March 21, 2017

Commissioner Borasky

was not present.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox; 4 yeas. March 21, 2017 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Cox

said she had several people ask her when the waterfall would be turned back on. Pam Webster advised it was not turned on right now because it was leaking. Staff was working with Valley Electric for a new design that would still retain the fountain affect of the water as it would be quite costly to rebuild the fountain the way it was. A rendering would be brought forward shortly.

Commissioner Borasky

stated since the fountain was a historical landmark he would not support any action other than to get it up and running again and he would be willing to donate his time and labor to seal it so it would hold water.

Commissioner Schinhofen

asked staff to check with NACO for a letter of support to the State for White Pine County to rebuild their courthouse.

Commissioner Wichman

added that White Pine County was not asking for the State to shoulder the entire bid. They had collected money so they could contribute, they just did not have enough.

Commissioner Schinhofen

said yesterday he spoke against a joint resolution in the House to just say no to Yucca where he reiterated the Board’s position and asked them to modify it. He understood no action was taken yesterday and he would like to have an item on the next agenda. TIMED ITEMS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. March 21, 2017

Commissioner Wichman

asked if there was any luck or momentum on attracting any grants for the Belmont Road.

Mr. Carlo

said not at this time, but Stretch Baker had a contract in place for cold mix, so weather permitting he had the means to take care of the worst areas now until funding was found.

Commissioner Cox

said there were several potholes on Domingo. She then asked for an explanation on the tree removal item shown on the report.

Mr. Carlo

said there were several areas in town where mesquite trees were growing on the edge of the road and they had a laundry list of trees in rights-of-way all over the community that needed to be pulled, removed, or trimmed.

Commissioner Borasky

said he sent Mr. Carlo an e-mail this morning about Gamebird Road where it was all gravel and how it needed to be looked at very closely to make sure it was not a health issue as people were complaining about dust.

Mr. Carlo

advised he responded to that e-mail this morning and they had been running water out there seven days a week to help with the situation.

Commissioner Koenig

said he went down McMurray the other day and noticed several potholes. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. March 27, 2017 PUBLIC WORKS 41, For Possible Action — Discussion and deliberation to enter into a Road Use and Damage Remediation Agreement with Intor Resources Corporation for the purpose of utilizing certain roads within Nye County for their exploratory activities.

Commissioner Schinhofen

understood the bond was not going to be done and asked if it was going to be done now. Tim Carlo said the president agreed to the bond, but it had not been received yet, and it would be a condition to move forward with this agreement.

Commissioner Wichman

made a motion to enter into the agreement with Intor and make it contingent upon both the bond and insurance being paid; seconded by

Commissioner Koenig

; 5 yeas.

Sheriff Wehrly

was present. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. LIQUOR

Commissioner Borasky

pointed out there was no back-up on this item at all other than the main page. After he reviewed the item it was his understanding that the only reason they were getting a wholesale liquor license was to further their recreational marijuana. He thought the item was a little deceiving.

Commissioner Wichman

believed this item was just a bit of overkill on their part to be sure they had a vehicle to move forward.

Commissioner Schinhofen

confirmed with Sheriff Wehrly she had enough to move forward.

Commissioner Schinhofen

made a motion to approve.

Commissioner Schinhofen

explained in the law passed it was said it would be treated like alcohol so they put liquor distributor in there. Most of the liquor distributors wanted nothing to de with it so some of the cultivation places asked for their own distributor licenses. March 21, 2017 12. For Possible Action — Discussion and deliberation reaardin approval of a Temporary Wholesale Liquor License for Beatty Wholesale Distributors, LLC, 101 Airport Road, Beatty, NV. Heidi Bridges, Applicant.-Cont'd.

Commissioner Wichman

seconded the motion to approve; 4 yeas. Commissioners Borasky and Koenig voted no. Robert Grossbeck from MM Development Company, the applicant, who was also appearing on behalf of Ms. Bridges and Beatty Wholesale Distributors, explained this was a stop gap measure for them to protect against the language in !P1. As

Commissioner Schinhofen

mentioned, there was language that alluded to the fact they were going to structure it based on a liquor distribution model. Mr. Grossbeck said they were getting ready to spend millions of dollars in Beatty to expand their project to the next phase, but before they made that commitment he as owner had to be sure he had a market to sell to. He had no problem with a 90 day extension, but said hopefully they would not even need to do that because the Department of Taxation had issued draft regulations attempting to basically carve out an exception for companies like Mr. Grossbeck’s to allow them to apply for a separate and distinct distributor license. He said until the final regulations were adopted in January, 2018, he needed to protect his company and interest and saw this as being the vehicle that gave that protection.

Commissioner Borasky

stated this item was not clear. It did not define what it actually was and there was no intention to sell alcohol. He was not going to support recreational marijuana anyway, but he did not like the way this was put together and put in front of the Board.

Commissioner Koenig

said his no vote stood.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Koenig.

