July 18, 2017

Commissioner Schinhofen

noted this was an action item and public comment could be had on it per the Open Meeting Law.

Mr. Sutton

advised general public comment needed to be held first. 3. GENERAL PUBLIC COMMENT (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 (first). Andy Alberti read a statement into the record regarding his desire to have public comments that were submitted for the record inserted in the minutes in the proper order rather than at the end, as well as the use of gold fringe on the American flag and whether it was proper. He submitted his statement for inclusion in the minutes [attached]. Herman Lewis said his no vote on the Valley Electric sale was cancelled and he was contacted by Valley Electric to send him a new ballot because he voted no, which he thought was wrong. He then mentioned a presentation Ron Cordova gave at the Republican Central Committee meeting on Saturday which brought up a lot of questions for the community. Mr. Lewis asked the Commissioners to have an agenda item to vote on allowing Mr. Cordova to give his presentation to the Commissioners and the public. Ron Cordova explained over the last six months he dug deeply into the sale of the transmission line and some of the terms were quite disturbing to him. He said he would like to give the presentation if possible. Harley Kulkin felt the County had done nothing with the money received from the federal government and it should be used to create assets instead of funding liabilities. He said the salvation of the County was the development of the fairgrounds and he suggested creating an advisory board. Michael Noyes discussed the situation involving an individual who was pulled over and how it escalated from a simple inquiry to a criminal offense where rights were abused. He said that would be addressed on September 6, 2017, and it would continue to be addressed. Cles Saunders, representing disabled American veterans, said a sundown ceremony to honor living and deceased Purple Heart recipients would be held on August 7, 2017, at the Pahrump Veterans Memorial at the Chief Tecopa Cemetery starting at 6:30 p.m. He extended an invitation to all Pahrump citizens and the Commissioners. July 18, 2017 3. GENERAL PUBLIC COMMENT (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 (first).-Cont’d. Gary Bergman, Nye County Chairman for the Independent American Party, read the oath of office for a district judge where they swore to defend the Constitution of the United States and the Constitution and government of the State of Nevada, and bear true faith, allegiance and loyalty to the same. He also read Article I, Section 2 of the Nevada Constitution (the paramount allegiance of every citizen was due to the federal government) and Amendment 5 of the Bill of Rights (no person shall be held to answer for a capital or otherwise infamous crime unless on a presentment or indictment of a grand jury). Mr. Bergman asked why the County did not have a grand jury. Leah Aldridge discussed the violation of her liberty when she recently exercised her unalienable right to travel.

Commissioner Schinhofen

read the portion of the agenda regarding public comment and the prohibition of comments if the topic was not relevant to or within the authority of the Commission. He pointed out he had not cut anyone off, but he asked everyone to keep the comments to what the Commissioners could control and had authority over. Ammie Nelson announced the Nye County Republican Central Committee met on the third Saturday of every month and next month the meeting would be in Tonopah. The meetings would also be video conferenced now so the people in Tonopah could participate. A bus would be available and for $25.00 a person could get a ride there and back. People could call the Central Committee or go on the Web site for information and phone numbers. Mark Waite suggested working out some sort of cooperative agreement with Clark County to smooth the road over Wheeler Pass for regular vehicles. He thought maybe Secure Rural School funds might be available for that. D.C. Shuey asked how long before item 35 was heard. When Commissioner Schinhofen responded he did not know, Ms. Shuey submitted comments for the record [attached]. Dave Stevens felt Yucca Mountain would kill people.

Commissioner Schinhofen

referred to the earlier discussion regarding the impact if the Commissioners kept their raise. Tim Sutton suggested the motion be to elect not to receive the raise pursuant to NRS 245.043(4). July 18, 2017

Commissioner Wichman

wanted to make a motion to forego any raises for the elected officials.

Mr. Sutton

advised this particular one would only be for the Commissioners as they could not vote for the elected officials.

Commissioner Wichman

stated that for $62.50 a month she was not willing to spend taxpayers’ money of $325,000.00 a year.

Commissioner Wichman

made a motion to forego any raises to the Board of County Commissioners at this point; seconded by Commissioner Koenig.

Commissioner Cox

asked how $60.00 a month turned into $325,000.00 a year.

Mr. Sutton

explained it was in the collective bargaining agreement that should the Commissioners not forego their raise then everyone covered under the agreement would receive what the COLA was for that year, which this year equated to $325,000.00.

Commissioner Schinhofen

hoped the agreement could be reopened because it should be all the elected officials, not just the Board of County Commissioners, or the clause could just be gotten rid of.

Commissioner Wichman

did not think that clause was made clear to the Commissioners when they voted on the agreement because she remembered there being no financial impact and now they learn that was in there. She said that simply forgetting to put something on calendar to bring it back in time triggered this whole financial emergency. Adam Levine, appearing for the NCEA, stated the employees had not had a COLA since July, 2008. When the financial crisis hit the County the employees agreed to keep wages flat and take furloughs. Mr. Levine pointed out that the Commissioners declining their 3% did not mean the NCEA did not get a COLA. All that did was reopen the negotiations under the contract if the other elected officials took their raises. While they could seek and probably get a greater COLA than 2.4%, Mr. Levine said they were willing to accept the lesser amount because they wanted to be good partners with the Commissioners and the community. He felt it was only fair to the hardworking men and women that after nine years they should get 2.4%, which was not a lot of money based upon the financial condition the County now found itself in.

Commissioner Wichman

stated the employees did get step increases and had not been without them for nine years, but she had been without a raise for nine years. She said she could not accept a raise now when it was going to cost the County $325,000.00 to get her $62.50. July 18, 2017

Commissioner Schinhofen

said he could not have been mote gushing or more appreciative of the employees over the last number of years. He still respected them and the great job they did, but now that a little daylight was being seen did not mean to him that more should be spent.

Commissioner Wichman

added that Senior Nutrition was one of the things cut in those tough years which had still not been reinstated. Herman Lewis said he was proud of the Commissioners for stepping up to the plate. Many people had taken pay cuts over the years and just because someone was a government employee did not mean they were entitled to an increase. Ted Thompson explained singling out the Commissioners in the negotiations was the District Attorney’s idea because she thought the elected officials could come against the Commissioners if there was money there and trigger everything. She said this way it was more in the Commissioners’ court. John Bosta asked what the protocol here was as during his three minutes under public comment he spends time arguing with the Commissioners, which he did not think was fair.

Commissioner Schinhofen

stated the comment needed to be on topic.

