October 16, 2018

Mr. Jones

had obtained an e-mail chain regarding the donation and it appeared to him that the only thing required was a request from Commissioner Wichman for the funding. He believed the Commissioners needed to take a very close look as to how the restoration of the Belmont Courthouse was being handled by the County. October 16, 2018 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. Janice Berard asked that her written comment be included in the minutes (see Attachment 2). She spoke of how the Belmont Town Advisory Board had several times had an agenda item regarding the rock house owned by Nye County. On two occasions it had been suggested that Commissioner Wichman be approached by the Belmont Saloon owner for a S20,000.00 grant so the project could be done, Ms. Berard pointed out that the rock house property was the same property that the County had tried to sneak a special utility easement on for the benefit of the Belmont Saloon in 2017, which resulted in an Open Meeting Law (OML) violation for the County. She had numerous questions about the rock house project, such as why the sudden interest, the proposed use, liability issues and historical issues. Ms. Berard wondered if this $20,000.00 project was another veiled attempt by the County and other Belmont residents to allow the owner of the Belmont Saloon to quietly install a septic system on the Nye County property while simultaneously rebuilding the historic structure. John Bosta asked that his written statement be included in the minutes (see Attachment 3). On October 2, 2018, he had requested the marijuana revenue figures, but had not received them yet. The estimated amount was more than $675293000 and Mr. Bosta wondered when the money would be deposited into the unincorporated towns’ accounts. Louis DeCanio said he lived in Desert Greens. When new manufactured homes were put on empty lots there the Code stated there must be a five foot easement on both sides of the home, but at the present time concrete driveways were put up to the property line with no easements at all. He pointed out how he had converted his home, but new manufactured homes at Desert Greens were being sold to people who had to lease the property from the developer. The Code clearly stated all manufactured homes must be converted to real property, but Mr. DeCanio asked how that was possible when the people did not own the land. He had not been able to determine why the Codes were not being enforced in Desert Greens by Planning or Code Compliance. Since they were not doing their job Mr. DeCanio asked the Commissioners to look into the fact that building codes were not being followed and the responsible departments were approving new homes that did not meet Code requirements at Desert Greens. Richard Goldstein stated one of the jobs of the Commissioners was to enact rules, regulations and laws. He found it very disheartening when one of the Commissioners was charged with violating two of the regulations which they helped enact and were sworn to enforce. T.J. Moore, former madam of the Love Ranch South and the Alien Cathouse, discussed the August 7, 2018, meeting where Commissioner Cox stated that she did not believe it was fair to take action at that time since Dennis Hot was out of state through no real decision of his own but the decision of his doctor. Ms. Moore stated that unfortunately October 16, 2018 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.

Commissioner Cox

was either misled or had intentionally Tied that day. Mr. Hot was interviewed by the BBC on August 6, 2018, at the Moonlight Bunny Ranch and again on August 7, 2018, at his trailer on the property where he lived. Ms. Moore thought this kind of untoward behavior by a Commissioner must stop. She asked for an investigation into Commissioner Cox as she appeared to be helping Mr. Hot unethically and felt Commissioner Cox should recuse herself from Hot issues immediately. Ms. Moore told Commissioner Cox she owed the Board and the citizens in Nye County an explanation and an apology for lying that day. Dakota Johnson told the Board of an incident she had with Lieutenant David Burochowitz and a Latino female deputy on September 29, 2018. Ms. Johnson was disabled and she explained the Sheriff’s Office had responded to a call from her residence. While she was waiting for someone to pick her up, the deputy told Ms. Johnson to stand in front of the patrol car, which she did. Lieutenant Burochowitz then told Ms. Johnson she was going to jail and pushed her over the hood of the car She said Lieutenant Burochowitz got physical with her and did not understand her disability. Diane Southworth provided an outreach meeting update. The bus service was back to Monday through Friday as they had more need during the week, but they hoped to expand the hours. The Holiday Task Force was working on Thanksgiving and Christmas brunch, the food pantry had served over 8,000 people, and the gentleman who did showers and water gave 3,465 gallons of water plus nine showers. Some other things going on included a prescription drug take back at Smith’s on October 27, 2018, a no-cost diabetes workshop which started on October 11, 2018, NyE Community Coalition’s Haunted Acres Family Night on October 25, 2018, and the Roosevelt- Kennedy Dinner on October 27, 2018. Carolee Werner talked about 341 South Cimarron Place in her subdivision which was collecting cards, trucks, trailers, and other types of vehicles and appeared to be running a repair business from the home. There was a consistent turnover of vehicles and at times up to 15 or more in the cul-de-sac, If emergency vehicles were needed they would not get in, She said talking to the resident only led to a verbal confrontation. Ms. Werner hoped the Board would look into the situation with a legal solution and restore her subdivision back to being clean, quiet, and safe. She asked that her written statement and pictures be included in the minutes (see Attachment 4). Tom Waters, chairman of the Prostate Cancer Support Group for Pahrump, let everyone know they met the fourth Thursday of every month, except November and December. This month’s meeting was October 25, 2018, from 6:00 p.m. to 7:30 p.m, at Desert View Hospital. October 16,2018 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. Dawn Duncan played a recording of a song by Commissioner Schinhofen in which he called Dennis Hot a tool and then read the definition of a tool. Ms. Duncan felt

Commissioner Schinhofen

had let his personal prejudices, bias and opinions against

Mr. Hof

interfere with his professional ability to sit and vote effectively on the Board. She asked Commissioner Schinhofen to explain how his vote to have Mr. Hof’s paid liquor and brothel licenses revoked was not discriminatory. Ms. Duncan then advised the Board that Ti. Moore was employed at the Love Ranch and on many occasions she saw Ms. Moore taking prescription pills from the girls and Mr. Hot was made aware of that. Wade Hinden, a member of the Private Well Owners of Nye County, advised the future looked very grim for well owners in the County as the State’s plan was to put meters on wells. He said if people bought property here 10 or 20 years ago and were planning on moving here it was going to cost them a significant amount of money to drill a well because there was no dollar value on a water right. Zach Hames stated that in his absence at the last meeting one of the Commissioners talked about an open court case and they probably should not do that. Dwight Lilly said at the November 3, 2018, cooperative well owners’ meeting he would show a film entitled “Water and Power in California Iced’ and encouraged people to come and watch it. Leo Blundo pointed out an agenda item was listed twice, items 19 and 27. One was under the regular agenda and the other was under consent. He believed people would want to speak on that

Commissioner Wichman

explained one was for the County and one was for the Town of Pahrump. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

advised an engineer’s estimate of construction for the Belmont Courthouse came in last week a S50,000,00. She would talk with Savannah Rucker to move forward on that as it was approved over a year ago in the County’s plan from the October 16, 2018 5. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslaqendas)-Cont’d. Friends of the Belmont Courthouse. Further, there was no request from anyone in Belmont for money for a generator room or house. The OML violation was for an agenda item that had missed a number on the APN which became moot because the item was not necessary and it was removed. As to John Bosta’s concerns,

Commissioner Wichman

pointed out that there were no public services, no policies, no codes, and no licensing process in Amargosa Valley, and that was where the fees from the licensing went to. Once there was a town that provided all those services

Commissioner Wichman

was sure the structure would be different for the handling of the money. She then told Carolee Werner to file a nuisance complaint with the Clerk’s Office so the Board could handle the concerns with the property. Lastly, Commissioner Wichman stated Order 1293 from the Sate Engineer’s Office had been replaced by Order 1293A and suggested people read that one.

Commissioner Schinhofen

told John Bosta that the County was looking into the marijuana revenue and when the determination of what needed to be done was made the County would follow the law. As far as his song, Commissioner Schinhofen explained he wrote, recorded and produced it on his personal cell phone and sent it to a few friends, one of whom worked for KNPR. That friend asked Commissioner Schinhofen to come on KNPR where he said what he said. Commissioner Schinhofen still stood by his statement that his personal feelings had nothing to do with it. PUBLIC PETITIONER

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen. October 16, 2018 37. For Possible Action Discussion and deliberation regarding a fund donation request in the amount of $16,000.00 to Homeless Response of Nevada for program funding for the Veterans Service Dog Proqram to be funded from 10210 Veteran Services Department-Cont’d.

Commissioner Schinhofen

was concerned the dogs would be given to homeless people who could not afford the food and other things.

Commissioner Cox

asked if Mr. and Mrs. Wright had checked to see if the veterans had a program that covered the dogs.

Mrs. Wright

said they had and at this time there was up to a two year waiting period and the veterans would have to go to Las Vegas. The program was three days a week and the veteran would have to attend those training sessions. The applicants would also go through a process with the provider and there was a ten page application that had to be completed by a physician to confirm they could acquire the dog. A second recommendation was required, followed by a face to face interview and a home visit. She said the dogs would be given to veterans who had the need and the financial ability to provide for themselves and their dogs. Jose Telles from the Marine Corps League in Pahrump, Detachment 1199, said he had the opportunity to sit down with the Wrights and Colonel Waters. One of the things that concerned him was the dog as there were veterans that would not be able to have a dog, but Detachment 1199 thought it was wonderful idea. Mr. Telles thanked the Commissioners for everything they did for the veterans.

Commissioner Koenig

reviewed the procedures for this appeal hearing. He said back up had been provided for the item.

Commissioner Schinhofen

made a motion to accept the back-up documents; seconded by Commissioner Wichman; 4 yeas. Karl Mitchell, the appellant, and his attorney Arlette Newvine were present.