Sheriff Wehrly

advised everything was in order. The motion to approve passed with 6 yeas.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 6 yeas. March 21, 2017 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

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

Commissioner Koenig

made a motion to appoint David Clasen, Eugene Frank and Vicky Parker; seconded by Commissioner Wichman. Lorina Dellinger confirmed for Commissioner Cox that only three applications were submitted.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 15. For Possible Action — Presentation, discussion and deliberation regarding a property tax analysis for the Town of Pahrump; and consideration to modify the property tax rate for Town of Pahrump for Fiscal Year 2018. Savannah Rucker explained this presentation was an analysis of the tax rate for the Town of Pahrump property taxes as requested by Commissioner Koenig. The calculation basis for the presentation was forecasted revenues, expenditures, and ending fund balance based on property tax increases of 4%, other revenue increases of 5% annually, and services/supplies costs increases of 4% annually.

Ms. Rucker

displayed a graph representing the property tax rate history. In FY07 the property tax rate was .2253 and in FY17 the rate was .4795, which was double the tax rate of FY07 because of the property assessed valuations. She explained when property tax values decline property tax rates must increase to cover the Town's operational expenditures. Currently assessed values were coming back up, but they were still significantly lower in FY17 with $827 million in assessed valuations when compared to the high in FY10 with $1.6 billion of assessed valuations. The next graph Ms. Rucker displayed was a representation of savings to constituents in Pahrump. The three rates she proposed were .4795, the current rate; .4417, an average of the current tax rate and a previous tax rate; and .4308, the FY 13 tax rate. March 21, 2017 15. For Possible Action — Presentation, discussion and deliberation regarding a roperty tax analysis for the Town of Pahrump: and consideration to modify the property tax rate for Town of Pahrump for Fiscal Year 2018.-Cont'd. With the current tax rate the tax bill for an assessed valuation of $100,000.00 would be $479.50. The average rate would result in a tax bill of $455.10 for that same property, giving that constituent a savings of $24.40 annually. Defaulting back to FY13 rates of -4308, that same property would see a bill of $430.08, resulting in an annual savings to the constituent of $48.70. The next graph showed projected general fund revenues for Pahrump. Ms. Rucker explained the top line was a representation of property tax values forecasted out to FY22 at the current tax rate of 4795. For FY18 revenues would be $3.184 million, the rate of .4417 would result in revenues of $2.976 million for FY18, and the rate of .4308 would generate revenues in FY18 of $2.76 million. The difference between the rates was about $240,000.00 annually to the Town of Pahrump. Ms. Rucker said the bottom line on the graph was a representation of other revenues which had increased 5% annually over the last five years.

Ms. Rucker

then reviewed the capital expenditures for the Town of Pahrump general fund, which on average had been $125,000.00 annually. She said the capital improvement plans had been grossly neglected, which was why there was a steep increase shown in capital improvements for FY17 through FY19. Some of the capital improvement projects that needed to be addressed were tan Deutch Memorial Park, Petrack Park, and the ambulance service. Next Ms. Rucker discussed the projected expenses for FY17 through FY22, which included the general services and supplies. FY17 showed at $3.8 million and Ms. Rucker advised that would grow annually by 4% per year. Included in the FY17 figure was capital that had already been expensed of $360,000.00. The projected expenses for the town's capital improvements plans for FY17 was $609,000.00 to jump forward the projects that had been neglected for so long along with replacing ambulances and upgrading their services. The graph Ms. Rucker displayed showed the drastic drops in expenditures in FY17 through FY19 as well as how the previous tax rate of .4308 would result in a minimum ending fund balance below NRS requirements.

Ms. Rucker

concluded her presentation by stating the combination of lack of investing in capital improvement plans for the last ten years along with streamlining expenses in the Pahrump town general fund had created an ending fund balance in excess of $5 million. She felt the gain to each parcel owner of savings from a lowered tax rate was far outweighed by the capital improvement plans for the town. Ms. Rucker's recommendation was to not change the tax rate at this time as at current levels the capital improvement plans could be executed to improve the quality of life in Pahrump and revisit the tax rate in two years after those plans had been executed. March 21, 2017 15. For Possible Action — Presentation, discussion and deliberation regarding a property tax "tax analysis for the Town of Pahrump; and conside for the Town of Pahrump; and consideration to modify the property tax rate for Town of Pahrump for Fiscal Year 2018. Cont'd.

Commissioner Koenig

confirmed with Ms. Rucker that the fire service capital improvements would be funded by PSST funds and was not included in this discussion. He stated he believed with the additional building going on in Pahrump, the large houses going in down by the race track, plus what they were doing in Mountain Falls and other things, more money would be coming in than what Ms. Rucker was projecting.

Commissioner Koenig

made a motion to bring the tax rate down to the middle tier of .4417; seconded by Commissioner Cox.

Commissioner Schinhofen

asked if that would still allow the capital improvements to be done.

Ms. Rucker

said yes, but she still thought the tax rate needed to be looked at again in two years to see if the capital improvements could be covered as well as the operational budget of the town.

Commissioner Koenig

noted the expenses were shown as going up by 4% and he thought that could be controlled better. He said the concept was to cut the expenses and the taxes to give money back to the people so they could go out and spend it to generate more money.

Commissioner Borasky

said he would like to go with staff's recommendation and he did not support the motion.

