May 2, 2017

Commissioner Wichman

pointed out item 29 was to set the date and time and the District Attorney would have another month to review it. She would prefer not to remove that item.

Commissioner Schinhofen

decided to leave item 29 on until a better explanation was given. May 2, 2017

Commissioner Wichman

said on page 2 under item 5 “parce l tax abatements” should read “partial tax abatements.” On page 9 under item 20 during the discussion of the high security prison in White Pine County, the last sente nce stating they were asking the State to pony up and pay for some of the security was not accurate. They were asking the State to pony up and pay for some of the new construction on the courthouse for the sake of security. With those changes, Commissioner Wichman made a motion to approve; seconded by

Commissioner Koenig

; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

addressed the concerns expressed about not having a first public comment period. He asked staff to put a one minute period for announcements for events before Commissioners’/Managers comments. He then pointed out that all meetings except one had finished before noon, but he unde rstood the hardship of having to come back and sit until 4:00 p.m. Therefore, gene ral public comment would be had by 11:45 a.m. if there was going to be a break for lunch, and that was his promise to the community. He reminded everyone that they could still speak on every action item on the agenda and they could speak to the Com missioners via e-mail or phone.

Commissioner Koenig

advised Donuts with the District Attorn ey and Coffee with the Commissioners would be held in Beatty on May 13, 2017.

Commissioner Cox

said she had a lot of people notify her abou t the public comment issue. She would like to have the issue heard and the public to speak on it before a decision was made about moving anything around. She directed staff to put an item on the agenda for the next meeting to put it to a vote of the Board after heating from the people. May 2, 2017 5. Cornmissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Borasky

said he had been talking with a few local residents on the shooting site for years now and they finally found an excellent site. It was under BLM jurisdiction and the County Manager had been asked to contact the Pahrump field office to meet and discuss that as well as to start working with a group that wanted to oversee the site. Commissioner Borasky then mentioned the next meeting of the American Veterans Foundation of Pahrump would be May 11, 2017, at 1:00 p.m. at the Coalition building. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

Commissioner Wichman

asked if Belmont Road would be completed and ready for intense travel by Memorial Day. Mr. Carlo stated that was the goal.

Commissioner Koenig

asked if Mr. Carlo would roll Simkins. Mr. Carlo responded yes, but with a motor grader, not a paver.

Commissioner Cox

asked if there was a plan to address the intersections that were going bad since the last rain. Mr. Carlo advised Wade Christensen had a crew out that was going to do Thousandaire and Money, Elderberry at Unicorn, and Vickie Ann at Thousandaire. He said they were aware of the worst ones and were getting to them as they could.

Commissioner Borasky

mentioned the trees and bushes with thorns growing out into the road right-of-ways and said sooner or later someone was going to get hurt. He understood there was no money to maintain them, but it was an accident waiting to happen and a way to get some more money for that needed to be found. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. Angela Bello was present. May 2, 2017 BROTHEL

Commissioner Schinhofen

made a motion to set the date, time and locatio n for May 10, 2017, at 10:00 a.m., in the chambers in Pahrump; seconded by Commissione r Wichman. Angela Bello advised the civil attorneys in her office would be at a conference in Tahoe that day. A discussion ensued regarding various dates and who would and would not be available.

Commissioner Cox

noted staff recommended May 16, 2017.

Commissioner Wichman

explained that was a regular Board meeting date and there would be a heavy agenda that day.

Commissioner Wichman

made a motion to set the date and time as 8:00 a.m. on Wednesday, May 17, 2017.

Commissioner Schinhofen

withdrew his motion and seconded Commissione r Wichman’s motion; 6 yeas.

Commissioner Schinhofen

assumed the Chair of the Board of County Comm issioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHR UMP

Commissioner Koenig

made a motion to set the date and time as Tuesday, May 16, 2017, at 10:00 a.m., in Pahrump; seconded by Commissioner Wichman; 5 yeas.

Commissioner Koenig

made a motion to terminate the lease agreement with Wecom for tower space on the Pahrump TV tower; seconded by Commissioner Wichm an. May 2, 2017 14. For Possible Action Discussion and deliberation regarding a Notice of Intent to terminate the Lease Agreement with Wecom for tower space on the Pahrum p TV Tower.-Cont’d.

