August 15, 2017

Sheriff Wehrly

was not present at this time.

Commissioner Koenig

said at the bottom of page 6 the word “expired” should be “expires.”

Commissioner Koenig

made a motion to approve with the correction; seconded by

Commissioner Wichman

; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

stated he had to limit public comment to three minutes. Also, he and Commissioner Koenig were trying to get Title 6 back quickly.

Commissioner Schinhofen

then stated that after the Licensing and Liquor Board meeting on August 1, 2017, he realized that a motion on items 9 and 10 was not agendized. There was also confusion on the items with paperwork and applications. For those reasons he directed staff to work with the Chairman of the Licensing and August 15, 2017 6. Commissioners’!Manaaer’s Comments (This item limited to announcements or topicslissues proposed for future workshopslapendas)-Cont’d. Liquor Board and the District Attorney to set a meeting as soon as possible to correct that mistake.

Commissioner Wichman

clarified a statement she made at the June 6, 2017, meeting when discussing the brothel ordinance. When she referred to grandfathering she was responding to the individual at the microphone regarding on-site signs. Brothel signs required approval of the Board, but signs approved by prior Boards were grandfathered and requited no changes due to the new ordinance.

Commissioner Koenig

said on September 2, 2017, at 10:00 a.m., the monthly Donuts with the District Attorney would be held in the annex down by the pool. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Schinhofen

asked if the high school rodeo could still use it.

Mrs. Webster

said yes because they got their own insurance policy to cover it. She added that she also went through the broker to see if the County could get a rider for this, but she had not received a response yet. Pending decision by the Board for the handling of those chutes they had been locked for about two weeks now at her direction.

Commissioner Wichman

said the action on this item would be to uphold what the County Manager did until such time as the determination could be made if the taxpayers would be willing to pay for the riders. She thought this would have to come back when the County Manager had those answers. August 15, 2017 14. For Possible Action Discussion and deliberation to consider an add-on provision to the Town of Pahrump’s insurance policy which would provide additional benefits at an additional cost for activities performed at the Pahrumo Arena.-Cont’d.

Commissioner Koenig

noted one of the options Wayne Carlson gave was that the County should require individuals to sign a permit with a hold harmless and indemnification provision and provide evidence of insurance. The County should also immediately post appropriate signs prohibiting use as well as “Use At Your Own Risk” signage, which woutd help insulate the County in the future. He asked the District Attorney if that would protect the County. Angela Bello advised this did not come to the District Attorney’s Office to explore the potential liability issues, but what Commissioner Koenig said made sense. She thought that was already being done for groups, so she was not sure what Mr. Carlson was referring to. She said it was very unlikely that an individual would go out and get his/her own insurance policy and sign something. Ms. Bello said she would be happy to discuss the various options with the County Manager.

Commissioner Cox

pointed out Mr. Carlson also said the event that brought this letter about was quite some time ago and was not because of a bull. It was because someone got kicked in the head by a horse and died. She was not sure where riding a bull was any different from riding a horse and did not see why they could not buy their own insurance.

Ms. Bello

thought the issue was going to be the monitoring of that.

Mrs. Webster

said the concern she had was if they were open to the public someone could come and use them without the insurance coverage. Steve Pastorelli, chairman of the Arena Advisory Board, believed they should have been notified the chutes would be locked.

Commissioner Wichman

stated it was Mrs. Webster’s job when she becomes aware of a liability that would cost the County and put the County at risk to take care of it. She asked if they contracted with a rough stock provider.

Mr. Pastorelli

said not as the advisory board. He said there were two groups in town that owned bulls that needed to be bucked out and ridden on a regular basis, generally by the owners.

Commissioner Wichman

said individuals who provide rough stock for practices normally provide the insurance, If that was not being done they were putting themselves at more of a risk than Nye County.

Mr. Pastorelli

said they had insurance and waivers for everyone to sign. August 15, 2017 14. For Possible Action Discussion and deliberation to consider an add-on provision to the Town of Pahrump’s insurance policy which would provide additional benefits at an additional cost for activities performed at the Pahrump Arena.-Cont’d.

Commissioner Wichman

said all they needed to do then was put the Town of Pahrump on there as a rider, provide it to staff, and work out a schedule with staff to have someone there.

Mr. Pastorelli

understood the rough stock, but he said the people that went down and practiced had waivers and insurance and were riding their own animals.

Commissioner Wichman

said they had not provided those to the town.

Commissioner Schinhofen

thought providing the insurance ahead of time would solve this issue.

