November 14, 2016

Commissioner Schinhofen

noted the passing of Robert Revert, a former County Commissioner. Also, the Wall Street Journal had a story entitled “Harry Reid and The Horse He Rode In On,” which was a good article.

Commissioner Borasky

said there would be a whole bunch of people in town starting tomorrow from NACO. He wanted everyone to welcome them to the community for the annual NACO event being held in Pahrump this year from Tuesday through Thursday.

Commissioner Borasky

mentioned NACO again and asked everyone to welcome them to the community and the County. Regarding the water pressure in County buildings, Commissioner Carbone asked staff to help him figure out where the issue was, the utility or a well. November 14, 2016 6. Commissioners’/Manaqer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d. Pam Webster said absolutely and pointed out there were ongoing issues all around the courthouse and ancillary buildings. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

Commissioner Wichman

commented the road in the middle of Manhattan was featured in the NACO weekly publication.

Commissioner Cox

asked if there were any future plans for the intersections of Industrial and Highway 160 and Commercial and Highway 160 as they were getting really rutted.

Mr. Carlo

advised not at this time, but some impacts had been collected. Regarding the redesign of the roundabouts, Commissioner Borasky asked Mr. Carlo if he had talked with NDOT about trying to divert farther up Highway 372 because of the delays and all the truck traffic tearing up the small roads.

Mr. Carlo

said he had initiated some discussion but had not gotten good results back.

Commissioner Carbone

asked about the plan for the sign at Leslie and Highway 372 since NDOT was not cooperating with the County.

Mr. Carlo

advised he met with them on October 27, 2016. They went back and forth on who was responsible and he would update the Board as soon as he knew mote. He noted the cost to the County would be minimal to replace it as Public Works had a sign shop and Mr. Carlo could install it. He then advised he spent all morning trying to adjust times on Homestead and Winery to help traffic move through that intersection.

Commissioner Carbone

mentioned the striping talked about by Richard Goldstein and asked Mr. Carlo to get with N DOT.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. November 14, 2016 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Schinhofen

made a motion to approve items 22-25; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

made a motion to approve items 22-25; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

made a motion to approve items 22-25; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

made a motion to approve items 22-25; seconded by

Commissioner Wichman

; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 16. For Possible Action Discussion and deliberation to appoint five (5) members to the Pah rump Veterans Memorial Advisory Committee due to five (5) terms expiring.

Commissioner Carbone

made a motion to reappoint Carl Jones, Kathy Girard, Beverly Baker, Kenneth Hoskins and Alice Glover; seconded by Commissioner Schinhofen; 5 yeas. 17. For Possible Action Discussion and deliberation to appoint four (4) members to the Pahrump Arena Advisory Committee due to four (4) terms expiring.

Commissioner Schinhofen

made a motion based on staff recommendation to appoint Steve Pastorelli, William Sutton, Robert Tibbits and Loyce Seastrunk; seconded by

Commissioner Borasky

; 5 yeas November 14, 2016 18. For Possible Action Discussion and deliberation to approve the Pahrump Ambulance Fund bad debt expense write offs for the period of July 2016 thru September 2016, subject to further collection efforts and accounting adiustments.

Commissioner Schinhofen

made a motion to approve subject to further collection efforts; seconded by Commissioner Wichman; 5 yeas. In response to Commissioner Carbone, Pam Webster explained staff was in the middle of evaluating the software package that came up short and was not in compliance with the State’s requirement. They had not come up with a solution for that, but it had an impact on her analysis as it would be a costly software package. CLERK

Commissioner Schinhofen

thanked Mrs. Merlino, her staff and the volunteers for the great job.

Commissioner Schinhofen

made a motion to accept the canvass of the votes; seconded by Commissioner Wichman; 5 yeas.