Commissioner Cox

commented that people would like to add lighting to the skateboard park in the area of the lan Deutch Park. She would also like to have someone put together a study and a report in the near future on privatizing the ambulance service. Dave Stevens stated he supported the reduction. Jaydee Webb, Vice Chair of the Pahrump Parks and Recreation Advisory Committee, said there were several things that were not on Ms. Rucker's list such as the Kellogg Park project. He would like to see that continue, but he did not know if it would if the funding was cut down to the other level.

Commissioner Schinhofen

commented there was funding for Kellogg Park currently.

Mr. Webb

said there was $1 million, but what they had planned would be $1.6 million and that was only the first part of phase I. It did not include the tennis or basketball courts. Mr, Webb suggested staying with the higher rate and revisiting it in two years. March 21, 2017 15. For Possible Action — Presentation, discussion and deliberation regarding a roperty tax analysis for the Town of Pahrump: and consideration to modify the property tax rate for Town of Pahrump for Fiscal Year 2018.-Cont'd. David Gresham said he supported what was being done with the parks in this community, but there had been drastic neglect of the skateboard park which needed to be addressed.

Commissioner Schinhofen

clarified the Board was not approving the individual projects, just approving cutting the rate, and the individual projects would be brought back as future agenda items. Dwight Lilly said he agreed with Commissioner Cox on the ambulance service. Matt Luis from Pahrump Buildings and Grounds asked everyone to keep in mind also the growth that could be coming and the facilities that would be needed to match it. Dave Stevens said he supported the ambulance service, fire department and Sheriff's Office and always would.

Commissioner Schinhofen

noted most of the other towns were at the cap and higher than Pahrump.

Commissioner Schinhofen

said it usually went to auction. March 21, 2017 SITTING AS THE BOARD OF COUNTY COMMISSIONERS 7. 10:45 — For Possible Action — Public hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolutions to augment the following County Funds: Resolution No. 2017-53 Fund 10205 Road in the amount of $896,744 Resolution No. 2017-54 Fund 25234 Pahrump Public Safety Sales Tax - Sheriff in the amount of $578,592 Resolution No. 2017-55 Fund 25235 Pahrump Public Safety Sales Tax - Fire in the amount of $360,832 Resolution No. 2017-56 Fund 27234 Manhattan Public Safety Sales Tax - Sheriff in the amount of $424 Resolution No. 2017-57 Fund 27235 Manhattan Public Safety Sales Tax - Fire in the amount of $423

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Schinhofen

opened and closed the public hearing. The motion te approve passed with 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 17. For Possible Action — Discussion and deliberation reqarding the Fiscal Year 2018 Pahrump Tourism Budget. James Horton, Chairman of the Pahrump Tourism Advisory Committee, committee member Chris Irwin, and Tourism Director Ariette Ledbetter present.

Mr. Horton

said what they were looking at today was the tourism department budget for FY18. In years past the budget process had been initiated and completed by the tourism department staff with some input from the committee members, but Mr. Horton advised that this year it had been the initiative of the committee itself. He discussed the room tax collections from July, 2016 through January, 2017, totaling $213,792.00, and their projection for the remainder of the fiscal year at $229,276.00. Mr. Horton noted the collections for the first seven months of FY17 were almost 61% over the same period the year before and their projection for the remainder of the fiscal year was 45% over the same five months last year. Their total income was shown as cash in at about $440,000.00, with total expenses of $372,000.00, and if all went as planned the fund balance would increase about $70,000.00 at the end of FY18.

Mr. Horton

pointed out one fairly significant change in how the staff salaries and benefits played into the budget. In years past, and possibly also in FY18, just the tourism portion of the room tax fund had borne the cost of the salaries and benefits for March 21, 2017 17. For Possible Action — Discussion and deliberation regarding the Fiscal Year 2018 Pahrump Tourism Budget.-Cont’d. Town of Pahrump staff. What his committee was proposing for FY18 was that the tourism fund would essentially pay for 3/8 of that cost and the remaining funds such as Park and Recreation and the fairgrounds would pay for 5/8 of that cost. Just to puta little perspective on that, Mr. Horton explained in the Town of Elko the entire salaries and benefits package for tourism was covered by the town’s general fund.

Commissioner Koenig

asked what the ending fund balance was projected to be this year for the tourism advisory committee. Savannah Rucker said she would need a few minutes to look that up.

Mr. Irwin

said for FY15 through FY17 an increase in room taxes had been seen every year. He cautioned the Commissioners about cutting or making changes to the budget for fear those room tax funds started to go down.

Commissioner Koenig

pointed out their budget was down about $40,000.00 from the previous budget.

Mr. Horton

explained that was based on the premise that they could allocate salaries and benefits over the various funds. If the Commissioner did not approve that then they would be up a little over $21,000.00 from last year.

Commissioner Koenig

made a motion to approve the budget of $372,332.00; seconded by Commissioner Wichman. Pam Webster said she appreciated the presentation and suggestions made by the tourism committee, but she would like to delay a vote to approve this budget until it was incorporated into the Board budget process for next year and do the entire budget at the same time.

Commissioner Wichman

withdrew her second.

Commissioner Koenig

withdrew his motion.

Mr. Irwin

noted the town and tourism had done a good job investing in infrastructure and the benefits of that were starting to be reaped. He said part of what was earmarked in the 9% was an economic development function. He had seen in a lot of communities that tourism and economic development were becoming more tied together and with Pahrump having the infrastructure it was even easier for the Commissioners to allocate more money into the economic development side.