Commissioner Cox

asked why this was being done as there was nothing in the back-up to explain it. Lorina Dellinger stated the tower was not structurally sound for the lessee’s equipm ent that was placed illegally. An alternative had been offered to the lessee.

Commissioner Koenig

made a motion to terminate the lease agreement with WaveDirect Telecommunications; seconded by Commissioner Wichman. Angela Bello advised a notice of breach was needed and they had to be given an opportunity to cure. Lorina Dellinger understood that and explained to Commissioner Cox that the reason for this termination was exactly the same as the other one.

Commissioner Koenig

made a motion to set the date and time as Tuesday, May 16, 2017, at 10:00 a.m.; seconded by Commissioner Borasky; 5 yeas.

Commissioner Wichman

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

Commissioner Koenig

made a motion to set the date and time as Tuesday, May 16, 2017, at 10:00 a.m.; seconded by Commissioner Wichman; 5 yeas.

Commissioner Wichman

asked if Gabbs had approved this. Lorina Dellinger stated they did and it was on their April 8, 2017, agenda. However, she advised staff would like to make Board approval contingent upon the County Manager’s review of the plan. She added that once compliance with NRS was confirmed the expenditures would be monitored by a project to make sure they were all in compliance.

Commissioner Wichman

made a motion to approve contingent upon the County Manager’s review of the plan; seconded by Commissioner Koenig; 5 yeas. MANHATTAN

Commissioner Koenig

made a motion to set the date and time as May 16, 2017, at 10:00 a.m.; seconded by Commissioner Wichman; 5 yeas. May 2, 2017 AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT

Commissioner Koenig

made a motion to set the date and time as May 16, 2017, at 10:00 a.m.; seconded by Commissioner Wichman; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Wichman

made a motion to approve contingent upon the County Manager’s review of the plan; seconded by Commissioner Koenig; 5 yeas. TREASURER

Commissioner Borasky

asked about the items lined out in pink/red and whether there was an issue with the funds or the payment cycle. May 2, 2017 Savannah Rucker explained last month the Commission approved the Public Safety Sales Tax. Journal entries were completed upon that approval moving the cash and bank from fund 25234 to 10234, so in the month of April that cash issue was correct ed. For the grants fund, that fund operated at a deficit as items were expensed and the grants were drawn down. As far as fund 10493, there was an issue with that due to the year-end audit for FY16. Her office was working to correct that and it should be cleared up before the Board saw this report again next month. COUNTY MANAGER

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. May 2, 2017

Commissioner Schinhofen

advised the Clerk said she had a copy and this would give another month to look at it. If review was not done by then it could be put off at that time so the Board was looking to go ahead and set the date, time and location. Angela Bello stated the issue was that it had to be readily available at the Clerk’s Office, so she could not submit changes. If more changes were needed it would have to be done in an open meeting, which was always difficult.

Commissioner Wichman

made a motion to set the date, time and location for the public hearing on Nye County Bill No. 2017-14 for June 6, 2017, at 10:45 am.; seconded by

Commissioner Koenig

. May 2, 2017 29. For Possible Action Discussion and deliberation regarding a request to: 1) Set a Date, Time, and Location for a Public Hearing on Nye County Bill No. 2017- I 4-Cont’d.

Ms. Bello

advised to let the Clerk know that was the document for public inspection and that would be presented to the Board on that date.

Commissioner Borasky

said he agreed with the District Attorney.

Commissioner Wichman

read the title of the bill into the record.

Commissioner Wichman

said one of the issues she had with all of the ordinances was that in order to change how fees were charged the process of amending an ordinance was required. She would like everything related to fees pulled from this ordinance and put into resolution form and then reference in the ordinance the current resolut ion. Commissioners Schinhofen and Koenig agreed.

Commissioner Wichman

made a motion to approve; seconded by Comm issioner Koenig; 5 yeas. Maria Zlotek advised in the motion it had to be stated it was no longer needed and it would be beneficial to surplus the property.

Commissioner Wichman

amended her motion to reflect that; Commissioner Koenig amended his second.

Commissioner Schinhofen

stated the item needed to be reconsidered as the Board voted.

