May 15, 2018

Commissioner Koenig

advised staff said it was fine and Mr. Baut could talk on that item when it came up. Dwight Lilly invited the well owners to attend the meeting on Thursday at 10:00 am, at the Pahrump museum. Ron Fairbairn said tomorrow from 5:00 p.m. to 8:00 p.m. there would be an informational about the CABNC (Citizens Against Brothels in Nye County) so people May 15, 2018 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first)-Cont’d. could come and get information. He asked the Commissioners to sign the petition to get it on the ballot for people to vote yes or no. Keith Walker, one of the original signatories of the initiative to provide the residents of Nye County a chance to voice their position as to whether they supported the current brothel ordinance, said he did not support the ordinance on moral grounds, but the petition was just to give the residents a chance to vote yes or no on the issue, not to close brothels. Mr. Walker said he would like to see some solid statistics on the alleged loss of money to the County if the brothels closed. He thought that information would enable the citizens to make more educated decisions and he encouraged the Board to make those numbers available. Diane Southworth said on May 19, 2018, from 10:00 am. to 7:00 p.m. the Pahrump Arts Council would have an arts and souls event at the Calvada Eye. The Democratic Party would also be there to register voters. Dave Stevens said he would vote against brothels. Debra Strickland advised the hearing was held on May 10, 2018, regarding Order 1293. Judge Maddox took testimony at the hearing, but did not stay the order at that time. He was going to have another hearing on September 5, 2018, after reviewing the testimony. Trudy Kevoyan, the general manager at the Chicken Ranch Brothel, commented on the petition. She said public safety, health and welfare were why there were legal licensed brothels. STDs were not a problem in the brothels, but they were a problem in illegal prostitution along with pimps dealing drugs, committing crimes against tourists, and trafficking women and underage children. She said the Chicken Ranch working ladies practiced safe sex, no service was done without condoms, and all gentlemen were checked prior to receiving service. Mark Connot, representing Sheri’s Ranch, responded to the information regarding their revenue generated. He thought it was important for the public to understand there were license fees and taxes to be paid, but Sheri’s Ranch also employed people separate from the prostitutes. They spent $1 million a year on local wages and transactions with local vendors. Mr. Connot thought the singular focus on just the license fees being paid was disingenuous. Horace Carlyle said at the Tonopah Town Board meeting on May 10, 2018, County Bill 2018-03 was considered. He pointed out this area was a frontier community, not Pahrump. Per NRS the Board had absolute planning authority and did not need to have a PRPC, but he thought for balance there needed to be a regional planning board May 15, 2018 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first)-Cont’d. where all communities were represented so people could participate based on their needs. John Zrofsky talked about the designated truck route on West Leslie which had become a dangerous area. The roadway was undersized, which was evident when large vehicles left the RV park, went down the roadway at high speed and drove off the edge destroying it. He suggested either taking out the asphalt and putting gravel down or building a road that made sense to the community and provided for the safety of the children. He also felt deputies needed to patrol that street to enforce the speed limit.

Commissioner Wichman

stated on page 5 under item 8 “gross national product” should be “gross regional product.” Also, under item 39 she remembered giving a disclosure statement even though she voted, but there was no reference to the disclosure and she asked the Clerk to double check that.

Commissioner Wichman

made a motion to approve with those corrections; seconded by

Commissioner Schinhofen

; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

asked to have the figures for the brothels on the next meeting.

Commissioner Wichman

said she was invited by the Legislative Committee on Public Lands to provide a 20 minute presentation on Nye County, which she put together along with speaker’s notes if anyone was interested. It would be at 9:00 am. on Friday in Hawthorne. May 15, 2018 6. Commissioners’IManager’s Comments This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Koenig

noted at a previous meeting there were some questions about the fountain at Highway 160. He was hand-delivered a letter from Valley Electric the other day which said although it had been a privilege to participate in the restoration effort they returned the responsibility of fountain maintenance to the County. Since there would no longer be any financial help from them it would be back to the County to do something with the fountain.

Commissioner Schinhofen

said on May 26, 2018, there would be a Welcome to Your Course tournament sponsored by Nevada Realty and himself at the Lakeview Executive Golf Course now owned by the town. The cost was $25.00, which included a sandwich and a soda. there would also be a raffle to raise money to build a cart barn. People could contact Tony Carlo or Commissioner Schinhofen to sign up.

Commissioner Borasky

said he could find sponsors to take over the responsibility of the fountain and fund it. He would talk to the County Manager and submit an agenda item to cover it. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

Commissioner Schinhofen

asked for an explanation of the truck route. Acting Public Works Director Tim Dahi said the truck route approved by the Commissioners was essentially just a way to ensure the trucks had a mechanism to get to and from their deliveries. Some of the confusion was who was allowed to use those truck routes. Local deliveries were local deliveries and they should be allotted the ability to use any roads, not just truck routes. He said they had started to sign some of the more major roads like BeN Vista, Leslie, and a few others to specifically identify them as truck routes.

Commissioner Schinhofen

asked Mr. DahI to get a pavement condition index for the areas of Leslie as the concerns were they were too narrow.