Ms. Ledbetter

thanked the Pahrump Tourism Advisory Committee for coming forward and developing a viable marketing plan. Another thing she wanted to go on record with March 21, 2017 17. For Possible Action — Discussion and deliberation regarding the Fiscal Year 2018 Pahrump Tourism Budget.-Cont’d. was a staff recommendation. They looked at room tax allocation and there was a 1% allocation to economic development. That fund was sitting right now and she thought it could be used well for marketing for Pahrump and could be another option to consider in the budget hearings in April.

Commissioner Borasky

added it would be nice to have occupancy rates available to the Commissioners when talking about adding additional money into the budget.

Ms. Ledbetter

said she would provide him with those and would begin delivering quarterly reports at the April meeting.

Mrs. Webster

asked if Mr. Horton wanted to address the second pant of this item involving the general fund or if he wanted to wait to do the final budget.

Mr. Horton

said over a two or three year period $361,600.00 was taken out of that fund and the committee had no say in that process. They were not asking for anything back, but they were asking for up to that dollar amount to go back into the tourism fund as they believed those fund balances reflected their successes. It would give them an additional buffer going forward and possibly additional cash on hand to escalate their efforts even more, especially on the economic development side.

Commissioner Koenig

explained for the public that money was spent on the contour study.

Ms. Rucker

informed the Board that the ending fund balance for the Pahrump Tourism Room Tax Special Revenue Fund for FY16 was $163,226.00. SITTING AS THE BOARD OF COUNTY COMMISSIONERS §. Commissioners'/Manager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas})-Reopened.

Commissioner Wichman

addressed an article in the newspaper recently that reported on AB43, which had been touted throughout the State as a property tax increase. She explained the language was very carefully drafted and all it meant was when the assessed value dropped considerably that drop would be capped to protect services just like tax increases were capped to protect homeowners. March 21, 2017 TIMED ITEMS-Cont’d. 8. 11:00 - For Possible Action — MP-2017-000002: Public hearing, discussion, deliberation and possible action on a request for a (Minor) Master Plan Amendment to amend the Rural Density Residential (RDR) land use category description to allow for areas that prohibit livestock; and to amend the Master Plan and Zoning Ordinance Conformity Table (Table 4.2) of the 2014 Pahrump Regional Planning District Master Plan Update, to add the Suburban Estates Residential (SE) zoning district as a conforming zoning district in the RDR land use category. Pahrump Regional Planning Commission - Applicant. Darrell Lacy, Planning Director, explained under the current master plan rural density residential land use category allowed rural estates one acre lots but not suburban estates one acre lots. This amendment would correct that.

Commissioner Koenig

made a motion to approve MP-2017-000002: seconded by

Commissioner Schinhofen

opened and closed the public hearing. Linda Hatley asked what the difference was between the suburban and rural one acre parcels in Pahrump.

Mr. Lacy

explained the only difference was the allowance of livestock on the parcel.

Commissioner Koenig

said he was in favor of this as it did not affect anybody except those people. If there happened to be trails in the area he would guess that since they March 21, 2017 9. 11:00 - For Possible Action — ZC-2016-000011: Public hearing, discussion, deliberation and possible action on a request for a Zone Change application to change twenty-six (26) parcels from the Rural Estates (RE-1) Zoning District to the Suburban Estates (SE) Zoning District-Cont’d. built block walls around their property the trails were inaccessible. His biggest problem was the 40 acre requirement and he asked about the waiver that had been discussed.

Mr. Lacy

stated if the Board would like to make the approval conditional on getting a waiver from the RPC that would be one simple way of addressing that concern.

Commissioner Koenig

made a motion to approve ZC-2016-000011 with the condition that the RPC pass a waiver on the 40 acre minimum; seconded by Commissioner Borasky.

Commissioner Schinhofen

opened the public hearing. Wade Hinden commented everything that was zoned for rural density was done so because Pahrump was a rural town, but it had slowly been changing with the improvements and the large population from Mountain Falls and the other subdivisions that were creeping into Pahrump.

Commissioner Schinhofen

advised this was brought forward by the property owners.

Commissioner Koenig

added those people had lived here for 10 or 15 years.

Commissioner Wichman

asked the public as they spoke to advise if they were one of the 26.

