October 15, 2019

Sheriff Wehrly

was not present at this time .

Commissioner Wichman

attacked him for exercising that right. Mr. Jones said he looked forward to January, 2021, when District I might get someone who would do the job they were elected to do . October 15, 2019 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 statement be included in the minutes [see Attachment 2]. She talked about the nuisance complaint hearing and how

Commissioner Wichman

deliberately presented her case against them after the question and answer portion of the hearing had passed with no factual supportive documentation and no rebuttal allowed. Diane Southworth thanked Sandra Merlino for pursuing the idea of getting the voting machines audited. She advised there would be a Democratic debate tonight with an open house at 2531 Irene. Dave Stevens asked about the animal shelter as he had not heard anything about it lately. He also said he would stand up for Commissioner Wichman as she was a good woman who had done good things on the Board. Tom Waters, chairman of the Pahrump Prostate Support Group, said the next meeting would be on October 24, 2019, from 6:00 p.m. to 7:30 p.m. in the downstairs training room at Desert View Hospital. That would be the last meeting of 2019 as there were no meetings in November or December due to the holidays. The guest speaker would be a retired Army nurse. Robert Adams thanked the County officials and staff for helping facilitate federal and state grants for recreational projects. He also spoke of the BLM clean-up at the Bell Vista area on Saturday and how 50 or 60 people showed up. Mr. Adams asked anyone who went out there to be sure to take home what they brought with them to help everyone enjoy the public land .

Commissioner Wichman

made a motion to approve; seconded by Commissioner Strickland ; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Strickland

thanked everyone who participated in the BLM clean-up and said BLM would have more moving forward. She advised there would be a dust control workshop at 8:30 a.m. on October 21, 2019, in the Pahrump chambers and a sign ordinance workshop on October 29,2019, also in the Pahrump chambers. She attended the Tri-County meeting which she found quite interesting. Tri-County would meet in Pahrump on December 19, 2019. Regarding the Holiday Task Force, Commissioner Blundo said there would be Thanksgiving and Christmas dinners this year at NyE Communities Coalition . The next meeting of the task force would be on Monday at 4:00 p.m. in room 32 at the Coalition . He then talked about an item on the local library board to restrict the Second Amendment which he along with Commissioners Koenig and Cox spoke in opposition to . The item was tabled and they were going to speak with the District Attorney and the Sheriff's Office . He reminded everyone that roughly six months ago the Board adopted Resolution 2019-12 stating Nye County was a Second Amendment county.

Commissioner Wichman

thanked Commissioner Strickland for covering her on the Tri- County Board while she was attending her first meeting of the Indigent Defense Board. They selected three individuals to forward to the Governor to be appointed as the executive director. Regarding the library, Commissioner Koenig expla ined it started because someone was uncomfortable with a gun being there. TIMED ITEMS

Commissioner Cox

was not present. 8.10:00 - For Possible Action - Public Hearing, discussion, and deliberation to issue an Outdoor Festival License to Douglas Dubin for the Nightmare Before Christmas - Party in the Park event to be held December 13, 2019, at Petrack Park, 150 Highway 160, Pahrump, Nevada.

Commissioner Koenig

opened the public hearing. October 15, 2019

Commissioner Koenig

closed the public hearing .

Commissioner Blundo

asked Mr. Dubin how he would address the request for dumpsters, port-a-potties, etc.

Mr. Dubin

said they were going to hold the event at Petrack Park to deal with the electrical issues. As far as port-a-potties , he had already been in contact with Elena and they were on track to have that all taken care of, including the dumpsters. They also had volunteers to provide security.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. 9.10:00 - For Possible Action - Continued Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-12: A Bill proposing to repeal and replace in its entirety Nye County Code 17.04.770, the Signage Requirements applicable to the Pahrump Regional Planning District; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Strickland

made a motion to reject ; seconded by Commissioner Blundo.

Commissioner Koen

ig opened and closed the public hearing.

Commissioner Strickland

said this item would move forward through workshops, the first one being October 29, 2019, at 1:00 p.m. in the Pahrump chambers . Once input was received the ordinance would move forward .

Commissioner Blundo

said he would like to see business impact statements for this bill, which Tim Sutton confirmed would be done.

Commissioner Koenig

opened the public hearing. William Greenberg, who lived at 4771 E. Honey Locust Drive, said it seemed like the setbacks from the wall were quite a bit smaller with these changes. In the previous code it was a 20-foot setback from the residential walls and now it would be as little as 10 feet. In his previous residence he had problems with trash dumpsters making a lot of noise and semi-trucks com ing along the back of the wall which resulted in a lower appraisal for the property. Mr. Greenberg said he would like the Commission to consider having the setbacks at least 20 feet from the residential walls , not having any access by service trucks , and no dumpsters near the residential walls.

Commissioner Koenig

closed the public hearing .

Commissioner Koenig

said he understood this was a walking trail and the zoning was being changed just to match the rest of the area. Cheryl Beeman from Planning said that was correct.

Commissioner Koenig

reopened the public hearing. Gregory Hafen II said this property did not abut the house on Honey Locust. This was the walking trail in front of it which had previously come before the Board with a tentative map for a commercial subdivision. During finalization of that map they found the zoning was not in compliance with the master plan so they had to come for a zone change. Mr. Hafen said it had been designated neighborhood commercial since prior to Planning and Zoning.

Commissioner Koenig

closed the public hearing.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Wichman ; 5 yeas. October 15, 2019 PUBLIC WORKS

Commissioner Blundo

made a motion to approve ; seconded by Commissioner Strickland. Public Works Director Tim Dahl expressed his appreciation for this being considered. He wanted to continue to convey his appreciation to US Ecology for participating and for all they did during the first household hazardous waste day held. Dan Church, general manager at US Ecology, said he appreciated the opportunity to work with the County . Public Information Officer Arnold Knightly said this was a big undertaking by US Ecology and they did the heavy lifting for the event , which garnered 8,550 gallons of waste.

Commissioner Koenig

said he would also like to see this held in areas like Amargosa and Beatty.

Commissioner Koenig

read the proclamation into the record. PUBLIC PETITIONER

Sheriff Wehrly

was present. TIMED ITEMS 11.10:00 - For Possible Action - Public Hearing, discussion and deliberation on SU-2019-000064: An application for an Amendment/Modification of an Existing Special Use Permit to allow the expansion of a marijuana establishment (cultivation and production) located at 340 E. Mesquite, Pahrump, NV, Assessor's Parcel Number 029-601-28, to expand to include 360 E. Mesquite, Pahrump, NV, Assessor's Parcel Number 029-601-27. Janet L. Jensen - Property Owner. NCMM, LLC - Applicant.

Commissioner Koenig

opened the public hearing. John Bosta asked that his statement be included in the minutes [see Attachment 3]. He submitted a portion of a September 21 , 2018, letter from the Legislative Counsel Bureau (LCB) to Senator Pete Goicoechea on the marijuana fees and taxes assessed. The letter stated that because money collected from a business license fee or tax on marijuana establishments located in an unincorporated town was revenue collected or received pursuant to NRS 269, it was the LCB's opinion those revenues must be deposited in a separate fund maintained for the benefit of the unincorporated town and used solely for the benefit of the unincorporated town . Mr. Bosta asked when the Board would deposit the money received from FY15 through FY19 into the accounts of the unincorporated towns .

Commissioner Koenig

closed the public hearing.

Commissioner Strickland

made a motion to approve SU-2019-000064 subject to the conditions of the approval by the RPC; seconded by Commissioner Wichman . Dave Stevens stated his dislike of marijuana.

Commissioner Wichman

asked Treasurer John Prudhont if he had the bank reconciliations.

