December 17, 2019

Mr. Goldstein

said someone needed to be talked to about the hospital because it was not worth going if they did not do anything. Joe Burdzinski said the front page of the December 13, 2019, Pahrump Valley Times stated the Board approved a 600% parcel fee spike. There was also an article on the front page about the Second Amendment rally. He stated in his 40 years as a professional he hired and appointed a lot of people and sometimes those appointments had been a disappointment. He felt the boards that were threatening to make decisions needed to be looked at and people replaced. Robert Thomas said for the last 10 years he was employed as a Deputy District Attorney, eight of which were in fraud prosecution and investigation. Mr. Thomas saw a cracked financial process in the County that was ripe to allow embezzlement and there was no way to stop it because there was no way to audit it accurately. He encouraged the Board to adopt an ordinance that prohibited the transfer of funds from one budget unit to another without specific authorization by the Board. By failing to do this the Board would never know how much money there was, how much was being stolen, and how much was being put to wise use. December 17, 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. Jerry Paradise thanked the Board for their support of the veterans. He said he also saw the article about the 600% increase on parcel taxes and thought that should have been put to a public vote. He did not know if it would be, but Mr. Paradise pointed out there were numerous people in the community that could not afford it. Sam Jones said he was appalled by some of the stuff on the agenda. Everyone here were American citizens and were supposed to follow the Constitution. He thought several of the Commissioners signed a no tax pledge and asked them to remember that while going through the agenda. Judith Holmgren asked what was going on with the deposit of radioactive plutonium at the Test Site. She wondered if the Board had looked into it and if at some point in time that would be removed and sent to Los Alamos where it should have gone.

Commissioner Blundo

said he would speak with Ms. Holmgren after the meeting. Tina Trenner said the Red Flag Law would go into effect on January 1, 2020. There was a grass roots organization in Las Vegas called Nevadans Can, which filed an injunction against the State and the Governor implementing the Red Flag Law. Since Nye was a sanctuary gun county she spoke to Sheriff Wehrly, who told Ms. Trenner there were already laws that could handle the situation. She asked if the Board had been thinking about this and how Nye would address it as it needed to be stopped in its tracks.

Commissioner Koenig

advised two Commissioners met with the Sheriff yesterday and they were working on it. Timothy Clampit said he shook Commissioner Blundo’s hand at a social event the other day and told him good job done with the speed limits on Dandelion, Pahrump Valley and Honeysuckle. He also thanked his liberal friends who remained in the audience the entire time during the event at the library as well as everyone who chose to carry open so he did not have to. Regarding the hospital, Dwight Lilly said his wife sat on a bed in the emergency room for almost two days waiting to get transported to Las Vegas because they could not take care of her condition. He agreed there was a serious problem there. He then advised he had talked to the Chairman and the County Manager about the need for a Pahrump water board, not a County water board, locally managed and made up of the public in Pahrump. December 17, 2019

Commissioner Wichman

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

Commissioner Koenig

thanked everyone for being present today as he liked it when people came to the meetings to be informed. Four Commissioners attended the event at the library and the issue was dropped. Other measures were now being taken to try to solve the problem. Lastly, on Christmas Eve three of the Commissioners would be at the Coalition to help serve food to the needy. Regarding the hospital, Commissioner Cox said one of her friends who recently had some health issues was leaving the area due to the healthcare and water issues. She thought somebody needed to get together with some people who had those concerns to form a committee and make demands on the hospital.

Commissioner Strickland

said people could attend the hospital board meetings and make their concerns known. She thanked all the advisory board members for how hard they worked to make sure the Commission got stuff done.

Commissioner Wichman

thanked everyone for what they put into the communities.

Commissioner Blundo

congratulated Aurelia Skipworth who was recently confirmed as the Director of Fish and Wildlife. He mentioned an e-mail stating the high school students were interested in having the elected officiais speak to them. He advised the Christmas Dinner would be provided by the new Holiday Task force on December 24, 2019. Volunteers should come at 10:00 a.m. and doors would open at 11:00 a.m.

Commissioner Blundo

was having a Christmas party at Carmelo’s Bistro, his personal business, on December 21, 2019, from 2:00 p.m. to 4:00 p.m. Lastly, he said that several months ago he had asked to have VEA come before the Board as he had questions on how the 9% increase would impact the County and he asked staff to reach out to the new CEO and board members. December 17, 2019 TIMED ITEMS

Mr. Martinez

explained the site had three missions: stockpile stewardship, global security and environmental management. Their customers included the intelligence and law enforcement communities, the Department of Defense and the Department of Homeland Security. He discussed the capabilities they had for national security programs such as big explosives experimental facilities, device assembly facilities, the non-proliferation test and evaluation complex among others. Mr. Martinez then talked about the need for infrastructure modernization. They were in the middle of a $10 billion investment in aboveground infrastructure improvements and the Mercury campus was being revitalized.

Commissioner Wichman

asked if the improvements would change the footprint of their site, to which Mr. Martinez responded no and said the Mercury footprint would actually shrink.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners and opened the public hearing. John Bosta asked that his written comments and documents be included in the minutes [see Attachment 1]. He stated the Commissioners should deny this item as the Water District Governing Board (WDGB) had no power or authority to impose a per parcel fee much less a new special per parcel fee of $35.00 to pay for a carbonate rock aquifer exploratory project in Clark County. Matt Burg read his statement into the minutes [see Attachment 2]. A flaw in this tax was the Nye County tax was a County-wide parcel fee of $5.00 collected for the WDGB, but this $30.00 fee would be for Basin 162 residents and should not be commingled with funds already collected. He also felt this was taxation without representation. Mr. Burg stated the Private Well Owners’ Association and the board of directors request the Commission deny this project completely as an irresponsible and cumbersome project as it had no benefit to the property owners in Basin 162. December 17, 2019 40. For Possible Action ~ Discussion and deliberation regarding the Nye County Water District Governing Board decision to fund a carbonate aquifer explorato roject by raising the per parcel fee of all parcels served by Basin 162. and leaal administrative or statutory actions by the Board-Cont’d. Dwight Lilly said he supported doing exploration in Nye County for Basin 162 for the carbonate water, but this was a conceptual objective stated in the plan to capture groundwater outflow in the carbonate aquifer particularly in the southern portion of the Pahrump valley. He was never aware that the plan was to spend $4 million or $5 million in Clark County when there was a carbonate layer underneath Pahrump and thought it was absurd to have Nye tax money going to Clark. Helene Williams finished reading Matt Burg’s letter. The Commissioners were requested to take the following action as an appeal - deny this project completely as an irresponsible and cumbersome project with no benefit to the property owners in Basin 162 and that the matter be closed with no further action. She stated today, December 17, 2019, she was aggrieved by the decision of the Nye County Water Board on December 9, 2019, to tax her a minimum of $30.00 for three years to fund the carbonate aquifer exploratory project in Clark County. She asked the Nye County Commissioners to reverse the decision of the Nye County Water Board. Ms. Williams suggested it be placed on the next agenda because January 8, 2020, was the 30-day deadline from December 9, 2019. Greg Dann said five of his friends had recently been arrested and they were the most vocal people in the valley protecting the people's water. His assessment of this after attending the last WOGB meeting was the Sheriff arrested the wrong people. Vince Ciark asked who would benefit from the $30.00 fee. tn his opinion it would be the developers. He objected strongly to the concept of him paying in part for the construction of new housing on the southern end of town that may or may not even be in Nye for the benefit of a group of developers that had the opportunity numerous times to come together with the Board of County Commissioners and develop a development plan for the future with a focus on water. Mr. Clark thought it was unreasonable to ask the parcel owners of Nye County to reach deep into their pockets and come up with $4.5 million to benefit a rather small group of developers. Kenny Bent said the WDGB was talking about moving infrastructure into Clark County and taxing Nye County for that, which was a huge overstep. He felt this this parcel fee increase was just the beginning of many things that would happen if it was allowed and it should not be. Mr. Bent thought an agenda item should be put on to recall the entire WDGB with cause. He stated there were no public meetings or discussions on this and asked the Board to vote it down. December 17, 2019 40. For Possible Action — Discussion and deliberation regarding the Nye County Water District Governing Board decision to fund a carbonate aquifer exploratory project by raising the per parcel fee of all parcels served by Basin 162, and legal, administrative or statutory actions by the Board-Cont'd. Wade Hinden asked the Commissioners to reverse the decision of the WDGB, take the action mentioned to remove the WDGB members, and that their action be appealed. He pointed out this fee would pertain to everyone who had water, not just the well owners. Sam Jones thought the Board needed to vote against this and the best way to get rid of the WDGB was by not funding it with tax dollars. Robert Adams said the people were being asked to make an expensive bet. He asked the Board to not institute this parcel tax. Michael Lach noted there was no plan of what they would actually do and no business plan as to how the $4 million was going to benefit anyone. When he was on the WDGB they looked at the fan where the water was rising but not coming back into the valley and Mr. Lach suggested drilling there. He agreed this needed to be appealed and it needed to be a better thought out plan. He suggested that maybe the County Commissioners in Pahrump should appoint themselves to the three seats on the WDGB, John Prudhont said this was an issue for all taxpayers with property in Nye County if the Board ratified it. He explained one of the problems he had found since he had been in the Treasurer’s Office was there were many people with parcels that had not been developed resulting in run off, meaning that rather than continuing to pay taxes on their parcel people were willing to let it go to Treasurer trust sale, especially with the State Water Engineer requiring purchase of water rights for undeveloped parcels without wells. He urged the Board to not ratify this so hopefully that run off could be slowed. Walt Turner said there had been a long-standing issue with water in the valley and it always ended up the same. The County representatives submit their solutions and for whatever reason the public was blindsided by it. He asked that the same thing stop being done over and over again and that the approach to water in general be assessed so when something was submitted for a vote everyone was in support of it. Mike Darby said he was chairman of the former town board and during that time period one of the members of the local government wanted to have a bottling company on his premises on the south end of town. It was his understanding that water flowed downhill and closer the source the sweeter the water. His request was denied because the water there had too much arsenic.

