September 4, 2019

Commissioner Blundo

was not present at this time.

Commissioner Wichman

made a motion to approve; seconded by Commissione r Strickland; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Strickland

said after the Wal-Mart announcement a coalition of people was formed who would have gone to the local Pahrump Wal-Mart to picket and boycott them. She said the Pahrump Wal-Mart would not uphold the ruling of their corpor ate office to no longer open carry weapons in the stores.

Commissioner Cox

suggested the coalition contact the corporate office. She then mentioned the big weeds coming up all over again on the Calvada Eye proper ty. There was also an aerator or two in the pond that were not working that needed to be addressed.

Commissioner Koenig

added Smith’s was joining in with Wal-Mart and he was writing a letter to Wal-M art and Kroger. TIMED ITEMS

Ms. Farmer

advised September 17, 2019, was the last date the public could present projects. Pat Minshall, Amargosa Town Board member, said she was disappointed because when this came up she notified the senior project council. They were in need of more money to finish constructing a commodities building and she hoped they would apply for this. Ms. Minshall would also like a bathroom for handicapped people in the town’s outdoor space. Robert Adams pointed out the Pahrump fairgrounds project needed to get going and grant funds could be used for infrastructure including irrigation. Dave Stevens felt everything built in Pahrump was trash.

Ms. Farmer

said the third meeting for proposals from the public or County would be on September 17, 2019. She explained any project to move forward must be presented at that meeting. Eligibility would be determined and eligible projects would be presented at the November 5, 2019, Commission meeting for the Board to prioritize.

Commissioner Koenig

opened the public hearing. John Bosta said on July 24, 2019, he notified the Sheriff’s Office that the mobile home and RV park he lived in was putting buildings on concrete pads in violation of their permit. The following Monday he called the Planning Department because the Sheriff’s September 4, 2019 8. 10:00 For Possible Action Public Hearing, discussion and deliberation to: 1) — — Adopt, amend and adopt, or reject Nye County Bill No. 2019-13-Cont’d. Office said they would talk to the Planning Director, but he had not been informed of the complaint. Mr. Bosta felt the Board adopting this ordinance today would conflict because at the time he made the reports they were required to have building permits from the County. He believed the County was trying to avoid being involved in permits it did not issue and did not inspect. Trevor Dolby thought it would be useful for the District Attorney’s Office to comment on the applicability to complaints on issues filed prior to the effective date of this change. Matt Walker from the Southern Nevada Home Builders Association expressed their appreciation for the Board considering the southern Nevada amendments and their desire to see standard plans approved prior to the effective date of this Code adoption grandfathered in to avoid re-submittals. Pat Minshall said from what she read it sounded like the County wanted to do away with all types of inspections for outlying towns. She did not want to see Amargosa removed from the commercial rules and regulations.

Commissioner Koenig

closed the public hearing. In response to Mr. Dolby’s question, Chris Arabia advised that normally these would not apply retroactively. Deputy District Attorney Bradley Richardson was working on this more than he was so he would check with him, but Mr. Arabia was pretty sure it was not going to be retroactive.

Commissioner Koenig

referred to page 3 of 51, paragraph E, which stated areas located outside of the PRPD shall be exempt from the requirement to obtain permits, etc., for residential or commercial and asked if that was new or if it had always been there. Planning Director Brett Waggoner advised it was always there and that was one of the things he wanted to correct. In the Code today there was no permit or inspection requirement outside of the PRPD, but all construction was to adhere to the codes adopted. He agreed it needed to be addressed to comply with NRS, but it would not be through this code adoption. It would be an amendment to the Nye County Code.

Commissioner Koenig

thought commercial needed to be looked at and brought back for an amendment.

Mr. Waggoner

added there were permit requirements regarding fire and life safety as well as flood prevention.

Commissioner Strickland

made a motion to adopt Nye County Bill No. 2019-13 with an effective date of January 1, 2020; seconded by Commissioner Wichman. September 4, 2019 8. 10:00 For Possible Action Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-13-Cont’d.

Commissioner Strickland

said she spoke with Mr. Waggoner regarding this and felt it could be implemented very easily. There were no major changes affecting buildin g moving forward, but she agreed with the Chairman that an ordinance needed to be drafted to take care of the outlying areas.

Commissioner Cox

asked if these would only apply to Pahrump.

Mr. Waggoner

explained the building code adoption itself applied to the entire County . The only thing right now that was not required outside of Pahrump was the buildin g permits for the construction of the building or inspections. This would now make it the same exact Code all the way across the board.

