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Public meetings / Board of County Commissioners

April 19, 2016

105 turns, 105 with a named speaker, under 17 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 Schinhofen

discussed speed limits. He stated there were two legal speed limits in Pahrump, 25 mph and 45 mph, and the other limits had not been passed even though the signs were up. If that statement was true, Ms. Nelson asked the Commissioners to have all the signs not having 25 mph or 45 mph removed and replaced with legal sign limits as soon as they could. Diane Southworth said the Nye County Democratic Party would have a booth at the Wild West Extravaganza and would take up a donation for K-9 vests for the Sheriff’s Department. Don Cox did not think Gus Sullivan should be considered for Justice of the Peace in Pahrump because he was not a judge and he lived in Beatty. Mr. Cox thought there should be an election held for the position. Richard Goldstein, representing Boy Scout Community Group 651, said they were in the last two weeks of selling camp cards and he had 30 tickets left to sell, which were $5.00 each. Secondly, the Wild West Extravaganza was coming up and normally the Commissioners had an entry in the great outhouse race. The Boy Scouts were having one also and their intention was to beat the Commissioners. Andy Alberti read a letter into the record regarding NRS 239, which governed the destruction of public records and fees for copies of them [attached). He requested that County government examine the procedures in NRS 239 to conform to the law. Deborah Beafty explained the Recorder’s Fraud Alert added a new feature to include the APN. Notification can now be received of any documents recorded with a person’s name or against a specific APN for early detection of fraud. The service was free of charge and Ms. Beaffy encouraged everyone to sign up for it. Charles Augustin advised there would be a series of presentations about cancer at truthaboutcancer. com. Dean Miller asked for four-way stops at Irene and Highway 160, at Mesquite and Highway 160, and at Bell Vista and Highway 160 as there had been some horrible accidents along there. Also, the tower at Bell Vista and Highway 160 was the closest one to the airport and he had never seen lights on it. Tom Waters, chairman of the Pahrump Prostate Cancer Support Group, said there would be a meeting Saturday at The Nugget at 2:00 p.m. to learn about a revolutionary blood test that could replace biopsies and determine aggressiveness. April 19, 2016

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

Commissioner Wichman

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

5. Announcements (first)

Commissioner Schinhofen

said the Wild West Extravaganza would be May 6-8 2016.

Commissioner Wichman

asked everyone to keep May 28, 2016, on their calendars for the Jim Butler Days celebration in Tonopah.

7. Commissjoners’IManager’s Comments (This item limited to announcements or

Commissioner Schinhofen

stated Ron Kent resigned March 31, 2016, so that was when the seat went vacant and the rumors were news to him. Secondly, the statements he made on the radio were about County speed limits, 25 mph for unimproved and 45 mph for improved. The State highway was not a County road and was under State jurisdiction as were school zones. Ammie Nelson advised the radio show would be repeated tonight at 7:00 p.m. As far as four-way stops, Commissioner Schinhofen pointed out again that was a State highway and the County had to go through a lot of rigmarole with NDOT to get anything done on State highways. He did appreciate the concerns.

Commissioner Cox

thought the problem was a lot of the streets were marked 35 mph when they should be 45 mph and officers were giving tickets for going over 35 mph when they should not be.

Commissioner Borasky

asked Darrell Lacy, Planning Director, about the item to address waiving soils reports for manufactured homes. He wanted to see that along with something for another way to address the housing in Comstock Park which was April 19, 2016 7. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshops/agendas)-Cont’d. becoming useless because of age, etc. Commissioner Borasky then let everyone know he went through seven roundabouts as he traveled to and from Arizona last week and came out of all of them alive. He knew there were a lot of people worried about roundabouts, but if they learned how to drive through them properly he did not think it would be a problem.

Commissioner Wichman

discussed the huge rock donated from Round Mountain Gold that was put in Pahrump and the Board’s commitment to put a plaque on it to memorialize that it was from Round Mountain Gold. That had not happened and she would like to see that pursued. Also, many months ago Commissioner Wichman asked that “In God We Trust” be taken down behind where the Commissioners sat in Tonopah because it was basically extremely tacky. She would like to make those words a little smaller and put it like it was in Pahrump.

Commissioner Schinhofen

advised he had talked to Planning about how the Liquor and Licensing Board should include MMEs. TIMED ITEMS

8. 10:00 Presentation of certificate andlor plagues to six (6) employees honored

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

15. For Possible Action - General road report by Public Works Director

Mr. Fanning

said they were working toward a resolve to bring back to the Board. As far as costs, Mt. Fanning advised it was about $600,000.00 for just the entire valley.

