March 7, 2017

Commissioner Koenig

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

Commissioner Borasky

said Donuts with the DA in Tonopah on Saturday was a very good event with great questions. He then described how he injured himself playing the fundraising softball game for the VFW auxiliary, which was why he stayed in Pahrump today.

Commissioner Wichman

said her latest trip to Washington D.C., with Commissioner Schinhofen was the most productive eight days she had ever spent there. Teaming up as they did provided them both access to agencies and places neither of them would have had individually.

Commissioner Schinhofen

added they talked to a lot of groups about EMS service to central and northern parts of the County and met with the DOE transition team and the legislators. He then confirmed for the public that the County had asked to intervene in the rate case with Great Basin Water Company. Commissioner Schinhofen also advised he would bring a couple of resolutions and a letter forward. One resolution was that Nye County was not a sanctuary county and the other was in support of HR6I and HR62. HR61 was to release all BLM land previously identified by the Clinton Administration and HR62 was to get rid of BLM and Forest Service law enforcement and take those funds to local communities so they could be in charge of that. The letter or resolution would be to the federal delegation to ask them to lobby or change the rules for retail marijuana like they did medical marijuana so it was controlled by the state and each state could deal with their own issues. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

Commissioner Cox

said the corner at Yucca Terrace and Moose needed to be reworked. There was a big mud hole that stayed there for weeks and she was afraid it would draw mosquitoes in the summer time. She also had a chance to drive on the Belmont Road last weekend. She realized on the way up that the road was in pretty bad shape and oddly enough she received an e-mail to that effect. She also received

Mr. Carlo’s

response so she was glad to see that get attention.

Commissioner Borasky

said he turned in some potholes to Wade Christensen. He noted that the extension of Gamebird Road looked beautiful compared to what it used to March 7, 2017 be when he moved here. He then asked when Mr. Carlo planned on starting Homestead Road.

Mr. Carlo

said he talked to Horax yesterday. They were finalizing the utility locatio ns and the drawings were at 70%. Horax told him they should be at 100% in three or four weeks so Public Works would have the plans in hand to go out to bid on that project .

Commissioner Koenig

stated that north on Blagg where it intersected with Harris Farm going east there was a huge chunk missing on that corner.

Commissioner Schinhofen

commented he was glad Gamebird was done. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. LIQUOR

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Borasky

asked if this would give them sufficient time to get this completed so it did not have to be done again in another 90 days.

Sheriff Wehrly

explained that either the FBI or the mail system lost a packet of about six fingerprint cards so the Sheriff’s Office was asking everyone to come back in and re fingerprint.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissione rs. March 7, 2017 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

asked to have item 12 pulled for discussion.

Commissioner Wichman

made a motion to approve items 10, 11, 13, and 14; seconded by Commissioner Koenig; 5 yeas.

Commissioner Wichman

made a motion to approve items 10, 11, 13, and 14; seconded by Commissioner Koenig; 5 yeas.

Commissioner Wichman

made a motion to approve items 10, 11, 13, and 14; seconded by Commissioner Koenig; 5 yeas.

Commissioner Wichman

made a motion to approve items 10, 11, 13, and 14; seconded by Commissioner Koenig; 5 yeas. Match 7, 2017

Commissioner Wichman

made a motion to approve items 10, 11, 13, and 14; seconded by Commissioner Koenig; 5 yeas. 12. For Possible Action Approval to accept the grant award for the US Department of Justice Drug Enforcement Administration Grant to defray costs relating to the eradication and suppression of illicit cannabis in the amount of $5,000. This grant will be administered out of Fund 10340 Grants and there is no county match required.

Commissioner Wichman

pointed out that the Nevada voters passed recreational marijuana, but this grant required the Sheriff’s Office to seek out violators of illicit marijuana specifically and report that to the DEA before getting reimbursed on the grant. The total grant was for $5,000.00 and Commissioner Wichman wondered why the Sheriffs Office would open up that headache to fulfill the requirements of the grant.

Sheriff Wehrly

clarified this one was for illicit grows and the Sheriffs Office worked with the DEA to eradicate them. She did not see an issue between the federal laws and what the State of Nevada voted for.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Wichman

stated she was directly affected by this item and would not deliberate on it. She recused herself and left the room.

Commissioner Wichman

was not present

Commissioner Schinhofen

explained this item was not to get rid of SB2J. It was about comments made during a heating that committed or obligated the Board for items this Board did not consider. They were on the agenda to consider now which would give their colleague cover. Due to technical issues this item was reopened later in the meeting [see page 16.]

Commissioner Wichman

was present. CLERK

Commissioner Koenig

made a motion to appoint Gary Bennett and Derek Fowler to the RPC; seconded by Commissioner Cox; 5 yeas. DISTRICT ATTORNEY

Commissioner Wichman

said she appreciated the exhaustive research and communication of the District Attorney’s Office.

Commissioner Wichman

made a motion to accept the changes made to the manual, except keeping in “pursuant to NRS 281.” Match 7, 2017 20. For Possible Action Discussion and deliberation to amend Nye County Resolution No. 2017-06, a Resolution as it pertains to amending 2.12 of the Nye County Personnel Policy regarding Nepotism.-Cont’d. Danelle Shamrell, Human Resources Manager, confirmed with Commissioner Wichman that language should be put back where it was originally.

Commissioner Wichman

added to make sure that did not affect the other portion of 2.21 and that stayed the same.

Commissioner Koenig

seconded the motion to accept the changes made, except keeping in “pursuant to NRS 281.” Angela Bello asked if the proposed language her office offered was good.

Commissioner Wichman

said yes, but to leave 2.21 on the tobacco use alone as there was no concern about that.

Commissioner Borasky

said he was not clear on what was just done and asked Ms. Bello if she agreed with it.

