October 18, 2016

Commissioner Carbone

stated Title 6 did not specifically talk about barking dogs, but there was probably something about nuisance as far as noise, If it was a public nuisance then Mr. Lewis should file with the County Clerk. John Koenig added the zoning regulations required five acres minimum to have bees. Ammie Nelson said she thought there was a conspiracy with her Democratic friends as they had another problem with their ballots. They had received information when they went to the Clerk’s Office that they were on the absentee ballot list and they were not. These people were also the ones that had a change in their party status. Sam Merlino explained there was an individual who got an absentee ballot who should not have and it was taken care of. She said it was not a big problem and noted her office issued over 2,000 absentee ballots in the last month.

Ms. Nelson

said she wanted to bring it up in case someone else was listening with the same problem.

Mrs. Merlino

said there should not be. If someone came in to vote and they questioned whether they were absentee or early her staff researched the matter. It was not a conspiracy or a major problem, just an error on her staff’s part for one individual. Elizabeth Halberstam from AmeriCorps, a nationwide coalition partnership, provided information about the company’s activities in Nye County. She announced the AmeriCorps program would collaborate with the Nuclear Waste and Environmental Advisory Committee to organize the Pahrump clean-up on October 29, 2016. Nancy Sollinger stated she did the minutes for the Beatty Library District Board of Trustees. She asked the Commissioners to appoint good people to that board who thought independently, were realists, and knew how to read a balance sheet or could learn how to. Dean Miller asked how many dogs a person could have on their property.

Commissioner Carbone

said it was a total of ten dogs and cats.

Mr. Miller

said he had a neighbor across the street that was a nuisance, not necessarily because of the noise but because most of the time he did not have running water and October 18, 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. had a lot of dogs that got out quite often. Mr. Miller said children walked down Tanya Drive and he was concerned they could be attacked. Angela Bello advised if anyone saw an animal running at large they should call Animal Control and report it.

Commissioner Schinhofen

made a motion to approve; seconded by Comm issioner Wichman; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Cox

said the Veterans Day celebration would be Friday, Novem ber 11, 2016, at 11:00 a.m., at the Chief Tecopa Cemetery, and Trunk or Treat would be on October 29, 2016, from 4:00 p.m. to 7:00 p.m.

Commissioner Schinhofen

mentioned Bob Dylan won the Nobel Prize for literature.

Commissioner Wichman

advised Crescent Dunes intended to expand and that was a big boon for northern Nye County. Also, Nellis and the naval airbase out of Fallon were trying to expand which Commissioner Wichman thought was great, but she was also looking to convince them the County needed some good solid partners with everything it had to provide in Nye County.

Commissioner Borasky

said the veterans stand down would be Saturd ay, October 22, 2016, from 9:00 a.m. to 3:00 p.m. in the Home Depot parking lot, 301 N. Highway 160. People should contact Linda Wright at 775-419-7857 for more information.

Commissioner Carbone

stated the Nevada County Celebrity Auctio n would be on October21, 2016, at the Pahrump Nugget, to benefit No To Abuse. Also, he and Pam Webster went to the meeting in Beatty where they talked with people to give their input and a letter would be brought forward to the Board. October 18, 2016

Commissioner Wichman

asked to be included in preparing the letter as she had some specific asks. Pam Webster said it would probably be in parallel because they were talking about an impact. One of the interesting things they learned at that meeting was the timetable for enacting the land withdrawal would be ultimately brought to fruition in 2021. At the meeting she and Commissioner Carbone said they just wanted to get the County’s concerns and impact on the record as soon as possible as the County opposed it. A general discussion was then held regarding those impacts. Angela Bello reminded everyone she had put up a suggestion box outside of her office and encouraged people to use it. Additionally, Donuts with the DA and Coffee with the Commissioners would be the first Saturday of the month at the community center on the corner of Highway 160 and Basin. Regarding her office and what they were dealing with, Sam Merlino said she ran some reports yesterday which showed that since August 1, 2016, they had processed over 4,038 voter registrations and changes and 4,300+ court documents were filed and indexed. With that volume she said her office was going to have some errors, but they were corrected. If anyone had any issues with their registration, absentee ballots or anything, Mrs. Merlino asked that they please call the office and she would be happy to correct it. She expressed her appreciation for everyone’s patience with her office and noted she does not get extra staff during this time. Pahrump Fire Chief Scott Lewis advised UICN donated eleven laptops to their department, which had been inspected by IT. They were well optioned and would be a great service to the organization.

Commissioner Borasky

said he went to the local Job Connect at the Nye Communities Coalition and read a letter regarding the activities of the Nye Communities Coalition in the County.

Commissioner Schinhofen

commented he had a neighbor with over 100 dogs, so he understood the situation with the barking. He thought the weight limits on Bell Vista needed to be kept in place, but said the County was looking at raising the speed limit there. Also, nobody liked roadwork, and Commissioner Schinhofen knew a lot of people would not like the roundabouts, but in the meantime the Public Works Director had been October 18, 2016 7. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshops!agendas)-Cont’d. talking with NDOT about the damage the toads would incur and was working to cotrect that. Pam Webster mentioned staff was moving forward on coordination and planning for the NACO conference on November 15-17, 2016. TIMED ITEMS

Commissioner Schinhofen

made a motion to adjourn for closed; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Botasky

assumed the Chair of the Licensing and Liquor Board. October 18, 2016 15. 11:15 For Possible Action Discussion and deliberation regarding an Order - — to Show Cause Hearing to suspend or revoke the Brothel licenses at the Area 51 Death Valley Cathouse located at 2711 Highway 95 in Amargosa Valley. Nevada and the Chicken Ranch Brothel located at 10511 Homestead Road in Pahrump, Nevada. As to the Death Valley Cathouse, Angela Bello advised Mr. Hof and his representative had stipulated that they were served with the notice of violation and order to show cause along with exhibit A, the Sheriffs Office investigation. They also stipulated they did not file a formal document denying the allegations, so those were now admitted.

Ms. Bello

said there was no need to take formal testimony of sworn witnesses as the Sheriff investigated and found them to be in compliance at this point.

Commissioner Schinhofen

made a motion to make no sanctions on the violation.

Ms. Bello

said for the record the Board needed to adopt the findings based on the stipulations of the parties and statement by the Sheriff.

Commissioner Schinhofen

made a motion based on the testimony of the Sheriff that they were now in compliance and that the Board would take no further action; seconded by Commissioner Wichman; 6 yeas. Regarding the Chicken Ranch, Alan Wickenstein was present representing Ken Green, the owner of the Chicken Ranch.

Ms. Bello

advised the Board the parties had stipulated they were personally served with the notice of violation, order to show cause and exhibit A to the order to show cause. They also stipulated they did not file any formal document denying any of the charges so there was no need to take any formal testimony and Ms. Bello confirmed with the Sheriff they were in compliance.

Commissioner Schinhofen

made a motion because they stipulated to the fact of being served and the Sheriff said they were in compliance to take no further action; seconded by Commissioner Carbone; 6 yeas.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. October 18, 2016 TIMED ITEMS-Cont’d. 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or reject Nve County Bill No. 2016-1 1: A Bill proposing to adopt a Development Agreement between Nye County and Beazer Homes Holding Corp., for the Burson Ranch Tesora— Pahrump residential subdivision; and providing for the severability, constitutionality and effective date thereof; and other mafters properly relating thereto; and 2) Set an effective date. Darrell Lacy, Planning Director, wanted to make sure everyone understood this was an existing development approved in 2005. All payments had been received and final maps recorded. They had the ability to build 586 homes without a development agreement, but the reason for a development agreement was to address some of the ancillary items that would impact the community.

Commissioner Carbone

asked why the ordinance requiring the 2-to-i would not apply.

Mr. Lacy

advised the 3-to-I dedication was for commercial lots, not residential, and they had over-dedicated the water to the residential lots.

Commissioner Carbone

asked if the requirements for flood areas, drainage, fire and the Sheriff needed to be reassessed.

Mr. Lacy

stated this development agreement did not relieve them of any of the impact fee payments so those contributions would still be made. If there were changes in the levels of those contributions those would be paid at the time a building permit was pulled. Angela Bello noted they did not need a development agreement to build, but they did need a map and the subdivision improvements maintenance and warranty agreement (SIA), which was coming up on another agenda item. Her concern was about entering into a development agreement and tying it into the SIA. Mt. Lacy said the County had not accepted any of the toads and they had maintained a bond.