Commissioner Ccx

suggested the County send a letter to the judges with a copy to the Sheriff’s Office informing them that anything marked 35 mph should actually be 45 mph and they should not give tickets and fines if they were going 45 mph or less.

Commissioner Schinhofen

asked staff to bring back a letter.

Commissioner Borasky

said some of his constituents who lived by the high school were wondering why a sign could not be added to the speed limit sign stating “When Children Are Present.”

Mr. Fanning

said if Commissioner Borasky could nail down the area he was talking about they could look into it and get him an answer.

Commissioner Borasky

noted there were a lot of trees growing in the County right-of way, some of which were growing into the street and scratching people’s cats.

Commissioner Wichman

mentioned the holes that had appeared on Toquima Range Road between Highway 376 and the Mootes Creek intersection. In response to Commissioner Carbone’s inquiry about Bell Vista, Tim Carlo from Public Works advised they were still patching potholes to the west. He also clarified that while the road report said it was modified to 1 3 tons to allow for local deliveries, it should say it was modified to 13 tons and allow local deliveries.

Commissioner Wichman

asked if anyone was coming to the table to help pay for this so it could be done right instead of just patching.

Mr. Fanning

advised not as of this time, but they were going to rebuild the entire road, not just patch it.

Commissioner Carbone

added that this was a commerce toad so grants were being looked at.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. April 19, 2016 SITflNG AS THE GOVERNING BODY OF UNICORPORATED TOWN OF PAHRUMP

18. Town of Pahrump Ongoing Project Report

Commissioner Schinhofen

asked Mr. Luis to forward him what was requested and the reply.

Commissioner Borasky

asked if it would be enough power for a complete build-out of the fairgrounds property.

Mr. Luis

said it would be the complete build-out for the 28 acres and possibly the rodeo arena across the street, but it could not be brought into the location for the 427 acres.

Commissioner Cox

asked where the money would come from for that power.

Mr. Luis

said he and the County Manager would explore where to get that funding. Pam Webster added there was a fairgrounds fund that room tax had been going into for development of the fairgrounds property.

19. For Possible Action Discussion and deliberation to: 1) determine that a

Commissioner Wich

man made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Wichman

amended her motion to determine that the parcel held by the Nye County Treasurer could be used for a public purpose and to make application;

Commissioner Schinhofen

amended his second. Ammie Nelson questioned how the property could be used for events when it was located between East Mount Charleston Drive and J.G. Johnson Elementary School off of Jack Rabbit Street.

Commissioner Carbone

clarified it was not for events, just parking and access to the Ian Deutch Park.

31. For Possible Action Discussion and deliberation regarding approval of a

Commissioner Wichman

made a motion to approve; seconded by Commissioner Sch in hofen.

Commissioner Wichman

introduced Jim Garza, who spearheaded this program with the reservation. She hoped he looked to the other reservation also. Jim Garza, owner of ROBOFARM, LLC, explained his company developed a high-tech computerized climate control management system to grow vegetables and fruits inside. This grant would allow them to build a lab at the Duckwater Shoshone Elementary School and Pyramid Lake Junior High School. The youth would collaborate with each other and provide crops to the community. April 19, 2016 31. For Possible Action Discussion and deliberation regarding approval of a letter of support for the Duckwater Shoshone Tribal Council grant application in partnership with the Duckwater Shoshone BIE Elementary School and ROBOFARM, LLC, a private industry provider of hydroponic systems and educational programs to create an Agricultural Biotechnology Crop Production Business Model along with a Laboratory Educational Program.-Cont’d.

Commissioner Wichman

said she asked the Tonopah Conservation District to have this on their agenda in May for a support letter as well.

41. For Possible Action Discussion and deliberation to adopt, amend and adopt,

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. SHERIFF 35. For Possible Action Discussion and deliberation to 1) determine Nye County Sheriffs Office K-9’s Indie, Ciro and Radar are no longer required for public use; 2) surplus the 3 K-9’s; and 3) determine it is in the best interest of Nye County to retire and transfer ownership of the 3 K-9’s as follows: K-9 Indie to Deputy Jason Hunt, K-9 Ciro to Deputy Robert Cathcart and K-9 Radar to Sergeant James McRae pursuant to NRS 332.185.