Dr. Kenneth

Searles said he was a WOGB member and had made it very clear that he was philosophically opposed to drawing water from any other area because of the December 17, 2019 40. For Possible Action — Discussion and deliberation regarding the Nye County Water District Governing Board decision to fund a carbonate aquifer exploratory project by raising the per parcel fee of all parcels served by Basin 162, and legal, administrative or statutory actions by the Board.-Cont'd concept of this particular lifestyle. Along with that, spending money in another county where to his knowledge no water rights had been applied would be a potential law breaker as the law was changed and now water rights were required for wells to be drilled. Teresa Moran said when she got into real estate she was toid when she sold an acre and a quarter of land it had to have 1.1 acre feet of water with it. She clearly informed her clients of this and she wondered now if she had been telling a lie. She did not understand how the State Engineer could decide to take something away that was a law the people had to conform with. She was now advising people that they should perhaps give it up for the taxes as she could not sell the property. Ms. Moran asked the Board to vote against the $30.00 fee. She was also opposed to the WDGB and agreed with getting rid of it. Elaine Baumstark asked the Board to reverse the decision the WOGB made because it was a hardship on those in the community on a fixed income like herself. Ross Hushbeck said the choice of location being in Clark County was a mistake and should be changed. The aquifers in Basin 162 that fed back into the natural aquifer should be drilled as additional water was needed for the future of the valley. Walt Kuver said he was a WDGB member representing Pahrump and that three minutes was not enough time to begin correcting all the misunderstanding the Board heard in the last hour or so. The exploratory project was in Basin 162 primarily, not Clark County, and Basin 162 was managed by the Nevada State Water Engineer. The Clark County SNWA pipeline that caused so much controversy was seeking to bring down water from central Nevada in the amount of 176,000 acre feet and 8,000 acre feet in the corner of Clark County 40 miles from Lake Mead was not of interest to them. Mr. Kuver said in the eight years the $5.00 parcel fee had been in place, which averaged $0.42 a month, the WDGB had done a tremendous amount of work defining the characteristics of the basin. If that was raised for three years to cover the exploratory project it would average $2.92 per month. He urged people to look at the County Web site where there were thousands of pages of documentation.

Commissioner Koenig

said there was an appeal and it would be an agenda item on the last meeting in January, 2020, so it was heard in Pahrump. He stated his opinion that the drilling should not happen in Clark County and the way it should be addressed was with several public workshops in the late afternoons or early evenings to discuss these items. Commissioner Koenig stated he could not support this. December 17, 2019 40. For Possible Action — Discussion and deliberation regarding the Nye County Water District Governing Board decision to fund a carbonate aquifer exploratory project by raising the per parcel fee of all parcels served by Basin 162, and legal, administrative or statutory actions by the Board-Cont'’d.

Commissioner Cox

read an e-mail into the record that she received from Neal Jones stating his belief that the actions of the WDGB were improper and should be reversed by the Board of County Commissioners. Mr. Jones did not believe the WDGB had the legal authority to increase the fee on the property owners in Basin 162 much less impose it on all property owners in the County. She also read the letter Mr. Jones sent to the WDGB. Commissioner Cox stated she would not support this and would vote for the appeal when it came back.

Commissioner Blundo

said there were water issues in the valley that needed to be addressed, but he did not believe drilling in Clark County was the solution. He asked the public to be a part of the meetings to find that solution. COUNTY MANAGER

Commissioner Wichman

asked if Mr. DeSimone was requesting to move his water rights back into Amargosa Valley so he could do the dust control needed on the project and where the origin of the water was.

Mr. Desimone

said that was correct and advised the origin of the water was in Amargosa. Tim Sutton advised this Board was not required to approve or disapprove this. This hearing allowed the Board to present a course of action to the State Water Engineer which the State Water Engineer may consider.

Commissioner Strickland

made a motion to approve the letter of support; seconded by

Commissioner Wichman

. John Bosta stated the water rights were in California, not in Amargosa, and he understood Helene Williams had a lawsuit in California that water could not be moved December 17, 2019 47. For Possible Action — Presentation, discussion and deliberation regarding Amargosa Enterprises, LLC.’s application to use water in a county other than which it is appropriated or currently diverted or used-Cont’d. from California to Nevada. Mr. DeSimone he needed to buy water rights in Amargosa Valley, not move them from California.

Commissioner Cox

was not present. TIMED ITEMS 8. 10:00 — For Possible Action — Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject the revisions to the Project Priority List for roadway and transportation improvements as contained within the Streets and Highways Capital Improvement Plan (CIP), part of the Capital Improvement Plans and Impact Fees for the Pahrump Regional Planning District, Nye County, Nevada.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Blundo

made a motion to amend and accept the list as presented including Pahrump Valley Boulevard south of Gamebird to Thousandaire to be scheduled as a phase | project; seconded by Commissioner Strickland.

Commissioner Blundo

explained that was a road in dire need of attention and he wanted to make sure it was on the schedule.

Commissioner Cox

was present. December 17, 2019 10. 10:00 — For Possible Action — Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject 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) Set an effective date.

Commissioner Koenig

opened the public hearing. Chuck Muth, president of Citizens Outreach, said he had already submitted his written statement to the Commission. He submitted another statement from someone in the brothel industry and introduced Kortney Chase. Kortney Chase said she worked at the Chicken Ranch Brothel. Tuesdays from 8:00 a.m. to 1:00 p.m. was the only day and time they were allowed leave the brothel! premises to get things they needed. She stated the 24-hour lockdown policy was based on the stigma of sex workers being dirty and irresponsible, not scientific facts. She asked the Board to repeal the 24-hour lockdown policy so courtesans may go home to their families at night and live normal lives. Mark Connot, appearing on behalf of Sheri’s Ranch, feit there was a misconception. There was never a push by the brothels to have that restriction and he had proposed a draft ordinance that eliminated it. He also wanted to make sure the comments in the letter he provided last week were part of the record. Dave Stevens felt all brothels should be closed. Trudy Kevoyan, general manager of a brothel, said she appreciated the time and effort put into the changes. Pat Minshall said women needed to stand up for their rights and one of their rights was to do what they wished with their bodies if over the age of 18. John Prudhont said as a business broker who had worked with the brothel sales in the past there was one item in this that caught his attention. From a licensing standpoint the proposed changes would require a particular brothel to be placed on each of the workers’ cards and they would only be able to work at that location until they got a new card to work at another location. To Mr. Prudhont those were similar to a TAM card to serve alcohol. He did not feel from a business standpoint it made any sense to limit a person to one particular location and put them out of work until they got a new card with the new location. Kacey Ligon said she was a working girl in Pahrump as well as up north and she could tell the difference between being on property and having that freedom to walk out the door like a normal human being. As far as business in Pahrump, she advised most of the girls were flying in from out of state because Nevada was the only state where they December 17, 2019 10, 10:00 —- For Possible Action — Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-07-Cont’d. could do that. When they ieft they took the money out of state and spent it so no money was coming into Pahrump or Nevada.

Commissioner Wichman

said lockdown was not intended, but that and issuing the work cards specifically to a brothel were in the original ordinance simply to make sure there was no out-dating. It was brought up because of several situations where the brothels the girls were working for had sent them somewhere to meet a date and people were getting hurt. Out-dating also did not recognize state lines or county boundaries, and it was illegal in other places and causing problems in Nye County. Working off of the redlined version Commissioner Koenig had the following changes: e Page 10, Section 9.20.110.F, change to read “If the licensee fails to apply for renewal as provided in subsection E of this section a notice of failure to renew shall be issued by the sheriff to licensee. If the licensee fails to apply and pay the license fee within five days of that notice it shall result in an automatic revocation of the license on the expiration date thereof. Any license thus revoked may be reinstated only upon compliance by licensee with the requirements of this chapter relating to the original license application and issuance.” Commissioner Koenig explained he was changing that because the way it was written if for some reason they missed the deadline for the check it called for automatic suspension at that time. By rewording it they could be given a five-day warning that they would be shut down. e Page 16, Section 9.20.140.F, should read “No licensee, key employee, courtesan or employee shall work in a licensed brothel until first having received a work card. The licensee shall maintain a current accurate list of employees.” Commissioner Koenig wanted the rest of the paragraph deleted as it was redundant. e Page 17, Section 19.20.145, Display of Registration Cards, change to read “Work cards issued under section 9.20.140 of this chapter shall remain the property of Nye County. Upon commencement of employment all registered personnel shall have their work cards in immediate access during hours when the registrant is in the brothel. The licensee or key employee shail maintain possession of the work cards for employees and managers. The registrant shall ensure return of all work cards in their possession to the Nye County Sheriffs Office within five working days of expiration of the card or separation of employment, whichever occurs first. Courtesans shall maintain their work cards in their possession at all times and are responsible for returning their cards to the Nye County Sheriff's Office within five working days of the expiration of the card or separation of employment, whichever shall occur first.” Commissioner Koenig explained the change here was the house used to be responsible for the girls’ cards also. He felt the girls should be responsible for their own card because there was a belief if the house held a girl’s card the girl was held hostage. If the house did not want her to leave they could December 17, 2019 10. 10:00 — For Possible Action — Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-07-Cont’d. hold the card and she could not get another card until that one was turned in, so the cards belonged to the girls.

Commissioner Wichman

asked the Sheriff if this change would increase the workload as each individual would have to be tracked.

Sheriff Wehrly

said they tracked the card, but this would allow the girl to carry her own card and give the card back if she wanted to work up north.

Mr. Connot

said he was concerned with the separation of employment part as he felt that was a restriction on the courtesans since they were not employees. He suggested using “separation from the brothel” or “termination of the contract.”