Ms. Bello

said she did. TREASURER

Commissioner Wichman

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

Commissioner Koenig

made a motion to adopt; seconded by Commissioner Wichman. March 7, 2017 23. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2017-52: A Resolution Authorizing the Donation of Certain County Property to Certain Governmental Entities.-Cont’d. Comm issioner Wichman asked if a resolution was needed stating this was no longer County property. Lorina Dellinger said it should be stated in the motion that it was no longer needed for public use.

Commissioner Koenig

amended his motion to adopt as it was no longer a benefit to the County and was not being used anymore; Commissioner Wichman amended her second; 5 yeas.

Commissioner Wichman

clarified her question was actually that in the past this was two items. Something had to be brought forward to say this equipment was no longer needed.

Mrs. Dellinger

explained that was not required when donating to another governmental entity. HIR AND RISK MANAGEMENT

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig.

Commissioner Koenig

asked if this was waiving the 90 days.

Commissioner Wichman

said they left the job on March 2, 2017, and could be hired on June 9,2017, so no.

Sheriff Wehrly

explained this particular position did not have any accrual as it was a brand new position and the person just did not stay. Danelle Shamrell stated there were accruals on this position and the Sheriff was thinking of the deputy position.

Sheriff Wehrly

confirmed for Commissioner Schinhofen that this position had no accruals.

Commissioner Koenig

made a motion to approve waiving the 90 days; seconded by

Commissioner Borasky

; 5 yeas. 24. For Possible Action Discussion and deliberation to fill a vacant Dispatcher. Position #10022-020 in the Sheriffs Office effective June 9, 2017 due to the employee resigning effective March 2, 2017.-Reconsidered. Pam Webster asked for reconsideration of item 24 and waiving of the 90 days as there had been a considerable amount of turnover in dispatch.

Commissioner Borasky

made a motion to reconsider item 28; seconded by

Commissioner Cox

; 5 yeas.

Commissioner Koenig

made a motion to approve waiving the 90 days; seconded by

Commissioner Wichman

wondered if she was reading the wrong agenda item. The employee resigned effective March 2, 2017, and the Sheriff’s Office was asking for this position to be filled effective June 9, 2017. Pam Webster explained they were asking to fill the position immediately.

Commissioner Koenig

made a motion to approve waiving the 90 days due to no accruals; seconded by Commissioner Wichman; 5 yeas. March 7, 2017 TIMED ITEMS 6. 10:00 For Possible Action Discussion and deliberation on an appeal of the - — Nye County Sheriff’s Office revocation of permit FC 40-15 to allow the possession of special conditions animals located at 5561 Blackrock Ave., Pahrump, NV. Abby Hedengran Appellant.

Sheriff Wehrly

explained this was a citizen’s complaint resulting in the confirmation of the following violations: • Nye County Code Section 6.30.3040.D. location of facility shall be in compliance with all local zoning and planning department requirements. A fennec fox, a prohibited animal, was found living in the confines of the property. Both Jacki Freeman and Abby Hedengran knew the fox was there and had been there for several years. They also knew it was a species that was not allowed in the State of Nevada. Additionally, two bobcat hybrids were discovered within the home without the proper Nevada possession permit. • Nye County Code Section 6.30.050.B. the location where the special condition animals will be housed. It was found the primary resident was intended to be the full-time caretaker of the premises; however, she resided part-time at another location by her own admission.

Sheriff Wehrly

stated therefore their permit was revoked and all animals falling under the permit requirements were removed from the property. The date of oral notification was November 17, 2016. She listed the animals requiting permits as one male tiger, one male African lion, two female lionesses, and one black panther. The fennec fox was a prohibited species per the Nevada Division of Wildlife and no permit could be obtained for it. Animal Control Officer Susan Ryhal and Detective Michael Eisenloffel agreed with

Sheriff Wehrly’s

version of events. Harley Kulkin, Jacki Freeman, and Abby Hedengran were present.

Mr. Kulkin

contended the fox was allowed in Nevada under certain conditions. He then explained there were two types of exotic animals those that required a permit and smaller animals that did not require a permit. It was Mr. Kulkin’s opinion that the Sheriff grossly over-reacted in this situation and that the Sheriff owed these people an apology. They should have simply removed the fox because of the gray area of whether it was legal or not. He added the two lynxes ended up dying while in the care of the Sheriffs Office because of the trauma caused to them.

Mr. Hedengran

said the fox was Mrs. Freeman’s. The big cats were his under his permit and he was penalized because of their partnership. When he went to the Sheriffs Office to try to reason with them to not take the animals he was denied any March 7, 2017 6. 10:00 For Possible Action Discussion and deliberation on an appeal of the - — Nye County Sheriff’s Office revocation of permit FC 40-15 to allow the possession of special conditions animals located at 5561 Blackrock Ave., Pahrump, NV. Abby Hedengran Appellant.-Cont’d. avenue to address the issues or speak about it until today. Mr. Hedengran felt the points in the letter could have been easily corrected so he was asking that the permit be reinstated and if there were violations then provide him with the proper notice and they would be taken care of.