Mr. Bosta

asked the District Attorney for clarification whether it was right for the Commissioners to argue back on a person’s comment. Tim Sutton said the Open Meeting Law did not say anything about whether the Board was authorized to have an interchange with the public, so there really was no prohibition to it.

Commissioner Koenig

noted the Open Meeting Law did allow conversation back and forth.

Mr. Bosta

asked why a person’s public comment time was reduced to three minutes if it took more than three minutes to talk about it. Harley Kulkin challenged the Commissioners to take the raise. He said the employees had a right to a decent living and this County paid less than other counties. He thought the Commissioners should show them appreciation as that made them better workers. Ammie Nelson said she hated the fact that the employees were paid less than any other county employees, but that was an enormous amount of money to pay them for the $62.00 to the Commissioners. She noted that Pam Webster had not taken a raise in July 18, 2017 years and that compensated for the people who did get their raises. She did not think they deserved the raise and that raises should be on merit.

Commissioner Schinhofen

stated he loved the employees. The Commissioners could not do what they did without them and services could not be provided without them. He said this was not an attack on the employees. It was a clause in the contract that was missed and he thought it was a mistake to approve the contract with that in it. He asked the employees to not take this as the Commissioners not valuing them.

Commissioner Schinhofen

said in an effort to save this course from the fate of the Willow Creek Golf Course he brought this forward and was asking the Board to make a motion for the Town of Pahrump to purchase it. The deed restriction preventing any subdivision being built would expire in 2018. The motion needed to include that Great July 18, 2017 21. For Possible Action Discussion and deliberation to consider purchasing the Lakeview Executive Golf Course-Cont’d. Basin would assign their agreement with the current owners to the town and provide effluent water at no fee for the term set out in the agreement through 2050, and that it was deed restricted until at least 2050 if it was purchased. He pointed out that without a mortgage or debt this course could break even. When it was brought back up to its former glory it could also attract visitors, which meant heads in beds and money spent in the community. Lastly, a management company would be needed to manage the property.

Commissioner Koenig

made a motion to make an offer of $650,000.00 conditioned on Great Basin agreeing to continue the free effluent through at least 2050 and the County engaging with a third party management company; seconded by Commissioner Borasky. Gene Vulac, a current board member of the Lakeview Executive Golf Course, was present with property owners to support the initiative for the purchase of the golf course. He hoped the Board would preserve the oasis for the community and its citizens as well as the fragile ecosystem and landscape. Sid McGill surveyed the audience for their support of this, a majority of whom raised their hands. Ammie Nelson stated she, and her friends and neighbors, did not think the town should purchase this property for many reasons. Her biggest concern was what would be done about the effluent water in the future and how that would affect home values. She thought there should be a conversation about this and it should be brought back at another time. Cles Saunders said he was in favor of the purchase. Debra Strickland said the purchase price was excellent and this was a wonderful opportunity. Wade Hinden noted there were two golf courses in Pahrump right now. He thought the price was a lot of money and that the Board should negotiate to get it for less. Harley Kulkin did not think the climate was right for this now and the number one priority should be funding the fairgrounds. Linda Hatley asked if this was a public golf course.

Commissioner Schinhofen

explained it would be a municipal golf course and everyone could use it. July 18, 2017 21. For Possible Action Discussion and deliberation to consider purchasing the Lakeview Executive golf Cou rse-Cont’d.

Ms. Hatley

said she was in favor of it, but she did not like the price tag. John Bosta suggested a caveat that the utility had to provide Class A water. Kenny Bent said the ongoing commitment concerned him. George Salerno said not doing this would cost the town the junior golf and the snow birds. George Carey said he was a new resident to Pahrump and chose a home around the golf course. He hoped it continued as it was a good thing for the town. Dave Stevens wondered why the citizens should have to pay taxes on a golf course and thought an in-door swimming pool would be better. Diana Johnson thought it was a good opportunity and something to be looked at.

Commissioner Koenig

said to him it looked like there were three choices do what the Board was proposing to do; let it go foul and let it look like the other junk golf course; or perhaps a developer would like to put up multi-family on it and suck up more water the town did not have. He thought it was a great buy.

Commissioner Borasky

reminded everyone less than a year ago there was an item that was a gift of a $4.5 million infrastructure which would have accelerated the fairgrounds property, but three Board members turned it down. He said there was no way he was going to pass up on this one.

Commissioner Cox

did not want to put something that would take care of the minority on the back of the majority to pay for it. She pointed out the County would also not get any taxes off the property once sold to the town. To Commissioner Cox this was just not something that the County and the town should be getting in to. Pam Webster said before an offer was made with a dollar value in it there were several steps that needed to be taken per NRS with appraisals, etc. She asked that staff be given direction to proceed with the purchase but not identify a purchase price.

Commissioner Koenig

amended his motion to direct staff to proceed with the purchase conditioned on Great Basin agreeing to continue the free effluent through at least 2050 and the County engaging with a third party management company; Commissioner Borasky amended his second; 4 yeas. Commissioner Cox voted no. Deputy District Attorney Christi Kindel was present. July 16, 2017 The Board took a short recess. 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Highway Commissioners Licensing and Liquor Board, the Governing Body of Unincorporated Town of Pahrump, the Governing Body of Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, and Railroad Valley, and the Board of Trustees for the Pahrump Pool District regular meeting on June 20, 2017 and teleconference on June 28, 2017.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig.

Commissioner Cox

noted the June 28, 2017, minutes showed Commissioner Wichman was there, but that was the day she got stuck in traffic and could not make the meeting.

Commissioner Wichman

amended her motion to correct that; Commissioner Koenig amended his second; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 16. For Possible Action — General road report by Public Works Director Wade Christensen from Public Works was present for Tim Carlo. He said right now they were focusing on catching up on a lot of maintenance. They were also doing overlay work on the south end of the valley.

Commissioner Borasky

asked what was going on with rebuilding Homestead Road.

Mr. Christensen

believed they started on that and were developing drainage control plans, but he thought it was an issue of funding at this time.

Commissioner Schinhofen

said he would talk to Commissioner Borasky about that. John Bosta mentioned how dark Bell Vista was turning onto it from the highway and asked for something to be done about that. Wade Hinden suggested a solar powered street sign for Bell Vista.

Commissioner Schinhofen

said he would check with NDOT on those. Harley Kulkin thought the focus should be on paving dirt roads as that created an asset.

Commissioner Koenig

thought the Homestead project was fully funded. July 18, 2017 16. For Possible Action — General road report by Public Works Director-Cont’d.