Commissioner Koenig

agreed with “separation from the brothel.” His next change was on page 19, Section 9.20.150.F., regarding lockdown. He wanted that paragraph removed and also asked staff to make sure the word “prostitute” was replaced with “courtesan” throughout the document.

Commissioner Koenig's

last change was on page 20, Section 9.20.165.B., Emergency Suspension By Sheriff, to read “The matter of emergency suspension shall be immediately placed on a Board agenda in compliance with the Nevada Open Meeting Law within three working days of the issuance of the emergency suspension. At that meeting the Board shall determine whether such suspension shall be rescinded or remain in effect pending further proceedings in accordance with 9.20.170 and 9.20.180. If the Board determines the suspension shall continue and remain in effect the proceedings prescribed by 9.20.170 and 9.20.180 relative to the suspension of such license shall proceed.” He said that was necessary because the way it was written before theoretically it could drag on and the business was shut down.

Commissioner Blundo

felt Section 9.20.120.M. on page 12 was redundant as it required the key employee to possess the same qualification as an individual licensee. He did not need a key employee to have a full financial background check so they technically did not possess the same qualifications and he would like to delete it.

Commissioner Koenig

said he looked at that also, but his problem was it said whose business was conducted by a key employee. Theoretically that key employee would be running the business so he felt that key employee should have the same qualifications.

Commissioner Blundo

said he wanted to get rid of all of Section 9.20.130.B. on page 13 as well.

Commissioner Blundo

made a motion to amend and adopt with the changes presented; seconded by Commissioner Strickland. December 17, 2019 10. 10:00 — For Possible Action — Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-07-Cont’d.

Commissioner Cox

noted on page 13 the word “by” was used too many times. Paragraph 5 on page 15 read “prior arrests and convictions” and she would like to remove “prior arrests” as only convictions mattered.

Sheriff Wehrly

explained when they ran the backgrounds all arrests came up anyway. Having them put their arrests on that application just told her whether they were being honest or not.

Commissioner Koenig

asked if that should be changed to a list of prior convictions, to which Commissioner Cox responded yes.

Commissioner Cox

said paragraph C on page 15 referred to him or her and she thought it should say Sheriff as the Sheriff was doing the investigation. On page 20, Section 9.20.165.B. the word “However” should probably come out with a period there instead and then start a new sentence with “If the Board decides...” Lastly, she thought paragraph C.1. on page 21 should read “must demand a hearing” because if they did not then they really had problems.

Commissioner Strickland

said to drop the may entirely as the first sentence said the respondent must.

Commissioner Blundo

amended his motion to amend and adopt with all the changes now presented; Commissioner Strickland amended her second. Referring to key employee, Sheriff Wehrly said she agreed with Commissioner Koenig about that. Most of these places did not have the owners there on a day to day basis and they left it with either the manager who was a key employee or a designated key employee. Since that person had the responsibility to run it just like the owner would she felt they should have the same background check as the people who owned it.

Commissioner Blundo

said the key employee would still have their own investigation. This was merely saying they did not need to possess the same qualifications as the licensee, which he interpreted as having to do the same financial background. They were not the financial component, the owners were, and the key employee was just there to operate it. Commissioner Blundo did not think it was justified to have the key employee at the same level.

Commissioner Blundo

made a motion to set the effective date of January 6, 2020; seconded by Commissioner Strickland; 5 yeas. December 17, 2019 11. 10:00 — For Possible Action — Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-15: A Bill proposing to amend Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, by amending Chapter 17.04 entitled Pahrump Regional Planning District, relating to Section 17.04.220 RE-2 Rural Estates Residential; Section 17.04.225 RE-1 Rural Estates Residential; Section 17.04.230 SE $E Suburban Estates Residential and Section 17.04.465 OS C Open Space, Parks, and Recreation, by removing the permissive use of commercial farming/growing of crops in those zoning districts: and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Koenig

opened the public hearing. Jim McCoy, the senior advisor for the UNR Hemp Advisory Council, president of the Pharmaceutical Research Centers of America, and owner of All About Hemp located at 1400 S. Highway 160, said many people bought property in this community to have a small farm or ranch to grow something on and maybe sell surplus crops to help pay their bills. His concern was what impacts the proposed zoning changes would have on the other non-hemp agricultural businesses in the County. Steve Richardson, an active member of the Pahrump Master Gardeners Society, appearing as a private citizen, said he believed most people would classify Pahrump as a rural community and most moved to these zoned properties to have the freedom to make choices that were not available in other communities such as growing edible crops. He believed most would classify Pahrump as a financially challenged community with a large population of retired citizens with restricted incomes. He explained what a food desert was and that Pahrump fell into the statistics to become one.

Commissioner Koenig

closed the public hearing.

Commissioner Koenig

said when this was heard before the RPC his biggest concern was people not being able to grow their own crops and sell them. He believed that was changed as this applied to commercial farming. Planning Director Brett Waggoner said that was correct. When this went before the RPC that was one of the biggest concerns and the intent of the change was not meant to address the person growing a garden for sustainability for his family. This came about definitely from the uptick in hemp and hemp farms popping up in neighborhoods. Other concerns were RE-1 or RE-2 zones were meant for single family residences which usually had existing domestic wells that were not meant to support any kind of commercial operation. Mr. Waggoner first recommended in Section 17.04, Definitions, changing “household use” to “subsistence farming.” That definition would read “The activity of growing crops or raising livestock for food or household use but not to provide a sole source of income. Income provided by subsistence farming not to exceed $20,000.00 per year.” December 17, 2019 14. 10:00 — For Possible Action ~ Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-15-Cont’d.

Commissioner Blundo

asked why it could not just state hemp needed an SUP or a CUP.

Mr. Waggoner

responded because that could not be done. It was tried in 2017, but the Department of Agriculture stepped in and said discrimination against one crop was not allowed. It was an agricultural product and in their eyes it was treated no different than any other agricultural crop. Mr. Waggoner agreed this started as a hemp issue, but it evolved into something that might affect the water issue as well.

Commissioner Cox

did not agree that hemp was not a problem on its own. It was different than growing corn because it stunk and that was the reason why a majority of people did not want it in their neighborhoods. She felt the Board should be allowed to control it.

Mr. Waggoner

said the second change he recommended was under permissive uses in all of the zonings to read subsistence farming for the growing of field crops or raising livestock for food for household use with the exception of open space because open space was not meant to be for single family living. Another change he proposed was in the RE-1, RE-2 and open space that if a person would like to do commercial farming they could do that through a CUP so it could be regulated and water issues addressed. Then on page 3, he added “permissive uses” under conditional use permit, commercial farming.

Commissioner Blundo

asked if the Board made a motion to amend and continue if this would come back with all the changes so the Commissioners could have an opportunity to review it.

Mr. Waggoner

stated he was doing the same thing that was done on the last item and these were very minor changes. If there were comments on the actual definition a different one could be developed as the definitions would be adopted separately. The last couple of changes Mr. Waggoner recommended were on page 4, Section D, permissive uses, the sentence that started with “farms for the growing or farms for the raising...” should read “subsistence farming for the growing of field crops or raising livestock for household use” striking out “keeping of livestock or other large animals for commercial or household use.” Under Section E, commercial farming was added under conditional use. On page 5, Section D, the sentence starting with “farms for" was changed to “farming or the growing of crops for household use.” On page 7, Section D, open space, agricultural and farming activities for personal household use was stricken under permissive uses and “commercial farming” was added in Section E.

Commissioner Wichman

made a motion to adopt as amended by the Planning Director with an effective date of January 6, 2020; seconded by Commissioner Strickland; 3 yeas. Commissioners Cox and Blundo voted nay. December 17, 2019 12. 10:00 — For Possible Action — Public Hearing, discussion and deliberation on an application for a Special Use Permit Change of Location to allow an existing marijuana establishment, CWNevada, LLC (production facility), located at 301 S. Oxbow Avenue, Pahrump, NV to change location to 9680 S. Oakridge Avenue, Pahrump, NV, Assessor's Parcel Number 044-851-30. Fortress Oakridge, LLC / Dean Jalili— Property Owner, CWNevada, LLC — Applicant, Argentum Law / Jeff Donato — Agent.

Commissioner Koenig

opened the public hearing. Diann Musial said she lived very close to the proposed relocation site and her neighbors had spoken to her on many occasions on these issues. Their concerns were the putrid smell of the deodorizer, not just the marijuana; speeding cars; cloth covering the fencing that blows off; and loud noise from the workers. She asked the Board to not issue permits without having some real clear conditions in writing so the residents could be heard. She submitted her statement along with pictures for the minutes along with a statement from Paul Ostrenger [see Attachments 3 and 4].

Commissioner Koenig

closed the public hearing. Scott Rutledge from Argentum Partners, representing the applicant, said those were valid concerns. He explained their roll in this process had been on behalf of the receivership trust. The business was not operational at this time and there was a skeleton crew for security as required. When the facility was allowed to become operational there would most likely be a new ownership group running it. As to the concerns raised by the neighbors, Mr. Rutledge did not think his client would have any concern as it related to the fencing. Jeff Donato said he would leave his card with the neighbor to make sure they were working with the neighbors.

Commissioner Blundo

asked if there had been any difficulty with this production license at its current location.

