February 21, 2017

Commissioner Koenig

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

Commissioner Schinhofen

reminded the public they could give announcements to their Commissioners to be read under this item.

Commissioner Cox

stated she had received several complaints about moving public comment to the end. She would like it reinstated at the beginning of the meeting instead of making the public wait all day to the end. She also thought making the public fill out the blue slips was illegal.

Commissioner Wichman

said SB176 was to create a surcharge on the 911 system in order to pay for body cameras and data storage and retrieval. Her question for staff was how to get a charge on a 911 system that was being billed by a telephone company. Also, Commissioner Wichman advised AB1 53 would require the County to provide impact statements to any county that affected it with a project they were producing and have that county reimburse. She asked to please consider Esmeralda County was located right across the courthouse from Tonopah and anything Esmeralda did in Tonopah the Tonopah Public Utility had to provide a service for. The County would have to spend the money to prepare an impact statement for Esmeralda and their 900 people would never raise enough taxes to reimburse. She said NACO was not supporting AB153.

Commissioner Borasky

said if anyone wanted to send their condolences to Elnora White it could be done through the Pahrump Senior Center.

Commissioner Koenig

said this Saturday the Boy Scouts would have all you can eat pancakes from 7:30 a.m. to 11:30 a.m. at the senior center. Pam Webster advised that on February 22, 2017, from 2:00 p.m. to 4:00 p.m., FEMA, the State of Nevada Division of Water Resources and the Planning Department invited insurance agents and realtors to attend a workshop on the FEMA flood rate insurance maps. On February 23, 2017, there would be a public open house from 4:00 p.m. to 6:00 p.m. for the public to learn more about the changes in the FEMA insurance rate maps effective December 2, 2015. Both meetings would be held at the Pahrump chambers. Additionally, Mrs. Webster said Social Security would continue their meetings at the Ruud Center on the last Tuesday of every month from 9:00 a.m. to 12:00 p.m. She had announced previously that would discontinue, but funds were located for travel.

Commissioner Schinhofen

stated the Board did not and could not require the blue forms. Those were to just help the Commissioners know how many people wanted to talk so they knew how much time to allot to an item. He then advised he would be gone for eight days to Washington, D.C. for NACO and ECA conferences. February 21, 2017 SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

Commissioner Borasky

asked when Homestead would be started.

Commissioner Schinhofen

advised that as soon as the final flood from Horax was received it could go out to bid.

Commissioner Borasky

asked if the County had any graders with laser guided sites.

Mr. Baker

said they had a GPS model, but that stuff was taken off right now because the snow would pile up to it.

Commissioner Borasky

said he was asking for Homestead Road because the laser would assist with cutting the ditch.

Commissioner Schinhofen

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

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Koenig

pointed out there was discussion previously about going to a third party collection agency. Pam Webster said one was used, but this was a write off that was done even though they continued to try to collect. February 21, 2017 10. For Possible Action Discussion and deliberation to approve the Pahrump Ambulance Fund bad debt expense write offs for the period of October 2016 thru December 2016, subject to further collection efforts and accounting adjustments. Cont’d.

Commissioner Schinhofen

said he would like to know how much was collected so it could be compared to how much was written off.

Mrs. Webster

said that could be reviewed in the audit report. Paul Willis asked how long the County would keep doing this. He was on the town board and they kept paying this bill over and over and over. He asked why a third party had not been brought in and why there was not a private ambulance service. Dave Stevens said the ambulance department paid for itself. Michael Noyes pointed out everyone in Pahrump should have insurance via Obamacare now and questioned why these charges were still being racked up.

Commissioner Koenig

made a motion to approve items 12-15; seconded by

Commissioner Cox

; 5 yeas.

Commissioner Koenig

made a motion to approve items 12-15; seconded by

Commissioner Ccx

; 5 yeas. February 21, 2017

Commissioner Koenig

made a motion to approve items 12-15; seconded by

Commissioner Cox

; 5 yeas.

Commissioner Koenig

made a motion to approve items 12-15; seconded by

Commissioner Cox

; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky. February 21, 2017 19. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 201748: a Resolution Supporting the RS 2477 Legislation.-Cont’d.

Commissioner Wichman

thanked Maria Zlotek for her help in formulating the federal legislation.

Commissioner Wichman

explained RS2477 was the designation given to minor county roads that were protected in the October 21, 1976 FLPMA Act.

Commissioner Wichman

made a motion to approve.

Commissioner Wichman

advised this would allow the County to get rid of one of the blight situations in Tonopah. She also checked with the landfill manager and there was plenty of room.

Commissioner Borasky

seconded the motion to approve.

Commissioner Borasky

asked if the debris could be burned considering it was mostly wood.

Commissioner Wichman

said that would depend on the restrictions at the Tonopah landfill. A lot of it was concrete, rock and conduit.

Commissioner Wichman

asked how much it would cost to file a suit and go through all of that.

Ms. Bello

stated they did not pay filing fees, so it would just be time and energy. February 21, 2017 22. For Possible Action Discussion and deliberation to authorize the Nye County District Attorney to pursue court action to determine the legal rights and claims to the monies in the Nye County District Attorney Bad Check Program Fund.-Cont’d.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. DISTRICT ATTORNEY

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. COUNTY MANAGER

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Borasky

commented the paybacks to the Tonopah community were well worth the offsets. It also kept that historical building up and running, which was something the County definitely did not want to lose.

