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Public meetings / Board of County Commissioners

April 18, 2017

73 turns, 73 with a named speaker, under 9 agenda items. The words and the names are the county clerk's.

2. Approval of the Agenda for April 18, 2017 (Non-action item)

Mrs. Webster

stated to remove items 4, 21-23, and 27. There would be no closed session.

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

Commissioner Koenig

stated on page 3 of the minutes the street should be McMurray, not West Marie.

Commissioner Koenig

made a motion to approve with the correction; seconded by

Commissioner Ccx

; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

12. Presentation by John Pawlak of the Pahrump Nuclear Waste and

Mr. Pawlak

, Pahrump Nuclear Waste and Environmental Advisory Committee, presented Richard Cantino “Citizen of the Year” plaque. Mr. Pawlak stated this was an award given every year to a citizen whose unselfish actions set an example for the preservation and protection of the local environment. SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS 5. Commissioners’iManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)

Commissioner Schinhofen

stated he was given a solicitation for vagrancy/disorderly conduct the sheriff had written and wanted a sponsor. He was happy to sponsor. They just needed to figure out what chapter to put it in. Commissioner Koenig already reviewed it and has comments and Commissioner Koenig would pass on his comments.

Mrs. Webster

stated they have started working on it.

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

Commissioner Koenig

made a motion to set the time and date of the public hearing on May 16, 2017 at 10:45 a.m.; seconded by Commissioner Cox; 5 yeas.

Commissioner Koenig

read the title of the bill into the record. April 18, 2017 PLANNINGIBUILDING

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

Commissioner Koenig

made a motion to set the time and date of the public hearing for May 16, 2017 at 11:00 a.m.; seconded by Commissioner Borasky; 5 yeas.

Commissioner Koenig

read the title of the bill into the record.

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

Commissioner Koenig

made a motion to set the time and date of the public hearing for May 16, 2017 at 11:00 a.m.; seconded by Commissioner Borasky; 5 yeas.

Commissioner Koenig

read the title of the bill into the record.

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

Commissioner Koenig

made a motion to set the time and date of the public hearing for May 16, 2017 at 11:00 am.; seconded by Commissioner Borasky; 5 yeas.

Commissioner Koenig

read the title of the bill into the record. April 18, 2017 SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS 9. For Possible Action — General toad report by Public Works Director Tim Carlo, Public Works, was present. He stated they were currently paving Gamebird and Barney which should take 4 or 5 days. They were working 12-15 hours a day. Also, he stated they were overwhelmed with weeds and potholes and asked that individuals go on line to submit concerns and they will get to it when they can. He also reported that they still had some minor striping left to do.

Mr. Carlo

stated Stretch Baker was out in Belmont today to handle the potholes. They will get the bigger areas taken care of in May.

Commissioner Cox

stated there were more potholes on Basin. She would also like to speak with him sometime about the north end of Linda street from the crossing out by the cattle guard.

Commissioner Koenig

asked about Simpkins Road. Mr. Carlo gave an update and stated they were going to put one mote lift on.

Commissioner Wichman

thanked Mr. Carlo for getting to Belmont. The calls have dropped off. She stated over the weekend she drove down the road next to the Shoshone Market by Carvers and when she crossed the cattle guard she went airborne. Some of the pavement has been heaved up into a pile by the cattle guard and you can’t see it. She asked Mr. Carlo to have Stretch look at it. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD 10. For Possible Action Discussion and deliberation regarding approval of a Temporary Beer & Wine License for DDD Destiny Group, LLC DBA Dickey’s BBQ, 240 S Hwy 160, Pahrump, NV. Eric Dubin, Chuck Dubin and Doug Dubin, Applicants.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Koenig; 6 yeas. April 18, 2017 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 13. For Possible Action Discussion and deliberation to: 1) approve the updated budget relating to the Kellogg Park development project; and 2) identify the funding source.

Mrs. Webster

stated the funding source was the general fund, the augmentation from the ending fund balance overage from last year.

Commissioner Cox

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 14. For Possible Action Discussion and deliberation to rename the Last Chance Park to Last Chance Trailhead.

Commissioner Cox

made a motion to approve; seconded by Commissioner Koenig.

Commissioner Schinhofen

wasn’t sure why the name needed to be changed. Mrs. Webster stated that was confusion with that nomenclature and others.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 16. For Possible Action Discussion and deliberation to terminate the consulting agreement with Landrum and Brown, Inc. to assist the development of the EIS for the general aviation airport.

Commissioner Koenig

made a motion to terminate the agreement with Landrum and Brown, lnc; seconded by Commissioner Borasky.

Mrs. Webster

stated they were notified by the FAA after the completion of the EIS that it was not financially viable for this airport anymore. There is a conflicting airstrip nearby now that the Calvada airstrip has gone public and it is difficult to support another that is so close. She stated the shift in grant match would be significantly higher. She also April 18, 2017 16. For Possible Action Discussion and deliberation to terminate the consulting agreement with Landrum and Brown, Inc. to assist the development of the EIS for the general aviation airport. Cont’d stated that this was no reflection on Landrum and Brown, Inc. but the project can’t move forward.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 18. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday. July 18, 2017 in Pahrump, Nevada.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 19. For Possible Action Approval to accept a change order to increase the total amount of the award by $5000 for the Joining Forces 2017 grant. This grant is administered from Proiect gi7022 and Fund 10340 Grants.