Mrs. Freeman

, the homeowner, stressed they needed their permit reinstated today. She said Ms. Ryhal was at their property on November 2, 2016, and complimented them about how well the cats were fed and taken care of and how clean the cages were, but she declined the invitation into the house. Mrs. Freeman did not know what happened on that day because of the tigers being seized three days before, but something was not done correctly. Monica Freeman said she was raised with these animals and was never allowed to have any friends as it was all about cat safety and outside safety. Everything was triple locked, everything was always clean, and every year Animal Control would come to check on things and never said anything negative. Cindy Kopoian, a friend of Mrs. Freeman’s, described how the fox interacted with Mrs. Freeman. She said the cats were in two bedrooms across from each other and when

Ms. Kopoian

walked past those she did not smell anything. Dwight Lilly did not think this situation was a danger to the community at all. He wondered where it was in the budget to provide the proper professional care when animals like these were taken. He found no item to covet it and asked the Sheriff to address how the animals were cared for as he would hate to see Nye County put at a financial risk because of the death or injury of someone’s private property. Don Cox said he and Commissioner Cox took a ride out to the house and saw the cats. They were well taken care of, there was no mess, and there were several fences keeping them in including one very tall one. He thought someone might have over reacted the day the animals were taken and that the Board should give the license back. Dave Stevens stated he was on the owner’s side. These animals did not hurt anyone or anything. They had a good home and he did not see anything wrong with it. Diane Marie Holguin-Brooks said she did not know the particulars of this situation, but she was a human rights expert which included animals. She wanted to know how these animals were being treated right now. She cautioned the County needed to act very responsibly when making these decisions. Match 7, 2017 6. 10:00 For Possible Action Discussion and deliberation on an appeal of the - — Nye County Sheriffs Office revocation of permit FC 40-15 to allow the possession of special conditions animals located at 5561 Blackrock Ave.1 Pahrump, NV. Abby Hedengran Appellant-Cont’d.

Commissioner Schinhofen

said he heard a lot of hearsay that the fox was not illegal and would like that addressed. He also wondered what the conditions were that day. Detective Eisenloffel advised that per NRS the possession of a fennec fox was prohibited in the State of Nevada. Addressing the statement made by Mrs. Freeman regarding Animal Control’s visit on November 2, 2016, Ms. Ryhal clarified that visit was simply to meet with Mrs. Freeman at her insistent and constant request about Mr. Hedengran not helping her with the cats. It was not to do an inspection. It was to see if some resolution could be achieved so the animals could be taken care of properly as Mrs. Freeman said she was having difficulty taking care of them by herself. On the date the complaint was received, they did do a facility inspection, were granted permission to go inside the house by Mrs. Freeman, were escorted by Mr. Kulkin, and as soon as Ms. Ryhat went inside the home she could smell the odor of urine.

Commissioner Schinhofen

asked if Ms. Ryhal reacted to a public complaint.

Ms. Ryhal

stated yes, specifically for animals being housed inside the home in bad conditions and the possession of an illegal animal. While the conditions inside the bedrooms where five cats were housed were not as bad as she had seen in the past, in her opinion they were not humane and sanitary conditions. The odor was unbearable so in her opinion the animals were being cruelly confined.

Sheriff Wehrly

said it was true that animals passed away, but the reason they passed according to the veterinarian was because they were fed bad meat from the food bin left outside the gate. While she did enjoy the visit, Sheriff Wehrly said she remembered Mr. Hedengran telling her that the fennec fox was not approved to be in the State, but he thought it was a nice animal so he had it shipped to him and picked it up at the airport.

Commissioner Schinhofen

noted this was an appeal of the revocation of the permit, so the Board was here to talk about reinstating that permit. Regarding the legality of the fox and bobcats, Angelo Bello informed the Board that the State asked her office to bring charges for possessing an illegal fox as well as not having a permit for the bobcats. Her office filed those charges yesterday, but that did not mean they would be found guilty. However, even if found guilty that would not mean the Board could not give the permit back. Match 7, 2017 6. 10:00 For Possible Action Discussion and deliberation on an appeal of the - — Nye County Sheriff’s Office revocation of permit FC 40-15 to allow the possession of special conditions animals located at 5561 Blackrock Ave., Pahrump, NV. Abby Hedengran Appellant.-Cont’d.

Commissioner Schinhofen

asked who the resident on the property was and if they were there full-time.

Mrs. Freeman

stated she was the resident at the property and she or Mr. Hedeng ran were there 99% of the time. At the time being spoken of Mr. Hedengran was there the hours Mrs. Freeman was not. Mrs. Freeman also clarified that she had wanted to talk to

Ms. Ryhal

about a schedule, but there was never a time the property was unattended.

Commissioner Cox

asked what would happen to these animals if they were not permitted to stay with the owners at this time and who would pay for what would have to be done to remove them or place them somewhere else.

Ms. Bello

said it would be up to the people who possessed the animals tight now to remove the animals.

Commissioner Cox

said her question was how much expense would be incurred versus the owners being permitted to keep the animals in relation to it coming back onto the taxpayer.

Sheriff Wehrly

advised the animals were returned per court order. If the license was revoked it just meant they could not keep them in the boundaries of Nye County. It did not mean they could not keep their animals.

Ms. Bello

added that if the Board did not reinstate then she imagined they would be given a reasonable amount of time to remove the animals and if not done, once again in violation of the law, there would potentially be criminal charges.

Commissioner Cox

said she did not see where these people did anything wrong that would require them to go through that process, or the County, or the animals.

Commissioner Koenig

said he received correspondence from seven different people saying please remove the license as well as correspondence from seven other people saying please do not remove the license. One confusing thing to him was on February 16, 2017, the Nevada Department of Wildlife gave them back their license to have two bobcats, two male lynxes and one female lynx so they were now legal with those three with the State.

Ms. Ryhal

explained the State required bobcats and bobcat hybrids to be permitted through the Nevada Division of Wildlife and they never had a permit or applied for one. After this event took place the State gave them the option to apply for that permit. Ms. March 7, 2017 6. 10:00 For Possible Action Discussion and deliberation on an appeal of the - — Nye County Sheriffs Office revocation of permit FC 40-15 to allow the possession of special conditions animals located at 5561 Blackrock Ave., Pahrump, NV. Abby Hedenran Appellant.-Cont’d. Ryhal understood that they had since obtained the permit for the bobcat, but there was no permit to be obtained for the fennec fox.

Commissioner Schinhofen

said his biggest concern here was they knew they had animals that were not legal.

