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Public meetings / Board of County Commissioners

September 18, 2018

143 turns, 143 with a named speaker, under 37 agenda items. The words and the names are the county clerk's.

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

Commissioner Koenig

explained NRS mandated Mrs. Webster's name remain on the ballot so there was nothing the Board could do about it. Louis DeCanio referred to a statement by Commissioner Wichman regarding taking an oath of office and how she would never violate that. He said a while back her husband Oz Wichman was involved in a water issue which the Commissioners had to vote on, but Commissioner Wichman refused to recuse herself although it was a blatant conflict of interest and a direct violation of the oath to be fair , partial and unbiased. Also, more September 18,2018 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. than two years ago Commissioners Wichman, Schinhofen, Borasky and Carbone all voted to appoint Gus Sullivan of Beatty as Pahrump Justice of the Peace in Department A even though Mr. DeCanio explained that appointing a non-resident of Pahrump to that position was a direct violation of the election laws. Mr. DeCanio stated it was apparent those Commissioners had all violated their oaths of office and it was meaningless to them. He said once an elected official violated their oath of office they could never be trusted again and he hoped the voting public remembered that. Tom Waters, chairman of Pahrump prostate cancer support group, advised the next meeting was on September 27,2018, from 6:00 p.m. to 7:30 p.m. in the Desert View Hospital 's training room downstairs. He encouraged everyone, men and women, to attend the meetings. Janice Berard asked that her written comments be included in the minutes [see Attachment 1]. She expressed her displeasure with how Dennis Hof was ambushed by three Commissioners at the August 7, 2018, meeting. She compared that ambush to what she and her partner, Neal Jones, were experiencing in Belmont regarding possible water contamination due to the actions of a rogue well driller and certain individuals who served on the town board. Neal Jones asked that his written statement be included in the minutes [see Attachment 2]. He spoke of an undocumented septic system in Belmont and how neither the County nor the State had done anything about it to protect the health, safety and water quality of the community. Kevin Schmidt said he worked at Navarro with the Environmental Management Nevada Program at the Nevada National Security Site. He advised the Board of an event they were doing as part of their outreach called Community Conversations. The event would be held on October 16, 2018, in Amargosa Valley at the senior center from 11:00 a.m. to 1:00 p.m. and at the Beatty town library from 4:00 p.m. to 6:00 p.m. The event would focus mainly on groundwater so Mr. Schmidt said they would like to have everyone in Pahrump to come to one of the events. Dwight Lilly advised the well owners' cooperative would have a booth at the Fall Festival with information on how to maintain and take care of private wells, testing , and about the organization itself. Also, Top Notch Auto Repair was going to have their second annual car show at their location on October 6-7,2018. Mr. Lilly then mentioned a rumor that Petrie Park may be on the sales block by either Pahrump or the County for placement of a box store . He hoped that was not the future plan because that was a landmark of the town and needed to remain so for future generations. Mr. Lilly was also saddened to hear Pam Webster was having family difficulties and hoped everyone prayed for her and her husband . September 18, 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. John Bosta said when the Board bought the Lake View Golf Course he checked the records which showed only one bid was received , but there was another bid for $950,000.00. He had also asked the Comptroller why the room tax for the airport was being used to buy the golf course and was told it was now a private airport and the golf course was a good use for the money. Mr. Bosta could not find where the airport had ever been sold and he questioned when it became a private airport. He thought the issue of the airport and airport funds needed to be investigated. Nancy Brown spoke on behalf of the homeless in Pahrump and what happened .to them last Wednesday. She felt it was time the Town of Pahrump and Nye County became proactive in helping the homeless . Donna Vickroy also spoke on behalf of the homeless. The other day when everyone was up there a veteran was the last one to move because he was worried about everyone else getting moved. Ms. Vickroy said over the last couple of days they had been helping and visiting the homeless who were in tears and thanked everyone for all the help. Diane Southworth said tonight was Taco Tuesday at the Nye Communities Coalition . The cost was $10.00 for two tacos, refried beans and rice, and the money would go to the Remote Area Medical clinic event on October 5 and 7, 2018 . She mentioned she went to the outreach meetings and reminded everyone that they needed to help. The Democratic Party would also have a booth at the Fall Festival where they would raise funds via donations for the Pahrump High School band's trip to Pearl Harbor . Lastly,

Ms. Southworth

advised the Roosevelt-Kennedy Dinner would be held on October 27, 2018, and tickets were available on-line at nyedems .org. Pat Minshall said two weeks ago the Board passed seeding the clouds with silver iodide even though many in the audience spoke against it. The Office of Environmental Health and Safety-UC Berkley rated it as a Class C non-soluble, inorganic hazardous chemical that polluted water and soil and was highly toxic to fish, livestock and humans. She compared the effects of silver iodide to the effects of Agent Orange . Anthony Roberts said he was a disabled Army veteran who lived on the hill about a quarter mile past the other camp. He had no problems there whatsoever until last Wednesday when the Sheriff came and gave him 15 minutes to get out. When Mr. Roberts explained he was disabled and would need more time the deputy told him 15 minutes or he would be arrested, so Mr. Roberts left his oxygen and belongings there .

Mr. Roberts

said that was the first time he was disrespected in tile County and he could not believe they would not give them more time. September 18, 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 . Charles Nevel had a copy of what the changes were for manufactured housing and asked about the requirement for the 1,000 foot boundary.

Commissioner Koenig

told Mr. Nevel he could speak on the item when it came up on the agenda. Dawn Duncan played a recording of her comments from a prior meeting questioning why there was no recusal from certain Commissioners. At the March 16, 2018, meeting

Commissioner Wichman

purposely and willfully attacked Commissioner Cox for staying the night at the Love Ranch Vegas , which Ms. Duncan assured everyone did not happen. Ms. Duncan pointed out that what was not disclosed was that Commissioner Wichman herself had visited the Love Ranch Vegas on many occasions in the past where she enjoyed complimentary breakfasts, lunch and alcohol that she did not pay for. Ms. Duncan told Commissioner Wichman she was unfair, unethical, biased, and a liar, but also unladylike by offensively swearing in public. Ms. Duncan was ashamed that Commissioner Wichman was the County Commissioner for rural Nevada. Vern Van Winkle from KPVN said they just celebrated 21 years of working in creative broadcast radio and television in Pahrump . He reviewed the channel changes and the upcoming fall schedule. Dave Stevens stood up for Commissioner Wichman and said anyone knocking the Commissioners was wrong. He also felt Dennis Hot's brothel should have been shut down years ago when the Lamar Odom incident occurred .