Mr. Prudhont

said no because they were working with the outside auditor. Three reports were submitted for them to review, which they had some questions and issues with . About two weeks ago his chief deputy went over the reports with them and determined that a methodology did not correspond to the way they believed the cash reconciliation should correspond . Kim Lara was brought back in to help, but unfortunately her methodology was not reviewed as much so there were a lot of things on the bank reconciliation for the last 13 years. He said he had brought some of the items to the Board's attention in prior meetings such as outstanding checks.

Commissioner Wichman

felt Mr. Prudhont was saying he was having a hard time doing the job he wanted to do and was just blaming the past. She said everyone knew there were problems in the past and Mr. Prudhont was told about them before he wanted the job. She asked if Mr. Prudhont remembered saying the Board would get the reports and not having a report in over a year was not acceptable.

Commissioner Wichman

said his chief deputy was doing a fantastic job, but she was scrambling to try to get where she needed to be to provide what Mr. Prudhont needed so he could come before the Board and present a complete report. She told Mr. Prudhont he needed to get his chief deputy some help and get the right people in place to get this done . Commissioner Wichman stated Mr. Prudhont was now in violation of NRS and he needed to straighten it out.

Commissioner Koenig

stated DTAX was not happy as Mr. Prudhont knew. The County was back on fiscal watch and would be on it for over a year . The outside auditor was really unhappy as he could not start the audit until he got the reports, and

Commissioner Koenig

could not tell if the reports were correct because he did not have a bank reconciliation report.

Commissioner Wichman

added Mr. Prudhont had one month to do the corrected reports .

Commissioner Strickland

noted journal entries were done in the past which included notes of what errors were present so the balance sheet and the Treasurer's report would match. She wondered if that idea could be presented to the auditors.

Mr. Prudhont

said his chief deputy was in the process of having them give direction on how to deal with some of the items that had been rolling plug numbers for years which were still on the bank reconciliation. October 15, 2019 12.10:15 - For Possible Action - Discussion and deliberation regarding the Treasurer's Reports-Cont'd.

Commissioner Strickland

asked if that had been acceptable to DTAX was it not acceptable to do plug numbers again moving forward to satisfy them.

Commissioner Wichman

said it was not a plugged number. She explained in the past there was a list of outstanding items that the Treasurer's Office did not have an opportunity to go back to fix or find which made that number. She said Mr. Prudhont was now running out of time. DTAX was not happy and the next step for them was to come in and take over the Treasurer's and Comptroller's Offices and run Nye County financially until they felt the County was up to speed with having people trained, could produce the reports on a monthly basis , and the audits were clear at the end of the year. The next step after fiscal watch was basically receivership by the State.

Mr. Prudhont

said the reports would be up to date at the November Commission meeting. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Blundo

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

Commissioner Wichman

asked about the timeframe to be back on track with regular maintenance in Smoky Valley. Tim Dahl said they needed to complete fog sealing on some roads before winter set in and then they would be back on regular maintenance.

Commissioner Wichman

said around the first of the year she talked to Mr. Dahl about Title 5 applications and RS2477 roads. She spoke with someone from the BLM southern district who indicated they still had all the Title 5 applications and would not move forward on anything else until those went through the system. She asked Mr. Dahl if the Title 5 applications for non-maintained roads had been withdrawn as they had discussed .

Mr. Dahl

said not to his knowledge and he would get in touch with BLM.

Commissioner Blundo

thanked Commissioner Koenig for attending the durapatcher unveiling.

Commissioner Koenig

said it was his pleasure. He explained how potholes were fixed now with the cold mix and a week or month later everything was gone and there was another pothole. The durapatcher sprayed oil with the chip, giving it a bonding agent which tended to last longer . October 15, 2019 SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Strickland

assumed the Chair of the Licensing and Liquor Board. LIQUOR 14. For Possible Action - Discussion and deliberation to extend the two temporary Retail and Package Liquor Licenses for Nevada Desert Lounge located at 1481 E. Nevada Highway 372, Units Band C, Pahrump, NV. Nicholay Panchev- Manager/Applicant and Peter Panchev - Owner/Applicant.

Commissioner Koenig

made a motion to extend the two temporary retail and package liquor licenses for Nevada Desert Lounge for three months; seconded by Commissioner Wichman.

Sheriff Wehrly

advised her office did not have all of the information and she would like to request that missing information from the owners. She thought at the end of this period there would be a permanent license. She noted this was not impacting their ability to do business so she did not think it was a problem . Nicholay Panchev, manager of Nevada Desert Lounge, said a year ago Peter Panchev and he applied in good faith for actual liquor licenses, not temporary liquor licenses, and they did not apply for permanent licenses contingent on investigations and reports . He said this was the fifth time he had been on the agenda and ten days should be a reasonable time for the Board to deny or approve the license.

Commissioner Koenig

explained the Sheriff had further questions so the temporary licenses were continued until she got her answers. He told Mr. Panchev he could stay in business and this would not affect his patrons at all.

Sheriff Wehrly

added her new financial officer reviewed the financial portion of this and had questions the Sheriff wanted answered before it went any further.

Commissioner Koenig

made a motion to extend the temporary license by three months until the Sheriff's questions were answered; seconded by Commissioner W ichman; 6 yeas.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. October 15, 2019 The Board was in recess unt il 1:20 p.m.

Commissioner Cox

was not present. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 16. Committee Reports There were none. 17. For Possible Action - Discussion and deliberation to consider terminating the Lease Agreement for the Town of Pahrump annex with the Disabled American Veterans Chapter 15 (DAV) for lack or written intent to renew the annual lease pursuant to Section 1.4 of the Lease Agreement. Tom Waters, representing Chapter 15 of the DAV , said they would like to continue the lease. He explained it was an oversight that they did not submit a written letter 10 days in advance of November 10, 2019, but it would be submitted within 72 hours.

Commissioner Blundo

made a motion to not consider terminating the lease and to renew the annual lease pursuant to section 1.4 of the lease agreement; seconded by

Commissioner Strickland

. Bradley Richardson advised the motion would be to not term inate rather than not consider.

Commissioner Blundo

amended his motion to renew ; Commissioner Strickland amended her second; 4 yeas . 18. For Possible Action - Discussion, deliberation and possible direction to staff to consider allowing an ambulance service provider to operate within the Town of Pahrump to provide Critical Care transport services. Fire Chief Scott Lewis said this issue arose every few years. The town board had addressed it, it had been investigated on multiple levels, and it all came down to the same thing . The service levels currently being provided were appropriate with variable tiers of different vendors that collaborated through partnerships. He said he was bothered the most by how this particular proposal had bypassed all of the established processes and procedures for bringing something to the Board . The proposal was not systematically cultivated between the key stakeholders who would analyze and evaluate the actual needs. With an actual needs assessment the information gathered would be used to come up with a viable format based on service level requirements, which Chief Lewis thought gave the best product. He also disclosed that his wife was an employee of one of the vendors, but she was in service long before he came to the valley. October 15, 2019 18. For Possible Action - Discussion, deliberation and possible direction to staff to consider allowing an ambulance service provider to operate within the Town of Pahrump to provide Critical Care transport services-Cont'd.

Commissioner Blundo

felt a monopoly had been created in Pahrump. Given what he had seen reported in the news and the frustrations of the public he believed the County had an obligation to provide the best, cost effective health care service, and he tried to give Chief Lewis more staff without paying more. This was an opportunity to look outside of the box and participate with other individuals . As a town board they could not force certain vendors upon the hospital, however, Commissioner Blundo did force Chief Lewis onto the hospital. Commissioner Blundo felt more access and care to allow Chief Lewis to respond to fires and maximize his staff to serve the people in Pahrump and not driving into Las Vegas was a win/win.