Commissioner Koenig

asked why the charges for services shown on page 2 were way down.

Ms. Rucker

said she would look into it and get him an answer.

Ms. Rucker

then explained that most of the departments flagged to be over were due to front paid contracts at the beginning of the year. For example, IT had to hire a temp and may need to be augmented. Also, Darrell Lacy’s payroll was allocated across several funds, including the water manager, so when he stepped down it went to the general fund and would likely need to be augmented. She was also going to look into Animal Control’s payroll and make sure they were on track.

Commissioner Koenig

asked about judicial other.

Ms. Rucker

said that department was primarily front loaded contracts also.

Commissioner Cox

asked what fund the augments came from.

Ms. Rucker

said with the increased revenue likely to be seen in the general fund the augments would come from that. John Bosta questioned the discrepancy in the water district report. At the last meeting it was expressed that 30% of the budget had been spent, but the second page of the expenditure status report showed 81%. Pam Webster explained this was general fund only, not water district funds, and that question was outside the scope of this agenda item. She said she would be happy to talk to Mr. Bosta after the meeting. Patricia Hobson asked if the public could get the list that Ms. Rucker was referring to and was advised she could get it from Administration or the Web site. February 21, 2017

Commissioner Wichman

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

Commissioner Wichman

made a motion to award the bid, execute the contract, and approve the funding as listed; seconded by Commissioner Borasky.

Commissioner Borasky

asked if these were new people. Savannah Rucker confirmed this was a new vendor for the County and said currently the price was $156,000.00 a year.

Commissioner Cox

wondered if it was appropriate to use the Ryan White Grant fund to cover this item.

Ms. Rucker

explained the Ryan White Grant was to assist AIDS patients in the valley. She understood that Health and Human Services had an office within their facility that was cleaned under this contract and per the grant they were allowed to charge office expenses and office cleanings to the grant.

Commissioner Cox

thought that was stretching it since the grant was to help AIDS patients and that the office should be covered the way the other offices were covered. She could not support it as she was concerned whether this was kosher or not. Ammie Nelson said about six months ago she was in the bathroom and broke her pearl bracelet. Six months later she was in there again and found a couple of those pearls, which told her about the cleaning.

Commissioner Wichman

said she loved it when the towns wanted to take care of their own stuff, but unfortunately with the correspondence Commissioner Wichman received between the County’s on-staff senior director and the Department of Health, if the grant money was de-obligated the money would go back to the State. Danielle Cooper stated that Nye should not request the de-obligation until Amargosa was ready to continue full service. Once the 501(c)3 was in place and Amargosa had the opportunity to apply then the County could drop that for the October cycle; otherwise, neither one would get it this time.

Ms. Brigham

said she was to’d that if it was de-obligated and the town was willing to sponsor it then the Division of Aging could award that money back to the town.

Commissioner Wichman

said there would stilt be a lag time as they were granting the funds now. If the County de-obligated the money it would have to give it back so the town’s next opportunity would be October.

Ms. Brigham

understood that, but noted the program was not viable the way it was structured now. She also thought Commissioner Wichman and she were talking about two different processes. Pam Webster suggested tabling this item to the next meeting to clarify the issues and get specific direction from the Division of Aging on their process and how long it would take. February 21, 2017 28. For Possible Action Discussion and deliberation to consider relinquishing sponsorship and 30% of the Congregate and Homebound Nutrition grant amount received from the Nevada Aging and Disabilities Services Division to the Amargosa Valley Town Board.-Cont’d.

Commissioner Koenig

made a motion to table this item until the Tonopah meeting; seconded by Commissioner Wichman. Patricia Hobson asked if any of the funds were allocated to the Pahrump senior center.

Mrs. Webster

explained they applied for and received their own grants.

Commissioner Koenig

made a motion to adopt the bill with an effective date of March 13, 2017; seconded by Commissioner Cox.

Commissioner Schinhofen

opened the public hearing. Marcia Schaake asked what the limit on multiple pets was.

Mr. Lacy

said any more than ten required a permit.

Commissioner Schinhofen

added this was just dogs and cats.

Commissioner Schinhofen

closed the public hearing. February 21, 2017 6. 11:00— For Possible Action Public Hearing, discussion, and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2017-02-Cont’d.

Commissioner Koenig

made a motion to adopt the bill with the changes with an effecti ve date of March 13, 2017; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened the public hearing.

Commissioner Borasky

stated he was agreeable with medical marijuana, but recreational had a whole new can of worms to deal with in the future and he would not support this in any way. Mike Floyd confirmed that option A was being voted on. Patty Hobson wondered who was backing the marijuana grow houses.

Commissioner Schinhofen

explained private companies had to go to the State to get a license and then come through the County for SUPs. The ones in place now would be able to grow for medical or retail.

Commissioner Wichman

added the voters made that decision in the last general election.

Commissioner Cox

made a motion to take no action on this.

Commissioner Borasky

said he asked to have this put on the agenda, but not worded 1, 2, or 3. His comments were to do away with it completely.