Mr. Hinden

said he was not and just wanted to put that thought out there. John Bosta said that subdivision was created so people could have their ranchettes with horses or livestock. Now people who bought property inside of this subdivision come in wanting a zone change. He did not think that was fair to the community and did not believe the zoning should be changed. Linda Hatley, speaking on behalf of herself, livestock owners, and her friends that lived around the 26 parcels, said to her knowledge nine of the 26 lots were neither developed nor owned, so it should be only 16. She did not understand the need for a law stating they could not have livestock if those 26 did not want it. She advised the people on the other side of the street had livestock and did not want this as they were afraid of what it would start. Ms. Hatley said she was not one of the 26. She asked how this would be enforced and felt this was infringing on persona! choice. Don Cox said he was not a property owner in the area, but he lived in Las Vegas at the time when there were a lot of ranch estates, very few of which were left now. He March 21, 2017 9. 11:00 - For Possible Action — ZC-2016-000011: Public hearing, discussion, deliberation and possible action on a request for a Zone Change application to change twenty-six (26) parcels from the Rural Estates (RE-1) Zoning District to the Suburban Estates (SE) Zoning District-Cont'd. cautioned the Board to be very careful about what they did for 25 people and thought this was a very bad move. Tom Duryea, one of the 26 property owners, said he came from a town smaller than Pahrump. He found it offensive that people were trying to tell them how to run their lives. Some of them had lived in the neighborhood for over 20 years and wanted to maintain the lifestyle they had. He asked for help to keep that lifestyle. Tina Trenner, who was not one of the 26 property owners, said she campaigned in this area and understood why people wanted to maintain it. She asked the Board to think about not just the rural lifestyle but also what would happen to the people who wanted to live like this and moved here specifically for it. Debbie Young and her husband lived on River Plate and were not one of the 26, but they were on the next property over. Mrs. Young said this zone change request was started against one family that owned goats, dogs and a pig five lots away from the Youngs. She said they were opposed to the zone change from the start because while it would not affect them now, new neighbors could start a petition against them as they were horse owners. Their neighborhood was one of the nice last areas in Pahrump where one could have horses and Mr. and Ms. Young would like to see it stay that way. They opposed ZC-2016-00001 1. Bob Young noted there were comments made that the 26 property owners wanted to maintain the property values of the area. He said that was a two-way street as the fact that animals could be kept on his property could be a selling point. Mr. Young was opposed to the zone change. John Fesnock, one of the 26 lot owners, supported this change and urged the Board to vote in favor of it. Christine Stern, who was not one of the 26, said she locked at the back-up and agreed with Ms. Hatley and Ms. Trenner. There were properties with no development on them, there was no petition in the back-up to show the 25 people who were petitioning for this, and there were plenty of e-mails and letters from people against it who lived in that area. Diane Snyder said she had lived in the area since 1998. The people saw this as a step forward and a positive change in just their neighborhood. She hoped the Board would help them achieve that. March 21, 2017 9. 11:00 - For Possible Action — ZC-2016-000011: Public hearing, discussion, deliberation and possible action on a request for a Zone Change application to change twenty-six (26) parcels from the Rural Estates (RE-1} Zoning District to the Suburban Estates (SE) Zoning District-Cont'd. Karen Duryea, one of the 26 property owners, said when they bought the property they understood there were CCRs attached to it that said no livestock. They only found out when all this started that the CCRs did not exist and she supported the rezoning. Judie Fesnock, one of the 26, stated all of the people who owned the vacant lots signed the petition supplied to the Planning Department. She said a yes vote by the Board would be appreciated so they could change just their lots. Dave Stevens said he was an animal lover and would not go against the animals, but he would like to see houses built correctly.

Commissioner Schinhofen

closed the public hearing.

Commissioner Schinhofen

said he supported this because the property owners wanted to zone themselves this way and they had every right to do that. Addressing the question of what these people were trying to accomplish, Commissioner Cox shared some information about the deed restrictions and the CCRs. The deed restrictions expired in 2010 and were valid for 40 years. When the rural zoning of RE which allowed horses was placed on the parcels in 2007 by Nye County, the deed restrictions which also allowed horses were still in effect. Commissioner Cox then read the conclusion of the Planning Department, which stated that the requested zone change did not conform to the rural density residential master plan designation and staff could not recommend approval of the zone change application at this time.

Commissioner Cox

was not sure after what was approved on item 8 where this stood.

Commissioner Koenig

explained that item 8 made it legal to do item 9.

Commissioner Cox

said she supported the people who were speaking against the rezoning as the other people had a choice. She felt doing this would set a very dangerous precedent for the entire area.

Commissioner Koenig

made a motion to approve MP-2017-000003, ZC-2017-000012, and CU-2017-000035; seconded by Commissioner Borasky.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Koenig

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

Commissioner Wichman

; 5 yeas.

Commissioner Koenig

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

Commissioner Wichman

; 5 yeas.

Commissioner Koenig

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

Commissioner Wichman

; 5 yeas.

Commissioner Koenig

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

Commissioner Wichman

; 5 yeas.

Commissioner Koenig

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

Commissioner Wichman

; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Wichman

made a motion to appoint the two applicants that applied, Ariana Montanoz to a term ending January, 2019, and Ryan Tweney fo a term ending January, 2021; seconded by Commissioner Borasky; 5 yeas.

Commissioner Koenig

made a motion to designate the term of Derrick Fowler to be June, 2019, and the term of Gary Bennett to be June, 2020; seconded by

Commissioner Wichman

; 5 yeas. PLANNING/BUILDING

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. March 21, 2017 PUBLIC PETITIONER

Commissioner Wichman

said she would like to see Nye County listed as an additional insured to avoid legal action in the future.

Commissioner Koenig

pointed out that provision was on page 15. He then said he had several questions like how wide the towers would be, how tall, how many, and if any associated equipment with the towers would be above or below ground. He suggested hearing Mobilitie’s brief overview. Robert List, a consuitant for Mobilitie, and Holly Johnson, who was employed by the company handling permitting and relationships with the local governments, were present.