Mr. Rutledge

stated he understood there were issues with the existing landlord, which was also part of the reason for the need to relocate. There were a lot of moving parts with this so the cleanest most direct way to resolve the issue was to put both licenses on one site.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland; 5 yeas. December 17, 2019 13. 10:00 — For Possible Action: 13a. For Possible Action — Public Hearing, discussion and deliberation on MP- 2019-000014: An application for a (Major) Master Plan Amendment to change an approximately 28-acre parcel from Rural Density Residential (RDR) to Community Development Area (CDA), located at 4801 S. Homestead Road, Pahrump, NV, Assessor's Parcel Number 045-041-04. Imogene Andersen LTD Partnership — Property Owner, Patrick and Karen Rily —- Applicants, Walt Turner — Agent. 13b. For Possible Action — Public Hearing, discussion and deliberation on ZC- 2019-000041: An application for a Zone Change to change an approximately 6.05- acre portion of the 28.0-acre parcel from Village Residentia! 20,000 sf. (VR-20) to Commercial Manufacturing (CM) and change the remaining 21.95-acres from Village Residential 20,000 sf. (VR-20), Neighborhood Commercial (NC) and Community Facilities (CF) to General Commercial (GC) on property located at 4801 S. Homestead Road, Pahrump, NV, Assessor’s Parcel Number 045-041-04. Imogene Andersen LTD Partnership — Property Owner, Patrick and Karen Rily — Applicants, Walt Turner — Agent.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. PUBLIC ADMINISTRATOR 44. For Possible Action — Discussion and deliberation regarding the quarterly report from the Public Administrator on deceased person cases that are open, closed, pending, NCPA Creditor Claims, non-cases or cases that have been turned over to family. Public Administrator Ginger Stumne was present and her report was in the back-up. December 17, 2019 TIMED ITEMS 14. 10:00 — For Possible Action — 4th Community Development Block Grant CDBG) Public Meeting: 1) Discuss Eligible Projects based on CDBG decisions: and 2) Prioritize the following applications for submittal: Pahrump Fairgrounds Water and Well System e Pahrump Fairgrounds Environmental Assessment Amargosa Town — Satellite Fire Station «__Amargosa Town — Restrooms South Amargosa Town — Restrooms East Amargosa Town — Emergency Generator

Commissioner Blundo

said he supported the Pahrump Fairgrounds water and well system. Purchasing and Contracts Administrator Danielle McKee explained all applications were submitted for eligibility and the ones on this list were deemed eligible projects by the State. Two could be chosen for the County and the County could sponsor one. The applications would be submitted by February followed by presentations and then award. She said the Amargosa projects would be prioritized separately as that would be a sponsored application.

Commissioner Wichman

said she would like to put the emergency generator at the top of that list.

Ms. McKee

advised the Amargosa Board also met on the CDBG project items and removed the satellite fire station and restroom south from their priority list. Pat Minshall clarified it would be a handicapped bathroom, but she would have to take it back to the Board to see how they would like to prioritize it because both were needed.

Commissioner Wichman

said she would like to keep the generator at number one and keep the other number two.

Commissioner Wichman

made a motion to prioritize the Pahrump Fairgrounds water and well as number one, the Pahrump Fairgrounds environmental assessment number two, the emergency generator for Amargosa was number one, and the Amargosa restrooms east was number two; seconded by Commissioner Blundo; 5 yeas. 15. 10:00 — For Possible Action — Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2019-38: A Resolution to Augment and Amend the 2019-2020 Budget of Nye County, State of Nevada.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Blundo; 5 yeas. December 17, 2019 16. 10:15 — For Possible Action — Discussion and deliberation regarding the Treasurer’s Report by Nye County Treasurer on bank reconciliation, Department of Taxation recommendations, and the balance in each county, state and special fund, together with a statement of all money on deposit, outstanding checks against that money and cash on hand pursuant to NRS 354.280. Treasurer John Prudhont said the September bank reconciliation and Treasurer's report were in. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Biundo

assumed the Chair of the Board of Highway Commissioners. 17. For Possible Action —- Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects. Cody McKee from Public Works advised there had been 317 road maintenance requests between April, 2019, until December 17, 2019, an average of 35 a month. Those did not include on-line submissions.

Commissioner Wichman

said on the road report there was an indication about the items and numbers being a challenge in Amargosa Valley. She asked if there was anything that the crew needed.

Mr. McKee

said he was not aware of the project specifics, but he would get an answer

Commissioner Strickland

said she had a conversation with Byron Foster, who had not completed the addressing yet because of some issues.

Commissioner Cox

asked Mr. McKee if he had any information about when the speed limit signs would be changed on Pahrump Valley Boulevard.

Mr. McKee

advised the ordinance had to be written and that was being coordinated between Public Works Director Tim Dahl and the District Attorney's Office.

Commissioner Strickland

commented on the pavement going on Homestead at Highway 160 due to the water main break two years ago.

Commissioner Blundo

said the two left lanes on Homestead needed to be worked on. He mentioned the trash on Gamebird and reminded everyone of the free landfill. He then asked how the bore hole issue on Homestead was coming along. December 17, 2019 17. For Possible Action — Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects-Cont’d.

Mr. McKee

said from his understanding the failure in the road looked like it was correlating to a utility trench for fiber that had been there for many years. He did not think it was in relation to the bore hole.

Commissioner Blundo

asked about Cabo and Quai! Run, to which Mr. McKee responded a resolution should come to the Board in January.

Commissioner Wichman

was not present. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Strickland

assumed the Chair of the Licensing and Liquor Board. GAMING 18. For Possible Action — Discussion, deliberation, and direction to staff regarding the status update of the Gaming License for the Pour House, located at 1101 S. Highway 160, Pahrump, NV due to failure to provide additional information for the continued investigation of the gaming license application. Samantha Tackett advised the applicant had submitted a number of the required items. They hired Ms. Chapman as their compliance coordinator and staff would be working with her to complete the last few items needed for the investigation to be completed.

Commissioner Koenig

asked what the last few items were.

Ms. Tackett

said she needed additional bank statements and financials. The Board granted the gaming license to the applicant in May and this was a follow up to their initial investigation. They already had their license and were paying their fees. Some clarification was needed on management, but she did not think this needed to come back since they already had the license unless there was a continual failure to comply or if the Board needed to provide direction or decision on something.

Commissioner Koenig

directed staff to finish this up. December 17, 2019 LIQUOR 19. For Possible Action — Discussion, deliberation, and direction to staff regarding the status update of the Liquor License Application for Mark’s Grill, located at 6201 N. Seibt Dr., Pahrump, NV due to failure to provide additional information for the continued investigation of the liquor license application. Samantha Tackett stated the applicant had complied and supplied the additional requested information. She got the final piece early this moring that she would review and send off to the Sheriff's Office to complete the application to start a new liquor license for Mr. Johnson. She did not think this needed to come back.

Commissioner Koenig

directed staff to finish this up.

Commissioner Blundo

asked if this was a temporary or permanent license.

Ms. Tackett

said he was listed as the manger on the permanent license issued to NV Treasures RV Park. Early this year he leased the property and applied for his own license as essentially the owner/operator of the establishment. Mark Johnson explained the license for NV Treasures had been in his name for four years. When he initially applied he submitted everything he needed to, but he was told he did not need certain things. Now eight months later he was told he needed them. 20. For Possible Action — Discussion, deliberation, and direction to staff regarding the status update of the Liquor License for Johnny’s Taco Shop, LLC, located at 1330 S. Highway 160, Pahrump, NV due to failure to provide additional information for the continued investigation of the liquor license application. Samantha Tackett advised the applicants had provided what was requested in addition to what they already provided. They were on a temporary retail liquor license and the time was coming to either extend that or issue a permanent so that would be brought back.

Commissioner Koenig

directed staff to initiate the paperwork to give them a permanent license. Applicants Victor Zepeda and Juan Ramirez were present.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. December 17, 2019 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 21. For Possible Action — Discussion and deliberation regarding verbal activity reports to be provided by committee members of Town of Pahrump Committees for which the Nye County Board of Commissioners oversees.

Commissioner Koenig

read a letter from James Horton, Chairman of the Pahrump Tourism Advisory Board. Mr. Horton stated his support of increased reporting between advisory committees and the Board, but he did not believe the Commission meeting was the best and most productive forum for a two-way discussion. He suggested the Commissioners schedule two to three meetings per year specific to that purpose or accept periodic written reports instead of attending Commission meetings.

Commissioner Blundo

asked Tim Sutton to advise the boards if they had something to submit there was an agenda item for it. 22. For Possible Action — Discussion and deliberation to accept a donation of a bell from Jose Telles to be used by military organizations for military events at the Pahrump Veterans’ Memorial.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners.

Commissioner Koenig

made a motion to accept the donation of a bell from Jose Telles to be used by military organizations for military events at the Pahrump Veterans’ Memorial and to be kept at the Pahrump Veterans’ Memorial; seconded by

Commissioner Blundo

; 4 yeas.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. 23. For Possible Action — Discussion and deliberation regarding a request to approve a deed with a restriction stating that Kellogg Park, located at 6751S Squaw Valley Rd, Pahrump, NV, Assessor’s Parcel Number 045-191-15, will remain an outdoor recreation area pursuant to the conditions of the awarded grant from the State of Nevada Land and Water Conservation Fund for the Kellogg Park Project.

Commissioner Koenig

made a motion to approve a deed with the restriction stating Kellogg Park had that restriction; seconded by Commissioner Strickland; 4 yeas. December 17, 2019 24. For Possible Action — Discussion and deliberation regarding RFQ: 2019-02 — Fourth of July Fireworks Show: 1) Accept the response from Zambelli Fireworks; and 2) Provide direction to staff to enter into contract negotiations, to be funded from Fund 25101 General.

Commissioner Blundo

made a motion to accept the response, direct staff to enter into contract negotiations and fund from Fund 25101, General; seconded by Commissioner Strickland.

Commissioner Cox

noted every year it was $25,000.00 for fireworks and asked why it was different this year. Danielle McKee explained Zambelli increased their costs. Eddie O'Brien from Zambelli Fireworks said they were looking at the contract and he had discussed with his dad what they could do differently.

Commissioner Blundo

made a motion to approve accepting Amendment #1 to the agreement dated October 6, 2014; seconded by Commissioner Strickland.

Commissioner Koenig

asked what they did with LASIK. Human Services Director Karyn Smith said she did not know. They approached her department about expanding services mainly with telemedicine and she felt it was a service offered at a lower discount.