Commissioner Borasky

made a motion to send an acknowledgment to the State Legislature once voted on to go ahead and do SB2I as written so someone did not get their fingers into it and start manipulating it; seconded by Commissioner Cox. John Bosta hoped the Board would approve this as requested by Commissioner Borasky. Mr. Bosta said he prepared an article and e-mailed it to each of the Commissioners about how this district was formed to import water into Pahrump. He submitted for the record his written comments as well as over 350 signatures requesting the Board approve Commissioner Borasky’s motion and send it back to the State to have the hearings before the State Legislature [attached]. Kenny Bent also submitted comments for the record [attached] and said he was in favor of the motion. He noted that so far this year the water board would have collected $1 .63 million and he did not think the residents had received much for that. Mt. Bent thought the County was well represented at this point with the Central Nevada Regional Water Authority. He absolutely believed a plan was needed in the valley, but thought at this point the cost of the water board did not make any economical sense and that forming something here could be looked at again in the future. Tina Trenner said when she ran for the Assembly in Nye County she walked all over the valley and learned this bill was wanted by the people and she applauded the Board for doing this. Dwight Lilly said his experience with the water district had been whenever there was a teal issue that needed to be settled it got forwarded to the Commissioners anyway so he wondered why a government middle man was needed. To Mr. Lilly it seemed to be a dysfunctional organization from day one and the Commissioners could do just as good a job. Mr. Lilly then referred to NRS 281A.14 regarding bodies like this voting on issues that could affect a member of the family. He pointed out there was one Commissioner whose husband was the general manager of the water district so the family had a financial interest in the outcome of the decision today. He submitted to the Clerk written comments regarding that NRS [attached]. February 21, 2017 21. For Possible Action — Discussion and deliberation regarding SB. 21-Cont’d. Katrine Romanoff quoted Article IV, Section 4, of the U.S. Constitution, which stated the United States shall guarantee to every state of this union a republican form of government. She said the Planning Committee and the water board were examples of unelected people and that the citizens came en masse today against these unelected committees making decisions when the elected people should be doing things for them. At Commissioner Schinhofen’s request, Laura Billman explained the original intent of the water district was to give Nye County local control of its water. In 2005 a bill written by Senator Warren Hardy would have enabled SNWA back when SNWA wanted White Pine County’s water to purchase water rights in different counties and move them using that water as though it belonged to Clark County. While they were fighting that bill, Mrs. Billman said they noticed that Lincoln County was not that interested in it so she and Patti Chipman discussed it with the Lincoln County lobbyists, who said Lincoln County had their own water district and one governmental entity could not come in and just take the possessions of another governmental entity. The bill was sent back up in 2007 to form a Nye County Water District to protect Nye from SWNA, give Nye home rule over its own water, and set it up so the State Water Engineer had to talk to someone instead of just making declarations. She stressed the Commissioners did not want to give up that local control.

Mrs. Chipman

added it was set up so the Commissioners had the ultimate control but did not have to deal with the day to day activities. She said if it was gotten rid of then the State Engineer would have control over the water in Nye County. Dave Hall said he was currently the chair of the water board but was appearing today as a private individual. He discussed the money spent, a lot of which came from Yucca Mountain projects, and felt it was not overspent. He said the Water Board’s position at this particular time and his focus was to get Planning and the Commissioners all the valid information needed to determine where Pahrump would go in the future. Don Cox stated most of the people in the audience knew the water board had done nothing but cost money and he hoped the Board voted this down. Ammie Nelson said she was at the Commission meeting on January 19, 2016, when the audience was filled once again to do away with the water board. The citizens voiced their opinion then that they did not have a problem with a plan, but they did have a problem with this particular plan and the ideas that had sprung out of it. It was Ms. Nelson’s opinion an extra board should be gotten rid of and the Board of County Commissioners become the water board. Judith Holmgren reminded the Commissioners of the perspective that was in place in 2007. She quoted Tom Buqo, who said at the first meeting of the Senate Committee on Government Affairs in 2007, “I am a consulting hydrologist working with Nye County since 1996. Nye County is growing. We are building a city in Pahrump and have a February 21, 2017 21. For Possible Action — Discussion and deliberation regarding S.B. 21-Cont’d. water shortfall. It is not a matter of whether water will be imported into Pahrump but when. We spent years pulling together a water resource plan for the County which was adopted in 2004. The prior Board of Commissioners of Nye County took action last year and decided to present this bill draft request.” Ms. Holmgren said that showed there was a perspective that they wished to import water and that was the basis of the implementation of the water board. Paul Willis did not think it was a failure of the water district, but unfortunately a failure of the Commissioners. The water board was not given a specific mission and was not monitored as to whether they were accomplishing it. Sam Jones commended Commissioner Borasky for what he had done. He thought the Commissioners should get rid of the water board and that Commissioner Wichman should recuse herself from the vote as her husband was the head of the water board and that was a conflict of interest. Dave Stevens suggested the Board take no action. Tim Hafen, owner of a utility company that provided water and sewer service in the south end of the valley, suggested that the Board strongly oppose SB21, which would abolish the water district. Water levels in parts of the valley were dropping and would continue to drop. Without a vehicle like the water district to finance and distribute water from the east fan to those areas the water levels would keep dropping and become serious in the future. Mr. Hafen noted the district had the ability to issue bonds to effect redistribution of water and it would take something like that to supplement those areas. He did not believe the Commissioners had the time to spend to do the engineering, studies, cost benefits, etc. He also did not believe the utility companies had the ability, money or desire to do distribution of water because of the cost. For the good of the valley Mr. Hafen asked the Board to please leave a vehicle to do some of the future solutions and not abolish the Nye County Water District. Dan Harris said water was a huge issue and while he did not agree with everything the water board had done, he thought it would be a huge mistake to abolish it. Marcia Schaake said she moved here in 2015 after living in Clark County for 20 years for the freedoms Nye County had in comparison to Clark County, one of which was to own a parcel of land with her own well. She did not move here to lose her water rights. As far as she knew she was allowed two acre feet of water and while she lived by herself and did not use that much, she did not know if the half acre foot she had heard could happen would support her garden, her horse and her dogs.