Ms. Johnson

advised Mobilitie was registered as a competitive local exchange carrier with the State, which basically afforded them the opportunity to provide telecommunication services in the State and access to the public right-of-way just like any other utility. They had been in the business 11 years and were the nation’s largest privately held utility company. Mobilitie was working to develop a hybrid transport network using fiber and wireless technology combined with small cell technology and transport. Ms. Johnson explained small cells were equipment that could be put atop utility or light poles. The transport towers were the tall towers everyone was used to seeing, however, Mobilitie had a new slim line design. They had looked at the coverage in Nye County and would like to serve the locations where there was a gap. The agreement would allow Mobilitie to work with Nye County and permit the infrastructure for those gaps.

Commissioner Koenig

asked what “Licensor's poles” meant.

Ms. Johnson

said normally light poles or utility poles.

Commissioner Koenig

noted the utility poles in Nye County were owned by Valley Electric.

Commissioner Wichman

said that was only in Pahrump and the County owned some as well.

Commissioner Koenig

thought a 25-year agreement was a really long time as technology changed. March 21, 2017 42. For Possible Action — Discussion and deliberation regarding a Master License Agreement between Nye County and Mobilitie, LLC for the use of Public Rights- of-Way.-Cont’d.

Mr. List

said it was a significant installation cost and 25 years was common in the industry.

Commissioner Koenig

said he had no problem with 25 years as far as maintenance, but he did have a problem with 24 years and Mobilitie still putting up poles. There was also nothing in the agreement that said Mobilitie could not put up a million poles. Additionally, Commissioner Koenig said there had been some discussion as to whether the license fee of $1,000.00 was enough, and he wondered what the County’s standard underground utility rate was for the land line backhoe equipment. He also questioned the site eligibility and said he did not want a pole in front of his house.

Ms. Johnson

clarified they were only locking at public right-of-way. In response to several questions from Commissioner Wichman about tower locations and under-served areas, Ms. Johnson advised they were currently only looking at four proposed transport sites which were all located in under-served areas. Ms. Johnson did not have a map to pinpoint the exact locations as they had not worked with the County to determine those and needed this agreement to do so.

Commissioner Koenig

suggested limiting it to four sites and Mobilitie could come back for more.

Mr. List

said the basic thing to remember was the company was driven by the market demand of where calls were being dropped or where there was insufficient coverage. The idea they would just come in and put towers on every corner was not realistic in the real marketplace. Mr. List saw no public advantage in limiting it to four towers. Pam Webster suggested doing a professional services agreement or feasibility study and revisit this later when the answers the Commissioners needed were received.

Mr. List

advised the typical sequence was to enter into this document and then Mobilitie would come back very quickly with an application.

Mrs. Webster

clarified her suggestion was to address the Board’s concerns about this being too open-ended and not having finite knowledge of where the locations would be.

Mr. List

stated Mobilitie could not put up a single facility without the County's approval. This was just step one and Mobilitie would come back with the exact detail and design.

Mr. Koenig

stated people were saying when Mobilitie went into other communities they did not abide by the laws and he was trying to make sure that did not happen here. If Mobilitie wanted to build four or ten, they just had to tell him where they were going to March 21, 2017 42. For Possible Action — Discussion and deliberation regarding a Master License Agreement between Nye County and Mobilitie, LLC for the use of Public Rights- of-Way-Cont’d. be and he would probably be okay. Commissioner Koenig wanted to be told they were not going to be 140 feet in the air and he wanted some reassurance that Pahrump would not turn into pole city.

Mr. List

admitted the company put a pole in someplace in Florida without approval and he guaranteed that would not happen in Nye. He stated this was a reputable company that abided by the law and had done installations for all the major carriers in the country. Milan Dimic, IT Director, pointed out that section 6 of the agreement stated they could not put any tower up without going through the standard permitting and the County still had the right to refuse any site they requested based on a number of different reasons. Darrell Lacy added guidelines for staff to work with needed to be put together because today there was no guidance on what they could do outside of Pahrump.

Mr. Dimic

noted one of the criteria was they had to have an engineering study and there were federally mandated guidelines for towers.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox; 3 yeas. Commissioners Borasky and Koenig voted no. DISTRICT ATTORNEY 29. For Possible Action - Discussion and deliberation regarding an Intrastate Interlocal Contract between the Nevada Department of Health and Human Services, Division of Welfare and Supportive Services and Nye County District Attorney, Child Support Division for funding of child support enforcement activities for FY 2017-2021. Marla Zlotek noted this contract had been around since 1997.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Wichman, Pam Webster pointed out the Board was approving a budget by signing this contract and the budget was covered in the new fiscal year budget. She confirmed with Savannah Rucker that the budget was sufficient to cover the contract, but she wanted the Board to know they were guaranteeing these positions would be included in the budget when the contract was signed.

Commissioner Schinhofen

asked how much trouble it would be to give them two chances within 30 or 60 days.

Mrs. Webster

said the training was recorded so they could do two more, maybe a weekend one or an evening one.

Commissioner Schinhofen

said he would like it set within 30 days with two different times.

Commissioner Koenig

questioned how the list was compiled as he knew people who attended but were not on the list.

Commissioner Cox

thought maybe they missed signing in.

