June 6, 2017

Sheriff Wehrly

was not present at this time.

Commissioner Schinhofen

explained he would open the public hearing for the solid waste ordinance and it would be continued.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. June 6,2017 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

explained this item was just for announcements for things like the District Attorney’s barbeque this weekend at Ian Deutch Park. There were none.

Commissioner Schinhofen

stated when he changed the line up of the agenda he had said after some of the public got upset that when Commissioner Koenig felt it needed to go back it would. Now that a media outlet had picked up the issue it had become more of a distraction than it was worth so the general public comment would return at the beginning and end of the meeting along with public comment on every action item. He asked staff to revert at the next meeting. He then thanked the Sheriff, Public Works and everyone else who helped to make it safe at Camp Liberty at the federal detention facility. He asked the Sheriff and staff to let him know how much that cost the County.

Commissioner Borasky

asked Pam Webster to place an item on the next meeting agenda regarding the work card increase that the prostitutes agreed tä some time ago. It had been going into a fund that people were concerned about and he would like it put into its own fund not to revert back to the general fund.

Commissioner Koenig

asked staff for a future agenda item fairly soon to have the Board discuss what its direction to the water board should be. He believed some of the problems in the past were because they had not been given any direction. Secondly, he directed staff to bring back an agenda item to divide the judicial district back into the two districts that existed prior to the merge of Beaffy and Pahrump and appoint someone to the position of justice of the peace in Pahrump. TIMED ITEMS

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. June 6,2017 7. 10:00 For Possible Action Discussion and deliberation regarding Nye — — County Proclamation No. P2017-05: A Proclamation Recognizing June 6. 2017 as Tanner Otteson Day in Nye County.-Cont’d. Public Information Officer Arnold Knightly read the proclamation into the record and presented Tanner Otteson with a plaque. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

Commissioner Cox

said the small road between the Eye and Dandelion was extremely rough and needed some overlay.

Commissioner Koenig

asked about the Amargosa Farm Road bid, which Mr. Carlo advised would be submitted any day now and an update would be provided on that tomorrow as it was an RTC project.

Commissioner Wichman

asked when Mr. Carlo anticipated needing the Rattlesnake pit for the Belmont Road work.

Mr. Carlo

said in August or September and then they would go through the winter into the spring.

Commissioner Borasky

described a huge dust cloud he saw on Highway 160 this morning where they were sweeping the road. He asked Mr. Carlo to notify the State and have their contractor understand Pahrump had a dust ordinance and that was a blatant violation of it. He then thanked whoever put the American flag on Mile Marker 22 in Nye County.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. June 6,2017 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATIY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS-Cont’d. 8. 10:15 For Possible Action Presentation, discussion and deliberation by — — Nevada Department of Transportation to: 1) provide direction for county concerns discussed in the fall workshop; and 2) accept the Nye County 2017 Work Program. Sondra Rosenberg, NDOT’s assistant director of planning, and Lee Bonnet were present along with several other staff members.

Ms. Rosenberg

said over the last two years they had gathered data from all rural counties and have seen consistent issues, including passing lanes, wildlife, intersections and shoulder widening. What had been coming to light the last couple of years was wildlife/vehicle collisions, so NDOI was working on a statewide study right now to prioritize those corridors. Statewide over the last ten years there had been 5,100 recorded wildlife/vehicle collisions with 13 fatalities, and the cost to Nevada taxpayers was approximately $18.5 million due to those collisions.

Commissioner Schinhofen

asked for a copy of their wildlife report when done.

Ms. Rosenberg

advised NDOT was updating the statewide long-range plan called the One Nevada Plan and was trying to create a one-stop shop. They would have their documented plan, but they were also looking at improving their processes and transparency so people knew where to go to find information.

Ms. Rosenberg

gave an update on some of the completed ongoing projects in the County including SRI 60, Rainbow Avenue to Calvada Boulevard, Johnnies Curve, the roundabouts, SR376 chip seal, and US6 chip seal. The top County concerns included intersection improvement on SRI 60 at Oxbow and Wilson and a dedicated right turn late on SRI 60 southbound to SR372. Ms. Rosenberg said they would like direction on June 6, 2017 8. 10:15 For Possible Action Presentation, discussion and deliberation by — — Nevada Department of Transportation to: I) provide direction for county concerns discussed in the fall workshop; and 2) accept the Nye County 2017 Work Program.-Cont’d. this list today as to whether those were still priorities or if there was anything that should be added with focus on the top two priorities.

Commissioner Cox

said the only issue she ever had was the shoulders going from Basin to US95 on SRI 60 and apparently it was finally starting to come to light so she was happy about that.

Commissioner Wichman

echoed Commissioner Cox.

Commissioner Borasky

was also satisfied with the selection made. He gave kudos to NDOT for the work they did from the bottom of Spring Mountain to SRI 59. He referred to his previous comment about the dust, and then mentioned that the painted lines from Johnnies Curve to the cattle guard on SRI 60 should be looked at as they were a distraction because of the way they were drawn.

Commissioner Schinhofen

said those lines were temporary and would be corrected.

Commissioner Koenig

thanked NDOT for working on SRI 60 and said he was not going to comment on the shoulders until he saw what was being done. Regarding re-striping of places that used to be no passing zones on major intersections which were now passing zones, Commissioner Koenig thought that was pretty dangerous and said he would be happy if those were re-striped with solid lines.

Ms. Rosenberg

reviewed the projects planned in Nye County for FY2OI8 including shoulder widening/slope flattening on US95, chip seal on SRI 60, chip seal on SR36I in Gabbs, and flush seal on US95 in Amargosa Valley and Beatty as well as on SR373 in Beatty. She said NDOT was looking for a motion from the Board to accept the 2018 annual work program.

Commissioner Wich

man made a motion to approve; seconded by Commissioner Koenig; 5 yeas. 9. 1 0:30 Presentation by Tiffany Lantow, Soils Activity Lead for the U.S. Department of Energy (DOE) Office of Environmental Management (EM) Nevada Program regarding the shipments of low-level waste that will be transported this summer from the Tonopah Test Range to the Nevada National Security Site. Robert Boehlecke from the DOE Nevada Environmental Program and Mark Burmeister from Navarro were present. June 6, 2017 9. 1 0:30 Presentation by Tiffany Lantow, Soils Activity Lead for the U.S. Department of Energy (DOE) Office of Environmental Management (EM) Nevada Program regarding the shipments of low-level waste that will be transported this summer from the Tonopah Test Range to the Nevada National Security Site. Cont’d.