Commissioner Koenig

made a motion to reconsider item 30; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Wichman

made a motion to surplus as it was no longer of use to the public and it would be beneficial.

Ms. Ziotek

said the Board had to determine that the vehicle was no longer requite d for public use and the Board believed it was in the best interest of the County to dispose of it through salvage. May 2, 2017 30. For Possible Action Discussion and deliberation to surplus and dispose of a Nye County vehicle that is no longer in use.-Cont’d.

Commissioner Wichman

made a motion to determine that the vehicle was no longer required for public use and the Board believed it was in the best interest of the County to dispose of it through salvage; seconded by Commissioner Koenig; 5 yeas.

Commissioner Wichman

said the only thing changing here was going to a public purpose patent instead of a direct sale as originally requested. Lorina Dellinger clarified it was going to a direct sale although the item stated patent. She explained the County would be limited to its use with a patent and a direct sale would not tie the County to using it as a shooting range. This was just to update the 2011 resolution for the BLM.

Commissioner Wichman

made a motion to adopt the resolution; seconded by

Commissioner Koenig

; 5 yeas. FINANCE

Commissioner Koenig

made a motion to set the date and time as Tuesday, May 16, 2017, at 10:00 a.m.; seconded by Commissioner Wichman; 5 yeas.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. May 2, 2017 HEALTH & HUMAN SERVICES

Commissioner Wichman

made a motion to approve the amendment; seconded by

Commissioner Koenig

; 5 yeas. HIR AND RISK MANAGEMENT

Commissioner Wichman

made a motion to approve items 35, 36 and 37; seconded by

Commissioner Koenig

asked if the 90 day freeze was being waived.

Commissioner Wichman

amended her motion to include the waiver of the 90 days;

Commissioner Cox

amended her second; 5 yeas.

Commissioner Wichman

made a motion to approve items 35, 36 and 37; seconded by

Commissioner Koenig

asked if the 90 day freeze was being waived.

Commissioner Wichman

amended her motion to include the waiver of the 90 days;

Commissioner Cox

amended her second; 5 yeas. May 2, 2017

Commissioner Wichman

made a motion to approve items 35, 36 and 37; second ed by

Commissioner Koenig

asked if the 90 day freeze was being waived.

Commissioner Wichman

amended her motion to include the waiver of the 90 days;

Commissioner Cox

amended her second; 5 yeas. TIMED ITEMS 6. 10:45 For Possible Action Public Hearing, discussion and deliberation to issue an Outdoor Festival License to the Pahrump Valley Chamber of Commerce for the Fall Festival to be held September 21 24, 2017, at Petrack Park located at 150 Highway 160, Pahrump, Nevada.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Cox.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Schinhofen

stated he announced at the beginning of the meeting that they could speak on every item and he would move general public comment to 11:45 a.m. if there was going to be a break for lunch. 9. 10:45 For Possible Action Discussion and deliberation to accept a Business — — Impact Statement prepared pursuant to NRS 237.090 to address the business impact of Nye County Bill No. 2017-13 pertaining to Prostitution. This item was removed from the agenda. 10. 11:00 For Possible Action Discussion and deliberation to accept a — — Business Impact Statement prepared pursuant to NRS 237.090 to address the business impact of Nye County Bill No. 201 7-12 pertaining to the Licensing of Marijuana and Medical Mariluana Establishments.

Commissioner Wichman

made a motion to accept the business impact statements; seconded by Commissioner Koenig.

Commissioner Wichman

asked staff to move the sections referencing fees to resolutions.

Commissioner Wichman

advised Congress passed a funding bill that included $465 million for PILl, a $14 million increase from last year, but they still had not included the SRS funding. She asked anyone with the desire to write a letter telling them how important that money was to keep the potholes fixed to please do so. May 2, 2017 5. Commissjoners’IManaqer’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)-Reopened-Cont’d.