Mr. DahI

then provided the Commissioners with a few updates on their specific items. He advised Commissioner Wichman the sign at the Toquima intersection he believed was back up and he also just got approval from NDOT to construct the Round Mountain sign. Once that was constructed he would take it to Tonopah and NDOT would have it installed. Regarding the intersection of Highway 160 and Calvada, dual left turn lanes on Homestead going onto Highway 160, and the reduction of speed signs on the corridor, Mr. DahI advised Commissioners Borasky and Koenig he had a request into May 15, 2018 NDOT to look into all three of those matters along with a request to update the signals for the hearing impaired. Since it seemed Great Basin was dragging their feet, Commissioner Schinhofen asked if the top of the road could be covered with chip seal so it could be opened if they finally got their plans.

Mr. DahI

said just as he decided to do that he got an e-mail from Great Basin Water Company that said they were in the process of finalizing their plans and anticipated being able to submit a plan to move forward on or before June 1, 2018. However, if it was the will of the Board he would do it as the cost was minimal.

Commissioner Koenig

said he had a conversation with a lady before the meeting. She was driving Blagg at Bell Vista going north the other day and it took out the CV joint on her car. The road was really rough and Commissioner Koenig asked if there was something that could be done.

Mr. DahI

said he would address it.

Commissioner Borasky

commented on the need for some regulation when someone cuts through a County road that they had to repair it within so many hours or a very few days. He then asked ii the State responded to the request for the left turn lanes.

Mr. DahI

said not yet. He sent in the request to both the safety officer and the NDOT director who were both looking into the matter. He anticipated them wanting to meet in the field and he would invite Commissioner Borasky to that.

Commissioner Borasky

asked if there was any movement by the State on the Purple Heart signs.

Mr. DahI

said he had not heard anything back on that request either. In NDOT’s defense though, he said they tended to take a little longer to make decisions but he would follow up with each one of these before the next Board meeting.

Commissioner Wichman

thought she heard Mr. DahI say that he was doing something on the signs for the hearing impaired.

Mr. DahI

said it was not the signs. It was upgrading intersection signals so there was an audible alarm for them to be able to cross the crosswalks.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. May 15, 2018 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAl-tRUMP

Commissioner Schinhofen

made a motion to accept the grant; seconded by

Commissioner Wichman

. David Goldstein, Public Outreach Chair for the Southern Nevada Chapter of the International Code Council, the local building officials in the southern Nevada area, first pointed out a typographical error on the agenda item. The amount was S2,500.00, not $2,000.00. He said they were working on their budget for next year and it looked like they would have a similar grant. This year they would give over $21,000.00 to all Clark and Nye County programs. He said their goal was to try to minimize the drowning affect by teaching toddlers how to swim. Mr. Goldstein then presented the Board with the check.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. May 15, 2018

Commissioner Schinhofen

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

Commissioner Schinhofen

made a motion based on staff recommendation to award the contract to Clark County Collection Service, Bid No. 2018-03 for ambulance collections services, and fund from 25520, Pahrump Ambulance; seconded by Commissioner Borasky; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS PUBLIC PETITIONER

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. TIMED ITEMS 7. 10:45 For Possible Action Public Hearing, discussion, and deliberation to — — issue an Outdoor Festival License to Pahrump Disability Outreach Program for the PDOP Pumpkin Days to be held October 19-21, 2018 at the Ian Deutch Memorial Park, 1600 Honeysuckle Street, Pahrump, Nevada.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve items 28-31; seconded by

Commissioner Wichman

; 5 yeas. 29. For Possible Action Approval to set the date and location for the second meeting in August of the Board of Commissioners for Tuesday, August 21, 2018 in Pahrump, Nevada.

Commissioner Schinhofen

made a mofion to approve items 28-31; seconded by

Commissioner Wichman

; 5 yeas. 30. For Possible Action — Approval of Affidavit of Mailing of Delinguent Notices per NRS 361.5648.

Commissioner Schinhofen

made a motion to approve items 28-31; seconded by

Commissioner Wichman

; 5 yeas. 31. For Possible Action Approval of Return of Sale and Affidavits of Publication per NRS 361.595 for the Nye County Trust Property Auctions held on April 16, 2018 and April 18, 2018.

Commissioner Schinhofen

made a motion to approve items 28-31; seconded by

Commissioner Wichman

; 5 yeas. BOARD OF COMMISSIONERS 32. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 33. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. May 15, 2018 34. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 35. For Possible Action Discussion and deliberation regarding providing funding to the Veterans of Foreign Wars and Auxiliary Post 10054 (VFW) for the purpose of upgrading their kitchen. This can be funded from Fund 10210 Veterans Services Department.

Commissioner Borasky

explained this was his item. The VFW had been doing some improvements on the property and he believed this should qualify for County approval. He added they had donations for paving and they just finished the well.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Sc hi n hofe n.

Commissioner Schinhofen

said Weilness Orchards also donated $2,500.00 for this.