Commissioner Schinhofen

made a motion to 1) determine Nye County Sheriff’s Office K-9s Indie, Cito and Radar were no longer required for public use; 2) surplus the three K-9s; and 3) determine it was in the best interest of Nye County to retire and transfer ownership of the three K-9s as follows: K-9 Indie to Deputy Jason Hunt, K-9 Ciro to Deputy Robert Cathcart, and K-9 Radar to Sergeant James McRae pursuant to NRS 332.185; seconded by Commissioner Wichman. Pam Webster explained the language for this was somewhat odd because they were fixed assets in the system. As they were more than $3,000.00 and had a useful life of more than two years, they had to be excessed for the County to take this action. April 19, 2016 35. For Possible Action Discussion and deliberation to 1) determine Nye County Sheriff’s Office K-9’s Indie, Ciro and Radar are no longer required for public use; 2) surplus the 3 K-9’s; and 3) determine it is in the best interest of Nye County to retire and transfer ownership of the 3 K-9’s as follows: K-9 Indie to Deputy Jason Hunt, K-9 Ciro to Deputy Robert Cathcart and K-9 Radar to Sergeant James McRae pursuant to NRS 332.1 85.-Cont’d.

Commissioner Wichman

asked that item 25 be pulled for discussion.

Commissioner Schinhofen

made a motion to approve items 22-24 and 26-27; seconded by Commissioner Wichman. Ammie Nelson noted item 26 said the deadline to apply was April 13, 2016, which had passed.

Sheriff Wehrly

advised they already applied. They just had not accepted it.

Commissioner Wichman

pointed out the biggest cost for this was the data storage and retrieval of that information. She believed the State was working on a statewide data retrieval storage system and she did not want to get ahead of the game and get things going that would not work with that.

Sheriff Wehrly

said they were just asking for an approval to apply. There was a Sheriffs and Chiefs meeting where this topic would come up in May.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Sch in hofen.

Commissioner Schinhofen

asked for an amendment that when this came back that was delineated as well as how much and how the County would do that.

Commissioner Wichman

amended her motion; Commissioner Schinhofen amended his second; 5 yeas. BOARD OF COMMISSIONERS-Cont’d. 28. 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. April 19, 2016 29. 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. 30. 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. DISTRICT ATTORNEY 32. For Possible Action Discussion and deliberation to declare Judge Ron Kent’s Justice of the Peace position vacant and determine whether to: 1) fill the unexpired term (approximately two years) by appointment; or 2) pass a resolution to hold a special election to fill the position for the unexpired term. This item was removed from the agenda. 33. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2016-57: a Resolution amending Nye County Resolution No. 2011-104 by temporarily amending the boundaries of the Pahrump and Beatty townships. This item was removed from the agenda. 34. For Possible Action Discussion and deliberation on a proposed settlement agreement regarding UICN vs. Nye County concerning an alleged breach of contract and authorization for County Manager to execute final settlement agreement. This item was removed from the agenda. SHERIFF-Cont’d. 36. For Possible Action Discussion and deliberation to issue a Display Fireworks Event Permit to the Town of Tonopah. Kat Galli, Applicant.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. April 19, 2016 COUNTY MANAGER 37. Ongoing Project Report The report was in the back-up. Pam Webster asked the Commissioners to come back to this item later in the meeting as she had more information being summarized right now in the form of an updated economic development report that she would like to add. [See page 19.] 38. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2016-46: a Resolution directing the transfer of Nye County Treasurer Trust property to Town of Pahrump for public purposes.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Wichman.

Commissioner Wichman

asked what the public purpose was. Christi Kindel explained that while sitting as the Pahrump Town Board the Commissioners made application and approved it for a public purpose to the Board of County Commissioners and now as the Board of County Commissioners they were accepting the application.

Commissioner Wichman

said she was working on the one for NRS 450 so that could be pulled. Pam Webster said she kept it on the list so staff could keep track of it. She added this list was just presented to keep it on the radar so that the County was ready when it came time for BDRs. FINANCE 40. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2016-56: a Resolution to augment County Funds.

Commissioner Wichman

made a motion to adopt Resolution No. 2016-56; seconded by

Commissioner Schinhofen

; 5 yeas. April 19, 2016 SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWN OF PAHRUMP 20. For Possible Action Discussion and deliberation regarding amendments to the Town of Pahrump’s Personnel Manual and matters related thereto.

Commissioner Carbone

said this was changing it to allow for the carrying of liquor in cars as long as it was sealed.

Commissioner Schinhofen

made a motion to approve.