Commissioner Schinhofen

said he also thought it was fully funded as informed by the former Public Works Director, but the funds were not in the proper account so steps were being taken to move it. He believed it would go out to bid in a few weeks. Pam Webster added it was being audited for available funds. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. TIMED ITEMS-Cont’d. 15. 11:15 For Possible Action Presentation, discussion and deliberation — — regarding: 1) Population Health Status in Nye County; and 2) convening the Board of Health in Nye County. Maureen Budahl, Nye County Health Officer, was present along with Dr. Joe Eiser, Chief Health Officer from Clark County, and John Packham, Director of Health Policy Research at University of Nevada Reno School of Medicine and an employee of the State Office of Rural Health.

Mr. Packham

pointed out Nye County ranked 16 out of the 17 counties in 2017. Factors driving that ranking were health behaviors like adult smoking, adult obesity, food environment, and physical inactivity and access to exercise opportunities. With respect to clinical care he noted shortages in primary care physicians and low screening rates. He said his office’s interest in speaking with Commissioners in rural areas was partly driven by an interest in seeing discussions about population health issues and potential solutions.

Mr. Eiser

talked about convening a board of health and offered technical assistance on how to do that. He thought at some point the Board may want to consider a department of health to place priority on health as well as the other infrastructure. Mr. Elser also advised he had talked to Cody Phinney with the Division of Public and Behavioral Health about how the State and the Southern Nevada Health District could provide some direct services to Esmeralda, Nye and Lincoln Counties. Mr. Eiser stated he would like to come back and discuss that more.

Ms. Budahl

advised that there were a couple of rural counties that had been working on boards of health, like Churchill County. She said they were just talking about a board of health using existing resources to improve the health outcomes and this presentation was about trying to start the conversation to get the needed knowledge base. Regarding convening a board of health, Commissioner Schinhofen said he would prefer that be on another agenda to determine what it would take. July 18, 2017 15. 11:15 For Possible Action Presentation, discussion and deliberation — — regarding: 1) Population Health Status in Nye County; and 2) convening the Board of Health in Nye County-Cont’d. Assemblyman James Oscarson said from the hospital perspective they were truly committed to making health better in this community. He said the hospital was purchased by Universal Health Services six or seven months ago and since then there had been a tremendous amount of movement toward providing additional services. The Board was in recess until 1:30 p.m. Commissioners Borasky and Ccx were not present. 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 Koenig

made a motion to approve consent removing item 30; seconded by Commissioner Wichman; 3 yeas.

Commissioner Koenig

made a motion to approve consent removing item 30; seconded by Commissioner Wichman; 3 yeas.

Commissioner Koenig

made a motion to approve consent removing item 30; seconded by Commissioner Wichman; 3 yeas. July 18, 2017

Commissioner Koenig

made a motion to approve consent removing item 30; seconded by Commissioner Wichman; 3 yeas.

Commissioner Koenig

made a motion to approve consent removing item 30; seconded by Commissioner Wichman; 3 yeas. RECORDER

Commissioner Wichman

asked once the records were digitized if there were any books that originated in Belmont and did not extend beyond Belmont if they could be moved back to Belmont for the museum.

Commissioner Cox

was present. BOARD OF COMMISSIONERS 31. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. July 18, 2017 32. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the Coun’s management representatives regarding labor negotiations issues and other personnel matters. This item was removed from the agenda. 33. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in c!osed meeting. This item was removed from the agenda. 35. For Possible Action Discussion and deliberation to consider amending Nye County code, Title 6 Animals to address the concerns regarding shelter for livestock.

Commissioner Schinhofen

stated the Code was not being amended today. This was for discussion and direction to staff. Ammie Nelson said she talked about this with her sister who had a horse rescue for decades. Her sister suggested limiting this to a 40’ x 60’ area where they had room to move around along with water and a manmade shelter. MarIa Murphy said she worked for Las Vegas City Councilwoman Michele Fiore, who asked Ms. Murphy to come today and request that this issue be held in abeyance as due to her obligations today Ms. Fiore was not able to make it and was in opposition. Ronda Van Winkle said she was speaking of domestic animals in corrals with smaller confinement. She explained that around her neighborhood there were some horses she watched daily suffering. They were very thin and in the heat every day. Morally Ms. Van Winkle felt if someone had a pet they needed to have adequate shelter if they were going to be outside. She said this was not just for horses but also for other animals that were outside with no protection legally or physically. Those who were interested could e-mail her at rondavwqmait.com to get copies of the information she provided to the Commissioners. Scott Shoemaker said he was on the Animal Advisory Committee and they heard this item at least once annually. Personally he thought people should do everything they could to provide for animals, but going down the road of regulating husbandry was dangerous. He had checked with Animal Control to see if horses were dying due to exposure to heat or lack of shade and it was not happening or he would get a call. Mr. Shoemaker questioned if the County could afford to enforce this requirement if it passed.

Commissioner Borasky

was present. July 18, 2017 35. For Possible Action Discussion and deliberation to consider amending Nve CountY Code, Title 6— Animals to address the concerns regarding shelter for livestock.-Cont’d.

Mr. Shoemaker

explained a standard would have to be set for shade, which would require zoning review and zoning permits, and knowing some of the people in Pahrump they would just give up the horses and let the County deal with it. He wondered if this was a perceived problem because people felt for the horses or if it was an actual problem that the horses were dying or getting sick from lack of shade. Harley Kulkin said should the Board decide to move forward with this it needed to be specific with the animals and not use the word livestock. Secondly, he felt the Board should rely on expert testimony to see if this was really required for these animals. Al Long said he had horses and provided shade for them, but they did not require it. The shade area was where all the flies hung out so the horses did not hang out there. He said if this passed there needed to be some language for temporary housing as his friends would occasionally bring their horses to his property. He questioned whether this would be County-wide or just a Pahrump ordinance.

Commissioner Schinhofen

personally thought it was a Pahrump issue and stated the Board was only taking comment on whether this needed to be done.

Mr. Long

did not think this needed to be done.