Sheriff Wehrly

addressed the homeless situation . She explained the owner of the property had asked that the homeless be removed and they were noticed that they had 15 minutes to leave their homes. They were also told that was their first notice and the Sheriff's Office would be back later to make sure they left and had taken as much stuff with them as they could. The deputies did not return until about midnight, which gave them 12 hours to remove their possessions, and Sheriff Wehrly believed a lot of people did. She said her office was not uncaring but believed everyone should abide by the law. September 18, 2018

4. For Possible Action - Discussion and deliberation of the minutes of the joint

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox; 5 yeas . SITTING AS THE BOARD OF COUNTY COMMISSIONERS

6. Commissioners'/Manager's Comments (This item limited to announcements or

Commissioner Wichman

said an agenda item was needed at the next meeting to approve the cooperative agreement with the Tri-County Weed Control due to amendments made by the board of directors.

Commissioner Cox

asked Tim Sutton to check the records to see what happened with the $900,000.00 offer submitted for the golf course.

Commissioner Schinhofen

said he felt bad for the homeless too, but he thought fraternal organizations, church groups and private businesses should assist with a homeless shelter, not government. As far as the airport, the private airport was the private airport that went public and was separate from the airport at the end of Gamebird. Those funds were not used to buy the course but 1% of that was used to upgrade and manage the course .

Commissioner Koenig

said on the news last night there was an item about Boulder City creat ing two new reserved parking spots for Purple Heart Parking . He wanted at least one spot at the Commission chambers building as well as one at the Bob Ruud Center and asked the Public Works Director to start work ing on that.

Commissioner Schinhofen

said he had received a request to put a restroom and a fountain at the Eye . He asked staff to look at what it would cost to do that. September 18, 2018 TIMED ITEMS 7.10:15 - For Possible Action - 3rd Community Development Block Grant (CDBG) Public Meeting: 1) Presentation of potential projects; and 2) Invite public to participate by providing ideas, comments and suggestions concerning the proposed projects. Danielle McKee, Grants and Contracts Manager, explained this was the final meeting to invite presentations of potential projects and public participation to provide ideas and comments. In the back-up were several presentations that she received to date . After this meeting she would submit all ideas to CDBG for eligibility. Any projects deemed by the State to be eligible would be presented to the Board for prioritization and the project the Board chose would be submitted by January. Ammie Nelson felt the spay/neuter clinic project was needed in the County and would save in the long run. Regarding the homeless, Ms. Nelson said the item presented by Carla Hill was a great concept for tiny houses funded through different projects and thought the Board should consider that one too. She said she was a little confused about the item that was presented by the County highway department.

Commissioner Schinhofen

explained that was for flood control on the fairgrounds which would help build out the fairgrounds . He offered to talk with Ms. Nelson and provide more detail. John Bosta expressed his concern with a private company building on the fairgrounds along with the lack of the cost and plan in the back-up . He also thought that the item should be removed as it should be under the Town of Pahrump.

Ms. McKee

said this was one of the projects she brought forward and had not yet presented it to the Board . The reason the funding was marked as to be determined was because the County was just awarded a $124,000 .00 grant to do the drainage study and flood control design plan. That study would determine how big a detention basin was needed along with the cost to construct. That project was currently out to bid and would close within the next two weeks. It would then be brought to the Board for award. She added this project was recommended by the State because of the money it could bring in for economic development in Pahrump and Nye County. She then reminded everyone the County could apply for two projects and sponsor one. Priscilla Lane said she just heard about the grant and felt help was needed with the cats and dogs in the community. The spay/neuter concept would be very helpful in slowing down the population of the animals . Doug Varin supported the spay/neuter application . September 18, 2018 7.10:15 - For Possible Action - 3rd Community Development Block Grant (CDBG) Public Meeting: 1) Presentation of potential projects; and 2) Invite public to participate by providing ideas, comments and suggestions concerning the proposed projects-Cont'd. Denise Scherer and Miranda Taylor from Tails of Nye County were present. Ms. Scherer explained their organization had provided low-income pet owners in the County with financial assistance for spay/neuter programs run by volunteers and 100% of their income and donations went directly to the animals. The volunteers worked out of homes, barns , garages and cars. Just recently they had been able to obtain reasonable office space to better serve the community. Ms. Taylor then gave a Power Point presentation of their proposal. Carla Hill discussed the low-income and homeless problem due to rising housing costs. Her idea was tiny homes, which a lot of places in the country were doing. She felt providing people with a home would give them a sense of pride and that it would be a great thing for Pahrump to solve the problems.

Commissioner Schinhofen

liked the spay/neuter idea and he believed staff had been asked to look into building a new shelter with CDBG. He also really supported the fairgrounds project.

9. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation on

Commissioner Koenig

opened the public hearing . Ammie Nelson said she read about the parking issue with this item and could see what the concern was, but thought the parking problem may be taken care of as they grew. Dwight Lilly noted this was a rural community, yet there were rules and regulations through the Planning and Building Departments that seemed to make projects like a swap meet or a farmer's market almost impossible to comply with. He felt the requirements for paving, water and electricity were ridiculous . September 18, 2018 9. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation on Appeal AP-2018-000015: An Appeal of the Pahrump Regional Planning Commission's denial of Conditional Use Permit CU-2018-000050-Cont'd.

Commissioner Koenig

closed the public hearing . Bertha Kern, the applicant, said she now had an estimate for the paving and said she would do all the improvements on the property .

Commissioner Wichman

asked her if she felt the PRPD made a mistake with reading their rules and ruling the way they did.

Ms. Kern

said she did not know because they did not tell her about that. She submitted a receipt for the Type II gravel.

Commissioner Wichman

asked her if when her request was denied and she was given the opportunity to appeal if there was a reason Ms. Kern believed they did not do their job properly.

Ms. Kern

explained a Comm issioner told her last July she could appeal so she did and paid for it. Planning Director Brett Waggoner clarified any site improvements. He said the Board was being asked to decide whether or not a CUP would be valid or a zone change. Ms. Kern had not been asked to do any kind of site improvements at this point because that would come in if the Board approved the CUP.