Commissioner Blundo

made a motion to approve and fund from 10283, Indigent: seconded by Commissioner Strickland; 4 yeas. H/R AND RISK MANAGEMENT

Commissioner Koenig

asked what would happen if the grant went away. Human Resources Manager Danelle Shamrell explained the offer letters for positions like this indicated that the position existed to the extent that funding was available.

Commissioner Blundo

asked if this would turn into a full-time position at any time.

Ms. Smith

thought there was potential as it got going and it was something she was considering, but that would also depend on if the grant was continued.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Cox; 4 yeas. December 17, 2019 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 25. For Possible Action — Discussion and deliberation to appoint two members to the Pahrump Arena Advisory Committee due to two expiring terms from the following list of applicants: Steven Chase and Frey S. Tibbits.

Commissioner Strickland

made a motion to appoint Steven Chase and Scott Tibbits: seconded by Commissioner Blundo; 4 yeas. 26. For Possible Action — Discussion and deliberation to appoint two members to the Pahrump Nuclear Waste and Environmental Advisory Committee due to two expiring terms from the following list of applicants: Dale Griffith and Dan Schinhofen, This item was removed from the agenda. 27. For Possible Action — Discussion and detiberation to appoint three members and one alternate to the Pahrump Parks and Recreation Advisory Committee due to three expiring terms and one vacancy from the following list of applicants: David Harris, Helen Schneider, Brian Thompson and Jaydee Webb.

Commissioner Cox

made a motion to appoint David Harris, Helen Schneider, Brian Thompson, and Jaydee Webb with Brian Thompson as alternate; seconded by

Commissioner Blundo

; 4 yeas. 28. For Possible Action — Discussion and deliberation to appoint one member to the Pahrump Public Lands Advisory Committee due to one expiring term from the following list of applicants: Michael Zaman.

Commissioner Strickland

made a motion to appoint Michael Zaman; seconded by

Commissioner Biundo

; 4 yeas. 29. For Possible Action — Discussion and deliberation to appoint two members and one alternate to the Pahrump Veterans Memorial Advisory Committee due to two expiring terms and one vacancy from the following list of applicants: Stephen Hall, Ken Hoskin and Dina Williamson-Erdag.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners.

Commissioner Koenig

made a motion to appoint Dina Williamson-Erdag and James Hoskins as the two members and Stephen Hall as the alternate; seconded by

Commissioner Blundo

; 4 yeas.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. December 17, 2019 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. 30. For Possible Action —- Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens.

Commissioner Blundo

made a motion to approve items 30-35; seconded by

Commissioner Strickland

; 4 yeas. 31, For Possible Action — Approval to set the date and location for the second Board of Commissioners meeting in March for Tuesday, March 17, 2020 in Pahrump, Nevada.

Commissioner Blundo

made a motion to approve items 30-35; seconded by

Commissioner Strickland

; 4 yeas. 32. For Possible Action — Approval to accept a revised FFY 2019 Notice of Subaward (NOSA) from Aging and Disability Services Division (ADSD) for $15,218.00 to provide home delivered meals to homebound clients in Beatty and Tonopah due to a categorical budget modification.

Commissioner Blundo

made a motion to approve items 30-35; seconded by

Commissioner Strickland

; 4 yeas. 33. For Possible Action — Approval to accept a FFY 2020 Notice of Subaward NOSA) from Aging and Disability Services Division (ADSD) for $13,546.00 to provide home delivered meals to seniors in Beatty and Tonopah. Matching funds from Nye County for $1,829.00 are budgeted from Fund 10101. This grant shall be administered from Fund 10281 Senior Nutrition.

Commissioner Blundo

made a motion to approve items 30-35; seconded by

Commissioner Strickland

; 4 yeas. December 17, 2019 34, For Possible Action — Approval to accept a FFY 2020 Notice of Subaward (NOSA) from Aging and Disability Services Division (ADSD) for on (ADSD) for $66,666.00 to 00 to provide congregate meals to seniors at the Beatty and Tonopah Senior Centers. Matching funds from Nye County for $11,766.00 are budgeted from Fund 10101. This grant shall be administered from Fund 10281 Senior Nutrition.

Commissioner Blundo

made a motion to approve items 30-35; seconded by

Commissioner Strickland

; 4 yeas. 35. For Possible Action — Approval to accept a SFY 2020 Notice of Sub-Award (NOSA) from the Nevada Aging and Disability Services Division (ADSD) in the amount of $57,874.00 to provide senior transportation services in Beatty, Gabbs, Smoky Valley and Tonopah in Nye County, as well as long-distance medical transportation providing non-emergency medical rides to larger cities. Matching funds of $4,286.00 are budgeted by our contract with Medical Transportation Management, Inc. (MTM) and by the NDOT 5311 Fuel Grant.

Commissioner Blundo

made a motion to approve items 30-35; seconded by

Commissioner Strickland

; 4 yeas. BOARD OF COMMISSIONERS 36. 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. 37. 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. 38. 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. December 17, 2019 39. For Possible Action — Discussion and deliberation regarding a request to waive Regional Planning Commission (RPC) hearing and administrative fees related to paved parking requirements for some areas of the Pahrump Fairgrounds.

Commissioner Strickland

made a motion to waive the RPC hearing and administrative fees related to the paved parking requirements for some areas of the Pahrump Fairgrounds; seconded by Commissioner Blundo.

Commissioner Cox

asked why fees were being charged.

Commissioner Koenig

explained the fee was to process the paperwork that the County did not want to have to process.

Commissioner Blundo

made a motion to appoint Donna Motis, Anthony Perchetti and Theodore Schuff; seconded by Commissioner Strickland; 4 yeas.

Commissioner Blundo

said those terms would expire in January, 2022. 42. For Possible Action — Discussion and deliberation to appoint five members to the Park and Recreation Advisory Board due to five expiring terms from the following list of applicants: David Harris.

Commissioner Strickland

made a motion to appoint David Harris; seconded by

Commissioner Strickland

asked staff to move forward to combine the County Park and Recreation Board and the Town Park and Recreation Board into one.

Commissioner Strickland

made a motion to set a one year term for Mr. Harris; seconded by Commissioner Blundo; 4 yeas. H/R AND RISK MANAGEMENT

Commissioner Blundo

asked what their current pay was. Danelle Shamrell explained this was for the incoming elected. The incumbents made more than that. An existing Justice of the Peace went to $80,642.00.

Commissioner Strickland

made a motion to set the minimum compensation for Justices of the Peace elected into office effective January, 2021, at $78,293.00 annually; seconded by Commissioner Cox. Pahrump Justice of the Peace Kent Jasperson had an issue with the salary being set the same for all Justices of the Peace throughout the County. The statistical data showed 87% of the new criminal case filings and workload was in Pahrump. He thought there needed to be a differential in the pay based on the volume of work generated in the different areas.

Commissioner Blundo

asked if that could be done and what would be a comparable amount for the Justices of the Peace in the Pahrump township.

Mr. Jasperson

said he did not have an exact number in mind. Tim Sutton advised the statute allowed for an increase or change in compensation during the term, but the Board shall not make it below the minimum established. If the Board approved this it would set the floor right now and allow for budget projections.

Commissioner Strickland

wondered why this discussion was being had since the only position up was Mr. Jasperson’s. It was a non-starter to her and her motion stood.

Commissioner Blundo

made a motion to appoint Erika Gerling and Randy Reed for the terms expiring January, 2022; seconded by Commissioner Strickland; 4 yeas. SHERIFF 45. For Possible Action — Discussion and deliberation to: 1) Approve, amend and approve or reject a Memorandum of Understanding (MOU) with the Nye County school District, for the purpose of receiving funding for four School Resource Officers to be placed in schools throughout Nye County; 2) Execute the MOU; and 3) Receive funds to 10340, Grants Fund.

Commissioner Blundo

made a motion to approve the MOU, execute the MOU, and receive funds into 10340, Grants Fund; seconded by Commissioner Strickland.

Commissioner Strickland

asked if there would be an OPEB issue. Savannah Rucker said she discussed this with the School District and considering this was only a two year grant OPEB would not be built into it. The positions would be grant funded and every two years it would be applied for. She said there was potential in the future, but it was unforeseeable at this point.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners.

Commissioner Koenig

made a motion to appoint Joseph Honzelka as a member with a term expiring January, 2024; John Koval as a member with a term expiring January, 2024; Karen Duryea as a member with a term expiring January, 2024; Anthony Ruppersberg as a member with a term expiring January, 2024; Patricia Watson as a member with a term expiring January, 2024; Vicki Gladsjo as a member with a term expiring January, 2024; Wendy Casky as an alternate with a term expiring January, December 17, 2019 46. For Possible Action — Discussion and deliberation to appoint eight members to the Nye County Peace Officer Advisory Review Board due to seven expiring terms and one vacancy from the following list of applicants: Wendy Casky, Karen Duryea, Vicki Gladsjo, Joseph Honzelka, John Koval, Anthony Ruppersberg, James Wakefield and Patricia Watson-Cont’d. 2022; and James Wakefield as a member to an unexpired term expiring January, 2022; seconded by Commissioner Blundo; 4 yeas.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. 48. For Possible Action — Status update on the Town of Pahrump ambulance needs assessment. Tim Sutton said after the Board approved moving forward with a needs assessment he was contacted by the hospital who said they were in the process of doing their every two year community health needs assessment and offered to include this in their assessment at no cost to the County. They contracted with John Packham from the University of Reno and Mr. Sutton forwarded him the study done in 2004 to look at. Mr. Packham anticipated beginning work in January with the report completed by April. As an alternative, Mr. Sutton said he contacted the group that did the study back in 2004. That group charged the County $25,000.00 at the time and they would be willing to update or refresh the study for the same cost. He was waiting to hear back from Mr. Packham to see if he was able to work the methodology of that group into the assessment he was doing for the hospital. if so, that was probably the best route to go, but if not then Mr. Sutton would bring something forward to approve with another contractor.