Commissioner Cox

was present. Chief Lewis said that thinking was flawed and the statement that they provided the service as a monopoly was inherently untrue. Additionally, eliminating their ability to do inter-facility transfers at multiple levels took revenue away. He said he had no control over Desert View Hospital and what providers they sent out, which this was kind of doing .

Commissioner Blundo

asked how it would be a negative if this Board found better services could be provided that way with multiple vendors. Chief Lewis said this was not doing that and that was the point.

Commissioner Blundo

pointed out that specific critical care transport (CCT) was what Mercy Air did. Chief Lewis said that was partially true. CCT was provided by multiple vendors at different levels already as it was built into the system. He did not think the County had the ability to control Desert View's business models. He also felt there was a misrepresentation on the number of patients that would travel by ground versus those who needed immediate medical assistance and met flight criteria. That determination was made by the doctors .

Commissioner Wichman

felt bringing in private individuals competing with the partnerships established risked the entire structure falling apart.

Commissioner Blundo

understood there were two providers, Pahrump Fire and Mercy Air. Chief Lewis said that was incorrect. There were Las Vegas based companies including AMR that came out with specific teams to provide specialty care. Those people were also utilized in other areas including Amargosa and Beatty. October 15, 2019 18. For Possible Action - Discussion, deliberation and possible direction to staff to consider allowing an ambulance service provider to operate within the Town of Pahrump to provide Critical Care transport services-Cont'd.

Commissioner Cox

said one of her big concerns was the fact that things were getting better with a lot more people moving in. She wondered if the County as an ambulance service for the town would have to hire more people and buy more ambulances for the development and growth because she thought what was in place now was very busy . If someone else came in they could pick up what the County was not able to handle rather having to spend more taxpayer dollars for ambulances and personnel. Chief Lewis said ambulance calls were billed so tax money was not paying for those. As the need increased the general principle was that the money was supporting the agency so it grew proportionate to the population base. He reminded the Commissioners these were inter-facility transfers and they did not have the ability to tell Desert View who to use to transport.

Commissioner Wichman

advised several private companies came to Tonopah when the crisis hit there because the needs assessment had not been done. They just figured they were going to come in and provide service forever. There were two or three who were there for a couple of months until people started depending on them and then overnight they were gone .

Commissioner Cox

said she looked at this like they would be another partner rather than a separate business. Chief Lewis said that was not what it was geared towards. This was for inter-facility transfers, not for the 911 service in the community.

Commissioner Koenig

asked how many transfers Chief Lewis did in a week. Chief Lewis said they had two to three in a 24-hour period, and Mercy Air did about 1.3 a day, but there were others that came out of Las Vegas on mutual aid and other special assignments. Susan Davila, CEO of Desert View Hospital, was present.

Commissioner Koenig

asked Ms. Davila who she called when a patient needed to be transferred from Desert View to a provider in Las Vegas.

Ms. Davila

explained it depended on the needs of the patient, either Mercy Air or Pahrump Fire. The other provider they would use was AIVIR, but she thought they had been used very little for children.

Commissioner Koenig

asked her if she would be able to use another provider only for transport to Las Vegas or wherever. October 15, 2019 18. For Possible Action - Discussion, deliberation and possible direction to staff to consider allowing an ambulance service provider to operate within the Town of Pahrump to provide Critical Care transport services-Cont'd.

Ms. Davila

stated her concern would be doing their due diligence on this and looking at all of their transfers. As to growth of the community, she said they had not seen an increase in transfers in three years of ground, but air they saw about 1.5 a day go out of their facility. The data indicated about 85% of those were because of cardiac and that golden hour. She believed that pretty much answered the question on the service need of critical care. It was already available in Pahrump.

Commissioner Blundo

said his concern was he wanted Pahrump Fire servicing the residents in Pahrump .

Ms. Davila

stated Pahrump Fire did an awesome job. There was never a delay and the ER doctors would say they could not believe what they saw in Pahrump with the very sick people. She said in one day Chief Lewis' crew had 15 transfers, each of which was timely and everyone got the proper care they needed.

Commissioner Wichman

said in the north everyone was excited about having help, but it created a muddled mess where individuals were fighting over who had authority. That confusion ran off a lot of the volunteers at the same time and they did not make enough money to survive so they left. She asked Ms. Davila if she saw that happening here.

Ms. Davila

said yes because they saw it in the Las Vegas area too. If it was something the Commissioners felt very strongly about she said there needed to be a study done to establish if there was a need. Ms. Davila saw the numbers and it did not make sense to her, but the study would lay it out in black and white for everyone.

Commissioner Strickland

made a motion to direct staff to provide a needs assessment to determine if additional ambulances were needed for critical care; seconded by

Commissioner Cox

felt the ordinance needed to be changed because if companies were willing to come in it was called free enterprise. If they lost their business they lost it, not the County. She thought if this ordinance was preventing the County from moving forward with free enterprise then maybe the County was in the wrong. Chief Lewis explained the ordinance was a stop gap to allow the conversation and to prevent anyone from coming in who might not be up to par. Without that anyone could come in and then there would be a real problem. He pointed out there was also a sect ion of the MOU with the hospital that if Pahrump Fire did not provide a certain service level they could use whatever means necessary and they could not be dictated to. October 15, 2019 18. For Possible Action - Discussion. deliberation and possible direction to staff to consider allowing an ambulance service provider to operate within the Town of Pahrump to provide Critical Care transport services-Cont'd. Horace Carlyle stated his support of Chief Lewis and said the Commissioners were not dealing with private enterprise. They were dealing with public health , safety and welfare. Dave Stevens felt an ambulance service was needed in Pahrump. David Eisma said the nature of this discussion was not intended to supplant Pahrump Valley Fire and Rescue. The nature of this discussion was to provide another level of service for patients who required something greater than ALS or a paramedic level of care without a time sensitive diagnosis. He thought this level of service would be more utilized than anticipated and that there were a lot of patients that met the criteria .

Commissioner Wichman

asked if Mr. Eisma had spoken with Desert View Hospital or Chief Lewis.

Mr. Eisma

said he called Desert View three times and left messages, but the calls were not returned, and he was told Pahrump was not interested. Tom Waters agreed with the needs assessment, but said people coming into town seeing how much money they could make and leaving if they did not needed to be looked at. He thought in the end it would go back to exactly what it was right now because it worked.

Commissioner Blundo

found it interesting to talk about a needs assessment when it was very simple - having another provider that could supplement. He said he wanted to have a sit down and have a better understanding, but the Chief was not receptive to that because the incoming party was not a stakeholder. As to the money , Commissioner Blundo asked Chief Lewis if the money going back and forth to Las Vegas paid for equipment and training. Chief Lewis told Commissioner Blundo if he had questions regarding the financial side Savannah Rucker could summarize it well. She was also in the meeting where it was explained it was a self-funding enterprise fund and not funded by taxes.