Commissioner Wichman

noted the back-up was not clear as to why the CUP was denied.

Mr. Waggoner

explained there were concerns with the location and there had been activities done without any approvals.

Ms. Kern

stated she had an application and paid for it for the shed she put there and was told it would be done one at a time .

Commissioner Schinhofen

made a motion based on the back-up to affirm the decision of the RPC to deny CU-2018-000050 ; seconded by Commissioner Wichman .

Commissioner Cox

did not understand why it was denied in the first place . She pointed out the people were noticed in the general area, no one complained and no one was at the meeting to complain. The map showed that it fell within the right zoning now without changing it. It was in a general commercial zone with an overlay for businesses so she did not see any reason to deny this and felt people should be given opportunities to open businesses . September 18, 2018 9. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation on Appeal AP-2018-000015: An Appeal of the Pahrump Regional Planning Commission's denial of Conditional Use Permit CU-2018-000050-Cont'd.

10. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation on

Commissioner Schinhofen

made a motion to affirm the decision of the Regional Planning Commission to deny lC-2018-000023. Ronni Boskovich said the Board did not need to affirm as this was the final action. Comm issioner Schinhofen amended his motion to deny the zone change; seconded by

Commissioner Wichman

. Bertha Kern, the applicant, stated she really wanted to open this kind of business so she would appeal again .

Commissioner Cox

asked if a zone change was even needed to put a swap meet on the property. Brett Waggoner explained a flea market was not a permissive use in neighborhood commercial, but it was in general commercial with a CUP.

Commissioner Koenig

pointed out that one of the problems with making it general commercial was everything else that was allowed in that zone like auto shops. The applicant could do a lot of things on that property that were not suited for that area so without knowing what she wanted to do it could be a little hazardous. If Ms. Kern wanted to do the swap meet, she could come back again with the swap meet conditional on the zone change, but giving the zone change left it open to an array of things that people may not want on that property .

Mr. Waggoner

noted page 6 of the back-up listed all the permissive uses for general commercial and those under line E required a CUP. September 18, 2018 10. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation on an application for a Conforming Zone Change from Neighborhood Commercial (NC) to General Commercial (GC), on approximately 1.20 acres located at 2401 S. Homestead Road, Calvada Valley Unit 1, Block 1, Lot 3, Assessor Parcel Number 042-391-17. Bertha Galan Kern - Property Owner/Applicant-Cont'd.

11. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation

Commissioner Schinhofen

made a motion to approve all cultivation/production temporarily for six months and if they had not complied by that time and been open it would go away or they would have to come back and give a good reason why; seconded by Commissioner Wichman.

Commissioner Koenig

opened the public hearing. Dwight Lilly stated this item was vehemently protested by the public when it was first proposed and there was a petition with over 500 signatures from people living in the neighborhood. Mr. Lilly asked the Board to deny this . He also believed the last extension expired in July. John Bosta reminded the Board that SB487 did not allow the Board to have licenses inside the Town of Pahrump. He spoke to Pete Goicoechea who in turn talked to the Legislative Counsel Bureau (LCB) . The LCB was supposed to issue a letter stating that

Mr. Bosta

's interpretation was correct. Mr. Bosta told the Board they were in violation if it approved something in the Town of Pahrump when it did not have the authority to do so.

Commissioner Schinhofen

said there was a workshop last Friday to clarify that and the head of DTAX saw this the way the County attorney and staff saw it. Amrnie Nelson said there were a lot of grow facilities in Pahrump and thought because it was a legal business they should not be under such strict requirements. She suggested doing this every two years instead of every year. Mark Connot, appearing on behalf of Blue Diamond Trust, the neighboring property owner, thought the fourth extension was too much and requested the Commission deny it. September 18, 2018 11. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation regarding Extension of Time Application ET-2018-000032-Cont'd.

Commissioner Schinhofen

said his motion was for six more months and since they had spent almost a million dollars he hated to pull the rug out from under them. His motion stood .

Commissioner Koenig

closed the public hearing .

Commissioner Cox

said when this first started it took a zone change and she wondered if the fact that they had not opened this facility yet had any effect on that zone change.

Commissioner Schinhofen

explained the motion then was it would be changed based on them doing only that. If they wanted to do anything else they had to come back or it would revert to neighborhood commercial.

Commissioner Koenig

asked the applicant what they were going to get done in six months that they had not gotten done in the past year . Scott Sibley advised they were going to finish the project before the end of the year. The big problem was the annexation at the State level and shifting the water rights for water and sewer lines. They had spent $1.4 million on the project and were basically just wrapping it up. He assured Commissioner Koenig they would have something green growing in six months.

Mr. Waggoner

said staff reviewed the final action memo regarding the zone change and there was a year time limit put on it, so they would need to reapply for that zone change.

Commissioner Borasky

was not present. 12.11 :00 - For Possible Action - Public Hearing - Discussion and deliberation regarding Special Use Permit Application SU-2018-000053: A request to allow a marijuana establishment (retail store/dispensary) located at 1241 E. Calvada Boulevard, Pahrump, NV. Assessor Parcel Number 040-041-35. Calvada Partners, LLC - Property Owner. ACC Enterprises, LLC - Applicant. Howard N. lVIisle ­ Agent

Commissioner Schinhofen

noted the County would only get three dispensaries. September 18, 2018

12. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation

Commissioner Schinhofen

made a motion to approve the SUP; seconded by

Commissioner Koenig

opened and closed the public hearing .

13. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation to:

Commissioner Schinhofen

commented that this was one of those rare cases where the State said if it wanted the County could be more restrictive, but it needed to adopt something.

Commissioner Schinhofen

made a motion to adopt County Bill 2018-07; seconded by

Commissioner Koenig

opened the public hearing. Charles Nevel asked for an explanation of the 1,000 foot from the property line requirement. Dwight Lilly thought the proposed changes not only restricted the freedom of those who invested in the property but also stymied economic development in the process. A person should be able to buy and place on their property manufactured homes that met HUD standards and were habitable. He did not understand what difference it made to the safety and welfare of the people if a manufactured home was a single unit or made of several attached sections. As long as the home could pass inspection it should be allowed to be used. Mr. Lilly submitted the rest of his comments for the record [see Attachment 3].

