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Public meetings / Board of County Commissioners

January 17, 2017

116 turns, 116 with a named speaker, under 17 agenda items. The words and the names are the county clerk's.

Marking Valley Electric. Clear

Attendance

Commissioner Chambers

, 2100 E. Walt Williams Drive, Pahrump, Nevada 89048. Dan Schinhofen, Chair John Koenig, Vice Chair Lorinda Wichman, Commissioner Butch Borasky, Commissioner Donna Cox, Commissioner Sandra L. Merlino, Ex-Officio Clerk of the Board Angela Bello, District Attorney Sharon Wehrly, Sheriff Pam Webster, County Manager Also present: Lorina Dellinger, Assistant County Manager; Kelly Sidman, Deputy Clerk; Savannah Rucker, Comptroller; Tim Sutton, Deputy District Attorney Not Present: Angela Bello, District Attorney; Sharon Wehrly, Sheriff

Commissioner Cox

was present via telephone.

3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will

Commissioner Schinhofen

advised each person would be limited to two minutes. Wade Hinden suggested next time there was an event at the Bob Ruud Center that a Commissioner or the District Attorney have a key to the thermostat as it was about 50 degrees during the last meeting there. January 17, 2017 3. GENERAL PUBLIC COMMENT (Three-minute time limit per personi Action will not be taken on the matters considered during this period until specifically included on an aaenda as an action item ffirst).-Cont’d. Dwight Lilly announced that based upon the conversation that a lot of them had at the Donuts with the DA he was organizing a get together of people who say they have evidence of corruption and complaints against the Sheriffs Office. He told them to bring their evidence to the meeting as there would be lawyers there to look at it and discuss how to rectify any problems. Mr. Lilly said the meeting would be either January 26, 2017, or the first Saturday in February at the public library. Richard Goldstein, appearing on behalf of Boy Scout Troop 651, said this past Saturday they held a Court of Honor for Cole Goodman, who became their fourteenth Eagle Scout. Mr. Goldstein thanked everyone for their support. John Erbe, resident taxpayer of Pahrump, read a statement regarding the house he and his wife purchased in 2009 in the Richiand Estates Subdivision [attached]. He described how the homes were built on expansive and collapsible soil with inadequate slab preparation. This had allowed rain water to flow under the slab causing soil expansion. That expansion and settling had resulted in the interior and external walls of the Erbes home to split open. The ceilings were also at risk of falling. The homeowners insurance had declined coverage due to the soils exclusion. Mr. Erbe wondered who should be held accountable.

Commissioner Schinhofen

asked Mr. Erbe to turn his statement into the Clerk. He said the Board had heard about this before and he understood there was litigation.

Mr. Erbe

charged the Board of County Commissioners today and submitted for the record that the Nye County Commissioners require and enforce stringent bonding, inspections, and insurance that required soils seclusion coverage before awarding building permits to construction firms. John Bosta asked why staff was forwarding information to the legislative study group and the Legislature for BDR5 on a groundwater management plan that was never approved by the Board or the Water District. John Pawlak, speaking as a private citizen, said the second annual social sciences services fair would be on Wednesday, January 18, 2017, from 10:00 a.m. to 2:00 p.m. at the Pahrump Nugget. Regarding the Southern Nye County Conversation District, Mr. Pawlak said he sent an e-mail to the Board advising that the U.S. Department of Agriculture Natural Resource Conservation Services would have a meeting on January 27, 2017, at 10:00 a.m. at the Bob Ruud Community Center, Room A, on technical and financial assistance on improving one’s land and public resources. Also, the district would offer a $500.00 scholarship for the 16/17 school year. It was open to all applicants interested in environmental sciences, biology and geology. Applications should be emailed to donnalamm1949(yahoo.com by May 1, 2017. January 17, 2017 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. Joe Markley proposed a one cent per gallon tax on all companies that pumped water out of the valley and sold it. The money could be earmarked for road improvements. Also, there was a rumor going around about radioactive waste in the landfill and Mr. Markley would like someone to look into that.