Commissioner Cox

clarified it was only speaking of those that were being penned up and could not get out to find their own shade or shelter. She was not sure where the word livestock came from because when the request came to her to put it on the agenda she thought it was just about horses. Tina Trenner felt it would be a burden for some people to provide shelter for horses that would not use it. Adam Hadland, a local veterinarian, did not feel horses needed shade, although morally yes and he recommended it for any animal. However, to put this into legislation or to make laws was overstepping the bounds of government. Also, Mr. Hadland explained medically because of their size they could thermo-regulate just fine as long as they were healthy and had adequate water. Alan Barclay pointed out that Title 6 covered everything in great detail on livestock, small acreages and small stalls. Diana Johnson said it was sad that people needed a law to tell them to provide shade. July 18, 2017 35. For Possible Action Discussion and deliberation to consider amending Nye County Code, Title 6— Animals to address the concerns regarding shelter for livestock.-Cont’d. Jenn Lamana said she did horse rescue and none of them used the shade because of the flies, but if this was legislated specifics on what counted as shade and how long it must be provided would be needed. Linda Hatley said she had a 15-page paper on horses needing or not needing shade. The only mention of shade in those 15 pages was if the horse was overheated. Mainly cooling them off with a drink and pouting water over them would cool them. Dwight Lilly said the issue here seemed to be a need for common sense, If someone could not provide for the health and shade of the animal then they did not need to have the animal. Debbie Young was against this proceeding any further. She said any good horse owner would provide a shelter for their horse, but the horse could not be forced to use the shelter.

Commissioner Borasky

said this same thing had been through the RPC at least three times since he had been on the Board and every time it had gone the same way. The horses would find their own shade and for the Commissioners to legislate that was insane,

Commissioner Wichman

asked if a complaint against one individual for animal cruelty issues would solve the problem rather than changing the law. Tim Sutton responded yes and explained there were blanket prohibitions against animal cruelty so if there was harm or death caused to a horse or other livestock because of inadequate shelter the Board had the means to address that. He had talked with some of the criminal prosecutors in his office about this issue and while there were statutes on file for dog and cats, even with those provisions it was difficult to determine what adequate was. If the Board was going to get into this Mr. Sutton advised specifics would need to be provided.

Commissioner Wichman

said she had a hard time legislating for the masses for 1% of the population.

Commissioner Cox

said she would love to see common sense prevail. She then read a letter from Tail’s End stating they thought this was a great idea.

Commissioner Koenig

said the Board just heard from a lot of people as well as a veterinarian whose advice was to not go any further.

Commissioner Schinhofen

asked people to refrain from speaking about fees as those were not in the ordinance and would be discussed immediately following this item.

Commissioner Koenig

made a motion to adopt the proposed bill and recommend adoption of the amendment to the proposed bill effective August 4, 2017; seconded by

Commissioner Wichman

. Lorina Dellinger advised the motion should be to reject the changes that were proposed in the original bill and adopt the changes in the amended bill. July 18, 2017 9. 1 0:45 For Possible Action Continued Public Hearing, discussion and — — deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2017-14- Cont’d.

Commissioner Koenig

amended his motion to reject the changes that were proposed in the original bill and adopt the changes in the amended bill; Commissioner Wichman amended her second.

Commissioner Borasky

asked who made the changes that were being done away with.

Mrs. Dellinger

explained the original was developed with the ad hoc committee meetings and the proposed amendments were the end result with everyone’s revisions. Pam Webster added that at the end recycling was taken out as it was referenced somewhere else and it needed to be put back in as the County was recycling. Matt Ward, appearing on behalf of Morales Construction, said they were concerned with section 8.24.310 which seemed to expand the role of the solid waste franchisee in the County to include all recyclable material. Including the word recyclables in the franchise authorization and rights of franchisee they felt would expand the monopoly that already existed with residential trash service in Nye County by including anything recyclable, including constwction and commercial waste, which in their opinion was very anti- business and pro-monopoly. Christi Kindel said part of the last change was the issue of recycling. The definitions specifically said what recycling was and there was a separate definition for construction or demolition debris. She thought it was sufficiently laid out in the definitions to make that distinction.

Mr. Ward

read a portion of 58315, which did not pass but he thought was representative of a trend underway in many states. The bill stated that the Legislature found that displacing or limiting competition in the collection, transportation and disposal of recyclable material did not facilitate the provision of adequate, economical and efficient service to the inhabitants. Mr. Ward said it was concerning that the scope of an existing monopoly and franchise agreement was being added to.

Commissioner Schinhofen

asked Ms. Kindel if this was expanding the role he was saying.

Ms. Kindel

said she was looking through her notes to get back to the original language, but she did not think it expanded or changed the role of the franchisee.

Mrs. Webster

said without looking into the specific section she did not believe it was a limitation at all. July 18, 2017 9. 10:45 For Possible Action Continued Public Hearing, discussion and — — deliberation to: 1) Adopt, amend and adopt! or reject Nve County Bill No. 2017-14- Cont’d.

Mr. Ward

said that was their concern. There was an existing franchisee with a monopoly, so why add recycling to the franchise authorization or the rights of the franchisee if they were already being paid to do recycling. Rene Morales suggested the Commissioners read that section again. He felt the bill violated his rights, especially taking all the competition out.

Commissioner Schinhofen

closed the public hearing.

Ms. Kindel

pointed to Chapter 8.24.310, section A, which said construction or demolition debris may be removed by any licensed construction or demolition contractor. Section B of that chapter said a person may transport their own solid waste to any such sanitary landfill or transfer station, and the next page talked about commercial recyclers.

Commissioner Cox

was not clear if this was a monopoly or not.

Ms. Kindel

explained it was an exclusive franchise where one entered into a contract with the franchisee for a certain period of time. At the end of the franchise it would essentially come up for bid

Commissioner Wichman

asked what the solid waste haulers license was before this.

Commissioner Schinhofen

said it was $50.00. He then explained one of the reasons this was looked at was because the fees were so low the dump became attractive to everyone outside of the area. It also had to do with U.S. Ecology and the trucks from California that go there and the County collecting almost nothing on those. Pam Webster added the County also did not have any restrictions on who came into the landfill to use it based on addresses or anybody confirming or restricting it to people who were residents here. July 18, 2017 30. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye CountY Resolution No. 201 7-66-Cont’d.

Commissioner Schinhofen

said he was confused about the application fee of $1,500.00 and then the waste hauler fee of $1,000.00 and was not sure why both were needed.

Commissioner Wichman

said one was hazardous and one was not.

Mrs. Webster

believed one was storage and one was hauling. She said those were reviewed with U.S. Ecology and they were in agreement.

Commissioner Koenig

wondered how many local solid waste haulers there were now as he was trying to determine the local impact versus those coming in from California. John Bosta asked if the material hauled in was recycled because if the fee was not high enough the people recycling might be making money off of what the County was charging to bring it in. Mike Smith from Pahrump Valley Disposal said he believed they were the only licensed solid waste hauler in Nye County although he did not know if there were any other smaller haulers that had licenses. He said Tim Carlo may know.

Commissioner Wichman

said Mrs. Webster was suggesting putting this off until Mr. Carlo was back.

Commissioner Schinhofen

pointed out that would mean there would be no fees.