Commissioner Schinhofen

said the bill did allow for use of mobile homes. Ammie Nelson asked if it included containers brought in on wheels as someone said that was considered a manufactured home. She also pointed out that item 35 was a bill to amend Title 17.04 while this one was comprehensive land use planning and zoning under 17.04. September 18, 2018 13. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation to: 1) Adopt. amend and adopt, or reject Nye County Bill No. 2018-07-Cont'd.

Commissioner Schinhofen

explained item 35 was to set a date , time and location to hear it next month .

Ms. Nelson

was concerned with all the changes being made with mobile homes and worried about what would happen when she was gone and left her acre with a double wide on it to her children .

Commissioner Schinhofen

said this bill would only affect new homes coming in. Sean Jablonski, office manager for Factory Home Center, agreed the State allowed the Commissioners to adopt more restrictive standards , but the law said a county with a population of less than 45,000 may adopt standards that were less restrictive than the standards set forth .

Commissioner Schinhofen

said he misspoke then and the County was going to be less restrictive .

Ms. Jablonski

then questioned whether the Board had subject matter jurisdiction over this bill. They believed the ordinance violated the provisions of the Federal Affordable Housing Act and could have a serious effect on any future federal grants to the County. As to the requirements in Sections C.1.a. and 2.a. that the home be permanently fixed to the land and converted to real property through the Assessor's Office, Ms. Jablonski questioned the reason for converting it other than higher taxes . She explained there was an exception to that rule because there were types of financing that did not allow a home to be converted to real property . Additionally, if someone was leasing property from a private individual but did not own the land, converting it would give the home ownership to the land owner. Ms. Jablonski suggested adding land owner in that section . She also disagreed with the requirement under 1.c. that exterior siding and roofing had to be similar in color to a home within 1,000 feet. Regarding the single section rule, Ms. Jablonski felt that was in place because single wide homes were not allowed to be financed. She advised that changed yesterday so she did not see any reason for the County to restrict folks that could not afford a double wide from being able to purchase a more affordable single wide. Doug Varin said he owned a manufactured home and was concerned with the licensing, specifications and sale of that particular residence considering he owned it free and clear. If he wanted to sell his property he had to specifically determine to the individual purchasing it that it was a manufactured home and that already gave Mr. Varin a disadvantage. Even if that home had been there for 15+ years and met HUD specifications, it might not meet local specifications and Mr. Varin questioned the September 18, 2018 13. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation to: 1) Adopt. amend and adopt, or reject Nye County Bill No. 2018-07-Cont'd. Commission's ability to state they could set a higher regulation than what the federal government set. Dave Stevens stated he would take a manufactured home over a stick built home anytime.

Commissioner Koenig

closed the public hearing.

Mr. Waggoner

explained the County was required by NRS to adopt the standard for the County. There had been several attempts to do this and a lot of input had been received over the past four years. He said people needed to understand that until a standard was adopted then the NRS ruled, which required six years or newer currently affixed to the ground and had nothing to do with any home currently installed today. Further, the 1,000 foot requirement meant it needed to be similar to other surrounding buildings. One of the suggestions made by Factory Homes was to have that requirement in the RE-2 or on larger tracts of land.

Commissioner Koenig

pointed out that C.1 was for RE-1 and said 1,000 foot, but in 2.c. it was for RH-9.5 and it was the same 1,000 feet.

Mr. Waggoner

said that should have been removed from 2.c .

Commissioner Schinhofen

amended his motion to adopt County Bill 2018-07 removing 1,000 feet from 2.c.; Commissioner Wichman amended her second . Ronni Boskovich asked if the Board was intending to adopt the version with the highlighting and strike through.

Commissioner Schinhofen

said that was correct and the Board just added one.

Commissioner Borasky

commented he had seen many of these come through always attacking manufactured housing and he could not support this. The Governor had always stated manufactured housing was affordable housing for those who could not afford stick built and every couple of years there was an assault on it.

Commissioner Wichman

commented this was the County's last opportunity to pass a less restrictive ordinance otherwise it lived by the State law which was more restrictive.

Mr. Waggoner

clarified that this was not the last chance, but right now it was governed by the stricter State law September 18, 2018 13. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2018-07-Cont'd.

Commissioner Cox

thought this was just like the State law instead of less restrictive. She knew the reason for this was more tax dollars and said she could not support this in the form it was in.

Commissioner Wichman

asked what would happen if the Board did not pass this ordinance.

Mr. Waggoner

said it if was the pleasure of the Board he would bring back a bill adopting the State standard instead of trying to make it less restrictive with this bill.

Commissioner Borasky

asked to have this continued so he and Commissioner Cox could talk to Mr. Waggoner separately to see if they could come up with something different.

Commissioner Koenig

wondered if he wanted something brought back that agreed with the NRS if it would include things like exterior siding and roofing similar in color, at least 960 square feet of living area, permanently affixed to the land and converted to real property, and manufactured within ten years immediately preceding the date it was affixed. He explained he was trying to figure out if there was any benefit to Mr. Waggoner coming back later with the I\IRS as a bill. If nothing was going to be better than the NRS then he might as well vote yes, otherwise something would be brought back .

Mr. Waggoner

said what was in front of the Board today was better. For any manufactured home outside of a mobile home park the NRS stated permanently affixed to a residential lot; be manufactured within six years immediately preceding the date it was affixed to the exterior lot; have exterior siding and roofing similar in color, material and appearance to the exterior siding and roofing primarily used on other single family residential dwellings in the immediate vicinity of the manufactured home as established by the governing body; consist of more than one section; and consist of at least 1,200 square feet of living area unless the governing body via administrative variance or other expedited procedure established by the governing body approves a lesser amount of square footage based on the size or configuration of the lot or the square footage of the single family residential dwellings in the immediate vicinity of the manufactured home.

Commissioner Koenig

commented that so far that was the only one he heard that gave the Board the ability to change it.

Mr. Waggoner

said the next section of the NRS stated if the manufactured home had an elevated foundation the foundation was masked architecturally in a manner determined by the governing body. The governing body of a local government county with a population of less than 45,000 may adopt standards that were less restrictive than the standards set forth in that subsection. September 18, 2018 13. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2018-07-Cont'd.