Commissioner Schinhofen

said he would be happy to meet with Mr. Markley and talk about that. Merrilee Spoor said she was at the arena watching the bull riding practice. She walked down to use the restrooms and found they were locked. She asked for a port-a-potty or a gate closet to the stands and to have someone make sure the bathrooms were open on the weekend. Diane Southworth spoke about the airports. She knew it was a town project, not a County one, and that working with the BLM was almost impossible, but she would still like to see about getting some grants from Homeland Security as they would like to have an airport out here in case there was a problem in Las Vegas. It could also be used for fire as right now they were reloading in California and New Mexico when there was a fire out here. She thought it would be a good project and put some people to work, which would be good for the town.

4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye

Commissioner Wichman

said on page 3 of the December 6, 2016, meeting the request came from the new Mineral County Commissioner, not White Pine County.

Commissioner Wichman

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

5. Announcements (first)

Commissioner Schinhofen

commented a pillar of the community was lost last week and would be missed. January 17, 2017 Jim Wulfenstein thanked the Commission for recognizing his father. On behalf of the family he said they were grateful for the outpouring of love and support from the community. The service would be Saturday at 1:30 p.m. at the Mormon Church on Wilson Road. Robert Adams read a news release from the University of Nevada Cooperative Extension regarding range camp applications. Applications must be submitted by April 28, 2017.

Commissioner Borasky

advised Secretary of State Barbara Cegavske would be in Pahrump Friday from 10:00 am. to 11:00 a.m. in chambers to speak with the public about matters regarding her office and what she did.

Commissioner Koenig

said on January 19, 2017, at 4:00 p.m. the Veterans Memorial Committee would meet at the Bob Ruud Center. Also, on January 25, 2017, there would be a goodbye Susan Holecheck party at the Coalition starting around noon.

20. 10:15 Presentation of certificate of recognition to Valley Electric Association,

Commissioner Schinhofen

would like an item brought forward to have all the MMEs renewed on July 1 prorated as applicable. He would also like the fees brought back that they remain the same and renewals did not get cut in half. He then asked for the status at the next meeting of the inspections that were being done to make sure they were all up on their security plans. 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.

23. For Possible Action — Approval of Elected Official Collection Report

Commissioner Wichman

made a motion to approve items 23-27; seconded by

Commissioner Borasky

; 5 yeas.

24. For Possible Action Approval to set the date and location of the second

Commissioner Wichman

made a motion to approve items 23-27; seconded by

Commissioner Borasky

; 5 yeas.

25. For Possible Action Approval to adopt Nye County Resolution No. 201 7-04:

Commissioner Wichman

made a motion to approve items 23-27; seconded by

Commissioner Borasky

; 5 yeas.

26. For Possible Action Approval to adopt Nye County Resolution No. 201 7-05:

Commissioner Wichman

made a motion to approve items 23-27; seconded by

Commissioner Borasky

; 5 yeas. January 17, 2017

27. For Possible Action Approval to: 1) accept the grant award from the Nevada

Commissioner Wichman

made a motion to approve items 23-27; seconded by

Commissioner Borasky

; 5 yeas. PLANNINGIBUILDING

41. For Possible Action Discussion and deliberation regarding a request to: 1)

Commissioner Wichman

made a motion to set the date, time and location as February 21, 2017, at 11:00 a.m. in Pahrump; seconded by Commissioner Borasky; 5 yeas.

Commissioner Koenig

read the title of the bill into the record.

42. For Possible Action Discussion and deliberation regarding a request to: 1)

Commissioner Wichman

made a motion to set the date, time and location as February 21, 2017, at 11:00 a.m. in Pahrump; seconded by Commissioner Borasky; 5 yeas.

Commissioner Koenig

read the titleof the bill into the record. TIMED ITEMS-Cont’d. 9. 10:30 For Possible Action Public Hearing, discussion and deliberation to - — approve a modification to the Nye County Law Enforcement Association Agreement by approving the modified Exhibit C titled Pay Scale.

Commissioner Schinhofen

was confused as to why this was back.