Ms. Bello

said her question was if approving the development agreement tied the County into the SIA and whether the SIA should be done first.

Commissioner Carbone

said as long as this one could be done here and it did not affect the SIA discussion he had no problem, but if it did he needed to close the public hearing and come back to it.

Ms. Bello

felt they could probably be taken together and advised Commissioner Carbone to open the public hearing and do them simultaneously. October 18, 2076 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2016-11-Cont’d.

Commissioner Carbone

opened the public hearing and item 35 at the same time. PLANNINGIBUILDING

Commissioner Carbone

said his problem was the SIA was done in 2005 and the cost of materials had gone up so he was not sure if the bond was enough to cover the 75%. Tim Carlo, Public Works Director, said one of the challenges was the engineer’s estimate sheet had not been updated and they were working on that, but he thought the bond issued in 2005 would cover the costs. John Bosta, the acting president of the Private Well Owners Cooperative, read a statement opposing adoption of Bill No. 2016-11 [attached]. He stated the two reports by Tischler pointed out that any new development was a negative deficit to the County and no impact fees would improve that deficit; this property was in the flood zone and no flood zone maps were presented; and the master traffic impact analysis was not in the back-up which would show the impact on Homestead Road. He outlined concerns with water and the taxpayers being left to pick up the tab for the developers. Mr. Bosta felt this agreement was bringing in the 2005 rules and regulations and that the 2016 rules and regulations should be followed. Kenny Bent said he was going to file an appeal of the RPC’s decision because the back-up was completely insufficient. The huge problem he saw was that this had never been considered in the development agreement. He noted the 2- to-I relinquishment was lacking which was the standard everyone was living under in the valley. As far as the talk of whether the water rights would be relinquished to the utility or the basin, Mr. Bent noted there was no benefit of relief from the over-allocation if it went back to the utility and they needed to go back to the basin. He suggested the Board table this until the documentation came back showing the relinquishment had been made to the State and that the 1,900 acre feet of water was available for appropriation for this project. Dwight Lilly read a statement into the record [attached] expressing his concerns with Homestead road being beat up; maintenance of the public and common areas; water October 18, 2016 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or reject Nye County Bill No. 201 6-11-Cont’d. 35. For Possible Action Discussion and deliberation to approve a Subdivision Improvement, Maintenance and Warranty Agreement (SIA) for Beazer Homes Holding Corp., for the Burson Ranch Tesora — Pahrump-Cont’d. usage; sewer; flood control; and impact fees. Mt. Lilly felt the development agreement relied on dated data that did not meet the new challenges facing Pah rump and Nye County. Since this was actualty a new agreement as the old one had expired, Mr. Lilly said the developer needed to meet the infrastructure and impact responsibilities so that existing taxpayers were not negatively impacted. Ammie Nelson stated she was against any kind of growth until the water management plan was figured out. Wade Hinden said common sense would be if they wanted to have an expansion in that subdivision they had to be accountable money-wise for a brand new fire department in the town.

Commissioner Carbone

closed the public hearing.

Mr. Lacy

stated these were 8,000 square foot lots. For that size lot it was .88 acre feet for each home, 60 acre feet for the parks, and 12 acre feet for the elementary school, for a total of 587 acre feet. That was based on a usage of a third of an acre foot for each home, which was compliant with current Code.

Commissioner Carbone

asked how much of the over-dedication would be sent back to the basin.

Mr. Lacy

said that would not be known until the groundwater management plan was complete. The water district governing board hired a retired Department of Water Resources employee who was going through all the subdivision maps to try to identify what those numbers were in regard to the over-dedication and that information should be received in the next month or two. He thought that would be a fairly large number and negotiations with the utilities would be needed on how to address those over- dedicated water amounts. Tony Salis with Kaempfer Crowell, appearing on behalf of Beazer Homes, explained this was originally adopted at the end of 2005 for 586 lots on 160 acres. There were 32 homes already built with people living in them, 40 lots fully developed and ready to go upon pulling a building permit, and the remaining lots were all finalized with utility and water. Unfortunately the development agreement did lapse at the end of last year, so they contacted Planning on how to proceed. Based on the meetings with Mr. Lacy and the Sheriff, as well as feedback from the water district, Mr. SaIls said they made some changes and enhancements to the development agreement. Regarding fire, they October 18, 2016 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or relect Nye County Bill No. 2016-11-Cont’d. 35. For Possible Action Discussion and deliberation to approve a Subdivision Improvement, Maintenance and Warranty Agreement (SIA) for Beazer Homes Holding Corp., for the Burson Ranch Tesora — Pahrump-Cont’d. received a request for an additional fire hydrant on the exterior of the property that they agreed to. Comments were also received regarding water and how they could help with the underground aquifer and retain any runoff, so they added a stormwater recovery system. Additionally, in the open space along the park they would construct on their property a way for the water to be captured and drained down into the natural aquifer. They had also worked with the District Attorney’s Office regarding some of the technicalities of the homeowners’ association membership plan which that office needed to sign off on. Finally, the biggest issue brought forward was a comment from the water district and their concern with them adhering to any conservation moving forward. Mr. Salis said it was very cleat in the agreement that they were not grandfathered in on any of those obligations and whatever the Code was today was what they must comply with as well as with future changes. Jeff Lesnick from Beazer Homes addressed the concern with the remaining bond in place. Originally there was a $19 million bond. About 75% of the work had been completed, including all the wet utilities. Several years ago an engineer estimated what was remaining at $3.8 million. The current bond was for $4.789 million. Mr. Lesnick advised that after discussions with Nye County officials they agreed that for the amount of work remaining the bond would be sufficient. As far as the master traffic impact analysis, Mr. Lesnick noted part of that was to include turn lanes and streetlights at Manse and Homestead Road.

Mr. Carlo

commented the traffic, drainage and geo on this subdivision were approved in 2005 and he did not see how traffic was going to change unless the lot sizes changed. He also did not believe the contributions would change.

Commissioner Schinhofen

made a motion to approve the development agreement and the SIA; seconded by Commissioner Wichman.

Sheriff Wehrly

said she made some of her questions known earlier, one of which was the impact as far as the additional people and additional traffic problems. She understood a lot of that was settled at the time this was negotiated in 2005/2006, but she felt more people placed in that area would cause a problem as far as traffic control and signage.

Commissioner Carbone

said his concern was with the number of deputies needed.

Sheriff Wehrly

indicated she would need one more deputy and one more Animal Control Officer. October 18,2016 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or reject Nye County Bill No. 201 6-11-Cont’d. 35. For Possible Action Discussion and deliberation to approve a Subdivision Improvement, Maintenance and Warranty Agreement (SIA) for Beazer Homes Holding Corp., for the Burson Ranch Tesora — Pahrump-Cont’d.

Commissioner Carbone

commented the cost of that was well over $60,000.00. Pahrump Fire Chief Scott Lewis stated they never had a discussion on the impact to the fire service and the information they had did not come from the fire department. The additional resources they would require at a minimum included one firefighter, the equipping of such, the housing, and the response time due to traffic issues. All of those things need to be factored and Chief Lewis said they would like to have greater input when these discussions came up.

Commissioner Schinhofen

asked what changed in that subdivision since it had been x amount of homes with an impact fee for each home with parts going to the fire department and Sheriffs Office. Chief Lewis said it was based on a risk platform.

Commissioner Schinhofen

said he was comfortable with the development agreement because they were not mandatory. He hoped the public understood they came forward to do this and could walk out of here and build homes.

Commissioner Carbone

clarified the argument was not if the development agreement was needed. The point was adding things to it that may cover some of the areas that needed to be discussed. In addressing some of the comments made, Mr. Salis said they had contributed the monies that were asked of them to both fire and police. Regarding the impact fee, that impact fee remained in the document at $150.00 per unit for the Sheriffs Office and $200.00 per unit for fire. Additionally, Mr. Salis pointed out the requirement under the development code for a 24 month review, so in 24 months they would give the Board a status update and a review and discussion of a lot of these items would be appropriate at that time again.

Mr. Lacy

explained impact fees were covered by the NRS as to what they could be used for, which was only capital expenses, not the cost of a deputy.

Commissioner Ccx

asked when this plan was done in 2005 if it was based on water importation or the water in the aquifer at that point.