Mrs. Webster

said the ordinance was not effective until August 4, 2017, so this could be heard on August 1, 2017, when Mr. Carlo was back and some of these answers could be solidified.

Commissioner Koenig

made a motion to continue this item to August 1, 2017; seconded by Commissioner Wichman; 5 yeas. TIMED ITEMS-Cont’d. 10. 11:00 For Possible Action Public Hearing, discussion and deliberation on — — AP-2017-000013: an Appeal of the Pahrump Regional Planning Commission’s decision to uphold the Zoning Administrator’s determination that a Conditional Use Permit is required in accordance with NCC 17.04.905 for the expansion of a Grandfathered Use regarding the keeping of special condition animals at 5561 N. Blackrock Avenue. Jacki Freeman Property Owner I Appellant. Tim Sutton explained that Darrell Lacy, as the Zoning Administrator, made a determination that a CUP was required because of expansion of a grandfathered use, which was appealed to the RPC. A hearing was held, evidence was presented, and July 18, 2017 10. 11:00 For Possible Action— Public Hearing, discussion and deliberation on AP-201 7-o000i 3-Cont’d. questions were asked, all of which was in the back-up. He said this Board’s job was to review the record below so any public comment should be limited to the record below and new arguments or facts should not be presented.

Mr. Lacy

said the Board heard a Title 6 permit appeal several months ago and the Board’s decision came back to him with a condition of approval for him to make a determination whether a CUP was needed for this grandfathered facility. In reviewing all the evidence Mr. Lacy said four different activities were found, any one of which was an expansion of the grandfathered iise and required a CUP, which was the reason for his decision.

Commissioner Wichman

made a motion to affirm the decision of the Pahrump Regional Planning Commission that the conditional use permit was required, upholding the Zoning Administrator’s decision; seconded by Commissioner Koenig. Jacki Freeman questioned being limited to three minutes. When Commissioner Schinhofen said he would give her five minutes, she indicated there were four of them present to speak. Commissioner Schinhofen then reduced the time for each person to two minutes, at which point Ms. Freeman indicated she was told by Frank Carbone that they were not limited to three minutes and to speak directly to legal. Tim Sutton stated he did not speak to these folks and did not make any representations as to how much time they would be given. The Chairman made that determination, but they were entitled to present their case.

Ms. Freeman

said this situation began in November and was a gross over-reaction by the Sheriffs Office. They did not expand and they never had the opportunity to present their case at the RPC. They did not violate their grandfathered use and Ms. Freeman did not understand why they kept coming after them. Scott Shoemaker said what was disconcerting about this was that there was no opportunity given to Ms. Freeman to seek compliance. He did not see anything in the back-up that they requested a zoning review or were given an opportunity to get one. Title 17 stated those with animal special conditions shall not be required to get a CUP if they were inspected annually and provided an inventory of animals. That part of the ordinance was left out of the back-up both here and at the RPC. Also left out were the definitions of animal special conditions as they existed in 2007 through 2014 when Title 17 was changed to match Title 6, and animal special conditions were not part of Title 6 until 2013. Mr. Shoemaker also noted no site visit was done by Planning. Finally, he stated animal enclosures were not species specific and adding an animal or increasing inventory was an intensification of use, not an expansion. July 18, 2017 10. 11:00 For Possible Action — — Public Hearing, discussion and deliberation on AP-201 7-00001 3-Cont’d.

Commissioner Schinhofen

said the prior motion was to get a CUP if required. The grandlathered use went away not only on expansion but legal non-conforming. The applicant said the bobcats and the fennic fox were illegal, therefore the grandfathering was broken. He pointed out that alt of this went away if the applicant got a CUP.

Commissioner Wichman

said she understood the agenda item to be an appeal of the Zoning Administrator’s decision and it was the Board’s job to determine if he did his job and made the right decisions using the guidelines he was given through the County, through zoning, through the RPC, and the State and federal regulations. She said the argument needed to be made whether or not he violated any of the guidelines he was given to make that decision.

Mr. Shoemaker

questioned how a decision could be made without the definition of animal special conditions. Abbey Hedengren, the owner of five special condition animals since 2005, said he failed to see that there had been any expansion whatsoever, meaning larger cats. In 2008 there were nine and today there were five. He admitted there had been changes to the number sometimes to accommodate the needs of the County when they asked him to house an animal on their behalf. Also, caging may have changed because he did like to improve the environment for his animals or the safety of the community, but that was the only activity that occurred. As far as the bobcats, they were hybrids and there were no specific requirements within the State for hybrids other than wolves. Regarding the fox, he said that was Ms. Freeman’s animal and was not part of the special condition animals. He indicated he and Ms. Freeman have decided to go in separate directions and he asked the Board to allow him to continue for the time being to keep his animals there and work with the County instead of making him go through this process. When he did move he would have no problem getting the CUP. Harley Kulkin pointed out this agenda item was only about whether or not they expanded their “grandfatheredness.”

Commissioner Schinhofen

said taking in an illegal animal was an expansion.

Mr. Kulkin

stated he would make a complaint to the Attorney General’s Office about this. He asked the Commissioners to explain how they expanded when there were only five animals and there used to be more.

Commissioner Wichman

explained this agenda item was an appeal of the Zoning Administrator’s decision and that was all the Board could consider.

Mr. Kulkin

said it was not legally required. July 18, 2017 10 11:00 For Possible Action — — Public Hearing, discussion and deliberation on AP-201 7-00001 3-Cont’d.

Commissioner Wichman

pointed out how much assistance had been offered to Mr. Freeman and Mr. Hedengren to get the CUP. In the length of time they spent coming back to the Board with appeals they could have had the CUP. She said the Board was here to determine whether or not the Zoning Administrator did his job. It was her opinion that he did his job and she could not vote against that.

Commissioner Schinhofen

opened the public hearing. Gregory Hafen, chairman of the RPC, clarified there was no time limit placed on the appellant and public comment lasted over half an hour for this item. He said there were other items besides the fennic fox and bobcat hybrid considered, specifically the requirement under Title 6 to notify Animal Control of additional animals on the property, which was never done. He pointed out there was also additional information presented to the Commission today and he wanted that on record if this ended up in court. Glenda Paschke said she had lived across the street from the cats in question since 1998.

Mr. Sutton

confirmed Ms. Paschke spoke at.the RPC level and cautioned her to not speak on anything beyond what she said there.

Ms. Paschke

said not much was mentioned about the petition they had with close to 100 names on it.

Commissioner Schinhofen

explained if this Board voted a CUP was needed they would have to go back before the Planning Commission and then Ms. Paschke could list the reasons why she did not want the animals there.