Mr. Burmeister

discussed the Clean Slate II project and the upcoming work at the Tonopah Test Range. He reviewed the history of the weapons and artillery testing conducted at the Tonopah Test Range. Clean Slate Il performed a conventional explosives detonation of a nuclear device in 1963. tt occurred in a bunker covered with two feet of soil and the tests resulted in the release of radionuclides to the surface and shallow subsurface soils causing approximately 120 acres to be posted as a contamination area. Although some clean-up activities had occurred, contaminants remained in place.

Commissioner Schinhofen

asked if the detection was within safe levels.

Mr. Burmeister

said correct. As far as the Clean Slate II remediation, he said they estimated disturbing approximately three acres of soil to remove 5,000 cubic yards of contaminated soil and debris and dispose of that at the Nevada National Security Site (NNSS) Area 5 radioactive waste management site. Mr. Burmeister explained waste removal, packaging and transport would be conducted in compliance with all industrial and transportation regulations for hazardous materials. Remediation was initially planned for June with shipments beginning in July, but that timeframe had been pushed back a little bit.

Mr. Burmeister

reviewed their emergency response capabilities. He said DOE was committed to ensuring local emergency responders were prepared in the unlikely event of a transportation incident. DOE funded a grant to support emergency preparedness for Nevada counties which had distributed more than $13 million. Between 2014 and 2016 the DOE Transportation Emergency Preparedness Program trained approximately 100 emergency responders living in communities along US95 between Tonopah and Mercury, and the NNSS had agreements in place to support nearby communities with fire and rescue personnel and other resources for all types of emergencies. The Board took a short recess.

Commissioner Cox

was not present. June 6,2017 11. 10:45 For Possible Action Public Hearing, discussion and deliberation to: — — 1) Adopt1_amend_and adopt, or reject Nye County Bill No. 2017-14: A Bill proposing to amend Title 8 of the Nye County Code, titled Health and Safety, Chapter 8.24, Titled Solid Waste Management, by amending 8.24.020 Definitions; amending_8.24.030 Authority of Board Of County Commissioners; amending 8.24.040 Authority To Issue Citations; amending 8.24.050 License Required For Solid Waste Haulers; amending 8.24.060 License Application; amending 8.24.080 Vehicle Inspections; amending 8.24.090 Insurance Requirements; amending 8.24.100 Review Of Records And Operations; amending 8.24.110 Contractors Subject To Rules And Regulations; amending 8.24.120 Unlawful Disposal Of Solid Waste; amending 8.24.140 Burning Of Solid Waste Or Recyclables; amending 8.24.160 Solid Waste Receptacles; amending 8.24.170 Placement Of Solid Waste In Receptacles; Exceptions; amending 8.24.180 Location Of Solid Waste Receptacles; amending 8.24.190 Interfering With Or Removal Of Receptacles; amending 8.24.200 Removal Of Solid Waste From ReceptacIes amending 8.24.210 Deposit Of Solid Waste At Authorized Disposal Sites; amending 8.24.220 Deposit Of Solid Waste At Authorized Disposal Sites; Exceptions; amending 8.24.230 Use Of Unmanned Disposal Sites Restricted; amending 8.24.240 Fees For Disposal Of Solid Waste At Facilities; amending 8.24.250 Waiver Of Use Fees; amending 8.24.280 Authorization; 8.24.290 Franchise Agreement; amending 8.24.310 Rights Of Franchisee: amending 8.24.330 Performance Bond; amending 8.24.350 Private Collection; Purpose; amending 8.24.360 Private Collection; Emergency Declaration; amending 8.24.370 Private Collection; Regulations; amending 8.24440 Application, Monitoring And Load Fees; amending 8.24.450 Bonding; amending 8.24.460 Annual Review And Renewal Of Permit; amending 8.24.470 Review Of Records And Operations; amending 8.24.580 Application, Monitoring And Load Fees; amending 8.24.660 Penalty For Violation; amending 8.24.670 Injunctive Relief; amending 8.24.680 Recyclable Materials; Rights Of Owners; and other matters properly relating thereto; providing for the Severability, Constitutionality and Effective Date thereof; and other matters properly related Thereto; and 2) Set an effective date.

Commissioner Koenig

made a motion to continue the public hearing to the next meeting on June 20, 2017; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened the public hearing.

Commissioner Borasky

made a motion to amend proposed Bill 2017-13 by removing all changes to 9.20.130.C.3 and C.4., 9.20.130.D, all the changes within 9.20.230 and incorporating the additions and deletions set forth in the red lined document entitled “Recommended Amendments to Proposed Bill,” all of which are set forth in the back-up, and approve it in that format.

Commissioner Wichman

asked Commissioner Borasky to identify the sections he was amending, which he said would take too long.

Commissioner Wichman

made a motion to amend proposed Bill 201 7-13 to remove all of its proposed additions and deletions and incorporate the additions and deletions set forth in the redlined document entitled “Recommended Amendments to the Proposed Bill,” both of which are set forth in the back-up as option 2.

Commissioner Schinhofen

understood the motion was deleting the first bill and taking that bill number and adding it to the amended version at the end. Angela Bello explained the motion was to amend the proposed bill entitled 201 7-13 by removing all of its changes and then incorporating into that document everything in option 2.

Commissioner Schinhofen

seconded the motion to amend proposed Bill 2017-13 to remove all of its proposed additions and deletions and incorporate the additions and deletions set forth in the redlined document entitled “Recommended Amendments to the Proposed Bill,” both of which are set forth in the back-up as option 2. Mark Connot, appearing on behalf of Sheri’s Ranch, believed this was a very workable solution. His only concern was with the signage in 9.20.130. He asked that it be clañfied that those that were on the property right now would be permissible and if there were any changes in the future those would have to come before the Board.

Commissioner Wichman

noted the first statement said any of those changes could be reviewed by the County Commission. June 6,2017 10. 10:45 For Possible Action Continued Public Hearing, discussion and — — deliberation to: 1) Adopt1 amend and adopt, or reject Nye County Bill No. 2017-1 3- Cont’d.