Commissioner Blundo

made a motion to approve items 19-21; seconded by

Commissioner Strickland

; 5 yeas. 20. For Possible Action - Approval of Assessor's Office Change Requests to allow the Nye County Treasurer to process and: 1) Issue an amended tax bill in the amount of $1,020.00 to William Harvey Coyle, owner of Assessor's Parcel Number 002-101-01. 2) Issue an amended tax bill in the amount of $92.40 to Richard Brady, owner of Assessor's Parcel Number 036-171-12. 3) Issue an amended tax bill in the amount of $53.28 to Richard Brady, owner of Assessor's Parcel Number 036-171-66. 4) Issue an amended tax bill in the amount of $1,267.58 to the Ronald & Geraldine Baxter Trust, owner of Assessor's Parcel Number 004-322-12. 5) Issue an amended tax bill in the amount of $445.97 to Larrie M. & Rhonda C. Palmer, owners of Assessor's Parcel Number 004-324-13. 6) Issue an amended tax bill in the amount of $1,296.13 to Jay T. & Jean I. Gunter, owners of Assessor's Parcel Number 004-261-13. 7) Issue an amended tax bill in the amount of $696.71 to Sara E. Keehfuss & Aldous A. Hume, owners of Assessor's Parcel Number 004-199-11. 8) Issue an amended tax bill in the amount of $1,335.46 to Spencer & Kaysha Murphy, owners of Assessor's Parcel Number 000-006-90. 9) Issue an amended tax bill in the amount of $1,246.87 to Sarcobatus Land Mining Cattle, owner of Assessor's Parcel Number 004-272-01. 10) Issue an amended tax bill in the amount of $120.39 to Allen T. & Jeanne H. McCloud, owners of Assessor's Parcel Number 004-222-08. 11) Issue an amended tax bill in the amount of $209.91 to Allen T. McCloud, owner of Assessor's Parcel Number 004-224-07. 12) Issue an amended tax bill in the amount of $341.07 to the Bottom Family Trust, owner of Assessor's Parcel Number 000-006-28. 13) Issue an amended tax bill in the amount of $1,004.57 to Lesa Jean Lord, owner of Assessor's Parcel Number 004-195-27. 14) Issue an amended tax bill in the amount of $231.70 to Michael J. & Marilyn K. Burch, owners of Assessor's Parcel Number 001-181-05. 15) Issue an amended tax bill in the amount of $127.64 to James F. Phillips, owner of Assessor's Parcel Number 001-181-02. October 15, 2019 20. For Possible Action - Approval of Assessor's Office Change Requests to allow the Nye County Treasurer to process and-Cont'd: 16) Issue an amended tax bill in the amount of $913.86 to Richard & Karen Cale, owners of Assessor's Parcel Number 000-006-89. 17) Issue an amended tax bill in the amount of $200.39 to Charles W. & Laurie D. Robertson, owners of Assessor's Parcel Number 004-205-11. 18) Issue an amended tax bill in the amount of $1,649.46 to Susan E. Dobson & Luigi lamele, owners of Assessor's Parcel Number 004-322-13. 19) Issue an amended tax bill in the amount of $607.28 to Dennis R. & Mary L. Clinton, owners of Assessor's Parcel Number 001-191-37. 20) Issue an amended tax bill in the amount of $1,125.92 to Jeffrey Alan Jacobson, owner of Assessor's Parcel Number 001-281-01. 21) Issue an amended tax bill in the amount of $168.10 to Long Shot, LLC, owner of Assessor's Parcel Number 008-249-01. 22) Issue an amended tax bill in the amount of $141.46 to Candida & Ramon Silva, owners of Assessor's Parcel Number 006-243-07. 23) Issue an amended tax bill in the amount of $463.27 to Gil H. & Laurie A. Heideman, owners of Assessor's Parcel Number 006-301-17.

Commissioner Blundo

made a motion to approve items 19-21; seconded by

Commissioner Strickland

; 5 yeas. 21. For Possible Action - Approval to set the date and location for the second Board of Commissioners meeting in January for Wednesday, January 22,2020 in Pahrump, Nevada.

Commissioner Blundo

made a motion to approve items 19-21 ; seconded by

Commissioner Strickland

; 5 yeas . BOARD OF COMMISSIONERS 22. For Possible Action - Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County's management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 23. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County's management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. October 15, 2019 24. For Possible Action - Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda . 25. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2019-33: A Resolution directing the County Assessor to prepare a list of the taxpayers on the 2020-2021 secured tax assessment roll in Nye County, Nevada and directing distribution of the same.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Strickland ; 5 yeas . 27. 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. 2019-07: A Bill proposing to amend Nye County Code Title 9, Public Peace, Morals and Welfare, relating to 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 Blundo

made a motion to set the date, time and location as December 17, 2019, at 10:00 a.m. in Pahrump; seconded by Commissioner Strickland; 5 yeas.

Commissioner Blundo

read the title of the bill into the record. CLERK 28. For Possible Action - Discussion and deliberation to appoint one member to the Tonopah Town Board due to one resignation.

Commissioner Wichman

made a motion to appoint Marc Grigory; seconded by

Commissioner Strickland

; 5 yeas . 29. For Possible Action - Discussion and deliberation to appoint one member to the Northern Nye County Hospital District due to one resignation.

Commissioner Wichman

made a motion to appoint Emily Hendrickson; seconded by

Commissioner Strickland

; 5 yeas. 30. For Possible Action - Discussion and deliberation to appoint one member to the Amargosa Valley Library Board due to one resignation .

Commissioner Wichman

made a motion to appoint Dennis Hall; seconded by

Commissioner Strickland

; 5 yeas . October 15, 2019 DISTRICT ATTORNEY 31. For Possible Action - Discussion and deliberation to approve the 2019 Violence Against Woman Act STOP/SASP Project Change Notice removing the name of the prior specialized prosecutor and naming a new specialized prosecutor in the District Attorney's Office.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. SHERIFF 32. For Possible Action - Discussion and deliberation to issue a Display Fireworks Event Permit to Las Vegas Display Fireworks Inc. for an Aerial Display during the Beatty Days Event on Saturday, October 26,2019. This event is being held at the Spicer Ranch, 1 Boiling Pot Road in Beatty, NV. William Scott- Applicant.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo ; 5 yeas. COUNTY MANAGER 33. For Possible Action - Discussion and deliberation concerning a request to set a date, time and location for a Public Hearing regarding Amargosa Enterprises, LLC's application to use water in a county other than that in which it is appropriated or currently diverted or used.

Commissioner Blundo

made a motion to set the date , time and location as November 5, 2019, at 10:00 a.m . in Tonopah ; seconded by Commissioner Strickland; 5 yeas. EMERGENCY MANAGEMENT 34. For Possible Action - Discussion and deliberation to approve a letter requesting financial relief from the State of Nevada Department of Public Safety for financial damages incurred by Nye County during the Storm Area 51 Event.

Commissioner Blundo

made a motion to approve the letter requesting financial relief; seconded by Commissioner Cox; 5 yeas. October 15, 2019 FINANCE 35. For Possible Action - Discussion and deliberation regarding the budget status through June 2019 for Nye County and all sub-entities for Fiscal Year 2019. Liz Enriquez from Finance said the fiscal year would be closed on Friday. There would be a period where it would remain open while the Treasurer's Office worked on a couple of items, but after this Friday there would be no changes to any expenditures or any clean-up that Finance would need to do . All departments in the general fund were in line and Ms. Enriquez did not anticipate any overages. Everything outside of the general fund looked good as well.

Commissioner Koenig

said something was wrong on the marijuana portion of the report as the Amargosa marijuana money was not shown and Pahrump showed negative.

Ms. Enriquez

said she would check on that. John Bosta asked that his written statement be included in the minutes [see Attachment 4]. Mr. Bosta wanted to know when the budget for the Town of Belmont was adopted as the Comptroller had stated the Department of Taxation did not give a tax rate for Belmont. He also asked why the Belmont property taxes were included in District 10. Lastly , Mr. Bosta wanted to know when the hearing on the final marijuana budgets for Amargosa , Beatty and Pahrump were set and held and what the fund numbers were for those budgets. 36. For Possible Action - Discussion and deliberation regarding the budget status through August 2019 for Nye County and all sub-entities for Fiscal Year 2020. Liz Enriquez explained that at the beginning of the fiscal year revenue was slow coming in because receipt of CTAX ran about two months behind. She noted that throughout the report a lot of the departments had encumbered their contracts, which was typical, but they were annualized and none of them appeared to be over extended . She said on page 5 of the general fund the breakdown of transfers from the general fund to the other funds in Nye County were shown.

