August 16, 2016

Commissioner Wichman

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

Mr. Adams

said he wanted to be a team player and was open to conversation on it, but he did not see any other way to resolve it other than to take it back to the Attorney General’s Office. Arthur Jones thanked the town and his friends for their concerns and prayers for his health. Herman Lewis asked the Commissioners to move the important agenda items to when most of the audience was present in the morning.

Commissioner Wichman

said in the first paragraph under item 37 in the July 19, 2016, minutes it should read “shape” files, not “shake” files, and the same error was in the next paragraph.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Borasky

stated he had a correction also.

Commissioner Schinhofen

withdrew his second.

Commissioner Wichman

withdrew her motion.

Commissioner Borasky

said under Announcements (First), in the seventh line down the average pay rate should read $130,000.00 per year, not $30,000.00. August 16, 2016 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Highway Commissioners, Licensing and Liquor Board, the Governing Body of Unincorporated Town of Pahrump, the Governing Body of Unincorporated Towns of Beafty, Belmont! Gabbs, Manhattan, and Railroad Valley! the Board of Trustees for the Pahrump Pool District! and the Northern Nye County Hospital District Board of Trustees regular meeting on July 19, 2016, and teleconference on July 28, 201 6.-Cont’d.

Commissioner Wichman

made a motion to approve with corrections; seconded by

Commissioner Schinhofen

; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Cox

advised Tina Trenner would have a spaghetti dinner to raise funds for the veterans on Friday at 6:00 p.m. at the Bob Rudd Community Center. Also, the NCRCC would have a barbeque this Saturday starting at 5:00 p.m. until midnight. Tickets for both events were $1 5.00 apiece and for the barbeque only they were two for $25.00. Don Cox had tickets if anyone was interested.

Commissioner Schinhofen

said he would be in Belmont on Labor Day weekend to play with the Peavine Pickers.

Commissioner Wichman

added that if anyone intended to take a trip to Belmont to make sure they had enough fuel so they could get back. Also, there was no food available, no restaurants, no hotel, and no one to change tires.

Commissioner Borasky

said he attended the ribbon cutting for Dickey’s Barbeque with

Commissioner Schinhofen

. Robert Adams suggested people traveling to Belmont not fill up before they make the turn onto Route 6 as if they drove up through Tonopah they would save 20 cents a gallon. He then advised Governor Pence, the vice presidential candidate, would be in Henderson tomorrow at 2:00 p.m. at the Convention Center. Finally, Mr. Adams reminded everyone that on August 19, 2016, the BLM had a meeting scheduled in Pahrump for the Resource Advisory Council. Pam Webster stated on September 30, October 1 and October 2, 2016, there would be a remote area medical event at Nye Communities Coalition in Pahrump offering all types of medical services free of charge. They were in need of volunteers, both medical and lay people. She encouraged the County employees to sign up to volunteer at www.ramusa.org. August 16, 2016

Commissioner Borasky

asked Pam Webster to look into the possibility of grant funding for covered parking at the Eye. Regarding Dyer Road, Commissioner Schinhofen asked if a special meetin g could be held instead of waiting to the middle of next month. Lorina Dellinger advised she had it scheduled for September 6, 2016, and explained the 30 days came in from after the notice was served, not 30 days from the meeting.

Commissioner Schinhofen

said the CIP board had put a subcommittee togeth er which he would like gone and instead have staff hire a group to get it done as it had been a year. Regarding billboards, Commissioner Schinhofen advised there were billboards up for brothels that not only defied the Code but also the NRS and he would like to have a show cause hearing. In the meantime the District Attorney or the Sheriff could send a 10-day notice to get them down.

Commissioner Carbone

mentioned the complaints about the dark sky issues around the valley. He said Valley Electric was ignoring the County Code and he wanted something done. Sam Merlino discussed voter registration and the number of groups registe ring people to vote. She cautioned everyone to fill out their own voter registration applica tion as it was much more likely to be correct if they did. Also, once someone registe red to vote and received a voter identification card it was not necessary to register three or four more times as that was creating a lot of duplication in her office.

Commissioner Carbone

clarified his comments made at the last meeting about the animal shelter. He said it was just a figure based on a calculation he did and the County did not spend $300,000.00 like people were thinking. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Comm issioners.

Commissioner Cox

asked about the paving of Venus off of Bannavitch, the stop sign that was not visible on the corner of Flamingo and Ban navitch, and the plan for River Plate.