Commissioner Cox

asked what the $5000 was going to be used for. Danielle Drevdahl, Grants and Contract Manager, stated the this was extra money the state received that was divided amongst the grantees. It is to be used for DUI’s, enforcement at various events, speed, etc.

Sheriff Wehrly

added that this money would be used for any inattentive driver, but didn’t involve check points. They join forces with other agencies that have these grants. April 18, 2017 19. For Possible Action Approval to accept a change order to increase the total amount of the award by $5,000 for the Joining Forces 2017 grant. This grant is administered from Project g17022 and Fund 10340 Grants. Cont’d —

Commissioner Borasky

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. 20. For Possible Action Approval to authorize the County Manager to administratively adjust the Use Fees (tipping fees) in Nye County Code 8.24.240 (C), for all County Landfill Facilities.

Mrs. Webster

stated they are considering converting the measurement of things being put into the landfill by tonnage rather than by cubic yards. She and Mr. Carlo were going to select a couple of construction projects over the next six months and will make a recommendation if they should change after the study. This would be put into practice at the Pahrump landfill.

Commissioner Cox

asked if this would affect residential fees at all. Mrs. Webster stated it would not.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. BOARD OF COMMISSIONERS 21. 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. Removed from the agenda. 22. 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. Removed from the agenda. 23. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. Removed from the agenda. April 18, 2017 SHERIFF 25. For Possible Action Discussion and deliberation to 1) determine Nye County Sheriffs Office K-9 Kane no longer required for public use; 2) surplus K-9 Kane; and 3) determine it is in the best interest of Nye County to retire and transfer ownership of K-9 Kane to Deputy Richard Rumker pursuant to NRS 332.185.

Commissioner Koenig

made a motion to 1) determine Nye County Sheriffs Office K-9 Kane no longer required for public use; 2) surplus K-9 Kane and 3) determine it is in the best interest of Nye County to retire and transfer ownership of K-9 Kane to Deputy Richard Rumker pursuant to NRS 332.185; seconded by Cbmmissioner Borasky. Richard Goldstein asked why the handler is responsible to pay for the medical on the retiring dog instead of the county.

Commissioner Schinhofen

stated it was something to look in to.

Commissioner Koenig

questioned the miscellaneous fund. Ms. Rucker stated it was for retirees. They were forecasting a little above budget. April 18, 2017 27. For Possible Action Discussion and deliberation to: 1) determine if liability exists for Nye County to owe for the interest earned on the Educational Endowment Fund in Fiscal Year 2016; and 2) determine fund for payment if liability is found. Removed from agenda. 28. For Possible Action Discussion and deliberation to accept or reject any or all bids and provide direction to staff regarding Bid #2017-05 Calvada Urgent Care Roof Repair.

Commissioner Koenig

asked what they would do now.

Mrs. Webster

stated they would go out to bid again with a longer advertising time. There wasn’t enough time or the ability for some of the bidders to get their bonds and it is over budget so they are requesting to go out to bid again.

Commissioner Koenig

made a motion to reject the bids; seconded by Commissioner Wichman; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 11. 10:30— For Possible Action Presentation, discussion and deliberation regarding a $2,000.00 grant for Toddler Swim Lessons from the Southern Nevada Chapter of the International Code Council to the Town of Pahrump for the 2017 pool season

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. David Goldstein, Southern Nevada Chapter of the International Code Council, presented at $2000 grant for Toddler Swim Lessons. He stated Pahrump had the largest increase in toddler students from last year and they were pleased to continue. INFORMATION TECHNOLOGY 29. For Possible Action Discussion and deliberation to enter into a contract with Level3 Audio Visual to obtain authorization to ioin the contract with the State of Arizona for audio and video equipment and services. Commission Koenig clarified that they were not entering into a contract with LeveI3 but they were just giving them permission to piggyback on a contract with the State of Arizona. April 18, 2017 29. For Possible Action Discussion and deliberation to enter into a contract with Level3 Audio Visual to obtain authorization to join the contract with the State of Arizona for audio and video equipment and services. Cont’d —

Mrs. Webster

stated this saves them the effort of going out to competitive bid.

Commissioner Koenig

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

Commissioner Borasky

asked if they were ever going to get a portable mic. Mr. Dimic stated they have one. Jaynee Reeves added that it was just repaired. PLANNINGIBUILDING 32. For Possible Action Medical Marijuana Establishment License Annual Renewal Application MM-2017-000037: Discussion and deliberation on a request for renewal of a Medical Marijuana Establishment License for a medical marijuana establishment (production) located at 301 S. Oxbow Avenue, Pahrump, Assessor Parcel #38-244-09. Eugene & Nelda Fay Toy Trust Property Owner. Nye Natural Medicinal Solutions, LLC dba NuVeda LLC Applicant.