Commissioner Blundo

was concerned with piggybacking with the hospital as this assessment was just to see if an ambulance was needed for the town.

Mr. Sutton

said the needs assessment as far as he understood was to determine the adequacy of the ambulance service currently.

Commissioner Blundo

asked why a third-party assessment was not being done.

Mr. Sutton

explained it was a community health needs assessment that the hospital was contracting to do and it was not just specific to the hospital’s operations. It was looking at the overall health needs of the community, which was something they were required to do as a rural hospital. He thought incorporating the ambulance needs into that study was a good idea.

Commissioner Blundo

was concerned with the ambulance assessment being commingled in the community health needs assessment. December 17, 2019 48. For Possible Action —- Status update on the Town of Pahrump ambulance needs assessment-Cont’d.

Commissioner Koenig

commented that if there was an agenda item right now with a needs assessment showing that something had to be done besides the ambulance service he absolutely could not vote for it.

Commissioner Blundo

wanted to have a meeting with Mr. Sutton and the other party interested in doing the needs assessment. FINANCE 49. For Possible Action — Discussion and deliberation to adopt, amend and adopt, or reject budget transfer of appropriations between functions within Nye County General & Medical Indigent Fund (10283).

Commissioner Blundo

made a motion to adopt the budget transfer of appropriations between funds within Nye County General and Medical Indigent Fund 10283; seconded by Commissioner Strickland; 4 yeas.

Commissioner Strickland

understood there was a review of the ICE contract and more detainees were received and asked if that had happened. Savannah Rucker said she was not sure about that.

Commissioner Koenig

said he understood they brought more people, but he was not sure that was enough.

Mrs. Rucker

said if they brought in more people the increased revenues would be seen in future months and she could maybe scale back the transfer into the jail fund and put it in the general fund. The second page of the back-up showed operating transfers out and $400,000.00 was being moved from the capital fund to the jail fund, shorting the capital fund to fill a need in the jail fund which may be scaled back in the event the sheriff's Office could generate more revenues.

Commissioner Strickland

made a motion to adopt the budget transfer between the appropriate departments within Nye County General Fund 10101; seconded by

Commissioner Blundo

; 4 yeas. December 17, 2019 51. For Possible Action — Discussion and deliberation regarding the budget status through October 2019 for Nye County and all sub-entities for Fiscal Year 2020. Savannah Rucker reviewed the budget to actual revenue report and expenditure report for the Nye County general fund and all funds that the Board governed. The projection right now was general fund revenues would come in slightly under budget due to returning the marijuana licensing revenues to the town. As to the budget status report for the general fund departments, she mentioned Human Resources would end the year under budget, but the contract for the labor attorney lived in that department and what was budgeted may be exceeded because four agreements were being negotiated this fiscal year which was unusual. No other departments were projected over budget at this time. H/R AND RISK MANAGEMENT 55. For Possible Action — Discussion and deliberation to: 1) Enter into a contract between Nye County and ARC Health and Wellness for the purpose of employee physicals, joining into the Washoe County Medical Services Contract #3086-19. NRS 332.195 authorizes County to join or use the contracts of the local government agencies within the State of Nevada with the authorization of Contractor; 2) Execute the contract; and 3) Fund each physical examination as outlined in Contract #3086-19 Joinder Provision Agreement from the department that has requested the physical examinations.

Commissioner Blundo

made a motion to 1) enter into the contract, 2) execute the contract and 3) fund each exam as outlined in Contract #3086-19 Joinder Provision Agreement from the department that has requested the physical examinations; seconded by Commissioner Strickland; 4 yeas. 57. GENERAL PUBLIC COMMENT (second) There was none. 58. Commissioners'/Manager's Comments

Commissioner Blundo

asked for an update on the lease for the First Choice Pregnancy Center. Danielle McKee said it would be presented to the Board at the first January meeting. December 17, 2019 59. ADJOURN

Commissioner Koenig

adjourned the meeting. yah APPROVED this day ATTEST: Of Cols rca 4 2649. 9090 = Mthee ce L Sed Meter