Mr. Kulkin

stated Judge Lane made it quite clear when he said if the animals were not given back they would be put to sleep. He suggested the Board stay out of the mess, give the permit back, and let the other people deal with what they created.

Commissioner Cox

made a motion to reinstate the permit as of today for this property and for Mr. Abby Hedengran and his significant other to have a permit and keep these animals on this particular piece of property for as long as they qualified and had permits; seconded by Commissioner Borasky.

Commissioner Cox

discussed her and her husband’s visit to the property. In her opinion everything looked fine. The animals were healthy and strong, had water and food, and were obviously not neglected or being treated cruelly. If there was a question about past permits they should have been given written notice first with 30 days to apply for the proper permits or to find a suitable home for the animals that could not be permitted. Commissioner Cox also read about the fox and could not find anything that said they could not have the fox in the state and no NRS or wildlife statute of some kind had been presented here. This was a great example of overkill as far as she was concerned. She had heard of this happening before and said it needed to stop. She also questioned why the game warden was not testifying today if he felt it was such a crucial issue. Commissioner Cox asked that everyone vote and support them having these animals back as basically it would fall on the County to spend a lot of money pursuing removing them and she did not think the County had proven its case.

Commissioner Koenig

asked if Commissioner Cox would consider amending her motion to include them getting a conditional use permit. Theoretically they were grandfathered, but it was believed they expanded that grandfathered use and would therefore be required to get a conditional use permit.

Commissioner Cox

did not know at this time if it was a zoning item as the question here was basically just permits for the animals. This was a Nye County animal control ordinance under Section 6 and if they were grandfatheted she did not believe legally the Board could take that away from them.

Commissioner Koenig

pointed out if someone was grandfathered and expanded the use they were no longer grandfathered. If this was approved then there would be a different March 7, 2017 6. 10:00 For Possible Action Discussion and deliberation on an appeal of the - — Nye County Sheriff’s Office revocation of permit FC 40-15 to allow the possession of special conditions animals located at 5561 Blackrock Ave., Pahrump, NV. Abby Hedeng ran AppeHant.-Cont’d. discussion later on about whether they need a conditional use permit. He would rather do it now and get it over with.

Commissioner Cox

amended her motion to include a conditional use permit if legally required by zoning; Commissioner Borasky amended his second; 4 yeas.

Commissioner Schinhofen

voted no. PLANNING!BUILDING

Commissioner Schinhofen

advised they were asking for a waiver for 100 days. They did not have plants, but they would have no more than twelve when they did.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. PUBLIC PETITIONER

Commissioner Wichman

reminded everyone that if Nye County de-obligated the funds for this it was returned to the State. She .wanted to know if the proponents for this from Amargosa were fully ready to continue the service so there was no interruption. Lorina Dellinger advised it was the recommendation to not de-obligate at this time and wait until the next grant cycle.

Commissioner Wichman

made a motion to not accept this and wait until the next grant cycle; seconded by Commissioner Koenig; 5 yeas. March 7, 2017 TIMED ITEMS-Cont’d. 7. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: 1) - — Adopt, amend and adopt or relect Nye County Bill No. 2017-04: A Bill proposing to amend Nye County Code Title 15 by adding Chapter 15.25, Establishing Provisions for Street Naming and Property Numbering within Nye County; excluding the boundaries of Amargosa, Beafty, Duckwater Indian Reservation, Gabbs, Hadley, Manhattan, Pahrump Regional Planning District and Tonopah; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Wichman

made a motion to adopt with an effective date of March 27, 2017; seconded by Commissioner Koenig.

Commissioner Wichman

amended her motion to add language under 15.25.040, Fees, stating there were no fees for a request to change or correct addresses for one year after notification to the owners; Commissioner Koenig amended his second.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Wichman

recused herself and left the room.

Commissioner Wichman

was not present A video of Commissioner Cox’s appearance before the Senate Government Affairs Committee at the hearing on February 24, 2017, regarding SB2I was played. Senator Pete Goicoechea explained the Nye County Board of County Commissioners had recently voted to continue with the bill, which would repeal page 3396 of Chapter 542, an act put in place in 2007, and abolish the Nye County Water District. He then introduced Commissioner Cox and Kenny Bent. Jennifer Ruedy, Committee Policy Analyst, advised she received an e-mail from

Commissioner Borasky

that he planned to attend the meeting in Las Vegas but due to unforeseen circumstances he would be unable to testify and he wanted Ms. Ruedy to let everyone know during the hearing. March 7, 2017 18. For Possible Action Discussion and deliberation to: I) Ratify certain commitments made by Commissioner Cox during the Senate Government Affairs hearing on February 24, 2017, in Carson City regarding S.B. 21 Abolishes the Nye County Water District; and 2) Identify, quantify, and approve the fiscal impacts created as a result of those commitments.-Reopened-Cont’d. Comm issioner Cox stated the act had become obsolete as it was put in place to import water and that was no longer going to be done. She asked for clarification of the statement on page 2 which stated any actions taken by the Nye County Water Distric t or any member of the governing board of the district or any members of the staff or professional advisors of the district remained in effect as if taken by the Board of County Commissioners of Nye County. Senator Goicoechea explained that statement reflected that the Nye County Board of County Commissioners was responsible for any actions of the water board. Heidi Chlarson from the LCB added that language starting at line 13 would become the law. She was not sure what the concern was and offered to speak with Commissione r Cox after the meeting.

Commissioner Cox

explained the concern was if the Board of County Commissioners wanted to change something then they would need to make an amendment at this time. She said the Commissioners did not even know exactly what all the water board had done so they may have to eliminate or change it. This said it would remain in effect as if taken by the Board of County Commissioners and Commissioner Cox did not want to be limited with what could be done with the information when it came forward. She suggested either removing members of staff and any professional advisors or putting at line 15 “staff or any professional advisors of the district may remain in effect” so the Commissioners could make those changes.