Mr. Carlo

said they did maintenance on Venus, but there was also a chip seal petition for that road and if they ever got back to chip sealing it would be looked at. He further advised he took care of the stop sign the day of the meeting it was mentioned at, and River Plate was one of the areas that needed a skin patch which was part of the plan once Public Works got caught up.

Commissioner Cox

mentioned that Jacaranda was going to pieces too, and in about the middle of Lost Creek there were some good sized potholes that she turned in a long time ago. Complaints about potholes were also coming in about Tip Top.

Commissioner Wichman

said there was an RS2477 toad in Lower Smoky which was not on the maintenance schedule, but Teresa Meighan was trying to get a petition together to turn that into a general route rather than a minor County route. In the meantime they were having some issues and Commissioner Wichman hoped Mr. Carlo could send a crew out to dump gravel. Regard ing the pre-construction meeting for the Manhattan road, Commissioner Wichman said she would be there and confirmed with Mr. Carlo that he would be the representative for the owner.

Commissioner Carbone

commented the County needed to get back to the RTC to talk about the chip seal program it used to have and see if there were any funds that could be used to institute it again.

Commissioner Schinhofen

reminded everyone that they could go to Public Works/Road Department on the Nye County Web site and fill out a form. John Bosta said he noticed the parking lot at the courthouse had tremendous cracks in it and thought it needed to be filled in or tarred because come winter time the parking lot would be lost.

Commissioner Schinhofen

mentioned a tree blocking visibility on Shirley and Oakridge.

Mr. Carlo

said crews were working on trees this week and people could call the office or use the on-line request to give precise locations of trees. August 16, 2016 SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. GAMING/LIQUOR

Commissioner Schinhofen

made a motion to approve items 12-17; seconded by

Commissioner Wichman

; 6 yeas.

Commissioner Schinhofen

made a motion to approve items 12-17; seconded by

Commissioner Wichman

; 6 yeas.

Commissioner Schinhofen

made a motion to approve items 12-17; seconded by

Commissioner Wichman

; 6 yeas.

Commissioner Schinhofen

made a motion to approve items 12-17; seconded by

Commissioner Wichman

; 6 yeas.

Commissioner Schinhofen

made a motion to approve items 12-17; seconded by

Commissioner Wichman

; 6 yeas. August 16, 2016

Commissioner Schinhofen

made a motion to approve items 12-17; seconded by

Commissioner Wichman

; 6 yeas.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Carbone; 6 yeas.

Commissioner Carbone

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

Commissioner Schinhofen

said they had done a great job getting a lot of private funds and donations.

Commissioner Schinhofen

made a motion to approve waiving the rental fees; seconded by Commissioner Cox; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS 8. 1 0:45 For Possible Action Public Hearing, discussion, and deliberation to - — issue an Outdoor Festival License to the Pahrump Valley Chamber of Commerce for the 2016 Fall Festival to be held September 22-25, 2016, at Petrack Park located at 150 Highway 160, Pahrump, Nevada.

Commissioner Carbone

opened the public hearing. Tern Nelson advised she heard the Chamber of Commerce was charging a flat $50.00 electric fee whether the applicant used electricity or not. August 16, 2016 8. 10:45 For Possible Action Public Hearing, discussion, and deliberation to - — issue an Outdoor Festival License to the Pahrump Valley Chamber of Commerce for the 2016 Fall Festival to be held September 22-25, 2016, at Petrack Park located at 150 Highway 160, Pahrump, Nevada.-Cont’d. Linda Hatley said she had heard the same thing and thought if the electric had to be for everybody that it should not be an add-on.

Commissioner Carbone

closed the public hearing. Lorina Dellinger asked the Board to include with the motion ensuring the required Pahrump special event agreement was submitted to the town by its deadline.

Commissioner Schinhofen

made a motion to approve and that the special event agreement be signed off on; seconded by Commissioner Carbone.

Commissioner Carbone

said it was not for the Board to go out and validate what was going on with this license. If it was an item on the agenda everyone involved needed to get information to the Commissioners early so comments could be made.

Mrs. Dellinger

explained the conflict in the dates as the County’s public hearings were scheduled before the forms for the town were required to be submitted.

Commissioner Wichman

suggested making the motion contingent upon them completing the paperwork.

Commissioner Schinhofen

said that was what he did, but moving forward he would like to have the town’s form 60 days before the event like the County’s. Pam Webster said there could be better coordination in timing for the two documents.