Commissioner Schinhofen

said this item was an expansion of the raceway and he appreciated the Chairman having no homes put in the agreement. He noted all the work they had done, the money they had put in, and the hundreds of jobs they had created. May 15, 2018 8a. For Possible Action — Public Hearing, discussion and deliberation on MP 201 8-000008-Cont’d. 8b. For Possible Action — Public Hearing, discussion and deliberation on ZC 201 8-000022-Cont’d.

Commissioner Schinhofen

made a motion to approve MP-2018-000008 and ZC-2018- 000022; seconded by Commissioner Borasky.

Commissioner Koenig

stated that although the map in the back-up was confusing, this was only for the 604.86 acres. The conditions were there would be no homes built which he had changed from single-family homes.

Commissioner Cox

was concerned that it appeared to be crossing Carpenter Canyon Road and taking in the Wheeler Pass Road and asked if that would be an issue. Planning Director Brett Waggoner explained it would be bordered on one side by Wheeler Pass Road, but it would not go over Carpenter Canyon.

Commissioner Koenig

opened the public hearing. John Bosta asked that his comments be reflected in the minutes along with his written document [attached]. He asked if the BLM and the County had done due diligence addressing the environmental impact to the citizens living on the fan and valley floor. He also wondered if hotels and other facilities to house people would be included in the future. He pointed out that today’s modern race vehicles were capable of higher engine speeds. That combined with the extended length of the raceway would allow vehicles to increase speed and generate more noise and pollution. Mr. Bosta felt the environmental impact study and report should be done before this item was approved. Debra Strickland said there was a lot of confusion at the RPC meeting regarding the 13,000 acres defined in the paperwork. The RPC chairman on five separate occasions stated it needed to be further defined. She thought the best way to do that was to define the 604 acres by township, range and section. Mrs. Strickland also felt it would impair both roads into Wheeler Pass and Carpenter Canyon.

Mr. Waggoner

said per NRS they had to notice everyone that touched the 604 acres contained in this parcel. He pointed out that in the back-up was a map provided by Spring Mountain which he believed delineated what portion of the 13,000 acre parcel was being talked about. Angela Bello said in the back-up the RPC had recommended five conditions of approval. Commissioner Schinhofen addressed the first one and she wanted to be sure he was not intending to adopt the other conditions. May 15, 2018 Ba. For Possible Action — Public Hearing, discussion and deliberation on MP 201 B-000008-Cont’d. 8b. For Possible Action — Public Hearing, discussion and deliberation on ZC 201 8-000022-Cont’d.

Commissioner Schinhofen

restated his motion to approve based on staff finding and the RPC recommendations for conditions of approval; Commissioner Borasky restated his second. Vivian Wilkinson said her concern was the precedent of the zoning. The words heavy industrial scared her and she wondered if it would set a precedent and eventually the whole 13,000 acres would be zoned heavy industrial. She described the beautiful habitat that would be affected by that. She also wondered if it was on the BLM disposal list and if she should contact them as she did not want it to be disposed of.

Commissioner Koenig

said no. The 13,000 acres remained as they were today and she would need to contact BLM about the disposal. John Zrofsky expressed his concern with the potential additional noise and fumes along with how this would affect the water shortage in the valley. He asked the Board to consider not turning this into the world’s largest racetrack. Dwight Lilly spoke in favor of the race track expansion as he had seen nothing but good come from it so far. His only concern was the lack of detail in the item and he thought it would be smart to come back when the map was laid out.

Commissioner Koenig

closed the public hearing.

Commissioner Koenig

said there was a legal description of the requested public lands in the back-up showing the exact description.

Commissioner Schinhofen

said Green Life Products was spoken of very highly in the State and was the first one the County issued a license to.

Commissioner Schinhofen

made a motion to approve SU-2018-000050 and SU-2018- 000051; seconded by Commissioner Wichman.

Commissioner Koenig

opened the public hearing. John Bosta asked that his comments be included in the minutes along with his written document [attached]. He said these permits were for marijuana cultivation and production located in a light industrial zone, which was in violation of AB487. The County did not have the authority to approve marijuana within the city. Mr. Bosta advised this question would go before the Legislative Council Bureau to establish what the law actually said and he believed the action taken today was in violation of that act. Debra Strickland said she agreed with granting the permits.

Commissioner Koenig

closed the public hearing.

Commissioner Borasky

stated the back-up said it was for recreational use so he would not vote for it. Angela Bello wondered if the mandatory and special conditions listed in the back-up were part of the motion.

Commissioner Schinhofen

stated when he motioned to approve it was based on staff findings and recommendations.

Commissioner Schinhofen

restated his motion to approve SU-2018-000050 and SU 2018-000051 with all conditions stated in the back-up; Commissioner Wichman restated her second. May 15, 2018 9a. For Possible Action — Public Hearing, discussion and deliberation on SU 201 8-000050-Cont’d. 9b. For Possible Action — Public Hearing, discussion and deliberation on SU 2018-000051 -Cont’d.

Commissioner Schinhofen

asked who had the authority to do planning and zoning, to which Brett Waggoner responded Nye County.