Commissioner Koenig

asked if it would be acceptable, if they had insurance, that they give a copy of that to the Town Manager and then arrange whenever they wanted to do the riding with Mr. Luis to unlock the chutes and lock them again when they were done.

Mr. Pastorelli

said he could not speak for the people who owned the bulls, but as an advisory board anything would be acceptable that would allow these people to use the arena as they felt they were being slighted. Robert Tibbits, a member of the Arena Advisory Board and a director of the Nevada Western Heritage Foundation, felt this was an attack on bull riders. He appealed to the Commissioners to keep the arena open for public use in any western lifestyle discipl ine. Sarah Cooke stated her son was a bull rider and wore proper protection. She felt the Board was discriminating against one group of kids. Michelle Chapel said her personal feeling was this was the first step in discrimination of their lifestyle. Lynn Shirky also felt this was discrimination starting with the bull riders. She asked the Board to do for the horse people what they did for everyone else. Dave Stevens agreed with requiring people to get their own insurance. Responding to Commissioner Koenig’s question, Mr. Luis explained the bull riding was brought to his attention when the high school rodeo became active on social media about bull riding going on. The question then came up about rough stock. The high school rodeo had their insurance in place and had the contractors they were using to buck out the rough stock on their insurance policy so the high school rodeo was August 15, 2017 14. For Possible Action Discussion and deliberation to consider an add-on provision to the Town of Pahrump’s insurance policy which would provide additional benefits at an additional cost for activities performed at the Pahrump Arena.-Cont’d. covered. Mr. Luis agreed with Commissioner Koenig that if everyone else had insurance and he knew what they were going to do there would not an issue.

Commissioner Cox

asked if the town had a policy regarding locking the chutes down unless there was insurance.

Mrs. Webster

said the town did have an event policy that spelled out the insurance requirements, but it did not address practice.

Commissioner Cox

suggested providing keys so only certain people could use the chutes until this was figured out.

Commissioner Schinhofen

asked the other Commissioners if they agreed with people turning in their liability forms and scheduling with Mr. Luis, but leaving the chutes tacked until the liability insurance was determined.

Commissioner Cox

did not want to leave them locked. Her solution would be to open them up, have a list of names go to Mr. Luis, and have those people sign a hold harmless agreement.

Commissioner Koenig

asked if a release of liability versus having an insurance policy would work.

Ms. Bello

said it might for the person on the back of the bull, but it would not to do anything for the third party who walked through. She thought things like warning signs could provide protection, but there were a lot of things to explore and talk about. With regard to the liability insurance, Mrs. Webster asked the Commissioners to delegate to her the ability to enact the rider within a certain dollar range as executing the rider herself would allow her to open the chutes.

Commissioner Schinhofen

suggested Mrs. Webster could make the decision up to $25,000.00 and if it was higher than that then have it on the next agenda. In the meantime the high school could go out and buck and if stock owners wanted to go out they needed to turn insurance into Mrs. Webster and Mr. Luis would open the gates. Commissioners Koenig and Wichman agreed with that.

Commissioner Cox

noted that according to the old town policy Mrs. Webster was authorized up to $50,000.00. August 15, 2017 14. For Possible Action Discussion and deliberation to consider an add-on provision to the Town of Pahrump’s insurance policy which would provide additional benefits at an additional cost for activities performed at the Pahrump Arena.-Cont’d.

Mrs. Webster

said that was true, but her question was if the Board wanted to spend $50,000.00 to cover this particular activity.

Mr. Luis

stated $1 million was what they would need to carry like all the other sports groups. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS 7. 10:00 For Possible Action Community Development Block Grant CCDBG) — — Public Meeting: 1) Overview of the CommuniW Development Block Grant (CDBG) program; 2) Summary of Past Performance by Nye County with CDBG funding since 1982; and 3) Invite public to provide project ideas, and input on past or potential projects. Danielle Drevdahl, the County Grants and Contracts Manager, explained this program was administered by the Department of Housing and Urban Development. The purpose of the funding was to help with community projects such as housing or anything that presented economic development opportunities. Ms. Drevdahl reviewed the future meeting dates, what was required at each one, and stated applicants could submit their projects directly to her. 8. 10:15 For Possible Action Presentation, discussion and deliberation on — — proceeding with the design and construction of the fountain at Calvada Eye. Beth Lee from Valley Electric Association (VEA) explained the fountain had not been operating for about a year now. The annual cost to operate it was a little over $7,400.00 and it would cost a little over $16,000.00 to fix it. Ms. Lee said VEA would like to make the fountain safe for their workers and the public, and they wanted it to be efficient in terms of electricity and water.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig.