Commissioner Cox

had a problem with the way it was worded. Pam Webster explained a specific example of this was the tourism director who often carried bottles of wine in the vehicle for distribution or special events. Danelle Shamrell added it also included gift baskets and things like that.

Commissioner Wichman

said she read it that this would prohibit that.

Mrs. Shamrell

noted it said unopened alcoholic beverages and/or containers were not permitted in a town vehicle and that needed to be corrected.

Commissioner Schinhofen

amended his motion to approve as corrected; seconded by

Commissioner Wichman

; 5 yeas. SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY GABBS 21. For Possible Action Discussion and deliberation on approval to certify a Vulnerability Assessment Plan and Emergency Response Plan has been completed for Nye County.

Commissioner Wichman

asked who brought this forward as she was curious about the date on it being 2010. Pam Webster knew Vance Payne was involved and confirmed these documents existed, and she thought 2010 was the date of the documents.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. April 19, 2016 SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS-Cont’d. 9. 10:45 For Possible Action Public hearing, discussion and deliberation — — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 408 0 Avenue, Gabbs, Nevada.

Commissioner Carbone

opened the public hearing. Jim Basinger, the complainant, was present. He advised the property had been kind of cleaned up and his biggest complaint was the stuff parked on the street. Those had been moved off the street to different properties and six or seven vehicles were moved into the back yard. As a volunteer firefighter Mr. Basinger also saw a problem with fighting a fire there. As far as the allegations of a junk yard and how it was defined and possession of unregistered vehicles, etc., Commissioner Wichman did not think that was how a nuisance complaint came forward. That was a misdemeanor and she did not want to deal with that portion of it because she thought that was outside the Board’s jurisdiction. She did have a public safety concern about the vehicle up on jacks in the front yard.

Mr. Basinger

advised those had been fixed and put in the back yard. The alley was also clear at this time.

Commissioner Wichman

believed the issue with this piece of property was that he had failed to secure a license for a junk yard. She did not see anything that would trap children and did not find any threats of household garbage outside. She suggested to

Mr. Basinger

that this be taken to the Sheriff’s Office as a misdemeanor complaint about the failure to license. Sam Merlino stated notice was provided to the property owner on March 30, 2016, who was not present. To declare a public nuisance, Christi Kindel advised the Board would have to make particular findings as to what the public nuisance was. It sounded like most of what was a concern had been cleared. She believed there were potentially other ways to handle this including citations through the Sheriff’s Office for failure to license. Since the complainant testified the trailer had been moved as well as the vehicle that was up on jacks, Commissioner Wichman said she was not able to find that there was a public nuisance from what she saw.

Commissioner Wichman

made a motion to adopt Resolution No. 2016-55 declaring that the Board of County Commissioners did not find a public nuisance; seconded by

Commissioner Schinhofen

. April 19, 2016 9. 10:45 For Possible Action Public hearing, discussion and deliberation — — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 408 D Avenue, Gabbs, Nevada.-Cont’d.

Commissioner Carbone

closed the public hearing.

Commissioner Wichman

made a motion based on the findings made to adopt Resolution No. 2016-55 declaring that there was not a public nuisance; seconded by

Commissioner Schinhofen

; 5 yeas. 10. 10:45 For Possible Action Public Hearing, discussion, and deliberation to — — issue an Outdoor Festival License to Jetpack America/Spring Mountain Motorsports for Hydro-Fest 2016 to be held June 10-12, 2016, at 3601 S. Highway 160, Pahrump, Nevada.

Commissioner Carbone

opened the public hearing. Dean O’MalIey, president of Jetpack America, explained this event would be a chance to showcase the Spring Mountain facility and the new lake. They would bring in some of the top hydro-flight athletes for a great show that was a completely free, family friendly event open to the public. They were looking to put on a concert Saturday which would possibly push them up over the 1,000 person mark.

Commissioner Catbone

closed the public hearing.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. 11. 10:45 For Possible Action Continued Public hearing, discussion and — — deliberation regarding a request to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2016-03: A Bill proposing to amend Title 2 of the Nye County Code, titled Administration and Personnel, Chapter 2.08, Titled Department of Health and Human Services, by Amending the Definitions; Amending References to the Nevada Revised Statutes; providing for the Severability, Constitutionality and Effective Date thereof; and other matters properly related Thereto; and 2) Set an effective date.

Commissioner Wichman

made a motion to adopt with an effective date of May 9, 2016; seconded by Commissioner Schinhofen.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Carbone

opened the public hearing.