Commissioner Wichman

thought it was just an error. January 17, 2017 9. 10:30 For Possible Action Public Hearing, discussion and deliberation to - — approve a modification to the Nye County Law Enforcement Association Agreement by approving the modified Exhibit C titled Pay Scale.-Cont’d. Danelle Shamrell, Human Resources Manager, explained it was an oversight. The rate for the trainee was left off the pay scale and needed to be put on.

Commissioner Wichman

made a motion to amend as pointed out by staff; seconded by

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Koenig

made a motion to appoint James Horton, Karen Spalding and Alice Eychaner; seconded by Commissioner Borasky; 5 yeas. 22. For Possible Action Discussion and deliberation to approve a location for the placement of a plague at Petrack Park in memory of Carol Woner.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Koenig.

Commissioner Borasky

asked Matt Luis if he had heard the comment about the bathrooms at the rodeo grounds.

Mr. Luis

said he had and explained they were closed because of vandalism January 17, 2017 BOARD OF COMMISSIONERS 28. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 29. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 30. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 31. For Possible Action Discussion regarding Commissioner Liaison I Representative positions. The list was in the back-up. HIR AND RISK MANAGEMENT 35. For Possible Action Discussion and deliberation to fill a vacant Account Clerk I Position #04001-002 in the Assessor’s Office effective February 5, 2017 due to the employee being promoted effective November 7, 2016.

Commissioner Cox

was not present.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Borasky

asked if this would be in house only. Sheree Stringer, Assessor, said no and it would be posted publicly.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig. Danelle Shamrell advised there was concern if this was delayed until April as there was a huge amount of work this position did in the B&G Department. The desire was to not have to wait to fill it. Pam Webster said she would bring forward an item on the next agenda to limit the number of 90 freezes to one per department when people in that department moved into other positions so it was not compounding. However, the reason for waiving it with B&G is they have been hit with workers’ comp issues and other people out, as well as a promotion internally, so this was critical to continuing.

Commissioner Wichman

amended her motion to waive the 90 days; Commissioner Koenig amended his second; 4 yeas. 37. For Possible Action Discussion and deliberation to fill a vacant Deputy

Sheriff Position

#85010-066 in the Sheriff’s Office effective April 9, 2017 due to the employee resigning October 23, 2016.

Commissioner Koenig

made a motion to fill the vacant deputy position and waive the 90 day freeze.

Commissioner Koenig

referred back to his earlier comments about filling the positions with overtime which did not result in any savings.

Commissioner Wichman

seconded the motion to fill the vacant deputy position and waive the 90 days; 4 yeas. COUNTY MANAGER 33. For Possible Action Discussion and deliberation regarding the operating hours of the Planning and Building and Safety Offices in Pahrump. Pam Webster explained the four 10-hour days was originally set with a projection of a cost savings, but that costs savings had not been achieved. In discussing that with the departments Building and Safety offered to come in Fridays for appointments and inspections that were required on an interim basis

Commissioner Borasky

so moved; seconded by Commissioner Wichman. January 17, 2017 33. For Possible Action Discussion and deliberation regarding the operating hours of the Planning and Building and Safety Offices in Pahrump.-Cont’d.

Commissioner Koenig

pointed out that covered Building and Safety, but it did nothing to Planning.

Mrs. Webster

said that was correct, unless the four tens were staggered.

Commissioner Koenig

stated his suggestion was that two people work Monday and two people work Friday so it was open five days a week. He said in discussions with people over there they were amenable to that.

Commissioner Borasky

said a number of contractors contacted him about this issue. They were going to put a petition together and send it to the Commissioners so they could be aware of the number of incidences and number of contractors.

Commissioner Wichman

withdrew her second until she was clear on the motion.

Commissioner Borasky

did not think Planning was an issue. It was getting inspections. He said everyone knew the housing industry was going into a boom again and he thought the County should at least like to accommodate the people that were out there doing the work. He thought being open on Mondays and Fridays would suffice.

Commissioner Wichman

seconded Commissioner Borasky’s motion as it was for Building and Safety. She asked Commissioner Koenig if he was asking for other changes in Planning.