Mr. Lacy

said it was based on the water availability the County had. The developer purchased water rights and turned them over to the utility as required by the Code at October 18, 2016 11. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2016-11-Cont’d. 35. For Possible Action Discussion and deliberation to approve a Subdivision Improvement, Maintenance and Warranty Agreement (SIA) for Beazer Homes Holding Corp., for the Burson Ranch Tesora — Pahrump-Cont’d. that time, and that Code had not been changed yet. He pointed out they did agree to follow any standards established in the future.

Commissioner Ccx

wanted the water part of this looked at closer because things had changed. She had no problem with developing, but she did have a problem with the density and did not want this to impact the people already living in Pahrump.

Mr. Lesnick

said previously they had dedicated .88 acre feet of water per unit. They were currently being told the residents were using roughly one-third of that. They also had roughly 70 acre feet of water dedicated to maintain the common area, the biggest one being the detention basin. The original plan was to build two large soccer fields and Beazer agreed that should no longer happen and they had already begun reassessing their plan for the other common elements to make them water neutral. Mr. Lesnick stated they had every intention of complying with whatever standards the County came up with for landscaping and water usage. Gregory Hafen II, general manger of the Pahrump Utility Company, advised the average utility customer used roughly 300 gallons per day. Addressing the comments that they would be entitled to build anyway, Ms. Belle said it was her understanding a subdivision map that was provided more than a decade ago was contingent on the SIA at the time requiring them to complete construction within three years. She had not looked into whether or not they would have an automatic right to build at this time and was not sure if that statement was correct. It appeared to Commissioner Borasky that until the District Attorney’s question was answered the Board could not go any farther on this. He suggested getting the SIA determined and bringing it back.

Commissioner Schinhofen

offered to remove the SIA and just do the development agreement.

Commissioner Wichman

thought it needed to be left in there to satisfy the District Attorney and done in conjunction with or before the development agreement.

Mr. Silas

requested a 30 day continuance. It was agreed that the applicant would return on November 14, 2016, and present another development agreement and SIA. The Board was in recess until 2:30 p.m.

Commissioner Cox

was not present. TIMED ITEMS-Cont’d. 9. 10:00 For Possible Action Community Development Block Grant (CDBG) — — Public Meeting: 1) Overview of the Community Development Block Grant fCDBG) program; 2) Summary of Past Performance by Nye County with CDBG funding since 1982; and 3) Invite public to provide project ideas, and input on past or potential projects.

Commissioner Borasky

advised Nye Communities Coalition was still interested in the roof repair they applied for last time. Pam Webster conveyed a conversation she had with Pete Walsh with GOED, who took over the granting process and was shifting the focus from water/sewer systems to economic development. The first go around would be an executive summary of the project rather than the application. They would evaluate those summaries and go back to the individual projects they would like to see move forward and then have the application brought back. One of the things Mrs. Webster would like to do was come up with a blighted land rehabilitation executive summary and use the initial grant as seed money for future neighborhood rehabs. Savannah Rucker pointed out the last page of the back-up showed all the projects dating back to 1982, the most recent being the Nye County well upgrade and Senior Nutrition’s van purchase. October 18, 2016 10. 10:45 For Possible Action Continued Public Hearing, discussion, and - — deliberation to: I) Adopt, amend and adopt, or reject Nye County Bill No. 2016-10: a Bill proposing to amend Chapter 2.84, Nye County Peace Officer Advisory Review Board, providing for alternate members of the Nye County Peace Officer Advisory Review Board, setting forth its powers and duties, removing a superfluous reference to a “Director”; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Carbone

asked the Sheriff if she felt the changes were good as he thought she had some issues with department heads not being included in the document.

Sheriff Wehrly

advised the re-write included the department heads that employed peace officers. Angela Bello stated right now the amendment in the back-up said a peace officer would be defined as a current Category I, II or Ill POST-certified peace officer who was an employee or volunteer for the Sheriff’s Office. After the back-up was submitted the Sheriff pointed out she did not employee Category II deputies and wanted the definition expanded to include the bailiffs employed by the district and justice courts as well as the District Attorney investigators, which Ms. Bello advised was not required. Additionally,

Ms. Bello

mentioned this to Justice of the Peace Jasperson and he thought if that was going to be the case he would like to comment to the Board, but he was out of town.

Sheriff Wehrly

explained those peace officers all fell under NAC and NRS 289, which was the peace officers bill of rights and also defined what a peace officer was.

Commissioner Schinhofen

asked if the NAC which covered bailiffs was included.

Ms. Bello

said the peace officer bill of rights covered all peace officers and this was a peace officer review board. The question was whether the Board wanted that to expand so the public got to review discipline of all peace officers including bailiffs, or just the Sheriff’s Office peace officers, or include the District Attorney’s peace officers.

Sheriff Wehrly

noted there were at least two other agencies that had peace officers that fell within the NCLEA bargaining unit justice court bailiffs and the District Attorney’s Office investigators. They were all governed under one collective bargaining agreement and NRS 289. The juvenile probation office folks and the district court bailiffs were not part of the NCLEA contract, but they were governed by NRS 289.

Commissioner Wichman

said all of the explanation only served to confuse her more and she had received nothing that she was able to read to see all the changes. She asked that this be continued again until they got a clean copy in the back-up when the agenda came out so she did not get messages on her way to Pahrump that there was a new copy. October 18, 2016 10. 10:45 For Possible Action Continued Public Hearing, discussion, and - — deliberation to: 1) Adopt, amend and adopt, or reiect Nye County Bill No. 201 6-1 0- Cont’d.

Commissioner Schinhofen

made a motion to continue the public hearing until the first meeting of November in Tonopah and directed staff to have the final copy in the agenda; seconded by Commissioner Wichman; 5 yeas. 12. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or reject Nye County Bill No. 201 6-14: A Bill proposing to amend Nye County Code Chapter 17.04, the Zoning Ordinance of the Pahrump Regional Planning District, pertaining to the regulations of the Suburban Estates (SE) Zoning District; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Carbone

opened the public hearing. Darrell Lacy advised the only change was to clarify what livestock was. The previous ordinance only had large animals, which was not defined in the Code, so that was being changed to livestock.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

made a motion to adopt Nye County Bill 2016-14 with an effective date of November 7, 2016; seconded by Commissioner Borasky.

Commissioner Schinhofen

wanted to make sure livestock were animals rendered or used for food and did not include dogs.

Mr. Lacy

said the definition of livestock was agricultural or farm animals.

Commissioner Carbone

stated the document had a massive amount of changes and there was not a clean copy in the back-up. He asked the Board to continue this item.

Commissioner Schinhofen

made a motion to continue this item until November 14, 2016; seconded by Commissioner Borasky.

Commissioner Wichman

said she had a problem with the section on blacklist and would like it removed. She also thought it would be nice to have one section for licensing fees that stated it would cost $500.00 per and then they could employ number six and number eleven without it costing an arm and a leg. Angela Bello advised the District Attorney’s Office took out the security guards, but she did not believe the Board had ever voted on blacklist.

Commissioner Wichman

said if the fees could be straightened out so it was $500.00 per and the blacklist section removed along with the requirements on the security guard she could get her mind around it, but if those three things were left in she would vote against it. Mark Connet on behalf of Sheri’s Ranch stated they were provided with a copy of the proposed ordinance with the June 21, 2016, agenda, and the brothel owners immediately reached out and arranged meetings. They had provided some extensive proposed revisions in early September which they had not received a response to.

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 14. For Possible Action - General road report by Public Works Director Tim Carlo, Public Works Director, advised Bell Vista was still a work zone with a 45 mph speed limit as they did not have the needed supply of delineators. He said he was being cautious because of the drop off on that road.

Commissioner Wichman

said she drove through Manhattan last weekend and the job was coming together well. She asked if all the utility meters were moved before the paving started, which Mr. Carlo confirmed was done. October 18, 2016 14. For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Cox

asked if there were any plans to do any repairs on the corner of Bell Vista and Leslie on the Leslie side.

Mr. Carlo

said the Dollar Store was currently doing half road improvements on the northeast corner, so that intersection would get redone and next April when Public Works could apply for NFLAP he hoped to get the whole road redone. If that did not go through it was on the RTC list to do the initial 4.5 miles.

Commissioner Cox

said she noticed big potholes coming on Wilson between Blagg and the Bin ion Ranch.