Commissioner Blundo

was present via telephone

Commissioner Cox

said she would like this to fall within the purview of the towns as far as them being contacted and the department working with each individual town.

Mr. Waggoner

advised it was circulated to all town boards and comments were requested. The only one he got anything back from was Beatty, which was in compl ete support of this.

Commissioner Cox

asked if this meant they were required to get a permit.

Mr. Waggoner

said outside of Pahrump they were not required to get a permit other than for commercial. They had to come in for a fire prevention permit, which require d an inspection and plan review for fire and life safety, along with a flood elevation certificate. He agreed that there should be some type of permit required outside of the PRPD to comply with the NRS which stated once there was a building official in place for any new construction or alterations a permit was required. The inspection side of things would need to be worked out because of manpower and in order to perform inspections certifications were required. He was in full support of a permit and possib ly a plan review requirement to make sure it complied with the County codes.

Commissioner Cox

said she would rather see this put on the town agendas for discussion and see how the public felt about it. She did not think sending one letter to one person was sufficient. She said she would support this as it was, but she would like to see something in the future addressing the towns. Commissioner Cox was also worried about the added costs driving people away.

Commissioner Wichman

agreed with the cost concerns for residential. She was supporting this as the County had always adhered to the State building code. She said the problem on residential and outside of Pahrump was the 18,159 square miles that an inspector needed to cover. When the people in the northern County called for State September 4, 2019 8. 10:00 For Possible Action Public Hearing, discussion and deliberation to: 1) — — Adopt, amend and adopt, or reject Nye County Bill No. 2019-13-Cont’d. inspections on residential construction it was six to nine months before someone came out to give a permit before a shovel of dirt could be turned. She said things like placing inspectors in the northern part of the County or making staff in Pahrump cover it needed to be thought about before a County-wide building permit process was put in place.

Commissioner Strickland

said this was not changing the outlying areas. The only thing this changed was a residential building over 5,000 square feet had to have a fire suppression system.

Commissioner Koenig

asked if it would be in the original format or the new format that no one liked but Mr. Prudhont.

Mr. Prudhont

explained the only change to the format had to do with two additional worksheets so it did not really change. He said he did not feel the original report format had adequate information for the Commissioners or general public to look at to determine how the numbers were reached.

Commissioner Koenig

pointed out that the CLGF and everyone wanted to go back to the original format that they liked. He stated the County was on fiscal watch and would be for at least another year. The County should do what they wanted done. The fact that the reports did not balance was another problem. Commissioner Koenig said this needed to be fixed or the County would be on fiscal watch forever.

Mr. Prudhont

explained his office produced reports with the information available which created reports that did not have a balancing amount at the end as he was not willing to put in a number and say it was an unidentified balance. They were now going back and identifying the outstanding items they were unable to identify for those particular reports. When those reports were done again they would have a balance where the Treasurer’s report final balance balanced with the bank reconciliations. After the DTAX meeting he now understand what DTAX wanted as well as the Board and they were going to do what the outside auditor did, which was put in a number that allowed it to balance and identify that number as outstanding items they were in search of. Mr. Prudhont then September 4, 2019 9. 10:15 For Possible Action — Discussion and deliberation regarding the Treasurer’s Report-Cont’d. asked why three days before the meeting with CLGF they were told that the reports submitted were not in a format that anyone felt was acceptable.

Commissioner Koenig

said the answer to some of that was they were happy with the format until Mr. Prudhont changed it. The answer to some of the other questions were, as Chairman Leavitt said, the Board of County Commissioners was not expected to be financial geniuses. Commissioner Koenig did not know those numbers should be the same and now he would be checking it. He said the CLGF was not happy, the outside auditor was not happy, and obviously he was not happy. There was nothing he could do except bring it out in public the figures were wrong. He said Mr. Prudhont resisting the requested change was not going to get the County off of fiscal watch. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Koenig

assumed the Chair of the Board of Highway Commissioners.

Commissioner Cox

mentioned the FLAC grant was coming up and thought perhaps some roads in the older areas would qualify for help.

Commissioner Blundo

asked for an update on Wilson Road. He then advised he had a conversation with Senator Rosen’s office and he would speak with Mr. DahI after the meeting. They were very interested in something the County was applying for at the federal level and would like to help. Commissioner Blundo also asked the contractors in town to be mindful and respectful when they drove on residential roads.