Commissioner Koenig

made a motion to approve items 32, 33, 34, 35 and 37; seconded by Commissioner Cox. Dave Stephens stated they should tax marijuana and it causes brain damage. He was 100% against it.

Commissioner Koenig

made a motion to approve items 32, 33, 34, 35 and 37; seconded by Commissioner Cox. Dave Stephens stated they should tax marijuana and it causes brain damage. He was 100% against it.

Commissioner Koenig

made a motion to approve items 32, 33, 34, 35 and 37; seconded by Commissioner Cox. Dave Stephens stated they should tax marijuana and it causes brain damage. He was 100% against it.

Commissioner Koenig

made a motion to approve items 32, 33, 34, 35 and 37; seconded by Commissioner Cox. Dave Stephens stated they should tax marijuana and it causes brain damage. He was 100% against it.

Commissioner Koenig

made a motion to approve items 32, 33, 34, 35 and 37; seconded by Commissioner Cox. Dave Stephens stated they should tax marijuana and it causes brain damage. He was 100% against it.

Commissioner Koenig

stated he drove out to check the area. None of the storage areas have paving.

Commissioner Koenig

made a motion to approve the waiver; seconded by

Commissioner Borasky

asked if they were going to be required to water the gravel once in a while. Mr. Lacy stated once approved they don’t have a condition that they have to water. Commissioner Borasky noted that the dust control ordinance was still in effect.

Mr. Lacy

stated they would evaluate to see if it is needed.

Commissioner Borasky

stated he has been asking that the grass be aerated. Mrs. Webster stated the Town of Pahrump staff have been working on it. Mr. Luis as a plan laid out for the whole grassy area.

Commissioner Borsky

asked if there were plans to plant new trees. Mrs. Webster stated they were looking a cuffing more down but they don’t want to interrupt the hawk mating season.

Commissioner Borasky

also asked about the fountain. Mrs. Webster stated she did have a rendering to show him.

Commissioner Koenig

stated he would like to revisit sign ordinance and the paving issues they talked about the other day. There were things added years ago that needed to come out. He took two things off Mr. Lacy’s list and added two more.

Commissioner Cox

stated she has people who need things at the arena repaired. Since the Town is working on other things the arena repairs get put to the side. It was brought up at the last Arena meeting. She asked if they could possibly hire more grounds people even if it was just temporary. Mrs. Webster stated she would look into it. April 18, 2017 5. Commissioner&IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas) Cont’d —

Commissioner Schinhofen

stated a couple of bills had failed. One was death with dignity because the hospice industry shut it down. Another bill making its way through is to allow the Commissioners to hold property sales in Pahrump instead of just Tonopah. He also discussed the water bill. Some are celebrating but he is puzzled because it seems the only option now is no new domestic wells. He commented that they should be careful what they ask for. TIMED ITEMS 8. 11:00 For Possible Action Public Hearing, discussion and deliberation to: 1) — — Adopt, amend and adopt or reject 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) Set an effective date.

Commissioner Schinhofen

stated not everything was put into the backup so they will postpone this.

Commissioner Schinhofen

opened the public hearing. Kenny Bent was concerned they were pushing forward language citing a groundwater management plant, but it has not been adopted. He would like to see that language removed.

Commissioner Schinhofen

stated the Board had voted on 8 of the items. Herman Lewis made a statement regarding public comment. He also stated there was uncertainty among the people about these issues. The groundwater management plan was a work in progress.

Commissioner Schinhofen

reviewed the process.

Commissioner Koenig

made a motion to continue the public hearing to the next Pahrump meeting; seconded by Commissioner Ccx; 5 yeas. April 18, 2017 7. 11:00— For Possible Action —Public Hearing, discussion and deliberation regarding Extension of Time Application ET-2017-000024, a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (cultivation) at 1340 W. Highway 372, Pahrump. Assessor Parcel Number 036-381-02. Evelyn Tooley, Trustee, Tooley Family Trust Property— Owner. GWGA, LLC I Sandra Tiffany Applicant. Sandra Tiffany, Applicant, was asking for a one-time extension. She stated she hired a management company and contractor back in May and they both filed. She should get the provisional certificate of occupancy soon but was asking for an extension as an insurance policy.

Commissioner Koenig

made a motion to extend the application by 4 months; seconded by Commissioner Borasky.

Commissioner Schinhofen

opened the public hearing.

Commissioner Schinhofen

closed the public hearing.

Commissioner Koenig

made a motion to approve a medical marijuana establishment license for a medical marijuana (cultivation) establishment located at 1340W. Highway 372, Pahrump; seconded by Commissioner Wichman; 5 yeas.

40. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.)

Commissioner Borasky

stated the public has all their telephone numbers and Nye is one of the few counties where the public can call their Commissioners. Dave Stephens commented on Valley Electric. He stated they owed 10 million dollars.

Commissioner Koenig

stated they agreed. Commissioner Borasky stated he had a meeting with them scheduled.

41. ADJOURN

Commissioner Schinhofen

adjourned the meeting. APPROVED this day ATTEST: 2017 LJiç fl&c. ( (

Chair NyeJCoutty

Clerk I Deputy