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Public meetings / Board of County Commissioners

July 5, 2016

91 turns, 91 with a named speaker, under 12 agenda items. The words and the names are the county clerk's.

2. Approval of the Agenda for July 5, 2016.

Commissioner Schinhofen

said items 30 and 31 could be removed also as the people wanted to be present. Angela Bello explained item 23 was being removed as the initiative was not turned into the Clerk so it was moot.

Commissioner Cox

was present. July 5, 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; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

5. Announcements (first)

Commissioner Wichman

commented she had a great time in Belmont.

Commissioner Schinhofen

thanked everyone who helped with the celebration in Pahrump and asked for volunteers in the future so he could go to Belmont. Angela Bello advised clicking on “Documents” at the bottom of the Town of Pahrump’s Web site displayed a list which contained ordinances. Clicking on that brought them up. She then thanked everyone who showed up for the “Donuts with the District Attorney July 5, 2016 and Coffee with the Commissioners” and reminded everyone it was the first Saturday of each month.

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

Commissioner Schinhofen

said he had heard people were setting off fireworks in the parking lot at the shooter site, not inside the gate, and he asked County and Pahrump staff to get a handle on that. He also asked staff and Darrell Lacy to look at the disposal for MME waste as when he went by CW Nevada last week they were grinding the waste and he got the smell. Commissioner Schinhofen felt they needed to look at something to go back to the State minimums to make it inert.

Commissioner Carbone

added the Sheriff was also looking at MME waste. Sam Merlino advised Mr. Alberti turned in one petition on Friday to void Tonopah as the County seat. She would verify signatures this week and would need committees for the pros and cons so anyone interested should contact her office as soon as possible. TIMED ITEMS

8. 10:00 Presentation of certificate and/or plagues to two (2) employees honored

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

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

Commissioner Cox

asked if the road to Ash Meadows was getting excessive flooding because of Fish & Wildlife’s rerouting. Mr. Carlo said no.

Commissioner Carbone

asked about the issue with Diaz Road, an RS2477 road, which was closed off by the property owner. Darrell Lacy, Planning Director, explained they received notification from Robert Ford, who owned and operated the ABC Mine. The road in question was the main access to Ash Meadows and there was section that crossed a small piece of land that Mr. Ford had evidently placed a sign on saying the road was closed. Mr. Lacy said this was a long standing County maintained road and he was not sure what the Board proposed to do with it.

Mr. Carlo

stated he was aware of Spring Meadows, but this was Diaz, which the County did not maintain and he was not aware of any one else using it but ABC Mine.

Mr. Lacy

said he would work with Mr. Carlo and keep the Board informed, but he did not recommend any other action.

Commissioner Wichman

noted when the RS2477 filings were made there were no claims made over private property so that might be something to look at when looking at right-of-way permits.

Commissioner Schinhofen

mentioned a bump on Homestead Road at Hacienda. He knew UICN had finally worked on it and asked Mr. Carlo to look at it to make sure it was repaired to County standards. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. PUBLIC WORKS

33. For Possible Action Discussion and deliberation to approve the proposed

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wich man; 4 yeas.

34. For Possible Action Discussion and deliberation to approve the proposed

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas. July 5, 2016 SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Cox

assumed the Chair of the Licensing and Liquor Board.

Sheriff Wehrly

was present. BROTHEL 12. For Possible Action — Discussion and deliberation of existing Brothel License renewals for 201612017.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. LIQUOR & GAMING 13. For Possible Action Discussion and deliberation of existing Liquor & Gaming License renewals for 2016/2017.

Sheriff Wehrly

advised the owner of the Sourdough Saloon passed away two days ago. The lawyer told them they needed to lock up all of the assets, except they were allowed to keep the bar open. Since it was an LLC, Sheriff Wehrly asked the District Attorney about the ramifications and whether they could remain opened or if they needed to pull that license. Angela Bello said she would meet with the Sheriff today.

Commissioner Wichman

pointed out the license was not transferrable and was usually held by more than one person like a key employee.

Sheriff Wehrly

said that was unknown right now.

Commissioner Wichman

made a motion to approve the existing liquor and gaming license renewals with the exception of the Sourdough and that could be brought back as soon as the questions were answered; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWN OF PAHRUMP 14. For Possible Action Discussion and deliberation to appoint one (1) member for a term expiring January 2017 and one (1) alternate member for a term expiring January 2018 to the Pahrump Parks and Recreation Advisory Committee.