Commissioner Schinhofen

made a motion to continue the public hearing on this item possibly for the next meeting as the Sheriff had given them about 15 additional items late and they would like to work together so they were all on the same page on this; seconded by Commissioner Wichman; 5 yeas. 13. 11:00 For Possible Action Extension of Time Application ET-2016-000003: — — Public Hearing, discussion and deliberation regarding a request for an Extension of Time for Special Use Permits SU-14-0013 and SU-14-0014 to allow medical marijuana establishments (cultivation and production) located at 340 E. Mesquite Avenue, Pahrump, Assessor Parcel #29-601-28. Janet Jensen Property Owner. NCMM. LLC Applicant.

Commissioner Carbone

opened the public hearing. Ammie Nelson expressed concerns with this particular location as there was a school zone and a residential area right next to it.

Commissioner Carbone

noted it was the former bar.

Ms. Nelson

pointed out it was on Blagg and Mesquite with a school bus stop about 100 yards from it. Since there was going to be a lot of traffic there she felt school bus stop zones should be a concern and suggested signage about how children might be present.

Commissioner Carbone

said he would talk to the Public Works Director.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

made a motion to approve an extension of time for the special use permit with the addition of within 90 days all planning submittals must be turned in and all fees for licensing must be paid; seconded by Commissioner Cox.

Commissioner Carbone

noted the plan talked about 12 months, six months and/or three months and asked the applicant if 90 days was acceptable. Darrell Lacy explained the original SUPs given out in November, 2014, for medical marijuana were good for 18 months so they all expired on May 3, 2016. Most of them, April 19, 2016 13. 11:00 — For Possible Action — Extension of Time Application ET-201 6-000003- Cont’d. like this one, were close to being completed but needed an extension of time unless they would be opened and operating by May 3, 2016. The applicant confirmed that three months was enough time.

Commissioner Carbone

opened the public hearing. John Bosta said he would appreciate them being granted the extension. At the last town board meeting they asked for a change in doing the landscaping and the town approved that extension so they could expedite and move their project up.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

made a motion to approve the extension of time application ET-2016-000004 and within 90 days all planning submittals and all licensing fees paid.

Commissioner Schinhofen

questioned the landscaping requirement as this was a former tree farm with plenty of landscaping. Darrell Lacy said the waiver request was not agendized. As far as the 90 days, the applicant would have to let Planning know how much time they needed to finish and get operational. The applicant indicated 90 days was fine.

Commissioner Wichman

seconded the motion to approve the extension of time application ET-2016-000004 and within 90 days all planning submittals and all licensing fees paid; 5 yeas April 19, 2016 PLANNING/BUILDING

42. For Possible Action Medical Marijuana Establishment Initial License

Commissioner Schinhofen

asked if everything was in order and fees paid. Darrell Lacy advised they paid the fees, but he was not totally certain if they had received their water impact plan approval.

Commissioner Schinhofen

made a motion to approve the license and within 90 days all of that must be in; seconded by Commissioner Wichman. Amanda Conner, appearing on behalf of the applicant, stated they did go in front of the water board on March 28, 2016, and obtained approval.

43. For Possible Action Medical Marijuana Establishment Initial License

Commissioner Schinhofen

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

44. For Possible Action Medical Marijuana Establishment License Change of

Commissioner Schinhofen

made a motion to approve and within 90 days make all planning submiftals and pay all licensing fees; seconded by Commissioner Wichman; 5 yeas. April 19, 2016

45. For Possible Action Medical Marijuana Establishment License Change of

Commissioner Schinhofen

made a motion to approve a license for cultivation for Nye Natural Medicines and added they had already moved their staff from driving down Bond to down Silver and he also did not like the look of concertina wire and would rather have no wire as there were people on site 24 hours; seconded by Commissioner Wichman.

Commissioner Carbone

commented there would be a risk and he wanted to make sure the applicant understood that. Amanda Connor, appearing for the applicant, stated they did not object to removing the razor wire from the top, but they would like to clarify for the record that this motion would supersede the security plan submitted so they would not have to go through another process. Commissioners Schinhofen and Wichman stated that was how they understood the motion.

Ms. Connor

pointed out CW Nevada was on the property as well so this motion would also need to amend their security plan.

Commissioner Schinhofen

amended his motion to approve the license and ask that they bring back an amended security plan.

Ms. Connor

indicated on behalf of both license holders that they would be willing to come back with amended security plans for consideration.