Commissioner Schinhofen

said that was what the County was doing , adopting less restrictive standards .

Commissioner Schinhofen

set the effective date as October 8, 2018 . SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

14. General road report by Public Works Director

Commissioner Schinhofen

asked if there was any time before spring to do a half mile of chip seal on the road Comm issioner Wichman had mentioned.

Mr. Dahl

advised that was on the top of the list of roads to use for the chip seal equipment that had been sitting around for way too long. Regarding the Homestead project, the contractor was back on that contract in full force and would be initiating the additional improvements from the change order for that project for the Heritage Road intersection , for some lane widening down by Thousandaire and Homestead, and additional work to cover up and remove/replace some of the asphalt that was in horrible condition . Pahrump Valley Boulevard should start directly after Homestead finished, which should be around the first/second week in October. Mr. Dahl thanked Sheriff Wehrly for her participation in helping to control some of the traffic at the Homestead construction project. He had also received a couple of the signs from Dr. Waters that he would put up as soon as possible . John Bosta wanted to make a public comment under this item and argued with

Commissioner Schinhofen

about whether he could . Commissioner Schinhofen thought since it was not an action item then public comment did not have to be allowed. The Board took a brief recess. September 18,2018

Commissioner Schinhofen

said he had received confirmation that since this was not an action item he did not have to allow public comment.

Commissioner Cox

mentioned a really big pothole on Park Ridge and Gamebird. Jacaranda was also coming apart and weed maintenance was needed all the way down River Plate .

Commissioner Wichman

read an e-ma il she received to Mr. Dahl expressing pleasure with the paving on Valley View Street. Tim Sutton thanked the District Attorney's Office for the quick turn around on the change orders for Homestead and the northern projects. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Wichman

assumed the Chair of the Licensing and Liquor Board. BROTHEL

15. For Possible Action - Discussion and deliberation to extend the Temporary

Commissioner Wichman

pointed out that Charles Lee was not the applicant as he was deceased .

Sheriff Wehrly

explained that although Mr. Lee passed away there was another partner, David Frank . Mr. Frank was not on the fictitious firm name certificate filed with the Clerk, but he was on the Secretary of State 's site under one of the LLCs. Sheriff Wehrly said she spoke with one of the Deputy Clerks who said that they would approve that and hold that fictitious name report to be good until 2020 . Mark Connot thought the fictitious firm name was a filing by the entity. When Mr. Lee signed it he signed it on behalf of the entity so Mr. Con not did not think that was really an issue . As to the current status of the license , Mr. Connot did not think there was a basis under the Code or otherwise where temporary renewals could be done. If there was a problem with an owner there was a process to resolve that. Mr. Connot requested that the license be renewed and if there was an issue with any of the information that the process in place be used to resolve it. Angela Bello advised that was not part of the agenda item. September 18, 2018 15. For Possible Action - Discussion and deliberation to extend the Temporary 30-Day License for two additional weeks for Pahrump Homestead Partners/DBA Sheri's Ranch-Cont'd.

Commissioner Koenig

made a motion to extend the temporary 3D-day license for two additional weeks for Pahrump Homestead Partners d/b/a Sheri's Ranch ; seconded by

Sheriff Wehrly

added to the motion receipt of all fingerprint cards back from the State.

16. For Possible Action - Discussion and deliberation to change the name of

Commissioner Wichman

stated her opinion that this was an administrative matter . The name was not picked up properly when issuing the license and it should be Mid Valley Enterprises, which the Sheriff's Office was notified of.

Sheriff Wehrly

explained the District Attorney's Office had determined that this process needed to be gone through .

Sheriff Wehrly

made a motion to change the name from Pahrump Homestead Partners d/b/a Sheri's Ranch to Mid Valley Enterprises LLC d/b/a Sheri's Ranch ; seconded by

Commissioner Koenig

. Angela Bello asked Mr. Connot to state for the record that he was representing the agency. Mark Connot explained this was still the same entity with no change. The administrative change was to Mid Valley Enterprises LLC formerly known as Homestead Partners. For the purpose of the record he stated he was legal counsel for Mid Valley Enterprises formerly known as Pahrump Homestead Partners and would approve of the request.

17. For Possible Action - Discussion and deliberation to change the name of

Commissioner Koenig

made a motion to change the name of Western Best LLC d/b/a Chicken Ranch Brothel to Western Best, Inc., d/b/a Chicken Ranch Brothel; seconded by Commissioner Schinhofen; 6 yeas .

19. For Possible Action - Discussion and deliberation to change the name of

Commissioner Koenig

made a motion to change the name of Western Best LLC d/b/a Leghorn Bar to Western Best, Inc., d/b/a Leghorn Bar; seconded by Sheriff Wehrly; 6 yeas.

20. For Possible Action - Discussion and deliberation to add Harry V. Mahoney

Sheriff Wehrly

advised that both had submitted their background checks.

Sheriff Wehrly

made a motion to approve upon the conclusion of a good background for both of them; seconded by Commissioner Koenig.

Commissioner Wichman

pointed out that according to the Code only a notification to the Sheriff's Office was required for name changes.

21. For Possible Action - Discussion and deliberation to issue a Temporary

Commissioner Koenig

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

23. For Possible Action - Discussion and deliberation to appoint one (1) member

Commissioner Cox

made a motion to approve Darius Mann to the Pahrump Arena Advisory Committee; seconded by Commissioner Wichman; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS - These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. For items 26 and 27 Commissioner Wichman asked if the portions coming out of the general fund were budgeted. Danielle McKee explained both of the match portions for the grants were discussed during the budgeting process when Vance Payne initially applied for them.

24. For Possible Action - Approval of Elected Official Collection Report

Commissioner Schinhofen

made a motion to approve items 24-27; seconded by

Commissioner Wichman

; 5 yeas .

25. For Possible Action - Approval to set the date and location for the second

Commissioner Schinhofen

made a motion to approve items 24-27; seconded by

Commissioner Wichman

; 5 yeas. September 18, 2018

26. For Possible Action - Approval to: 1) Accept Assistance to Firefighters Grant

Commissioner Schinhofen

made a motion to approve items 24-27; seconded by

Commissioner Wichman

; 5 yeas.