Commissioner Koenig

asked if the design had to be chosen right now.

Ms. Lee

said they were asking the Board to just approve moving the project forward. VEA was working with architects to come to a final design. The mock-ups in the back up were just the general vision and VEA would bring back a final decision. August 15, 2017 8. 10:15 For Possible Action Presentation, discussion and deliberation on — — proceeding with the design and construction of the fountain at Calvada Eye Cont’d.

Commissioner Wichman

modified her motion to continue moving on; Commissioner Koenig modified his second. John Bosta thought the design looked like something someone would have in their back yard. He also understood the fountain was damaged by an electric company’s truck and he wondered why it would not be their responsibility to repair it. Joe Burdzinski said his family had traditionally taken photographs in front of the waterfall and thanked the Commissioners for taking care of this. Don Cox did not agree with tearing the fountain down. He did agree with Mr. Bosta that the electric company should fix it.

Commissioner Schinhofen

asked why it should be upgraded.

Ms. Lee

explained the inefficiencies included water loss, debris blowing into the filters and pumps, vandalism to the pumps, and aged lighting. VEA proposed to address those issues and make it run more efficiently. The fountain also currently did not have water or wind sensors so mechanisms were included in the proposal to allow VEA to remotely control the fountain instead of sending a two-man crew out to the site to shut things down. Addressing the comments that it looked like a back yard fountain, Butch Cable, Manager of Support Services at yEA, said that was a rough drawing of what VEA was looking to do and a final design would be brought back before moving forward. As far as cost, Mr. Cable stated that would be determined once they decided on the final design, but it would probably be a little more than $16,000.00.

Commissioner Koenig

suggested renovating the existing fountain as it seemed the body of it could be used with new pumps that were more energy efficient.

Mr. Cable

said that could be done, but it would not change the safety issues inherent in the current facility. There was a vault that employees had to go into that had to be air monitored and part of the new design would be to remove that vault.

Commissioner Cox

said she had no problem with keeping the old structure and working around it. She felt the inefficiencies could be handled by puffing in new pumps and lighting and the design should be left alone as it was a piece of history. If the motion was changed to reflect that she would support it; otherwise she would not.

Commissioner Koenig

asked who owned the present fountain, to which Pam Webster responded the County did. She also advised it was not a VEA truck that hit it. It was a August 15, 2017 8. 10:15 For Possible Action Presentation, discussion and deliberation on — — proceeding with the design and construction of the fountain at Calvada Eye Cont’d. private pick-up truck and the County did not have an insurance quote on what they would pay for the settlement.

Commissioner Wichman

stated her motion stood, but she clarified that number one in priority was the safety hazard in the vault. She encouraged the creative team to try to preserve any historical visual points to keep the fountain as close as possible to what was there now.

Commissioner Schinhofen

opened the public hearing.

Commissioner Wichman

made a motion to continue the public hearing to the next meeting in Pahrump; seconded by Commissioner Koenig; 4 yeas. 10. 11:00 For Possible Action Public Hearing, discussion and deliberation on — — ZC-2017-000014: a Zone Change application to change approximately 88.0 acres from the Mixed Use (MU) Zoning District to the Village Residential (VR-8) Zoning District and the Open Space, Parks & Recreation (OS) Zoning District, further described as all parcels within lshani Ridge Subdivision Phases 1 & 2, Township 20 South. Range 53 East, Section 15. The following parcels are proposed to be zoned VR-8: all parcels within Ishani Ridge Subdivision Phases I & 2 excluding Common Element lots A, B, C and D, community park lot, and well lot. The following parcels are proposed to be zoned OS: Common Element lots A, B, C and D, community park lot, and well lot. Multiple Property Owners. Pahrump Regional Planning Commission Applicant. Total of 256 parcels. Darrell Lacy, Planning Director, explained these were 256 parcels that were zoned mixed use and a subdivision map then divided them into single family lots. The subdivision had gone through bankruptcy, and at the last tax sale several people bought lots under the old zoning. He wanted to clarify it to avoid any confusion moving forward.

Commissioner Koenig

made a motion to approve ZC-2017-000014; seconded by

Commissioner Schinhofen

opened the public hearing. August 15, 2017 10. 11:00 For Possible Action — — Public Hearina, discussion and deliberation on ZC-201 7-00001 4-Cont’d. Kenny Bent wondered if a final subdivision map had been done. He also expressed his concerns on how this would affect the already existing water problems and felt this was a no-go until a final map was approved. John Bosta said the new extension should be based on existing rules and regulations.