Commissioner Schinhofen

made a motion based on the committee recommendation to appoint Helen Schneider as a member and Dave Harris as an alternate member for July 5, 2016 14. For Possible Action Discussion and deliberation to appoint one (1) member for a term expiring January 2017 and one (1) alternate member for a term expiring January 2018 to the Pahrump Parks and Recreation Advisory Committee.-Cont’d. unexpired two year terms to the Pahrump Parks and Recreation Advisory Committee. These appointments are for terms expiring January, 2017, and January, 2018; seconded by Commissioner Cox; 4 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. 15. For Possible Action Approval to accept the Department of Energy (DOE) and State of Nevada Division of Emergency Management (DEM) FFYI6 Emergency Preparedness Working Group (EPWG) grant award. Funds from this grant come from the National Nuclear Security Administration (NNSA) low-level waste grant program. This grant will be administered out of Fund 10340 Grants. There is no County match required.

Commissioner Wichman

made a motion to approve items 15-16; seconded by

Commissioner Schinhofen

; 4 yeas. 16.For Possible Action Approval to 1): accept grant award 201 6-VAWA-48 from the Nevada Office of the Attorney General 2016 Violence Against Women Act Formula Grant Award in the amount of $74,907 with an in-kind match of $ 32,412.00 to be provided by the monetary value of time contributed by DA Investigators and DA Executive Legal Secretary Ill; and 2) execute the grant award documents. This grant will be administered out of Fund 10340 Grants.

Commissioner Wichman

made a motion to approve items 15-16; seconded by

Commissioner Schinhofen

; 4 yeas. BOARD OF COMMISSIONERS 17. 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. July 5, 2016 18. 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. 19. 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. 20. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2016-65: A Resolution Urging the Nevada State Director of the BLM to Begin Negotiations of a Material Sales Agreement.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas. DISTRICT ATTORNEY 22. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of nuisance of APN 001-271-02, 697 Brucite Street, Gabbs, NV as directed by the B0CC at the December 1, 2015 B0CC meeting.

Commissioner Wichman

said it had been her observation and she had photographic evidence that the nuisance had been abated.

Commissioner Wichman

made a motion to dismiss the complaint; seconded by

Commissioner Wichman

added the photographs came to her from the Chairman of the Gabbs Town Board.

Commissioner Wichman

asked if the Clerk would notify the owners that the nuisance had been abated. Sam Merlino said they could send a letter, although that was not normal procedure.

Commissioner Wichman

restated her motion that the nuisance had been abated and the Clerk would send a letter to notify the owners; Commissioner Schinhofen restated his second; 4 yeas. FINANCE 25. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2016-77: a Resolution directing the levy of the tax rate required for Fiscal Year 2016-2017.

Commissioner Schinhofen

made a motion to adopt Resolution No. 2016-77; seconded by Commissioner Wichman; 4 yeas. H/R AND RISK MANAGEMENT 26. For Possible Action Discussion and deliberation to fill a vacant Deputy position #85010-004 in the Pahrump Sheriffs Office effective immediately, due to the employee resigning on June 3, 2016. Danelle Shamrell, Human Resources Manager, advised the position was budgeted in FY17.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Wichman

said she was hesitant because of the 90 days required in every other position. July 5, 2016 26. For Possible Action Discussion and deliberation to fill a vacant Deputy position #85010-004 in the Pahrump Sheriff’s Office effective immediately, due to the employee resigning on June 3, 2016.-Cont’d.

Mrs. Shamrell

explained this position was vacated in the last fiscal year so it would not result in a savings in this fiscal year, but it was budgeted fully.

Commissioner Wichman

felt that created a situation for everyone to rush in and fill budgeted positions.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas. 27. For Possible Action —Medical Marijuana Establishment License Annual Renewal Application MM-2016-000022: Discussion and deliberation on a request for renewal of a Medical Mariiuana Establishment License for a medical marijuana establishment (cultivation) located at 9680 S. Oakridge Avenue, Pahrump. CW Nevada, LLC Applicant. Assessor Parcel #44-851-30.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 4 yeas. 28. For Possible Action Medical Marijuana Establishment License Annual Renewal Application MM-2016-000023: Discussion and deliberation on a request for renewal of a Medical Marijuana Establishment License for a proposed medical marijuana establishment (cultivation) located in Amargosa Valley at 950 E. Anvil Road, Assessor Parcel #019-751-03. Acres Cultivation, LLC Property Owner. Paris Balaouras Applicant.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Carbone

asked if they were meeting all requirements and had turned in their revisions. Darrell Lacy said it was his understanding that they did all of their paperwork administratively and were currently waiting on the final inspection at the County level. July 5, 2016 28. For Possible Action Medical Marijuana Establishment License Annual Renewal Application MM-201 6-000023-Cont’d. As far as construction, Mr. Lacy advised they were substantially complete and were just waiting on the final documentation for their final stamp of approval, at which time they could submit to the State. They were within 60 days or so of actual operation.