Mrs. Webster

said the list came from the sign-in sheets, but those people could be contacted to see if they attended and did not sign in.

Commissioner Wichman

advised she sat through the Open Meeting Law training with the Northern Nye County Hospital District, yet she was showing up on the list as not having the training for the Board of Health.

Commissioner Schinhofen

commented direction had been given before that everyone needed to go to these meetings or they would not sit on the boards. Lorina Dellinger clarified the sign-in sheets in the back-up were from the training in January, 2017. Staff was directed to coordinate the lists and bring a complete list back at the second meeting in May. March 21, 2017 31. For Possible Action — Presentation of the January 25, 2017 Open Meeting Law training participation.-Cont'd.

Mrs. Dellinger

advised there were two tentative dates scheduled for April 5, 2017, at 2:00 p.m. and April 26, 2017, at 6:00 p.m., and everyone would get the notice whether they attended previously or not.

Commissioner Cox

asked what NRS required this.

Mrs. Dellinger

explained the NRS requirement was Chapter 269 for town advisory boards. The requirement for the other public bodies appointed by the Commissioners came from an action item by the Board and she could get Commissioner Cox that meeting date.

Commissioner Cox

asked if it had to be done every year or when people were appointed.

Mrs. Webster

said it was once a year. 32. For Possible Action ~ Discussion and deliberation regarding an Amendment to the Contract with Agoge Corporate Services to provide subject matter expertise to various departments in order to create training classes that the Nye County Sheriff's Office will retain exclusive rights to. Pam Webster explained this was basically a clean-up of some language issues in the previous agreement and did not change the terms and conditions.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. EMERGENCY MANAGEMENT 33. For Possible Action — Discussion and deliberation regarding the renewal of an Interlocal Contract with State of Nevada, Department of Conservation and Natural Resources Nevada Division of Forestry to provide Fire Protection.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. FINANCE 34. Presentation regarding the budget status through February 2017 for Nye County Fiscal Year 2017 budget projections. Savannah Rucker first reviewed the budget to actual revenue report, which showed current revenues as of February 28, 2017, at $19,089,392.00 representing 61% March 21, 2017 34, Presentation regarding the budget status through February 2017 for Nye County Fiscal Year 2017 budget projections.-Cont'd. collected for the fiscal year. With about 25% of the County’s revenue generated in the last two months of the fiscal year, she said the revenues were coming in pretty strong so far and continued to exceed forecasts which should offset the potential PILT shortcomings. CTAX for December was received in February at $1.2 million when the forecast was $1.035 million. Ms. Rucker said she anticipated finishing the year in excess of revenues.

Ms. Rucker

then discussed the revenues from licensing and permits, which were below the percent received so far with only 44% collected. Concealed weapons permits were at 50% at this point of the year last year and this year it was 48% collected. About 65% of revenues for concealed weapons permits came in between March and June, so those would trickle in. Additionally, marijuana license were only at 13% collected. Ms. Rucker understood there were several marijuana projects on hold, so that could potentially be a small speed bump, but at this time last year 50% was collected and 125% of budget was collected between March and June. If that trend followed suit there could be a jump in marijuana licenses toward the end of the fiscal year. In reviewing the department expenditure report Ms. Rucker noted a few departments were coming in higher, one being IT for salaries due to a temp that was hired. Services/supplies for Human Resources was forecasted to be 110%, however, there was a one-time equipment purchase for Pahrump and Ms. Rucker expected the levels to average out through the rest of the year. Looking at Planning, salaries and benefits were projected to be over due to Darrell Lacy’s payroll being allocated to the water district. Since he was no longer general manager an augment would likely be needed for Planning. Salaries and benefits for the Public Guardian were also projected to be higher than budget. Ms. Rucker understood there were significant cases occurring right now causing the increase in salaries so that may be a department that would need to be augmented slightly to cover the needs of the community. Page 3 of the back-up showed Emergency Management's salaries were forecasted to be 102%. A journal entry was done recently to move part of the salaries to the grant fund, and Ms. Rucker was looking into their services and supplies as there might be additional annual expenditures not included as they were not listed as a contract in Eden. Also, the Clerk's Office salaries were at 101% forecasted, and services/supplies were at 125% forecasted. Ms. Rucker thought that was largely due to the Presidential election that occurred this year causing overtime and increased salaries which she believed would level out, and she would keep her eyes on the Clerk's services/supplies. The Sheriff's Office was also showing salaries at 105% and Ms. Rucker believed that was due to overtime because of the loss of deputies. She was also reviewing their services/supplies. Salaries and benefits were projected to be over budget slightly for Public Works too, but Ms. Rucker believed that was due to being under-budgeted to begin with. March 21, 2017 34. Presentation regarding the budget status through February 2017 for Nye County Fiscal Year 2017 budget projections.-Cont'd.

Commissioner Schinhofen

asked if anything with Public Works had to do with the accruals of the former director.