Commissioner Cox

asked if they were going to move from their current location to this location, not a second location. Mike Floyd, the applicant, explained this was just getting the property zoned for marijuana use, but they had no plans to move there right now. The plans were to expand where they were, but in the future they might move over there although the intent was to sell the property.

Commissioner Borasky

noted it stated the applicant would construct a new building on the site for both cultivation and production. That was the way it was proposed to the RPC and he thought to now say they were not going to build anything was improper.

Mr. Floyd

explained they needed to turn in an application with a drawing proposing what they were going to do, which he did. It would be a piece of property for sale zoned light industrial and he just wanted to get it zoned so people could use it for that purpose. He understood the SUP lasted for 18 months and in that time if nothing happened then the SUP would go away. Mr. Floyd said initially this was where they were going to build their facility until they found they were 20 feet away from where they had to be to use the site they were on. He apologized if it was misleading as that was not his intent.

Commissioner Schinhofen

said no one knew what would happen in the future. His motion was based on Mr. Floyd’s past performance and he had every right to rezone it.

Commissioner Wichman

said her second stood as well.

Commissioner Koenig

asked if the Code for the SUPs asked for business plans.

Mr. Waggoner

said certainly or at least intent of what their plans were.

Ms. Bello

noted in the back-up it looked like they applied for a waiver of the business plan.

Mr. Waggoner

explained the SUP was tied to that parcel for a marijuana establishment regardless of the applicant and obviously an applicant’s record would weigh into the Board’s decision. May 15, 2018 9a. For Possible Action — Public Hearing, discussion and deliberation on SU 201 8-000050-Cont’d. 9b. For Possible Action — Public Hearing, discussion and deliberation on SU 201 8-000051 -Cont’d.

Commissioner Schinhofen

made a motion to adopt Bill No. 2018-08 as presented in the back-up with an effective date of June 4. 2018; seconded by Commissioner Wichman.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Schinhofen

said he knew this had been through the process, but he was not comfortable with five feet and was not willing to make a motion.

Commissioner Koenig

opened and closed the public hearing. The item died for lack of a motion. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Wichman

assumed the Chair of the Licensing and Liquor Board. May 15, 2018 BROTHEL 13. For Possible Action Discussion and deliberation to issue a Brothel License to Sky Services, Inc, dba Alien Cathouse, located at 2703 E. US 95, Armargosa, NV 89020. Ramin Sharma is the Applicant. Nye County Sheriff’s Office Detective Chris Sehnert said he had nothing negative to report, only that he knew there was a review of the ease.

Commissioner Koenig

noted the lease agreement said the lessor was Area 51 Land, Inc., but the County’s records showed the ownership as being Lathrop Wells, LLC. Ramin Sharma, the applicant, said that was Dennis Hot, the previous landowner. He still owned it, but once everything was settled it would be owned by Area 51 Land, Inc.

Commissioner Koenig

asked if Mr. Hof was selling to Area 51 Land, Inc., and then leasing to Mr. Sharma, which Mr. Sharma confirmed.

Commissioner Koenig

then pointed out the lease would commence on July 2, 2018.

Mr. Sharma

explained if this was approved today then that date would change to June 17 or 18, 2018. He was not sure when he was going to be on the agenda so the lease was made contingent on the date changing once the license and permit were issued.

Commissioner Koenig

made a motion to approve effective June 17, 2018, with the condition that a new lease agreement was received effective June 17, 2018; seconded by Commissioner Cox.

Commissioner Schinhofen

pointed out that Lathrop Wells, LLC, was the recorded owner of the land. He did not understand how they could lease land they did not own.

Mr. Sharma

said if the licensing and everything was approved then escrow would close on May 16 or 17, 2018, and Area 51 Land, Inc. would be the sole owner of the property.

Commissioner Schinhofen

said there were too many questions here for him to approve this at this point. He agreed with the motion, but asked Commissioner Koenig to amend it to include the lease of the land. Marc Risman, attorney for the applicant, was present via telephone and asked to have the motion repeated.

Commissioner Koenig

restated his motion to approve effective June 17, 2018, with the condition they come back with a lease agreement that showed a date of June 17, 2018, and he amended it to also ask that they come back with proof that Area 51 Land, Inc., owned the land instead of Mr. Hot because the lessor was Area 51 Land; Commissioner Cox amended her second. May 15, 2018 13. For Possible Action Discussion and deliberation to issue a Brothel License to Sky Services, Inc, dba Alien Cathouse, located at 2703 E. US 95, Armargosa, NV 89020. Ramin Sharma is the App)icant-Cont’d.

Mr. Risman

believed escrow was waiting for Commission approval on certain matters. He said the transfer to Area 51 Land would be completed within two or three days. He asked how soon the Board would like all of the information and if the applicant could operate until that time.

Commissioner Koenig

said he gave a date of June 17, 2018, so everything had to be locked in by then and they could not operate under Mr. Hofs license.

Commissioner Wichman

suggested approving conditioned on when all of that was in order and all conditions of approval were met.