Commissioner Carbone

said the security plan needed to be turned in with revisions due to the size of the fences, which was crucial to him. He asked for something in the motion to include that this needed to be done by a certain period of time.

Commissioner Schinhofen

amended his motion to get the as-built drawings and all other paperwork in within 90 days; Commissioner Wichman amended her second; 4 yeas. 29. For Possible Action —Medical Marijuana Establishment License Annual Renewal Application MM-2016-000024: Discussion and deliberation on a request for renewal of a Medical Marijuana Establishment License for a proposed medical marijuana establishment (production) located in Amargosa Valley at 950 E. Anvil Road, Assessor Parcel #019-751 -03. Acres Cultivation, LLC Property Owner. Paris Balaouras Applicant.

Commissioner Schinhofen

made a motion to get all the things paperwork-wise done within 90 days; seconded by Commissioner Wichman; 4 yeas. BOARD OF COMMISSIONERS-Cont’d. 20. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 201 6-65: A Resolution Urging the Nevada State Director of the BLM to Begin Negotiations of a Material Sales Agreement.- Reopened.

Commissioner Wichman

said she made the original motion to approve this, but she wanted to change her motion in light of her learning there was much information missing.

Commissioner Wichman

made a motion to not adopt or approve and have it brought back once the additional information was incorporated; seconded by Commissioner Schinhofen; 4 yeas. July 5,2016 TIMED ITEMS-Cont’d. 9. 11:00 — For Possible Action: 9a. For Possible Action Special Use Permit Application No. SU-2016-000016: Public Hearing, discussion and deliberation regarding a request for a Special Use Permit to allow a medical marijuana establishment (cultivation) on 155.19 acres located on Craig Road, in Lower Smoky Valley, Assessor Parcel #012-131-02. Ronald & Georgia M. Almadova Property Owner(s). Agri-Tech Farms, LLC I Ron Almadova, Agent Applicant.

Commissioner Carbone

opened the public hearing. Claudia Lewis, a resident of Lower Smoky Valley, said she enjoyed living in a rural community and was concerned about having a pot farm in the area that would bring in a criminal element which was a security risk for her and her family. She asked the Board to not allow the permit to go through. Donna Otteson said she had lived in Nye County for 43 years and moved to Lower Smoky in 1984 to have a simple life and raise her children in a simple environment without worry. She felt the letter from Agri-Tech Farms was misleading the Board to believe they were a member of the community. Mrs. Offeson stated they had never lived on or produced a product on that property, and they had no vested interest in that property other than the purchase. Regarding the proposed map of the area, Mrs. Otteson pointed out what was shown as the entrance to the property on the southwest corner of the permit was actually crossing private property.

Commissioner Wichman

asked if it was on private property that was not his.

Mrs. Otteson

said exactly. The property to the south was owned by Solar Reserve and he would have to have an easement from them to cross that property. Her biggest concern was traffic and she would like a realistic idea of how they would bring employees in and take the product out since finding 3 stated the application did not contain information for a transportation plan. Dean Otteson said he had been in the Tonopah area since 1961 with 32 years in Lower Smoky and had never dreamed of having something like this come in. He had nothing against medical marijuana or the owner, but to him it was asinine to put it in the middle of a community when there was vast Nevada area elsewhere. Mr. Otteson was concerned with the traffic and the security, and he also did not understand the deletions being made in the Code regarding enclosures.

Commissioner Schinhofen

noted that medical marijuana was approved from the USDA to grow hemp, but it had to be in an enclosed building, not cultivated in the open. He explained if the Board approved this today he would have to go to the State and apply for the license, which they were not giving out right now. It then had to come back to July 5, 2016 9a. For Possible Action — Special Use Permit Application No SU-2016-000016- Cont’d. the Board to approve a license, at which time they would see all the security plans, where the buildings would be placed, the access, etc., before they gave him a license.