Chair Nye

Couftty Clerk / Deputy 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. The Nye County Board of Commissioners should deny Item 40 regarding the Nye County Water District Governing Board (WDGB) decision to fund a carbonate rock aquifer exploratory project by raising the per parcel fee of all parcels served by Basin 162 and legal, administrative or statutory actions by the Board. The WDGB has stated no power or authority to justify the action taken on Item 9 to request the BoCC to approve its action. The jurisdiction and service area of the District are all that real property within the boundaries of Nye County, Nevada, as described in NRS 243.275 to 243.315. The State Engineers Order 1252 itself is enough to deny the action of the WDGB action. The Order sets the perennial yield of the Pahrump Valley Hydrographic Basin from 12,000 to 20,000 acre-feet per year, the committed groundwater rights of record total approximately 60,500 acre-feet annually, which greatly exceeds the perennial yield, and finds that conditions warrant the further curtailment of new appropriations of groundwater within the Pahrump Valley Hydrographic Basin in Nevada. The WDGB has no legal authority or power to impose a per parcel fee much less to impose a new special per parcel fee of $35 in Pahrump Regional Planning District area within of the Pahrump Artesian Basin (10-162), Nye County, Nevada to pay for a carbonate rock aquifer exploratory project located in Clark County . The action of Item 9 of the WDGB is not a general ad valorem tax pursuant to Section 10 of the Nye County Water District Act. The Act does not have a power to levy a per parcel fee. A tax is levied compulsorily by the local government on it citizens to defray the expenses the local government. A fee is a voluntary payment to the local government for the special services rendered by the public interest, but conferring a specific advantage on the person paying it. Nevada is historically, and continues to be, a classic Dillon’s Rule state. Dillon’s Rule provides that a local government is a government of limited powers and that it may exercise only those powers that are expressly granted to the local government by the state constitution or statute. The Legislature is required by Article 4 of the Nevada Constitution Section 20 to establish a system of uniform county governments and the Section 21 specifically prohibits local or special laws that single out a specific county; all laws shall be general and of uniform operation throughout the State. SB 222 - Chapter 542; the Nye County Water District Act is special law for Nye County only. This is the reason why the Legislative Counsel Bureau (LCB) has not codified Chapter 542 as a Nevada Revised Statute (NRS). arc ccccrrrn nm as Dec. 17, 2019 BoCC Agenda Item 40 Comments by John F. Bosta ATTACHMENT 1 Section 7 (5) Members of the Board serve at the pleasure of the Commission and may be recalled by a simple majority vote of all the members of the Commission Section 8 (1) tists the 23 powers (a-w) of WDGB. The Board has exercised only (a), (b), {c), (d), & {h) of the 23 powers. (h) To develop and adopt, subject to approval by the Commission, ordinances, rules, regulations and bylaws necessary for the exercise of the powers and conduct of the affairs of the board and District. All bylaws adopted or amended must also be approved by a supermajority vote of the members of the Board. Attached hereto is my Dec. 9, 2019 WD Item 9 Comments which the Chair agreed that | could email later and the Water District Manager refused to accept. Respectfully submitted, poh Rests Johnie. Bosta 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. Office of the Attorney General (OAG) File No. 13897-314, page 3 of 7 of the Open Meeting Law (OML), [An agenda for a meeting of a public body must include a “clear and complete statement of the topic to be considered during the meeting,” NRS 241.020(2)(d)(1). Strict adherence with the “clear and complete” standard for agenda items is required for compliance under the OML, Sandoval v. Bd. Of Regents of Univ., 119 Nev. 148, 154 (2003). The OML, “seeks to give the public clear notice of the topics to be discussed at public meetings so that the public can attend a meeting when an issue of interest will be discussed.” Id. At 155. Further, “a ‘higher degree of specificity is needed when the subject to be debated is of special or significant interest to the public’” Id. at 155-56 (quoting Gardner v. Herring, 21 S.W.3d 767, 773 (Tex. App. 2000)).] The agenda Item 9: “For Possible Action — Discussion, deliberation and possible action regarding funding for the carbonate aquifer exploratory project to include anes. ie per parcel fee of all parcels served by Basin 162 to fund the project.” The generic agenda items such as regarding “funding for the carbonate aquifer explorato roject_to increase parcel fees _on_all parcels” or 2GSniBlet@vaeseriptiehWor reqiestea action” are not clear and complete: e Representative from Nevada Division of Water Resources to present information on Basin 162 Perennial Yield? ¢ Dwight Smith of Interflow Hydrology, Inc. to review the Pahrump Valley Carbonate Aquifer Water Supply Evaluation Project Budget (5/21/2018) Christal Behrends to discuss exhausted grant funding search. John Klenke to present possible “USGS” matching fund opportunity. Savanna Rucker to advise of Government fiancé options. Oz Wichman to provide a discussion summary. The six commenter’s discussion with the Board asking questions took more than one and a half hour. The general comments by Staff from Nevada Division of Water, Staff of Nye County (John Klenke & Savanna Rucker), Staff of Water District employees and Contractors, Dwight Smith and Oz Wichman March 18, 2005 1 paid $ 12,135 to Utilities Inc. of Central Nevada (UICN) to extent the water service line 400 feet for the entire block on W. Eaton Street for my vacant lot. I now have a utilities service box (ROW) that I can connect to for service if I ever decide to build or sell. * [receive no benefit for the SS fee charge by the Water District on my vacant Jot on Dec. 9, 2019 WD Agenda Item 9 Comment by john F. Bosta Page 1 e The fee increase to pay for the Carbonate aquifer exploratory project will not benefit my property. Great Basin Water Company (GBWC) has over 29,000 parcels in their district. e The Water District collects a $5 fee on each of these 29,000 parcels and provides no benefit to any of these 29,000 lots. e The fee increase to pay for the Carbonate aquifer exploratory project will not benefit any of the 29,000 parcels in GBWC. A tax is levied compulsorily by the local government on its citizens to defray the expenses 0! the local government. A fee is a voluntary payment to the local government for the special services rendered by it in the public interest, but conferring a specific advantage on the person paying it. The Board’s action should not be about what the Board wants, but the action should be what the Public wants. The use of per parcel fee is not the proper method of funding if there is no benefit to each parcel owner. My_ Comment on Item No. 9 has matters of public interest and should be rescheduled for further discussion later at workshop meetings so that the public has more time than three minutes for scrutiny or input. The Chairman informed me that my three minutes was up. I_then told the Chairman that I would need more time to redo my written comments because of the comments made during the meeting before Public Comment was allowed. The Chairman said, “OK” just email you comments to Christal. Generic items should be used sparingly and carefully, and actual discussions should be controlled tightly. For example, County employee, Darrel Lacy, who making comments during the Board discussion and deliberation of Item No. 9 is not listed in under “Complete description o d action” and is not listed on the agenda as Water District staff. Question that | was not given time to ask: What benefit will be received by all parcels served by Basin 162 to fund the project? How many parcels are in Basin 162? What is the Total cost of the project? What is increase of the fee per parcel in Pahrump Base 162? Is the perennial yield 20,000 afa for the basin-fill aquifer only? Where is the carbonate aquifer exploratory project located? Is the carbonate aquifer different than the basin-fill aquifer? How much water is in the carbonate aquifer? nn ee ne al Dec. 9, 2019 WD Agenda Item 9 Comment by John F. Bosta Page 2 June 18, 2007 the Nevada Legislature adopted Senate Bill No. 222 — Chapter 542 ercating the Nye County Water District Act. The Act confers the powers of the Board; authorizing the Board to levy and collect certain taxes; exempting the District from regulation by the Public Utilities Commission of Nevada. Powers that Water District Board needs to consider before taking action for Agenda Item No. 9: Sec. 7 (5) Members of the Board serve at the pleasure of the Commission and may be recalled by a simple majority vote of all the members of the Commission. See. 8. (1) The District has the following powers: (h) Fo develop and adopt, subject to approval by the Commission, ordinances, rules, regulations and bylaw necessary for the exercise of the powers and conduct of the affairs of the Board and District. All bylaws adopted or amended must also be approved by a supermajority vote of the members of the Board. (q) To cause taxes to be Ievied and collected for the purposes prescribed in sections | to 12, inclusive, of this act, including, without limitation, the payment of any obligation of the District during its organization state and thereafter, and necessary enginecring costs, and to assist in the operational expenses of the District, until such taxes are no longer required. Sec. 8 (2) As used in this section, “supermajority” means an affirmative vote of not less than five of the seven members of the Board. Sec 9. (2) A simple majority of the members of the Board constitutes a quorum. Except as otherwise provide in section 8 of this act, a quorum may exercise all the powers and authority conferred on the Board. Sec 10. (2) The Beard shall determine the amount of money necessary to be raised by taxation for a particular year in addition to other sources of revenue of the District. The Board shall fix a rate of levy which, when applied to the assessed valuation of all taxable property within the District, will produce an amount, when combined with other revenues of the District, sufficient to pay, when due, all principal of and interest on general obligations of the District and any default or deficiencies relating thereto. Sec. 10 (3) In accordance with and in the same manner required by the law applicable to incorporated cities, the Board shall certify the rate of levy fixed pursuant to subsection 2 for levy upon all taxable property within the District in accordance with such rate at the time and in the manner required by law for levying of taxes for county purposes. Note: LCB has not Codified Chapter 542 as a Nevada Revised Statute (NRS), therefore one must go the Act itself. July 5, 2007 Pahrump Valley Water Resources, LLC filed the Application 76027 for underground water at a depth of 3,000 feet into the Carbonate Rock Aquifer for 18,000 AFA, 36.0 cfs for Municipal use, “The well will be completed in a manner to minimize the risk of affecting the water level in the basin-fill aquifer. The basin-fill aquifer interval will be sealed, so there will be no water production from the upper aquifer. The basin-fill Dec. 9, 2019 WD Agenda Item 9 Comment by John F. Bosta ———— "Page 3 aquifer interval will be sealed, so there will be no water production from the upper aquifer. Additionally, the production interval in the completed well will be below the top of the Carbonate Rock Aquifer. The annual recharge rate used by the Division of Water resources for Pahrump is 19,000 AFA, which comes from the USGS Water Supply Paper 2279 (Harrill, 1986). The 19,000 AFA figure presented by Harrill (1986) is the recharge rate for the basin-fill only. Harrill models the total recharge for Pahrump Valley at 37,000 AFA; 19,000 AFA t the basin-fill aquifer, and 18,000 AFA to the Carbonate Rock Aquifer. Given this, the annual yield used by the Division of Water Resources for Pahrump Valley is for the basin-fill aquifer only, and excludes the Carbonate Rock Aquifer from the Pahrump Valley ground water basin. If the Carbonate Rock Aquifer is delineated separately from the basin-fill aquifer beneath Pahrump Valley (as is evidenced by the DWR annual yield figure), then the available unallocated ground water from this lower aquifer is equal to the total average annual recharge of 18,000 AFA. The Division of Water Resources has in the past permitted water rights specifically from the Carbonate Rock Aquifer in other basins in Nevada (permits 70429 and 70430, for example). It is the position of Pahrump Valley Water Resources, LLC that the Carbonate Rock Aquifer beneath Pahrump Valley is separate aquifer, and hence a separate ground water basin than the basin-fill aquifer.” August 1, 2007 the State Engineer issued Ruling # 5756 for Application No. 76027; this application is hereby denied on the grounds that it is approval would violate the provisions of State Engineer’s Order No. 1107. Matter of Local Concern NRS 268.001 Legislative finding and deciarations. (1) Historically under Nevada law, the exercise of powers by the governing body of an incorporated city has been governed by a common-law rule of local government power know as Dillon’s Rule, which is named after former Chief Justice John F. Dillon of the Iowa Supreme Court who in a case from 1868 and in later treatises on the law governing local governments set forth the common-law rule defining and limiting the powers of local governments. In Nevada’s jurisprudence, the Nevada Supreme Court has adopted and applied Dillon’s Rule to county, city, and other local governments. As applied to city government, Dillon’s Rule provides that the governing body of an incorporated city possesses and may exercise only the following powers and no others: NRS268.0035 Powers of governing body; exercise of powers; prohibitions. 4, Except as expressly authorized by statute or city charter or necessarily or fairly implied in or incident to powers expressly authorized by statute or city charter, the governing body of an incorporated city shall not: (a) Impose a service charge or user fee; (Added to NRS by 2015, 2702) Section 10 (3) of Chapter 542 In accordance with and in the same manner required by the law applicable to incorporated cities requires the Nye County Water District to apply Dillon’s Rule that the District possesses and may exercise only powers in Sec. 8 (1)(a)-(w), inclusevive, & (2) and no others. Since the Water District first meeting in March 16, 2009 the Board has exercised only 5 powers; (a), (b), (c), (d), and (h) out of 23 powers in Sec. 8 (1). The word “fee” is not ST Dec. 9, 2019 WD Agenda Item 9 Comment by John F. Bosta Page 4 April 26, 2010 the Water District Board adopted Bill No. WD 2010-01, Ordinance 2010-1 for an $8 per parcel charge to take affect June 20, 2010 by a vote of 7-0. June 15, 2010 the to approve the Ord. 2010-01 by a + << [=] = a) b> 1 Ge e The roles and responsibilities of the parties in terms of providing office and staff support to the Nye County Water District. e Methods of proper payment of invoices or other administrative fees. e Performance of such contracts, leases, cooperative agreements or other transactions as may be necessary in carrying out the functions of the Water District. Both, Bill No. WD 2010-01, Ord. 1 for an $8 per parcel charge and WD Resolution No. 2012-001 fora have been adopted under the color of the law pursuant to Chapter 542 Item il. | Respectfully submitted, fobnd foot John. Bosta Dec. 9, 2019 WD Agenda Item 9 Comment by John F. Bosta Page 5 12/15/2019 Gmail - RE: Comments by John Bosta (Received on 12/13/2019} Oz Wichman General Manager Nye County Water District Email from John Bosta to the NCWD below: From: John Bosta <beslajohn@gmail.com> Sent: Friday, December 13, 2019 4:47 PM To: Christal L. Behrends <clbehrends@co.nye.nv.us> Subject: Comments by John Bosta Good afternoon, During the December $, 2019 Agenda Iterm 9, | requested that both verbal and written comments be included in the minutes of the meeting. The Chairman cut me off at three minutes and | request that | need time to complete my written comments due to the comments during the one and half hours of testimaony by Levi Kryder, Dwight Smith, Sannannah Rucker, John Klenke, Darrell Lacy and Oz Wichman. The Chairman agreed, "just email your comments to Christal." | was able to make comments down to the blue font on page 2. After the blue font highlighted in yellow would be my verbal comments that | was not able to make. The minutes to the December 9, 2019 is not included in the backup of the December 17, 2017 BoCC meeting. Please email each BoCC member a copy of my written comments attached hereto. Thank you for your help in this matter. John F. Bosta 4 December 9, 2019 WD Agenda Item 9 Comments by John F. Bosta.pdf 4907K https://mail.google.com/mail/u/07ik=205faa368c&view=pt&search=all&permthid=thread-f%3A 16530 127027439024308simpl=msg-f%3A16530127027... 2/2 12/15/2019 Gmail - RE: Comments by John Bosta (Received on 12/13/2019) mM Gmail John Bosta <bostajohn@gmail.com> RE: Comments by John Bosta (Received on 12/13/2019) 1 message Oscar <ohwichman@gmail.com> Sun, Dec 15, 2019 at 10:48 AM To: bostajohn@gqmail.com Cc: David Hall <davidti147@gmail.com>, "Christal L. Behrends" <clbehrends@co.nye.nv.us> John, We have received your comments (attached) and a copy of your email (below), both received by our office (Christal) on December 13, 2019. it appears that you are submitting written comments after the clase of the December 9, 2019 WDGB meeting, and requesting that they be included In the December 9, 2019 meeting minutes. What we can do (and will do) is forward your comments to the members of the WDGB - per your discussion with the Chair, and per the Chairs’ comments during the December 9, 2019 WDGB meeting (see meeting video at time 1:39:25). In light of the fact you stated that you were going to “add some rebuttal” to your written comments; we are working under the impression that your comments were revised after the close of the meeting, This impression is supported by: a.) Your exchange with the Chair at the close of your public comments (see meeting video at time 1:39:25), and b.) By the fact that our office received your written comments some 4 days after the close of the meeting (received on December 13, 2019). What we cannot do (will not do) is include revised written comments in the meeting minutes that were received after the close of a meeting; thereby representing they are part of the public record received during the course of the subject December 8, 2019 meeting. You have also requested we forward your comments (attached) to the members of the Board of County Commissioners {(BoCC). Your comments to the BoCC should come directly from you John. The complete contact information for the members of the BoCC can be found on the Nye County website at the following link: http://nyecounty.net/552/Board-of- County-Commissioners Looking forward, please provide all written comments during the course of the meetings to insure we stay in compliance with open meeting laws, and even more important, all comments from you to various Boards and entities really need to be sent directly by you .... so you remain squarely in control of having your voice heard, and communicated in the manner that you intend. Christal....Please forward John’s comments (attached) to the members of the WDGB individually. And John, please forward your comments to the BoCC (contact information source provided previously in this email). Thank you Oz https://mail.google.com/mail/u/07ik=205faa368c8view=pt&search=all&permthid=thread-f%34 1653012702743902430&simpl=msg-f%3A16530127027... 1/2 Private Well Owners Cooperative Association Post Office Box 2073 Pahrump Nevada 89041-2073 Fare noes 4 uw Every Drop Counts” December 17, 2019 Dear Commissioners, The Private Well Owners request that the Board of Commissioners deny the Nye County Water Boards action to place a Parcel Tax Increase on over 50,000 properties within Basin 162 in the amount of $30.00 “Minimum” per year for three (3) years to fund a “carbonate aquifer exploratory project” in Clark County. The original discussion for the subject ofan increase in the tax was at a Water Board meeting dated July 29 2019, 1.27.50 minutes into the meeting where Oz Wichman spoke for almost 10 minutes and in that timeframe stated twice that “this is not on the agenda” and spoke through to 1.36.41 minutes. At the point 1.36.17 John Koenig stated “this is getting really of the subject .... and is getting dangerous”, Oz Wichman finished his conversation. (see recorded meeting on-line of July 29, 2019). This subject matter started with a violation of the “Open Meeting Law” on July 29, 2019 where the $5.00 approximately annual increase of the tax increasing to $30.00 Minimum, at the December 9". 2019 meeting. A simple flaw with this tax is that on the Nye County Tax bill there is a county wide parcel-fee of $5.00 collected for the Water District. This $30.00 minimum fee would be for Basin 162 residence and must not be commingled funds witha fee already collected confusing all the taxpayers within the county, as to why some parcels were being billed much larger amounts than others. Even though the commingling of funds is an issue, the main concern here is that the way this tax was being presented at the Water Board meetings is nothing more than taxation without representation fora project that within this funding cycle would and could not benefit Basin 162, but rather supplies Clark County with documentation of water available at a great depth, and if it ATTACHMENT 2 became any use to Nye County it would need a pipeline to transport the water (if found) back into the Basin in Pahrump area at the cost of millions upon millions. Therefore, the Private Well Owners association members and its Board of Directors request that the Nye County Commissioners take the following action, asan a io ak. Deny this project completely as an irresponsible and cumbersome project that has no benefit to the property owners within Basin 162 and the matter be close with no further action. One does have to reflect as to the reasoning for such a project. Thank you, The Well Owners membership and the Board of Directors, Sincerely, Matthew H Burg Matt Burg, President \ hf e-— LOS NRE MAD 0“ NE i \ab ocood Uo 7 TN au are bo Sur-dolg-gooae7 | Lo+~ + a \ = dope o BAS “s —s swell ovee Wabhmin gut Se. ELTA LN ty rural ALTEN a ar Ue v hoes la . no nant Cte Wie Lot Waa eo: ~ Cb Gund y es SA ay ++oie <a Wee Y —— Lach, 3 NCCE. Wo + Le Wows © ees ia Co Le ag ice uyper ATTACHMENT 3 =s WwW" qo ne Quer +o CO uA dain aves lone “ay Se Va, ay Ven ck rom evel L\So - ROO Ya 7 C Z EAM Parent Stn ey Opera d . ot wre ot 2340 —~ \0O230 Bun —F yee OC & Varg ee Ax~ Ca So ale ee ~Ahye C 4 OU Wa elt aed 2 y : p “ SQac et Bole aaaltot ies eee Crop , > AWis C409 Ne we ooo Lov Dav Ca yy avow th —who Waa th Loo Wb Ye do Am ASH, where “Hehe * J daes Lorn ag ka WOVE laussuness bene y ae eS alte Saket \ ome UNA. pesrvn . q Re vee a commune y omi CL VIES On yrreiy Nose Ao Mee kis” ak ids OW. +> Sumal e. Areas av Bie clrvee ao oo? ow ic hboc ee . so Me 2 Ay ~ TOW : UA ta WO WALI A 2) TO: Nye County Commissioners & Planning Committee RE: Residents’ Concerns Regarding Relocation SU-2019-000067 Date: 12-16-19 ~ Dear Nye County Commissioners and Planning Committee: l received notice of the proposed request to relocate an existent Marijuana establishment from 301 South Oxbow to 9850 S. Oakridge Avenue in Pahrump NV. As a resident at 2701 E. Fuchsia, I live kitty-corner from the property where the relocation will move. For the past 3 years I (along with my neighbors) have experienced serious discomfort based on 4 key issues that were to have been corrected but never were. So, prior to making your decision, I ask that the commissions and planning committee consider the following concerns from 2 residents at 2601 East Fuchsia When this original owner of this property requested approval to change his Greenhouse to a Marijuana Grow House several years ago, there were several committee commissioner meetings held wherein residents voiced multiple concerns related to this requested special use permit. The first concern was the unbecoming razor wire atop barbed wire fencing, After discussion the commissioners determined that the razor wire was incompatible with the residential zoning that exists for this part of Pahrump, Thankfully this razor wire was removed. The second concern was the use of cloth to cover the fencing and provide privacy. Neighbors across the street from the facility as well residents located kitty corner from the facility requested that a more secure privacy fencing be used rather than the cloth. The reason for this is that any significant wind would constantly rip the cloth and wave in the wind. This was not only a hazard but also made the property look unkept. The owner protested that such vinyl privacy fencing did not exist. However, the residents showed retorted and showed specific Pahrump sites where vinyl private fencing was used. The owner said he wouid try to do so but that never happened and there was no follow-up from the County occurred. I have provided current pictures to show how shabby and unbecoming this covering is. It clearly diminishes the value of our residences and is also is inconsistent with othe careful care taken to maintain our residences. A third concern that was voiced was the intense putrid smell of the deodorizer used to process the marijuana. Neighbors across the road and surrounding acres must clase all windows when the processing occurs. The deodorant has a disgusting, intense odor and affects the quality of aur lives. Some young children report that they vomit from it at times. A fourth concern was the traffic that occurs on our residential surrounding roads of Bond, Oakridge, Fuchsia. Workers rushing home from work speed down the roads at shift changes and cause a danger to our pets and children. The squealing noise is annoying. In addition, large semis and other commercial trucks travel down these roads and add to the commotion. Concerns 2, 3, and 4 are serious ones based on several years of experience and lack of monitoring. We ask that as the Commissioners consider this proposal and require that these specific conditions should be detailed with deadlines and follow-up monitoring PRIOR to granting approval. Some of the items such as the deodorizer may require aditional research. No matter what we strongly urge you as commissioners and planners to take action to remedy these concerns before moving forward with the request. Respectfully,