Commissioner Koenig

amended his motion to leave the date open conditioned upon getting all the correct paperwork that showed the transfer to Area 51 Land and the ease between the proper parties; Commissioner Cox amended her second. Debra Strickland said it had become customary with the Planning Department to demand that the Recorder’s Office show on the Assessor’s page that the deed had been recorded. She asked that the Board be provided with the recorded deed instead of waiting for the Assessor.

Commissioner Koenig

said this was not in the PRPD so that was not important. Dave Stevens disagreed with giving the applicant anything. John Bosta said he sent Mr. Hof an e-mail asking him about this. Mr. Hof said if this was approved then the escrow would close immediately following and he would be out of the brothel business in Amargosa Valley. Mr. Bosta supported approval of this.

Commissioner Koenig

pointed out there were a lot of open items here, including the application paperwork. May 15, 2018 18. For Possible Action Discussion and deliberation to issue a Temporary Retail Liquor License to Sky Services, Inc, dba Sky Bar, located at 2703 E. US 95, Amargosa, NV 89020. Ramin Sharma is the Applicant-Cont’d. Detective Christopher Sehnert advised the paperwork was complete at this time and things they were missing were now present, including a copy of the lease.

Commissioner Koenig

made a motion to approve.

Commissioner Schinhofen

said this was the bar located inside the brothel and asked

Commissioner Koenig

to make the same condition, that they could not operate the bar until they had the brothel.

Commissioner Koenig

amended his motion to approve with the same conditions as the last item. Ramin Sharma said once he got approved escrow would close.

Commissioner Borasky

voted no. 14. For Possible Action Discussion and deliberation to chanqe the name of the business only. Pahrump Hotel Partners Inc located at 1101 S. Hwy 160, Pahrump NV 89048. The business name is being changed from “Draft Picks” to “Pour House”. Sukhbir Ohillon is the Applicant/Owner. Detective Chhstopher Sehnert confirmed everything was in order.

Commissioner Koenig

made a motion to approve seconded by Commissioner Schinhofen.

Commissioner Schinhofen

asked if the sign was changed already. Detective Sehnert said some of them had been and he included pictures in the back-up.

Commissioner Schinhofen

thought it was clear over the last year and a half that the Board was serious about enforcing the privilege licenses. He said name changes should be brought to the Board before they were done and asked everyone to please read and know the Code.

Commissioner Schinhofen

asked to have his comments about following the Code passed onto the owners.

Commissioner Schinhofen

made a motion to approve with the condition they remove the mobile sign they had on the highway; seconded by Commissioner Koenig.

Commissioner Koenig

pointed out that on item 14 everything on the fictitious firm name was shown, but this one was redacted. He wondered which way it should be done.

Commissioner Wichman

said there was no reason to redact a business address.

Commissioner Koenig

noted this was a temporary license.

Commissioner Wichman

asked if they needed a little more time. Detective Sehnert advised he spoke with the applicant who stated he would have the lease and everything else resolved by the end of this week to hopefully open this weekend, but Detective Sehnert explained to him things were not done that way in Nye County.

Commissioner Wichman

said she was also concerned with giving someone a temporary liquor license if there were other issues. May 15! 2018 17. For Possible Action Discussion and deliberation to issue a Temporary Retail Liquor License to Yield Management Systems, dba The Painted Lady Saloon Inc, located at 1330 E. 5th #8, Pahrump, NV 89048. Daniel Wernecke is the Applicant Cont’d. Fire Chief Scott Lewis said numerous inspections were done on the Painted Lady. They were out of compliance and had not completed the re-inspection process.

Sheriff Wehrly

said she had asked to have the owner of the facility called this morning to make sure everything was in order with them and she asked Detective Sehnert if that was done. Detective Sehnert said he left a message with the owner of the land this morning and had not received a call back yet.

Sheriff Wehrly

advised there were some litigation problems between the owner of the bar and the people who were trying to lease it. She wanted to make sure that was settled before going forward with the temporary license.

Commissioner Koenig

made a motion to bring this back at the May 22, 2018, meeting only if everything was done; seconded by Commissioner Schinhofen; 6 yeas.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. The Board was in recess until 1:30 p.m. Commissioners Borasky and Cox were not present. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 25. For Possible Action Discussion and deliberation to: 1) approve up to $14,000.00 for the purchase of fireworks from Lantis Fireworks and Lasers for the 2018 4th of July fireworks show for the Town of Beatty; and 2) fund $7,000 from Fund 24101 Beatty Town and $7,000.00 from Fund 24220 Beatty Room Tax.

Commissioner Wichman

made a motion to approve item 1) and 2) fund $7,000.00 from 24101, Beatty Town Board, and $7,000.00 from 24220, Beatty Room Tax; seconded by

Commissioner Schinhofen

; 3 yeas.

Commissioner Borasky

was present. May 15, 2018 26. For Possible Action Discussion and deliberation to: 1) approve up to $25,000.00 with a 10% contingency ($27,500.00) for the Community Center interior maintenance project; and 2) fund from Fund 24401 Beatty Capital Projects.