Commissioner Schinhofen

restated his motion to approve the license change application for Nye Natural Medicinal Solutions; Commissioner Wichman restated her second; 5 yeas. 37. Ongoing Project Report-Cont’d. Pam Webster said she did not get the update done so she would have it on the next agenda along with the financials that were to be attached. April 19, 2016

46. GENERAL PUBLIC COMMENT (second)

Commissioner Wichman

directed him to the Clerk’s Office to file a nuisance complaint. Sam Merlino advised her and Darrell Lacy had been working on whether complaints in the regional planning area should go to them first.

Mr. Garcia

wondered why he should go to nuisance as they were violating the Code.

Commissioner Cox

commented there might be a sanitation problem too as they were overloading the system. Darrell Lacy thought it might be a Treasurer trust property.

Mr. Garcia

mentioned a tree that was growing into the street in that area also. Ammie Nelson read a letter regarding the settlement for UICN vs. Nye County [attached]. She felt the reports and results were a conflict of interest for UICN as they conducted their own studies and hired their own experts. Their own back-up stated it was not a safe method per the EPA. Ms. Nelson said the Commissioners were very wise to vote against that special use permit as it was the intent of UICN to filter water with a method that was the cheapest and most questionable method. She was against a settlement and would prefer to take it to court and have them pay the cost when the County won. Dwight Lilly felt the RIBs in existence should be reviewed for efficiency. He urged the Commissioners to hold the line and not be pressured by the legal teams of a private corporation. If RIBs were the way to go then that should be proven scientifically rather than going by current standards. Tern Nelson agreed with the last two speakers that the information was inferior and not sufficient. She spoke with Jim Garza from ROBOFARM and he was aware of other methods that were very good about cleaning up water so Ms. Nelson saw a need for further investigation. April 19, 2016

47. ANNOUNCEMENTS (second)

Commissioner Schinhofen

mentioned the Wild West Extravaganza and noted the County had no authority over water quality.

Commissioner Borasky

said he spent two days at the rural round-up in Laughlin on his way back from Arizona and the theme seemed to be creative advertising and how to achieve it. It was his first time going to one of those and he thought it was interesting. Tern Nelson stated the Nye County Sheriff’s Office was sponsoring a fundraiser to help Special Olympics and all donations would be appreciated.

48. ADJOURN

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of Thc ,2016.

Chair Ny

Coty Clerk I Deputy O9fV1I”2 tL Ammie Nelson 2950 Prospector Lane Pahrump, NV. 89048 702-350-7050 Anthony Greco has a local radio show on Fridays at 7pm and I always try to listen in. On Friday the ;5th Dan Schinhofen was a guest and spoke about speed limits in Pahrump. The show re-plays again tonight at 8pm on KPEF 97.7 fm if you want to listen.