Commissioner Wichman

made a motion to appoint Anne Vineyard, Nancy Sollinger and Steve Barr; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Wichman

amended her motion to give Steve Barr the term starting January, 2016; Commissioner Schinhofen amended his second; 5 yeas. Commissioners Borasky and Cox were not present. November 14, 2016 TIMED ITEMS 7. 10:45 For Possible Action Continued Public Hearing, discussion, and - — deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2016-07: A Bill proposing to amend Title 9 of the Nye County Code, titled Public Peace and Morals and Welfare, Chapter 9.20, Title Prostitution; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Carbone

said he would like to close the public hearing as the item was not prepared. Staff would determine when the item would be brought up again.

Commissioner Schinhofen

made a motion to close the public hearing and have staff bring back a clean copy and re-notice; seconded by Commissioner Wichman; 4 yeas. COUNTY MANAGER

Commissioner Schinhofen

explained this was an annual thing that funded the State Engineer’s Office.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted no. FINANCE

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. PLANNINGIBUILDING

Commissioner Borasky

did not believe the Board could waive dust requirements as those were federal regulations and he would not feel comfortable doing that.

Commissioner Schinhofen

made a motion to waive the Public Works portion, waive the parking area but not the drive aisles, and they must do ADA parking; seconded by

Commissioner Wichman

. Dave Richards from Civilwise Services, representing the applicant, pointed out they were not asking for a permanent waiver. All things would be addressed when they got November 14, 2016 33. For Possible Action Discussion and deliberation regarding a request to waive the requirements to submit a Traffic Study and Drainage Study, and waive the requirement to provide paved surfacing for new parking lot and driveways as required per Nye County Code Chapter 15.28 the Dust Control Regulations within the Pahrump Regional Planning District, for the Front Sight Firearms Training Facility Phase Ill Gun Range. Assessor Parcel #045-481-05. Front Sight Management. Inc. Property OwnerlApplicant. Civilwise Services. Inc. Agent. Cont’d. into the main development and they were just trying to get to the point to get the phase III gun ranges in operation.

Commissioner Schinhofen

said that was the intent of his motion.

Mr. Richards

asked for clarification of drive aisles.

Commissioner Schinhofen

said it was as Mr. Lacy had laid it out.

Mr. Lacy

explained he was looking for the primary drive aisle along the shooting ranges, not every drive aisles.

Commissioner Wichman

asked if that meant with that drive aisle paved there was ADA access.

Mr. Lacy

said a few parking areas would have to be ADA access as long as there was proper striping and access into the facility itself.

Commissioner Carbone

opened the public hearing. Darrell Lacy said the County’s development standards for commercial and industrial development had been in place since 2007. One of the areas that had always been confusing was the requirement for existing businesses that were undergoing minor changes and the identification of what waivers or relief from the new construction November 14, 2016 8. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: 1) - — Adopt, amend and adopt, or reiect Nye County Bill No. 2016-13-Cont’d. development standards they would have. The document now contained better definitions of Category II and Category Ill types of developments that would be able to receive relief from the full standards required under Category I.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

made a motion to adopt with an effective date of December 5,2016; seconded by Commissioner Wichman; 5 yeas. 9. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: 1) - — Adopt, amend and adopt, or reject Nye County Bill No. 2016-15: A Bill proposing to modify the Development Agreement between Nye County and Wilson Capital Nevada, LLC for the Pine Lakes Estates development; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date. Darrell Lacy advised one change he would like to make to the agenda item was that staff had no recommendation for this as it was strictly a policy issue for the Board. There were a few issues with utilities and infrastructure available here, but the zoning was such they could come back at any time in the future and ask for this development under the development standards in effect at that time. Mr. Lacy advised they were currently reviewing mobile home, multi-family and high density development standards at the RPC level and saw no reason at staff level to move forward with this.

Commissioner Carbone

opened the public hearing. John Bosta stated this seemed to be a. sleeper project because the APN numbers did not list a mobile home park. It was listed as a commercial piece of property on five acres with no water rights, and there was a 12-acre parcel with one well on it for a single family development. There was also no map or approval on a map for this project. The only thing Mr. Bosta could print out was a color print showing what would be developed and there had not been one shovel of ground moved in five years.