27. For Possible Action - Approval to: 1) Accept Nevada Department of Public

Commissioner Schinhofen

made a motion to approve items 24-27; seconded by

Commissioner Wichman

; 5 yeas. BOARD OF COMMISSIONERS

32. For Possible Action - Discussion and deliberation regarding the unaudited

Commissioner Koenig

asked when the Sheriffs Office vehicles were serviced if that went into the County budget or her budget.

Mrs. Rucker

advised that went to the mechanic's budget. Continuing her review, she noted the Sheriff ended salaries/benefits under budget while services/supplies was over by $179,000 .00, but the net was the Sheriff was at 100% of budget used with overspending a whopping $628.00. Mrs. Rucker reminded the Board that an augment was done to the Sheriff's budget in June due to significantly higher fuel costs, an aging fleet which was not as efficient, inmate pharmacy, inmate food , and a really high autopsy expense this year.

Commissioner Wichman

asked Tim Sutton to look into the requirements for the autopsies because she could take that BDR to a legislator and thought it would be a significant advantage to the County to have that re-written. September 18, 2018 32. For Possible Action - Discussion and deliberation regarding the unaudited budget status through June 2018 for Nye County and all sub-entities for fiscal 2018-Cont'd.

Mrs. Rucker

said the rest of the back-up showed all of the other funds the Board of County Commissioner approved budgets for. She did not have any flags on any of those. She also did not anticipate any violations or audit findings for the towns.

33. For Possible Action - Discussion and deliberation to: 1) enter into an

Commissioner Wichman

made a motion to approve entering into the agreement, approve the cost of the software, fund from 10401, Capital in FY19, and General Fund Comptroller's Department in FY20-23 ; seconded by Commissioner Schinhofen. Ammie Nelson did not understand the justification of this amount of money to use cloud and wondered why the County did not use Google Drive as it was free. Savannah Rucker explained OpenGov was a cloud-based platform that would host the County's financial data and allow better reporting to the constituents. The term c1oud­ based software just referred to where the information would be housed and Ms. Nelson would be able to access it. This platform was also very specific in that it would offer the County the ability to upload massive amounts of financial data and provide reporting and dashboards for departments to monitor their budgets.

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

Commissioner Schinhofen

made a motion based on staff recommendation to set the date, time and location for October 16, 2018, at 11 :00 a.m. in Pahrump ; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record.

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

Commissioner Schinhofen

made a motion based on staff recommendation to set the date, time and location for October 16, 2018, at 11 :00 a.m.; seconded by Commissioner Wichman ; 5 yeas .

Commissioner Schinhofen

read the title of the bill into the record .

36. For Possible Action - Discussion and deliberation on Tentative Residential

Commissioner Schinhofen

made a motion to approve removing condition 23; seconded by Commissioner Wichman.

Commissioner Koenig

noted the back-up said approval of this appeared to be premature at this time due to the impact of the northern channel plan and profile improvement plans that were not yet approved . He asked if that was what was being talked about or something else.

Mr. Waggoner

said that was addressed at the last meeting. The plan approval for that was not part of a tentative map. That was a staff misstatement. He again requested removing that as it was part of the improvement plan review that would be conducted . John Bosta asked if this was the project where a statement was made that there was an artesian aquifer and a well that was gushing as he had not yet seen any documentation proving that.

Commissioner Koenig

said that was because it was not. Scott Swapp, the applicant, said he had also misspoken when he said there was an independent aquifer. They did some research and would do a presentation at the next Pahrump Board meeting to explain where their water usage was and what their conservation efforts were. They wanted to put that on an agenda so the public could hear about it.

37. For Possible Action - Discussion and deliberation regarding Recreational

Commissioner Schinhofen

reminded them they had a security plan they must live by and to change it they must come to the Board for a waiver.

Commissioner Schinhofen

made a motion to approve for 90 days and all things would be paid and all of staff's concerns would be addressed; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted nay. • Page 26 September 18, 2018

38. For Possible Action - Discussion and deliberation regarding Recreational

Commissioner Schinhofen

reminded them they had a security plan they must live by and to change it they must come to the Board for a waiver.

Commissioner Schinhofen

made a motion to approve for 90 days and all things would be paid and all of staff's concerns would be addressed; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted nay.

39. For Possible Action - Discussion and deliberation regarding Recreational

Commissioner Schinhofen

reminded them they had a security plan they must live by and to change it they must come to the Board for a waiver.

Commissioner Schinhofen

made a motion to approve for 90 days and all things would be paid and all of staff's concerns would be addressed ; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted nay.

40. For Possible Action - Discussion and deliberation regarding Recreational

Commissioner Schinhofen

reminded them they had a security plan they must live by and to change it they must come to the Board for a waiver.

Commissioner Schinhofen

made a motion to approve for 90 days and all things would be paid and all of staff's concerns would be addressed ; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted nay. • Page 27 September 18, 2018

41. For Possible Action - Discussion and deliberation regarding Recreational

Commissioner Schinhofen

pointed out this one was behind on their property taxes.

Commissioner Schinhofen

made a motion to approve for 90 days; seconded by

Commissioner Wichman

; 4 yeas. Commissioner Borasky voted nay.

42. For Possible Action - Discussion and deliberation regarding Recreational

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted nay.

43. For Possible Action - Discussion and deliberation regarding Recreational

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman ; 4 yeas. Commissioner Borasky voted nay.

44. For Possible Action - Discussion and deliberation regarding Recreational

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted nay. • Page 28 September 18, 2018

45. For Possible Action - Discussion and deliberation regarding Medical

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted nay.

46. For Possible Action - Discussion and deliberation regarding Medical

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 4 yeas . Commissioner Borasky voted nay . 6. Commissioners'/Manager's Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)-Reopened.

Commissioner Koenig

asked Brett Waggoner or his staff to contact the lady that wanted to do the swap meet and sit down with her to go through exactly what she wanted to do, come up with some plans, get her to understand what the County thought she needed to do and what the cost would be. He wanted her to put another application in, which the County would pay for to get it in within the time limit. He asked to have the zoning requested she needed brought back with that.

Commissioner Schinhofen

stated he would not be present for general public comment. Anyone who wanted to speak to him could call him or e-mail him as long as it was not about Dennis Hof. He said the public had a right to speak and he had a right to leave the room.