Ms. Paschke

stated large cats like that were against the law in a neighborhood with children. They wanted the Board to do what was right and they did not want them grandfathered in. Lyle Burfield noted Chapter 17.04.07.905(b) said a grandfathered use of land or building shall not be extended or expanded or additional structures added as set forth below. Minor modifications, incidental repairs, and necessary maintenance were permitted. He said the 2007 aerial photo showed three enclosures, the 2010 picture showed four animal enclosures, and the 2015 picture showed what appeared to be five animal enclosures which was a blatant disregard of the grandfathered clause. Zuzana Kukol believed the Planning Department failed to do their job. Conexes had nothing to do with CUPs or animals and was not a reason to remove grandfathering. Cages were also not regulated. She stated they did not have more special condition July 18, 2017 10. 11:00 For Possible Action — — Public Hearing, discussion and deliberation on AP-201 7-00001 3-Cont’d. animals so they did not expand and if the Commissioners did not think Planning failed them then they were not doing their job either.

Commissioner Schinhofen

closed the public hearing.

Commissioner Cox

asked about the activities that could be considered expansions.

Mr. Lacy

said the violations were legal non-conforming use; the requirement to follow all state/local/federal laws; the expansion of the number of animals after 2007; new animals brought on without notification were Title 6 violations; expanded facilities as well as special conditions animal, new species (violation of State law); and expansion of having new species of animals (bringing leopards on). He understood some of the expansions of the grandfathered use may have been in cooperating with Animal Control which was why he offered assistance with the CUP which provided more flexibility than a grandfathered use.

Commissioner Cox

could not see where they actually violated by expanding their buildings as the the property did not look any different to her than it did originally. She also did not think it was the Board’s job to enforce state and federal laws for animals. She felt there was nothing legally here the Board could address that they willfully committed any violations of the laws and there were some people who absolutely jumped the gun and did things they should not have done that the County would be liable for. Commissioner Cox would like to see this made a dead issue today by voting against the motion and letting these people go home and take care of business.

Commissioner Schinhofen

stated a lot was heard about the rule of law today. He voted against this before because in his opinion they had violated their grandfathered use by bringing in an illegal animal.

Commissioner Borasky

so moved; seconded by Commissioner Koenig.

Commissioner Wichman

expressed her wish to have them put off to the next meeting in Tonopah as she would be gone next week. July 18, 2017 The motion to put items 20, 22, 24, 34, 39, 40, 41 and 43 off until either the next meeting or a special meeting next week passed with 5 yeas. 11. 11:00 — For Possible Action: ha. For Possible Action Public Hearing, discussion and deliberation regarding Special Use Permit Application SU-2017-000037: a request for a Special Use Permit to allow the cultivation of retail (recreational) marijuana in addition to medical marijuana, on property located at 340 E. Mesquite Avenue, Pahrump, Nevada. Assessor Parcel Number 029-601-28. Applicant— NCMM, LLC. Agent— Justin Mohney. Manager, NCMM, LLC. lib. For Possible Action Public Hearing, discussion and deliberation regarding Special Use Permit Application SU-2017-000038: a request for a Special Use Permit to allow the production of retai! (recreational) marijuana products in addition to medical marijuana products, on property located at 340 E. Mesquite Avenue, Pahrump, Nevada. Assessor Parcel Number 029-601 -28. Applicant — NCMM, LLC. Agent Justin Mohney, Manager, NCMM, LLC. Darrell Lacy, Planning Director, said the Board gave him the approval to grant recreational licenses for the people in operation in good standing, but NCMM had violations which had to be corrected and this was now beyond his temporary authority.

Commissioner Schinhofen

noted they were originally approved for medical, but they had not grown one plant yet. He would like to see them grow some medical and then come back and ask for retail.

Commissioner Koenig

made a motion to deny SU-2017-000037 and SU-2017-000038; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened the public hearing. Dwight Lilly said if the applicant could not comply with the original instructions then the application should be denied in his opinion. Justin Mohney, Manager of NCMM, LLC, said he was aware of their deficiencies which they had fixed, one of them being the fence that was blown down multiple times in bad weather. They had to use the money from what they produced to get that fence back up. In response to Commissioner Schinhofen’s question, he advised they had produced some concentrates and some shatters and had done deliveries.

Commissioner Schinhofen

asked if the Sheriff had their traffic plan as he had never heard of anything being moved.

Mr. Mohney

said they notified the State and he asked his security advisors at the time who were aware of the laws and they assured him the security and transportation plans July 18, 2017 11. 11:00 — For Possible Actlon:-Cont’d. ha, For Possible Action Public Hearing, discussion and deliberation regarding Special Use Permit Application SU-2017-000037-Cont’d. fib. For Possible Action Public Hearing, discussion and deliberation regarding Special Use Permit Application SU-2017-000038-Cont’d. were done and through. He admitted they moved one without the Sheriffs Office, but they were approved by the State.

Commissioner Schinhofen

said he was concerned with the County rules as when they did an inspection there was no one on the property even though they were supposed to have 24-hour security and cameras. Chad Engle, a direct employee who had taken over as head of security, said he had brought on new personnel and set new policy and procedures in place. He had been with the company about five weeks and in that time the fencing had been repaired, there were roaming patrols 24/7/365, and active monitoring of the cameras. The Sheriffs Office was also able to remote view into the cameras now.

Commissioner Schinhofen

said his concern was the applicant originally came in for medical, but he had not seen any medical produced. All he was asking was to give him a couple months of medical, show him they were going to do what they said originally, and then come back. Jan Jensen said this had been a learning process and she felt that they were definitely ready. She stated they needed the recreational and not getting that would set them back. The State approved their retail and was waiting for the County approval.

Commissioner Wichman

asked if the State had a timeframe on that approval. Valerie Small, an agent for NCMM, LLC, thought the 90 days started at the end of June. John Bosta suggested the Board take into consideration the supply and demand as on the first day of recreational sales the supply sold out. Debra Strickland said they had been licensed medically and could have been performing, and they did some processing which showed intent. Since they had everything in place she thought the Board should give them the recreational to get the tax dollar.

Commissioner Schinhofen

closed the public hearing.

Commissioner Koenig

withdrew his motion; Commissioner Wichman withdrew her second. July 18, 2017 11. 11:00 — For Possible Action-Contd. ha. For Possible Action Public Hearing, discussion and deliberation regarding Special Use Permit Application SU-2017-000037-Cont’d. hib. For Possible Action Public Hearing, discussion and deliberation regarding Special Use Permit Application SU-2017-000038-Cont’d.