Ms. Chlarson

did not believe that language was meant to tie the hands of the Board of County Commissioners going forward. It was just meant to ease the transition from the time the governing board would be dissolved to when the Board of County Commissioners took action. Senator Julia Ratti assumed any contracts in place that were not time limited would remain in place and be contractually obligated.

Ms. Chlarson

said that was correct.

Commissioner Cox

said she would be more comfortable if it was stated null and void and they would have to come back to the Board.

Ms. Chtarson

advised there were issues with the constitutionality of that. March 7, 2017 18. For Possible Action Discussion and deliberation to: I) Ratify certain commitments made by Commissioner Cox during the Senate Government Affairs hearing on February 24, 2017, in Carson City regarding S.B. 21 Abolishes the Nye County Water District; and 2) Identify, quantify, and approve the fiscal impacts created as a result of those commitments.-Reopened-Cont’d. Senator Ratti noted there would still be duties to be performed and asked what the County Commission’s approach would be to make sure the water planning duties continued forward.

Commissioner Cox

explained that the Planning Department oversaw a lot of issues that were very close to this and the Board could just have them review and maybe take over certain duties. Other than that Commissioner Cox stated there were not a lot of water issues as Pahrump was still small and growing. There were monies available to continue on to do some of those things and there was also a plan to put together a citizens’ advisory board consisting of a lot of well educated people who agreed to volunteer their time. Senator David Parks said the only way he could see to rectify what was currently in place was that it fell upon the Board of County Commissioners to handle.

Commissioner Cox

stated the majority of the Board was willing to assume that responsibility. She then discussed the powers of the water board and how their budget continued to grow. She did not think the original bill back in 2007 should have been done and thought it needed to be done away with now. She closed her comments by stating Nye was one of the counties that belonged to the Central Nevada Water Authority and it was less expensive to belong to them than to promote a water district. Additionally, with the way the board was sitting now money was being drawn from northern Nye residents who were not getting anything for their money as it was going to southern Nye residents only. Senator Ratti noted there were a couple of interesting points made about transition. She pointed out this act became effective upon passage and approval, so it became Nye County’s responsibility the day the Governor signed it. She asked Commissioner Cox for the record if that was really what was wanted.

Commissioner Cox

said yes as the Commissioners had their own commission staff that would review and take care of it along with the County Commissioners as far as contracts, etc., go. The video ended with Senator Goicoechea stating his belief that SB2I as written was what was approved by the Board of County Commissioners.

Commissioner Schinhofen

explained he asked to have this on the agenda because of the statements made for the Board to talk about whether it would or would not do what was committed and obligated. He added for the general public that this was not about March 7, 2017 18. For Possible Action Discussion and deliberation to: 1) Ratify certain commitments made by Commissioner Cox during the Senate Government Affairs hearing on February 24, 2017, in Carson City regarding SB. 21 Abolishes — the Nye County Water District; and 2) Identify, quantify, and approve the fiscal impacts created as a result of those commitments.-Reopened-Cont’d . trying to save S621. This was about those comments and how the County would be able to afford or what to do moving forward on some of those comments.

Commissioner Schinhofen

said he would like to address the comments about the Planning Department doing this and how the Board had talked about doing an adviso ry board. Darrell Lacy, Planning Director, stated the Planning Department was already overloaded. He advised he had discussions with Pam Webster and Savannah Rucke r about additional personnel for the next budget cycle, so if the Board wanted to give them additional requirements they needed to find additional funding as the department could not take on that additional responsibility at this time. He noted that one of the reasons he retired as general manager last was year because of the time commitments of the Planning Department and other County responsibilities he had.

Commissioner Schinhofen

asked if Mr. Lacy had the expertise to handle these issues.

Mr. Lacy

said he was general manager of the water district for eight years and was pretty passionate about water issues. He thought water issues was one of the most important things the Commissioners as elected officials had to deal with and they needed to find some way of dealing with those moving forward.

Commissioner Schinhofen

then asked who the “we” was in the statement made about doing an advisory board.

Commissioner Cox

stated she was referring to “us” as citizens, not “us” as County Commissioners, but she believed she referenced during the first consideration of the bill that advisory boards could be done. During this session it was agreed the Commissioners could do all the advisory boards they wanted to.

Commissioner Cox

then stated she felt words were being put in her mouth . When she referred to planning and zoning she was referring to issues on an individual basis as far as permits. Yes, Mr. Lacy was an expert and could express his opinions if the Commissioners had to address a water issue, but Commissioner Cox suspec ted most of the issues would be addressed by the CNRWA.

Commissioner Schinhofen

said they recognized Commissioner Cox as speaki ng for the Board when she said “we” and assumed she meant the Commissioners. Also, CNRWA did not do the in-depth things the water district did. Commissioner Schinh ofen asked the other Commissioners if there was an appetite to set an advisory board. March 7, 2017 18. For Possible Action Discussion and deliberation to: 1) Ratify certain commitments made by Commissioner Cox during the Senate Government Affairs hearing on February 24, 2017, in Carson City regarding S.B. 21 Abolishes the Nye County Water District; and 2) Identify, quantify, and approve the fiscal impacts created as a result of those commitments.-Reopened-Cont’d.

Commissioner Koenig

responded he had not had that appetite for a while and if the County did not have a lot of water issues he wondered why an advisory board would be needed.

Commissioner Cox

said she was only answering a question about options, not making a commitment.