Mr. Otteson

stated that everything the community understood from the past owner was it would be hemp, which was fine, but then they received information about al 55-acre permit for medical marijuana. Everyone had been misled and was upset. A poll by Commissioner Carbone of the Smoky Valley residents in the audience revealed none of them were in favor of this. Ron L. Almadova, the property owner/applicant, said he did not live on the property but he had tried for years to get a project for a hydroponic farm and could not get the funding. He farmed hay until 2011, then needed re-seeding which was more money than he could raise so the property sat. He found out he could do industrial hemp, however, he felt all of the people in the community were against it. Therefore, Mr. Atmadova withdrew his application and stated he would not reapply. Dick Reason said he had lived in Lower and Smoky Valley for approximately the same amount of time as the Ottesons and other people and he was very happy that Mr. Almadova dropped his permit, however, there were some things the Commissioners needed to hear about future applications. There were schools closer to the area than the people who did the research for the Board found because it said there were no schools within 1,000 feet, which was untrue. Mr. Reason’s objection was marijuana establishments being brought to a rural remote area. He was 100% for industrial areas as stated in the guidelines as those areas had the protection needed and he did not understand pulling something like this in an area that was crime free.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

understood there was a lot of fear around this industry and he had heard a lot of comments like these in other areas. He said he had not heard of any break-ins on wet plants as they wanted it after it was grown.

Commissioner Wichman

made a motion to amend and adopt Nye County Bill No. 2016- 04, the amendment being to remove the requirement for the hepafilters; seconded by

Commissioner Catbone

commented this would eventually be brought back due to the issues discussed during the special meeting with the Sheriff and the growers to look at the fees.

Commissioner Wichman

amended her motion to add an effective date of July 25, 2016;

Commissioner Schinhofen

amended his second. Dick Reason stated his concern was about item A on page 13 as he understood items 1-5 were being stricken.

Commissioner Schinhofen

advised those were not being stricken. Lorina Dellinger added the back-up was changed on Friday.

Mr. Lacy

repeated that he would not ask for any legislative changes for the Nye County Water District Board as the board did not make any suggestions or determinations regarding legislation. However, as far as discussions around the groundwater management plan and how the implementation of some of the items discussed may need legislative changes, those were policy issues that staff would not drive as the Board of County Commissioners was in the best position to make those recommendations at this time. Any recommendations still had to go to the Legislature before anything was implemented and as seen at the last legislative session changes to water law did not go easily. There was a lot of vested interest in water issues and things that might potentially look appropriate for the Pahrump basin were things that other parts of the State did not support.

Ms. Nelson

did not think it was right to make any changes in the legislative law pertaining to Basin 162 and was against any changes going forward until there was implementation suggestions made by the public in Pahrump. She was very concerned about any legislation going forward that would give Jason King any authority over Pahrump’s groundwater. Dave Caudle said he had been involved with the groundwater management plan advisory committee since its inception and urged the Board to take no further action on this plan. The groundwater management plan was a result of special interest efforts to hijack Basin 162 groundwater for their own purposes. Many suggestions required changes in the law and were simply being proposed to give the State Water Engineer more power to control the public’s groundwater. It did nothing to address the over- allocation of water tights and that office was currently ignoring the existing laws for administering actions necessary to remedy the situation. Reduction of the domestic well allocation was a taking and would drastically reduce the value of property in Basin 162 and statewide wherever domestic wells existed as these would be new state laws.

Mr. Caudle

urged the Board to not take any action and not support this onerous plan. Regarding the groundwater management plan, Kenny Bent felt it was for the State Engineer’s Office and certain interests that wanted to control all water, not in the best interests of the community. This valley had specific issues that did not apply to the rest of the State and the reason for a plan was to try to allow the State Engineer to create a July 5, 2016 21. For Possible Action Discussion and deliberation regarding recommendations to the legislative committee to propose legislative changes including changes needed for the Basin 162 Groundwater Management Plan and the Nye County Water District Act-Cont’d. new category. Mr. Bent advised the Board to not move forward with a water plan but rather move toward a good solid policy. Andy Alberti said the term Basin 162 groundwater management plan was misleading as it sounded to him more like the groundwater redistribution of water rights and usage management plan. People moved here with the expectation of how much water was available to them at their residence and what he heard was a redistribution of what the allocation had been in the past. John Bosta encouraged the Board to take a look at the 1939 Water Act which gave the State Engineer power over artesian wells only. It did not give him power over domestic wells. At the last drought meeting held in Dyer the State Engineer admitted they were asking the State Supreme Court to move the lawsuit forward because of determinations that needed to be made which were in direct opposition to what was being recommended in Basin 162. Also, it seemed Mr. Lacy wanted to make a report that had not been approved by the Water District or by the Board of County Commissioners at the legislative hearing so he could say this was what the County wanted to be represented in 2017 and Mr. Bosta did not think that was what the Board wanted.