Commissioner Schinhofen

closed the public hearing.

Commissioner Cox

asked for an estimate on how many people would be put into this area if they moved in and filled up the lots at the sizes they were proposed to be.

Mr. Lacy

advised this was an already established subdivision and his recommendation was to take it to the single family zoning which would reduce the future population and foreclose people coming in the future for commercial or multi-family activities.

Commissioner Cox

said she was not happy with this proposal.

Commissioner Koenig

made a motion to approve MP-201 7-000004 and ZC-201 7- 000015; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Wichman

made a motion to approve items 15-21; seconded by

Commissioner Koenig

said he wanted to pull item 21 for discussion.

Commissioner Wichman

amended her motion to approve items 15-20; Commissioner Koenig amended his second; 4 yeas. August 15, 2017

Commissioner Wichman

made a motion to approve items 15-21; seconded by

Commissioner Koenig

said he wanted to pull item 21 for discussion.

Commissioner Wichman

amended her motion to approve items 15-20; Commissioner Koenig amended his second; 4 yeas.

Commissioner Wichman

made a motion to approve items 15-21; seconded by

Commissioner Koenig

said he wanted to pull item 21 for discussion.

Commissioner Wichman

amended her motion to approve items 15-20; Commissioner Koenig amended his second; 4 yeas.

Commissioner Wichman

made a motion to approve items 15-21; seconded by

Commissioner Koenig

said he wanted to pull item 21 for discussion.

Commissioner Wichman

amended her motion to approve items 15-20; Commissioner Koenig amended his second; 4 yeas.

Commissioner Wichman

made a motion to approve items 15-21; seconded by

Commissioner Koenig

. August 15, 2017 19. For Possible Action Approval to accept a Grant Award from the Aging and Disability Services Division (ADSD) for Nutrition Services Incentive Program (NSIP) to provide commodity food funds for the nutrition program in Amargosa Valley. Beatty and Tonopah Senior Centers in the amount of $5,363. This grant will be administered out of Fund 10281 Senior Nutrition and there is no County match required.-Cont’d.

Commissioner Koenig

said he wanted to pull item 21 for discussion.

Commissioner Wichman

amended her motion to approve items 15-20; Commissioner Koenig amended his second; 4 yeas.

Commissioner Wichman

made a motion to approve items 15-21; seconded by

Commissioner Koenig

said he wanted to pull item 21 for discussion.

Commissioner Wichman

amended her motion to approve items 15-20; Commissioner Koenig amended his second; 4 yeas. PLANNINGIBUILDINGICODE COMPLIANCE

Commissioner Koenig

made a motion to approve; seconded by Commissioner Wichman; 4 yeas. August 15, 2017 31. For Possible Action Discussion and deliberation to: 1) apply for annexation into the Pahrump Utility Company, Inc (PUCI) water/sewer service area; and 2) direction to staff to work with PUCI, for a 5 acre parcel owned by Nye County. Assessor Parcel Number 045-131-49, zoned Commercial Manufacturing (CM).

Commissioner Koenig

made a motion to annex not to exceed $5,000.00; seconded by

Commissioner Wichman

; 4 yeas. The Board was in recess until 1:30 p.m. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 12. General road report by Public Works Director Tim Carlo, Public Works Director, said the main thing was flood repair from Pahrump to northern Nye County.

Commissioner Wichman

said from the old town of Ophir to the top need some touch up so people could get to the crest trail. She asked Mr. Carlo to let her know if he did not have authorization as she had an FIA meeting coming up and would see if the Forest Service could help.

Commissioner Koenig

asked if there would be any new bids in the neat future.

Mr. Carlo

confirmed in the near future, but he was not certain on the exact deadline. Savannah Rucker said they were still doing research to verify funding sources for the project. She hoped to have an answer very soon.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 13. For Possible Action Discussion and deliberation regarding a Public Safety Sales and Use Tax Spending Plan for Pahrump Valley Fire Rescue for FY18.

Commissioner Koenig

made a motion to approve the purchase of the new fire engine at a value not to exceed $650,000.00; seconded by Commissioner Wichman. Scott Lewis, Pahrump Fire Chief, explained this was actually a deferred capital improvement project and they were just asking to have it moved to a PSST funded project. August 15, 2017 13. For Possible Action Discussion and deliberation regarding a Public Safety Sales and Use Tax Spending Plan for Pahrump Valley Fire Rescue for FY18.- Cont’d. Savannah Rucker added they were currently looking for a national contract to piggyback on.