Mr. Connot

said he did not want to be in a situation that something currently on the property might not specifically comply with what was in the bill.

Commissioner Wichman

said they existed before the adoption of the amendments, which was all Mr. Connot wanted to clarify. John Bosta asked for clarification of the use of the word fees. It was his understanding that the women of the brothels were donating a fee to the veterans and that fee had to go into a special account and could not be commingled into the general fund for any purpose.

Commissioner Schinhofen

stated it was fund 6500, veterans services and supplies. The increase from the girls was 100% and the money collected had been about $30,000.00 a year. It was under the umbrella of the general fund, but it did have its special place. Dennis Hof, owner of the Alien Cathouse, the Love Ranch, and Dennis Hofs Brothel which was not open yet, expressed his concern with the advertising as he would not be able to advertise his Alien Center or his diner.

Commissioner Schinhofen

pointed out that Daddy D’s Diner was a substantially different name and the intent was to try to keep the advertising out of the face of the public. Mark Richman stated the concern was because of so many amendments and proposals and in the one he thought was being heard today there was a specific clause that said certain decisions would not be subject to judicial review.

Commissioner Schinhofen

said that was not in the draft being considered. Richard Goldstein pointed out that in a sense the fund for the veterans was being put into the general fund.

Commissioner Schinhofen

said it had always been under the umbrella of the general fund in fund 6500.

Mr. Goldstein

felt by pulling it under the umbrella of the general fund there was no guarantee it would be there when the veterans needed it.

Commissioner Koenig

noted it used to read “all registration fees will be deposited into the general fund and distributed to the veterans service fund” and that was not being changed. June 6,2017 10. 1 0:45 For Possible Action Continued Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nve County Bill No. 2017-1 3- Cont’d.

Commissioner Schinhofen

closed the public hearing.

Commissioner Borasky

expressed his disappointment over the number of hours spent by staff, the District Attorney, the Sheriff, himself, and the County Manager on this and it was all going to get thrown out the window. There was a saying in Nye County that when it came to brothels Commissioners looked the other way and he hoped the other Commissioners were satisfied with what they would get if this was approved.

Sheriff Wehrly

said she had mixed feelings on this. She thought there were a couple of things in there that needed to be, like the girls had to be responsible for their own cards instead of the brothel owner. In a way she was kind of disappointed that it did not go through, but the ordinance the way it would be passed made some significant changes and Sheriff Wehrly was happy with those changes.

Ms. Bello

noted a reference was made to advertising within the premises itself and she did not know if the Commissioners wanted to make an amendment to the motion to make an exception for advertising signage within the brothel itself.

Commissioner Schinhofen

made a friendly amendment to section 9.20.130.C.4 ., to add “Notwithstanding the above, advertising within the premises on matchbooks or any kind of print advertising is allowed,” which Commissioner Wichman accepted.

Commissioner Wichman

made a motion to adopt Resolution 2017-64; second ed by

Commissioner Schinhofen

explained a flat fee of $36,000.00 per license per year had been approved instead of it varying based on the number of girls. This would allow up to 25 girls and everyone paid the same because the Sheriff had to inspect them. June 6, 2017 24. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolutjon 201 7-64-Cont’d. John Bosta said he would like the Board to look at a tax versus a fee and he did not believe a resolution was sufficient to enact the fee. The fee was not described for the specific issue it was going to be issued to and for it to be commingled back into the general fund was an improper method. Dave Stevens thought the price was way out of line. Dennis Hof did not think it made sense for him to pay $29,000.00 a year in taxes and his increase to $108,000.00 was unconscionable. This increase would put him out of business, a lot of people would be unemployed, and the working girls may leave the area or work illegally. Mr. Hof felt he was being singled out by his taxes being raised by 550% and said he could not pay it.

Commissioner Schinhofen

stated a two tier system was considered, but the inspection was the inspection no mailer which facility. That was the thing the County had failed on and one of the reasons why the fees had not been raised in forever. Tina Trenner said she ran for the assembly in Nye County because of taxes and she won Nye County. She asked the Board to consider the fact that this business at some point would not be able to keep paying taxes. Lorina Dellinger clarified these were not taxes imposed by the Commissioners. They were license fees.

Commissioner Wichman

added they were also a privilege license fee, not a regular license. Dwight Lilly said this industry was being discriminated against in the County’s effort to go after revenue. He thought that would have a chilling effect on any other industry that was looking to come into Pahrump and he hoped the Commissioners voted no on the increases. Herman Lewis felt the Commissioners were trying to break Mr. Hof’s back and Mr. Lewis would not blame him if he shut down the brothel business.

Commissioner Cox

stated she was not going to support any kind of resolution that would put anybody out of business. She felt the resolution was unjust enrichment if it put even one establishment out of business and she believed it could be considered discrimination.

Commissioner Koenig

asked Sheriff Wehrly what the cost was for one inspection. June 6,2017 24. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution 201 7-64-Cont’d.

Sheriff Wehrly

said it depended on how long they stayed and what they were there for, but generally there were two people involved at about $25.00 per hour for an average of about two and a half hours, and then another four hours for following the report and getting it to the District Attorney’s Office.

Commissioner Koenig

said so this fee would give $9,000.00 for every inspection quarter and it cost the Sheriff $2,000.00.

Sheriff Wehrly

did not think it would cost over $350.00 or $400.00 if there was a penalty to go the District Attorney’s Office. If there was no penalty it would be sent to records for filing. She pointed out that right now they were being charged per girl $350.00 per quarter.

Commissioner Schinhofen

said they were paying nothing per girl right now. They paid the lump sum for up to five girls and they did not pay on every card, which had been the issue.

Commissioner Koenig

wondered if raising the present tiered fees by 20% would cover the Sheriffs cost. He explained he wanted to covet that because he did not believe the County should be subsidizing the brothel with the Sheriffs time.

Sheriff Wehrly

said it would.

Commissioner Wichman

said if Commissioner Koenig would consider a 25% increase she would amend or withdraw her motion because she thought that would also cover the District Attorney’s time.

Commissioner Wichman

amended her motion so that the existing tiers currently were all raised across the board by 25% with the remainder of the resolution staying in place as it was; Commissioner Koenig amended his second. Mark Connot said his concern was that the discussion transformed a little into what it cost the Sheriffs Office to go out and inspect and there needed to be some correlation to the fee increases. It was his opinion that it did not cost any more to go to an operation and inspect compliance if there were five, 15 or 25 girls.