Ms. Newvine

said on July 3, 2018, she received via service for her client the original denial letter for the special conditions animal permit which was separate from the CUP. That was originally stayed and some meetings were held after which an amended denial was submitted which was a little thicker. She received back-up on the internet on Thursday and there were substantially more pages to that denial than the others along with 85 pages of exhibits she had never seen before. Ms. Newvine’s interpretation of this was a second amended denial and if the Board saw that as well then her client was entitled to service of that, which was not done per the Code. She felt this was a one- sided investigation and did not allow anyone due process to defend it. MarIa Zlotek asked Ms. Newvine once she received and looked at the back-up if she compared it to the amended denial documents that were received.

Ms. Newvine

stated 1 through 5 of the numbers were the same, but 6 through 82 were brand new, although there might be one or two pages she had seen. Nevertheless, Ms. Newvine said her client was entitled to service.

Ms. Zlotek

and Ms. Newvine discussed the various pages that were missing or entirely different than anything Ms. Newvine or her client had received or been served with. October 16! 2018 7. 10:00 For Possible Action Discussion and deliberation on appeal (pursuant — — to Nye County Code Title 6, Animals, Section 6.40.010) of the Nye County Sheriff’s Office’s amended denial of a Special Conditions Animal Permit application (as required by Nye County Code Title 6, Animals, Section 6.30.030) to allow the possession of ten (10) special conditions animals (tigers) located at 6061 N. Woodchips Road, Pahrump, Nevada 89060, APN 027-241-26. Karl Mitchell/Kayla Mitchell/Big Cat Encounters Appellants; Arlette Newvine, Esq. Attorney for Appellants; Raymond Mielzynski Property Owner-Cont’d.

Ms. Ziotek

asked if the amended denial was sent to and received by Mr. Mitchell.

Ms. Newvine

responded that the direct answer was no because of a wrong mailing address. It was received by her since she accepted service on behalf of Mr. Mitchell and it consisted of five pages with three allegations of exhibiting.

Ms. Ziotek

said Ms. Newvine could present the issues she had with the amended denial she received.

Ms. Newvine

asked if the Board was not to consider pages 20 through 82 then, to which

Ms. Zlotek

responded that was the back-up the Board could refer to if necessary to rebut the issues on appeal. Ronni Boskovich added that pursuant to the appeal procedures in Section 6.40.020 the parties at the hearing had the right to introduce exhibits. It was the contention of the District Attorney’s Office that the additional pages aside from the amended denial letter were the exhibits they just introduced into evidence.

Ms. Newvine

stated if that was the position being taken then she could preserve the argument about due process as the back-up materially changed the entire denial. The denial was now being based on entirely different allegations than what she saw two days ago. She still asked the Board for a motion to give her client proper service, hut said they could still move forward today if necessary.

Ms. Zlotek

pointed out that the reasons set forth on the amended denial had not changed. The appeal was on the amended denial dated July 7, 2018, and the appellant may proceed with their appeal to move forward with the issues contained within the reasons for the amended denial.

Ms. Newvine

asked why she did not receive all of the pages even after numerous requests.

Commissioner Wichman

commented that while she hated putting things off she understood what was being said. October 16, 2018 7. 10:00 For Possible Action Discussion and deliberation on appeal (pursuant — — to Nye County Code Titles, Animals, Section 6.40.010) of the Nye County Sheriff’s Office’s amended denial of a Special Conditions Animal Permit application (as required by Nye County Code Title 6, Animals, Section 6.30.030) to allow the possession of ten (10) special conditions animals (tigers) located at 6061 N. Woodchips Road, Pahrump, Nevada 89060, APt’J 027-241-26. Karl Mitchelllkayla Mitchell/Big Cat Encounters Appellants; Arlette Newvine, Esq. Attorney for Appellants; Raymond Mielzynski Property Owner-Cont’d.

Commissioner Wichman

made a motion to reschedule this public hearing at the next Pahrump meeting and give the attorney time to go through the back-up; seconded by

Commissioner Schinhofen

; 3 yeas; Commissioner Koenig voted no. 8. 10:15 For Possible Action 4th Community Development Block Grant (CDBG) — — Public Meeting: 1) Extend deadline for project ideas to be submitted to Finance through October 25, 2018; 2) Update prioritization of proiects to December 4. 2018 Board of County Commissioners meeting; 3) Presentation of potential projects; and 4) Invite public to participate by providing ideas, comments and suggestions concerning the proposed projects. Danielle McKee, Grants and Contracts Manager, said this was simply an update. An e mail was received advising the due dates had been extended. Before the Board recessed until 1:15 p.m., Commissioner Koenig announced the passing of Dennis Hot. Commissioner Cox was not present after the recess. 8. 10:15 For Possible Action 4th Community Development Block Grant (CDBG) — — Public Meeting: 1) Extend deadline for prolect ideas to be submitted to Finance through October 25, 2018; 2) Update prioritization of proiects to December 4,2018 Board of County Commissioners meeting; 3) Presentation of potential prolects; and 4) Invite public to participate by providing ideas, comments and suggestions concerning the proposed proiects-Cont1d.

Ms. McKee

explained the intent of this item was just to inform of the date changes. The deadlines had been extended because the system they were using to process applications had made approving applications more efficient, The deadline to submit the job matrix information was now November 1, 2018, and applications were due by February 20, 2019, rather than January 15, 2019. October 16, 2018 9. 11:00 For Possible Action Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2018-16: A Bill proposing to amend Nye County Code Title 15, Building and Construction, by amending Chapter 15.28 entitled Oust Control Regulations Within the Pahrump Regional Planning District, relating to Section 15.28.090 Construction Activities and Section 15.28.160 Posting of Informational Signs on Construction Sites; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Schinhofen

made a motion based on staff recommendation to adopt Bill No. 2016-16 with an effective date of November 5, 2018; seconded by Commissioner Wichman.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Schinhofen

made a motion based on staff recommendation to adopt Bill No. 2018-20 with an effective date of November 5, 2018; seconded by Commissioner Wichman.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Cox

was present. October 16, 2018 11. For Possible Action: 11. For Possible Action Public Hearing, discussion and deliberation on MP 2018-000009: A request for a Master Plan Amendment (Minor), to change approximately 1.19 acres of property from Rural Density Residential (RDR) to Rural Development Area (RDA) for property at 3890 S Homestead Road. Pahrump, NV, Calvada Valley Unit 2, Block 40, Lot 28. Assessor Parcel Number 041 -222-15. Justin Wallin and Jamie Wallin and Family Trust Property Owner/Applicants. lIb. For Possible Action Public Hearing, discussion and deliberation on ZC 2018-000024: A request for a Non-Conforming Zone Change application approximately 1.19 acres of property from the Business Opportunity Overlay (BO) to Neighborhood Commercial (NC) for property located at 3890 S Homestead Road, Pahrump, NV, Calvada Valley Unit 2, Block 40, Lot 28. Assessor Parcel Number 041-222-15. Justin Wallin and Jamie Wallin and Family Trust— Property Owner/Applicants.

Commissioner Schinhofen

advised that at the September 19, 2018, RPC meeting a pLiblic hearing was held and a recommendation of approval for both applications was forwarded to the Board.

Commissioner Schinhofen

made a motion to approve both 11 a and 11 b; seconded by

Commissioner Koenig

opened and closed the public hearing.

Commissioner Schinhofen

asked Planning Director Brett Waggoner about the recommendation not being in the back-up.

Mr. Waggoner

advised he just heard on October 10, 2018, that the RPC voted to recommend approval 7-0.

Commissioner Schinhofen

made a motion to approve on the basis of the RPC approving MP-2018-000010 and ZC-2018-000025; seconded by Commissioner Wichman.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 13. General road report by Public Works Director. Public Works Director Tim DahI was present.

Commissioner Cox

thanked Mr. DahI for doing Dandelion and Mount Charleston.

Commissioner Koenig

asked if Pahrump Valley Boulevard was still scheduled to be done in January,

Mr. DahI

said it would be the first part of February and he asked everyone to bear with the situation while they worked to get it buttoned up. October 16, 2018 SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Wichman

assumed the Chair of the Licensing and Liquor Board. LIQUOR 14. For Possible Action Discussion and deliberation to issue a Permanent Package Liquor License to A Market located at 1971 5. Pahrump Valley BIvd, Pahrump, NV 89061. Mr. Nick Ablahad is the Applicant

Commissioner Schinhofen

noted the staff report stated all fees had been received, the local background on the applicant was conducted, and the Sheriff’s Office staff recommended a permanent package liquor license.

Commissioner Schinhofen

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

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 15. Committee Reports There were none. 17. For Possible Action Discussion and deliberation to approve withdrawing from Bureau of Land Management (BLIVI) Application NVN-88077, abandoning the Last Chance Park project. Matt Luis from the Town of Pahrump confirmed for Commissioner Schinhofen that the recommendation was to abandon the project. Mr. Luis said the project started in 2006 and had gone nowhere.

Commissioner Schinhofen

made a motion to withdraw from the Bureau of Land Management application and abandon the Last Chance Park project: seconded by

Commissioner Koenig

read a written public comment into the record from someone who agreed with this.

Commissioner Cox

said she would like to see some of the money directed to the north side trailhead.

Commissioner Koenig

asked Savannah Rucker to let him know how much money was earmarked for that if any. October 16. 2018 17. For Possible Action Discussion and deliberation to approve withdrawing from Bureau of Land Management (BLM) Application NVN-88077, abandoning the Last Chance Park project-Cont’d.