Commissioner Schinhofen

said he made the motion for the water plan, which had eight items on it. This Board voted on it and sent it to the water governing board to see how to implement it and they moved on some of it. He believed Mr. Lacy wanted direction from the Board as to which item they wanted him to speak on at the legislative hearing.

Commissioner Cox

stated when she voted on this she voted along with Commissioner Schinhofen in order to pass it and get part of it to go back to the water board as they had not done their job and made a decision. She did not then and does not now agree with having to make changes in legislative laws in order to make things better. Things were running along pretty smoothly until someone decided they wanted to cut everyone back on their domestic well use. She agreed with Mr. Bent and Mr. Caudle that domestic wells had to be protected and she did not want to support anything else going to the legislature.

Commissioner Carbone

said he was still looking for specific items that he hoped to get before the meeting on July 11, 2016, and then the questions would be published. July 5, 2016 PUBLIC PETITIONER

35. For Possible Action Discussion and deliberation to appoint four (4)

Commissioner Schinhofen

made a motion for Area 2 to reappoint Joe Westerlund; seconded by Commissioner Wichman; 3 yeas. Commissioner Cox voted no. Ammie Nelson noted that Mr. Westerlund worked for the public utility companies and felt it might be a conflict of interest for him to deal with the groundwater management plan issues when it came to private well owners.

Commissioner Carbone

clarified Mr. Westerlund worked for the Town of Tonopah.

Commissioner Wichman

added they were a municipal water system which was how he got the education in water. Dave Caudle urged the Board to carefully consider whether it was appropriate to appoint members to this board. He said it was apparent from past meetings of this board that it only considered actions that impacted Basin 162 and Pahrump residents. Further, this board had done nothing to benefit the residents of Nye County and had cost the taxpayers a substantial amount of tax money with nothing to show for it.

Commissioner Schinhofen

called for a point of order as this item was not about the validity of the board.

Ms. Nelson

pointed out her application was put in also and she hoped she would be considered as well.

Commissioner Schinhofen

made a motion for the At Large position to appoint Dave Hall; seconded by Commissioner Wichman; 3 yeas. Commissioner Cox voted no.

Commissioner Schinhofen

made a motion for Area 4, Position 3, to reappoint Dennis GaUdy; seconded by Commissioner Wichman; 2 yeas. Commissioners Carbone and Cox voted no. The motion failed. The Board had no other suggestions for appointments for Area 4, Position 3.

Commissioner Schinhofen

made a motion for Area 4, Position 2, to appoint Chad Goins; seconded by Commissioner Wich man; 2 yeas. Commissioners Carbone and Cox voted no. The motion failed. July 5, 2016 35. For Possible Action Discussion and deliberation to appoint four (4) members to the Nye County Water District (NCWD) Governing board for positions due to four (4) terms expiring.-Cont’d.

Commissioner Schinhofen

asked the District Attorney if the Board had made every effort to appoint. Angela Bello asked if it had been advertised.

Commissioner Carbone

said it had not been advertised again, but the Board could request it be re-advertised to bring more people in.

Ms. Bello

thought that was a good idea and it should be posted on the Town’s and County’s Web sites also.

Commissioner Schinhofen

pointed out the two open positions were Pahrump positions.

Commissioner Carbone

clarified the re-advertising was direction to staff.

Commissioner Wichman

asked if this action gave Darrell Lacy enough of a board to meet and conduct business.

Mr. Lacy

said yes. Four people were needed for a quorum so if four of the five showed up there could be a meeting.

36. GENERAL PUBLIC COMMENT (second)

Commissioner Carbone

cautioned Mr. Bent that he was discussing agenda item 21.