47. GENERAL PUBLIC COMMENT (second)

Commissioner Schinhofen

was not present. John Bosta said he was disappointed that Commissioner Schinhofen left before Mr. Bosta could bring up the item on the road. He wanted to ask when the Road Department used the paver program which determ ined the cost of doing a road. Mr. Bosta thought the Road Department should tell the Board they had run a project through the paver program so eliminate the political bias and show an actual cost of a project. • Page 29 September 18, 2018 Dwight Lilly pointed out the vacant Treasurer position and wondered if the Board would come up with a plan by the next meeting for people to read the Treasurer's report as he had not seen one in quite a while. He then discussed revenue taxation for marijuana businesses. Mr. Lilly and Mr. Bosta were concerned the County was collecting taxes the Town of Pahrump should have as revenue. Senator Pete Goicoechea had taken it up with the LCB and it seemed they were right and the County's interpretation was wrong. If the LCB determined revenue that should have been given to Pahrump was spent in other parts of the County Mr. Lilly wondered how the Commissioners would address that. Lastly, returning to the Treasurer, Mr. Lilly believed candidate John Prudhont was the highest qualified person to take the position and thought the Board should consider appointing him Treasurer until the election was held as well as after it if the currently resigned Treasurer won. On Sheri's Ranch and their licensing procedure, Zachary Hames said they were told by the District Attorney's Office and a couple other branches in government today that if they brought on investors they needed a full financial disclosure and ten years of tax returns. Mr. Hames asked that Sheri's Ranch be held to the same standard because if not then they would see the County in court again.

Commissioner Koenig

said they were being held to the same standard . Ammie Nelson thanked Savannah Rucker for the information to test the ProGov program. She also expressed her disagreement with Commissioners leaving while the constituents were making public comments as she felt the Commissioners needed to hear the complaints of the people . Regarding comments on the budget, specifically automobile repairs, Ms. Nelson thought there were items in the last couple of months for purchasing new vehicles and new vehicles came with warranties. She asked if there was a way they were monitored for the warranties and if they were charged back to the dealerships.

Commissioner Koenig

explained none of that money pertained to new vehicles. It was all spent on the old vehicles and any warranty work would be charged back .

Ms. Nelson

then pointed out this was the first time the Sheriff's Office had been at budget and it was also the first time their budget had been so high.

Commissioner Wichman

was not present. Dawn Duncan did not understand the Board giving businesses anywhere from 30 to 90 day extensions, yet one company was not given that and was stripped of not only its brothel license but the bar license as well. Janice Berard addressed the issues in Belmont again and said she and Neal Jones expected a huge backlash toward them . They were afraid to go to their house in • Page 30 September 18, 2018 Belmont, but she wanted her water to be clean. She was not going to put up with people who lived in that town who were also on the board that they could not even approach because they were the ones causing the problem.

48. ADJOURN

Commissioner Koenig

adjourned the meeting. APPROVED this _ _ _ _ ., _ _ day _ t.£ ATTEST: ,2018. PUBLIC COMMENT TO THE NYE COUNTY COMMISSIONERS • SEPTEMBER 18, 2018 My name is Janice Berard. I request that this written comment be included in the Commissioners minutes. I have had the distu rbing experience of watch ing the video of the August 7th Commissioners meeting in which Mr. Hof was ambushed by three Commissioners, resulting in the forced closing of his business. In my opinion, the behavior of these Commissioners was an embarrassment to those they represent and only succeeded in further tarnishing the County's already notorious reputation. The only Commissioner who showed any professional integrity was Ms . Cox. Poor Sheriff Wehrly seemed to be in a battle with her conscience , faltering under the int im idat ing thumb of Commissioner Wichman. It appeared that things did not go as well as planned. Thus I want to clarify that my comments are not directed to either of these two individuals. Rather they are directed to the rest of the Commissioners who seem to operate like some sort of cabal. As I said, the Comm issioners behavior was an embarrassment to watch . And painful too . Painful because it reminded me of the times that my partner, Neal Jones and I have been on the receiving end of similar behavior at Belmont Town Board meetings in northern Nye County.