Commissioner Schinhofen

clarified his intention that if the meeting was going to go longer than 12:00 p.m., public comment would be at 11:45 a.m.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of , 2017. d1iair Nye tDounèy Clerk I Deputy N 4.19.2017 To: Dan Weeks Topic: Public Comment Changes For BoCC meetings Dear Mr. Weeks, f.c Dan Schinhofen has decided as chair, with protests from another commissioner, omittecpublic comment from BoCC meetings. This is a hardship for many voters who have to take time off work or allow time to participate on topics that concern them. Our commissioners were voted into that position to “represent” the district they are in and if their voice is restricted by Dan Schinhofens restriction. I see this as an attempt to stop public participation in government decisions. Dan Shinhofen has made it clear in several meetings, he was voted into that position “to do government work”. He has not said he was voted into that position to represent the citizens in his district. And this is onlyone example of his tyranny. The 3 minutes a citizen has for public comment after each Agenda item will not take less time if it’s at the beginning. The only difference is how many will be able to stay for comment. The agenda items are usually taken out of order and one never knows when am item will be heard. So making plans to attend for comment is not possible. This may be legal but it certainly is not morally correct in my opinion. It is the action of a dictator who thinks he knows what’s best for his constituents. The very people he will restrict are in the position to replace him in the next election. I personally will not patronize a business that supports him. We need changes in this county and this is the behavior of a law maker that forgets what his constituents expected of him. He voted for raising taxes, in favor of a wasteful water governing board, is against efforts to get rid of a water district and more. He is not for the people and this latest action proves he cared less about what the people have to say in my opinion. Sincerely Ammie Nelson > URGENT A’ —‘ > Hello Neighbors and Fellow Patriots F 9 > > Folks please email the mirror email addy to write letter about adding back the 1st opening public comment period that was taken away, please call me to discuss the points that need to be added in! Thanks, Herman 775.727.7460 > > Please write a letter via email to Dann Weeks (editor) & Robin Hebrock > > (her email) “mirror.rhebrock@cimail.com” <mirror.rhebrockcjmail.com> > > Dann Weeks email> pahrumpmirrorcgmail.com Ammie Nelson <nrgrus@vahoo.com> mbo4terristu’cmuLcorr Message body I am interested in your technique and looking forward to reading what you have to say. I’ll be watching for it. Schinhoefen might mention what “lies” anybody has said about them. He could learn about personal slander compared to professional criticism.:) Subtle Energy Alternatives www.nrgrus.com On Wed, Apr 19, 2017 at 4:25 PM, Herman Lewis <lambo4ferraris@gmail.com> wrote: Hi Ammie and Nye County Patriots, Thanks so much for getting involved in this very important cause. When I mention your name along with Dwight’s, Kenny’s, Bosta etc... and all your prior public action & comments questioning them they get upset... they call our group a bunch of LIARS! It’s laughable! Because, you/we have been like a bright torch “flashlight” in the middle of the night in the kitchen... Alt. THE POLITICIAN COCKROACHES RUN FOR COVER! *smiles* THE LIGHT IS THE TRUTH! GREAT NEWS Donna Cox really wants the pubic comment back and she’ll be writing a GREAT LETTER ... VERY SOON TOO! Anyway, the slippery “BoCC staff and 2 of the commissioners get really “upset and stuttery/nervous” because you represent an extremely knowledgeable person who knows their slick style of say the ES OPPOSITE OF THE TRUTH almost every damn time on almost every single matter Of course we know perfectly well how to translate and interpret their LIES. you’d think they’d know by now we’re on to them Do you remember what I told Oscarson & the State Senators at the last WATER MEETING at the BoCC ??? It was hilarious! Some of the Nye Co Staff Are DOWNRIGHT SHAMELESS they play “woodcraft games’ and they know ... we/you are really ready to “OUT THEM” and their NONSENSE I think the letters to Dann Weeks will ... result in a very interesting article (NOT an Op/Ed) showing hard numbers, the statistics of a large fall off of public participation at the BoCC Meetings and isnt that what 2 of the commissioners really wanted? ... HELL YES IT IS! Regarding your question about me writing a letter: HELL YES I AM! I’ve been forwarding all the comments and letters to the MIRROR (with my comments added as Dann and Robin asked me to do this) and they know MY LETTER will be a culmination and conclusion type of letter “wrapping it all together” citing each authors comments and high points... So, the answer is YES, I’ve got a letter still in DRAFT format that I’m adding to and amending each time I see the new letter coming in... This is a style/technique I feel will be far more powerful than just an off the cuff letter beyond the 1St letter I wrote the Mirror getting this cause off the ground... Dann & Robin have been in touch with me and I call them every few days... BTW I was at the commissioners meeting yesterday and had some very interesting results w/Shchinoften I’d appreciate ... it if you’d ring me at 775.727.7460 so I can share the conversation with you as I was a little surprised to find he was not 100% resisting bring back the opening PUBLIC COMMENT the we spoke in semi private right after the B0CC meeting... also, as soon as the meeting ended he immediately told me to meet him out side so we could discuss the matter... at first he was pretty upset but by the end of the conversation I’d convinced him to think about making some important concessions and bring back the opening public comment... also, you may want to watch the video if it’s up on Laviticus/Granicus Nye County VIDEO of 4/1 8/1 7? Bestf Herm On Apr 19, 2017, at 2:52 PM, Ammie Nelson <nrgrus@yahoo.com> wrote: Herman Did you send in a letter? Ammie Subtle Energy Alternatives www.nrgrus.com On Mon, Apr 17, 2017 at 2:26 PM, Herman Lewis <Iambo4ferraris@QmaiLcom> wrote: this is important, please consider sending a short email to the Mirror to help get back our opening comment period during the 80CC > May 10, 2017 Pursuant to NRS a joint teleconference meeting of the Nye County Board of Commissioners, Nye County Board of Highway Commissioners, Nye County Licensing and Liquor Board, as the Governing Body of the Unincorporated Town of Pahrump, as the Governing Body of the Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, and Railroad Valley, and as the Board of Trustees for the Pahrump Pool District, was held at 10:30 a.m. in the Commissioners’ Chambers, 101 Radar Road, Tonopah, Nevada 89049. Dan Schinhofen, Chair John Koenig, Vice Chair Lorinda Wichman, Commissioner Butch Borasky, Commissioner Donna Ccx, Commissioner Sandra L. Merlino, Ex-Officio Clerk of the Board Angela Bello, District Attorney Sharon Wehrly, Sheriff Pam Webster, County Manager Also present: Kelly Sidman, Deputy Clerk Not Present: Butch Borasky, Commissioner