Commissioner Schinhofen

asked Mr. Lacy about how the development agreement never got to recorded maps.

Mr. Lacy

advised there were no final recorded maps, just a bare piece of land with a mixed use zoning. Darren Pappa from Megacon, representing Wilson Capital, said they were just looking to get an extension of time on the development agreement.

Commissioner Carbone

closed the public hearing. November 14, 2016 9. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: 1) - — Adopt, amend and adopt, or relect Nye County Bill No. 201 6-15-Cont’d.

Commissioner Carbone

made a motion to reject Bill No. 2016-15 on the grounds this project had been going on for five years, would probably go on for another five years, still had issues with sewer and water lines, and he did not think this place would ever happen; seconded by Commissioner Borasky.

Commissioner Cox

advised one of the partners involved in Wilson Capital Nevada contributed to her campaign, but that would not reflect one way or the other on her vote.

Mr. Pappa

acknowledged his background with the project was limited, but he knew that plans had been prepared with the intent of building this project and Public Works had a lot of the documents on file so there had been money put forward to develop the site. Then the economy tanked and there was also some litigation with the project which tied it up for the last year or so. Mr. Pappa stated this developer put money up front with the intent of developing it and really wanted to extend the development agreement to keep it in place and build the project.

Commissioner Schinhofen

advised Mr. Pappa that if this got voted down that would not preclude him from bringing a new development agreement.

Mr. Lacy

commented that what they were trying to do could be done with a CUP without a development agreement as it was a bare piece of land until the final maps were done.

Commissioner Schinhofen

noted this project had a substantial amount of infrastructure already in the ground and that Planning and Public Works said that was enough to cover the subdivision improvement agreement.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Wichman; 5 yeas. November 14, 2016 TIMED ITEMS-Cont’d. 10. 11:00 For Possible Action Public Hearing, discussion, and deliberation - — to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2016-17: 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 matters properly relating thereto; and 2) Set an effective date.

Commissioner Carbone

opened the public hearing.

Commissioner Schinhofen

was not present. Darrell Lacy stated there was an amended agreement that needed to be accept ed by the Board for additional back-up.

Commissioner Wichman

made a motion to accept additional information as long as the Commissioners had enough time to go read it; seconded by Commissioner Cox; 4 yeas.

Commissioner Schinhofen

was present. Mark Fiorentino, Tony Celeste and Jeff Lesnik were present collectively represe nting Beazer Homes. Mr. Fiorentino reviewed the following proposed changes made to the agreement since the prior discussion: • Beazer agreed they would live up to any changes made concerning water restrictions, regulations and use as they went forward. • Beazer would not object to transferring certain rights to the County for its use in some of its public facilities. • Regarding issues relating to turn lanes at Manse and Homestead, Public Works had instead asked Beazer to frontload their contribution pertaining to roadwa y improvements because they thought they would put together a project to take care of those improvements. Beazer would pay it no later than either the end of next year or when the contract was bid out. • Beazer agreed to make additional contributions for the capital needs of the Sheriff and the fire department at certain permit thresholds. • Beazer agreed to pay the per unit fee for both the Sheriff and the fire at the rate existing at the time they pulled the permit. • The agreement would expire when Beazer was done with the project and the last permit was pulled rather than some random date. November 14, 2016 10. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2016-17-Cont’d. • The requirement for Beazer to install landscaping improvements was removed, but at their option if they could install landscaping they would do it to County standards. • A provision was added to help Beazer recoup some of the additional costs and contributions they had agreed to make. The County held a parcel on Highway 160 near this project and the County would let Beazer lease a small portion of that property for a marketing sign for people to find the subdivision. The lease would extend for only five years and Beazer would be requited to conform to the County standards on signs. The agreement also outlined what would happen if the County sold that property.