Commissioner Schinhofen

assured Mrs. Schaake that was not part of this discussion at all. February 21, 2017 21. For Possible Action — Discussion and deliberation regarding S.B. 21-Cont’d.

Commissioner Wichman

took this opportunity to state the water district was a separate entity of government and although her husband had a contract with the water district, that was one of many. It would not affect her vote and she would vote as that was what she was elected to do.

Commissioner Koenig

said he had heard a lot of discussion about how the Commissioners should become the water board, which he did not have a real problem with. However, the problem with SB21 was that it not only abolished the water board but it also abolished the water district. Once the district was gone the Commissioners could not become a water board. The other problem Commissioner Koenig saw with the Commissioners becoming the water board was that some of the things written into that bill would allow only four of them to be on the board, so all of that language would have to be changed. While Commissioner Koenig did not have a problem changing it, he did have a problem taking a bill to the Legislature that they already had and asking them to change it as it could allow for other changes. Commissioner Koenig wanted everyone to understand that SB21 specifically abolished the Nye County Water District. It was not written to abolish the water board so by default if the district went away the board went away. At some point in time a district would be needed and the County would have to go back to the Legislature.

Commissioner Schinhofen

said everyone agreed waterwas a serious issue and he did not support taking one of the tools out of the toolbox. The water district governing board was considered a separate political subdivision and by having it in place with the County Commission in place the County had two voices on the issue. As far as direction to the water board, Commissioner Schinhofen noted when the eight items were passed to look at they hit the ground running and were still in the process of gathering data. He thought the water board in place now was moving the stuff forward and giving the Board of County Commissioners options.

Commissioner Borasky

cautioned everyone to be carefUl of what they wished for because in the future what was said here would be really important. He had mentioned it and brought it up several times that the Board of Courity Commissioners could be the water board and everyone kept telling him that could nol be done, yet there were two or three other counties in the State where the Board of County Commissioners was the water board. Commissioner Borasky said he supportec the water district to begin with, but his hindsight outweighed any foresight as it had not turned out the way he hoped.

Commissioner Cox

noted it had been six months since the Board approved the BDR that ended up being SB2I, so she was quite surprised to see this today. The first hearing was supposed to be last Friday and because of this item it got stalled. She had not changed her mind that it was not what it was created to be. The water board had the power to incur debt, issue bonds, acquire land and water, and import water. They could spend vast amounts of money, collect taxes, adopt fees and ordinances, pass resolutions, hire attorneys, and increase their budget, all of which they had done, and February 21, 2017 21. For Possible Action — Discussion and deliberation regarding S.B. 21-Cont’d. that budget had become the monster Commissioner Cox talked about in the past.

Commissioner Cox

stated the water board was no longer feasible and it needed to be gotten rid of as it now stood. She supported the County Commission creating a water district and she did not believe that could not be done as a hospital district was just created in northern Nye. Commissioner also Cox pointed out that being a member of the SNWA gave the County the powers needed and they got things done with a budget of approximately $60,000.00. She felt Nye County should be in control of its own water and that fell on the backs of the County Commissioners. She had no problem with the County Commissioners becoming the water board, but she did have a problem with a non-elected board costing a lot of money. She also did not think culling the acre feet of water was fair to the people who moved here for the rural lifestyle.

Commissioner Borasky

said he realized that, but he did not set this agenda item up and asked if Ms. Bello was saying now that the Board could not take that action.

Commissioner Schinhofen

clarified that if no action was taken it would carry through the way it was written, so he thought the District Attorney was saying the motion had to be reworded.

Commissioner Koenig

made a motion to reconsider item 21; seconded by

Commissioner Borasky

; 5 yeas.

Commissioner Cox

made a motion to take no action on the item; seconded by

Commissioner Koenig

; 3 yeas. Commissioners Schinhofen and Wichman voted no.

Commissioner Wichman

, but he wanted to say her husband Oz Wichman was one of the most legitimate and honest people anyone would ever meet and Commissioner Wich man could not influence him even if she wanted to. Don Cox advised the end of Moose and Yucca Terrace was a swimming hole and pipes needed to be put underneath it.

Commissioner Schinhofen

adjourned the meeting. APPROVED this — day ATTEST: Of /V1&)-/ ,2017.