Mr. Bent

said he would e-mail information to the Commissioners to move in a more appropriate direction with the Nye County Water District Governing Board as far as legislation that would go a long way to fixing the problem with the water law. Ammie Nelson applauded Commissioner Cox for taking the stand against reappointing the same water board that was not appointed in the previous meetings as they had done nothing that was expected of them to do. Ms. Nelson hoped she was appointed to one of the at-large positions.

37. ANNOUNCEMENTS (second)

Commissioner Schinhofen

stated that just because people did not do what some people wanted did not mean they were not heard. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Cox

assumed the Chair of the Licensing and Liquor Board. LIQUOR & GAMING 13. For Possible Action Discussion and deliberation of existing Liquor & Gaming License renewals for 201612017.-Reopened.

Sheriff Wehrly

advised they had looked into the liquor license for the Sourdough and he owned and controlled 100%. Silver State Legal was listed as the registered agent for Richard DeBauche Enterprises LLC, however, after talking with them they said they did not do anything with the business. Sheriff Wehrly stated that at this particular time there was no reason to keep that business license open and it would lapse. July 5, 2016 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissione rs.

38. ADJOURN

Commissioner Carbone

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

Chair Nye

oun4 Clerk / Deputy July 5, 2016 Ammie Nelson 702-350-7050 Cell Phone 2950 Prospector Lane Pahrump, NV. $9048 I have my letter and application to request to be on the Nye County Governing Water Board to be placed on ifie. I did not receive the Pabrump Valley Times for about 3 months and did not see any notice for the applications for the board. Since this was not made available I request there be no one accepted until the public has a place to see the positions available. The PVT has two publications a week and if there is a time table, it doesn’t give the public much time to apply if that’s the only source of information. The County Website doesn’t post openings. There are documents of all kinds, but nowhere is there a place to request applications for any of the boards for the County. It would benefit the public to have these documents available as are the agendas and schedules to all of the boards. I called the number for the application to the Planning Commission and didn’t get a reply. This is not acceptable when the web masters and IT are paid generously. In the past, I have communicated with the web master and told the County web site is a work in progress. If that’s the case, it has been in progress for over a year. I have not been able to get copies of Town ordinances since my first try in 2014. Hopefully the commissioners can correct these prob]ems quickly. Ammie Nelson A ‘% A ? i’ A — JIJW !wrL!’..1 Pahrump Town Office Nye County Administration 400 N. Hwy 160 2100 Walt Williams Dr. fl-,1 MI Of1rI11I .,-ns I Gill Ull IJp l U IJSW’SLI ‘/f T ‘ ‘.I? 0CliiO I CIII UI II U iW-1.J lIpp (775) 727-5107 (775) 751-7075 Name of Board: Nye County Water Governing Board Applicant Name: A--- ?,l 1111 lI I ‘4l.LII I (iL’i’),iiñ-i Today’s Date: ‘.JI tI L.IJ II] Home Address: City: State: Zip: 2950 Prospector Lane Pahrump Nv 89048 Mailing Address: City: State: Zip: £,JU TI J.jtJl rc!HIUfl!fJ INV uj-i.c_i Huie Telephone: Other Ttephone: E-mail address: 702-350-7050 NA nrgrus@yahoo.com Are you currently employed by Nyc County: If yes, which Department: I have attached my resume/letter of interest: NA Please provide a brief description of your qualifications, experience, or interests that would be considered an asset to this Board: I •_ I+L+ Al —fS—.I I I I V IJl I III VIJI VIJ VU ILl I Cl l 1_Ill I I JL. V V Cl IVll I lI IC I II I I I..I I l V L35Jl LIlJl ll L.4L4ClLJi I ClJ implement into the water plan and it will serve me best to be on the board that helps makes decisions about the Basin 162 Water Management Plan. I am a private well owner and want to participate in this plan. I I ‘I LII! ÷k—.i- I LlIL I IIl - ru IAI IEIC, II L4flII I It, LIlL I ?.ñI IYI I Ifl I rrruo\, I III D’.I IDn,lI1C .-+ -k,-I Isl_%.