Commissioner Wichman

and Angela Bello were present via telephone. 1. Pledge of Allegiance

Commissioner Koenig

made a motion to issue Medical Marijuana Establishment License (cultivation) for Nye Farm Tech conditioned on them submitting a water impact plan and financial information on the new owners that was sent to the State; seconded by Commissioner Cox; 4 yeas. 3. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (second). Herman Lewis thanked the Commissioners for the compromise on the general public comment period, but he believed the opening public comment should be at the beginning of the meeting. John Bosta reviewed NRS 241.020, meeting to be open and public. In subsection 3 it stated comments by the general public must be taken (1) at the beginning and the end of the meeting, which Mr. Bosta noted was a conjunctive statement meaning both must be satisfied. If that was not the case, then the public was allowed to speak on every agenda item. He did not know what kind of compromise was made, but stated if public comment was not returned to the beginning and the end of the meeting, or if the public was not allowed to speak on each agenda item, he would file an Open Meeting Law violation. M.L. Robinson, a professor at the University of Nevada, introduced himself and said he was assigned ten months ago to oversee the Cooperative Extension office in Pahrump. He was there every second Tuesday and Wednesday of the month, and as needed.

Mr. Robinson

said he would be happy to meet with the Commissioners and invited everyone to the Art in the Garden event on May 21, 2017, from 2:00 p.m. to 5:00 p.m. Kenny Bent thought reinstating the first public comment period would re-establish goodwill in the community. He understood wanting to expedite the meetings, but said this was a public body and the Commission was here to facilitate the public’s business. Annefte Fuentes also thought there should be an opening public comment period as sometimes people could not make it for the whole meeting. She then thanked the Board of County Commissioners on behalf of herself and her husband for all the work to help them with their church camp. Dwight Lilly spoke on the public comment issue. He noted that during the Commission meetings he attended the crowd diminished toward the end of the meeting. Mr. Lilly understood some type of compromise has been reached to have public comment right before lunch, but he believed the tradition should be upheld and the public comment should be moved back to the beginning of the meeting. May 10, 2017 4. ADJOURN

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of 1fl-€.. ,2017. Cr Nye 1our4y C’erk I Deputy