Ms. Rucker

said it was a portion of Darin Tuck’s payroll, but she also thought the benefits were not being allocated out correctly and she was still looking into that. 35. For Possible Action — Discussion and deliberation regarding 1.) an amendment to the lease agreement with Desert Haven Animal Society for the existing Pahrump Animal Shelter facility located at 1511 Siri Ln., Pahrump, NV extending the term to June 30, 2017; 2.} provide a subsidy in the amount of $12,000 for Fiscal Year 2017 which can be funded from Contingency. Pam Webster advised she met with the representatives from Desert Haven and they were doing a great job. The difficulty they had was they had been unable to pay the veterinarian with their income levels so they asked for a subsidy. Their existing contract expired March 31, 2017, so Mrs. Webster proposed extending the contract through the end of June and then addressing a subsidy in the budget process. They would like to have $49,000.00 a year and this was the equivalent of that subsidy through the next three months.

Commissioner Borasky

asked if there was a full-time person in there. When Mrs. Webster responded no, he asked if that was hurting not having someone overseeing the volunteers.

Mrs. Webster

thought they were doing a very good job managing. St was just that their income had not been at a level to reimburse the veterinarian and she did not know how long it could sustain without being able to do that.

Commissioner Wichman

said in the past there was talk about the communities picking up the subsidies. While she understood that there might be a dog or cat there from some other community, the lion’s share was from Pahrump. Commissioner Wichman suggested if this was approved that it be a Pahrump item and not a County item.

Mrs. Webster

asked if the Board would approve it in the interim as a County item or if she should bring it back as a Pahrump item.

Commissioner Wichman

made a motion to approve contingent upon it coming out of the town coffers rather than the County coffers; seconded by Commissioner Cox; 5 yeas. March 21, 2017 H/R AND RISK MANAGEMENT 36. For Possible Action — Discussion and deliberation to fill a vacant Deputy Justice Court Clerk Position #08013-001 in the Beatty Justice Court effective July 1, 2017 due to the employee retiring effective March 31, 2017. This item was removed from the agenda. 37. For Possible Action — Discussion and deliberation to fill the Director of Information Technology Position #02112-001 effective immediately due to the pending resignation of the Director on June 30, 2017.

Commissioner Wichman

made a motion to approve effective immediately; seconded by

Commissioner Koenig

; 5 yeas. INFORMATION TECHNOLOGY 38. For Possible Action — Discussion and deliberation regarding: 1) an agreement with T-Mobile West LLC for tower space rental for the purpose of operating a telecommunications facility; and 2) a request for a Grant of Easement from Nye County to NV Energy, described as a 11.14 foot length being 10 feet in width easement containing one ne thousand two hundred eighty five (1285) square feet, further described as Assessor's Parcel #006-201-35, 85 Hadley Circle located in Round Mountain; NV Energy, Requestor. This item was removed from the agenda. PLANNING/BUILDING 39. For Possible Action — Discussion and deliberation regarding a request to: 1 Set a date, time, and location for a Public Hearing on Nye County Bill No, 2017-06: A Bill proposing to amend Nye County Code 17.04, the Pahrump Regional Planning District (PRPD) Zoning Regulations, by amending Section 17.04.740, to fulfill the water conservation specifications outlined within the following adopted policy documents: 2014 PRPD Master Plan Update, and the Pahrump Basin 162 Groundwater Management Plan, providing for the severability, constitutionality and effective date thereof; and other matters properly related thereto; and 2) Read the title of the Bill into the record.

Commissioner Koenig

made a motion to set the date, time, and location for April 18, 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. March 21, 2017

Commissioner Wichman

stated the only way that legislation would affect Mr. Lilly’s taxes would be if there was another bust in the housing market like in 2008. Then there would be the effects of it from the ten year rolling average in future years. Also,

Commissioner Wichman

said she had been the president of NACO, the immediate past president of NACO, and was currently a member of the Board of Directors for NACO, and she was asked to testify in that capacity. She stated she would not insert herself into that unless she was invited.

Commissioner Schinhofen

noted there was an election in November where the people of the County voted and recreational marijuana passed in Nye County 54-47. John Pawlak from the Nye Communities Coalition Holiday Task Force announced the Easter picnic would be held at Petrack Park on April 15, 2017, instead of the lan Deutch Park. Also, as the Co-Chair of the Nuclear Waste and Environmental Advisory Board,

Mr. Pawlak

advised that in the past they had been the sole driving force of the Earth Day event, but this year they were just helping to produce the Arbor Day event on April 22, 2017, at Discovery Park from 10:00 a.m. to 4:00 p.m. Dave Gresham, appearing on behalf of Susan Gresham who started the lighting project for the skateboard park, advised they were still pursuing a grant to get the skateboard park in process. They had a contractor who had made a proposal, and Mr. Gresham had a set of plans certified by an electrician which he would present to Matt Luis after he went through the advisory board. John Bosta asked if a Commissioner could use Nye County letterhead when they were making their own personal comments or if they had to make comments that had been approved by the Board.

Commissioner Schinhofen

explained that generally anything approved by the Board could be put on letterhead, but the Chairman could use the letterhead to clarify a position. March 21, 2017 43. GENERAL PUBLIC COMMENT (up to 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)-Cont'd.

Commissioner Wichman

added it was referred to as a minority report, and in the past it had always been presented.

Commissioner Schinhofen

adjourned the meeting. APPROVED this | 4 ph day ATTEST: of AA L 2017. ‘ \\ \ ATT Hohe Chai oe Nye County Clerk / Deputy