Commissioner Borasky

cautioned Commissioner Cox that when she testified in the future she should let them know it was her testimony only and she was not speaking for the Board. That would eliminate any possibility of miscommunication. Secondly,

Commissioner Borasky

said he had originally asked they approve SB21 as written when this was brought up and then the Board turned around and wanted to let it die on its own. He pointed out the language Commissioner Cox questioned was in there to begin with. He also stated he had no appetite for an advisory board and if the Commissioners did not have time to do it themselves then they did not belong sifting in these seats.

Commissioner Ccx

repeated she was simply asked a question and made a comment. There never had to be an advisory board as she was not fond of advisory boards either, but if the people wanted to have one then so be it. She said there was no reason to ratify anything. It was a discussion only, no commitments were made, and she thought it was very simple. She compared the situation to what happened with the town board and the period of transition that occurred after it was declared null and void. All the Board would do was transition to do away with the act as it now stood which would do away with the district. Other than that there were no commitments made. All of the contracts would either be finished by the time this went through and what was left of the other ones could be done away with by either the Board or the people who had the contracts, some of which would only take a 30 day notice.

Commissioner Schinhofen

said he heard commitments and that was why he was asking and why he put it in the back-up.

Commissioner Cox

reiterated they were not commitments, simply comments. Angela Bello pointed out the item on the agenda was potentially to approve the fiscal impact created as a result of Commissioner Cox’s commitment. Ms. Bello did not believe Commissioner Cox made any legal commitment as she could not bind this Board because she had no authority to. Ms. Bello thought it was recognized by Senator Goicoechea that what was approved by this Board was what was written in the BDR. She said the Board taking action on this item implied that it was a commitment and now March 7, 2017 1$. For Possible Action Discussion and deliberation to: 1) Ratify certain commitments made by Commissioner Cox during the Senate Government Affairs hearing on February 24, 2017, in Carson City regarding S.B. 21 Abolishes the Nye County Water District; and 2) Identify, quantify, and approve the fiscal impacts created as a result of those commitments.-Reopened-Cont’d. it was deciding whether it would approve or disapprove. Ms. Bello cautioned the Board about acknowledging this as a commitment at all by taking action on this item.

Commissioner Schinhofen

said a Commissioner could not speak for the Board on an item the Board did not speak on. He heard a lot of “we will” and “we can,” which was the only reason he brought this forward. He stated he would entertain a motion from the Board if they wanted to abandon this or if there was something else they wanted to do.

Commissioner Koenig

stated he heard the same thing Commissioner Schinhofen heard sort of, but his biggest problem with the testimony was when he read the BDR and voted on it he fully understood it said the Board of County Commissioners would assume responsibility for the open contracts if the BDR was approved. He did not understand testimony asking if an amendment needed to be made at that time because the Board did not vote on it. Commissioner Koenig had a problem with things like that being said and was very uncomfortable listening to the testimony.

Commissioner Koenig

made a motion to take no action on this agenda item; seconded by Commissioner Cox.

Commissioner Koenig

commented that SB2I was on its way to the Legislature and nothing the Commissioners did today was trying to stop that. The Commissioners’ votes all remained the same and the Board was asking the Legislature to make the water district go away. John Bosta said he listened to the video and thought it was totally unnecessary to truncate something to make it look like what was said was correct. Commissioner Cox never said “we will.” She said staff may remain in effect. Later on she was asked a question and she said “we have already had the planning department and staff working on the groundwater management plan on the remaining issues and possibly could take on extra responsibilities.” She did not say would. At the end she was asked if this was what was wanted and she responded yes. Mr. Bosta thought when they said “you” they were talking to Commissioner Cox personally, not to the Commission. He also felt that bringing this action forward was an attempt to revive issues about SB2I and was making frivolous comments about what Commissioner Cox said. Mr. Bosta submitted his written statement for the record [attached]. Dave Caudle said Mr. Lacy’s statement that they did not have the staff to do anything with the water did not hold water as right now they were doing stuff on the management plan. He noted that every one of the contracts had a termination clause, either 30 or 15 days. He thought Commissioner Cox asked for clarification on some items, which was March 7, 2017 18. For Possible Action Discussion and deliberation to: 1) Ratify certain commitments made by Commissioner Cox during the Senate Government Affairs hearing on February 24, 2017, in Carson City regarding S.B. 21 Abolishes the Nye County Water District; and 2) Identify, quantify, and approve the fiscal impacts created as a result of those commitments.-Reopened-Cont’d. perfectly appropriate, and that she deserved thanks from the Board and the citizens for her steadfast commitment to the well being of the community and getting rid of this onerous board. Horace Carlyle noted the sad thing was the Board was willing to do harm for personal opinion when there were 11,000 domestic wells, 500 of which would go dry in his opinion. Mr. Carlyle intended to support the belief that Commissioner Cox made implied statements accepted by the legislators as fact for Nye County. He was also willing to pay $20.00 to support Pahrump, but they did not deserve it. Ammie Nelson said her personal impression was Commissioner Cox was speaking for the people in her district. Ms. Nelson thought this agenda item was a ridiculous idea to indicate Commissioner Cox did anything less or more. As far as the planning commission, Ms. Nelson pointed out Mr. Lacy attended those meetings so if he is going to be that involved she did not see why he could not just keep doing what he was doing.

Commissioner Schinhofen

clarified the Planning Department was only working on one part of the water plan that was sent to them. Dwight Lilly said when he read the back-up material on this Commissioner Cox committed County staff and the Board of County Commissioners to several tasks that would result in a fiscal impact to Nye County if passed, but when he watched the video he did not see anything in what she said, her voice inflection or body language that committed Nye County to anything. He agreed with Commissioner Borasky’s comment today that if someone sitting up there as a County Commissioner did not feel qualified to address water issues in the County then they probably should not be sitting up there at all.

Commissioner Schinhofen

explained he brought this forward because Commissioner Cox said she represented Nye County and when someone did that in front of these hearings they thought that person represented the Board.