Commissioner Koenig

made a motion to approve SU-2017-000037 with the condition that they come back in three months and show proof of what they were doing and violate no laws between now and then; seconded by Commissioner Wichman.

Commissioner Borasky

stated he was going to stay consistent with his position. Recreational was not legal at the federal level and he would not suppor t any organization that would sell or deal with recreational marijuana.

Commissioner Koenig

restated his motion to approve SU-2017-000037 and SU-2017- 000038 with the condition that they come back in 90 days and they violate no rules now or ever; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted no. 12. 11:00 — For Possible Action: 12a. For Possible Action Public Hearing, discussion and deliber ation regarding Extension of lime Application ET-2017-000026: a request for an Extension of Time of a Special Use Permit to allow a medical marijuana estab lishment (cultivation) at 6041 S. Hafen Ranch Road, Pahrump, Nevada. Nevada Natural Medicines Applicant. Scoff Sibley Agent. 12b. For Possible Action Public Hearing, discussion and deliber ation regarding Extension of lime Application ET-2017-000027: a request for an Extension of Time of a Special Use Permit to allow a medical marijuana estab lishment (production) at 6041 S. Hafen Ranch Road, Pahrump, Nevada. Nevada Natural Medicines Applicant. Scott Sibley Agent.

Commissioner Koenig

made a motion to approve Extension of Time Application El- 20 17-000026 and ET-2017-000027 for one year; seconded by Comm issioner Wichman.

Commissioner Schinhofen

opened and closed the public hearing. July 18, 2017 12. 11:00 — For Possible Action-Cont’d. 12a. For Possible Action Public Hearing, discussion and deliberation regarding Extension of Time Application ET-2017-000026-Cont’d. 12b. For Possible Action Public Hearing, discussion and deliberation regarding Extension of Time Application ET-201 7-000027-Cont’d.

Commissioner Borasky

stated considering there were over 200 people in Commissioner Schinhofen’s district against this he would continue to vote against it on their behalf.

Commissioner Schinhofen

explained one of their principals passed away and they had many problems with contractors so they were asking for an extension of time on their medical. Darrell Lacy, Planning Director, advised they had their certificate of occupancy now and could start with plants as soon as this was approved.

Commissioner Koenig

made a motion to approve ET-201 7-00025, a request for an extension of time for 30 days; seconded by Commissioner Wichman.

Commissioner Schinhofen

opened and closed the public hearing.

Commissioner Koenig

made a motion to approve zone change ZC-201 7-000013; seconded by Commissioner Cox. July 18, 2017 14. 11:00 For Possible Action Public Hearing, discussion and deliber ation regardIng Zone Change ZC-201 7-000013-Cont’d.

Commissioner Borasky

disclosed he knew the owner of the property but had no financial ties with him. Commissioners Wichman, Koenig and Schinhofen stated they knew him also.

Commissioner Schinhofen

opened and closed the public hearing. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Botasky

assumed the Chair of the Licensing and Liquor Board. BROTHEL 17. For Possible Action — Discussion and deliberation of existing Brothel License renewals for 201712018.

Commissioner Schinhofen

said his intention was that all brothel licenses and their associated liquor licenses be renewed temporarily until the August 1, 2017, meeting as some of the brothels had yet to comply with the Code stating no off property advertising of the businesses. He had given photographs to the Sheriff and the District Attorn ey a few weeks ago so if the owners had any questions they could check with them.

Commissioner Schinhofen

made a motion to approve temporarily until the August 1, 2017, meeting at which time all fees also needed to be paid.

Commissioner Wichman

noted the back-up contained fees that went back years. She asked for a friendly amendment that they need to pay the current fees and not what was put in the back-up.

Commissioner Schinhofen

amended his motion to approve the brothels tempor arily until the August 1, 2017, meeting when they would all comply with the signage, the names of the bars and brothels, and all fees would be paid at the current rate; second ed by

Commissioner Wichman

. Callie Stark from the Sheriff’s Office explained the list given to the Board was of the fees collected from the previous year per County Code, so all of those fees were from July, 2016 through June, 2017. The current year’s new fees would be listed on this sheet, which would start as of July 1 and the Board would see that on this next year’s list. There was discussion about how the list was confusing. Pam Webster suggested revising the list to show the licenses to be renewed along with a column showing prior year fees collected and another column showing current year fees to be collected. July 18, 2017 17. For Possible Action Discussion and deliberation of existing Brothel Licens e renewals for 20171201 8.-Cont’d.

Commissioner Schinhofen

made a motion to approve all on the list except for everyone associated with a brothel as some had still not complied with changing the name substantially from the brothel, including the Cherry Patch which was the name of a former brothel, and renew those brothels temporarily until August 1, 2017; seconded by

Sheriff Wehrly

; 6 yeas.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissione rs. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 19. Committee Reports There were none. 20. For Possible Action Discussion and deliberation regarding the prioritization of capital projects funded from the Town of Pahrump General Fund. This item was put off until either the next meeting or a special meeting next week. 22. For Possible Action Discussion and deliberation to terminate the contract with Parallon Collection Services for collection services for Pahrump Ambulance. This item was put off until either the next meeting or a special meeting next week. 24. For Possible Action Discussion and deliberation to approve a Memorandum of Understanding between the Town of Pahrump and the Pahrump Valley Chamber of Commerce to set the terms and understanding with regards to the Pahrump Fall Festival. This item was put off until either the next meeting or a special meeting next week. July 18, 2017 BOARD OF COMMISSIONERS 34. For Possible Action Discussion and deliberation to set goals for and provide direction to the Nve County Water District Governing Board. This item was put off until either the next meeting or a special meeting next week. PLANNINGIBUILDING

Commissioner Koenig

said this was before the RPC, who granted their waiver for unimproved parking. He noted that Zolin Avenue would be paved where the entrance was and the rest of it would be like the other mini-storage facilities done in the last year so there would be people living on site.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Borasky

asked the applicant if they would make sure the area was watered down every once in a while to keep the dust out of the air. Debra Strickland said yes, they had several water twcks to take care of that.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Koenig; 5 yeas. 36. For Possible Action Discussion and deliberation to designate the location for sales of real property made pursuant to NRS 1 07.080 due to the enactment of SB 267, which amended NRS 107.081(2) to require that all sales of real property conducted pursuant to NRS 107.080 (“Auctions”) be held at a public location in the county designated by this Board.

Commissioner Schinhofen

said the law stated these had to be at the County courthouse. That law had changed so the Board could designate a separate place and the motion before the Board was to designate the chambers in Pahrump.