Commissioner Wichman

commented that checking cards for 25 girls would take longer than five girls.

Mr. Connot

pointed out that the bulk of that time was going to the property, returning from the property, and writing the report. To do all of that was $350.00 to $400.00 for five girls and it was his position that it certainly was not much more than that for 25 girls. June 6, 2017 24. For Possible Action Discussion and deliberation to adopt, amend and adopt, or relect Nye County Resolution 201 7-64-Cont’d.

Commissioner Wichman

said her motion would stay. She understood what Mr. Connot was saying, but she believed there was more time involved with more girls.

Mr. Krebs

said they were here to introduce themselves. The high school rodeo would be February 23 through 25, 2018, during the balloon festival and any help the community or the Board could give would be greatly appreciated. Also, Mr. Krebs mentioned they got the cook shack for the 4th of July and they would like the fees waived.

Commissioner Schinhofen

added it would be at Petrack Park and asked when it would open.

Mr. Krebs

thought it would be from 9:00 am. to 8:00 p.m. with sales of burgers, hot dogs, chips, fries, sodas and candy. Also, Mr. Krebs advised that since they started back up they had one of the largest rodeo teams in the State of Nevada.

Commissioner Koenig

made a motion to appoint Bonnie Bates as the Pahrump Tourism Advisory Committee alternate; seconded by Commissioner Cox; 5 yeas. June 6,2017 SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 18. For Possible Action — Approval of Elected Official Collection Report

Commissioner Wichman

made a motion to approve items 18 and 19; seconded by

Commissioner Koenig

; 5 yeas. 19. For Possible Action — Approval of Assessor’s Office Change Requests

Commissioner Wichman

made a motion to approve items 18 and 19; seconded by

Commissioner Koenig

; 5 yeas.

Commissioner Wichman

commented that she was glad the audit was working for the Assessor’s Office, but it seemed refunds were being issued instead of more revenue being collected. Assessor Sheree Stringer said she understood the concern, but right now they were at $660,000.00 found and so far they had collected $49,000.00, which would cover the $50,000.00 fee to Tax Management Associates. She wanted to continue the program as it was very beneficial since that $660,000.00 was unreported or under-reported personal property. The Board was in recess until 1:30 p.m.

Commissioner Borasky

was not present. 10. 10:45 For Possible Action Continued Public Hearing, discussion and — — deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2017-f 3: A Bill proposing to amend Title 9 of the Nye County Code, titled Public Peace. Morals and Welfare, Chapter 9.20, titled Prostitution; providing for the severability, constitutionality and effective date thereof, and other matters properly related thereto; and 2) Set an effective date.-Reconsidered

Commissioner Wichman

made a motion to reconsider; seconded by Commissioner Koenig; 4 yeas.

Commissioner Wichman

made a motion to set the effective date for the earlier motion as June 26, 2017; seconded by Commissioner Koenig; 4 yeas. June 6,2017 FINANCE 30. For Possible Action Discussion and deliberation to accept or reject any or all bids and provide a direction to staff regarding Bid # 2016-07 Nve County Complex Well Upgrade.

Commissioner Koenig

made a motion to reject the bid due to lack of competition and it being out of the estimated project cost range; seconded by Commissioner Wichman; 4 yeas. 31. For Possible Action Discussion and deliberation to: 1) Award Bid 2017-06 Calvada Urgent Care Roof Repair to Sprayfoam’s Roofing Southwest. The amount of the bid is $74,500.00; 2) Execute the contract; and 3) Fund from 10291 Nye County Owned Buildings Fund.

Commissioner Koenig

made a motion to award Bid 2017-06 to Sprayfoam’s Roofing Southwest, execute the contract and fund from 10291, Nye County Owned Buildings Fund; seconded by Commissioner Wichman; 4 yeas. 32. For Possible Action Discussion and deliberation to: 1) Award Bid 201 7-07 Tonopah Hospital Roof Repair to Sprayfoam’s Roofing Southwest. The amount of the bid is $98,287.00; 2) Execute the contract; and 3) Fund from 10291 Nye County Owned Buildings Fund.

Commissioner Wichman

made a motion to award the bid for the Tonopah hospital roof repair to Sprayfoam’s Roofing Southwest, to execute the contract and the funding would come from 10291; seconded by Commissioner Koenig; 4 yeas. COUNTY MANAGER 27. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2017-62: a Resolution providing for the transfer of the county’s 2017 Private Activity Bond Volume Cap to the Nevada Rural Housing Authority and other matters related thereto.

Commissioner Wichman

made a motion to adopt Resolution 2017-62; seconded by

Commissioner Koenig

thought where Pam Webster was listed as the contact in section 4 on page 2 should be the County Manager. Both Commissioners Wichman and Cox agreed.

Commissioner Schinhofen

asked how much was spent in Nye County. June 6, 2017 27. For Possible Action Discussion and deliberation to adopt, amend and adopt, or relect Nye Cou,nty Resolution No. 201 7-62-Cont’d. Bill Brewer, Deputy Director of the Nevada Rural Housing Authority (NRHA), advised that over the course of the last ten years the County transferred just over $1 1 million to NRHA and over that same period NRHA invested about $21 million in the County with over 150 loans.

Commissioner Wichman

noted in NRHA’s upcoming plans was the assisted living facility near the hospital.

Commissioner Schinhofen

asked how much of the bond cap had been spent here.

Mr. Brewer

said it was about $1.5 million.

Commissioner Wichman

explained that about a year and one month ago the County signed a lease with Renown giving them the entire property where the hospital was located to provide services to the citizens in central Nevada. She felt the lease needed June 6, 2017 23. For Possible Action Discussion and deliberation regarding amending a Lease Agreement between Nye County and Renown Health to lease the medical facility owned by Nye County located at 825 S. Main St. in Tonopah, NV, more particularly described as Assessor’s Parcel No. 08-261-44.-Cont’d. to be amended in some fashion to put some type of time restriction on when medical services were brought to the hospital, namely an emergency room. Another option would be to amend the lease to include the clinic only and turn loose the hospital to entertain proposals from other entities. Commissioner Wichman said she needed the Board’s approval to start the negotiation process.