Commissioner Wichman

made a motion to approve $25,000.00 with a 10% contingency for the community center interior maintenance project and fund from 24401, Beatty Capital Projects; seconded by Commissioner Schinhofen; 4 yeas.

Commissioner Ccx

was present. 27. For Possible Action Discussion and deliberation to: 1) approve up to $5,000.00 for the purchase of two benches and two trash cans from Belson Outdoors for the Robert A. and Florence Revert Park; and 2) fund from Fund 24401 Beatty Capital Projects.

Commissioner Wichman

made a motion to approve $5,000.00 for purchase of two benches and two trash cans from Belson Outdoors for the Robert A. and Florence Revert Park and fund from 224011 Beatty Capital Projects; seconded by Commissioner Schinhofen; 5 yeas. BOARD OF COMMISSIONERS 32. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 33. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 34. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 36. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 201 8-24: A Resolution Urging Governor Sandoval to Help Protect Our Borders.

Commissioner Schinhofen

said he copied this from the Elko Board of County Commissioners. May 15, 2018 36. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect Nye County Resolution No. 2018-24; A Resolution Urging Governor Sandoval to Help Protect Our Borders-Cont’d.

Commissioner Schinhofen

made a motion to adopt and send a copy to the Governor; seconded by Commissioner Wichman; 5 yeas. CLERK 37. For Possible Action Discussion and deliberation pursuant to NRS 244.360(5) to: 1) direct the District Attorney to notify the person responsible for the nuisance to abate said nuisance as set forth in the complaint received by the County Clerk on April 27, 2018, regarding APN 027-733-05, 4270 Maiestic View, Pahrump, Nevada and a) determine and specify a reasonable time for the person to abate said nuisance and b) direct the District Attorney to bring legal proceedings for abatement of said nuisance if the notice to the person responsible fails to abate said nuisance; OR, in the alternative 2) pursuant to NRS 244.360(1) and 244.360(2), direct the Clerk to set a public hearing not less than 30 nor more than 40 days subsequent to the filing of the complaint.

Commissioner Wichman

made a motion to pursue NRS 244.360(1) and (2) and direct the Clerk to set a public hearing not less than 30 nor more than 40 days subsequent to the tiling of the complaint; seconded by Commissioner Borasky.

Commissioner Koenig

stated his understanding with Brett Waggoner and Amanda Van Houten that they were supposed to be handling this and it was supposed to come back to them.

Commissioner Schinhofen

stated he was not a big fan of class action suits and asked if the recovery of damages incurred to Nye County could be quantified. He was also concerned about the elderly, retired veterans and people living with chronic pain and hoped this push did not stop those people that needed the medications.

Mr. Lamb

said it was quantifiable and described the retrospective damages such as the use of Narcan, use of the jails, and the fact that the County did not have a place to put parents who were addicted. The most important piece was healthcare and recovery as medically assisted treatment for life was the only way to help addicts. Mr. Lamb hoped when the case in Cleveland was heard the cost could be determined and a formula for Nye developed.

Commissioner Schinhofen

said to him it was ultimately the person who put it in their mouth and an addict could not be helped until they wanted to help themselves. He was also concerned about setting up a program with a lump sum of money and when the money went away the County had to continue the program.

Mr. Lamb

pointed out this was about companies who if they had adhered to their legal restrictions would not have hurt people and broke the law.

Commissioner Cox

asked about the statistics specific to Pahrump and Nye County as to the opioid use.

Mr. Lamb

said the national statistics on prescriptions per 100 were 66 out of 100 people. Nevada was 84.5 per 100, and Nye County was 156 per 100, which put Nye into the same class as Boston, Massachusetts, and Kermit, West Virginia, the epicenter of the epidemic. He explained the problem was the mathematical linear equation that a certain number of those people may be predisposed to being addicted, but 90% of them were not, and there were addicts that would not exist if they had not been prescribed.

Commissioner Cox

felt a lot of the reason Nye had that high of a rating was there were a lot of senior citizens and veterans, but thought this was a good start to do something about the problem. She also would like to see the money used for educational programs. At Mr. Richardson’s request, Mr. Lamb addressed the costs associated with the litigation. He explained the group of lawyers would pay all costs. Should they spend S30 million and lose the County would not owe any money. He said they represented May 15, 2018 39. Presentation by the law firm of Baron and Budd regarding its proposal to provide oploid litigation representation and discussion and deliberation of the presentation-Cont’d. over 450 cities, towns and counties. so the expenses would be spread out based on their metric within the paradigm of damages. On the backend they would reimburse the expenses they put out and split 75/25 any of the monies left over with 75% going to the County. 40. For Possible Action Discussion and deliberation regarding: 1) selection of the Baron & Budd law firm to institute legal action for recovery of damages incurred by Nye County as a result of the opioid crises; and 2) authorize the County Manager to a) negotiate the terms of a contract with the law firm of Baron & Budd and b) to execute the contract.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Schinhofen

noted the contract authorized the County Manager to negotiate the terms and then execute the contract. He understood there was no monetary layout from the County, which Mr. Lamb confirmed. Dave Stevens commented on his dislike for lawyers. Horace Carlyle said even if the Board voted this down there was an indirect cost for the life of the people exposed past, present and future. He thought the Board should take any lifesaver it could get. Angela Bello asked Mr. Lamb to address the potential for defense attorneys’ fees and costs should there be any.