Commissioner Koenig

said if there were no problems then it could stay the way it was, but if there were more complaints then it would have to be revisited.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky. January 17, 2017 38. For Possible Action Medical Marijuana Establishment License Annual Renewal Application MM-2016-000032-Cont’d. Darrell Lacy, Planning Director, said this group was late and paid a penalty for late filing on their renewal. They were also suspended by the State for a period of time. He advised they had now had their license reinstated and were currently operating legally.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig. Darrell Lacy advised they were fully compliant.

43. For Possible Action Offer of Dedication OD-2016-000004 pursuant to Nye

Commissioner Wichman

made a motion to accept the offer of dedication and designate them as minor County roads with the maintenance responsibility rejected; seconded by

Commissioner Koenig

. Larry Hennigh asked if that meant he needed to maintain the roads.

Commissioner Wichman

explained a minor County toad was maintained by the user, not the County. January 17, 2017 43. For Possible Action Offer of Dedication OD-2016-000004 pursuant to Nye County Resolution No. 201 7-02-Cont’d.

Mr. Hennigh

asked if he would be liable.

Commissioner Wichman

said no. They were designated as public roads, but they were minor public toads so there was no maintenance routine.

44. For Possible Action Discussion and deliberation to adopt, amend and adopt,

Commissioner Schinhofen

said he had asked that the Capital Improvement Board be redone to knock it down from 15 to seven and make it the same as the RPC board.

Commissioner Wichman

made a motion to adopt the resolution; seconded by

Commissioner Borasky

asked what would be done with the members that would not be on the board now like the fire chief and the Sheriff.

Commissioner Koenig

said he had requested a letter be sent to all of them thanking them for their time and explaining what the Board did.

Commissioner Koenig

noted the need to amend the RPC charter to include teal estate, building and industry development. Tim Sutton said his office could take care of that. January 17, 2017 TIMED ITEMS-Cont’d. 10. 10:45 For Possible Action Public Hearing on the results of Public Works — — identification and determination of improved roads and streets maintained by Nye County during Calendar Year 2016 for the purposes of compliance with Nevada Revised Statutes Chapter 365.550 with respect to Proceeds of Tax Levied pursuant to NRS 365.180; and other matters properly related thereto. Tim Carlo explained this was their annual reporting to the State for the County’s centerline miles of road maintained. It fluctuated every year and had gone up some 30 miles from last year.

Commissioner Wichman

made a motion to accept; seconded by Commissioner Koenig.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 17. For Possible Action — General road report by Public Works Director Tim Carlo said weather had been keeping them busy. He had nothing to add to the report. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. January 17, 2017 PLANNING!BUILDING-Cont’d. 40. For Possible Action: 40a. For Possible Action Final Subdivision Map: Discussion and deliberation on a request for approval of the final residential subdivision map for Spring Mountain Estates, consisting of seventy-seven (77) residential lots, five (5) common lots and one (1) open space lot, located within Sections 33 and 34, Township 20 South! Range 54 East M.D.B. & M., Town of Pahrump, Nye County, State of Nevada, AP#’s 027-741-12 and 027-741-16. Spring Mountain Raceway, LLC Property Owner. Double M Construction I Russ Meads Applicant I Agent. 40b. For Possible Action New Street Names Application SN-2016-000008: Discussion and deliberation on a request to approve Street Names for new streets for Spring Mountain Estates. Spring Mountain Raceway, LLC Property Owner. Double M Construction I Russ Meads Applicant I Agent. 40c. For Possible Action Subdivision Improvement Agreement IA-2016-000010: Discussion and deliberation on a request for approval of a subdivision improvement agreement (SIA) for Spring Mountain Estates residential subdivision. Spring Mountain Raceway, LLC Property Owner. Double M Construction I Russ Meads Applicant I Agent.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman. Darrell Lacy pointed out that item 40b was street names, which was normally done as part of the tentative map process at the RPC. That was missed so it was included here. Tim Sutton advised that should not be a problem as long as the names were compliant with existing guidelines.