Commissioner Wichman

made a motion to notify Renown the County wanted to begin formal re-negotiation of the lease; seconded by Commissioner Koenig; 4 yeas. TREASURER 25. Treasurer’s Report The report was in the back-up. COUNTY MANAGER-Cont’d. 26. For Possible Action Discussion and deliberation to adopt! amend and adopt, or reject Nye County Resolution No. 201 7-63: A Resolution Amending the Nye County Department of Transportation Random Drug & Alcohol Testing Policy.

Commissioner Wichman

made a motion to adopt Resolution 2017-63; seconded by

Commissioner Schinhofen

referred to the addition of “Covered employee also means any Nye County employee that performs safety sensitive functions not requiring a CDL which requires compliance with Federal Transportation Administration drug and alcohol testing. Non-CDL covered employee drug and alcohol testing will be in a pool separate from the DOT covered testing.” He said he understood this was a Department of Transportation document and the County was just adopting their rules.

Commissioner Wichman

said it looked like it was taken out of federal.

Commissioner Schinhofen

asked if drug testing was in place anyway. Lorina Dellinger explained the purpose for this amendment was the County had a grant with the Department of Transportation for a transportation program with the Senior Nutrition Program. Since the County had mechanics that touched the vehicle they were requiring this to apply to them too and they did not require CDL5 to perform their duties.

Commissioner Schinhofen

stated his understanding that elected officials had to take the training, but there was nothing in the State law that required the appointed boards to. Lorina Dellinger stated NRS mandated the town advisory boards. There was general discussion about when the need for additional training would arise after the initial training upon appointment, such as legislative changes.

Mrs. Dellinger

suggested mandating it every two years after the legislative session.

Commissioner Schinhofen

opened item 29 at this time. 29. For Possible Action Discussion and deliberation regarding possibly amending the mandate that all public body members appointed by the Nye County Board of County Commissioners to participate in the annual Open Meeting Law Training hosted by Nye County each calendar year.

Commissioner Schinhofen

suggested doing it only on even numbered years.

Mrs. Dellinger

said it should be mandated to participate every two years.

Commissioner Schinhofen

suggested people who had not taken the training and wanted to remain on the boards be given the OML and sign for it.

Mrs. Dellinger

advised they did provide them with the OML manual, but they did not require acknowledgment of receipt. That could be incorporated into the policy.

Commissioner Koenig

thought they should have to go every year after the legislature met because that was when changes were made.

Commissioner Schinhofen

explained that was why he suggested every even numbered year.

Commissioner Wichman

made a motion to amend the mandate to include Open Meeting Law training for all new appointees to any board and a refresher on every even numbered year; seconded by Commissioner Koenig. June 6, 2017 29. For Possible Action Discussion and deliberation regarding possibly amendina the mandate that all public body members appointed by the Nye CountY Board of County Commissioners to participate in the annual Open Meetln Law Training hosted by Nye County each calendar year.-Cont’d.

Commissioner Cox

asked for a clarification on a town advisory board versus a town volunteer advisory board. She was not sure what the intent of the law was because it did not specify, but it said member who served in office. She wondered if this only applied to County advisory boards and not the town advisory boards. Angela Bello said at first glance she would say no. It meant the town advisory board under NRS 269 which had towns operating under the incorporated town law with town advisory boards set by statute.

Commissioner Schinhofen

pointed out the Commissioners were doing their own policy which was stricter than that.

Commissioner Cox

said the Board was trying to make it mandatory under this law but this law did not apply.

Commissioner Schinhofen

stated it was being made mandatory because as a Board they thought they should go.

Commissioner Wichman

added that NRS was just back-up information. There was a mandate already established and this was just making it more specific and expanding it to all boards as a County mandate.

Commissioner Cox

stated NRS 269 did not apply to anyone that did not serve in an office. If the Commissioners wanted to make it mandatory then it needed to be done another way.

Commissioner Schinhofen

confirmed with the District Attorney the Commissioners could do this, but she was looking up what Commissioner Cox was talking about, if the non NRS 269 boards were subject to the CML. Ms. Bello added the Board could set any mandates for people they appointed. When asked, Mrs. Dellinger was not able to come up with any committees that were not subject to the CML.

Ms. Bello

advised that based on the language in NRS 241.01 5(4)(a), if they were advising or recommending to this Board they were subject to the CML. John Bosta recommended having more than one or two days of training, making the education as convenient as possible, and making all committees of any type go through the training. June 6, 2017 29. For Possible Action Discussion and deliberation regarding possibly amending the mandate that all public body members appointed by the Nye County Board of County Commissioners to participate in the annual Open Meeting Law Training hosted by Nye County each calendar year.-Cont’d.

Mrs. Dellinger

advised there was a presenter from the Attorney General’s Office, sometimes in Tonopah and sometimes in Pahrump, but it was video-conferenced to Beatty, Tonopah and Pahrump at the same time and it could be played again wherever. Leo Blundo said even when he was at the pleasure of the town board and served on the civic center advisory board they were subject to the OML. That was many years ago and he believed it had been policy and procedure. Also, in the back-up he noted there were many names missing, but he did not know if that was because they completed the CML training.

Ms. Tackett

clarified the list of people in the back-up were those who had not completed the training.

Sheriff Position

#85010-095 in the Sheriff’s Office effective July 1, 2017 due to the employee resigning May 11, 2017.

Commissioner Koenig

made a motion to fill vacant Deputy Sheriff Position #85010-095 effective July 1, 2017, and waive the 90 days; seconded by Commissioner Wichman; 4 yeas. 34. For Possible Action Discussion and deliberation to approve the payscale for management/exempt positions held by officers of the Nye County Sheriffs Department, including all benefits allowed by FLSA for an exempt position, that the current NCLEA contract provides, until a new collective bargaining unit/agreement is formed and negotiated.

Commissioner Wichman

said this was approving the old pay scale from the old agreement with no added perks or pay.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig. Danelle Shamrell, Human Resources Manager, explained the intent right now was to allow a pay scale to be in place that would allow the Sheriff to promote people into an June 6, 2017 34. For Possible Action Discussion and deliberation to approve the payscale for managemenUexempt positions held by officers of the Nve County Sheriff’s Department, including all benefits allowed by FLSA for an exempt position, that the current NCLEA contract provides, until a new collective bargaining uniUagreement is formed and negotiated.-Cont’d. exempt position. This pay scale initially was attached to an agreement that had been dissolved. She believed the intent if the promotions were made was to resurrect some type of collective bargaining based on that. She also thought it was important to keep in mind this was an FSLA exempt position so there was no overtime involved and it did not give specialty pay.