Commissioner Schinhofen

stated there are two legal speed limits in Pahrump. There is 25 and 45 miles per hour and the other limits have not been passed. I have never received a ticket but as a CASA many of the parents I worked with had fines and even warrants served because of tickets they received going over 35 miles per hour while driving their vehicles. On social media it’s a constant mention about tickets for going 1 mile over the limit in the area of PVB and 160 on Hwy 372. Students and young people already pay huge amounts for insurance in Nevada and a ticket makes it impossible for them to pay the higher fees imposed because of a bogus speeding ticket. Senior citizens too! This might seem frivolous to those who can pay a ticket but to those who struggle to make ends meet with assistance from the state cannot afford to be penalized for not paying for a ticket in a speed trap zone with a speed limit that isn’t legal. The 35 miles an hour is on Hwy 160 and the State Highway Patrol gives out tickets too. If this is a true assessment and statement by Commissioner Dan Schinhofen, I am asking the commissioners to have all of the signs not having the 25 and 45 MPH, removed or replaced with legal limit signs ASAP. And to make this a priority because of the injury it causes citizens of Pahrump. And for the Sheriff and D.A. inform officers and deputies of this speed limit error and not to write tickets in areas posted with 35 MPH zones. There are school zones as well with 15 MPH zones that need to be replaced and instructions given in time period of having the signs replaced or removed. If I were a citizen harmed by this error, my law suit would already be filed. (And rumor has it, Pool Pack is already talking about dropping Nye County because of law suits.) Thank you for receiving this public comment, Ammie Nelson o/tq/c5 I have concerns about the preservation ofNye History. In the past, Mall Lewis was kind to show me the storage of audio tapes of Pahiump Town Board meetings going back to at least 1999. Past Town manager Bill Kohbarger emailed me stating they had been destroyed. This would be a violation of NRS 239. Fortunately they were not. I could cite other violations of NRS 239, but instead I am requesting the County review NRS 239 and fully implement its mandates including training your employees in the proper implementation and application. NRS 239.00 1 Legislative findings and declaration. The Legislature hereby finds and declares that: 1. The purpose of this chapter is to foster democratic principles by providing members of the public with access to inspect and copy public books and records to the extent permitted by law; 2. The provisions of this chapter must be construed liberally to carry out this important purpose; 3. Any exemption, exception or balancing of interests which limits or restricts access to public books and records by members of the public must be construed narrowly; and 4. The use of private entities in the provision of public services must not deprive members of the public access to inspect and copy books and records relating to the provision of those services. (Added to NRS by 2007, 2061; A 2011, 2723) ) NRS 239.051 Requirements before destruction. 1. Unless destruction of a particular record without reproduction is authorized by a schedule adopted pursuant to NRS 239.080 or 239.125, any custodian of public records in this State may destroy documents, instruments, papers, books and any other records or writings in the custodian’s custody only if an image of those records or writings has been placed on microfilm or has been saved in an electronic record keeping system which permits the retrieval of the information contained in the records or writings and the reproduction of the records or writings. A reproduction of an image of a record or writing that has been placed on microfilm or saved pursuant to this section shall be deemed to be the original record or writing, regardless of whether the original exists. 2. A microfilmed image made pursuant to this section must be made on film which complies with minimum standards of quality approved by the American National Standards Institute and the Association for Information and Image Management. 3. Any image of a record or writing which is saved in an electronic record keeping system pursuant to this section must comply with any applicable regulations adopted by the State Library and Archives Administrator pursuant to NRS 378.255 relating to the management of records. 4. A microfilmed image of a record or writing made pursuant to this section or an image of the record or writing saved in an electronic record keeping system pursuant to this section must be durable, accurate, complete and clear. 5. If, pursuant to this section, an image of a record or writing is placed on microfilm or is saved in an electronic record keeping system, the custodian of the record or writing shall: (a) Promptly store at least one copy of the microfilm or any tape, disc or other medium used for the storage of the saved image in a manner and place: Page 1 of 2 (1) Such as to protect it reasonably from loss or damage; and (2) Which complies with any applicable regulations adopted by the State Library and Archives Administrator pursuant to NRS 378.255 relating to the management of records; and (b) Maintain for the use of authorized persons a copy of a reproduction of the record or writing. (Added to NRS by 1981, 601; A 2011, 26) NRS 239.052 fees: Limitations; waiver; posting of sign or notice. 1. Except as otherwise provided in this subsection, fo..prQyidinga copy of a public record. Such a fee must not exceed the actual cost to the governmental iiilt jiae the copy of the public record unless a specific statute or regulation sets a fee that the governmental entity must charge for the copy. A governmental entity shall not charge a fee for providing a copy of a public record if a specific statute or regulation requires the governmental entity to provide the copy without charge. 2. A governmental entity may waive all or a portion of a charge or fee for a copy of a public record if the governmental entity: ()A4opts a written policy to waive all ora portion of a charge or fee for acopypfa public record (b) Posts, in a conspicuous place at each office in which the governmental entity provides copies of public records, a legible sign or notice that states the terms of the policy. 