Chair Nyd

Cot.ty lerk / Deputy Dear Commissioners, Please Take NO Action on Agenda Item 21 to Abolish the Nye County Water District. The majority of the County Commission voted to abolish the water board. Aug. 16, 2016 pgs. 20 for item 43 regarding BHI Draft Requests (BDRs) for Nye. Co. for the 2017 Legislative Session. Commissioner Cox made a motion to prioitize the water district for the BDR to do away with them; seconded by Commissioner Borasky; 3 yeas. Commissioners Schinhofen and Wichman voted no. (emphasis added) I live in Amargosa Valley, NV and I have paid a $5.00 fee per parcel on my tax bill for 3 parcels since 2011 for a total of $15.00 per year for 6 years. I have never received a benefit for the fee. A Fee is only the intent of District to do something. Legislative Counsel’s Digest: Section 8 of SB222 sets forth an extensive list of powers conferred upon the District, including, without limitation: 1) The power to incur indebtedness and issue bonds; 2) The power to acquire land and water rights to carry out the purposes of the District; 3) The power to construct any work for the development, importation or distribution of the water of the District; and 4) The power to levy and collect taxes to assist in the operational expenses of the District. The District has only applied No. 4 by adopting a fee and not a tax! Sec. 8. 1. The District has the following powers a-w. The District has never exercised the following powers: e, 1, g, i, j, k, I, m, n, o, p, r, s, and u. May 24, 2010 the Nye Co. Water District adopted Ordinance 2012-01 to collect an eight dollar ($8.00) fee per parcel in Nye County by a 7-0 vote. June 15, 2010 the Nye County Board of Commissioners (B0CC) Resolution 2010-37 ratifying WD Ordinance 2010-01 failed by a 2-3 vote. In May 2011 the $5.00 fee was placed on my tax bill by an email from Brian Kunzi, the District Attorney to Michael Maheer, Nye Co. Treasurer. In 2012 the Water Board passed by a Resolution by a vote of 3-2 vote out of 5 members present at the meeting. The quorum is 4 out of 7 members on the Water Board. Black’s Law Dictionary 6th Edition page 1310: “A resolution is a formal expression of the opinion or will of an official body or a public assembly, adopted by vote; as a legislative resolution. Such may be either a simple, joint or concurrent resolution. The term is usually employed to denote the adoption of a motion, the subject- matter of which would not properly constitute a statute, such as a mere Comment by John Bosta on Feb. 21,2017-Item 21 Page 1 expression of opinion; an alteration of the rules; a vote of thanks or of censure, etc. Such is not law but merely a form in which a legislative body expresses an opinion. Baker v. City of Milwaukee, 271 Or. 500, 533 P.2d 772, 775. The chief distinction between a “resolution” and a “law” is that the former is used whenever the legislative body passing is wishes merely to express an opinion in some given matter or thing and is only to have a temporary effect on such particular thing, while by a “law” it is intended to permanently direct and control matters applying to persons or things in general.” A Resolution cannot be enforced. It is my opinion that an ordinance is required to adopt a tax and would require a vote of 4 or more out of 7 members. I filed a Stay for the Collection of the $5.00 fee imposed by the Water District and a Petition for Writ of Prohibition, in the Alternative, Petition for Writ of Mandamus in the Fifth Judicial District Court of the State of Nevada in and for County of Nye, Dept. 1. The District Court agreed that a quorum is 4 out of 7, but the Judge ruled that a vote of 3 out of the quorum of 4 would adopt an action by applying NRS 241.015 Definitions. As used in this chapter, unless the context otherwise requires: 1. “Action” means: (c) If a public body may have a member who is not an elected official, an affirmative vote taken by a majority of the members present during a meeting of the public body; 5. ‘Quorum” means a simple majority of the membership of a public body or another proportion established by law. Since, the Nye County Board of Commissioners appointed the seven (7) members of the Nye County Water District and may be recalled by a simple majority vote of all members of the Commission. Also, any decision by the Nye County Water District can be appealed to the County Commissions. The Water District is an independent board. The Nye County District Attorney should be the legal counsel for the Water District. However, the Nye County District Attorney refuses to represent the Water District. So, the Water District hired one of the most expensive water law firms to represent them in my case. The law firm that represented the Water District is now asking the Court that I pay their expense bill of $22,123.00. The Court has scheduled a hearing in Department 1 on March 14, 2017 at 9:00am. Comment by