Commissioner Schinhofen

said he could not vote against this, but his concern was the County finally got rid of that union and now it would be back with three members.

Sheriff Wehrly

stated she has had an acting lieutenant for over a year and a half and she really needed to make him permanent, but she could not do that by herself so she needed to do something else.

Ms. Shamrell

added he was getting acting pay because the DOE required a lieutenant at Mercury.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox; 4 yeas. PUBLIC WORKS 36. For Possible Action Discussion and deliberation to surplus and sell excess Nye County equipment that is no longer in use andlor obsolete.

Commissioner Koenig

made a motion to surplus excess Nye County equipment no longer in use or obsolete because staff had determined the property was no longer required for public use and believed it was in the best interest of the County to include the equipment in an upcoming auction; seconded by Commissioner Wichman; 4 yeas. June 6,2017 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 16. For Possible Action Discussion and deliberation on approval to: 1) appropriate fundln of $50,000.00 as one-time start u operational costs for public transportation in Nye County, begiinnlng with service in Pahrump; and 2) allow staff to sign a fundinci letter to be provided at the time of cirant submission.

Commissioner Koenig

made a motion to approve appropriating funding of $50,000.00 as one-time start up operational costs for public transportation in Nye County, beginning with service in Pahrump, and to allow staff to sign a funding letter to be provided at the time of grant submission.

Commissioner Koenig

amended his motion for it to come out of town funds; seconded by Commissioner Wichman. Tom Waters said they would like approval.

Commissioner Cox

asked if this was for Vetlrans.

Commissioner Koenig

advised this was different and would run for everyone.

Commissioner Cox

asked if this was connected in any way with what the Board did for the DAV last meeting, to which Commissioner Koenig responded no.

Commissioner Cox

said she had no problem with it coming out of the town funds, but there were some people who had a problem with spending town funds on County issues. She asked if this was a County issue.

Commissioner Koenig

said this had nothing to do with the County and was not run by the town or the County. The County was giving the money to support them to get them through the grant and then they would be on their own.

Commissioner Koenig

made a motion to approve Nye County through the Regional Transportation Commission (RTC) to apply for State of Nevada Department of Transportation grants to operate the public transportation system in Nye County; seconded by Commissioner Cox.

Commissioner Wichman

said this agenda item was asking for approval for Nye County through the RTC to apply for a State of Nevada Department of Transportation grant. She asked what the RTC had to do with that. Albert Bass said the County was approving through the RTC. He explained that in Elko County the County actually administered and sponsored the program and the RTC only provided funding for the program.

Commissioner Wichman

stated this Board had no authority to obligate anything from the RTC. If she understood the motion it was to approve the Board of County Commissioners sponsoring them to apply for a State of Nevada grant, which had nothing to do with the RTC. Tim Carlo clarified that the RTC agenda tomorrow did not have an agenda item to cover this. There was still a budget that needed to be approved so if the Board wanted to move forward with the RTC this item would have to come back.

Commissioner Wichman

said she had no problem sponsoring or applying for a grant. Her problem was mentioning the RTC before it had even gone before that committee. Angela Bello said she took this as it was conditioned upon approval of the RTC.

Commissioner Koenig

amended his motion to make it contingent upon approval by the RTC.

Commissioner Wichman

still did not understand what the RTC had to do with this when the Board of County Commissioners could sponsor and administer a grant by itself.

Commissioner Schinhofen

explained they were asking if the RTC said yes they would fund this $50,000.00 then the Board would go ahead and do the grant. Lorina Dellinger added if there was no budget then there was no application to submit. June 6,2017 37. For Possible Action Discussion and deliberation to: 1) approve for Nye County through the Regional Transportation Committee to apply for State of Nevada, Department of Transportation arants to operate the ubllc transportation system in Nye County; and 2) approve oerationaI funding from the Regional Transportation Commission in an amount not to exceed $50,000.00 each year for a three-year period.-Cont’d.

Commissioner Wichman

said a motion could still be made to support, sponsor and administer their grant through this Board without even mentioning the RIC.

Commissioner Koenig

withdrew his motion; Commissioner Cox withdrew her second.

Commissioner Koenig

made a motion to approve to apply for a grant for public transportation in Nye County; seconded by Commissioner Cox; 4 yeas. TIMED ITEMS-Cont’d. 12. 11:00 For Possible Action Public Hearing, discussion and deliberation on — — an appeal of the Nye County Water District’s decision to adopt the Final Budget for the FY 201 7-2018 on May 15, 2017 by an affirmative vote of 5-0.

Commissioner Wichman

was not present. John Bosta explained that to protect himself so he could proceed to court if necessary after the decision he had to declare where he was aggrieved. Mr. Bosta read his 20 reasons into the record [attached], which included alleged violations of various requirements of NRS Chapter 271. Mr. Bosta further alleged the water district’s final budget was financed by a fee that was fraudulently effectuated through malversation and the fraudulent tax was now enforced under the color of law.

Mr. Bosta

said the Board had to decide if the budget was supported by a tax or a resolution. The Board could either confirm it, deny it or whatever, but that was the basis of his appeal. Dwight Lilly said the information Mr. Bosta brought up today had been brought up at the Water District Governing Board on several occasions. He discussed an e-mail sent on May 17, 2011 from Brian Kunzi to Michael Maher, the Treasurer at the time, regarding the water tax. Mr. Kunzi stated that based on legal research he concluded the water district per parcel tax should be put on the tax bill on the bottom portion of the bill that included the television district as the district had the authority to levy taxes. Mr. Lilly said he could find no evidence from the Department of Taxation that they had confirmed the tax should go through on the tax bill. June 6,2017 12. 11:00 For Possible Action Public Hearing, discussion and deliberation on — — an appeal of the Nye County Water District’s decision to adopt the Final Budget for the FY 2017-2018 on May 15, 2017 by an affirmative vote of 5-0.-Cont’d. Kenny Bent submitted written testimony for the record [attached]. His concern was the different standard of upholding the rule of law. He thought the solution was to identify the problem, acknowledge it, and repair it from the point it was broke. Herman Lewis said this was procedurally something Mr. Bosta had to do to protect his rights and he expressed his appreciation to the Commissioners for listening today.