Ms. Amy

Modderman N hdr ATTACHMENT 4 , re Pep cog 7 x y 4 ay yl hte oa re aoe al ou = q ae cf is ‘Sas Jaynee Reeves Subject: FW: Email From: Neal Jones [mailto:njones14791@gmail.com} Sent: Sunday, December 15, 2019 4:33 PM To: Ifblundo@co.nye.nv.us; Donna Cox <coxdonnac@msn.com>; districkland@co.nye.nv.us; John Koenig <jkoenig@co.nye.nv.us> Ce: Lorinda Wichman <lawichman@gmail.com> Subject: Agenda item # 40, BoCC meeting 2019-12-17 Nye County Commissioners This e-mail is in regards to the agenda item # 40 for your December 17, 2019 meeting. Though this does not have an impact on our property or tax bill, | believe the actions of the Nye County Water District Governing Board were improper and should be reversed by the Board of County Commissioners. As was outlined in my comment to the Water District Board (attached) for their meeting on December 9, 2019, | do not believe the Water District has the proper legal authority to increase this fee on the property owners in Basin 162, much less impose this fee for all property owners in the County when we receive no services for this fee. Why would the Water District impose a fee on Nye County property owners for wells they want to drill that are located in Clark County? There is no guarantee that the wells will produce water and if they do produce water if that water will even go to Nye County properties. Also attached is a letter | received from the Nye County Public Information Officer, Mr. Arnold Knightly. In this letter, Mr. Knightly clearly states that the “Water District is a separate government body not overseen by Nye County." So, why would the Water District ask the BoCC to review and respond to this action if they do not oversee the Water District? | ask that this letter and attachments be read and included in the meeting minutes as public comment for the aforementioned agenda item at your December 17, 2019 meeting. Respectfully submitted Neal Jones Belmont, Nye County, Nevada Nye County Property owner and taxpayer Member Private Well Owner Cooperative