John Bosta on Feb. 21, 2017- Item 21 Page 2 The SNWA holds applications filed in 1989 for 111,495 AFY of groundwater in Railroad Valley North and South. SNWA intends to pursue development of those resources when needed to supply future demands. In 1989 Nye County protested all 146 applications filed in Railroad Valley by SNWA. The Las Veaas Sun, Friday, June 10, 2005 Rural counties band together to keep water from LV Valley. The proposal, drafted by select commissioners of Elko, Esmeralda, Eureka, Lander. Nye and White Pine counties and released on Thursday June 9, 2005, calls for creating the Central Nevada Regional Water Authority, an entity that would oversee water resources in those counties, according to a copy of the proposal. June 15, 2005 the Elko County Commissioners considered participation in a regional water authority coalition that may include Nye, White Pine, Eureka, Lander and Elko Counties that would work to address water issues and needs affecting central and northeastern Nevada. March 22, 2006 Central Nevada Regional Water Authority members, Jon Hutchings, Doug Carson, and Sheri Ekiund-Brown gave testimony before the Interim Committee on Use, Management, and Allocation of Water Resources. The June 8, 2007 Senate Bill No. 222 formed the Nye County Water District. The following is from the first meeting of Senate Committee on Government Affairs March 26, 2007 page 3 by Thomas S. Buqo: “I am a consulting hydrogeologist working with Nye County since 1996. Nye County is growing. We are building a city in Pahrump and have a water shortfall. It is not a matter whether water will be imported to Pahrump but when. (emphasis added) We spent years putting together a water resource plan for the County which was adopted in 2004. The prior Board of Commissioners, Nye County, took action last year and decided to present this bill draft request.” Dec. 14, 2007 Central Nevada Regional Water Authority Resolution 07- 01 was adopted recommending 1) Every Water Basin in a member county have a land use plan, and 2) A land use plan for a member county and any city within a member county must be based on the sustainable water resources within the member county. March 16, 2009 the first meeting of the Nye County Water District Item #3 & 4 Water Board Basics: “Mr. Benesch stated the NCWDGB is a political subdivision of the State of Nevada. It is not generally considered as part of the county. It is considered a special district, due to the way the council decided to put it in the NRS. The differences between the several different districts (Virgin Valley, Lincoln, and Moapa) is that this district serves at the pleasure of the Nye County Board of County Commissioners. The compensation and travel expenses are set by the BOCC and any Comment by John Bosta on Feb. 21, 2017- Item 21 Page 3 decision the NCWDGB makes are appealable by the BOCC. Any future taxes this group will levy is done through the county. (emphasis added) The service area is county wide the NCWDGB was created to co-exist with private water companies. It is not designed to take over water companies however; it may come to that sometime in the future because of lack of funding.” Feb. 23, 2010 B0CC minutes Timed Agenda Item 10:30am 1. Discussion, Deliberation, and Possible Decision and Direction to Staff Concerning Nyc County’s Response to Water Filing Hearings Requested by Southern Nevada Water Authority (SNWA) to the State Engineer Regarding Groundwater Applications in Railroad Valley and for Water Attorney George Benesch to Handle Legal Issues Regarding Water Rights and Give Nye County Manager Authority to approve Mr. Benesch’s Activities. Aug. 16, 2016 B0CC minutes Item 43: Page 19, “Gregory Hafen listed some of the benefits of the water district like the outreach programs in northern Nye County, the loan to Shoshone Estates when they had water issues, water education in 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.” (emphasis added) Page 20, “Commissioner Wichman said she 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. (emphasis added) A secondary reason was that 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.” Both of the above statements are factually incorrect! Sept. 26, 2016 the Water District Governing Board approved a $7,500 payment to the CNRWA for the annual membership fee by a 7-0 vote. Joni Eastley, Midge Carver and Dan Schinhofen were appointed to be the representatives for Nye County. Why is the Water District paying the Nye County’s membership and selecting the representatives to CNWA? The County is the member of CNRWA not the Water District. Today, the Water District Board is no longer pursuing the importation of water for Pahrump from other basin outside of the Basin 162. Respectfully submitted, Comment by John Bosta on Feb. 21, 2017- Item 21 Page 4 Nye County Board of Commissioners February 21, 2017 Agenda Item 21 The following requests the Nye County Commissioners to take no action on Agenda Item 21 and reschedule SB 21 with the Senate Committee on Government Affairs. Print Name_____ Signatue__________ vJjfr F. L rn$ go%,28od ‘U b2WDA/ 7o FWpi ‘v& V %z Je/%LL £%J 92%J ‘Uct &oLE’i/ST,*t;ic ALc AIE/1L p ?g44 LhL iftrh6Mc( //oL/iifri’1 coL74c4T 4( -f7ç d) 59’ Ci ci K61 i-/’AtA% /‘// 6 ,FMw&’ N11 — i wA a L_o L—7J L)4 Sb EWicw +, I ,A1//ct 37) Ai L%SL,- Sf 6e1% ,Ic ‘2/ /V% O5i,1-c rcA I 50 t Mi- m’ce 1;LLL: o&LAkrutL U Lii. ILco 1 c 0 —F I C’ CD c_ • D 0 0 f 2 c-i c,- •< LI’ CD 03 3 cu -i 0 0 CD -t’ 0320 £ -C’ M-< 0 CD 3 I 13 0B -. 