Commissioner Schinhofen

said he agreed with Mr. Bent as far as correcting a mistake and moving on. He stated the Department of Taxation approved the budget, the court found a resolution not an ordinance was a proper vehicle for imposing the fee at issue in the lawsuit, and the water district resolution was lawfully adopted in accordance with section 8.1(q) of the act.

Ms. Bello

asked Commissioner Schinhofen to cite the case he was referring to.

Commissioner Schinhofen

said it was CV37801. He further stated two district attorneys and a district court judge already told Mr. Bosta it was not, and he had already cost the County $35,000.00 with this.

Commissioner Schinhofen

made a motion deny the appeal; seconded by Commissioner Wichman; 3 yeas. Commissioner Cox voted no. 38. 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.-Reopened. Dwight Lilly said he wanted the Commissioners to review the Town of Pahrump’s ambulance and fire department situation as far too much money was being spent. He suggested turning it into a volunteer department and turning the ambulance service over to a private company. Secondly, Mr. Lilly noted the Town of Pahwmp had excess tax revenue that had not been addressed and there were rumors that there was an effort to fund a District Attorney position out of town money. He would like the Board to consider establishing an advisory board made of Pahrump citizens so they could decide how to address any type of revenue being spent and have it directed toward the Town of Pahrump. If that was not possible, then Mr. Lilly would like to see an effort by the Board to lower the taxes in the Town of Pahrump because basically when the town board form of government was dissolved the citizens were assured the County would not be grabbing Town of Pahrump funds to fund County operations and he wanted to make sure that was adhered to. June 6,2017 TIMED ITEMS-Cont’d. 12. 1 1:00 For Possible Action Public Hearing, discussion and deliberation on — — an appeal of the Nye County Water District’s decision to adopt the Final Budget for the FY 201 7-2018 on May 15, 2017 by an affirmative vote of 5-0.-Reconsidered.

Commissioner Koenig

made a motion to reconsider; seconded by Commissioner Wichman; 4 yeas.

Commissioner Schinhofen

made a motion based on the Department of Taxation’s approval of the budget, the court finding a resolution not an ordinance was a proper vehicle for imposing the fee at issue in the lawsuit (Case No. CV37801), and the water district resolution being lawfully adopted in accordance with section 8.1(q) of the act, to affirm the decision of the Water District Governing Board; seconded by Commissioner Wichman; 3 yeas. Commissioner Cox voted no. 38. 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.-Reopened. Herman Lewis confirmed opening public comment was restored effective the next meeting and thanked the Commissioners. He also gave a special thank you to the District Attorney for all her hard work for the community.