Mr. Carlo

said he hoped to get some counters out there. Also, he was trying to get NDOT to relocate the stop sign and expand the radius on the detour.

Commissioner Carbone

mentioned the mesquites that were blocking views from stop signs.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 18. Presentation by Arlefte Ledbefter on town wide occupancy reporting and key performance indicators. Arlette Ledbetter gave a brief presentation regarding the tourism efforts for the past twelve months. A third party firm had been collecting the hospitality stakeholders data for them, which showed hotel occupancy was at 71.68% and RV occupancy was at 46.45%, which identified the need to focus on the RV occupancy. The hotel average daily rate was $72.83, which was $120.00 nationwide. Pam Webster asked if all venues were reporting their occupancy.

Ms. Ledbetter

said no, but a majority did and they determined averages for those venues that did not report. Their goal was to get every property reporting and eventually have a visitor intercept survey that would give hard figures on what each person spent. She advised she met with a representative of GLS Research and would like to get his feedback on the best place for a rural community with a limited budget to begin that survey. She would bring that information back to the Board and forecast it into the FY18 budget. October 18, 2016 16. Committee Reports James Horton, chair of the Pahrump Tourism Advisory Committee and general manager of Preferred RV Resorts, and Jack Sanders, a member of the tourism board, were p resent.

Mr. Horn

said he met with Pam Webster to find out how to improve communication and explore opportunities to improve what they were doing to better serve the community. He noted tourism and visitation in the town of Pahrump was up, which could be attributed to the new businesses in town, the efforts of Arlefte Ledbetter and the tourism committee, and the tourism firm they hired in April, 2014, to focus on the public relations, the paid advertising and the social media marketing. Mr. Horn said they were trying to promote additional events coming into town and had been quite successful in strengthening their partnership with the Pahrump Chamber. Lastly, Mr. Horn advised the committee was now in a position to offer a formal recommendation for use of the room tax and how it was allocated.

Mr. Sanders

thought it was time to re-evaluate the tourism committee and look at where it was as well as some of the things it could do working united with all their partners. He also thought it was time to look at the room tax funding. 17. Town of Pahrump Ongoing Prolect Report The report was in the back-up. Pahrump Fire Chief Scott Lewis noted they were trying to finalize the PSST and the completed radio project was working very well. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 19. For Possible Action — Approval of Elected Official Collection Report

Commissioner Wichman

made a motion to approve items 19-25; seconded by

Commissioner Schinhofen

; 5 yeas. 20. For Possible Action — Approval of Assessor’s Office Change Request

Commissioner Wichman

made a motion to approve items I 9-25; seconded by

Commissioner Schinhofen

; 5 yeas. October 18, 2016 21. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday! January 17, 2017 in Pahrump, Nevada.

Commissioner Wichman

made a motion to approve items 19-25; seconded by

Commissioner Schinhofen

; 5 yeas. 22. For Possible Action Approval to accept a subqrant award from the Nevada Department of Health and Human Services. Division of Public and Behavioral Health to fund the Women, Infants, and Children (WIC) Clinics in Pahrump and Ionopah. WIC is a federally funded program providing nutrition education information to participants, a food delivery system, and facilitating the delivery of health services to participants in the program. Subgrant award is in the amount of $201,470.00. This subgrant shall be administered out of Fund 10340 Grants and there is no County match required. Subgrant period of time is October 1, 2016 through September 30, 2017.

Commissioner Wichman

made a motion to approve items 19-25; seconded by

Commissioner Schinhofen

; 5 yeas. 23. For Possible Action Approval to accept a grant award from the US Environmental Protection Agency (EPA) for an Environmental Workforce Development and Job Training Grant in the amount of $200,000.00. This grant will be administered out of Fund 10340 Grants and there is no County match required.

Commissioner Wichman

made a motion to approve items 19-25; seconded by

Commissioner Schinhofen

; 5 yeas. 24. For Possible Action Approval to accept the: 1) FFY 2017 Grant Award from Aging and Disability Services Division (ADSD) for $66,414 to provide congregate meals to the Amargosa Valley, Beatty and Tonopah Senior Centers; and 2) the corresponding Confidentiality Addendum. There is no County match required.

Commissioner Wichman

made a motion to approve items 19-25; seconded by

Commissioner Schinhofen

; 5 yeas. 25. For Possible Action Approval to accept the: 1) FEY 2017 Grant Award from Aging and Disability Services Division (ADSD) for $52,000 to provide home delivered meals to the Amargosa Valley, Beatty and Tonopah Senior Centers; and 2) the corresponding Confidentiality Addendum. There is no County match required.

Commissioner Wichman

made a motion to approve items 19-25; seconded by

Commissioner Schinhofen

; 5 yeas. October 18, 2016 BOARD OF COMMISSIONERS-Cont’d. 29. For Possible Action Discussion and deliberation regarding submitting a letter to the State Legislatures requesting reinstatement of the fund status to address the care, maintenance, and repair of the Beatty Low-Level Radioactive Waste (LLRW) facility; and to provide Nye County a percentage funding for the oversight responsibility.

Commissioner Schinhofen

said he asked for this letter to be brought forward. A couple of years ago the State needed $8 million so they swept the fund. This letter asked them to reinstate that fund and that the County get a portion of it.

Commissioner Schinhofen

made a motion to accept the letter for the Chairman to sign and send it out; seconded by Commissioner Wichman; 5 yeas. SHERIFF 30. For Possible Action Discussion and deliberation regarding a Public Safety Sales and Use Tax Spending Plan.

Commissioner Wichman

said she had not seen the back-up and asked for a break so she could review it. This item was re-opened later in the meeting. [See page 22.]

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners as Commissioner Carbone was not present. COUNTY MANAGER 31. Ongoing Project Report The report was in the back-up. 32. For Possible Action Discussion and deliberation to ratify the County Manager’s selection of Assistant County Manager. Pam Webster said over the past few years it had really been obvious to her that it was important to have management representation and presence in the northern part of the County, primarily Tonopah. It had been a help to her to have that, so in searching for a replacement she focused on that area. She wanted to ensure it was someone familiar with processes and procedures, was very much entrenched in the manner in which business was conducted both in Pah rump and Tonopah, and was a compliment to not only starting projects and finishing them, but also monitoring after they were done and completed. One individual stood out and up as being the primary fit to that requirement October 18, 2016 32. For Possible Action Discussion and deliberation to ratify the County Manager’s selection of Assistant County Manaqer.-Cont’d. and Mrs. Webster was happy to request the Commissioners ratify Lorina Dellinger for Assistant County Manager.

Commissioner Wichman

made a motion to ratify; seconded by Commissioner Sch in hofen.

Commissioner Schinhofen

asked about freezing anything to fill her old position.

Mrs. Webster

explained with the organizational changes and the way they put this together they were able to achieve the savings without having to experience the freeze so the Board could accept the savings and waive the time.

Commissioner Wichman

modified her ratification to include that; Commissioner Schinhofen modified is second; 4 yeas. FINANCE 34. For Possible Action Discussion and deliberation regarding the budget status for Fiscal Year 2017, budget proiections and possible actions. Savannah Rucker said most departments were right on track and anything with an overage she had an explanation for.

Commissioner Wichman

said she was concerned about the State level revenue not coming in and asked if it was normal for this time of year.

Ms. Rucker

said it was and explained very little revenue was seen the first couple of periods of the year. It then ramped up with 25% of the revenue received at the end of the fiscal year. PLANNINGIBUILDING-Cont’d.

Commissioner Borasky

made a motion to set a date, time and location for a public hearing on Nye County Bill No 2016-15 of November 14, 2016, at 11:00 a.m.; seconded by Commissioner Wichman; 4 yeas. October 18, 2016 36. For Possible Action Discussion and deliberation regarding a reques t to: 1) Set a date, time, and location for a Public Hearing on Nye County Bill No. 2016-15- Cont’d.

Commissioner Schinhofen

read the title of the bill into the record.

Commissioner Wichman

made a motion to accept; seconded by Commissioner Carbone; 5 yeas.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. SHERIFF 30. For Possible Action Discussion and deliberation regarding a Public Safety Sales and Use Tax Spending Plan.-Reopened.

Commissioner Wichman

asked the District Attorney if she had an opportunity to review this to see if it complied with the NRS for that money. Angela Bello responded she did not.