çsJIISIwIl_I I —,-.flfl +S SIIk i • I LI l UI YVI IlIIIL4IIl applying, and that the information is true and accurate to the best of my knowledge. cinn-,tl Irm ILl The Board to which you are applying meets at least once a month and possibly evenings. IVIdII UI UuiiVul L.UITIfJeWu 11)1111 liE d1lIUIIIP 0W11 LJIIIL 400 N. Hwy 160 Pahrump, NV 89060 IThic Hnr,,mnt hnenmgc nnihlie e,unrH nnrz It I,,c hcfln eaeai,,nrl K,, Nw rn,,nt,,i OPEN MEETING LAW Person interested in applying for membership on a Board should be aware of the requirements of the Nevada Open Meeting Law under which all Boards are rn,,,i Th, fl,’,,,, £,,1,,,hn,, rnIfc rh,nt,e 7,11 nt,,nt th,,t II n,hI,,’ ,,,,, ,“,‘ ,r,’’’ t,,r-’ t” people’s business and that it is the Intent of the law that the member who takes action In violation Open Meeting law, with knowledge of the violation, is guilty of a misdemeanor and may be prosecuted. Wrongful exclusion of any person from a meeting of the public body is also a misdemeanor. Any time a majority of Board members gathers together in a place that has not been legally posted per Open Meeting law requirements, they cannot discuss or deliberate on an action. This does not preclude members from gathering together; it does require that they do not discuss and deliberate on County or area business. Ver. 1.1 Administration Nye County, Nevada November 3, 2009 Nye County Board Application Nyc County is an Equal Opportunity Employer and Provider r Ammie Nelson 2C)5() Ptospi’ctor Lant’, Paluunp, Nv., $9o4 2-:5o-7f)5() ngnistuvahoo.cnni —,i_ ,n,.r II _U ‘.‘-‘ ‘‘-‘ Dear Nye County Commissioners, I am writing this letter to advise you of my interest in being on the Nye County Water Governing Board. I have attended many meetings about the Basin 162 Water Management Board and feel it’s important for me to be part of the construction in behalf of private well owners in Basin 162. I witi be an asset to decisions made regarding water use and conservation in Pahrump for the future families who will live here. Warm regards, Ammie Nelson July 05, 2015 Subject: PUBLIC COMMENT and the way Commissioners and Sandra Merlino have dealt with the requirement of including written comments in the official minutes of Commissioner meetings. I want to express my appreciation to District Attorney, Angela Bello, who in 2015, determined that when the law of Nevada requires written statements read by the people at public comment and turned in to the Clerk for inclusion shall be included in the minutes. Today I call your attention to what appears to be the devious procedure instituted by the Clerks office to accommodate the law. An examination of official County minutes reveals that when an agenda item is part of the minutes the entire record of that discussion is inclusive in that part of the minutes. That has always been the standard and now it is not. Sadly this is not the case with public comment. Although general public comment OCCUfS at the beginning and end of the meetings they appear only at the end of the minutes. When members of the public take time to write out their comments, read them at a meeting and request they be included in the minutes, they have an expectation they will be properly place in their sequence as presented. I am here today to request that all written public comments be included in the minutes where they occur on the agenda schedule and that previous minutes be moved to their proper location described above. To be clear, Public comment made at the beginning belongs there and not out of sequence at the end of minutes. Respectfully submitted Andrew Alberti Jr Submitted by Dave Caudle, B0CC Meeting July 5, 2016 First, thank you for this opportunity to speak before you today on Item #21. Having been involved with the Groundwater Management Plan Advisory Committee at its inception and in varying capacities since then I must urge you to take no further action on the plan this committee proposed. As you know this Groundwater Management Plan is the result of special interests efforts to hijack the Basin 162 Groundwater for their own purposes. Many of the items proposed in this plan require changes in current Nevada State water law. It is my opinion that these changes are being proposed to simply give the State Water Engineer more power to control the public’s groundwater. This does nothing to address the problem of over allocation of water rights issued by the State Engineers office over the years and that office currently ignoring the existing laws for administering actions necessary to remedy this situation. These proposed Legislative changes do not help local residents, which you were elected to represent. The over allocation will still exist and the movement of water applications from original use and point of diversion to another without those applications being perfected will not be addressed. Reduction of the domestic well allocation from two acre feet to one half acre foot per year is a taking and will drastically reduce the value of current resident’s property in Basin 162 and state wide wherever domestic wells exist since these will be new state laws. Educating residents that they can purchase water rights to augment this reduced allotment is tantamount to fraud. First it is proposed to take their water, then sell them a worthless piece of paper knowing that the State Engineer can curtail these junior water rights whenever he deems it appropriate to declare them void. This august body taking action to support these changes is doing a disservice to this community. Again I urge you, do not take any action that supports any part of this onerous plan. Thank you. Dave Caudle 775-537-8861