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of ,2017. K A— NyelCoty Clerk / Deputy Outline for Oral Ar2ument June 6, 2017 r1ve Cou Jlftkx uc SeCtion 8 1 The District hs the following dif fe) To incur indebtedness puWrfo cIiFs 271 and 318 of NRS and to issue bonds and provide for medium-term obligations pursuant to chapter 350 of NRS, to pay, in whole or in part, the costs of acquiring, constructing and operating any lands, easements, water rights, water, waterworks or projects, conduits, pipelines, wells, reservoirs, structures, machinery and other property or equipment useful or necessary to store, convey, supply or otherwise deal with water, and otherwise to carry out the powers set forth in this section. 2 LIse4Jthis section “supermaoriW’ ns an affirmative vote of not Iess of th sej,rs.ofthe Boatd Section 9: 2 A simple rnaiotitv of the Except as otherwise provided in section 8 of this act, a conferred on the Boarth 3. Any person who is aggrieved by any decision of the Board pursuant to sections 1 to 12, inclusive, of this act may appeal to the Commission within 30 days after the decision of the Board. The Commission may affirm, modify or reverse the decision of the Board. I am aggrieved by the adoption of the Water District Final Budget for the following: 1. The revenue collected for to finance the Final Budget is collected under the Color of the Law. The Water District has not adopted an Assessment Ordinance for the $5.00 per parcel fee for each taxable parcel in Nye County pursuant to NRS 271.240. 2. I did not receive a notice of any hearing by registered or certified mail of the time and place of the hearing for the $5.00 parcel fee on my property pursuant to NRS 271.380. 3. No assessment lien has been adopted by ordinance by the municipality (Water District) to secure the payment of an assessment levied against the tract, as provided in NRS 271.420. 4. The Nye County Board of Commissioners have not been defined as the “Governing body” pursuant to NRS 271.115 5. The Nye County Water District created by a special legislative act has not been defined as the “Municipality” pursuant to NRS 271.145. 6. No “Neighborhood improvement project” has been defined pursuant to NRS 271.147. 7. No “Park project” has been defined pursuant to NRS 271.160 8. No “Project” has been defined pursuant to NRS 271.175 9. No “Promotional activity” has been defined pursuant to NRS 271.178 10. No “Property” has been defined pursuant to NRS 271.180 11. No “Publication” has been published at least once a week in at least one newspaper of General circulation pursuant to NRS 271.190 12. No “Special benefit” has been made directly attributable to a project for which an assessment is made as determined by the local government pursuant to NRS 271208 13. No “Taxes” f ad valorem) has been defined pursuant to NRS 271.230 14. No “Water project” has been defined pursuant to NRS 271.253 Outline for Oral Argument June 6, 2017 11:00am by John Bosta Page 1 15. There has been no preparation of the proposed assessment toll by an engineer to levy a fee on each taxable parcel pursuant to NRS 271.375. The total amount was determined by Mr. Lacy and then 51,000 parcels were divided into the total to determine fee. Only 51,000 and not 57,000 taxable was used. 16. There was no notice of hearing for assessment by the governing body resolution to fix a time and place when and where complaints, protest and objection made in writing or verbally concerning the assessment roll, by the owner of any tract or any person interested will be heard and no notice by registered or certified mail of the time and place of the hearing was provided pursuant to NRS 271.380 17. Pursuant to NRS 271.390 the decision, governing body resolution and municipality lien ordinance was not followed in placing the flat $5.00 on each taxable parcel in Nye County tax roll for the FY 2017-2018 18. By the Dec. 29, 2016 District Court Order by Judge Wanker for my Dec. 20, 2016 hearing. She did not consider the distinction between taxes and fees is which frequently blurred. She ruled the WD Resolution 2012-001 for a $5.00 fee per taxable parcel in Nye County adopted by a 3-2 by the majority in attendance was tax pursuant to section 8 fl)(q). Taxes are imposed for revenue purposes, as opposed to fee in return for a specific benefit. Taxes are typically compulsory adopted by an ordinance, rather than a fee being imposed in response to a voluntary decision to seek government privileges by a resolution. There are three categories into which fees may be classified: special assessments, based on the value of benefits conferred on property; development fees, exacted in return for permits or other government privileges; and regulatory fees, imposed in accordance with the state’s police power. None of the three categories is contained in WD Resolution 2012-001. 19. Therefore the Water District’s Final Budget is financed by a fee that was fraudulently effectuated through malversation and the fraudulent tax is now enforced under the color of the law. 20. The Water District has not adopted an Assessment Ordinance pursuant to NRS 271.420 as is evidenced by the fact such an Ordinance would have been recorded in the Clerk’s Office and the Clerk’s Office has indicated that no such recording exists. On May 15, 2017 the Water District held a public hearing on the Tentative Budget. A motion, second, and approval of the tentative budget and then another public hearing was held on the final Budget. I made comments during both hearing. I ask the Comptroller, Savannah Rucker who presented the tentative and Final budgets for the NRS that she was using as a source of revenue for the budgets, she replied NRS 354.59. She must have forgotten the zero at the end. the NRS 354.590 Actions of governing body by resolution or ordinance. Whenever the terms of NRS 3 54.470 to 3 54.626, inclusive, require or refer to action of a governing body by resolution, the governing body may at its discretion act by ordinance, if it is otherwise authorized by law to adopt ordinances. (Emphasis added) (Added to NRS by 1965, 730; A 1971, 1013, 1342; 2013, 2712) Section $ (1 )(e) is authorized by Chapter 542 specifies the use of Chapter 241. NRS 271.420 Liens recordina finpl assessmentroll and statement of information. Outline for Oral Argument June 6,2017 11:00am by John Bosta Page 2 1. The payment of th amount o assessecL including each installment thereof, the interest thereon, and any penalties and collection costs, is secured by an assessment lien upon the trae’ assessed from the effective date of the assessmént-ordünce 2 The final assessment roll, endorsed 1 the clerk as the ropeIdateI In the ss’ent ordhianc, must be recorded in the office of the county recorder together with a statement that the current payment status of any of the assessments may be obtained from the county or municipal officer who has been directed by the governing body to collect the assessment. Neither the failure to record the assessment roll as provided in this subsection nor any defect in the roll as recorded affects the validity of the assessments, the lien for the payment thereof or the priority of that lien. 3. NotWitbstániflñn the I,rvisiOiis olanv ötriy ctute.’i (a) Coequal with the latest lien thereon to secure the payment of general taxes. (b) Not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes. Porn sunerior’tàaFliens, claims. èncumbracesand tit1cotii’èr than the liens of assessments Ienera1taxesattaclied to the tractptirsuant to the provisions of NRS 6L45O.! 4. No statute of limitations begins to run against any assessment nor the assessment lien to secure its payment until after the last installment of principal thereof becomes due. (Added to NRS by 1965. 1370; A 1989. 257; 2005. 1828) NRS.361.450: iis&tixe: Attachment; superiority; expiration of lien on mobile or manufactured home. 1. Except a oth IJpovidd in sábsection i, every tax levied under the provisions of or authority of this chapter is a perpetual lien against the property assessed until the tax and any penalty charges and interest which may ace theonre paid. Notwithstandin2 the provisions of any other specific statute, such a lien and hen for unpaid assessment imposed pursuant to chapter 271 of NRS is superior to all oer liens4 clams4 encumbrances audi titles art the property mchiding withoutJumtation mrests secuid uruant to the 104 3. mar ufactiiec{home èxpiré on the date Whim the mobile or mnufaciired home isok, except the liens for personal property taxes due in the county in which the mobile or manufactured home was situate at the time of sale, for any part of the 12 months immediately preceding the date of sale. Respectfully submitted, /4 John F. sta Outline for Oral Argument June 6, 2017 11:00am by John Bosta Page 3 L(b 7 Item # 12 @ 11:00am Several years back, I got involved in local politics because I mistakenly believed that government was drifting away from the rule of law. What I have come to learn is that the nile of law is nothing more than a concept used to twist, manipulate and control the public. Those who learn how to use it not only seize value from the public, but hide behind it as protection from their theft. It is very understandable why the public’s trust in government is dwindling at such a rapid pace. Until elected officials, agencies and staff revert back to the same standards the public is held to, the divide will only deepen. August of 2013, several people (including myself) turned in applications for consideration to appointments on the Nye County Water District Governing Board. It turned out that that whole process was only a sham in an ongoing attempt to hide the fact that the Water Board had been operating outside the law without the necessary quorum to conduct business. from June 20, 2012-July 1 6, 201 3 the Water Board voted and adopted policy affecting the entire county while several involved knew it was doing so illegitimately. Nevada Constitution Article 1 Sec: 15. No bill of attainder. ex-post-facto law, or law impairing the obligation of contracts shall ever be passed. U.S. Constitution Article 3 Sec: 9 No ex post facto law shall be passed. “federal” Sec: 10 No State shalt pass ex post facto law. The government solution was simpLe; instead of re-visiting the un-authorized actions taken during that period, they decided to cover it up with another fraud. On August 16th 2013 the BOCC voted to reappoint the same members whose terms had expired the year prior. None of the applicants were interviewed as there was never any intent to change the makeup of the board. The motion passed 3-2. The public was deceived as to why the re-appointments were made. At the next convening of the Water Board on July 29th, Chairman John MacLaughlin made a motion to ratify all action taken by the Nye County Water District Governing Board from July 1, 2012 through June 30, 2013. Donna Lamm seconded the motion. There was no further discussion. The motion passed 6-0. Tim McCall was absent. The 2013-2014 budget for the NCWDGB was also approved without the authority to do so. So long as Nye County considers the rule of law as arbitrary, the mistrust and divide will only worsen. Mistakes happen. It is a normal route to improvement. The solution is basic and simple. Identify the problem, acknowledge it and start over at the point it broke. Respectfiully submitted to the record of this BOCC meeting on June 6th2017 Kenny Bent