1-n a D —. -ç (no oi3 CD ri-_. 0 (Dcr, -‘ 1_n C 0 _•U) r’J l_L iI i-i- — ft CDL’ M CDtt 0 p.’ —J U, CC) QO CD 0 ‘-4 -j:3 c-i- CD CD v3 :30 rrD 1) ZcO QJ(D cn0. - 0) Nye County Board of Commissioners February 21, 2017 Agenda Item 21 The following requests the Nye County Commissioners to take no action on Agenda Item 21 and reschedule SB 21 with the Senate Committee on Government Affairs. Print Name______ --? tl / / C /Y\iy 33/ &/oo ft7w 11 2< L2e7q kk /)7O %% b )/it /i%— U / Kenny •/ 2 TLO £ /J’ / fri 274c. g rx : 23’ 4’ i7P)/cj 17, /_ /111 [L% /Lc /AJtL5O,J ;; S2O -‘-& dz3cJY N £ T%A A’2v A, 7T 3y /V M O5 tht r- c c-i ri 7 Csjf1 ( 5\kejcvw f31 cn43 fAti Ir)t 3 C CD 11 -I CD D5 fl 0L0 0 CD’ D p3 CU•) -‘ y -t oJz () I.’J.< 0 CD3 n3 r0 -. (n £ —. rr-t 0 CD Lfl0 :3 0i3 CD I-c-. 0 ( F1 CD ncn -‘ Di -I 3<M _.u, , CDL’ M oC CD \iI :3 ILl D :3 fl Di I-I C I CD CD :30 rt F’.) DiCD Di Di (0 DU) c 4-I C ,- C0 •Z D U1- C CD N -l C Q 3-JO) r oW 1-4 U) r a) C c .2 D 1- I D •4-’ G) Ero U. CC U) U) 0V) U) ..1 C C EU E a)T- o >N (JZ %1- Q) o 1- U) I 4-I U) D.C 5 G) (0 z tD 4-I 7) 1. 0 cL ui a)ffl (U. DUz E o a) I. Q E (0 —c 3’L •c C G) 00 Dl cc:? r -l (U Q4) r4 0L 4-, iI (j)• I 1 a) L C 00 v) II 4 I (0 I -‘ (Il 1... VIa) • E LL 0 U c a) a) C >C .2 VI 3.C \ 0 EU 2 - SI, o >.(4 U J ‘3- o • 41 t I I.- VI L o >cr z 0 I 3-’ \ 11 t z A 1 \1 (0 DU) a) ‘-I c7itz N C- E oc a) a) _i (0 C a) 0) ‘-I fJL > 00 I4 ow -1 r’i c. w 0° k N Cr0 ‘4 isi C •0 U) . C4-J 0 0 7 j C a) (0 H1 -c I 0 H21 13I .‘ 7 4 a) > 0 ‘-‘,. r “1 ,iI 7dç C H i-i-1 -ç CD U’ D -o U) CD (_ D3 ( 0 0 K C (D D q CD 0 — H CU) , 0 D UcD -h aJ n cJ1 U” r< 0 to’ I(D 3 -D SD 0 or loch n3 -. 0 (\J U) rr-p • 0. (J CD 7 D 0i3 CD a (DU) -t 5 1 U) C no. QJ :3 t N _.U) 3-t t- CD° N H 00 r) CD I 3 CD CD N WCD S • 0J F Nye County Board of Commissioners February 21, 2017 Agenda item ; The following requests the Nye County Commissioners to take no action q. Agenda Item 21 and reschedule SB 21 with the Senate Committee on Governmñt Affairs. Print Name______ FRAPIK H1 BROwil O3IFP1A)5’7 1/141% /giy,jiffi1 ? / TAYME Sf 7,n !3L1_SS e h 71 Ff cJ6HpJ 2t/Egc ec)c/ 1A1)7f/JAO’/C,’1 Z73QO JeLj4 ,41tLt-// /41Qv&__ fo ‘zZ4,( (‘7 Q7d , fi’t’titI c2I-k-/t f’j, /71&k’b’14/ /Z4 -‘a’ iiii1J-( 30M chU 7) k. 2 .%%cL4 ‘2% I/V &MCC7’+. 1 pJtti / / fO f’iy 1’. rOs /OJ S Sf14ei’q <r1t1L1€4I 101 5 FrckLi hi C(bttc (mtJ lot s. I tot ,5. frq Tce fi’/’ vt J&V 5 Th S -b ‘ CD c. CD p D5 fl 0 C H’ CD’ D “‘ (I) DC CD I— r’ U) -I “I F !çy cJ S C F r 9 I CD .n3 3 “3 cJ \fl 0. I’D (fl CD b g I N UI N CD° CDr 0 Gi ‘-‘-c UI • 00 03 1 0) CD CD N 0)CD • 0) S I Ct, 1 .1 F’ z -, r%Jgz I I -o o ‘<m -i Thç 3• A LD -S CD I,, C’ UJ cLg U) -I CDr zr UcD rr DJz n 1i< 0 AJ vJ CD 3 1 n3 — t sJ 0 In D E r-r-r 0 E 0 CD 1.0 -... ‘ (o -S U) CD-s -n S. CD g--. Ø• 2 -12 CDU) -I y nU) 0) k CD° N CDr1 0 a) I- j D 0) I— -iD t-t CD CD >> N I-.’ 0)CD • a) Ct’ C.— a) (3 3-, I-.’ Q L. -D UW CD> U ÔO D) r.. i-1 CD (%J r4J L C 0 .10 ‘-D .2 U) I... a a-. t’ t-C U) U) C4’ a) ci) C >.C -o U) 0 EU E Ui-i o >N QZ ‘- 0_C J-Jw UD o a) ,>.. ob E1 3-, ‘C 1. CD z t.’ 4-, 0,-i 0 CD OJCD r.i c tz a) 0) 4-, C I-I Q CD .ZC 0 C CD> 0) O CD o -i-’G) r.i 4-, — 3—i -.I fl r.i c—S CD .2 D Lfl i LI)a) _a •--‘ a) -j Li.. C Cl) o(J) U, 0) a) i + g > C U) EU E 0)7-1 fl — o >CN -J U Z 0 J t- L. (I) CD 1] r S.. q U) S >- 4-, U, E —U -‘ C 1 CD z J o 3-i CD --1 I >.2’- ZCSJ -:7 > 4 I If L1_ L c9 t (4 0 I CD CD 5.n D c:) [ ‘S U) ‘ 0. U)CD -i’s 0 n3 rr0 -. rPr. — D CD 0i (,0 - E:. CD-i z CD -. 0• CDcn -i r rj 0’-’ 0) J 3’ 1 CD0 r%) CD 0 ow 00 0) k I— c 0 b4J -4 >> (nO. 0) (0 i-I r oc a) a) gE (0 . (OW i-I C o -‘G) OW (N r-I Lfl• a) to .2 D L.. HI 4-, -4 In — a) U) ‘I • U) I a) C r J .141 0 -cj )? i,-I 0 N N Eo u >C4J U Z ‘4- a) o L.. U) ( I’-, U) ,.i a) a) c) C a)U) (0 c o I. z t U .Ec r -J a) >2’t i 3 ‘4- Wrn 1 c9 17 -J 2 __ (DCD 3-b CD 0 I :3-C F CU) -‘ wz 0 F%J< 0 CD 3 O3 — -C U) a .- . CD CD T U) 3 1 P j: CD CDui ‘ U) C B rF 3CD CD° 1’J CDrr 0 0) i- 0 •...j 00 CD <0) (Dr) 0. 0) I-I D rP CD CD D03 rr >> c • 0) \r s-LI OLI%t1t] Please make this part of the record of this meeting. In January 2016 during a BOCC meeting, a vote was taken to move several Ground Water Manag ement Plan items forward for the Nye County Water District Governing Board to refine and bring back to the 30CC.

