August 30, 2019

Commissioner Cox

was present via telephone.

Commissioner Koenig

said there was nothing to remove.

Commissioner Blundo

asked Tim Sutton for a follow up on the seller permit issue as well as an update on the brothel ordinance. He then asked for an agenda item regarding weight limits on residential roads to curtail some of the commercial traffic cutting through the residential areas.

Commissioner Koenig

advised the brothel ordinance was with the District Attorney’s Office and suggested Commissioner Biundo call Christi Kindel. DISTRICT ATTORNEY

Commissioner Cox

made a motion to rescind the motion from the last meeting; seconded by Commissioner Blundo. Neal Jones asked that his written statement be included in minutes [see Attachment 1]. He noted there were multiple references to NRS 244.0365 on the agenda form while the correct reference should be NRS 241 .0365, which was included in the agenda back-up. He said he called the County Clerk and the District Attorney on August 28, 2019, after the agenda was posted and Ms. Zlotek told him the discrepancies would not constitute an OML violation. Mr. Jones only wished to note the discrepancies for the record. John Bosta complimented the Board and the District Attorney for bringing this corrective action back.

Commissioner Blundo

asked Ms. Zlotek to clarify what Mr. Jones said.

Ms. Ziotek

explained the OML required the agenda item as posted on the agenda be a correct, clear and concise statement of the action and items of interest to the public. August 30, 2019 5. For Possible Corrective Action Discussion and deliberation to rescind action taken on August 20, 2019 on Item 33 whereby the Board directed the District Attorney to determine if the Board has a position to take regarding the issue of the nuisance complaint filed on August 8, 2019 by complainant, Neal Jones, located in Belmont, Nevada-Cont’d. The back-up, which was not required by law to be included, was back-up and not the agenda posting of a clear and concise agenda item. She acknowledged there was a typographical error with the number; however, the back-up submitted did contain a complete copy of the accurate NRS. She stated the agenda item was in compliance with the CML.

Commissioner Blundo

made a motion to direct the Clerk to set a public hearing on September 18, 2019, in Pahrump, Nevada, at 10:00 am.; seconded by Commissione r Strickland; 4 yeas.

Commissioner Koenig

said he did. Neal Jones thanked the Board for scheduling the public hearing. For the record he pointed out that due to the OML violation at the August 20, 2019, meeting that the earlier corrective action addressed, the 40 day deadline mandated by NRS 244.360 would be missed.

Commissioner Blundo

asked for an agenda item on the meeting with John Bosta so the information could be shared. He said Mr. Bosta was going to the town board or the Amargosa fire chief to draft a letter regarding the vehicles and equipment they felt should belong to the town. Tim Sutton asked if Commissioner Blundo was talking about a meeting to discuss the potential of giving up or donating equipment to Amargosa.

Commissioner Blundo

clarified he would like to have a follow up from Amargosa if they were interested in taking the equipment. MarIa Zlotek asked for a quick break to confirm the nuisance hearing deadline. The Board took a brief recess. 6. For Possible Action Discussion and deliberation pursuant to NRS 244.360(1) and 244.360(2) to direct the Clerk to set a public hearing not less than 30 nor more than 40 days subsequent to the filing of the complaint by Neal Jones on August 8, 2019 regarding the high nitrate levels in the water in Belmont, Nevada and the wells that were drilled there illegally-Reopened. MarIa Zlotek asked that this item be reopened based on Neal Jones’ comment. Her recommendation was to rescind the motion and set the date as September 17, 2019, instead of September 18. 2019.

Commissioner Strickland

made a motion to set a date to discuss and deliberate for September 17, 2019, the regularly scheduled Board meeting, at 10:00 am.; seconded by Commissioner Blundo.

Ms. Zlotek

confirmed for Commissioner Blundo that date was within the statutory time frame per NRS. August 30, 2019 6. For Possible Action Discussion and deliberation pursuant to NRS 244.360(1) and 244.360(2) to direct the Clerk to set a public hearing not less than 30 nor more than 40 days subsequent to the filing of the complaint by Neal Jones on August 8, 2019 regarding the high nitrate levels in the water in Belmont, Nevada and the wells that were drilled there illegally-Reopened-Cont’d.

Commissioner Ccx

was concerned about the motion as Commissioner Strickland said discuss and deliberate, not approval, and she wondered if that was appropriate.

Commissioner Strickland

amended her motion to set the public hearing for September 17, 2019, at 10:00 am.; Commissioner Blundo amended his second. Neal Jones hoped the date change was in accordance with the OML and thanked the Board for setting the hearing.

Commissioner Koenig

said the fire chief in Amargosa Valley was fine with the way things were with the Amargosa safety equipment. Commissioner Koenig’s problem with the whole thing was he had been waiting for a memorandum of understanding with the town for quite some time and he asked Lorina Dellinger for the status of that. He had also promised them he would get some insurance information. Right now with the fire equipment under the County it was covered because they were part of the policy, but

Commissioner Koenig

was not sure if that equipment was turned over to the town if it remained covered under the County’s policy or if the town needed to get a new policy. ay August 30, 2019

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of .2019. (i Nyè Canty Clerk! Deputy August 30. 2019 Special BoCC meeting I ask that this statement be included in the minutes of this meeting. For the record I wish to note the discrepancies in the IVye County Agenda infouination Form for this agenda item, item # 5. When the agenda was initially posted, contained in the Complete description ofrequested action section of the form there are multiple references to NRS 244.0365. For the record there is no statute NRS 244.0365. The correct statute reference should be NRS 241.0365. which is includ ed in the agenda backup materials. 1 called the County Clerk’s Office and the County District Attorney’s Office on Wednesday, August 28, 2019 afier the agenda was posted on the County vebsite. Chief Deputy Distric t Attorney Maria Zlotek returned my call later that morning. I was informed that these discrepancies would not constitute an open meeting law violation. I wish to only note these discrepancies for the record. ATTACHMENT 1