December 16, 2021

Sheriff Wehriy

was not present at this time.

Commissioner Cox

said she would like an ordinance to support the Washoe County voters. Their commission voted to lift all of the COVID-19 emergency declarations for their county and she would like to see Nye do the same along with lifting the Governor’s mandates. She wanted another ordinance to make everyone show ID when they went in to vote.

Commissioner Carbone

echoed Commissioner Cox’s comments. Chris Arabia said tomorrow marked one year since Don Charez made his last appearance in Nye County. He asked everyone to remember him and Bear Smith during the holiday season. December 16, 2021

Commissioner Strickland

opened and closed the public hearing.

Commissioner Blundo

made a motion to approve the amendment; seconded by

Commissioner Jabbour

; 5 yeas. Gb. For Possible Action Public Hearing, discussion and deliberation on ZCMP 21-33: An application for a Zone Change to change approximately 2.09 acres from Rural Estates Residential (RE-I) to General Commercial (GC) to allow a Rent-2-Go business on property located at 3980 and 3950 S. Panhandle Place, Pahrump, NV Assessor’s Parcel Numbers 041 -292-11 and 041-292-12. Shug Co., LLC. — Property Owner. Chrismor Investments, LLC. ApplicantlAgent.

Commissioner Strickland

opened and closed the public hearing.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Jabbour; 5 yeas.

Mr. Pay

then addressed misinformation. He advised the BLM did not choose the locations in the applications. The applicants did and BLM reviewed the applications to December 16, 2021 7. 10:00 am. Presentation by Nicholas Pay with the Bureau of Land Management (BLM) regarding proposed solar projects located on BLM lands within Nye County-Cont’d. determine whether they were appropriate, consistent with law, regulation and policy, and BLM’s current resource management plan. The solar energy program had a little bit of a different process with the addition of two steps. When BLM got a renewable energy project in, the southern district had established a prioritization process. Informal conversations were held with county commissioners and local/tribal governments to understand what the initial 30,000-foot look was at potential issues. The applications were prioritized for processing, not the area for solar development. The applicant paid for the work BLM did, not the taxpayers. Mr. Pay discussed the application evaluation review process. There were 12 applications in Nye and he would get updated information for his next presentation. Mr. Pay said he looked forward to working with the Commissioners as the projects moved forward.

Commissioner Blundo

asked if the interest was for solar projects only.

Mr. Pay

said they were primarily solar, but there was one application for wind testing.

Commissioner Cox

asked where the power would go.

Mr. Pay

explained NV Energy’s Greenlink project seemed to be driving most of the interest in Amargosa Valley. In Pahrump it seemed to be driven by the California ISO grid and the Valley Electric system. He said where the power went and how that worked was not necessarily a BLM decision. The grid operators determined that.

Commissioner Strickland

said PLAC had been having many meetings. They learned Grid Liance was the cooperating entity with Valley Electric that built the transmission receiving substations and there were two in the valley floor, one in Trout Canyon and one at Gamebird. She thought when that happened with Gamebird it only had to do with ARES, the trains with the batteries. They apparently had the ability to take more power. She asked how many acres would Trout Canyon need to provide the power projected under the current build out and was told 9,000 acres. Across the Clark County line were two projects. The Yellow Pine had broken ground, but she did not know the acres.

Mr. Pay

said it was 3,000 acres.

Commissioner Strickland

stated just because someone built it did not mean Nye had to allow it to happen since they built the system without checking with other local governments to see if they would approve the solar. In order for the NEPA process to happen they had to have jurisdictional approval and that was the County’s stop gate.

Commissioner Jabbour

hoped BLM heard that the public should be the most prioritized in that process. Most of the projects if approved would choke out the population of December 16, 2021 7. 10:00 a.rn. Presentation by Nicholas Pay with the Bureau of Land Management (BLM) regarding proposed solar projects located on BLM lands within Nye County-Cont’d. Pahrump. He also wondered why Pahrump when there was so much land available in the State in areas that would not affect communities.

Commissioner Carbone

agreed with Commissioner Jabbour that there was a lot land elsewhere and said the public did not want solar in the town. BOARD OF COMMISSIONERS

Commissioner Strickland

noted the Commission had no governance until they applied for the SUP, but the word could be sent out at this point. Jeanne Wright stated she did not want solar in her backyard. Where she lived would be completely surrounded by it. She thought there were other areas the BLM could consider. She asked the Board to keep the public land public and place a no build zone around Pahrump. Helene Williams, representing the Private Well Owners’ Association, asked that all projects be denied due to the impact to Basin 162 they would cause. She asked that her written statement be included in the minutes [see Attachment 1]. Dwight Lilly expressed his concern with dust control with the projects and the lack of water resources to handle it. He asked BLM to shut the project down and the Board to vote and lobby to prevent this. Dee Mounts from Battleborn Patriots wanted the Commissioners to vote no and asked the Commissioners to rewrite the Code to have no solar within the PRPD. Robert Thomas talked about the rates California paid for the solar and what they sold it for. He mentioned his well was dropping because too much was being sucked out. He said he did not want the Commission to vote to turn Pahrump into a ghost town. Linda Clark said she had a letter to give to Mr. Pay. She asked the Commissioners to say no as it was not needed and would not help the citizens.