Commissioner Koenig

said he understood the problems trying to get this contract back to the Board, but getting a 44 page contract the morning of a meeting was problematic for him. His concerns with the agreement included the following: On page 5 of 26 under cash registers there was a comment that each point of sale system register shall lock in sales totals and transaction records and use counters that could be reset. Commissioner Koenig had a problem with counters that could be reset. • On page 8 of 26 under termination it stated termination of agreement with cause. The County would give 180 days written notice with cause, which meant if they were caught stealing or doing something wrong they still had six months on the contract. Commissioner Koenig had a problem with that and said normally with cause people were given 30 days. • On page 26 of 26 it talked about golf cart maintenance and payment for services, which was not really in the contract, Commissioner Koenig said that was referenced in the contract as an attachment, which to him meant the whole attachment became part of the contract so the scope of services/payment of services becomes part of the contract instead of calling out golf cart maintenance and payment for services. Danielle McKee explained the 180 days termination with cause was to help the town because if the town was just to terminate a company then it would have nobody and would need time to go through the process of finding another company. She would have to check into the counters being reset, but she imagined it was not something anyone would have access to. As far as the golf carts, she asked if Commissioner Koenig was talking about page 26 of the back-up or the agreement.

Commissioner Koenig

said that was where the problem was because the last page mentioned it. but he thought it should be in the contract rather than an addendum to the contract. He would like to see that whole section in before the signature page. October 16, 2018 18. For Possible Action Discussion and deliberation to approve the amended Golf Course Management Agreement with Pahrump Golf, LLC. for the management of the Lakeview Executive Golf Course-Cont’d.

Commissioner Schinhofen

made a motion to approve the contract changing 180 days to 60 days, changing the signature page to the last page, and with a clarification on who could reset the counters; seconded by Commissioner Wichman.

Commissioner Cox

asked why the statement “incentive management fee to be mutually determined in agreement with shared goals and visions” was in the contract.

Ms. McKee

explained that was what the contractor put in their proposal. She understood that was something to be determined when the kick-off meeting was held and goals were set and that it was kind of like a bonus schedule.

Commissioner Cox

said she had an issue with that. This was their job and they should not need an incentive to do their job. She did not want that in the agreement, but otherwise she agreed with the motion.

Commissioner Koenig

said he wanted something that said before they got anything it was brought back to the Board.

Commissioner Schinhofen

amended his motion to approve the contract changing 180 days to 60 days, changing the signature page to the last page, a clarification on who could reset the counters, and to bring the incentive back to the Board to approve;

Commissioner Wichman

amended her second.

Commissioner Cox

was concerned with setting a precedent. Savannah Rucker explained the town was trying to promote sales for the golf course so it was an incentive for them to work with the County to promote those sales.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas. October 16, 2018 29. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2018-21: A Bill proposing to amend Nye County Code Title S Business Licenses and Regulations, by amending Chapter 5.04, Liquor Regulations; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the bill into the record.

Commissioner Schinhofen

made a motion based on staff recommendation to set the pubhc hearing on November 20, 2018, at 10:45 am.; seconded by Commissioner Wichman; 4 yeas.

Commissioner Schinhofen

read the title of the bill into the record. 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. 20. For Possible Action — Approval of Elected Official Collection Report.

Commissioner Wichman

made a motion to approve items 20-22: seconded by

Commissioner Schinhofen

; 4 yeas. 21. For Possible Action Approval to set the date and location for the second January meeting of the Board of Commissioners for Tuesday, January 22, 2019 in Pahrump, Nevada.

Commissioner Wichman

made a motion to approve items 20-22; seconded by

Commissioner Schinhofen

; 4 yeas. 22. For Possible Action Approval to: 1) accept the State of Nevada Emergency Response Commission’s (SERC), FY19 Hazardous Materials Emergency Preparedness (HMEP) grant award in the amount of $24,989.79; 2) delegate authority to Director of Emergency Management, Scott Lewis, to execute the grant award; and 3) fund from 10340 Grants. There is no County match required.

Commissioner Wichman

made a motion to approve items 20-22; seconded by

Commissioner Schinhofen

; 4 yeas.

Commissioner Borasky

was present via telephone. October 16, 2018 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 19. For Possible Action Discussion and deliberation to amend the Town of Pahrump Property Use Policy.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman. Ronni Boskovich pointed out there were two versions in the back-u p. One allowed more electioneering activities than the other and the second version only allowed signs. Tim Sutton added the direction received was two different proper ty use policies. As stated, one permitted all electioneering activities as in the past and the other was just to remove the booth option as there were issues with that during the last election cycle.

Commissioner Schinhofen

made a motion to approve the first version that allowed the booths; seconded by Commissioner Wichman.

Commissioner Cox

said she had an issue with signs having to be removed within one hour of the polls closing. She thought they should be allowed to stay the entire time and have one hour to remove them after the closing.

Ms. Boskovich

believed that was on page two of the second version .

Commissioner Borasky

wondered how the Board could vote on anything if there were two different versions. He also thought this ordinance was too restrict ive and asked if the Secretary of State, Attorney General or the District Attorney’s Office had reviewed it.

Commissioner Schinhofen

believed the District Attorney’s Office had reviewed it. Dwight Lilly pointed out that the County Clerk ran for office periodically and was involved inside the polling place which would be electioneering accord ing to the definitions laid out. He wanted it clarified that in the event the County Clerk was running for re-election that the person was either excluded from the polling area or they were allowed to be in the polling area. Sam Merlino advised she had received clarification on that issue the last election cycle she was up for re-election. The Secretary of State’s Office agreed shall conduct the election, but Mrs. the statute said she Merlino said she stayed out of sight, did not touch anything, and did not tally. She stated she planned to stay as far away from the polling place as possible this year and if there were no issues that was probable, but if there were any issues she would have to be there. She had already instruc ted her workers to not say her name or tell anyone who she was. She was just the woman to talk to if there was a problem. October 16, 2018 19. For Possible Action Discussion and deliberation to amend the Town of Pahrump Property Use Policy-Cont’d. Leo Blundo felt the items in the ordinance were in opposition to the statutes that governed elections. As long as a candidate was 100 feet beyond the polling place they could hand out literature and have discussions. He strongly urged the Commissioners to reconsider and have a constitutional attorney review it. He also felt it would be best to take this up after the election.

Commissioner Borasky

voted nay. SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS 27. For Possible Action — Discussion and deliberation to amend the Nye County Property Use Policy. Ronni Boskovich pointed out there were two different versions in the back-up, the first version being more restrictive.

Commissioner Schinhofen

made a motion to approve the first version; seconded by

Commissioner Wichman

. Leo Blundo stated his comments from the previous item applied here and asked if it was more restrictive than state law.

Commissioner Koenig

said it was less restrictive.

Commissioner Schinhofen

made a motion to adopt Resolution 2018-37; seconded by

Commissioner Wichman

. Lorina Dellinger confirmed it would not be put in the paper and it had only been put on the Web site for the last couple of years.

Commissioner Schinhofen

made a motion based on staff recommendation to set the public hearing for November 20, 2018, at 10:45 a.m. in Pahrump: seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record. 31. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2018-23: A Bill proposing to amend Nyc County Code Title 9 Public Peace, Morals and Welfare, Chapter 9.20, Prostitution; providing for the severability, constitutionality and effective date thereof, and other matters properly relating thereto; and 2) Read the title of the bill into the record.

Commissioner Schinhofen

made a motion based on staff recommendation to set the public hearing for November 20, 2018, at 10:45 a.m. in Pahrump; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record. October 16, 2018 FINANCE 32. For Possible Action Discussion and deliberation regarding RFQ #2018-11 — — Drainage Study and Flood Control Design Plan: 1) accept the response from Dyer Engineering Consultants; and 2) provide direction to staff to enter into fee negotiations, to be funded from Fund 10340 Grants.

Commissioner Schinhofen

made a motion to accept the response from Dyer Engineering Consultants and provide direction to staff to enter into fee negotiations to be funded from Fund 10340, Grants; seconded by Commissioner Wichman.

Commissioner Koenig

asked who was on the review committee. Danielle McKee said the members were Darin Tuck, Cody McKee, Brett Waggoner, herself, and Vicki in her office as an impartial party. Those people were also the panel of five individuals.

Commissioner Borasky

was not present. 33. For Possible Action Discussion and deliberation regarding RFQ # 2018-12 County Surveyor: 1) accept the fee schedule submitted by Farr West Engineering; 2) enter into a contract with Farr West Engineering; 3) adopt, amend and adopt or reject Nye County Resolution No. 2018-38: A Resolution Clarifying Fees for the Provision of County Surveyor Services; and 4) fund from 10101 General Fund, which is a budgeted expenditure.

Commissioner Schinhofen

made a motion to 1) accept the fee schedule submitted by Farr West Engineering, 2) enter into a contract with Farr West Engineering, 3) adopt Nye County Resolution 2018-38, a resolution clarifying the fees for county surveyor, and 4) fund from 10101, General Fund; seconded by Commissioner Wichman,

Commissioner Cox

commented she voted against this the last time it came up and she just had some issues with it.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Cox; 4 yeas. PLANNING/BUILDING/CODE COMPLIANCE 35. For Possible Action Discussion and deliberation on Tentative Subdivision Map TM-2018-000014: A tentative subdivision map application containing 50 residential lots on approximately 84.2 gross acres, zoned Rural Estates (RE-I) and Master Planned as Low Density Residential, located at 4751 W. Adkisson Street, Pahrump, NV, within the Pahrump Regional Planning District. Assessor Parcel Number 027-501-01. L.D.O. I, LLC Property Owner/Applicant. Civilwise Services, Inc. Agent.

Commissioner Schinhofen

said before the Board considered this he would like to see a development agreement and more importantly how they were going to provide water and sewage. He stated he was not prepared to make any type of motion. Dave Richards from CivilWise Services explained this was exactly the same thing approved in the past which expired due to not being able to move forward because of the economy. A central water and central sewer system were intended where it would take effluent and re-circulate it through the property as irrigation water. It was understood that a certain amount of water would have to be rehnquished to the State under the rules of today. Mr. Richards said they did not object to that or a development agreement. He also pointed out they did not need to annex into a water and sanitation district.