Mr. Lamb

said there was no risk for that. The only place it may come up was if follow- up plans were made for the Consumer Protection Act, but he said the case was with a sixth circuit judge who had never awarded attorney’s fees in the event of a loss. However, if there were costs Mr. Lamb said they would pay them.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. COUNTY MANAGER 43. For Possible Action Discussion and deliberation to allow Justice of the Peace Judge Jasperson, as he deems necessary, to invite any available Justice of the Peace, within the confines of NRS 4.340(2), to provide him temporary assistance, until a new Justice of the Peace for the Pahrump Township is elected.

Commissioner Schinhofen

made a motion to allow Justice of the Peace Jasperson to continue; seconded by Commissioner Wichman; 5 yeas. 44. For Possible Action Discussion and deliberation regarding Bill Draft Reguests (BDRs) Nye County submits for the 2019 Legislative Session.

Commissioner Schinhofen

said his first one had always been to get rid of government unions for populations under 100,000.

Commissioner Wichman

asked what the deadline was, to which Lorina Dellinger responded September 1, 2018.

Commissioner Schinhofen

commented that a senator or assemblyman could be asked to carry any that the Board did not pick. Horace Carlyle asked the Board to support public safety and health. He talked about the workshop held in Tonopah over two years ago where it was said Nye County Emergency Services had no funding and there was no legal requirement to do so. Emergency Services Director Vance Payne suggested revising Section 450, which he explored with other organizations that were unified and learned it would not be practical.

Mr. Carlyle

suggested forming a fire district like Storey and Lyon Counties did or use a parcel tax. 45. Update on potential Pahrump Shooting Ranges. Lorina Dellinger said a representative from POOL/PACT performed a site evaluation on both the current training facility site and the BLM site. The County-owned site was deemed unsuitable because of the proximity to other structures. The BLM site on Bell Vista also had concerns because of possible contaminants and the County would be May 15, 2018 45. Update on potential Pahrump Shooting Ranges. responsible for the clean-up and cost of that. Darrell Lacy looked at properties and Mrs. Dellinger thought he had identified a County-owned property that would be brought back. Ultimately POOL/PACT determined that as long as Nye County established best practices for a range no increase in premium or deductible was anticipated.

Commissioner Borasky

said he asked about one on Willow Pass Road. He believed if BLM would shake that loose then a coalition of people in the community could turn it into a site similar to the ones in Railroad Pass, but he understood it might not be in the disposal area for BLM.

Commissioner Wichman

asked for an update on the Beatty shooting site.

Mrs. Dellinger

said a plan of development would be coming forward possibly during a June meeting. EMERGENCY MANAGEMENT 46. Presentation regarding the Tonopah Ambulance Service status. Vance Payne said all three ambulances had been delivered, but Tonopah was still going through the pains they had been. As Horace Carlyle pointed out, Mr. Payne said the solutions were simple to look at and very difficult to come through with. At the end of the day everybody was holding their own and the ambulances had provided quite a level of enthusiasm that he hoped would carry over into the communities. The training programs continued to move forward, and he was enthused about the class in Beatty because everyone in that class was over 90% in their final exams. A class was about to start in Smoky Valley also. Mr. Payne cautioned everyone though that even when someone passed the class it was eight or nine months before they were used in the field. FINANCE 47. For Possible Action Discussion and deliberation to: 1) amend the Janitorial Services Contract with A to Zzz Environmental, Inc to remove the upholstery cleaning from Amendment #1 dated January 16, 2018; and 2) reduce the amount of the contract by $2,356.00 for a new total of $154,235.20.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Schinhofen

noted the last time this came up he heard from some other staff members they were not happy with the services. He asked if there were still complaints or if they were doing a good job now. May 15, 2018 47. For Possible Action Discussion and deliberation to: 1) amend the Janitorial Services Contract with A to Zzz Environmental, Inc to remove the upholstery cleaning from Amendment #1 dated January 16, 2018; and 2) reduce the amount of the contract by $2,356.00 for a new total of $154,235.20-Cont’d. Danielle McKee, Grants/Contracts Manager, said she had not received any complaints recently. There were some issues and she met with the vendor regarding the vacuuming. The cleaning crew had also created a spreadsheet for each building.