Commissioner Schinhofen

said this was pulled as the applicant went to another pit. January 17, 2017 16.11:00 For Possible Action —VW-2017-000037: Public hearing, discussion and deliberation on a request to waive the requirements of Nye County Code Title 17, Chapter 17.04-Cont’d.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Schinhofen

confirmed with Tim Sutton that all the Board was hearing today was the appeal on the 130 dogs and all the Commissioners could talk about was the dogs.

Commissioner Wichman

also clarified the Board could only talk about the decision of the RPC and what was brought before them. The Board could not consider additional information.

Commissioner Borasky

made a motion based on staff recommendation finding the RPC’s decision was proper to affirm the Pahrump Regional Planning Commission’s decision to deny the modification to Conditional Use Permit CU-10-0013; seconded by

Commissioner Schinhofen

opened the public hearing. Vasili Platunov was present. Attorney Chris Alderman, representing Mr. Platunov, said originally they were going to request a continuance on this as Mr. Platunov had come up with some information that it may be a grandfathered use. January 17, 2017 13. 1 1:00 For Possible Action AP-2016-000008: Public hearing, discussion and — — deliberation on an Appeal of the Pahrump Regional Planning Commission’s denial of a request to modify the conditions of approval of CU-I 0-0013-Cont’d.

Commissioner Schinhofen

advised Attorney Alderman the Board could not accept any information at this time. Belinda Hendrickson, the president and owner of the Pah rump Humane Society and the German Shepherd Rescue, said she was totally against what essentially was a puppy mill. In October, 2015, he was told to reduce or remove, but he had not been under 100 dogs according to Animal Control since then. She thanked the Board for upholding this, but thought the County would end up taking the dogs. Ms. Hendrickson offered her assistance when that happened.

Commissioner Schinhofen

closed the public hearing.

Commissioner Koenig

asked the District Attorney to bring back at the next meeting a legal remedy for removal of the dogs. 14. 11:00 For Possible Action AP-2016-000009: Public hearing, discussion and — — deliberation on an Appeal of the Pahrump Regional Planning Commission’s denial of a Conditional Use Permit (CUP) application to allow the restoration of a grandfathered use of land (recreational vehicle trailer as a permanent residence) which has been operationally abandoned or discontinued for a period of six (6) consecutive months or more, on a 1.0 acre parcel zoned Rural Estates Residential (RE-i), where recreational vehicles are allowed only as temporary residential uses, located at 1610 W. Irons Street, further described as Cal Vegas Ranchos Unit F, lot 289. Edward J. Schuler Property OwnerlApplicantlAppellant. AP# 036- 291-21.

Commissioner Borasky

made a motion to affirm the decision of the Pahrump Regional Planning Commission by denying Conditional Use Permit application CU-2016-000023; seconded by Commissioner Koenig.

Commissioner Schinhofen

opened the public hearing. Edward Schuler asked for a postponement, extension of time or a continuance for 60 days. Dwight Lilly thought one of the issues in Pahrump was finding housing for people who were having a tough time staying off the street. He hoped the Board would look at January 17, 2017 14.11:00— For Possible Action AP-2016-000009: Public hearing, discussion and deliberation on an Appeal of the Pahrump Regional Planning Commission’s denial of a Conditional Use Permit (CUP) application to allow the restoration of a grandfathered use of land (recreational vehicle trailer as a permanent residence) Cont’d. these types of issues with a thought to the homeless people and people struggling to make it who could not afford a mobile home.

Commissioner Wichman

pointed out again that the Board was not looking at the decision today. They were looking at whether the RPC made their decisions correctly.

Mr. Schuler

thought the RPC should have given greater weight to the local neighborhood rather than the master plan as there was no objection to what he wanted to do.

Commissioner Schinhofen

said in the PRPD there were certain rules, guidelines, and laws and the Board believed the RPC upheld those laws and made the correct decision.

Mr. Schuler

stated their finding was it was not harmonious to the surrounding area, which was not true. That was why he asked for a postponement so he could find a trailer in compliance.