Commissioner Koenig

asked if they had water rights for enough water to take care of this or if they would have to get more.

Mr. Richards

said they had some water rights, but not enough to do this. Their intention was to buy the water rights, but the price had gone sky high since the resolution by the State and they did not want to spend that kind of money until they knew they could get through this step of the process. They would need water rights to go forward. Regarding the effluent, Commissioner Koenig asked if 50 homes would generate enough effluent for the 30 acres of open land. He also wanted to make sure they were aware of the lions and tigers in the area that were there first.

Mr. Richards

explained there would be desert landscaping along the road system, but they did not intend to grow trees. October 16, 2018 35. For Possible Action Discussion and deliberation on Tentative Subdivision Map TM-2018-000014-Cont’d.

Commissioner Cox

wanted to see something put in the agreement when someone bought the house that stated they were aware of the animals being there.

Mr. Richards

said they expected the exotic type of people who would enjoy that moving into the subdivision. They were also going to surround the property with a decorative block wall for clear separation and some noise separation.

Commissioner Koenig

wanted to see something in the development agreement that mentioned the exotic animals in the area.

Commissioner Cox

made a motion to approve as is; seconded by Commissioner Koenig. Dwight Lilly, representing the Private Well Owners’ Cooperative, said the State Engineer’s position on new development was that he was not going to approve them because of the strain on the ability to recharge enough water to provide for the build-out now. There were subdivision already approved and to add more subdivisions went right in the face of the water plan for conservation. He urged the Commissioners to draw a line in the sand with this proposal as he did not think this was the time to approve this. Dave Stevens thought nothing but trash was being built in the town. Wade Hinden pointed out there were a lot of problems with water in Pahrump and he said there should be no more subdivisions in Pahrump at this time. Debra Strickland said it was very apparent from Pahrumps current status with the Division of Water Resources that water usage needed to be curtailed. She felt no mapping should be done until a resolution for those property owners who could not drill a well until they bought water rights was found. Scott Shoemaker said the last time this came up it was one acre zoning in the middle of ten acre zoning so it was kind of out of place. There were also access issues. Mr. Shoemaker said he was opposed to it, but he did appreciate being taken into consideration.

Commissioner Borasky

was present via telephone. Zuzana Kukol, owner of the property with the lions and tigers, told the Commissioners their vote was a joke. A lion’s roar could be heard for three miles and there would be 50 people calling Animal Control at 3:00 am. because of the noise. She asked the Board to reject it. October 16, 2018 35. For Possible Action Discussion and deliberation on Tentative Subdivision Map TM-2018-000014-Cont’d. Lisa Bond discussed the positive impacts of this subdivision. She was fighting for the rights of citizens to develop their properties and use their acre feet of water they were promised when they bought the land. She said she did real estate and whenever they sold property the Nye County disclosure talked about the exotic animal sanctuaries in the County. She encouraged people to visit the properties they were considering at various times to see what the noise factor was. She pointed out how this development would create 2,400 jobs. The prices of the homes would also require people to have an income of $150,000.00 or more to qualify for a loan and down payment. That would bring professional and management citizens into the community along with that income which would impact the spending on restaurants, goods and services. The larger homes would also add to the tax base.

Commissioner Koenig

commented he liked the one acre lots, but there was nothing to stop the person that owned those acres from building 84 homes on one acre lots and drilling a well for each one of them instead of a having central water system.

Commissioner Wichman

said that could be prevented if they did not have a subdivision map because right now it was one lot that was 84 acres.

Commissioner Schinhofen

said he wanted this brought back clearly defining how many water rights they would give the County and where the sewage system would be placed. He said he was not willing to support creating more lots right now.

Commissioner Wichman

offered a friendly amendment to the motion, If the Board had an appetite to pass a tentative subdivision map maybe it could be made contingent upon a full blown development agreement that outlined all the community utilities and the water system with security that there was enough water to do what they wanted to do as well as where the effluent would go and where they would pump from. After stating that, Commissioner Wichman said never mind as it would still create a subdivision.

Commissioner Cox

said she did have a few issues with the sewer effluent plant odors considering this was only 80 acres. She wondered if a compromise of 2.5 acres instead of one acre lots could be reached to cut the houses in half. She asked how much acreage a sewage treatment plant would take.

Mr. Richards

explained sewer treatment had come a long way recently with mechanical systems. He then addressed some of the things brought up. First, this was the plan here and was what they were agreeing to. They were not agreeing to split it up into 85 lots and it could not change to that at all. Secondly, the water needed for this project would be taken from the current allocations and basically two-thirds of that would be relinquished. Lastly, Mr. Richards stated even without this subdivision people who October 16. 2018 35. For Possible Action Discussion and deliberation on Tentative Subdivision Map TM-2018-000014-Cont’d. would come to Pahrump to build their houses would build houses somewhere else and use the water regardless.

Commissioner Koenig

asked generally speaking if once a tentative map was approved the Board was locked in to approving a final map assuming they spend a little money on the property. Planning Director Brett Waggoner said it was indisputably a big step toward the final map, but the Board was setting some terms today by the approval of the tentative map if they were included in the motion.

Commissioner Cox

asked if a park area was planned because comments were made about putting several lots against the wall between the two properties. She was thinking if a certain amount of property was allocated for the park it could be put as a barrier between the properties.

Mr. Richards

explained the whole center area was planned as a park.

Commissioner Cox

stated her concern with the subdivision being so close to the lions and tigers and people complaining about the noise. She liked the project, but she did not want it to become a burden to the people who had been there the longest.

Mr. Richards

said it could be put in the development agreement and CC&Rs that the buyer was aware and understood and that there would be no ramifications toward the County or any department of the County regarding that.

Commissioner Cox

amended her motion to approve and include the changes

Commissioner Wichman

suggested as well as Commissioner Cox’s suggestions regarding the park and the sewer plant.

Commissioner Cox

suggested sitting down with the property owners next door to work out an agreement with them

Commissioner Koenig

amended his second to the motion to approve and include the changes Commissioner Wichman suggested as well as Commissioner Cox’s suggestions regarding the park and the sewer plant. The motion failed with 1 yea. Commissioners Koenig, Schinhofen, Wichman and Borasky voted nay. October 16. 2018 PUBLIC WORKS 36. For Possible Action Discussion and deliberation to: 1) determine that excess Nye County vehicles andlor personal property are no longer required for public use; and 2) determine it is in the best interest of Nye County to dispose of excess vehicles andlor personal property through public auction.

Commissioner Schinhofen

said the Tim Dahi had found a use for the chipper spreader on the list so it needed to be removed.

Commissioner Schinhofen

made a motion determining that the excess Nye County vehicles and/or personal property were no long required for public use and it was in the best interest of Nye County to dispose of excess vehicles and/or personal property through public auction; seconded by Commissioner Wichman.

Commissioner Borasky

mentioned he may bid on the public auction.

Commissioner Koenig

wondered why the cars were not on the list and asked if the County would ever get rid of them. Savannah Rucker said that would happen in a separate agenda item at a later date.

Commissioner Wichman

and Tim Sutton who were trying to keep the correct information out of the general public’s knowledge. Janice Berard also addressed Commissioner Wichman’s earlier statements claiming she knew nothing about the $20,000.00 project the folks in Belmont were going to possibly pursue with her help. Ms. Berard read the minutes from the Belmont Town Advisory Board meeting on August 5, 2018. Under old business was an item for an update on the possibility of reconstructing the walls of the old generator house owned by Nye County and possibly of obtaining a grant for that purpose. The discussion ended with Bud Perchetti and the owner of the Belmont Saloon to contact

Commissioner Wichman

again to discuss having the County grant writer take care of it for the town. Ms. Berard asked that those minutes be put into the record of this Commission meeting (see Attachment 5).

Commissioner Wichman

stated she could not control what other people said in other meetings. She and Mr. Perchetti knew each other very well and served on several different commissions together, so Mr. Perchetti may have been confident enough to tell people he could ask Commissioner Wichman for the money to do this. However, no one called her for any money about anything and if someone did she would bring it to the Board for public discussion. Secondly, regarding her statements about the services in Amargosa Valley, Commissioner Wichman said there was no animus or derogatory remark made about Amargosa Valley. Her responses were to Mr. Bosta as he was claiming the money from the mariluana grows was supposed to go back to Amargosa Valley. That would be done as soon as they provided the services that Nye County provided and paid for in order for those grow operations to be out there. Currently the County provided all the licensing, meaning staff and a department. The County provided law enforcement for all of them in the County and those services were not provided by any community. Commissioner Wichman said until someone told her differently those were the directions from the Department of Taxation. October 16, 2018

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of Lt 2018. /t-j :; (2 z Chair 4/’ Nye’Count\’ Clerk / Deputy Statement for the October 16. 2018 meeting of the Nyc County Board of County Commissionei-s. Public comment section # 1. Mv name is Neal Jones. I ask that this written, prepared statement, in its entirety, be included in the minute s of this meeting. At the August 7. 2018 Commissioners meeting, agenda item #21, it was voted to give the Friends a/i/ic Belmont Coiu’/hoi,se group $50,000 of taxpayer funds. There was no background documentation for this agenda item. so I asked the Count for this information so that I would be able to know what this group wants to do to this historic piece of County property. On October 5. 2018. I received a response to this request from Mr. Arnold Knightly. Public Inlormation Officer for Nyc County. The response was; there is no background documentation for this agenda item. The County did not know. or seem to care, what this group was going to do to the Belmont Courthouse. What was provided 1w Mv. Knightly’ was an e—mail exchange between Commissione r Wichman aid several Nyc County employees, as to how this money was to he acquired from the Nyc (tn nibL era, [his e—mcii I exchange oR attached to my statement. is in scenic the S(L00t) all it took was a nice note from Conin,issionei \Vichinan to ihe County ?\inauc’r, Mi Siiion. and the vheels were immediately put inio motion to this group a get government handout. oi vhai the e—mail exchange describes as a “donation’. There were: • No appJinations • No d N at ion oc u inc • No paper trail • No plans • No scope of work • Nothing Sounds like another tiasco. similar to the windows for the Courthouse. This. to inform the public, was an S 80,000 project. on a County building. of which no bids were ever obtaine d. It was just handed to the local roohng contractor, someone with no experience in histori c preservation. Of course. the Friends v/i/ic Belmont Coin/ho use group is also headed up by some of