Commissioner Wichman

said that concerned her because the last couple of times the Board had put things like this through it was discovered something could not be done because it did not meet with the NRS.

Ms. Bello

explained there was a particular calculation as to how to spend the money and she provided that to Pam Webster.

Commissioner Wichman

said it was not the formula that concerned her. What concerned her was what the money was being spent on and what was appropriate under that NRS.

Mrs. Webster

said she had reviewed it and it complied with the NRS.

Ms. Bello

said the only one she saw a potential issue with was the contract for medica l services as it was not additional safety personnel or equipment or facilities. October 18, 2016 30. For Possible Action Discussion and deliberation regarding a Public Safety Sales and Use Tax Spending PIan.-Reopened.-Cont’d.

Commissioner Wichman

asked about CALEA. When Sheriff Wehrly explained that was accreditation for law enforcement, Ms. Bello asked to put that one off until she could review it.

Commissioner Wichman

made a motion to approve contingent upon all of the questions and concerns being answered and asked Mrs. Webster to follow through to make sure it all met NRS; seconded by Commissioner Schinhofen; 5 yeas. COUNTY MANAGER-Cont’d. 33. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the Nye County Property Use Policy.

Commissioner Schinhofen

explained the Board had asked to have this brought back for a clean copy. He thought the map provided in the back-up was more in line with the area Commissioner Carbone was thinking and Commissioner Schinhofen was fine with it being the parking spaces outside the District Attorney’s Office closest to the street. Also added was a person needed to sign an acknowledgment of the rules form to set up the booths which could be obtained through the County Manager.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Schinhofen. Angela Bello pointed out on the second page that the fourth bullet was not crossed out and was a little vague. It should say all observers of voting within the polling place would have to fill out the form.

Commissioner Wichman

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

Ms. Bello

then referred to the second sentence in the next paragraph which said pursuant to NRS 293.740 anyone in violation of these laws may be charged with a gross misdemeanor. She said that was vague as to what law it was referring to and it should say that anyone in violation of NRS 293.740 may be charged with a misdemeanor.

Commissioner Wichman

amended her motion to add that; Commissioner Schinhofen amended his second.

Ms. Bello

advised her office also took out all references to County buildings because she thought it should be brought back if that needed to be added. October 18, 2016 33. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the Nye County Property Use Policy.-Cont’d.

Commissioner Wichman

made a motion to set the date as November 14, 2016, at 11:00 a.m.; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Wichman

read the title of the bill into the record. PUBLIC PETITIONER

Commissioner Wichman

made a motion to appoint Joni Eastley, Midge Carver, and Dan Schinhofen, if the three would accept, based on the recommendation of the Nye County Water District Governing Board; seconded by Commissioner Schinhofen.

Commissioner Carbone

asked if people would come to the water district and brief them on what happened in the meetings. Commissioner Schinhofen said sure as he was the liaison.