Commissioner Koenig

said again he questioned the veracity of the last page since the other one was wrong .

Ms. Enriquez

said there would be an agenda item coming up in November where Finance would do a full analysis of the marijuana receipts.

Commissioner Blundo

said he would like to have it also broken down on a year by year basis for the finite numbers . October 15, 2019 36. For Possible Action - Discussion and deliberation regarding the budget status through August 2019 for Nye County and all sub-entities for Fiscal Year 2020-Cont'd. John Bosta said it was his opinion that the County deducting its budget expense of illegally issuing marijuana licenses within the unincorporated towns with a negative ending balance was in violation of NRS 269.040. Mr. Bosta did not believe any money had ever been reserved for the unincorporated towns .

Commissioner Koenig

stated those funds were in separate accounts in the general fund created at his request. He asked for one change in the report. He said it was not an end balance . It was a variance from the original budget. 37. For Possible Action - Discussion and deliberation concerning a request to set a date, time, and location for a Public Hearing to adopt, amend and adopt or reject Nye County Resolution No. 2019-34: A Resolution Authorizing a Temporary Interfund Loan for Fiscal Year 2019-2020.

Commissioner Koenig

explained this was recommended by the CLGF because the fund would be negative until the County was paid back and they did not like negative funds. Liz Enriquez added this item was brought back from a previous meeting for clerical clean-up .

Commissioner Wichman

made a motion to set the public hearing for November 5, 2019, at 10:00 a.m.; seconded by Commissioner Strickland ; 5 yeas. H/R AND RISK MANAGEMENT 38. For Possible Action - Discussion and deliberation regarding approval of the proposed amendments to Sections 1 - General Provisions, 4 - Position Classification Plan, and 6 - Leave Plans of the Nye County Personnel Policy Manual. Human Resources Manager Danelle Shamrell explained the Personnel Policy Manual was pretty large with a lot of changes. Instead of putting a several hundred page packet in front of the Board and District Attorney to review it would be done in sections. There would be parts that looked like they were removed , but they were just potentially moved into another section. Ms. Shamrell said once the Board had reviewed all sections there would be a resolution to adopt the whole policy.

Commissioner Koenig

said on page 2 under general provisions "Nye" was missing the "e". On page 1, position classification plan, where it stated Nye County would develop and maintain a classification for all positions, Commissioner Koenig believed the next sentence should begin with the word "Classifications" with an "s". October 15, 2019 38. For Possible Action - Discussion and deliberation regarding approval of the proposed amendments to Sections 1 - General Provisions, 4 - Position Classification Plan, and 6 - Leave Plans of the Nye County Personnel Policy Manual-Cont'd.

Commissioner Blundo

said section 4.1.4, new positions, stated in yellow when preparing a request to talk to the Human Resources Director, prove justification, etc., and it would be considered by the County Manager. If it would result in an increase of department budgeted positions, approval by the Board of County Commissioners was required. Commissioner Blundo asked if all positions should require justification from the Board.

Commissioner Wichman

stated that over the years as new positions came the Board had approved them .

Commissioner Blundo

said that was not stated here.

Mrs. Shamrell

explained if there was a new position she wanted in her department, providing it did not increase head count and could be done within the budget she had approved, it could be done through the justification form and the County Manager had the final say. If it increased head count or the budget it had to come to the Board.

Commissioner Blundo

said he would like to see language where any change came before the Board , even if it was a consent agenda item, and then they were the final determining body on these items.

Commissioner Koenig

wondered why the Commissioners would care if it did not increase money going out or anything else.

Commissioner Blundo

stated for the simple reason the position may not be warranted or justified .

Mrs. Shamrell

said this was only talking about a new position, not a position that became vacant.

Commissioner Koenig

said he did not care what the secretary was called, but if they made $15.00 an hour and were going to be raised to $20.00 an hour and that puts the department out of its budget he wanted to know about it. He said he was not concerned with minutia .

Commissioner Blundo

asked about the current policy that an employee could call in 15 minutes prior to their shift.

Mrs. Shamrell

said that was correct, but most of the County employees were governed by a collective bargaining agreement so some of the rules in this would not govern October 15, 2019 38. For Possible Action - Discussion and deliberation regarding approval of the proposed amendments to Sections 1 - General Provisions, 4 - Position Classification Plan, and 6 - Leave Plans of the Nye County Personnel Policy Manual-Cont'd. them . For instance, the NCEA members had to call in within 15 minutes of their start time so they had between 8:00 a.m. and 8:15 a.m. to notify someone. The intent of that was to avo id leaving messages on a machine and the employee would actually talk to a supervisor. Karen Williams asked how a brand new position could be added that did not increase the head count and did not add to the budget

Commissioner Wichman

explained that usually happened when there were a couple of vacant spots that could not be filled because the job classification had become antiquated, like a clerk/typist. When that job was vacated and no one could be attracted to fill it then a new position would be created, meaning the title and the description of the job was different than what it was in the past.

Commissioner Wichman

made a motion to approve the proposed amendments; seconded by Commissioner Strickland ; 4 yeas . Commissioner Blundo voted nay. BOARD OF COMMISSIONERS 26. For Possible Action - Discussion and deliberation to send written notice to terminate the Memorandum of Understanding between Nye County and Clark County Metro which was signed in conjunction with the emergency declaration for the Storm Area 51 event pursuant to Section 14 of the MOU.

Commissioner Koenig

said his name was on this, but it was not his agenda item . Tim Sutton explained at the last meeting there was an item to ratify the MOU and there were some concerns expressed about the Board 's ability to approve that as it was a done deal. It was brought back so the Board could terminate it if it so chose .

Commissioner Wichman

made a motion to send the written notice to terminate; seconded by Commissioner Strickland. At Commissioner Koenig 's request, Sheriff Wehrly explained years ago the County had an MOU with Clark County. When the Area 51 event came up she was sent this MOU and asked if she had a copy of it because it was really needed overall, not just for Area

Commissioner Wichman

withdrew her motion . October 15, 2019 26. For Possible Action - Discussion and deliberation to send written notice to terminate the Memorandum of Understanding between Nye County and Clark County Metro which was signed in conjunction with the emergency declaration for the Storm Area 51 event pursuant to Section 14 of the MOU-Cont'd.

Commissioner Strickland

withdrew her second and asked if the District Attorney had a chance to review the document prior to the Chairman signing it. Bradley Richardson said he reviewed a version of it and had a couple of changes he wanted made. On the first page it indicated both agencies operated within Clark County, Nevada.

Sheriff Wehrly

explained this MOU was not only for Nye to call Clark for help but it was also for Clark to call Nye for help .

Mr. Richardson

had no problem with the overall legality of the MOU. There were just a couple little items in there that were not quite accurate but did not affect the overall legality of the MOU. Comm issioner Koenig said his personal opinion was this should be rejected and he would ask staff to bring it back for modifications.

Sheriff Wehrly

said she would much rather let it stand and do a modification with Clark County as this also had to go through their board .

Mr. Richardson

had no concern with letting this stand and then taking a look at massaging some of the verbiage .

Commissioner Strickland

made a motion to keep this MOU in place between Nye and Clark County Metro signed in conjunction with the declaration for the Storm Area 51 event pursuant to section 14 of the MOU with the intent the document would be modified to reflect the current needs; seconded by Commissioner Wichman .