Commissioner Borasky

thought the next time this came around the people organizing the event needed to be present to answer questions. Pahrump Valley Fire Chief Scott Lewis advised that for the larger events they were completing incident action plans.

Sheriff Wehrly

commented the Sheriff’s Office and the fire department were not being included like they used to be.

Commissioner Schinhofen

felt the ordinance may need to be updated.

Commissioner Cox

stated her objection to a lot of rules and restrictions and said she did not want to get to the point that people started complaining about them. August 16, 2016 8. 10:45 For Possible Action Public Hearing, discussion, and deliberation to - — issue an Outdoor Festival License to the Pahrump Valley Chamber of Commerce for the 2016 Fall Festival to be held September 22-25, 2016, at Petrack Park located at 150 Highway 160, Pahrump, Nevada.-Cont’d.

Commissioner Schinhofen

verified with the Clerk the County charged nothing for these. 9. 10:45 For Possible Action Public Hearing, discussion, and deliberation to - — issue an Outdoor Festival License to the Pahrump Valley Chamber of Commerce for the Vietnam Memorial Tribute to be held September 22-25, 2016, at Simkins Park located at 1350 E. Simkins Road, Pahrump, Nevada.

Commissioner Carbone

opened the public hearing.

Sheriff Wehrly

advised they did come to the Sheriffs Office. Fire Chief Scott Lewis said they had also had discussions and were concerned about the potential for a great number of people. Parking was addressed as well as EMS standby, and there would be an incident action plan generated.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

made a motion to approve the outdoor festival permit with the contingency that they had to get the special event agreement into the town; seconded by Commissioner Borasky; 5 yeas. 10. 11:00 Presentation of certificates of recognition to Jacob Lopez and Andrew Avena for their initiative to organize the “All Lives Matter” event in Pahrump on July 30, 2016. The Commissioners and Sheriff Wehrly presented certificates of recognition. 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 28-30; seconded by

Commissioner Schinhofen

; 5 yeas. August 16, 2016

Commissioner Wichman

made a motion to approve items 28-30; seconded by

Commissioner Schinhofen

; 5 yeas.

Commissioner Wichman

made a motion to approve items 28-30; seconded by

Commissioner Schinhofen

; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Wichman

made a motion in light of the fact that a letter was received from the property owner last night asking for more time, and the Board granted the same to the complainant earlier, to continue this for another 30 days; seconded by

Commissioner Schinhofen

. Hubert C. Newberry advised he owned the adjacent property and there were four vehicles sitting on his property that were not his and needed to be removed as there August 16, 2016 35. For Possible Action Discussion and deliberation regarding the status and progress of the abatement of the nuisance located at 24 Cody Lane, Tonopah, Nevada as determined by the Board of County Commissioners on June 21, 2016 and as ordered to abate the nuisance as set forth in Nye County Resolution No. 2016-64, adopted on June 21, 2016; and possible abatement action.-Cont’d. was cat and dog excrement in them. He went to the Sheriff’s Department and was told they would not move them and it was his problem, but his attorney advised him that if he had the vehicles removed he could be charged with grand theft as he did not have permission to remove them. Mr. Newberry stated the law was very clear the County would remove the vehicles and put a tax lien on the property and he would like to have that set up.

Commissioner Wichman

did not think that fell under the nuisance and was more of a complaint with the Sheriffs Office. Maria Zlotek advised she could not give Mr. Newberry counsel as to his civil private issues and remedies. She confirmed for Commissioner Wichman that his issues were outside the boundaries of the property on Cody Lane which was not part of the original nuisance complaint and not ruled upon by the Board.

Commissioner Wichman

told Mr. Newberry the only thing he had at his disposal was a civil remedy.

Commissioner Wichman

suggested putting it off for a week and having it November 22, 2016. Sam Merlino reminded the Board they would have to have a meeting to canvass the votes within five days of the election so there would have to be a short teleconference.

Commissioner Schinhofen

made a motion to have the second meeting on November 14, 2016, in Pahrump; seconded by Commissioner Wichman; 5 yeas. August 16, 2016

Commissioner Schinhofen

made a motion to set the date, time and location for September 20, 2016, in Pahrump, at 10:45 a.m.; seconded by Commissioner Wichman. Linda Hatley advised she had several people who drank their own raw milk who would like to be able to sell it. She hoped to be able to get a board together within those 30 days.