Commissioner Wichn

,an’s fricnds. some of the very same people who had vells drilled in I3elinont, far too close to their septic systems and now show increasing or ele’.ate d levels of nitrates in their well water. Please note that I wanted the State to do a thorough investigation of these illegal well drilling activities, to protect the health, safety and water quality of our town. But at the September 5. 2017 Commissioners meeting. Commissioner Wichman said to representatives from Vevudo Division of Fm’iionnienta/ Thy/er/ion and Ent’ii’on;nentul Ike’i//i that she did not think the State should “vaste their valuable resources” and look into these activities. ATTACHMENT 1 Now these same friends of Commissioner Wichman are being funneled taxpayer funds without any requirements for transparency, documentation, oversight or even person al responsibility. I believe the Commissioners w-ho are not directly involved in this SNAF U. as well as the two commissioners who will be coming on board in January, should take a very close look as to how the restoration of the Belmont Courthouse is being handled by the Counts ’. Make sure that the’ abide by the existing County Code and State laws and provide thorou gh documentation for their intended activities, before they are given any taxpayer funds or doing any work n the Courthouse. Why does this type of County behavior continue to be a re—occurring theme in Belmont? What is the problem with having transparent government which would make the Count accountable for their actions and the taxpayers’ money they spend? The Belmont Courthouse does not belong to the Ft/ends v/the Belmo nt Coinihou.ve. Nor does it belong to Commissioner Wiehman. It belongs to the people of Nyc Count. Thank you for the opportunity to speak at this meeting. Neal Jonc ujpjjcj t7L4gmuLcppj 1O.5’208 Gnia,I - Re: Nyc County records request NI Omail Neal Jones <njones14791grnail.com> Re; Nye County records request 1 rnessa9e Arnold Knightly <aknightlyco.nye.nv.us’ Fri. Oct 5. 2018 at 4:11 PM To: njonesi4791@gmail.com” <njonesi479l@arnai.cotn> Dear Mr. Jones. Here is the response to your recoros request sort on Tuescay. Sincerely, ,iriwh! 11”!. Kniç’htij’ Public Information Officer Nyc County Administration 2100 E. Walt Williams Drive, Suite 100 Pahrump, NV 89048 775/751-4282 office 775(277-1536 cell 775/751-7093-Fax akn or tiyco 0 ye. nv us . iVve County is an Equal Opportunity Employer & P,ovic?e’ • ‘I ISIS, t’tslisttpti[t,,fI[’pt is f,tr list’ ht ItS’’ Ifltt’Iittt’tt ‘‘‘I t[itt’rif ailtt t,’lit,tsiSs fiSt,iriltafi,’pl itsit 11,1’ 1’,’ sp Is itt’gi’t I, ,‘sslptf.’csts,t] ii ,_5,v, ti:’ttlutt ltisttci Ian. SIsi’uitl flit iiitctsttti Iccipicnt of lips clctti,’nic tt’tipi1nititatit’,i bc a isicisii’t’rtii a pilisfIc [‘tidy tsittstii tilL’ —‘t,stc ‘f \t’ ada bt_’ allis that it is ,i yitilati,sn i’P lit’ \t’s atla Ci1,cn \tcctisig ass 0’ tist’ cict Ii sat 51 Itislltatittis It’ cirtttnis cut thu spit it Ill tcttci’ of thu [5pt’n \tccti sg I -an \145 Chaptct 211) to act, tititsids’ tif in spun and pubta nit’ctin:4. tttiIP a iiiattt’i civcr whi h flit’ pulL htittv tat siip”ivlsi’iIl. ctiIltrt,I. Lii [tI[t atis sill p’55t ‘ps If still alt’ not lit’ nifcntlt’ti u’t i1’a’pst 5tu a’,’ iicp,’itv to nails it,’tpt[,’tI that any usc, ttip’.’ing sr tush [sutitips it this c-mail, us Is ii ill ti_lit. Is spii, Us ipt.l,iiti’t t’tt’a’, is’’stfy Its- scppdti [it, rs’ittripu—,ps,itl and tlctclu tills c—rout hut stills cysf ‘iu Lsslcssc\ptlcttts anti ‘‘nsptu il_LI—’ d,’sp,it:.:cs -t —[‘:11th I t:sicI.,trtt ih:scca_:;t Itt-s It t-:1s::ut’ locatraci ‘hip.,, tutiact a iu,’:’1h ‘:s,’i’i I:: ,sl:a,c;ta:p,t’t’t a this t’np.:it it’’,’, s.f p’’,Sictisct”’:iscsi: :,‘li5- tisci t,’il,,’r.t’,u’,slJCtlli:,.:I:5,::tt’n I,’: tf::c :1:s:’t’’:i::,: suqlis,t’s rI,’’ iijiltit•i5 2] 18-0359AK.PDF hltps:ffmait.gooØe.cinJmfWO?Ic75t9d754b1&iew=pt&search=att&permhid=lhread-i7z3A1613526938i 10991065&s-iript=nssa-?/13fs6i352S9 38 1’ 12 Pahrump Office Tonopah Office Nyc Counly Government Cenier Nyc County Courthouse 2100 E. Walt Williams Drive Wi ham P Aeko Justice Fac iii Lv Suite 100 P.O. Bo 153 Pah:utnp, NV 89048 Tonopzr, NV 83’ Phone (775) 75-4282 Oi!3ce(775J 487 81% Mobile ( 775) 27 7-t 536 Public Information Officer Va; (775)3828I38 Administration Department October 5, 2018 Neal Jones P.O. Box 5053 Reno, Nevada 895 13-5053 Via email: njonesll 79l,ginail. cons Subject: Public Records Request dated and received October 2, 2018 Dear Mr. Jones, This office is in receipt of a public request for “Background documentation for Nyc County Board of County Commissioners agenda item P:21. for August 7, 208 meeting. I have attached a copy of the original reques:. County’s finding: I am forwarding attached to this letter the emails that lead to the agenda item. There is no other documentation. There is no fee charges for this requesi. Si nccrei Arnold Knightly / Public Informatiaf Cc: Tim Sutton, Nyc County Manager (e-mail) AK] 18-0359AK Nyc County is an Equal Opportunity Employer and Provider Print Form NYF COUNTY PUBLIC RECORDS REQUEST (PER NEVADA REVISED STATUTE (NRS) 239) - Name [required] \eal jones 2(a) Street Address/Post 0111cc Box. (h) ApartmentSuite. (c) Cit\ - (d) State. Ce) Zip (‘ode [required] P0 Box 5053, Rena, Nevada 89513-5053 3 Area Code + 1 e Ieplioi ie N u nther [required] 775-313-2527 4 Area (ode ÷ Fa\ Number 5. E-Nlidl .-\cldresN njones19@gmail.com 6. Date of Request October 2, 2018 7. Description of Records Requested Jc/euiiR the ;cn/’ Ut /cI!/k lucl.cp:c;fke//v n juc/bL-. J’/ctn.j,ruiiL .50//it iI?71ijl;iiI;;1 0/Ut ii I / /ic’I/4ic/ iii h/cnii/vii;c rnil /ucHiUh,’ I/Ic’ ic’cjt(c’siuc/ Icu0Ii/S, Slid? US c/utillI?el?i I/I/c’, tic. Background documentation for Nye County Board of County Commissioners agenda item # 21, lot August 7, 20 8 meetinci. Please see attacheti. 8. .\dditic,nai I torniation andur (onimenis Please see attached. FOR OFFICIAL USE ONLY L3cjte Received; Time Received: Start Time: Total Time spent (15 mm increments): End Time; Total Number of pages copied Completed by: Total Amount Collected; $ /Labor $ Copies $__________ October 2. 2018 NI r. Arnold Knightl. NYF COUNTY PUBLIC INFORMATION OFFICER 2 iOU F. \Valt Williams Dr e Suite IOU Pahrum p. Nevada 8004$ EL’: Be/nw,,!, Ne;tulu — Open Retonic Request Dear Mr. K n ghtlv: Pursuant to NRS 230.001. cI .utj. {Ne adas Open Recoids Act). I am formall> requesfnu copies of all records iii the possession of N ye Count relafn&z to asenda item 2 I of tlic N e County Board of County Coniinissoners meeting ol August 7. 2018. No hack—np dc’ctinwnta:ion as pro\idecl for this agenda item. I am eqtiestin intbrinati’u including but not limitcd c the scope of ork. project plans pnect speci heat ions, calculations, design professionals associated ith the proJect. cost estimates, bids. hid doetunents. etc. for the proposed \\ ork on the iielnmnt Courthouse. in Belmont. Nyc County. Nevada. All communications ith all (otIIll\ agencleN. employees. contractors. etc. on all platforms should he included. conforming to the Nc ado Supreme Court ruling of March 20. 201$ in C umstmk Re.si,ieiii. .1 SSULIt)itUfl lYon _v,nin fiotnclnf C unhinLvsiwnrs. Copies of documents respollsi\e to tins recltlest Ina\ he pro idcd h\ electronic means. Thank oti in advance br \our aniieipated cooperation in this matter. Respectfully. s_i. Neal Jones PC). Bos 5053 Reno. Nevada 80513-5053 njones I 479 I a gmail .com C’c: Philip Kreitleiu. Lsq.. Kreitlciu Group (e—mail) From: Trniorh3 Sutton To: Loom F. DeU]nger; Samantha Tackett; Savannah R. Rucker Subject: Re: Belmont Courthouse Date: Sa:rrday, Juy 28 2318 6:02:10 All Thanks Savannah Oii Fri. Jul 27. 