Commissioner Blundo

said he raised some concerns when it was heard the first time and asked the District Attorney to look into some of those concerns. He did not want to see Metro showing up in Pahrump giving tickets.

Sheriff Wehrly

assured Comm issioner Blundo that would not happen. They would not show up unless she asked them and the jurisdictional lines were intact. She repeated she had been doing this for five years without an MOU anyway and this would just reduce the timeframe.

Commissioner Blundo

made a motion to approve the cultivation and production licenses for the annual renewal; seconded by Commissioner Strickland .

Commissioner Koenig

advised he received an e-mail stating they were current on their payments. John Bosta said his written statement for item 11 had a footnote indicating it was also for items 39-43 .

Commissioner Koenig

stipulated that Mr. Bosta's comments for item 11 applied to items 39-43 as well.

Commissioner Blundo

made a motion to approve both production licenses for annual renewal; seconded by Commissioner W ichman. Dave Stevens stated his dislike of marijuana . Scott Rutledge from Argentum Partners advised there had been some changes to the management and operation of this facility as well as their facility on item 42. He put a letter into the record from United AMS , the court appointed receiver for the licenses of CWI\Jevada. Mr. Rutledge said their firm was representing the receiver in this matter. Jeff Donato said he had worked closely with the County since the receiver took over to make sure everything was current up to today.

Commissioner Blundo

made a motion to approve MM-2019-000086, RM-2019-000061, and RM-2019-000062; seconded by Commissioner Wichman. Scott Rutledge said due to some of the reasons why this lead to rece ivership they were fighting to preserve the licenses with the State. He asked for a letter from the Board to the State requesting the licenses be preserved regardless of whether or not they were able to maintain them or that the State allow them to sell the licenses . Bradley Richardson said that was not on the agenda . Dave Stevens said he was against marijuana.

Commissioner Blundo

asked if Dr. Bady was moving this license to a different location . Steve Osborne from Planning said yes and it was already approved by the Board .

Commissioner Blundo

made a motion to approve the annual cultivation licenses ending in 82 and 54 as agendized; seconded by Commissioner Wichman. Dave Stevens thought the money made on marijuana could pay for an animal shelter.

Commissioner Strickland

made a motion to conditionally approve final subdivision map FM-2019-000010 subject to the property owner submitting a Mylar to the County that was in proper form for recording; seconded by Commissioner Blundo; 5 yeas. 44. For Possible Action - Discussion and deliberation on TM-2019-000019: A Tentative Re-Subdivision Map (Residential) application that is creating 83 additional residential lots from 42 existing SFR lots and 10 Common Element lots on approximately 50.47 acres gross, on property zoned Specific Plan (SP) and located within the Mountain Falls Master Planned Community for an overall project density of 5.23, aka: Planning Area 6, Assessor's Parcel Numbers: 046- 261-02,04,11,13,25,28,34,38 & 39, 046-262-05, 10, 17, 18,20,046-271-01,13,14, 16,26, & 27,046-272-02,09,11 & 12, 046-281-01,10,12,18,19,21,24 & 28,046- 283-02, 05, 13, 15,23,25,27 & 28, 046·294·16 & 18. William Lyon Homes Inc. - Property Owner. Taney Engineering - Applicant.

Commissioner Strickland

asked if it was within the development agreement to reduce the lot sizes. Cheryl Beeman said this proposal was within the parameters of their development agreement, but the recommendation for approval was limited. The tentative map was approved under the planning commission right before the ordinance was changed to have tentative maps come before the Board. When that was done they had waivers for the street design and had an understanding on the T-intersections with a very specific design and a limit on the number of homes to be placed on those lots. Ms. Beeman's approval was only for those lots proposed along the spine road and did not impact any of the T-intersection streets. Scott Swapp from William Lyon Homes said they understood the issue with smaller streets and fire concerns. They were okay with not doing the extra units at the T- intersections.

Commissioner Cox

asked for the justification to do this overall.

Mr. Swapp

explained they had a duplex product they wanted to bring in. There were over-sized lots and the turnover had not been as expected. He said this was requested by the public.

Commissioner Cox

said these were not supposed to be rentals. She was also concerned about the narrow roads and the increased density. October 15, 2019 44. For Possible Action - Discussion and deliberation on TM-2019-000019-Cont'd.

Commissioner Cox

made a motion to deny; seconded by Commissioner Strickland .

Mr. Swapp

clarified they were not for rental and they were not building the back street units on the 28 foot smaller reduced streets. They were only on the spine road and would only be the addition of 26 units. They were very spread out throughout the community where there were larger lots to spread them out.

Commissioner Koenig

said he was tired of larger lots being made into smaller lots and the increased use of water.

Ms. Beeman

pointed out this item was only for the spots along the spine road. The recommendation was disapproval of all on the T-intersections and approval of the 26 on the spine road. Dave Stevens said the foundations should be laid two feet above the ground. John Bosta understood the road had to be above the flood zone and the foundation had to be two feet above that.

Commissioner Koenig

felt the engineers should figure it out. Then Tim Dahl could bring it to the Board and the Board could approve or disapprove it.

Commissioner Cox

asked what happened to 25 mph on gravel and 45 mph on pavement.

Mr. Dahl

said what the signs coming into Pahrump should read should be considered in the future.

Commissioner Koenig

made a motion to have a traffic engineer study the road and make a recommendation for the speed limit to Public Works which Public Works would bring to the Board which would decide if it was acceptable or not; seconded by

Sheriff Wehrly

asked to be involved in the process as well as she could bring information about the roads and intersections the engineer would not be privy to. October 15, 2019 45. For Possible Action - Discussion and deliberation to identify and approve a method to adopt speed limits for Nye County roads-Cont'd.

Sheriff Wehrly

announced that as of today she had been sworn for this County for 45 years. Tim Dahl reminded everyone of the dates of the encroachment permit workshops .

Commissioner Wichman

asked Mr. Dahl to be sure Gabbs was aware of the Beatty or Tonopah dates. Janice Berard said on October 29 , 2019, Dr. Joseph Bradley, who was running for District Assembly 36, would have a meeting at the Artesia Clubhouse at 6:00 p.m. 49. Commissioners'/Manager's Comments

Commissioner Strickland

mentioned the Welcome to Pahrump sign had been defaced with blue paint and asked that it be addressed.

Commissioner Blundo

said he would like to have a letter brought to the Board to be signed by all Commissioners to request the State allow the receivership and allow the people to do what they were doing and preserve the licenses at CW .

Commissioner Koenig

said he would handle it. 50. ADJOURN

Commissioner Koenig

adjourned the meeting. ATTEST: , 2019. ATIACHMENT 1 October 15, 20 19 BoCC meeting My name is Neal Jones. I ask that this written statement be included in the minutes of this meeting. First, Janice and I would like to publicly acknowledge Commissioners Cox and Blundo for their stances regarding the nuisance complaint and public hearing that were held at the past two BoCC meetings. Their courage in not maintaining the status quo; to vote to uphold the laws and protect the rights of the citizens ofNye County to have clean water and to protect our water from the illegal actions of property owners in Belmont and N ye County employees was a huge step forward , in our opiruon. Even though we were not their constituents, they could look at the overwhelming, and only , evidence presented to them and know that the proper, legal and ethical stance was that the property owners in Belmont did not abide by the laws of the State and they should be held accountable for their actions. Doing what is right, moral and ethical was not what Commissioner Wichman proposed. Our rights to have our water protected can be trampled by her friends because there are not enough full-time residents in Belmont to be concerned about. Our elected officials are to represent all the citizens ofNye County, equally. When given the opportunity to que stion and have an open discussion of the issues with us in the public hearing, Commissioner Wichman, and the others, remained silent. Fearful of addressing the true issues at hand in an open, hone st manner. In her all too familiar pattern of " I guess I should have done this earlier.. .", Conunissioner Wichman wished to be unchallenged to grandstand, posture and make unsubstantiated, false statements regarding Belmont and the illegal activities there.