Commissioner Schinhofen

read the title of the bill into the record.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Bo rasky.

Commissioner Schinhofen

wanted to direct putting a survey form together and have it ready for the next tourism meeting so vendors and hotels could be asked to put them in their places for tracking. Arlette Ledbeffer, Tourism Director, said she would happy to look at a couple of methodologies to get a survey in place.

Commissioner Schinhofen

thought it would be easier to gut all of them and start over, but he was not sure if there were some that dealt with public health and safety that had to be kept in place.

Commissioner Schinhofen

made a motion to start with the marked ones to bring forward to get rid of or amend; seconded by Commissioner Wichman. Lorina Dellinger advised that they were also recommending to repeal Ordinance 36, prohibition of animals running at large; Ordinance 8, traffic laws; Ordinance 51, sexually related offenses to children; and Ordinance 62, disorderly conduct.

Commissioner Schinhofen

amended his motion to include those because when they were brought back there would be a public hearing and they could be discussed in detail; Commissioner Wichman amended her second.

Commissioner Carbone

pointed out the ones that called out town board needed to be changed to governing board. Kenny Bent was concerned about PTO 43 as it was not known if it was ever passed.

Commissioner Carbone

said solid waste was under the County and it would probably be repealed. 23. For Possible Action Discussion and deliberation regarding approval to purchase 20 Motorola P-25 compliant portable radios for Pahrump Fire Rescue.

Commissioner Schinhofen

believed this would make the firemen on the same level with the Sheriff. Pam Webster explained this was a premature request for use of the public safety sales tax. The process would be to come forward with a plan for the expenditure of the money, but the County needed to get moving on these radios as there was a specific area the radios today were not covering which these radios would.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Cox; 5 yeas. August 16, 2016 24. For Possible Action Discussion and deliberation to set a date, time, and location for a Public Hearing to consider approval of the IAFF Local 4068 Bargaining Agreement.

Commissioner Schinhofen

made a motion to set the date, time, and location as September 20, 2016, 10:30 a.m., in the BOCC Chambers for any extended new modified collective bargaining agreements to be approved by the governing body for the IAFF Local 4068; seconded by Commissioner Wichman; 5 yeas. 25. For Possible Action Discussion and deliberation to approve the Pahrump Ambulance Fund bad debt expense writeoffs for the period of January 2016 thru June 2016, subject to further collection efforts and accounting adjustments.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen. Pam Webster advised she was ready to bring the report for the ambulance evaluation but she wanted to include FY16 to have current data. She would audit it and get it right back on the agenda for discussion along with some proposed alternatives for the collection that she would need to discuss with the District Attorney as well.

Commissioner Schinhofen

said he was supportive of the idea mostly because people were parking and letting their horses out anyway on private property.

Commissioner Schinhofen

made a motion to approve up to $10,000.00 contingent upon doing gravel, fencing it in, no trailheads at this point but get a place for them to park, and if there was money then move ahead with picnic tables and niceties inside, and while volunteers were great they did not last long so he asked for a projection of what it would cost for the town to maintain this. Pam Webster said this was on County property the town was allowed to use. Her recommendation was going to be to fund it from capital, but it was not a capital asset for the town because it was on County property, so she would like to fund it from contingency.

Commissioner Schinhofen

amended his motion to fund it from contingency and all volunteers must sign the form to indemnify the County if they got hurt. August 16, 2016 26. For Possible Action Discussion and deliberation regarding an updated plan and request for funding in an amount not to exceed $10,000 to construct a Trail- head and Bridal Path to be located on a portion of 9301 S. Homestead Road (.4999 acres), APN 45-411-02— Nye County, Owner, as directed by the Board of County Commissioners on June 21, 201 6.-Cont’d.

Commissioner Carbone

said this needed to be brought back on a regular basis because the town did not want to spend money continuously. This was all based on a voluntary process and he did not want it to come back to the town paying for it because there were no more volunteers. He stressed it would go away if the volunteers were lost. Linda Hatley noted a lot of trailheads in the wilderness had signs stating “Bring In/Take Out,” but there would be a trash can and the trash would be picked up at no expense, which Mike Smith (in the audience) confirmed.

Commissioner Schinhofen’s

concern was maintenance costs into the future so his motion was to approve the $10,000.00, move forward with the parking area, the gravel and the fencing, and then come back and let the Board know what the maintenance costs would be if the volunteers failed; seconded by [inaudible]; 5 yeas.