2018 at 4:28 PM -0700. ‘Savannah R, RucLer” <)r rr cu.ri\ cm us> wrote: dropped the ball on this, it was my intent to place an item on the agenda to setup the 0onations department and fund it or. the 8/7 ageada but faled to. Peearcfless, Ill Lace a suggestion for funding at the 8/7 rneetVg earl will request the tern to scrap cod fund 3:e department on the 8/21 meeting. Thank Ycu, Savarrah Rocker Sr rucker@Co.nye.nv.us CO rn )t roirer CO nyc nv.u s From: Lorina F. Dellinger Sent: Friday, july 27, 2018 4:15 PM To: Sarnantha Tackett <steckett@co.nye.nc.js>; Savannah R. RuCer csrruckermro . nye.;>..js> Cc: Timothy Sutton <tsuttonrCc.nye.nv.uss Subject: RE: Belmont Courthouse ci: Sara. Please keep it oa the agenda. Lorinda has been looking forward to this item and requested it well before we discussed rnplenmienting the program. I will work with john on hearing the urogram item before the Belmont tern. My reCommendatron will be to, if the 80CC aoprc’.es rae funchng. Consider the agenda item as the applicaTion, apply all pm ocedures of the program to tne pm cup v.JhiCh will include the one year completron timeline, and reqLrire the Project Completion Report to he submitted by the 60 day deadlne. Let me know i you have any questions Thank you, Lonina From: Samant’a Tackett Sent: Frrday, july 27, 2018 1:19 PM To: Lorina F. Dellinger <ldellinger@co.n”e.nv.uss; Savannah R Rocker <srrtmc[cer@ co.nye nv.usc’ Cc: Timot ny Sutton <tsuttorrco.rmye.nv. cm Subject: EW: BeImot Courthouse HeHo, We planned to have an item on the 8/7 agenda for tb:s ftind’rig request •n aWcipator, ci the donation department/program funding procedures being set up. Should we wait for that to be done before this item is heard, or should it go on the agenda regardless? If it is to move forward without the program/deoartn.ent, will the $SCK be funded va :1e C h. borrowing” from the operating transfer out of capital as stated below? Thank you, Sam From: John <oenig Sent: Monday, July 9, 2018 2:37 PM To: Samantha Tackett <stackett@co.nyc.nv.us> Subject: RE: Belmont Courthouse Not sure how I missed this bui agree with :he 100 k From: Samantha Tackett Sent: MoncIa’.Juy 02, 2018 2:15 I To: Lorna DeInge <lde:lngeDco ;e v.:..is>; Savannah R. Ruce <crrucise@conye.n\.us>: . timothy Sutton <:sutton)co.nyenv.us> Subject: RE: Belmont Courthouse ‘il schedule the tern ‘or 8/7, ant: I agree with Slack. I: is a generous start. Thank you, Sam From: Lonina F. Dellinger Sent: Monday, Juy 2, 2018 li:50 AM To: Savannah B. Bucker <Cli uckerco.i].e.nvLis>, Samantna Tackett Kstackett@c o.nyeiiv.us>; Timothy Sutton <tsutton@co.nye.nv.us> Subject: RE: Belmont Courthouse Good morning, The August 7th meeting is preferab’e. I think we should finalize ou program dccuinente (guidelines, application, etc.) and include in backup. also thinK Slack shoud he a gaol starh Providing a list of approved donations might help the commissioners understand our mission. Thank you, Lo’na From: Savannah R. Rucker Sent: Monday, July 2,20188:27 AM To: Sarnantha Tackett <stackett@co.nye.nv.us>; Timothy Sutton <tsuttonrWco.nye.nv.us>; Lorina F. Dellinger <lclellinger@co.nye.nv.us> Subject; RE: Re:rnont Couthouse Sam, Ill get you an agenda [tern today. If Lonina has an alternative idea we can always pull the ftem. To all: Does anyone have touacs in ‘egards to ho:: much fu”ding to set as Ic fo’ cioiat cot RiP? Fy18 fu”ded the CASA progarn from contingency for $25k. a’d had seveaI donations caques:s funded £rorn the \1ets fund. 0 :iahy we cowl start with S0Oc, 550< for Belmo’t Cou-:nouse. leaving 550k for addiiiorial donations, Thoughts? There is funding available for a larger crarter budget for the donations department, though if the department is granted a smaller budget in July we can start small and grow if needed. If additional funding is needed during the year am projecting we will have an ending fund balance augment which can be utilized to gramirina a:Idt onal funding. Jnst a fec: thoughts, I would appmecmate any faedhac[c you have on toe topic. Thank you Thank You, Savannah Rucker srruc’Ker@co.nenv.us cc, .to’Iei@:co.ruye “vt’s From: Samantha Tackett Sent: Sunday, July 1, 2018 2:15 PM To: Timothy Sutton <csrmctonco.nye.nv.i.m.’; Savannah R. Rocker <srrucker@co.nye nv.us>; Lorina F. De’linger <‘ el’:nge’tco:ye.nv us> Subject: RE: Reimont Courthouse I can add this to the 8/7 agenda. or 7/17 if it needs to be done sooner. Please advise if there is a preference. Thank you, Sam From: Timothy Sutton Sent: Saturday, iune 30, 2018 7:08 PM To: Savannah R, Ruc<er <crucker@cc.r,vv rn as>; orina F De:l.neer <:clellirge Jzcco.nye.rrv.us> Cc: Sa”nantha Tackett <Sr c:P:inco c.’: Subject: RE: Belmont Courthouse I ike option las web From: Savannah R. Bucker Sent: Friday, iune 29, 2018 2:18 PM To: Timothy Sutton <Nutmonco.nye.nv.us>; Lorina F. Dellinger <idellimigerco riye.nv.us> Cc: Samantha Tackett <smackett@Dco.nye.nv.us> Subject: RE: Belmont Courthouse hs donation ‘enuest olcws sut w.t the recent conversaoon about setting jr a oepar:Irienr a’ setti rrg aside funding for the BoCC to ut I ne for donation fund ng. We have a few options: 1. Fund this via the OF by “borrowing” from the operating transfer out of cau’.tul. If this is the chose route a: that pont we couki set un the donation department ard set aside a amount of fund ng tone utilzed :nroughout the FYfor dona:.cns. 2. Capital, assuming we would procuie and pay for the service being sought after for the stabilization. It’s our building we are rehabilitating, it’s a qualifying capital expense. 3. County Owned Building fund, again assuming we would procure and pay for the service. My recommendation is option I as it seems we are see rg a sgnificant rumba: of fund:ng requests, and th 5 wojic give the BoCC the ahi’ity to set o the donation department for F” I set program rules for requesting funding. Also, I anticipate a decent sized BFB augment for FY19 which would replenish the borrowed budget from the operating transfer to capital. What do youth ok? Thank You, Savannah Rocker srrticker@co.nye.nv.us coniptroller@oo.nye.nv.us From: Timothy Sutton Sent: Wednesday, June 13, 2018 8:14 AM To: Lorinda \‘Vichman <lawichrnan@grnaii.com>; Lorina F. Dellinger <lde[Iinger@co.nye.nv.us>; Savannah R. Bucker <srruckercfDco.nye,nv.us> Subject: RE: Belmont Courthouse Sounds good Lorinda, we’ get on this From: Lorinda \ichrnan Sent: ‘‘Jednesday, June 13, 2018 2:10AM To: Timothy Sutton <tsl.luon@co.nye.nv.us>; Lorina F. Dellinger <rdeHingerco.nye.rrvus>; Savannah R. Bucker <srrLlcker@conyenvus> Subject: Belmont Courthouse Mornire Al; (notice there is no Good before that, In, still tryng to get roy head aroumor he results) Please help me do what needs to be done to direct $50,000 to the Friends of the Belmont Courthouse fo- the internal structura stahi;zation As I nave po -red cut hero_c. the Cc*r:’-cu:e is a Nyc County asset and the stahl’zetion n necessary to rer’ic’.’e tie liablity The FotBC has raised $68,000 to see this inrough, which s amazing for a town of 0 year-round permanent residents. Annual tours have been in the triple digits and their events are well attended. Thank you fG7:d4 6áo:acz Nyc County Commissioner 775-761-1626 PUBLIC COMMENT TO THE NYE COUNTY COMMISSIONERS OCTOBER 16.2018 My name is Janice Berard. I request that this written comment be included in the Commissioners minutes. The Belmont Town Advisory Board has, on several occasions, listed an agenda item for re building a stacked rock structure considercd the ‘generator house’ that exists on parcel 004-536- 10 and owned by Nyc County. On two occasions it has been suggested that Commissioner Wichman be approached by the Belmont Saloon owner, asking for a $20,000 County grant so that this project can be done. Note that this is the same piece of property that Ne County tried to sneak in a special utility easement for the benefit of the Belmont Saloon in 2017. This action by Nyc County resultcd in the Nevada Attorney General’s Office ruling that the Commissioners had violated Open Meeting Law with their actions related to this casement. Prior to this ruling the easement was retracted. For further details about this situation please refet to Mr. Neal Jones’ public comment given and recorded at the July 3. 