Commissioner Carbone

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

Chair NyeCou

1y Clerk / Deputy evn. U Private Well Owners Coop. October 18, 2016 P.O. Box 2073 Pahrump, NV 89041-2073 Nye County Board of Commissioners 2100 E. Walt Williams Dr. Pahrump, NV 89048 RE: BoCC Agenda Item 11; Nye County Bill No. 2016-11: A Bill proposing to adopt a Development Agreement between Nye County and Beazer Homes Holding Corp., for the Burson Ranch Tesora @ Pahrump residential subdivision. - — The Private Well Owners Cooperative (Coop) opposes the adoption of Nye county Bill No. 201&i1 because the fiscal impact will produce net deficits to the County; no residential land use pays for itself. 1. September 16, 2005 the Nye County Board of County Commissioners fBoCC) accepted the Draft Cost of Land Use (COLU) Fiscal Impact Analysis for the Pahrump Area prepared by TischterBise. TiscifierBise evaluated a total of nine land use categories-six residential and three nonresidential. Residential categories are: (1) Single Family (High Value); (2) Single Family (Medium Value); (3) Single family (Lower Value); (4) Duplex; (5) Multifamily; and (6) Mobile/Manufactured Home. The nonresidential categories are: (1) Retail; (2) Office; and (3) Industrial. Since this analysis focuses on the fiscal impact of selected residential and nonresidential land uses without regard to location, it relies on average costing for both operating and one-time capital costs. The net fiscal impacts for the residential and nonresidential prototypes are determined by subtracting costs necessaiy to serve each land use from the revenues generated by each land use. Major results from the COLU fiscal analysis by jurisdiction are as follows. It is important to note that the assumptions reflect current levels of service and the adoption and implementation of four impact fees. • All land uses included in the analysis produce net deficits to the County except retail. • No residential land use pays for itself, all generate net deficits to the County. • A Duplex unit, at an average market value of $148,000, produces the smallest overall net deficit at $570. This is primarily due to road-related costs that reflect lot size. A Single Family Detached Unit High Value, with an average market value of $325,000, produces the next smallest net deficit and the smallest for detached units at $666. Private Well Owners Coop. Page 1 Based on this analysis, the breakeven market value for a single family detached unit is approximately $540,000. • The residential results (including operating and capital) are as follows: Category I 111gb Value Medium Value Lower Value Duplex Multifamily MobilThhnuf Home I Total County Net Fiscal Renlts $666) ($792) ($769) ($570) ($70X1 (883) In 2005 the County was receiving the about $10 million annually from the federal government in the form of “Payment Equal To Taxes,” or PEU funds, which is a fixed payment and does not increase due to growth. The $10 million is no longer available which has put a real strain on the current budget. The Coop opposes the amendment of the 2005 Development Agreement because the impact fees are the 2005 values and not the present day values. The Recital of Premises, Purpose and Intent of the Development Agreement: a. On October 17, 2005 the Nye County Board of County Commissioners (“BoCC”) approved a certain Development Agreement, as Ordinance No. 305 and recorded in the Nye County Recorder’s Office on January 5, 2006 as Document No. 646474 by and between the Parties for the development of the Property. The Development Agreement has since expired and the Developer has expressed an interest to continue developing the Property as originally contemplated under the Development Agreement and the County has expressed an interest in having the Property developed. f. Additionally, the Developer agrees. as each home is constructed, that the Developer is reqtnred to Comply with local codes, ordinances, and Nevada Revised Statutes with regard to water use and water use restrictions. No portion of the Agreemetit shall be interpreted to imply, in any way whatsoever, that the Developer is grandfathered in with respect to water use and water conservation effort underway in the Pahrump Hydrographic Basin. The Agreement impact fees include both the County and the Town of Pahrump; a Bill should have only one topic not two. Section 1. Definitions: 1.1(9) “Impact Fee” means a charge or fee imposed by the County with respect to new development to finance the costs of a capital improvement or facility expansion necessitated by and attributable to new development. The term does not include expenses required to complete any capital improvements identified and subsequently approved by the Director of Public Works in any studies that are required of the Developer by the County under the Zoning Action or under this Agreement, including but not limited to the Master Traffic Impact Analysis. Private Well Owners Coop. Page 2 The county should require a Master Traffic Impact Analysis. 565 new residences will have an impact an the traffic patterns in Pahrump . WIN there be a need of traffic lights? If needed, the agreement shou ld require the developer to pay the traffic lights and not the present citizens of Pahrump. 1.1(11) “Engineering and Design Standards” means those standards adopted by the County for the desien of roads, drainage, and other infrastructure, as may be amended from time to time. The Engineering Standards are cunently set forth in the “Guidelines for Design and Review of Development Engineering Submissions”, pursuant to Nye County Bill 2005-02. The County acknowledges that the improvement plans, dated July 2006, submitted by V-Point and attached hereto as Exhibit B are approved and comply with the Engineering and Design Standards as outline d herein. Did Bill 2005-02 Engineering and Design Standards have a Master Traffic Impact Analysis? 1.1(15) “Master Traffic Impact Analysis” means a comprehensive traffic study prepared in conformance with the Zoning Action, as amended or conditioned and finally approved by the County The County has not made a comprehensive traffic study for Nye County Bill No. 2016-11 and the proposed Development Agreement. 1.1(20) “Project Transportation Improvements” means street improvements , within the boundaries of the Planned Community and adjacent to the boundaries of the Planned Community that are identified in the Master Traffic Impact Analysis as necesswy to provid e egress and ingress to and from the Planned Community to existing public roads and to mitigate the traffic impacts of the Planned Community Is the Project Transportation Improvement the Offsite Infrastructure for Northern section of Squaw Valley Road f 1/2 street improvements and open space) and Squaw Valley Road (1/2 street improvements and open space). which is identified in the required Master Traffic Impact Analysis? 1.1(25) “Technical Drainage Study” means a study prepared in confor mance with the Zoning Action, as amended or conditioned and approved by the Director of Public Works. Has a Technical Drainage Study been made and approved by the Directo r of Public Works for this Bill No. 2016-11? Are the roads above the flood plain? The County should not end up paying for additional flood control after the fact. Private Well Owners Coop. SECTION 2- GENERAL PURPOSE AND INTENT County Intent. The County desires to enter into this Agreement in conformity with the requirements of NRS 278.0201 and as otherwise permitted by law and this Agreement to provide for public services, public uses and urban infrastructure, to promote the health, safety and general welfare of the County and its inhabitants, to minimize uncertainty in planning for and securing orderly development of the Planned Community and surrounding areas, to insure attainment of the maximum efficient utilization of resources within the County at the least economic and fiscal cost to its citizens, to reasonably mitigate the impacts that the development of the Property will have on the citizens and lands of the Palmimp Regional Planning District, and otherwise achieve the goals. and purposes for which the laws authorizing development agreements were enacted. The comment, “the least economic and fiscal cost to its citizens”, is in direct conflict with the results of TischlerBise Report, “No residential land use pays for itself; all generate net deficits to the County.” Developer Intent. In accordance with the legislative intent evidenced by NRS Chapter 27$, Developer wishes to obtain reasonable assurances that Developer may develop the Planned Community in accordance with the conditions established in this Agreement. Developer acknowledges that there are insufficient public services, which includes facilities and infrastructure, existing or planned at this time, and in order to develop the Planned Community, Developer is willing to enter into this Agreement in order to provide certain public services, facilities and infrastructure in the area of the Planned Community. Based upon the nature of the Planned Community, the type and extent of the public improvements and infrastructure to the Planned Community to be provided by Developer, and the type and extent of the public and private improvements to be provided within the Planned Community, the Developer’s decision to commence development of the Planned Community is based on expectations of proceeding and the tight to proceed with the Planned Community in accordance with this Agreement, the Applicable Rules and the Zoning Action. Developer further acknowledges that this Agreement was made a part of the record at the time of its approval by the BoCC and that the Developer agrees without protest to the requirements, limitations, or conditions imposed by the Agreement and the Zoning Action. Developer acknowledges that there are insufficient public services, which includes facilities and infrastructure, existing or planned at this time, and in order to develop the Planned Community, Developer is willing to enter into this Agreement in order to provide certain public services, facilities and infrastructure in the area of the Planned Community. The small one time impact fees provided by the Developer will not make up for the net deficiencies of revenue to the county over the long haul. The present citizens will end up paying for net deficiencies caused by the Developer. Private Well Owners Coop. Page 4 SECTION 4- PLANNING, DEVELOPMENT AND MAINTENANCE OF THE PLAN NED COMMUMTY 4.2 General Plan Amendments. County acknowledges that Developer is anticipating that the entire Property will be developed in accordance with County Ordinance No. 285—develo pment standards provided for pursuant to zoning district VR-8, with any future amendments thereto, provid ed however, that the Planned Community shall be developed in accordance with the Applic able Rules as set forth herein. County agrees that it will enforce County Ordinance No. 285. The Bill No. 2016-11 new Ordinance No. — will enforce the old County Ordinance No. 285. 43 Modifications to Subdivision Map. Developer shall have the tight to have nonmaterial modifications to the Planned Community approved administratively by the Planning Directo r. (a) A nonmatetial modification is a modification requested by the Developer that: (1) meets or exceeds the requirements of the VR-$ zoning district development standards; and (ii) involves less than a one-half percent (1/2%) increase in residential density or number of permitted dwelling units; and (iii) does not decrease-in the amount of open space provided; and (iv) does not increase the amount of land area covered by this Agreement; and (v) does not involve a relocation ofland use classifications (e.g., residential, commercial, industrial); and (b) A nonmaterial modification includes any rearrangement of the internal street pattern that increases the efficiency of traffic patterns, increases the efficiency of utility services, and improves drainage patterns, as determined by the Planning Director after consultation with the Nye County Department of Public Works. (c) A material modification shall be reviewed and acted on administratively by the Planning Director within thirty (30) days. If Developer is aggrieved by the Director’s decisions, Developer may appeal that decision in accordance with I 6.36.0$0.E of the Code. A § material modification includes any modification which does not quali as a nonmaterial modification, and shall be processed in accordance with the Applicable Rules. After the Bill No. 2016-ills adopted by the B0CC the Subdivision Map and residential density can be changed by the Planning Director and the Dept. of Public Works without the approval of the B0CC. 4.4 Subdivision Maps. (c) County acknowledges that a Merger Resubdivision Final Map of Tesora Pabrump ( Phase I has been approved and is recorded mi the Nye County Recorder’s Office on June 12, 2007 as Docum ent No. 687803 and is attached hereto as Exhibit C. The County further acknowledges that a Merge r Resubdivision Final Map of Tesora (1 Pahrump Phase 2 has been approved and is record ed in the Nye Count Recorders Office on December 31.2009 as Document No. 738975 and is attache d hereto as Exhibit D. A new subdivision Final Map of Tesora should require all agencies to sign off for all new requirements has been approved pursuant to year 2016 and not Private Well Owners Coop. the years of 2007 and 2009. There may have been changes in the rules and regulation, in State and Local Laws; e.g. the Water District’s new rule that Developer must relinquish two acre-feet of water for each acre-foot of water needed for the subdivision’s buildings and open space. 