Commissioner Wichman

confirmed for Robert Adams that the project was being proposed by a private petitioner, not a public lands advisory committee. Mr. Adams then advised this project was a perfect candidate for a recreational trails grant administered through the Nevada State Parks and asked that the Board put this off until that grant was submitted. Don Cox said this had been going on too long. He suggested forgetting federal grants as they had strings attached and giving them the money to let them get it going. 27. Ambulance Services Report This item was removed from the agenda. CLERK

Commissioner Borasky

made a motion to nominate LeAnn DeAnda with a term expiring June, 2018, for the PRPC; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Wichman

made a motion to appoint Jerry Elliston; seconded by

Commissioner Schinhofen

; 5 yeas. August 16, 2016

Commissioner Wichman

made a motion to appoint Liandra Dutton; seconded by

Commissioner Schinhofen

; 5 yeas. SHERIFF

Commissioner Schinhofen

made a motion to set a date, time, and location for Tuesday, September 20, 2016, at 10:45 a.m.; seconded by Commissioner Cox; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record. COUNTY MANAGER

Commissioner Wichman

made a motion to terminate the lease with Solauro for the reasons stated in the back-up; seconded by Commissioner Schinhofen.

Commissioner Carbone

asked how the County was going to go after the money owed. Pam Webster advised staff had not been able to find them, but there was a significant amount of equipment left on the site. She would work with the District Attorney now that the lease had been terminated and attempt to notify them again and then take court action or whatever had to be done legally to take possession of the property.

Commissioner Carbone

confirmed with the other Commissioners that the items written for the animals and the fire/ambulance were okay as he had a sponsor for them.

Commissioner Wichman

advised that combining the Public Administrator and the District Attorney’s Offices did not require a BDR as the County already had the option to do that, but she believed it had to be on the ballot and would have to check on that. Pam Webster said there was an NRS that specifically stated which counties had elected Public Administrators and which ones resided in the District Attorney’s Office, so that NRS would have to be changed. Since Commissioner Wichman had received an e-mail from NACO saying the County had the ability to do it and just had to put it on the ballot,

Mrs. Webster

would send the NRS to NACO and see what their thought was.

Commissioner Carbone

suggested leaving it on the list just in case. Discussion then turned to the item regarding the water district. Commissioner Carbone noted if things were deleted the Board of County Commissioners would become the water board, meaning more work for the Commissioners and more staff time. If the decision was to split the responsibilities between Basin 162 and the rest of the County, that would bring its own issues with CNRWA. Commissioner Carbone wanted to make sure everyone understood the options and the consequences that could come with them. He reviewed the options were to either remove the act completely, or rewrite sections 8 and 10, or turn it into an advisory committee or board which would be either for the whole County or split into two advisory committees.

Commissioner Cox

felt the only option was to remove the act and she would support that. She did not support advisory boards or committees as there had been nothing but problems there. She also did not feel qualified to sit as a water board. Commissioner Cox noted the water board was put in basically to move forward with the developers importing water to the County, but things changed drastically financially and that fell through. If it was deleted it could always be brought back in the future if things changed, but in the meantime she thought the water issues in the County could be brought to the Board of County Commissioners on an individual basis.

Commissioner Borasky

pointed out he was the only one on the Board when this whole thing happened. He did not believe the water board was accomplishing what he thought it would and thought it needed to be looked at harder just with Basin 162 and Amargosa if they wanted to join in as those were the two basins having the trouble. The rest of the County was pretty much covered by the CNRWA. Commissioner Borasky said another option was to take the money out of the water board and give it to CNRWA to get something done. August 16, 2016 43. For Possible Action Discussion and deliberation regarding any and all action that might arise from discussions regarding Bill Draft Requests (BDRs) for Nye County for the 2017 Legislative Session.-Cont’d.

Commissioner Schinhofen

explained the County joined CNRWA to work in concert with the other counties and states. CNRWA did not do work on individual basins but rather items that effected all of them and their charter was to work with all of the counties, not to write plans and not to interfere with individual counties. Commissioner Schinhofen felt the real issues could be handled by a standalone authority and believed it was time to let the water board do what it was created to do, all things water. All the systems the County now ran should be given to it to run and the Commission needed to allow it to function without continuing harassment and looking over its shoulders. Commissioner Schinhofen reminded everyone that any decision that board made could be appealed to the Board of County Commissioners.