Mr. Jones

and I own property in Belmont. For many years we were very active in this community through volunteer work and fund raising. Made a lot of friends; friends that we mistakenly thought had integrity. I personally sat on both the Town Board and Friends of the Belmont Courthouse . All was well until we began to see how things really worked. Our official wakeup call was when we tried to address the possible water contamination issues in Belmont due to the unconscionable actions of a rogue well driller and certain individuals who serve on the Town Board . As expected we were met with hostility, witnessing first-hand what happens when the powers-that-be are challenged, especially when they are trying to justify thei r misdeeds. Our biggest offenses was our unwillingness to be accomplices in covering up the issues or to quietly participate in doing a half-baked job in fi xing them. We discovered that transparency was not an option because that would mean exposing those who were complicit in creating the mess in the first place­ mainly those who represent us. Three minutes does not allow me to explain all the details, but for anyone who is interested, please read the statement given by Mr. Jones concerning the Belmont Saloons illegal well and septic system that was presented and recorded at the Commissioner meeting on July 3, 2018. Realize what you read is only a small part of the story. Also realize how this Belmont business has been allowed to operate with an illegal well and septic system for years, without any County or State oversight or harassment from the Commissioners. Unlike the harassment that Mr. Hof has continually received for alleged violations that pale in comparison. The hypocrisy astounds me as does the abuse of power among certain Commissioners and individuals at both the County and State levels . Power which it seems is used to oppress those who have the audacity 1 ATIACHI\/IENT 1 • to challenge their less than ethical actions. It has become apparent that they have forgotten who they serve ....which is all those who elect them to represent with honesty, integrity, transparency and respect. Thank you . Janice Berard jbnjreno@aol.com 2 • Statement for the September 18, 2018 meeting of the Nye County Board of County Commissioners. Public comment section # 1. My name is Neal Jones . As George Washington stated, "If men are to be precludedjrom offering their sentiments ... the freedom ofspeech may be taken away, and dumb and silent we may be led, like sheep to the slaughter." I am not dumb and I refuse to remain silent. I ask that this written statement be included in the minutes of this meeting. The apathetic and tacit acceptance of our government officials' actions is unbelievable . The lack of personal responsibility of people is off the charts. The appalling display by some Commissioners at their August 21 meeting was reprehensible, as well as the phony righteous indignation speech on how it is their job to uphold the County code and how they must follow the letter of the law. Again another exercise in ad nauseam hypocrisy. Upholding the law is exactly what the County has refused to do in Belmont in protecting the health, safety and water quality of the community. The State is an equally willing partner in this charade. Why? Maybe it is due to the low friends in high places that some of the folks in Belmont have. Maybe too it is because the County, and State, really do not care because they believe no one would dare stand up to their antics, for fear of retribution. The County claims that it would be unfair to a business in Belmont to have to apply for a permit for their undocumented septic system. What makes this business so special in relation to other businesses in Nye County while they potentially are contaminating Belmont's ground water? The County attempts to issue permits for this alleged septic system that they are expressly forbidden by State law to issue. What does the State do? Absolutely nothing besides placidly condoning this illegal behavior. Meanwhile it seems that the State is trying to keep up with the County's unethical actions . The State has blatantly falsified information in their official reports in regards to this business' undocumented well, which sits far too close to their undocumented septic system all on less than a one half acre parcel. ATIACHMENT 2 ... • The State has been notified that there is a well at this business, but realizes that there are no legal records of this well. The State writes in their official report that there is no well at this business. The job in their minds is considered done. The business owner then decides they want to sell the business. They would need to claim that there is a well. No problem. The State will then have that business owner apply for a water right for the well that the State adamantly maintains does not exist. When I protest this application for a water right; at 8:07 AM the next morning, people in some of the highest levels of State government are notified that I had the gall to protest this application. Yes , its business as usual , both at the County and State levels. Dishonesty, collusion, cover-up, negligence, abuse of power. It's all there. Is there factual documentation to support my statements? Yes, reams of it. Perhaps it is time that the despicable behavior of the County and State are brought into the light of day and shown for what they truly are . Or do we remain dumb and silent and thus become sheep led to the slaughter? Neal Jones njones14791 @gmail.com 2 Commissioners, Regarding: 13. 11:00 - For Possible Action - Public Hearing - Discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2018-07: A Bill proposing to amend Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, by adding Section 17.04.820 relating to the standards for the placement of Manufactured Homes and Factory-Built Homes; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date. Private property rights are the foundation of economic activity. A persons right to do with their property as they choose and determined by how they determine it's best use is the bedrock of freedom. To the degree a government restricts the rights of a property owner is a measure of how much freedom is being deprived of the individual under such government. Pahrump has many vacant lots invested in years ago, with the dream of the owners to retire here and put this property to use. Preferred Property set this in motion ATIACHMENT 3 ­ :7 , e ", • decades ago and it's footsteps was followed by locals who were moving from large farming operations to property development and sales. These proposed changes in Title 17 not on ~ rest rict the 1.\ freedom of those invested in the property y stvrnie economic development in the process. A person should be able to continue to buy and place on their property manufactured homes that meet HUD standards and are habitable. A property owner may want to start off with a used manufactured home with the intent as their financial situation improvet ~ell that to another person with a similar goal and trade up to a better home. Pahrump is not lacking in housing or vacant property that lies within planned communities with home owner restrictive measures in place. To pass these changes in title 17 creates government mandated homeowner association rules on private property owners /who rejected living in a boxed in restricted manner. What difference does it make in safety and welfare of the people, if a manufactured home is a single unit or made of fi ~-\:-" {jV\ ' several attached urilts? Nothing. Provided the home can pass inspection or be repaired/modified to pass inspection they should be allowed for use.. 2 • NRS has this to say about manufactured homes: NRS 461A.115 Duty to inspect and report mobile homes suspected of being substandard or mobile home parks suspected of being operated in violation of applicable law. If an agency for enforcement has cause to believe that a mobile home is substandard or that the owner of a mobile home lot or mobile home park is in violation of any applicable health or safety code or regulation, or is in violation of any provision of this chapter or any regulation adopted pursuant thereto, the agency shall: 1. Inspect the mobile home, mobile home lot or mobile home park not later than 3 business days after the agency learns of the alleged substandard condition or violation; and 2. Make a report of the inspection to the Administrator not later than 2 business days after completing the inspection. (Added to NRS by 2005, 2331) SUBSTANDARD MOBILE HOMES NRS 461A.120 Conditions which render mobile home substandard. Any mobile home where there exists any of 3 • • the following listed conditions which endangers the life, health, property, safety or welfare of the public or the occupants of the mobile home is hereby declared to be substandard: 1. Inadequate sanitation. 2. Structural hazards. 3. Nuisance. 4. Hazardous wiring. 5. Hazardous plumbing. 6. Hazardous mechanical equipment. 7. Faulty weather protection. 8. A condition as to cause a fire or explosion. 9. Faulty materials of construction. 10. Hazardous or unsanitary premises. (Added to NRS by 1981, 1231) Attaching the manufactured home to a permanent foundation may prove detrimental in the eve ntt~ of flooding and earthquakes. And from what I can ascertain, we don't really know the true extent of the flood plain here in Pahrump or it's actual borders. And the ground 4 • • setting requirements in the change will add substantially in the cost to the owner. $l,OOO's more. By approving these changes the affect will be a substantial loss of property values to those owning older manufactured homes, they being unable to sell the home to a neighbors for use as they replace it with another home. ~'~'<~ ~ CCJ~\c\ U-Vvtcl L' L. ~ ~() /06 % I os » CJ~ +~D U(~[ ur U -\ Q:. \ () [ l~l, ~ '-<---+ 5 ~ ~Q yv1o. vt0 t-Clc/t'i.oc:f h ~I By approving these changes you would be forcing the owner of the manufactured home to have it assessed as real property and not remain as personal property and taxed as such. And with the pending legislation related to property tax increases this could economically harm many lower income residents. And finally, we need more affordable housing not more restraint on freedom. These changes eliminate the right of a lower income person who owns a lot in the restricted zoning their right to live therein the manufactured home of their choice. Many cannot afford the larger multi section homes. I urge the commissioners to reject these changes and strike the bell for freedom. Please restrain the government from further watering down the private property rights of myself and my neighbors here in Pahrump. 5 • • Please include these comments in the minutes of today's meeting. Sincerely, D~t Lilly . pahrum!2ident 6