Commissioner Schinhofen

made a motion to 1) approve entering into an agreement with Cimline Pavement Maintenance Group for a dura patcher for Public Works utilizing the interlocal purchasing cooperative agreement with HGAC, 2) approve the cost of the dura patcher and associated equipment as outlined in the proposal attached in the amount of $70,650.00, and 3) fund from 10205, Road; seconded by Commissioner Wichman; 5 yeas. HEALTH & HUMAN SERVICES 49. For Possible Action Discussion and deliberation regarding an Interlocal Contract between the State of Nevada, Department of Health and Human Services, Division of Welfare and Supportive Services wherein Nye County Health and Human Services serves as an intake site for State Energy Assistance Program applications.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. May 15, 2018 PLANNING/BUILDINGICODE COMPLIANCE 50. For Possible Action: 50a. For Possible Action Discussion and deliberation regarding approval of a Final Map application for FM-2016-000004: A subdivision containing 113 single- family residential lots on approximately 26.85 acres gross and located within the Mountain Falls Master Planned Community, Parcel 3-28 of File # 653168, aka: Planning Area 3-2B, situated within Section 4, T2IS R54E, Assessor Parcel Number 045-021 -38. Agent Taney Engineering. Applicant American West Development, Inc., Property Owner Adaven Management, Inc. 50b. For Possible Action Discussion and deliberation regarding approval of a Subdivision Improvement Maintenance and Warranty Agreement related to IA- 2016-000008: The Final Subdivision Map of Mountain Falls Planning Area 3-2B, on approximately 26.85 acres gross and located within the Mountain Falls Master Planned Community, Parcel 3-2B of File # 653168, aka: Planning Area 3-28, situated within Section 4, T2IS R54E, Assessor Parcel Number 045-021-38. Agent — Taney Engineering. Applicant American West Development, Inc., Property Owner Adaven Management, Inc.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners.

Commissioner Koenig

explained this was initially done in 2015 and at that time the RPC voted to approve it. There was a contract signed by a previous Board that allowed them to continue building out to 2030. He said if the Board turned this down the County would end up in court, lose, pay fees, and they would continue building anyway.

Commissioner Koenig

personally had a problem with the way building was done in Pahrump. Homes were being built too quickly and the town did not have the water or the solution. The State Engineer gave part of the solution, but now a solution was needed on the other end for water rights.

Commissioner Koenig

made a motion to approve final map FM-2016-000004 and subdivision improvement maintenance and warranty agreement 2016-000008 according to all the conditions put on it three years ago; seconded by Commissioner Wichman.

Commissioner Cox

was also concerned about the water issue and did not think the County would lose in court based on the changes since the contract was written. She was at the point where she could not support this anymore and would rather fight the battles in court instead of giving in to everyone. Debra Strickland said there were a lot of these hanging out there from before Order 1293. She thought this should be looked at after the judge’s ruling on September 5, 2018, as to what would happen to those people who had parcels they could not build on. May 15. 2018 50a. For Possible Action Discussion and deliberation regarding approval of a Final Map application for FM-2016-000004-Cont’d. 5Db. For Possible Action Discussion and deliberation regarding approval of a Subdivision Improvement Maintenance and Warranty Agreement related to IA- 201 6-000008-Cont’d. Dave Stevens agreed with Commissioner Cox on the water issues. Mark Dunford with American West Development was present.

Commissioner Schinhofen

explained the development agreement first entered into in 2004 set out a certain number of homes that could be built. This was the final map for those homes so numbers were not being added.

Mr. Dunford

said that was correct. This was originally part of the Celebrate 155 portion and 113 lots were always planned on the parcel being discussed.

Commissioner Schinhofen

asked what they were giving up in water per home.

Mr. Dunford

said they purchased it from a lender that foreclosed and the water rights for each lot were dedicated to Utilities, Inc., now known as Great Basin, who dedicated 1.12 acre feet per household.

Commissioner Koenig

asked when they had to start construction by. Brett Waggoner said once the final map was recorded, but he would have to refer back to the development agreement.

Commissioner Cox

agreed with Mrs. Strickland to hold this until September after some feedback from the court was received as to what direction the valley was going to go.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of AAYuc 2018. Hc Nyd Cothity Clerk I Deputy I request that my comments are reflected in the minutes and I submit a copy of my prepared written remarks for inclusion in the minutes atso. Has the BLM and Nye County has done its due diligence in addressing environmental impacts of the citizens living on the fan and valley floor near the proposed expansion of the Spring Mountain Raceway? Today’s modern race vehicles are capable of higher engine speeds, combined with the extended length of the raceway allows vehicles to increase speeds which generate more noise, as well as air pollution from un-combusted fuel and worn brake linings than existed before the track is enlarged. An Environmental Impact Studies/Reports should be required before this application is approved today. May 15, 2018 BoCC Item Ba & b by John F. Bosta Page 1 I request that my comments are reflected in the minutes and I submit a copy of my prepared written remarks for inclusion in the minutes also. The Special Use Permit SU-2018-000050 and SU-2018-000051 for Marijuana Establishment ( Cultivation) and (Production) located in a Light Industrial (LI) zoning district on APN 035-221-13 located at 250 N. Kittyhawk Dr., Pahrump Nevada are within the limits of the Town and the County has no authority to issue these permits pursuant to A_SB487_R1-1145 Section 18.5. jC,1C Respectfully submitted, I” John F. Bosta May 15, 2013 BoCC Item 9 a &b Comments by John F. Bosta Page 1