Commissioner Schinhofen

closed the public hearing. 15. 11:00 For Possible Action AP-201 6-000010: Public hearing, discussion and — — deliberation on an Appeal of the Pahrump Regional Planning Commission’s decision to deny Conditional Use Permit Application CU-2016-000024 to allow a Child Care Facility within the Village Residential (VR-8) zoning district and Waiver WV-2016-000033 from NCC 17.04.700.A.lOa, a requirement for a paved circular driveway located a minimum of 30-feet from the entrance of the facility. On property located at 1230 S. Yosemite Avenue, Pahrump, further known as Calvada Valley Unit 7, Block 3, Lot 10. Jacqueline Lawson Property OwnerlApplicant & Appellant. AP# 039-572-21. Darrell Lacy explained the RPC denied the Conditional Use Permit for a child care facility in a residential neighborhood in a manufactured home. He advised if they did move forward, since this was a commercial activity they would have to go through site development and there were significant challenges with putting a commercial business in a residential double-wide mobile home.

Commissioner Borasky

made a motion to reverse the decision of the Pahrump Regional Planning Commission and approve Conditional Use Permit 2016-000024 to allow for January 17, 2017 15. 11:00 For Possible Action AP-2016-000010: Public hearing, discussion and — — deliberation on an Appeal of the Pahrump Regional Planning Commission’s decision to deny Conditional Use Permit Application CU-2016-000024-Cont’d. child care with the following stipulations: subject to all standard and special conditions of approval, improve the drop off area including a sidewalk to the front door and limit the number of children to 20, and ask that the owners encourage the parents to bring their children in and out via Highway 372 and not annoy the neighbors on the other side; seconded by Commissioner Koenig.

Commissioner Schinhofen

asked if they had to have a circular drive.

Commissioner Borasky

said there was insufficient room for that which was why he asked to improve the drop off area.

Mr. Lacy

said even with the Board’s approval of this they still had to comply with ADA requirements which would require some improvements to the drop off area as well as ADA access.

Commissioner Schinhofen

opened the public hearing and asked the applicant if she understood she had a lot to do. Jacqueline Lawson said she understood that and would comply with all the conditions. She added she did have a circular driveway, which was not paved, and they were working to get that done within one year. Commissioners Borasky, Koenig and Wichman voted yes on the motion to reverse the decision of the Pahrump Regional Planning Commission and approve Conditional Use Permit 2016-000024 to allow for child care with the following stipulations: subject to all standard and special conditions of approval, improve the drop off area including a sidewalk to the front door and limit the number of children to 20, and ask that the owners encourage the parents to bring their children in and out via Highway 372 and not annoy the neighbors on the other side. Robert Allen said he lived on the street in question. He believed commercial activity should stay in commercial and this would increase the traffic on the street tremendously. Joseph Talbot was concerned about having a commercial enterprise in a residential neighborhood because of the traffic and noise. He had pictures of the property which showed the fencing was a four foot chain link fence, not a concrete block wall as reported. There was also no room for a circular driveway for drop off. Julia Musall understood people not wanting a daycare in a residential area, but she pointed out how in many communities grandparents took care of the children now because there were not enough child care or preschool places. She said 2-Bee Busy January 17, 2017 15. 11:00 For Possible Action AP-2016-000010: Public hearing! discussion and — — deliberation on an Appeal of the Pahrump Regional Planning Commission’s decision to deny Conditional Use Permit Application CU-201 6-000024-Cont’d. Learning was in a residential area on Jaybird. They had a small circular driveway and this same issue came up where neighbors did not want a daycare there because of noise. It was approved and they did an excellent job, and the neighbors finally realized it was not as bad as they believed it would be. All Ms. Musall was asking was to at least give her chance as the community needed this.

Commissioner Schinhofen

closed the public hearing.

Commissioner Schinhofen

voted yes on the motion to reverse the decision of the Pahrump Regional Planning Commission and approve Conditional Use Permit 2016- 000024 to allow for child care with the following stipulations: subject to all standard and special conditions of approval, improve the drop off area including a sidewalk to the front door and limit the number of children to 20, and to ask that the owners encourage the parents to bring their children in and out via Highway 372 and not annoy the neighbors on the other side, resulting in it passing with 4 yeas. Tim Sutton advised that if any of the Commissioners wanted to change their vote they could call for reconsideration.