Mr. DahI

said he was getting a lot of questions about encroachment permits. He proposed doing a workshop in the communities to answer questions people may have regarding encroachments, what they could and could not do, and what needed a permit. He also encouraged the public to use the Web site to submit complaints and concerns.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. September 4, 2019 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP II. For Possible Action Discussion and deliberation to: 1) Determine that excess Town of Pahrump vehicles and/or equipment are no longer required for public use; 2) Determine it is in the best interest of Town of Pahrump to dispose of excess vehicles and/or equipment through public auction; and 3) Determine that excess equipment not disposed of through auction, may be sold for scrap metal/recycled.

Commissioner Wichman

made a motion to determine the Town of Pahrump vehicles and equipment were no longer required for public use, it was in the best interest of the Town of Pahrump to dispose of those excess vehicles and equipment and excess equipment not sold through auction should be sold for scrap; seconded by

Commissioner Strickland

; 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.

Commissioner Wichman

made a motion to approve items 12.1 through 12.5; seconded by Commissioner Strickland; 5 yeas. September 4, 2019 BOARD OF COMMISSIONERS

Commissioner Wichman

made a motion that the County Manager was doing a superb job; seconded by Commissioner Strickland. Tom Waters commented being County Manager was a difficult job and he was pleased when Mr. Sutton was selected. When Mr. Waters looked at it from the veterans community Mr. Sutton had always stepped forward for anything the veterans wanted, needed or required. Mr. Waters said he was very pleased with everything he had heard and seen from the County Manager. Robert Adams stated Mr. Sutton had done a superb job. He was a pleasure to work with and his attitude was always how to make something work.

Commissioner Blundo

said Mr. Sutton was a resource and he did the best he could to be attentive to the issues. He invited Mr. Sutton to continue to broaden his horizons.

Commissioner Blundo

asked when Mr. Sutton’s contract expired. September 4, 2019 16. For Possible Action Discussion and deliberation regarding: 1) the Annual Evaluation of the County Manager; and 2) determination that the County Manager’s performance has been satisfactory-Cont’d.

Mr. Sutton

said there was no expiration date. There was a 90-day at will notice so the Board or he could terminate at any time. His anniversary date was October 1 and his review was required to be done 30 days prior to that. FINANCE

Mrs. Rucker

thought overall the County was doing well and advised that with this upgraded credit rating she would move forward on refinancing the jail bond.

Commissioner Blundo

made a motion to 1) read into the minutes the approval from the Department of Taxation for the medium term obligation to replace County fleet and 2) grant authority to the County Manager to execute quotes for year two lease/purchases; seconded by Commissioner Strickland; 5 yeas

Commissioner Koenig

read the letter from the Department of Taxation into the record. September 4, 2019 HEALTH & HUMAN SERVICES

Commissioner Wichman

made a motion to approve the contract; seconded by

Commissioner Blundo

; 5 yeas. PLANNING/BUILDING/CODE COMPLIANCE

Commissioner Blundo

made a motion to approve items 20a-20d; seconded by

Commissioner Wichman

. September 4, 2019 20. For Possible Action: 20a. For Possible Action Discussion and deliberation on Recreational Marijuana Establishment License Initial Application RM-2019-000055 -Cont’d. 20b. For Possible Action Discussion and deliberation on Recreational Mariju ana Establishment License Initial Application RM-201 9-000056-Cont’d. 20c. For Possible Action Discussion and deliberation on Medical Marijuana Establishment License Initial Application MM-2019-000083-Cont’d. 20d. For Possible Action Discussion and deliberation on Medical Marijuana Establishment License Initial Application MM-201 9-000084-Cont’d. Jay Matos introduced himself. He said in 2012 he worked on the medical marijuana bill in Nevada. He also worked with Clark County on the regulations and was on the Clark County Green Ribbon panel. Mr. Matos offered to answer any questions anyone had on the industry.

Commissioner Wichman

made a motion to approve both waivers; seconded by

Commissioner Strickland

asked if the items that were being waived would be require d at the time the parcels were built on. September 4, 2019 21. For Possible Action Discussion and deliberation regarding a request to waive the requirement to prepare drainage and traffic studies relating to Tentative Commercial Subdivision TM-2018-000016: A tentative commercial subdivision map on approximately 5.9 acres (net), located at 2703 E. Highway 95, Amargosa Valley, NV. Assessor’s Parcel Number 021-021-16. Area 51 Land, Inc. Property Owner/Applicant. Civilwise Services, Inc. Agent-Cont’d. Brett Waggoner said yes. All they were doing right now was subdividing the existing structures.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Strickland; 5 yeas.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of ,2019. Ctfair Nyd Coity Clerk / Deputy