2018 Commissioners’ meeting It is my understanding that the Bumont Saloon needed parcel 004-536—10 due to issues the Saloon was having with their undocumented septic system a system that is undersized and sits lhr too close to the business’ nell and that of a nearby neighbor’s. All on less than an acre area. Let it be knn\’. n that if the Saloon had successfully acquired this parcel, its septic system would still not eon liann to public hcaith and safety codes or laws. With this brief background information the questions now become: • What is the intention and the sudden interest in re—building this particular building? • What would be the roposed intended use ibr this building? • Would this building he accessible to the public? • What liability would the County take by allowing Ibis building to he re—built and used? • Who would take the responsibility for the design of this building? • Who wotild he responsible ihr the construction of this building? • Would the people involved in this re—build have any documentab]e experience in historic preser;atioii work? • Who would take the responsibility to ensure the historical accuracy of the design and construction of the building? Note Belmont has been listed in the National Registry of Historical Places, since 1972. • Would this re—build conform to the requirements of the County code and State laws regarding safety and structural integrity? • Would this proposed re-build, its scope of work. designs and Plans be made available to the public, for review and comment before any perinissio be granted to move forward with this project? I have no problem seeing historic buildings in Belmont restored. I welcome such efforts. What I do have a pioblem with is how the County o daw has gone about such projects. with the Belmont Courthouse. as a good example. rhat is why I ask the above questions and most importantly the one to follow. ATTACHMENT 2 Could this latest proposed $20,000 project on parcel 004-536-10 be yet another veiled attempt by Nyc County and other Belmont locals, to allow the owner of the Belmont Saloon to quietly install a septic system on this Nyc County property, while simultaneously rebuilding this historic structure? Inquiring minds want to know. Thank von. Janice I3erard SZ I request that my comments are reflected in the minutes and I submit a copy of my prepared written remarks for inclusion in the minutes also. October 2, 2018 I requested the identification of the budget categories for all Marijuana License and Business Tax Income (2% Monthly Sale Fees) that Nye County has imposed on marijuana establishments or medical marijuana establishments located in an unincorporated town is money collected or received pursuant to chapter 269 o f 269.095 which prohibits the deposit of the money in the county general fund and, instead, requires any such money to be kept separate from other money of the county and used for the sole benefit of the unincorporated town in which the money is coHected. I have not received the amount that has been collected or received for the FY2O1S YTD FY 2018 As of 10/2/18. The estimated amount is more $710,424. Pahrump separate account Ls about $675,293; Amargosa Vailey account is about $20,131.32; and Beatty account is about $15,000. When will the money be deposited into unincorporated town’s accounts? Senator Pete Goicoechea has informed Commissioner Dan Schinhofen that such money must be kept separate for other money of the county and used for the sole benefit of the unincorporated town in which the money has been collected. Respectfully, 7 John Bosta ATTAcHMENT 3 Oct. 16, 2018 Public Comment by John F. Bosta Page 1 Marijuana License and Business Tax Income Nye County FY 2015 YTD FY 2018 As of 4/8/18 Pam Webster YTD Mar RECREATIONAL FY 15 FY 16 FY 17 FY 18 Total CO U NW . Recreational Marijuana License Fees 80,000.00 20,000.00 $ 100,000.00 Recreational Marijuana Business Tax (2%) 125,722.00 $ 125,722.00 Total Recreational (All County) 80,000.00 145,722.00 $ 225,722.00 MEDICAL COUNTY Medical Marijuana License Fees 50,000.00 52,500.00 50,625.00 52,333.00 $ 205,458.00 Medical Jarijuana Business Tax (2%) 30,396.00 87,222.00 105,99000 $ 223,608.00 Total County Medical 50,000.00 82,896.00 137,847.00 158,323.00 429,066.00 AMARGO5A VALLEY Medical Marijuana Business Tax (7%) 15,131.32 $ 15,131.32 Total Medical flso,ooo.oo 82,896.00 137,847.00 173,454.32 444,197.32 Total Marijuana License and Business Tax $ 50,000.00 $ 82,896.00 $ 217,847.00 $ 319,176.32 $ 669,919.32 II Item Permt “ APN Facility Renewal 2% Monthly Sale Fee 39 MM-2018-000060 044-521-41 Cultivation $2,500 Not Current 40 RM-2018-000024 029-311-13 Cultivation $2,500 Not Current 41 MM2018000061 029-311-13 Cultivation $2,500 Not Current 42 RM2018-000023 040-041-34 Cultivation $2,500 Current 43 MM-2018-000059 040-041-34 Cultivation $3,123 Current 44 — RM-2018-000030 040-041-34 Distributor $1,250 Current 45 RM-2018-000028 — 035-381-35 Cultivation $2,500 Current 46 RM-2018-000029 — 035-381-35 Distributor $1,250 Current 47 MM-2018-000063 019-751-03 Cultivation $2,500 Not Current Acres $5,000 48 MM-2018-000064 019-751-03 Production $2,500 Not Current Acres 49 MM2018000065 018-371-16 & 17 Cultivation $2,500 Not Current Beatty $7,500 SO MM-2018-000066 018-371-16 & 17 Production $2,500 Current Beatty 51 RM-2018-000032 018-371-16 & 17 Cultivation $2,500 Not Cu’rent Beatty 52 MM-2018-000061 036-381-02 Cultivation $3,618 Not Current Pah rump $28,005 53 RM-2018-000031 036-381-02 Cultivation $2,514 Not Current 54 RM-2018-000025 038-294-09 Distributor $1,250 Current 55 RM2018000026 044-851-30 Distributor $1,250 Current 56 RM-2018-000027 038-241-23 Distributor $1,250 Current Total $40,505 No Amount Given I am Carolee Werner, a homeowner in District 3 here in Pahrump. I live in a very nice single family home subdivision, but one home in my subdivision, which is located at 341 So. Cimarron P1., Pahrump, NV 89048, is collecting ears, trucks, trailers and other types of vehicles and appears to be running a repair business from his home which is causing a big problem for the rest of us homeowners. There is a consistent turn over of vehicles and at times up to 15 or more in the cul-de-sac. We tried talking to the resident, but that only led to a verbal confrontation. We are hoping that this board of Nye County Commissioners would look into this situation and solve the problem with a legal solution and restore my subdivision back to being clean, quiet and safe again. Thank yo ii. (. ,c Carolee Werner October 15, 2018 ATTACHMENT 4 -t ::t4 r4..th1 * -H -j’ Sn S. fl_I — k N - MINUTES OF THE BELMONT TOWN ADVISORY BOARD MEETING OF AUGUST 25. 2018 Members present: Anthony (Buddy) Perchetti, Donna Motis, Douglas (Stretch) Baker, Theodore (Tay) Schuff, Larry Marshall Called to order by Chairman Bud Perchetti. 1. General Public Comment (Three minute time limit): None 2. For Possible Action: Approval of minutes from the meeting of June 16, 2018. Tay motioned to approve the minutes of June 16, 2018. The motion was seconded by Larry. Approved by Bud, Donna, Stretch, Tay and Larry. Reports: 1 Information/Update from County Commission — Donna did hot receive any information from