Commissioner Cox

said she never made the 1, 2, and 3 statements shown on the agenda item.

Commissioner Schinhofen

said that would have to be determined.

Mr. Carlyle

said based on the voting power in Pahrump he had learned that Tonopah had the power to request its own RPC. He then commented he had listened to the water board past and present being vilified for due diligence and was personally glad this water board was going away as he was tired of listening to it. Mr. Carlyle thanked Commissioners Wichman and Schinhofen, all past and current water board members, and Darrell Lacy, who all took the criticism and stress. He added that Commissioner Wichman risked her political career to represent all of Nye County. John Bosta asked the Commissioners to look at the table using their information. If all of the contracts were paid there would be $274,206.00 left in the fund that could help pay for future needs for water studies. Dave Caudle reminded Commissioner Schinhofen that anytime anybody appealed to the Board an action taken by another board it cost that individual $300.00. After about four, five or ten times coming back to the Board people’s pockets would be depleted.

Mr. Caudle

thought $300.00 was a lot of money. Wade Hinden thanked the Commissioners for their decision.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of , 2017. Ch Nye County Clerk / eputy Please make the following comments and attachments part of the record of this meeting for March 7, 2017 Agenda Item 18 My name is John F. Bosta. Thank you for allowing me to comment of Agenda Item 18. It is my opinion that Chairman Dan Schinhofen is attempting to revive the approval of SB 21 for the third time for vote by making frivolous accusations about