Commissioner Carbone

said he did not hear any solutions, but if in fact the water board was not working he asked what was not working and what would have to be changed if the Commissioners wanted to have the board function. Ammie Nelson stated the water board had been working for two and a half years on Basin 162 in Pahrump, not all of Nye County. In her opinion the water board members were handpicked by the Commissioners and the community had spoken up many times about private well owners not being part of that board. Ms. Nelson felt the board had not been efficient and had not done the purpose they were put there for and she would like to see it completely gotten rid of and an advisory board put in its place if a remedy was needed. As far as the BDR on animals, she would like to have added to it that if someone was a convicted animal abuser they could no longer own an animal in Pahrump, Nye County, or the State of Nevada.

Commissioner Wichman

thought the animal BDR was the one that had the potential to save the most for taxpayers and would like to see that one first and primary. If not that one, then Commissioner Wichman was just advised that NRS 253.010 would require a BDR and she believed that would solve a number of problems with the Public Administrator’s Office. It was her recommendation that if a BDR was not needed for the animals or the fire, she would like to consider that for the County’s BDR. Kenny Bent stated the Nye County Water Act was created to get ahead of the problem with the housing for a projected population of 450,000, but with the conditions now he did not think there was the financial viability to support this type of project. The power of the board was stated in Section 8 of the act, which was to acquire, build and operate utility districts, and so far nearly everything being done by the board was outside of those designated powers. Mr. Bent urged the Commissioners to support the BDR to repeal the Nye County Water Act in its entirety. If at any time in the future expansion took off again it could be reinstated, but in the meantime it was just an ongoing financial burden on the residents and the County. August 16, 2016 43. For Possible Action Discussion and deliberation regarding any and all action that might arise from discussions regarding Bill Draft Requests (BDRs) for Nye County for the 2017 Legislative Session.-Cont’d. Wade Hinden read a letter from Charlotte LaVar into the record stating her support for the BDR to delete the water board and her hope that the $5.00 parcel fee would be eliminated from the property taxes (attached). John Bosta noted the other water districts adopted in the State were elected boards totally independent of the County Commissioners, yet this board was intertwined with the County Commissioners having the final say. If the water board was terminated the County Commissioners would still have the final say in any type of water plan or problems that came up. Mr. Bosta thought it was time to terminate the water board and go back to the County Commissioners operating it so it had the final decision, but if the water board was to continue then it should be an elected board not connected to the Board of County Commissioners. Katrine Romanoff said she was in favor of the BDR to remove the act. Herman Lewis suggested since there was not a full inclusion of all groups like private well owners maybe there needed to be nine people on the board. Dwight Lilly believed the water board had caused a lot of separation and grief in the community, and had been nothing but a bone of dissension since he started going to the meetings. He did not think it had functioned as a board that protected and preserved the water resources for the County. Mr. Lilly thought if the BDR was not used for the water district then the Commissioners needed to seriously consider the make-up of the board and its function. He agreed with Mr. Bosta to have it be an elected board. John Lauros agreed with the dissolution of the water board and thought the County could use the money budgeted for the board in a better way. He also thought importing water was ludicrous because of the cost. Tern Nelson said she agreed with what was proposed and the board should go away, although she was thankful it had been there as it brought about a lot of public awareness. Gregory Hafen II listed some of the benefits of the water district like the outreach programs in northern Nye County, the loan to Shoshone Estates when whey had water issues, water education in the schools, water quality monitoring and water level monitoring Countywide. He also pointed out the majority of the members were outside of Pahrump as this was the Nye County Water District and reminded everyone that one of the main reasons it was put in was place was to prevent a big importation project from Las Vegas stealing part of northern Nye County’s water. August 16, 2016 43. For Possible Action Discussion and deliberation regarding any and all action that might arise from discussions regarding Bill Draft Requests (BDR5) for Nye County for the 2017 Legislative Session.-Cont’d.

Commissioner Wichman

said she was also here when the original board was put in place. It was not established and the act was not put in place to import water but to cover all of the future things where a targeted board would be needed to look at water issues. A secondary reason was that the Southern Nevada Water Authority would not entertain conversations with Nye County on the Railroad Valley applications simply because the County did not have a water district. For those two reasons alone the Board supported the act.