Commissioner Wichman

launched into her personal attack and attempted evisceration of me because we were exercising our rights to have our health, safety and water protected from the well documented illegal actions of others. She took the position that her friends have a right to break the laws because we do not have bodies in the streets. As an engineer, I know there are two ways of exerting one 's strength: one is pushing down, the other is pulling up. (Booker T. Washington) We came forward , publicl y, to air our concerns, as is our right. We were berated , belittled and criticized for being honest and standing up for what is right.

Commissioner Wichman

stated that I am the nuisance; I am harassing people; people are afraid of me. No, these people are afraid of being held responsible for their actions. T hat is the truth. How dare we stand up to the powers that be. We need to be put in our place, beaten down. Do not question authority in Nye County. There will be consequences. We look forward to January 2021 when we might get someone in District 1 who will do the job they are elected to do instead of playing the poli tics as usual game and protecting their friends and associates from being held responsible for their actions. Someone who will protect the rights of all the citizens ofNye County, not just the rights of their friends to do as they damn well please. Thank you . Neal Jones njones 14791 cmgmail.com ATTACHMENT 2 1st Public Comment - BoCC Meeting October 15, 2019 My name is Janice Berard. I request that this comment be placed in today's minutes. My comment is in regards to a statement made by Commissioner Wichman at the last BoCC meeting, during the Belmont nuisance complaint hearing that Neal Jones and I presented . During that hearing Commissioner Wichman deliberately presented her case against us, after the question and answer portion of the hearing had passed. This allowed her to conveniently present innuendos and opinions, with no factual supportive documentation .....pretty much like those individuals did in our nuisance complaint. Nor did her vicious, verbal flogging of Neal's reputation allow rebuttal from him, me or our legal counsel. This was of no surprise for it was reminiscent of other BoCC meetings we have witnessed in the past, where Commissioner Wichman's spin was well-timed .

Commissioner Wichman

mentioned a Belmont "individual" who was afraid of attending the last BoCC meeting due to her belief that Neal was a dangerous person. Ironically, Neal and I have heard this nonsense before from Belmont Town Advisory board chairman, Bud Perchetti. In the past, Mr. Perchetti stated that the previous Saloon owner, Diana Jeppsen was afraid to attend the Belmont meetings, for she compared Neal to the Las Vegas shooter, who killed all those concert goers in 2017. This statement was laughable to those who knew Neal and even more ridiculous to those who know the true reason why similar false statements were again spewed by Commissioner Wichman. If there is one thing I have discovered, those who are unable to provide proof to their statements and are caught with their pants down, tend to resort to tactics that discredit the messenger .....the messenger in this case being Neal Jones. 1 For the record, Ms. Jeppsen was the individual who changed her story on numerous occasions to State investigators about the existence of her illegal well and septic system. This was done with the assistance of certain Nye County employees and other influential connections, including Oz Wichman who was the facilitator between Belmont, l\Jye County and numerous State agencies in regards to the towns' well and septic issues.