Commissioner Wichman

Old BusTness 1. For Possible Action Discussion ad Decision: Update on the possibility of reconstructing the walls of the old generator house that sits on Parcel OD4S3&-10 owned by Nye County and the possibility of obtaining a grant for that purpose Bud stated that Commissioner Wichman was checking into this matter to get more information Donna stated that Tracey was also to contact Commissioner Wichman Tay stated that before we can do anything we need to have permission from Nye County Bud said that the county was also going to do the grant for th money to do the reconstruction. General discussion on the location and construction time. Bud and Tracy will contact Commissioner Wichman again to discuss this havingthaCounty grant writer take care of this for us 2. Discussion regardin\veed removal forfire control Bud has called the Conservation camp and talked to Commissioner Wichman but has not gotten any info from them regarding fire breaks Donna stated that she received an email from Scott Lewis EMS director regarding natural fuels reduction for fire safety Donna sent him back an email stating that Belmont definitely needs weed and fuel reduction Also the morning before we received this email, Rick called and talked to Joel at the Tonopah Conservation Camp about having fuel reduction done Joel basically said about the same thing about working•with the state to get fuel reductions in the communities such as Belmont and Manhattan and he would get back with us when it was set up. Tay suggested a plan to give them so they would know where to start when the time comes. Below town needs to be cleaned up. Larry added that the brush around the generator house we want to reconstruct should be done before the work starts. We need to keep asking and reminding them that we need weed and fuel reduction done New Business: 1. For Possible Action Discussion and Decision: Appointment of officers for the Belmont Town Advisory Board. Larry motioned to keep the officers as is. Motion was seconded by Stretch. Approved by Bud, Donna, Tay, Stretch and Larry. 2. For Possible Action Request to the BOCC for money to purchase special type of paint and lights for upkeep of the SST potties Stretch has the paint for floor. He is still working on getting lights. Still working on paint for the walls. He suggests getting the conservation camp crews to clean and then paint. Need to set up a time to get the project done. ATTACHMENT 5 3. For possible Action Discussion and Decision: Reimbursement to Donna Motis for Post Office rent of $62.00 and C.D.’s and covers for $40.92 for a total of $102.92. Thy made a motion to reimburse Donna Motis $102.92. Seconded by Stretched. Approved by Bud, Donna, Tay, Stretch, Larry. 4. For Possible Action Discussion and Decision: Findings of Facts from the Nevada Attorney General’s Office regarding OML Complaint #13897-268: The OAG File No. 13897-268 Findings of Fact and Conclusions of Law and the conclusion is that PB “The Belmont Board Has Not Violated the OML.” Stretch made a motion to accept the Attorney General’s findings that the Belmont Board did not violate the open meeting law. The motion was seconded by Donna. Approved by Bud, Donna, Stretch, Tay and Larry. Donna received a letter that was also sent to the Board of County Commissioners and they read it into their minute, so it should be read into our minutes from Neal Jones and Janice Berard. The cover email states: RE: New Business Agenda Item #4 concerning OMLCsrnplaint # 13897-268. Dear Board Membeis We can only guess why this item is on youragenda when it was .a Nye County Commissioner issue, not youis Nevertheless, we have attached a copy of the statement that we made at the July 3, 2018 Nye County Commissioners meètihg that explains why we filed this complaint with the State Attorney GeneI al Note it is also recorded within the minutes of that meeting To make sure this information is presented fairly to your audience we are forwarding this copy to you We feel that it is important that oui side of the story be presented at your Belmont Town Board meeting on August 25, 2018 It is also important that this information is shared so that all know how this utility easement issue was handled by the Nye County Commissioners and the events that led up to it We are also submittmg it to make sure there is full transparency on our part We are unable to attend your meeting, but request that this letter be read publicly along with our attached statement to the Commissioners We also request both be included in the meeting minutes. We are also requesting that a copy of the meeting recording and draft minutésfor this 8-25-18 meeting be mailed to us. In closing, it would be refreshing if both the Nye County Commissioners and the Belmont Town Board would start conducting their business in a more open, honest and transparent manner. We feel it would be far more productive and perhaps gain more respect in the eyes of the community. Respectfully, Janice Berard Neal Jones Cc: Philip Kreitlein, Esq. SEE ATTACHED ALE — AUGUST 25, 2015— MINUTES 2 General Public Comment (Second): Terry made a suggestion that everyone in town learn how to pump water back into the large tank behind the firehouse. This can be done today after themeeting. Also there should be a written set of instructions posted on the wall in the generator room. Tay Schuff commented on the letter to the board from Janice and tcjeai. TheV say that the Belmont board should start conducting their business in a more open, honest and transparent manner. Tay is really offended by the statement and feels that the board to his knowledge has always conducted their meetings open, honest and transparent and knows nothing that anyone has tried to hide from anyone else. He wants Janice and Neal to know that he takes offense to this Bud Perchetti stated, regarding the letter from Janice and Neil, having been on this board for a number of years and chairman a lot of years. He feels that theboard has alwaysdcine a good job, and very hodest. We have never had such problems until Neal and Janice came here He is done with them, not as the Chairman, but as a person, he is done with them And he feels this is disgusting Larry Marshall agrees with Bud 100% on his statement Dan agrees Fran Terras stated that she sLipports all our activities and has been coming to these meetings a number of years Board Comment None Next Meeting April 6,2019 The Chairman can call a special meeting anytime if one is needed Meeting adjourned Minutes done by Donna Motis . Statement for the July 3, 2018 meeting of the Nye County Board of County Commissioners, agenda item # 20. My name is Neal Jones. I am the person who filed the open meeting law complaint. I am making this statement on behalf of myself and my partner, Janice Berard who is unable to be present at today’s meeting. I ask that tius written prepared statement be included in the minutes of this meeting. As perhaps many who read it, I did not know that the utility easement item on the agenda for the December 19, 2017 meeting had anything to do with the Belmont Saloon (aka Dirty Dick’s bar), due to the lack of pertinent information. Ironically, the way I did find out about the easement that the Commissioners voted to grant, was through an open records request that I made regarding the illegal activities that have occurred with the wells and septic systems in Belmont. Within these records were copies of c-mails between County orninissioner Lorinda Wichman,

County Manager Tim

Sutton and formcr Director of Planning Dartell Lacy discussing the need to have this easement granted. Of special interest was that they specifically mentioned that they did not want the business, The Belmont Saloon, who would be the direct beneficiary of this easement, named on the agenda item. Omitting this important piece of itiformation appeared to be an attempt by the County to deceive those who might be interested ii] or might be opposed to this agenda item. After voting to grant ihis easement, theoimty Director of Planning then said that the County only voted for this easement, in case it was ever necessary and it was for the benefit of the Belmont Saloon. So afler clearly sLting that theydid not want the Belmont Saloon named in the original agenda item, they then adTriitted that the easement was in fact. for the benefit of the Belmont Saloon - Then the County decided it needed to mescmnd the easement with no legitimate explanation This present ‘easement’ situation seems to be the continuation of a ttoublmg pattern that has been used by both the State and County for the past three yeais, ever since a well driller came into Belmont drilling v.ells that ignored the State’s mandate of maintaining a minimum 100 foot separation between wells and septic systems This duller dnlled wells with possibJyff separation between the wells and the existing septic systems, thus threatening the waters of Belmont There are multitudes Of State 1a4 to protect the health, safety and water quality of the community flomn such actions I have approached the various State agencies that are responsible for upholding these Iaws,bniy tO be given flimsy excuses for why they cannot do anything about this situation. The County too has been involved in this mess, other than with the secretive easement: Being that they have no authority over water wells in Belmont and only limited jurisdiction over septic systems, the County joined into the fray and granted a permit for a commercial septic system at the Belmont Saloon. A septic system that the County admits it has no records or knowledge of a The former Director of Plaiming for the County has stated that he did not think it would be fair to the owner of the saloon for them to have to provide documentation for this alleged system, because; 1) the application is (17) pages long, 2) they would be required to get an engineer, 3) it would cost $200 and 4) the County knows it would never meet the requirements for a legitimate septic system. • Upon my inquiries, the County was unable to tell me if there is any type of a disposal field for this alleged system and if there were one, where it is in relation to the water wells immediately adjacent to this septic system. Their only justitIcation was that the former Director of Planning for the County visited the Belmont Saloon, wandered out back, looked at the ground and then proclaimed that there were no issues with this system. Never mind that the former Director of Planningdoes not have any licenses or certifications in the State of Nevada for him to make these engineering judgements. • The County claimed to have issued a “discha gepeimit’ for the saloon’s septic system, until it was pointed out that the County is expre’ñ1y forbidden by State law to issue these perm its. • The County then claimed to have issued átffgeneral pennit” for thissystein, failing to acknowledge that the existing system must he previously permittedas an individual sewage disposal system and in good working order The Belmont Saloon’s alleged septic system does not meet either cf these criteria. • On May 4,2018 I made an openrecofds request to the County stating “Since it is my health and afety that you are puttmg in jeopardy, please provide the documentation of the alleged disposal field (size, construction, distance from existing water wells, etc) for the alleged OSDS at the Belmont Saloon and exactly how the County established that this system was nOtè threat tothe public health.?’ The County’s response wasp “Nyc County does not have any public records responsive to your request So much for protecting the health tdsafety of the community of Belmont • The County then said that even though they have absolutely zero information about this alleged septic system they nevertheless reported that this system did not pose a threat to the public’s health — In regards to the State’s inxolvement in all this The State has gone so far as tofalsify records and put this false information into public documents. They then hav lied about what they did when confronted with this information. • On June 7, 2016, two investigators for Nevada Division of Water Resources were sent to Belmont to investigate my complaint against tile well driller. Part of the complaint was to establish if there was a well at the Belmont Saloon. These investigators spoke with the owner of the Belmont Saloon, who infonned them that there was a well at the saloon, concealed within the saloon structure. The owner further claimed that the well did not serve the saloon with water. The State investigators did not put any of this information in their official field investigation memorandum. 2 • A month and a half later, on July 19, 2016, these same two investigators were again sent all the way from Carson City, on a special trip to Belmont for the purpose of investigating if there was a well on (lie parcel of the Belmont Saloon. These two investigators, already knowing that there was a well at the Saloon, searched the 1/3 acre parcel of the Saloon, but could not find a well. These investigators then spoke to the same owner of the saloon again, but this time the owner told the State investigators that there was no well. These State investigators then wrote in theft official report that there was no well at the Belmont Saloon. • Several months later the story changed again. This time the owner of the saloon admitted to State Environmental Protection employees that, yes indeed there was a well at the saloon and it did serve the saloon with water. • The Belmont Saloon does not have a water right to use water from the well, especially from a well that the State says does not exist. : - • The State Engineer has stated, in writing that the saloon’s use pf this water would be an illegal use of water, but then did notlung about it • Instead the State Water Resources had the owner of the Belmont Saloon apply for a water right for the well that they previously and publicly documented did not exist. The State then went so far as to assign this particular water right application to their “Resource Specialist’ one of the same investigators who reported earlier that there was no well at , the Belmont Saloon This is ty ical of the behavior that Janice and I have come across when trying to protect our health safety and water quality from the illegal, and might I add unconscionable activities b3 some people in Belmont It has become quite apparent that these same people have some very good connections with Water Resources, the State Engineei and other State and County agencies by getting them to ignore illegal activities, falsity records and then try to cover-lip their actions with lies This latest effort by the County in its attempt to sccietmvely grant an easement foi benefit of the Belmont Saloon Thither confirms that this is business as usual Lack of governmental transparency, honesty, responsibility and accountability are the status quo... and in the end are only creating onthing in Beintont a potential public health hazard that could affect not only

Ms. Berard

and I, but also the ëhtire community of Belmont. In conclusion, I would likè•tö read a quote from Supreme Court Justice Louis Brandeis: “The goverimient is the omnipresent teacher For good or ill it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreakei; it breeds contempt for law; it invites eveiy man to become a law unto himself it invites anarchy. To declare that the etzdsjusQfi” the means— to declare that the government niay commit crimes — would bring terrible retribution.” Thank you for the opportunity to speak at this meeting. Neal Jones Janice Berard njones14791gmail.com jbnjrenoaol.com 3