Commissioner Wichman

then steered the discussion back to the County’s one BDR. She pointed out there was the potential to save a lot of money by doing the animal control issues on a BDR, or possibly combining the Public Administrator with the District Attorney for a second choice, but she was not leaving out the fire department corrections on a BDR as she felt that was just as important as an animal control one. She asked everyone to keep in mind that this agenda item was to determine what things should be promoted as a County for that one BDR. Don Cox said he would like to see the water board go away as it would cost the taxpayers a lot of money in the future, It could always be brought back if the growth happened.

Commissioner Carbone

commented it would not be that easy to just bring it back. Horace Carlyle, a resident of Tonopah, said prioritizing was the easiest thing in the world. Great people had contributed to the benefit of Nye County on the water board. While he did not always love the water board and had seen people get on the board and misuse it for political gain, Mr. Carlyle felt if it was destroyed then the County would be at the mercy of powerful interests and there were better things to do with the priority.

Commissioner Schinhofen

made a motion to prioritize the Public Administrator and District Attorney as it would solve more and help the County more than just getting rid of the water board out of hand; seconded by Commissioner Wichman; 2 yeas. Commissioners Cox, Borasky, and Carbone voted no. The motion failed.

Commissioner Cox

made a motion to prioritize the water district for the BDR to do away with them; seconded by Commissioner Borasky; 3 yeas. Commissioners Schinhofen and Wichman voted no. August 16, 2016 PLANNING/BUILDING

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. FINANCE 44. For Possible Action Discussion and deliberation regarding Request for Qualifications #2015-10 Qualified Hydro-Geologist Professional for: 1) the response from JGI-Jameson Geological, Inc.; and 2) direction to staff to enter into fee negotiations.

Commissioner Schinhofen

made a motion to approve and direct staff to enter into fee negotiations; seconded by Commissioner Cox; 5 yeas. In response to Kenny Bent’s question regarding funding, Commissioner Schinhofen advised it was a DOE grant. PLANNINGIBUILDING-Cont’d.

Commissioner Schinhofen

made a motion to approve items 46a and 46b; seconded by

Commissioner Wichman

; 5 yeas. August 16, 2016

Commissioner Schinhofen

commented he had a number of farm areas ask to have this dumped on their property.

Commissioner Wichman

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

Commissioner Carbone

asked how many items that were not qualified when they were done passing the test usually went to a production activity and how that was being tracked. Darrell Lacy, Planning Director, said some of it could end up in the waste stream, but each of the approved licenses had an inventory tracking system that followed from seed to sale to destruction of the materials so there was a process. All of that information was carried through to the State, which the County had access to but was not currently staffed to do that type of detailed analysis.

Commissioner Cox

questioned the language in item 2 stating recordings from the security cameras must be maintained for at least 90 days.

Commissioner Schinhofen

said that should be changed to 60.

Commissioner Wichman

amended her motion to correct that to 60 days; Commissioner Schinhofen amended his second; 5 yeas. PUBLIC PETITIONER

Commissioner Carbone

asked if this had been done before.

Commissioner Schinhofen

thought Lee Bonner was doing more of these types of agreements.

Commissioner Schinhofen

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

Commissioner Borasky

asked when it went recreational if they would all have to reform and start all over again. August 16, 2016

Commissioner Schinhofen

explained MME was different than recreational. If recreational passed the State would put out their rules and regulations. Also if it passed the State was currently planning to double the amount of dispensaries the counties had, so Nye County would have one medical and one recreational and they would be taxed differently. He noted it would take a good year to get all the rules in place and the County would be on it and bring updates.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: 01 ,2016. I Ny Cotdnty Clerk / Deputy Good day Commissioners. I am Charlotte LeVar and I would like to respond to the BDR item that Commissioner Cox is introducing to delete the Nye County Water Board. I am in favor of deleting this Board. On Dec. 28, 2011,1 contacted the Nye County Assessor’s office and spoke to Theresa. She stated that we have 58, 446 parcels of land in Nye County. This does not include the 485 mining claims owned by BLM. The $5.00, which has no cap on it, that is collected each year comes to $292,330.00 dollars. Take that times the 5 years that they have been in existence comes to $1,462,650.00. I would imagine that few people have done the math on this and I would hope when this BDR repeals the Water Board that the $5.00 would now be eliminated from our property tax. I have not seen any specific performance completed from this Board in the past. It would seem that salaries are the only thing that has been created. Thank you for your time. I would like this read into the records and I have supplied a hard copy of this statement. I’m sorry that I could not make this presentation myself, but there is other business I had to attend to and therefore allowed someone else to address this issue in my name. Again, Thank you.