4.9 Additional Property. Developer may not include property outside the boundaries of the Planned Community within the terms of this Agreement without the prior approval of the BoCC. Said approval shall be solely in the discretion of the BoCC. if Developer requests additional property to be included, the BoCC must reconsider additional impacts of the proposed additional development and must ensure that all impacts are appropriately mitigated through Developer contributions, impact fees, and any other allowable revenue source. Furthermore, the BoCC reserves the right to adjust the terms of this Agreement as a condition for allowing the addition of property. If additional property is added a New Bill should be required for the additional land with a new subdivision map and all required signatures of all agencies. 4.11 Phasing Schedule. In accordance with this section, the Developer is proposing a tentative phasing schedule to give notice to the County of its intentto Phase the Planned Community. The County and Developer mutually agree that this phasing schedule is for planning purposes only and is not a schedule that is to be enforced by either party; however, the County may withhold building permits pending the substantial completion of Off-Site Infrastructure as provided with each map as stated below. The Developer, in good faith, is proposing this schedule based on its beliefof the current and future marketing analysis and construction process proposed for this Planned Community. Additionally, the County and Developer agree that the construction of the internal park shall commence prior to the issuance of building permit three hundred (300) and shall be substantially completed within one year, from the commencement date. Finally, Developer shall provide a quarterly report to the Planning Director. The report may include a sumxnaiy of activity for the previous quarter and projections for next quarter. These reports are non-binding and shall be used for planning purposes only. Map 1—288 units have been increased to 312. This indicates the lot size has been reduced so that more houses can be built during the ten year period of 2016 to 2026. Map 2—277 units has been decreased from 296 units for a period of 16 years from 2016-2032. The decrease might indicate that 22 houses were constructed between the years 2005-2015. The total is 589 houses will be built over the 16 year period. SECTION 6- OPEN SPACE, PA1KS AND PUBLIC FACILiTIES Private Well Owners Coop. Page 6 6.1 General. Developer shall design and construct the open space and parks described in this Section. All such thcilities shall meet the requirements of the Applicable Rules and be available for the nonexciusive use of the residents of the Planned Community. The open space and parks will be for the Planned Community. There is no commitment that the general public of Pahrump will be able to use the open space and parks. 6.2 Parks. At no cost to the County or Township, Developer shall design, construct and provide access to the approximately 13 acres of park and open space identified in the Tesora at Pahrwnp subdivision Map, as depicted in Exhibit G attached hereto. Each park required by this Section shall include at least the Ibilowing amenities, unless the requirement is waived by the BoCC: soccer fields, trees and other plantings, gazebos, irrigation, picnic areas, jogging and walking paths, and other apparatuses designed to serve the residents of the Planned Community on a non-exclusive basis. In addition to the amount of open space and park area that is provided by the Developer, the Developer and County agree that Developer shall contribute, for the benefit of the Township, a unit” fee in the amount of Three Hundred and Sixty One Dollars ($361.00) for each building permit issued for a residential unit within the Planned Community. The County agrees that this fee is to be used by Township to operate, construct, andlor maintain any public parks owned and operated by the Township. This is the same agreement as 2005-2015. Only $7,942 was paid for 22 houses built during the 10 years of the agreement. $219,488wouM have been paid if the 608 houses were ever built during the 10 year period. The 589 houses will provide $203,965which should be paid up front before any building permits are issued. $12,798 per year will not pay for the upkeep of park and open space for the 16 years duration of the agreement. 6.3 Police Services. The County is obligated to furnish reasonably adequate police protection to the residents, guests and invitees of the Planned Community. To satisfy’ this obligation, the Developer and County agreed that Developer will contribute Sixty Thousand dollars ($60,000) to the County The County acknowledges that Developer has contributed Sixty Thousand Dollars ($60,000) to the County, and, therefore, has satisfied this Developer obligation. Developer is not responsible for any further payments mentioned in this paragraph. In addition, Developer shall contribute a “imit” fee in the amount of One Hundred and Filly Dollars ($150.00), upon the issuance of a building permit for each residential unit in the Planned Community. Any revenue received from these “unit” fees shall be placed in a County’s capital expenditures fund for the sole purpose of funding the needs of the Nye County Sheriff’s office. The 589 houses will provide $88,350 which should be paid up front before any building permits are issued. Will $5,522 per year pay for the increased Sheriff’s cost of protection over the 16 year period? Private Well Owners Coop. Page 7 6.4 Fire Station. The County acknowledges the Developer has contributed Ten Thousand Three Hundred Forty-Six Dollars ($10,346.00) for the expansion, improvement, and/or acquisition of facilities for the Township of Pahmmp’s Fire Extension Service and, therefore, has satisfied this Developer obligation. Total combined contribution to Township shall not exceed Twenty-Five Thousand Dollars ($25,000.00), with Developer’s contribution not exceeding an amount up to Ten Thousand Three Hundred Forty-six Dollars ($10,346.00). Is the onetime payment of $10,346 sufficient to pay for the increas ed cost of fire protection for 16 years? $18 per house over 16 years is a $1.13 per year per house. SECTION 7— WATER 7.1 Water Supply. The parties acknowledge that the Developer has adequate certific ated water rights for the Property and the County currently has no role in the allocation of water to people in Pahrmnp. 1f however, the County assumes any role in water allocation during the term of this Agreement, County agrees it will endeavor to allocate or cause to be allocated to the Planned Community water in order that the development of the Planned Community will continue uninterrupted. County and Developer will cooper ate with any water provider in granting over their respective properties reasonable easements or right-o f-ways either on or off project necessary for the installation of water lhcifities to serve the development. The amount of certificated water rights has not been identified and the amount of relinquishment of 2 for 1 has not been included in this section . 112 acre-feet of water is required for each house which is a total of 659.68 acre-feet of water. The 2 for 1 relinquishment is 1,319.36 acre-feet of water. The total would be 1,979.04 acre-feet of water needed for the 589 houses plus the unknown amount to water the park and open space areas. The amount of water needed for this project must be discussed in the open meeting so that everyone knows how much water witI be used. All of the facts have not been presented for scrutiny by the public or the BoCC. SECTION 8—SANITATION 8.1 Sewer. Developer shall provide sanitary sewer system facilities required by the Zoning Action. Developer anticipates that other off site sewer lines will be required for the full develo pment of the Planned Community. Developer shall grant tights.of-way or easements to perpetu ate the continuation o sewer lines. County wil) assist, except financially, in obtaining all rights-of-way, permit s, easements or other interests not owned by Developer necessary to construct the faciliti es required in this Section. County is not obligated to pay any additional financial costs associated with obtaining rights-of-way, permits, easements, or other interests not owned by Developer necessary to construct the facilities required in this Section. The County agrees that if any sewers required onsite to the Planned Community are required to be over sized in order to serve areas outside of the Planned Community, the County will offer reimbursement for the over sizing through its standa rd sewer refimding process. if the sewer is provided by an entity other than the County, the County is not required to Private Well Owners Coop. PageS offer reimbursement to Developer for the over sizing through its standard sewer reflmding process. Developer shall have no obligation to participate in, pay, contribute or otherwise provide any further exaction, including special improvement district assessments, other assessments or Development Fees, to provide for facilities or improvements or for any other facilities, equipment or physical improvements relating to sanitary sewer service offsite of the Planned Community. All of the Sanitation facts have not been provided for scrutiny by the public or the B0CC. SECTION 9—TRANSPORTATION 9.1 Traffic Studies. Developer has submitted to the County a Master Traffic Impact Analysis for review. Amendments and supplements to the Master Traffic Impact Analysis will be submitted by Developer for review and approval by County. There is no Exhibit for the Master Traffic tmpact Analysis. Alt of the Transportation facts have not been provided for scrutiny by the public or the B0CC. Homestead would be the arterial road that the home owners use. The added wear and tear is not addressed nor is the added congestion. 9.9Jrnpact Fees. Iffipact Fees for transportation shall be paid in accordance with Section 12.2 of this Agreement. The Impact Fees for transportation should be included in the section SECTION 10- STORM DRAINAGE 10.1 Storm Drainage Report. Developer has submitted to the County a Technical Drainage Study for the Planned Community and for the County’s review and approval. 