3 gymmental entity_a1 prepare and maintain a list of the fees that it charges at each . offlEe in which the governmental entity provides copies of public records. A governmental entity shall post, in a conspicuOus place at each office in which the governmental entity provides copies of public records, a legible sign or notice which states: (a) The fee that the governmental entity charges to provide a copy of a public record; or (b) The location at which a list of each fee that the governmental entity charges to provide a copy of a public record may be obtained. 4. The fee for providing a copy of a public book or record in the custody of a law library operated by a governmental entity must not exceed 50 cents per page. (Added to NRS by 1997, 2384; A 2013, 323) 1 am requesting that County government examine their procedures and others in NRS.239 to conform to the law. Respectfully submitted Andrew Alberti Jr Page 2 of 2 L41tct1114, -%%&t /9Tfl3C,4) IFL4Le Letter for the record 4/19/2016 80CC meeting ltem# 34 Regarding a settlement UICN Vs. Nye County supposed breach of contract: I have attended meetings with the Water Board Advisory Committee, the Nye County Water District Board, the Planning Commission, and 80CC meetings regarding the proposed RIB’s UICN wants to use in Discovery Park. I have witnessed bias voting, in my opinion, on the Water District Advisory Committee, as well as the Nye County Water District Board members. Regardless of repeated requests to use other methods, opposed to RIBs, the board members insisted on the hypothetical study, and approval for their hypothetical results being the only method to put partially treated waste water back into the basin 162 aquifer. I am of the opinion, the reports and results are a conflict of interest for UINC because they conducted their own study and hired their own preferred studies for the reports. And they used their results to their own advantage! I quoted from their own backup that said it was not a safe method, by the EPA. Two different pages offered testimony the ribs could not remove 80% of the antibiotics using RIB’s. And studies from other area’s report an increase in “super bugs” as a result. (My letter was part of the minutes in the last NCWDC meeting.) And it is attached to this letter for the record. Our Commissioners were wise to vote against the Special Use Permit because it was the “intent” of the UICN to filter water with a method that is the cheapest, most questionable method to use. They did not rule out the future use of another method. UINC wants to get away with the cheapest, not the best, or even second best way to assure the well owners in basin 162 of safe drinking water. I am against a settlement against our county! Take it to court and let them pay the costs when we win! Ammie Nelson 2950 Prospector Lane Pahrump, NV. 89048 -: Regarding Articles from Friday, March 25,2016 in the PVT: An article written by Wendy Barnett, to the editor, I quote: “There are members of our Pahrump Community who have chosen to incite fear and uncertainty among some, through the use of misinformation, exaggerated claims of expertise, confusion citing events which aren’t applicable, and outright propaganda by some.” After reading hundreds of pages of text copied from the EPA department, and backup from 2004 testing and opinions, I am convinced there is possibility of the contamination to our only aquifer for basin 162 and Pahrump. This is not just a paranoid, unjustified, individual’s opinion. There were public meetings held to help educate the public on the Basin 162 Water Management Plan. These were not videotaped meetings, so unless you were present you have no idea what was said during these meetings. I learned about ways to protect our water source and some of the ideas were given to the BOCC to help balance the plan with including the needs of the residents. The suggestions were disregarded and none of them have been applied to the plan. Instead, the only plan accepted by this board, is the one approved by Wendy Barnett, and other special interest members on the “Water District Governing Board Action”. In some of the backup today, there are statements by EPA concerning “Publicly Owned Treatment Works” or POTW’s and pharmaceuticals on page 18 of item U back up: “Even unused or expired medicines, which are discarded in household trash by individuals, ultimately end up in part via landfill leachate at POTW5 on their way to the environment. Thus, the individual being medicated, virtually the entire population, represent potential multi-million foci of discharges of non- conventional pollutants (pharmaceuticals) to POTWs, and hence to the environment. Recent studies on the relative contributions of various sources of pharmaceuticals to the water environment, suggest that patient contribution via body excretions is significant, and could be as high as 90 percent (Tischler et al. 2009),” And on page 19: “Complete removal of pharmaceuticals in conventional wastewater treatment plants is not possible; they cannot be relied upon to be the sole mechanism for controlling the entry of pharmaceuticals to the environment. This POTW effluent route represents a major input: by some estimates more than 80 percent of the human input, which can only be expected to grow over time as the pressure for creating newer and more powerful prescription and non-prescription pharmaceuticals increases. This deficiency in treatment capability makes it imperative to control the amount of pharmaceuticals entering these facilities via source control strategies in order to effectively reduce the burden on the environment. Thus, prevention becomes a long-term control imperative (Daughton 2003a).” There are more sources of information to convince myself the plan to place a RIB in the middle of my town is not in my best interest. Myself and others concur; There is more testing needed and outside specialist need to be included. I know of such a specialist in Henderson Nevada. I can contact him and ask for his expertise if anyone involved in these studies are willing to pay him. But for now, I am against any part of this plan being approved at this time. And my opinion is not formed by, “members of our Pahrump Community who have chosen to incite fear and uncertainty among some, through the use of misinformation, exaggerated claims of expertise, confusion citing events which aren’t applicable, and outright propaganda by some” as Ms. Barnett would like the public to believe. My opinions are from coming to the meetings and printing out the water management plan and reading it. It need to include suggestions made by the land owners in this town. There is no rush for the plan or RIB’s!! Ammie Nelson 2950 Prospector Lane Pahrump Nevada 89048 Phone: 702-350-7050