Commissioner Wichman

made a motion to remove the member from the Beafty Library Board; seconded by Commissioner Cox; 4 yeas. CONSENT AGENDA ITEMS-Cont’d. 21. For Possible Action Approval of a lease agreement with the Nevada Department of Information Technology Services for microwavelradio rack space rental at various locations.

Commissioner Koenig

said he was concerned with the expenditure impact by fiscal years stated as $23,464.76 for the four years. Since the County would get credits from August 15, 2017 21. For Possible Action Approval of a lease agreement with the Nevada Department of Information Technology Services for microwavelradlo rack space rental at various Iocations.-Cont’d. the State for allowing use of the antennas he believed that number should be $10,665.75 for every year. Lorina Dellinger explained the contract itself reflected the accurate figures.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Wichman; 4 yeas. COUNTY MANAGER 27. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2017-74; a Resolution of intent to sell properties at an auction. This item was removed from the agenda. HIR AND RISK MANAGEMENT 28. For Possible Action Discussion and deliberation to fill a vacant Deputy —.

Sheriff Position

#85010-045 in the Sheriff’s Office effective December 18, 2017 due to the employee resigning August 26, 2017.

Commissioner Koenig

made a motion to approve position #85010-045 and skip the 90 days; seconded by Commissioner Wichman; 4 yeas. PLANNINGIBUILDINGICODE COMPLIANCE 29. For Possible Action IA-2017-000016: Discussion and deliberation to release obligations approved pursuant to Subdivision Improvement, Maintenance and Warranty Aareement Document # 708748 under Application Number: IA-06-00006 for the Final Map of Celebrate Homes at Mountain Falls Parcel 3-3A Unit I as shown on that certain map on File in the Office of the Nye County Recorder, File # 682817 of official records, lying within Section 4, Township 21 South, Range 54 East, M.D.M., Town of Pahrump, containing approximately 21.54 gross acres. Applicant Taney Engineering

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 4 yeas. August 15, 2017 30. For Possible Action Discussion and deliberation reaardina a request to: 11 Set a date, time and location for a Public Hearina on Nve County Bill No. 2017-1 8: A Bill proposing to amend the Development Agreement between Nye County and LI. Development, LLC, and Pahrump Utility Company, Inc. for the Indian Road Subdivision; 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 as September 19, 2017, at 11:00 a.m., in Pahrump; seconded by Commissioner Cox; 4 yeas.

Commissioner Koenig

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

Commissioner Koenig

made a motion to support the recommendation of the RIC and approve the 201 7-2018 budgets; seconded by Commissioner Wichman; 4 yeas. SHERIFF 26. For Possible Action Discussion and deliberation regarding a renewal of a WholesalelRetail Fireworks Permit for D & T Imports, Inc. dba Area 51 Fireworks located at 1381 E. Hwy 372 in Pahrump. NV. Tim McKoy Applicant. Callie Stark from the Sheriffs Office confirmed all paperwork was in order.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 4 yeas. PLANNING/BUILDINGICODE COMPLIANCE-Cont’d. 33. Presentation and reporUstatus of open, and ongoing code compliance cases in the Pahrump Regional Planning District and Nye County. Code Compliance Officer Amanda Van Houten said this was only for the Pah rump Regional Planning District and she was working on the ones outside of that area. She reviewed the status of the 80 cases she was working and said she had a caseload of 209.

Commissioner Schinhofen

said he hoped to see something to speed these up. August 15, 2017 33. Presentation and reporUstatus of open, and ongoing code compliance cases in the Pahrump Regional Planning District and Nye County.-Cont’d. Pam Webster said an ordinance for structural deficiency emergency abatement was enacted and staff was looking at now bringing forward another ordinance to deal with emergency abatement of other health and safety issues.

Commissioner Wichman

asked Ms. Van Houten about the property at 571 Fehrs Way, which Ms. Van Houten said she would check on. Ms. Van Houten then answered the Commissioners’ questions regarding the status of Red Rock, 2300 Blosser Ranch Road, and Gamebird towards the fairgrounds.

Commissioner Wichman

said the County was responsible for providing the equipment and the training. It was up to the people on the volunteer EMS service to show up for the training.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of çk3’ ,2017. 2J &cL(\

Chair NyeiCouky

Clerk I Deputy