Commissioner Koenig

asked if they could add a condition that if the property was sold the CUP went away and if she did not meet the requirements for a commercial business that the CUP went away.

Mr. Sutton

said those could be added. While typically a CUP stayed with the land, the Board could make it not so as a result of the motion.

Commissioner Koenig

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

Commissioner Koenig

made the same motion as Commissioner Borasky adding if the property was sold the conditional use permit went away and if the applicant could not meet the requirements for a commercial business the conditional use permit also went away; seconded by Commissioner Borasky.

Commissioner Wichman

said she did not like the idea of sending her grandchildren to a commercial area to go to daycare. She thought a residential area was where a daycare should be as it was mote protected and safe.

Commissioner Koenig

made a motion to approve SU-201 5-000003 based upon the findings shown on page 2 and subject to all conditions of approval outlined in the staff report and it would be for 18 months; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened the public hearing. Michael Lach stated the uncertainty in the industry had gone away, so there were a number of individuals who had the money necessary to bring jobs and do something with 20,000 square feet. He thought it would be happening a lot more in the County.

Commissioner Schinhofen

closed the public hearing.

Commissioner Schinhofen

asked her to hold off until the Board got to the first part of this. Darrell Lacy said all of his comments under item 11 held for this one except this one was in Tonopah.

Commissioner Wichman

made a motion to approve items 12a and 12b for 18 months; seconded by Commissioner Borasky.

Commissioner Schinhofen

opened the public hearing. Shanna Alaee thanked the Board. Fred Alaee asked if they could come back and get another extension if for some reason they could not get it by 2017.

Commissioner Schinhofen

said they could always come back.

Commissioner Schinhofen

closed the public hearing.

Commissioner Wichman

said because of the continuing resolution authorized by Congress on PILl, it would be received but not fully funded. It was funded to the same level as prior year and approved for $452 million. Pam Webster thought it was fully funded last year.

Commissioner Wichman

thought it was just shy, but said the continuing resolution did hold until they paid it. She also noted they appeared before the Committee on Local Government Finance on January 12, 2017. She said Ms. Rucker had been doing a fantastic job with that group and Commissioner Wichman believed if not for the Hospital District not having anything to show income and expenses then they would not have to continue meeting with them every three months.

Ms. Rucker

added the committee did commend the County on how well it had been doing and how much improvement there was in this audit from prior years.

Commissioner Koenig

asked Ms. Rucker to go through some of the red highlighted items with her reasoning.

Ms. Rucker

explained the Comptroller’s Office services/supplies were projected to be 309% because her department split a service invoice with IT for an enterprise financial system and that bill was about $95,000.00. She would absorb that into her budget due to two existing vacancies in her office. As they moved through the month Ms. Rucker would do a budget adjustment and move money from salaries/benefits into services/supplies. As far as IT, Ms. Rucker said IT had frontloaded contracts so they prepay and encumber their annual services at the beginning of the year. Their projection was high, but it included those annual encumbrances. January 17, 2017 PUBLIC WORKS

47. GENERAL PUBLIC COMMENT (second)

Mrs. Webster

said she would call Ms. Hatley. John Bosta questioned the reduction of time for public comment to two minutes when the agenda said a person had three minutes.

Commissioner Schinhofen

directed Mr. Bosta to the language on the agenda stating the Commission reserved the right to reduce the time or limit the total time for public comment. Commissioner Schinhofen said he was going to ask to start using the blue forms again because that would help him determine how much time to allot to each discussion. In the alternative, he suggested changing the language to such time as deemed necessary.

48. ANNOUNCEMENTS (second)

Commissioner Schinhofen

reminded everyone of the NDOT workshop tomorrow at 10:00 a.m.

Commissioner Koenig

said on January 25, 2017, at 9:00 a.m. in the Pahrump chambers there would be an Open Meeting Law class which was mandatory for anyone appointed or elected, but anyone else was welcome to attend.

Commissioner Wichman

advised she would be in Carson City that day, so Lorina Dellinger made arrangements to video tape those and then people could have their Open Meeting Law classes at different times. January 17, 2017

49. ADJOURN

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of ,2017.