Commissioner Schinhofen

said he liked that language was included about the developer not being grandfathered in with respect to water use and water conservation efforts that were underway. Angela Bello said there was a lot of red in the agreement which she was sure were just minor clean-ups, but she asked to have in the motion that it was subject to the District Attorney having any issues in a couple of days. John Bosta felt one of the most important things here was that in the original documentation the State Engineer issued a certificate for water allocation for the original project in 2007 of 1.12 acre feet of water for each lot and the developer would give a certificate to each property owner as they bought the property that they would have 1.12 acre feet of water dedicated to that. In 2009 it was amended and the water allocation was reduced to .88. The private utility, Pahrump Utility Company, gave a will serve letter of .616 acre feet of water, which in Mr. Bosta’s opinion was a taking of property without compensation. He asked the developers if they gave a certificate to each property owner as they bought the property as nowhere in any of the agreements was that certificate talked about. He also thought the ordinance was just a rehash of the 2005 agreement so it was grandfathered in and there were no new requirements that he could see.

Commissioner Schinhofen

clarified what he stated was what was in the backup, that none of the conservation issues or water savings issues were grandfathered in.

Mr. Bosta

said the water issue on the certificate of the State Engineer was grandfathered in by not mentioning anything about it. Kenny Bent said when this agreement was first done the provisions for relinquishment of water rights was not in place. He contended there was a play on words between parceling and subdividing and thought in conserving water the biggest issue everyone had in the valley was high density development being detrimental to the water supply in November 14, 2016 10. 11:00 For Possible Action Public Hearing, discussion! and deliberation to: - — 1) Adopt! amend and adopt! or reject Nye County Bill No. 201 6-17-Cont’d. the long run. He had a problem with the fact that there were no relinquishment requirements here but there were for other forms of parceling. Mr. Bent resented the fact that staff prepared this without even negotiating for any relinquishment. Ammie Nelson said the unlimited duration of the agreement made her think about the properties left the last ten years that were not built on and became an eyesore. She suggested puffing something in the agreement that they would keep the lots up if not built in a reasonable period of time. As far as roadway improvements, Ms. Nelson thought maybe if it was so expensive they might consider roundabouts since those were such a money saving venture rather than the lights.

Commissioner Carbone

closed the public hearing and asked if there was any problem with the maintenance of the property.

Mr. Fiorentino

said that would not be an issue for a couple of reasons. It was an entirel y self-contained subdivision with a homeowners’ association (HOA). There was also an obligation for Beazer to report to the Board every couple of years and if someone was not happy with the maintenance they could report that to the Board.

Commissioner Schinhofen

made a motion to adopt the development agreement as presented with the caveat that the District Attorney look it over for any legal inconsistencies and if there were any she could send it back to the Board and just fix typos, otherwise if there were no legal problems it would be approved as such; seconded by Commissioner Wichman.

Commissioner Cox

asked if there was an HOA there now as she was receiving complaints about the area being overgrown with weeds and not being maintained.

Mr. Lesnik

said there was, but there were two issues with that, the company who was supposed to be doing the maintenance as well as a general lack of communication with the residents. They have met with the residents and are addressing those issues.

Commissioner Cox

asked if there would be a problem with relinquishment of water tights for each lot.

Mr. Fiorentino

said he did not mean to be disrespeciful, but he did not think discussions should be had on things that had nothing to do with the development agreement and could not be solved today. He did state they had nothing to relinquish. They dedicated water rights to the utility based on what the State and local requirements were. Additionally, they dedicated rights to the County for public use as well as to the School District, and they had agreed today to dedicate some more, which was the best they could do today under this development agreement. November 14, 2016 10. 1 1:00 For Possible Action Public Hearing, discussion1 and deliberation to: - — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2016-17-Cont’d.

Commissioner Cox

said she was more comfortable with it this time around, but she was still concerned with the high density and the water for the wells. She would like the motion to include something about relinquishment.

Commissioner Carbone

pointed out all water rights had been dedicated to the utility and the utility was the only one who could relinquish some. He had asked the Director of Planning to work on ordinances within the County and the State Engineer to work with the utilities to get relinquishments of water.