Commissioner Wichman

suggested that it was OK to vote on the item because it did not bring money directl y into her household. Oz Wichman, husband of Commissioner Wichman is the manager of the water district. According to this year’s Water District Expense Report, he receives a salary of $90,000. This money goes directly into Commissione r Wichman’s household. I am strongly requesting that Commissioner Wichman abstain from voting on this item for obvious ethical reasons. The Water District has current revenues of $271,900 annually based on a $5.00 fee charged to every lot in Nye County. Salary and wages equal $253,000. This year’s budget is $429,000. it seems that the only benefit Pahrump residents received from this fee was fear and disrespect while Northern residents received nothin g unless you count creating jobs for bureaucrats. As of this year the District will have removed over $1.63 million from residents while giving nothin g in return except the concept of a water management plan crafted by special interests. This water district was created in 2007 for the purpose of importing water into Pahrump and all things necessary to achieve that goal. While that is in no way economically viable for the community at this time, the power to do so still remains. This board has been consistently working outside of its specified powers. To date, the only thing this board has actually done within its scope of designated powers is levy and collect taxes. In contrast, the Central Nevada Regional Water Authority provides a valuable service to 8 counti es on an annual budget of $60,000. They are a central agency that negotiates with other government and private agenci es on behalf of their member counties. They are responsible for leading the fight to stop Las Vegas from grabbing water under their authority. Our $7,500 yearly membership dues gives us standing with SNWA and an early warning of issues that will affect our water. The cost of lights, heating and cooling, Granicus recordings and extra staff to facilita te the Water District meetings here in these chambers cost more than our CNRWA membership. A legitimate reason to continue funding the Water District does not currently exist and could be consid ered financially irresponsible at this time of economic uncertainty. There is only one other county wide water district in the state. The entire structure of this Water District is inconsistent with the needs of Nye County. At such time in the future when the need justifies the expense, an agency better suited to our needs could be created. Perhaps a local Authority formed under cooperative agreements would be more practic al than a county wide district. Respectfully submitted for your consideration, Kenny Bent Submitted to BOCC meeting Feb. 21, 2017 Agenda item # 21 fli-Lt1 1Zj ozhitti Nevada NRS 281A.400 A public officer or employee shall not use the public officer’s or employee’s position in government to secure or grant unwarranted privileges, preferences, exemptions or advantages for the public officer or employee, any business entity in which the public officer or employee has a significant pecuniary interest, or any person to whom the public officer or employee has a commitment in a private capacity to the interests of that person. As used in this subsection “unwarranted” means without justification or adequate reason. 281A.420: (DOES NOT APPLY TO LEGISLATORS see part 7) 1. Except as otherwise provided in this section, a public officer or employee shall not approve, disapprove, vote, abstain from voting or otherwise act upon a matter: (a) Regarding which the public officer or employee has accepted a gift or loan; (b) In which the public officer or employee has a significant pecuniary interest; or (c) Which would reasonably be affected by the public officer’s or employee’s commitment in a private capacity to the interests of another person, without disclosing information concerning the gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of the person that is sufficient to inform the public of the potential effect of the action or abstention upon the person who provided the gift or loan, upon the public officer’s or employee’s significant pecuniary interest, or upon the person to whom the public officer or 1 capacity to the interests of another person where the resulting benefit or detriment accruing to the public officer, or if the public officer has a commitment in a private capacity to the interests of another person, accruing to the other person, is not greater than that accruing to any other member of any general business, profession, occupation or group that is affected by the matter. The presumption set forth in this paragraph does not affect the applicability of the requirements set forth in subsection 1 relating to the disclosure of the acceptance of a gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of another person. (b) The Commission must give appropriate weight and proper deference to the public policy of this State which favors the right of a public officer to perform the duties for which the public officer was elected or appointed and to vote or otherwise act upon a matter, provided the public officer has properly disclosed the public officer’s acceptance of a gift or loan, significant pecuniary interest or commitment in a private capacity to the interests of another person in the manner required by subsection 1. Because abstention by a public officer disrupts the normal course of representative government and deprives the public and the public officer’s constituents of a voice in governmental affairs, the provisions of this section are intended to require abstention only in clear cases where the independence of judgment of a reasonable person in the public officer’s situation would be materially affected by the public officer’s acceptance of a gift or loan, significant pecuniary interest or commitment in a private 3 capacity to the interests of another person. 5. Except as otherwise provided in NRS 241.0355, if a public officer declares to the body or committee in which the vote is to be taken that the public officer will abstain from voting because of the requirements of this section, the necessary quorum to act upon and the number of votes necessary to act upon the matter, as fixed by any statute, ordinance or rule, is reduced as though the member abstaining were not a member of the body or committee. 4