Commissioner Donna

Cox testimony on February 24, 2017, in Carson City regarding SB 21. If the Nye County Water District is abolished, then the budget for the Groundwater Management Plan will be abolished. When I was a member of the Nye County Water Board, the Water Board refused to take on the task of developing the Groundwater Management Plan. So, the B0CC created the Groundwater Management Advisory Committee to develop a plan using money from the Water District Budget. Donna did not make any of the three comments that Schinhofen is accusing her of making during her testimony 1. The Board of County Commissioners will assume responsibility for all open contracts currently held by the Nye County Water District governing board; 2. Nye County staff will provide administrative coordination and oversight for all open contracts held by the Nye County Water District governing board; and 3. The Nye County Planning and Zoning staff will assume responsibility for all current and future water resource issues currently being handled by the Nye County Water District governing board. Donna’s opening statement was about the BDE to abolish the SB222 Chapter 542 the Nye County Water Act. SB 222 was basically formed to import water into Pahrump, Nevada. Donna simply asks a question about the “gray area” of section 3, subsection 3. “That kind of concerns me.” Senator Pete Goicoechea sifting next to Donna made the statement to Donna, “B0CC Is responsibie.” The Legislative Counsel Bureau Attorney, Heidi Chalarson, “It is from the law in the Bill.” SB 21 Section 3 has 3 subsections. 1. Any ordinance, resolution, rule, regulation or bylaw adopted by the Nye County Water District before the effective date of this act becomes void on that date. 2. Any agreements, debts, duties, obligations and property of the Nye County Water District become agreements, debts, duties, obligations and property of the Board of County Commissioners of Nye County on the effective date of this act. 3. Any action taken by the Nye County Water District or any member of the Governing Board of the District, any member of the staff or any professional advisor of the District remains in effect as if taken by the Board of County Commissioners of Nye County. “I don’t believe the language is meant to tie the hands of the board of county commissioners going forward. I believe it was meant to Just ease the transition from the time when the governing board will be dissolved until the time that the Nye County board of commissioners take action.” Comments by John F. Bosta March 7, 2017 Page 1 Donna, “The BoCC does not know what the Water District has done, the staff may remain in effect” Chalarson, “The B0CC can take action after the bill’s effective date of adoption.” Senator 3ulia Rattl, a member of the Senate Committee expressed her concern about the staff employment and current contracts issued by the Water District. “I would assume that if there are any contracts in place, they would remain in place1 I am not a lawyer, but I believe they would be contractually obligated.” Chalarson said, “that is correct”. Kenny Bent answered Senator Ratti’s question, “The water district has two Contracted employees, the secretary and the general manager, I don’t know the termination dates.” Senator Ratti asked, “What is the B0CC commitment to keep the water planning going forward? There will still be many duties to perform in the realm of water management.” Donna, “We have already had the Planning Department and staff working Management Plan on the remaining issues and could nosslblv take on extrü responsibilities. I have suggested a citizen’s advisory committee to help going forward at no expense to the BoCC.” Senator Ratti, “I assume the contracts will remain in effect and in place after the adoption of this bill” Chalarson, “The BoCC receives the resources and actions of the Water District which remains In place until the BoCC takes action.” Senator Pete Goicoechea commenting to Donna, “This is just legalese and the reason it is there is to ensure that the BoCC will assume any of those agreements, duties, liabilities that are In front of the water district on this effective date. The following day, as long as It is legal for you, to do so, you can terminate any and all contracts, but you have to abide by the terms of the contracts.” Senator Ratti’s final comment, “This act becomes effective upon passage and approval the day the governor signs it. I just want to ask once, with you here on the record, is that really what you want? Donna replied with a firm, “Yes’ Note: Ratti did rj ai. tiWhis what the BoCC wants, but asked Donna what she wants. Comments by John F. Bosta March 7, 2017 Page 2 The following table contains information about the budgeted contracts, the amount spent, the ending balance, percent used, and the Termination of each contract. The two Nye County documents used to develop this table is attached hereto. Water District Expense Status for Contracts as of 1/31/2017 FY17 FY17 Active Water District Contracts Fund 61101 Contract Amount Ending No. Contractor Budget Spent Balence %Used Termination MARYELLEN C 15 days written 61-00005 GIAMPAOLI $15000.00 $13,587.38 $1,412.62 91% notice 30 days written 61-00006 BENESCH, GEORGE N $20,000.00 $0.00 $20,000 0% notice 15 days written 61-00007 WICHMAN, OSCAR $90,000.00 $28,955.63 $61,044.37 37% notice any time written 61-00008 KAEMPFER CROWELL $50,000.00 $28,181.24 $21,818.76 46% notice 15 days written 61-00009 KATHRYN] GILMORE LLC $15,000.00 $1,186.37 $13,813.63 8% notice 30 days written 61-00015 SHAW ENGINEERING $50,000.00 $2,000.00 $48,000.00 4% notice Total Approve Contract $240,000.00 $73,910.62 $166,089.38 31% Total Water District Budget $429,900.00 $165,693.88 $274,201.12 36% Respelsubmted ‘,,?L John Bosta Comments by John F. Bosta March 7 2017 Page 3 Water District Expense Status Report As of 113112017 FY17 WI 7001 Description Budg.t Labor Materials Oth.r End balance % Used 0001 STAFF 0001-0171 QualityAssurance Labor 5,000 829.65 0.00 0.00 4,170.35 17% 0001-0172 Nye County Staff Labor 85,000 36,593.66 0,00 0.00 48,406.34 43% 0001-0210 WaterDistrlctLabor 38,000 24,715.80 0.00 0.00 13,284.20 65% Phase 0001 total: 128,000 62,139.11 0.00 0.00 65,860.89 49% 0002 CONTRACT STAFF 0002-0210 OzWichman 90,000 0.00 0.00 33,177.68 56,822.32 37% 0002-0220 Kathy Gilmore 15,000 0.00 0.00 1,186.37 13,813.63 8% 0002-0230 Legal Services 20,000 0.00 0.00 0.00 20,000.00 0% Phase 0002 total: 125,000 0.00 0.00 34,366.05 90,635.95 27% 0003 NYE COUNTY SUPPORT 0003 Nye County Support 0.00 #DIV/OI Phase 0002 total: 0.00 0.00 0.00 0.00 0.00 #DlViOl 0004 OPERATION 0004-0171 Board Stipend 8,400 0.00 0.00 3,760.00 4,640.00 45% 0004-0180 Calibration 1,000 0.00 0.00 0.00 1,000.00 0% 0004-0220 Office SupplIes/Advertising 5,000 0.00 218.48 1,389.47 3,392.05 32% 0004-0230 Travel 5,000 0.00 0.00 831.94 4,168.06 17% 0004-0240 Training 5,000 0.00 0.00 200.00 4,800.00 4% 0004-0250 Rent/Utilities 11,000 0.00 0.00 5,428.96 5,511.04 49% 0004-3115 Vehide Fuel 0.00 0.00 0.00 209.05 -209.05 #DIVIOI 0004-3157 Vehicle Insurance 0.00 0.00 0.00 0.00 0.00 #DIVIQI 00044305 Membership 8,000 0.00 0.00 7585.00 415.00 95% 0004-4306 Webslte 2,500 0.00 0.00 156.86 2,343.14 6% 0004-5399 Undistributed Budget 0.00 0.00 0.00 0.00 0.00 #DIViOl Phase 0004tot*l: 45,900 0.00 218.48 19,561.28 26,120.24 43% 0005 BASELINE PROGRAMS 0005-0100 Conservation Events 5,000 0.00 0.00 0.00 5,000.00 0% 0005-0101 Conservation Events School/FleIc - 2,000 0.00 0.00 0.00 2,000.00 0% 0005-0110 Water Meters 2,000 0.00 0.00 467.68 1,532.32 23% 0005-0120 Meter Installation 2,000 0.00 0.00 125.00 1,875.00 6% Phase 0005 total: 11,000 0.00 0.00 592.68 10,407.32 5% 0006 INTERIM PROGRAMS 0006-0410 Water Quality Baseline Studies 20,000 0.00 0.00 0.00 20,000.00 0006-0420 USGS Nitrate Sampling Phase 1 0.00 0.00 0.00 0.00 0.00 #DIVIOI 0006-0430 Vehicle Purchase 0.00 0.00 0.00 0.00 0.00 #DPu/0l 0006-0440 Leising GeoscIence 0.00 0.00 0.00 0.00 0.00 #DIVIOI 0006-0450 Kaempfer Crowell 50,000 0.00 0.00 22977.68 27,022.32 46% 0006-0460 Contractor for NC WRP Update 0.00 0.00 0.00 15840.60 -15,840.60 #DlViOl 0006-0600 Contingency 0.00 0.00 0.00 0.00 0.00 #DIV1OI )006-0610 GWMP PERs 50,000 0.00 0.00 0.00 50000 0% Phase 0006 total: 120,000 0.00 0.00 38,818.28 81,181.72 32% GRAND TOTAL: 429,9001 62,139.11 218.43 93,336.29 274,206.121 36% Labor Breakdown: Quality Assurance Labor Sandoval, Celeste 829.65 Nye County Staff Labor Klenke John 32,666.77 Lacy, Darrell 3,926.89 Water DIstrIct Labor Krause, Geraldine 24,399.34 t’h,irn Thonrf,,rh ‘IR AR Total Labor Expenses To-Date 62,139.11 211612017 10:52 AM Y:’Budgets\Water District Financial Reports\FY1T\w17001 exp status FY17 Active Water District Contracts Fund 61101 Contract No. Contractor Amount Owing 61-00005 MARYELLEN C GIAMPAOLI $ I ,412.62 61-00006 BENESCH, GEORGE N $ 20,000.00 61-00007 WICHMAN, OSCAR $ 61,044.37 61-00008 KAEMPFER CROWELL $ 21,818.76 61-00009 KATHRYN] GILMORE LLC $ 13,813.63 61-00015 SHAW ENGINEERING $ 48,000.00 Total Approve Contract $ 166,089.38