Commissioner Schinhofen

amended his motion to set the effective date of December 5, 2016; Commissioner Wichman amended her second.

Ms. Bello

offered a friendly amendment to the motion that the agreement was approved conditioned on the District Attorney submitting no objection to any of the legal language changed by December 1, 2016.

Commissioner Schinhofen

amended his motion to have the District Attorney review done by December 1, 2016; Commissioner Wichman amended her second.

Commissioner Cox

stated there were some people involved in this project that donate d money to her campaign, but that would have no effect on her decision today. Both Commissioners Wichman and Schinhofen acknowledged donations also.

Commissioner Carbone

opened the public hearing. Darrell Lacy said this item had been in front of the Regional Planning Commission (RPC), which made a recommendation to approve with a zoning of neighborhood November 14, 2016 11. 11:00 For Possible Action ZC-201 6-000009: Public hearing, discussion and - — deliberation on a request for a Zone Change application-Cont’d. commercial. The project was slated for a mini-storage on a two acre parcel adjacent to Mountain Falls on Manse Road. As far as time limits on development, other cases have had limits of two or three years to start projects of this type with a zone change of this sort. Mark Genet said he and his wife owned the property and were looking at the roads. The road was widened and there were numerous other commercial properties on the road. They believed this would be an attractive addition to the road and would be an asset for people to find a reasonable option to storage.

Commissioner Carbone

closed the public hearing.

Commissioner Wichman

made a motion based on the RPC recommendation to make the change to neighborhood commercial.

Commissioner Borasky

asked for a friendly amendment to the motion to put a time limit on the construction.

Mr. Lacy’s

recommendation was to start construction in two years.

Commissioner Wichman

amended her motion to start construction in two years; seconded by Commissioner Borasky; 5 yeas. 12.11:00 For Possible Action —ZC-2016-000010: Public hearing, discussion and deliberation on a request for a Zone Change application to change approximately 1.66 acres (total) from the Rural Estates (RE-I) Zoning District to the General Commercial (GC) Zoning District, located at 631 S. Linda Street (Champions Bar & Grill) and 691 S. Linda Street, further described as Cal Vegas Ranchos Unit B, Parcels 12 & 13. Barry E. Tassler— Property OwnerlApplicant. AP#’s 036-342-05 & -04. Darrell Lacy confirmed for Commissioner Carbone that this was just to extend the parking lot.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

made a motion based on staff recommendation and Planning to approve; seconded by Commissioner Cox; 5 yeas.

Ms. Bello

stated the NRS was incorporated so the speed limits were valid. Dwight Lilly said he was glad the Board had a hearing on the development so the public was mote aware of what was going on, but he was concerned that several years had been spent developing a water plan for the community to eliminate the over- appropriation of water in the area and that was not happening with the agreement just approved. To him that said a person with a well was less important than a development. Additionally, Mr. Lilly knew the District Attorney had determined the NRS overrode the speed limits and suggested the Commissioners pass an ordinance that set the speed limit signs exactly as they were or they could be taken down in the future.

Commissioner Schinhofen

stated his support of the rights of people to protest, but he was against the violence occurring around the country in the name of democracy.

Commissioner Carbone

adjourned the meeting. APPROVEDthis /7 day ATTEST: Of ,201.6. C. (‘ Th Ch Ny Couhty Clerk I Deputy s: ___, £?-\ LV3 rr Li LJ J w. Cl % _w% / ‘LL LTh-r 1t<#’( UJfr-(/.- i&1j:, I4A /‘f— /5 tIs Nd Aa Ap o - %se 4go /9 J(fW3 AX i)3 %AA LI(I VdCtL &f 1LL rnC N da%’ / 4 t-r ü’ /rtd /flkife Irt i /Sern/ -i S&yiC tjJ1 I%ipLr %1d7’& 1411 LL L)( R H C) cm( (,,— Tf ( JAh 4L GRAflBC CAi!