10.2 Definitions. There is no Exhibit for the Storm Drainage. All of the Storm Drainage facts have not been provided for scrutiny by the public or the B0CC. 10.4 Storm Water Recovery System. The County and the Developer agree that Developer shall construct, at the sole cost to the Developer, a storm water recovery system at a mutually agreeable location within the Planned Community. The purpose of the storm water recovery system is to collect run-off water and help facilitate and direct the return of the nm-off water to the natural underground aquifer. The Storm Water Recovery System provides no information for scrutiny by the public or the BoCC. SECTION 11- SPECIAL IMPROVEMENT DISTRICT 11.1 Consideration of Special Improvement District County may consider any applications for developer initiated special improvement districts which may be identified as material to the development of the Planned Community. The Parties agree, however: (1) that nothing contained in this Section or elsewhere in this Agreement constitutes in any way a pre-approval or authorization of any such developer Private Well Owners Coop. Page 9 initiated special improvement districts; and (ii) any developer initiated special improvement district must be processed and approved pursuant to all applicable State and County laws, policies and procedures. The Special Improvement District provides no information for scrutiny by the public or the BoCC. SECTION 12- GENERAL PROVISIONS 12.2 Impact Fees. The County has approved a Capital Improvement Plan for police, parks, fire and streels and highways. The capital improvement plan for drainage and flood control is currently under review by the County. (a) Parks. In addition to the amount of open space and park area that is provided by the Developer, the Developer and County agree that the Developer shall contribute, for the benefit of the Township, a “unit” fee in the amount of Three Hundred Sixty One Dollars ($361.00) for each building permit issued for a residential unit within the Planned Community. The County agrees that this fee is to be used by Township to operate, construct and/or maintain any public parks owned and operated by the Township. Based on this contribution, Developer shall not be subject to any other impact fee for parks imposed by the County or Township pursuant to NRS 27$B for a period of three years from the effective date of this Agreement. During the period of three to five years from the effective date of this Agreement, the unit fee for parks shall increase cumul atively by a percentage equal to the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years. This increase shall be effective annually beginning on the third year from the effective date of this Agreement Beginning five years from the effective date of this Agreement, the developer shall pay the impact fee for parks that are effective at the time a building permit is issued in lieu of the unit fees. The Developer should pay the impact fee for parks up front before any building permits are issued. (b) Police. The County acknowledges that Developer has paid to the County Sixty Thousand Dollar s ($60,000.00). This contribution from the Developer to the County satisfies the Develo per’s obigation. In addition, Developer shall contribute a “unit” fee in the amount of One Hundred Fifty Dollars ($1 50.00), upon the issuance of a building permit for each residential unit in the Planne d Community. Any revenue received from these unit fees shall be placed in a County’s Capita l expenditures fund for the sole purpose of funding the needs of the Nye County Sheriff’s Office. Based on this contribution, Developer shall not be subject to any other impact fee for police imposed by the County or Township pursuant to NRS 27$B for a period of three years from the effective date of this Agreement. During the period of three to five years from the effecti ve date of this Agreement, the unit fee for police shall increase cumulatively by a percentage equal to the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years. This increase shall be effective annually beginning on the third year from the effective date of this Agreement. Beginning five years from the effective date of this Agreem ent, Private Well Owners Coop the developer shall pay the impact fee for police that is effective at the time a building permit is issued in lieu of the unit fees. The Developer should be responsible to pay the impact for police and any increase from the effective date of this agreement. The public is required to pay from the effective date. Why is the Developer given special consideration? (c) Fire. The County acknowledges that Developer has contributed Ten Thousand Three Hundred forty-Six Dollars ($10,346.00) for the expansion, improvement, and/or acquisition of fcilities for the Township of Pahruiup’s fire Extension Service, and, therefore, has satisfied this Developer obligation. The Developer paid the $10,346 for the existing house built during the 2005- 2015 agreement. This a new agreement which requires another payment of $10,346 for the 589 houses to be built during the 20 16-2032 agreement. The County and Developer also agree to the installation and consmiction of an additional fire hydrant/refill station, at the sole cost to the Developer, at a mutually agreeable location on the perimeter of the Property. -In addition, the Developer shall contribute a “unit” fee, payable directly to the Township, in the amount of Two Hundred Dollars ($200.00), upon the issuance of a building permit for each residential unit in the Planned Community, to the Township of Pahmmp Capital Account for the sole and discretionary provision of fire services to the Pabrump Regional Planning District. Based on this contribution, Developer shall not be subject to any other impact fees for fire facilities imposed by the County or Township pursuant to NRS 2783 for a period of three years from the effective date of this Agreement During the period of three to five years from the effective date of this Agreement, the unit fee for fire facilities shall increase cumulatively by a percentage equal to the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years. This increase shall be effective annually beginning on the third year from the effective date of this Agreement. Beginning five years from the effective date of this Agreement, the developer shall pay the impact fee for fire facilities that is effective at the time a building permit is issued in lieu of the unit fees. The Developer should be responsible to pay the impact for fire and any increase from the effective date of this agreement. The public is required to pay from the effective date. Why is the Developer given special consideration? (d) Traffic. Developer and County agree that Developer shall contribute, for the benefit of the Township, a “unit” fee in the amount of One Thousand Two Hundred Ninety Eight Dollars ($l,29$.OO) for each building permit issued for a residential unit within the Planned Community. Developer may deduct or otherwise apply a credit towards any impact fees addressed by the Master Traffic Impact Analysis. The Developer shall be given credits for any transportation improvements it Private Well Owners Coop. Page 11 provides under the terms of the agreement that are a part of County’s capital improvement plan as adopted. Developer shall not be subject to any other impact fee for traffic imposed by the Cuntyor Township pursuant to NRS 2783 for a period of three years from the effective date of this Agreement. During the period of three to five years from the effective date of this Agreement, the unit fee for traffic shall increase cumulatively by a percentage equal to the average percentage of increase in the Consumer Price Index for West Urban Consumers for the preceding 5 years. This increase shall be effective annually beginning on the third year from the effective date of this Agreement Beginning five years from the effective date of this Agreement, the Developer shall pay the impact fee for traffic that is effective at the time a building permit is issued in lieu of the unit fees. The Developer should pay a proportional part of the Master Traffic Impact Analysis and should not be given any credits to the any impact fees addressed by the Master Traffic Impact Analysis. (e) Drainage and Flood Control Developer shall be subject to impact fees for drainage and flood control and shall pay said impact fees at the rate adopted by County in compliance with all local, state and federal laws, and any future adjustments thereto. Developer may deduct or otherwise apply a credit towards any impact fees addressed by an approved drainage plan. Upon final adoption of the impact fees, Developer shall be credited for any overpayment of impact fees or shall pay the balanc e of any under payment of impact fees. In assessing such impact fees, the Developer shall be given credits for any drainage and flood control improvements it provides under the terms of the agreement that are a part of County’s capital improvement plan as adopted, Developer remain s subject, however, to impact fees for drainage and flood control that are adopted by County at the time any building permit is requested by Developer in connection with the Planned Community. The Developer should be required to install drainage and flood control before any houses are built. Pahrurnp has experienced flooding and then drainage and flood control has been installed after the fact. Is this development in the flood plain? if so, the roads shall be above the flood plain and then the houses two foot above the roads. The County has recently taken over the maintenance of roads in a subdivision where all of the roads are below the flood plain and the houses are 3 to 4 feet above the road. if there is a flood, boats will be required for transportation in and out of that subdivision. CONCLUSION: The Private Well Owner beseeches the B0CC to not approve Bill No. 2016-1 1. The Bill is not in the best interest of the Public. Than John Bosta, Acting President Private Well Owners Coop. QtII(i3 _rt_v\ Statement of Dwight Lilly, Pahrump resident. I would like this written comment to be made a part of ther minutes in it’s entirety. I was wondering whether each commissioner present has visted this site? I have, I live in the Soouth end of Pahrump and I’m dependent on Homestead, a deteriating major arterial that is only two lanes. This is our main roadway. The following are my concerns and I would like for the commissioners to address each one. 1. 4.6 of the agreement is a big red flag to me, and should be to the commissioners and fellow taxpayers: 4.6 Maintenance of Public and Common Areas. (a) County hereby agrees that, except for any landscaped areas and landscape appurtenances located inside the public right-of-way, all of the dedicated public roadways, and curbs and street lights which are within or adjacent to the Planned Community will be maintained by the County as required by law. All landscaping within the public rights- of-way within or adjacent to the Planned 1 Community shall be privateLy maintained by HOA in accordance with NRS Chapter 116 requirements providing certain standards and regulations relating to, but not limited to, reserve accounts and liability insurance. Appropriate encroachment agreements shall be entered for all such landscaping. Note: The added expense to taxpayers in maintaining the adjacent roads including Homestead, far exceeds the impact fees addressed in this agreement. Homestead is a rapidly deteriating arterial roadway serving those of us in the South end of Pahrump. How many of you commissioners have visted the property and noted the fact this will be a traffic and maintenance iassue. There is no current plan to widen Homestead to four lanes, yet this development would pout thousands of potential new daily trips to the road. Nye county has stated it lacks the funds to widen Homestead Rd.. How much impact with this have on the deteriating roadways? Are these added maintenance costs addressed? I don’t see them being addressed adequately in this agreement. What about public safety? I don’t see any traffic control signals or so forth? who would pay for these? 2 The agreement fails as far as I can tell, the requirements related to the developer forfeiting water rights, and allocation of water rights as is the current practice. This agreement does not appear to have the language to meeting that requirement. All it says is the developer has adequate certificated water rights. How many acre feet does the developer have? Does it cover the amount needed a sper current practice? If I’m correct, the developer is supposed to reluinquish 2acre feets of water for each site, possible more and then also relinquish additional water rights to service each housing site. Sewer. What company will be providing sewer services and are the sewer line sizes adequate to handle the sewage? Is the size of the trunk line and proposed sewer lines in the development adequate? None of this is disclosed. Do the commissioners have those numbers? Flood control, the county and town has a plan in place, much of the area this development intends to occupy is in a flood plane. I don’t see anywhere the listed elevations of each lot and whether the homes would be above the 100 year flood plane. The impact fees per home. Where did these fees originate? Are you guaranteeing that the impact of this development is revenue neutral for existing county taxpayers? Was the Tischler Report 3 deficiencies covered or will this development as the report stated, cost the county and thus the taxpayers in asdded burden. I believe a developer has a responsibility to pay their fair share, not stick me and other taxpayers with the costs. Under the Tischler Report, no new development would be revenue neutral. Therefore I believe the county has a responsibility to include adequate impact fees tovercome these deficiencies. In conclusion, I’m concerned that this development agreement relies in dated data that does not meet the new challenges Pahrump and Nye county face. This is a different time than when this agreement was originally entered. This agreeemtn is in fact a NEW developemtn agreemnt as the old one expired. This an all old agreements that a developer wished to re-apply for, need to meet the infrastructure and impact responsibilities so that existing taxpayers are not negatively impacted. Sincerely, Dwight Lilly 1891 Las Casitas St. Pahrump, Nv. $9048 4