Commissioner Koenig

asked why they were not held at the courthouse instead of chambers.

Commissioner Wichman

asked if they could be held in two different places.

Commissioner Schinhofen

said he asked that question too, but until he could get that answered he was asking that this be designated.

Commissioner Wichman

asked if the law stated an auction could not be held in Tonopah for land up there. Lorina Dellinger explained the NRS did not provide for two. It just stated all sales of real property must be made at a public location so staff recommended one location.

Commissioner Wichman

made a motion to designate the place for sales as the Commissioners’ chambers; seconded by Commissioner Borasky. Sam Merlino advised that sometimes people sit outside for very long periods of time so if the Board made it in the Commission chambers they should be prepared as it could go on for a little while. She suggested designating certain days that did not conflict with other things.

Commissioner Koenig

made a motion to ratify Brad Adams; seconded by Commissioner Wichman; 5 yeas. 39. Nuisance abatement update. This item was put off until either the next meeting or a special meeting next week. 40. For Possible Action Discussion and deliberation to set a date, time, and location for a Public Hearing on the fair market value of parcels of land owned by Nye County. This item was put off until either the next meeting or a special meeting next week. FINANCE 41. For Possible Action Discussion and deliberation regarding Debt Management Policy Statements for Nye County entities for Fiscal Year 201712018 pursuant to NRS 350.013. This item was put off until either the next meeting or a special meeting next week. PUBLIC WORKS

Commissioner Cox

was not present.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 4 yeas.

Commissioner Wichman

asked for an agenda item to consider SB305, which was about changes to the Recorder’s fees. Regarding nuisance complaints, she directed staff to include in that item what was taking place with the County property in Beatty.

Commissioner Schinhofen

said there would be other nuisances coming forward and he would like staff to tell the Board how to fast track those if they had been in Code Compliance for six months.

Commissioner Wichman

noted the County had a contract with NDF and could also use people who had to do community service, so there were a number of options. She thought maybe this could be sped up by having one person in charge of following a nuisance through.

Commissioner Schinhofen

said he had been told by people who live on Mt. Charleston that they would like Public Works to put out strips on Mt. Charleston between Pahrump Valley Boulevard and Calvada and Turner and Quarter Horse. He was getting multiple complaints of people speeding on those roads.

Sheriff Wehrly

said she would like those facts and numbers also. Her office had been going with public complaints, but she would prefer a traffic study. Pam Webster said Public Works heard the request and would get on it. Sam Merlino advised a bill passed that the State would grant the County half of the cost of the election equipment. The equipment would run about $450,000.00 and it was necessary. Mrs. Merlino said she would work with Pam Webster. She had two proposals as there were only two certified vendors in the State. Additionally, she advised her office was working on a deadline to start opening again until 5:00 p.m. Mrs. July 18, 2017 6. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslaqendas)-Cont’d. Merlino knew it had been a hardship on the attorneys, judges and public, but it was very helpful to the office to get the employees trained.

Commissioner Schinhofen

adjourned the meeting. APPROVED this IY day ATTEST: Of ‘VJGVS1 ,2017. #*f’(? NyelCoury Clerk / Deputy O7/P1I1 3 Last year I brought to the attention of the Commissioners that when a citizen reads a written statement at public comment and requests it be entered in to the minutes that the law mandates they do exactly that. District Attorney Angela Bello responded to

Commissioner Schinhofens’

inquiry as to whether they had to do this saying,”it will be in the minutes” This is mandated for all public entities including the water board, Committees, etc. Thus began a new era of record keeping for Nye County. It is the intent of the law and yes, common usage, that public comment is included in the minutes in the sequence of the agenda when they are made. That was not what Commissioners did. They put the comments at the end of the minutes. What chutapah. That’s not the end of the story. Commissioners decided to place public comment only at the end of Commission meetings. If you look at the audience at that time, most if not all have left. That was the strategy. It is now at the beginning of the meeting again. A citizen, Herman Lewis, thanked the commissioners for restoring public comment at the beginning. You shouldn’t be thanked for doing what is tight. That is done at election time. I do not practice law but I have my opinion as follows: I now urge the Clerk and the District Attorney to correct the practice of placing the above referenced comments at the end of the minutes but at the beginning, in their proper place in the minutes, tight in the sequence of the agenda where they are made. Now what about this issue of the gold fringe on the American flag. There has been much said about it. The first recorded use of fringe goes back to 1835. There does not appear to be any law about the use of this gold fringe. There is however an opinion of the U S Attorney General that it is at the discretion of the Commander in Chief of the Army and Navy. This appears in Title 4 of U S code law books and seems to be a source for claims that it is a military flag, not civilian. Dwight Eisenhower in his executive orderl 0798 wrote Sec 5(b) “The colors carried by troops, and camp colors, shall be the sizes prescribed by the Secretary of Defense for the Armed forces of the United States and the sizes of these colorsshall not be subject to this order.” Now when you go to court there is a flag with gold fringe. There are claims that it means you are in a court of Admiralty, the law of contracts and of the seas, not of the United States Constitution. Suggested reading Gold Fringe on the U S Flag because there seems to be some validity to the claim. Submitted for inclusion at the proper place in early public comments of the minutes. Andrew Alberti Jr j%_z J, 2-V 1 5/4 t Humane: marked by compassion, sympathy, consideration for other humans or animals’ Respect: act of giving particular attention; consideration Responsible: liable to be called on to answer Do you understand the relationship between the three words above? .when . thinking about giving livestock—horses, pigs, goats, etc—that do not live in your home? All these animals have be domesticated so humans can control them in every aspect of their lives. They used to migrate to cooler places in the summer and warmer places in the winter; they used to seek “shelter” from weather they didn’t like. TODAY they are behind fences —no choices, waiting for humans to feed them and provide water——protectioj extreme weather.. .doubfful. 4( t NOW I am requesting for a law that explains that being humane to outdoor animals includes a statement ‘ . . .giving creatures the OPTION to seek shelter.. from weather that even humans do not want to be in for many .“ hours of the day, day after day; and “.provide sufficient CLEAN, drinkable water throughout the day...” These creatures work hard for humans many ways... .providing strength, love, protection; so give them the protections from very hot days to very cold windy days. When animal owners do the respectable work for outside animals, ANIMAL CONTROL officers will not need to do a lot of work... NEiGHBORS and other helpful people can help by working with owners.... HELP THY NEIGHBOR and built a better town. Train the proper ways to the owners and neighbors..dispense good teaching —less police are needed. Penalty would be to build the shelter immediately..there are many helpful businesses and people who will probably help.