Commissioner Wichman

also failed to mention that shortly after being exposed of these misleading statements, Ms. Jeppsen skedaddled out of town, selling the Saloon to Mr. Tracey Bilyeu. I do wonder if Ms. Jeppsen fully disclosed the extent of the problems with the Saloon, before he agreed to purchase it. Perhaps he will clarify this issue at a future BoCC meeting. Or will Commissioner Wichman do that job for him also? It appeared that Commissioner Wichman was tossing out all sorts of wild accusations about Neal to see what would stick and perhaps try to fool what she apparently considers a malleable and uninformed public. Might I remind Commissioner Wichman that the public is not as unenlightened as she may think. From my experience, they are paying attention to the antics that seem to be perpetuated at the County level, by the few who have forgotten who they serve. They are not the type that Commissioner Wichman thinks she can dazzle with her spin and her attempts to publically discredit good people who expose her unethical behavior. Thank you. Janice Berard jbnjreno@aol.com 2 I request that my comments are reflected in the minutes and I summit a copy of my prepared written remarks for inclusion in the minutes Attached here to is a Sept. 21, 2018 letter from the LCB on the Marijuana fee and tax addressed to Senator Pete Gioicoechea. Page 10&11; "Because money collected or received from a business license fee or tax on marijuana establishments and medical marijuana establishments located in an unincorporated town is revenue collected or received pursuant to chapter 269 of NRS. t I the opinion of hi office that any revenu collected or rec Ived from a buslne lie n e fee or tax imposed on such stablishments must not b deposited In the county general fund for th sol b neflt the county. Rather, it is the opinion of this office that the revenue received or collected from a business license fee or tax imposed on marijuana establishments and medical marijuana establishments located In an unlncorporat d town in any county In thl State must be d posited in a parate fund maintained for the benefit of the unincorporated town n olely for th bene t of the unincorporated town. (emphasis added) CONCLUSION Based on th plain language of ectlons 15 and 18.5 of B487 and well- stab" hed rule of statutory con tructlon, it is the opinion of this office that ectlon 18.5 of 5B487 governs the Impo Itlon of busines license fee and axe on marijuana e tabllshments and medical marijuana establi hments locat d In unlncorpor ted towns. If a marijuana establishment or medical marijuana establishment is located in an unincorporated town for which a board of county commissioners is the governing body, It i the opinion of thl office that the board of county commls loners of the county in which th unincorporated town is located I authorized to Impose a business license fee or tax on uch an e tablishment. However, if the town board form of government has been established for an unincorporated town pursuant to NRS 269.16 to 269.022, inclusive, It Is the opinion of thl office that the town oard of the unincorporated town I the entity authorized to Impo e bu In ss license fe or lax on a mariJu na e tablishment or medical marijuana e tabll hment located in the unincorporated town. Finally, because any money collected or received from a business license fee or tax imposed on marijuana establishments or medical marijuana establishments located in an unincorporated town is money collected or received pursuant to chapter 269 of NRS, t Is the opinion of thl offlc that NR 2 9.095 prohlb t h d po It f the money in the county gen ral fund and n tead, equlres any uch money to be kept eparate from other money of the ounty and u d for the ole benefit of the unincorporated town in which th oney Is collected ." (emphasis added) Oct. 15,2019 BoCC Items 11, 39-43 Comment by John F. Basta Page 1 ATIACHMENT3 The County has collected from the FY15 2 n d Q to Fy19 8/31/2019 a Total of $1,749,934.17 in the Unincorporated Towns of Amargosa, Beatty, and Pahrump depositing the money in the General Fund Accounts; 10101-10-4209 MARI.JUANA LICENSES/FEES, 10101-10-4210 Med. Marijuana Monthly Bus Sales Fee, 10101-10-4211 REC. MARI.JUANA LICENSES/FEES, & 10101-10-4212 Rec. MARI.JUANA MONTHLY BUSINESS FEES. When will the BoCC deposit the money received from FY 15 - FY19 (8/31/2019), a Total of $1,749,9 34.17, collected or received pursuant to chapter 269 of NRS 269.095 into the Unincorporated Town accounts? Respectfully, John (jBosta Oct 15,2019 BoCC Items 11, 39-43 Comment by John F. Bosta Page 2 'W I•. (, ' 1' I \ "t: ( ill i u 1l·.: !h: .1 ... 't :l d' l'; _:: 11.'\ I ' J )! <: I I ,1\1,: .:.: ,,\1 1\\1 ': . .rl l Iv , ': .1·.·_ , . 11 .• •. ' I ,. : , ' . ' 1 ... ,·, >I k "t"i,'1 ilq :1 ·f. I '! i,' 1'-, r, II • • d L " ,·!'.IId t ', : lt l.' ,·"lI l\[ . : 1.' . 1 i uc r " ," 1:·: l " u nl" \ .!l i, h 111 .. 11 ' II , . " ;", ', I I ,' :i•• !. ,ti··,,·..:li" ll J...... _ t ," [I " '" th•.: n r :"'l l tJf r" • ... rh•.· l", q. 1 \ ' -, ill .. • • ; -' l " lrl t 11.:\ II .... .... ,,! ,II'.:r : , 1'" . 1 tun.: ', 1 " d .: ·\ 1111 11 1,' h "/1 el 'l l ,,( I lk' ' . 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I i ,II rc qui rv .11l: ' UL h :110 -11- :- \1' "''- ' l'I ' :I!".lI ,: l: <,tll.li l llT . q thl.' , " li nt> , lI, ..! : ,'I.'Li 1, ,\ III:,-"k " I.' Il .: li l "I 1:1.' III II " Ii" 'o't-.. J ;, ' 11 i l I II \d li ·11 III ' 1; 111(", ' \ I , C ' ,II ..·.. k ,L .1Il: 11irl Il c' J ol 1\ I ,n _ .. I .I '11. I\ I . : ,,1..1 I I I I, " _ " I, I.I I ! " ( . ' l lJ1:-l' ! I \: I I 1: :- .'11 I ,,·rn!.::, '" ' 11' '' 1 Pn l ) ';p,.! l ) '1" 11\ I Ih il r I I., I r.l.«: 1 ,'_ 1. 1.11 , I I "LUI " H.I ! .,1 n I 11 , I. l" · , I request that my comments are reflected in the minutes and I summit a copy of my prepared written remarks for inclusion in the minutes Page 1 provides the Nye County Budget to Actual Revenue Report for FY 2019; General Fund Revenues provides a total 2019 Budget for Real Property Taxes and Personal Property Taxes, but does not give the budget amounts provided by each Unincorporated Towns of Beatty (page 7), Gabbs (page 8), Pahrump (page 9), and Manhattan (page 10), and a total for Licenses and Permits ( Liquor, gaming, ect.), but does not give the budget amounts provided by Marijuana Revenues of Amargosa, Beatty, and Pahrump (page 11). The Comptroller says the Department of Taxation does not give a Tax Rate for Belmont so there is no Budget for the Unincorporated Town of Belmont. However, a review of the Nye County Real Property Taxes for FY 2018-2019 by Pam Webster, Nye Co. Treasurer for District 10, Smoky Valley Library District provides a Real Estate Tax Rate of 1.0799 for Belmont property which is paid to County General Fund and Smoky Valley Library District Tax Rate of 0.2918. I can find no evidence in the BoCC records that a Budget for the Town of Belmont has ever been adopted. Why is Town of Belmont treated different that the other Unincorporated Towns of Beatty, Gabbs, Pahrump, and Manhattan, who have budgets? The Smoky Valley Library District operates the Round Mountain Library and Manhattan Library. Belmont does not have a library. Why is the Town of Belmont Property Taxes included in District 10? When did the BoCC set a date, time and place for a hearing on the Tentative Marijuana Budgets for Amargosa, Beatty, and Pahrump? When did the BoCC hold a hearing for the Final Budgets for Amargosa, Beatty, and Pahrump? What is the Fund No.'s for these Budgets? It is my opinion that County deducting their budget expense of illegally issuing Marijuana Ucenses within the Unincorporated Towns in the Marijuana Budgets is in violation of NRS269.040 Duties of other county officers; compensation. 1. The district attorney, county auditor, county assessor, and all other county officials, not specially exempted therefrom, in each of the counties of this state, shall perform the duties required or authorized to be performed by t hem, under and by virtue of the provisions of this chapter, and shall be held liable on their official bonds for the faithful performance thereof. (Em phasis added ) 2. All such officers shall pay all f ees or moneys by them received, under any law or ordinance t ouchin g t he provisions of t his chapter , in the t ime and ma nner as provided by general law, to the county treasurer of their respect i\re count ies, to be distributed to t he fund of t he proper town or city. (Em phasis added) 3. No officer performing any duty under this chapter, excepting officers and employees of any fire department or company, or peace officer thereunder authorized, shall demand or recei ve any compensation therefor (Emnhasis added) [Part 14:48:1881; BH § 2037; C § 2187; RL § 890; NCL § 1244] Respectfully submitted, "1 1ltJ:Jf«: Oct. 15,2019 BoCC Item 35 Comment by John F. Bosta Page 1 ATIACHMENT4 Nye County Budget to Actual Revenue Report For Fiscal Year 2019 As of June 30, 2019 Fiscal Year Lapsed -> 100% 2019 Collected % Received FY18 Nye County General Fund Revenues: Budl!et '" 0/6/30/1OJ9 {of /Judq<'1 Clf 0/ or;/30/1018 Real Property Taxes (iMrollmonlt :AI/j/. Dc/. Jon. Mo,' 9,916,319 9,914,564 100.0% 9,543,298 Personal Property Taxes 2,591,387 2,877,355 111.0% 2,236,900 Centrally Assessed Property Taxes 1,001,280 1,066,870 106.6% 1,091,176 Net proceeds· (May) 1,889,577 1,890,089 100.0"10 2,775,319 Federal in lieu tax 3,000,000 3,331,286 111.0% 3,326,751 Consolidated tax - 2 months pending rece ipt/posllng 15,800,000 15,705,289 99.4% 16,045,448 Intergovernmental - Other 487,800 481,035 98.6% 467,845 Charges for services /••" 1,999,903 1,981,507 99.1% 1,913,811 .re.' licenses and Permits {l;q.,o,.,9Dming. 682,000 943,310 138.3% 810,978 Fines and forfeitures (Court /on... .Ie) 810,000 845,076 104.3% 782,629 Other {/nit,.,'. To. P.noMws. To.so/., 912,625 722,477 79.2% 1,294,333 Total Nye County General Fund Revenue 39,090,890 39,758,857 101.7% 40,288,489 10/7/20197:45 AM Prepared by Finance Page 1 Project Accounting Funding Source Status Report Nye County, Nevada 07/0112018 Through 06/30/2019 FY2019 Marijuana Revenues Budget Received YTO Received End balance Amargosa License Fees-Medical 0.00 0.00 0.00 0.00 Sales Fee-Medical - 0.00 0.00 0.00 0.00 License Fees-Recreational 0.00 0.00 0']0 0.00 Sales Fees-Recreational 17,700.00 83,362.34 83,362.34 65,662.34 Total 17,700.00 83,362.34 83,362.34 65,662.34 Beatty License Fees-Medical 0.00 5,000.00 5.000 .00 5,000.00 Sales Fee-Med ical 3,685.00 4,785.47 4,785.47 1,100.47 License Fees-Recreationel 0.00 7,500.00 7,500.00 7,500.00 Total 3,685.00 17,285.47 17,285.47 13,600.47 Pahrump License Fees-Medical 13,850.00 34,500.00 34,500.00 20,650.00 Sales Fee-Medical 32,400.00 19,411.71 19,411.71 -12,988 .29 License Fees-Recreational 69,400.00 61,728.54 61,728.54 -7,671.46 Sales Fees-Recrea tional 212,965.00 317,962.64 317,962.64 104.997.64 Total 328,615.00 433,602.89 433,602.89 104,987.89 Grand Total 350,000.00 534,250.70 534,250.70 184,250.70