Sheriff Wehrly

was present. Lou Baker asked the Board to do solar correctly and be sure to put in a system that would last a long time. December 16, 2021 21. For Possible Action Discussion and deliberation to consider whether to support or oppose the Rough Hat Solar Proiect-Cont’d. Judy Westgate said she chose Pahrump to retire but would not have moved here if someone had told them there would be a sea of glass close to their homes. She felt the best way to manage the land was to leave it untouched near residential areas. She expressed her concerns with health issues caused by solar panels. Terry Nelson expressed concerns with reduced land values, the location of the facility to the school, and felt no one would move to Pahrump if it was allowed. Claudia Holmes advised Rough Hat said if the citizens did not want them in the town they would pull out, but they had not. Linda Bullen, representing Candela Renewables, stated the project was in the very early stage and had not been fully developed, but it had been modified extensively since first presented and would continue to evolve based upon input from the public. She felt it was premature for any vote to be taken by the Commission at this time. Additionally, there was no application in front of the Board today and any future application would be submitted only after the lengthy process with the BLM and the County. Ms. Bullen stated they heard the opposition from the community and the concerns deserved careful analysis. A vote today would be based on speculation and conjecture. Ms. Bullen asked the Board to reserve judgment and table this item until there was a fully defined project with fully understood impacts, mitigation, and benefits. Tim Bohannon expressed his concerns with sustainability, the competition aspect, recovery of the land issues, water reclamation, recreation, the resumption plan, and risk management issues. He asked the Board to say no. Jeannie King said the concessions people wanted to see was that they go to an area that did not have people living in it. Shannon Salter stated the BLM process was wrong and something needed to change. She thought this was an opportunity for the Nye and Clark Boards of County Commissioners to get BLM to put a halt to the Trout Canyon project. Joe Burdzinski said he was against having the solar system set up in Pahrump and wanted it kept out of Basin 162. He thought the Commission should form an energy development plan board to look at how to bring more energy to the area. He stated this was wrong for the County, for Pahrump, and for Basin 162. Stephen Pace said BLM was not a friend of Nevada and he would prefer everything stay the same in Pahrump. Timothy John Clampit was concerned about the construction noise he would hear. December 16, 2021 21. For Possible Action Discussion and deliberation to consider whether to support or oppose the Rough Hat Solar Project-Cont’d.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners.

Commissioner Strickland

made a motion to send a letter of opposition to Candela regarding the Rough Hat project with a copy to BLM, seconded by Commissioner Jabbour.

Commissioner Blundo

said he did not think anyone was against solar, but he did not know why the developer thought it would be appropriate to build so close to homes. He supported the people.

Commissioner Cox

thought these people were no different than the people who brought in the prison project who came in with promises that they did not keep.

Commissioner Jabbour

commented the County could not afford to have them suck the water.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. The Board was in recess until 1:15 p.m. 3. Approval of the Agenda for December 16, 2021 (Non-action item)-Reopened. Tim Sutton said item 32 could be removed from the agenda and would be put on a future agenda. He explained there were concerns raised about one of the applicants that staff needed to flush out. December 16, 2021

Commissioner Jabbour

began by clarifying some misinformation. First, he had the utmost respect for the judicial system, judges, law enforcement, etc., but he wanted to share some recent experiences. Three nights ago he was contacted and asked if he would do an interview, which he respectfully declined explaining he would give clarity and information at the Commission meeting. However, Judge Kim Wanker granted an interview, which Commissioner Jabbour read and addressed. The judge stated

Commissioner Jabbour

had gotten into a feud with Judge Robert Lane over the refusal to allow him to conceal carry in the Nye County courthouses. The judge said in retaliation they learned this morning the County was proposing removing both district judges from their offices and courtrooms with no communication with the district court about this being placed on the agenda. Judges Lane and Wanker had serious concerns for their safety as the threats had escalated over the past few months. The judge said Nye County had refused to hire the bailiff as requested and they did not have any security whatsoever on a day-to-day basis.

Commissioner Jabbour

stated he had never requested to carry a firearm inside of a courtroom and never would even if permission was granted to him. He clarified some terms he would address through his presentation, one being the file, the book, and the list, which were all one and the same. As far as a feud with Judge Lane, Commissioner Jabbour was not in a feud. There was a conflict and difference of opinion, which he would go over. He said this was not retaliation. It was about the Second Amendment rights of County citizens. Commissioner Jabbour informed Judge Lane that he would bring his concerns to the Board, which was clearly in his e-mail. Commissioner Jabbour said the judges had serious concerns for their safety, but no concern for the safety of others. As to the County refusing to hire the bailiff requested, Commissioner Jabbour asked someone from the Sheriff’s Office who was familiar with the situation to come to the podium. Captain David Boruchowitz came to the podium.

Commissioner Jabbour

asked Captain Boruchowitz to address the accusation the County refused to hire the bailiff as requested. December 16, 2021 22. For Possible Action Discussion and deliberation to recognize: 1) The Ian Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah is owned by Nye County and the Nye County Board of County Commissioners have the power and jurisdiction to control and manage the property in accordance with NRS 244.270; and 2) The Fifth Judicial District Court has the right to impose security measures for the courtrooms and office space occupied by the Fifth Judicial District Court staff, or used for court operations only; and 3) The Court Order in the Matter of Courthouse and Courtroom Security in the Fifth Judicial District dated February 5, 2010 ordered by District Court Judge Robert W. Lane only applies to the Fifth Judicial District courtrooms and office space occupied by the Fifth Judicial District Court staff in each respective complex-Cont’d. Maria Ziotek cautioned Commissioner Jabbour to stick to the agenda item as he was getting off the item and into personnel issues.

Commissioner Jabbour

asked as an employer was this bailiff employed at the Nye County Sheriff’s Office. Captain Boruchowitz believed the one she wanted to hire was previously employed.

Commissioner Jabbour

asked if that person left on their own accord.

Ms. Ziotek

stated this was clearly personnel and it was the District Attorney’s opinion those questions were very much about employment, hiring, firing, and leaving, and was not germane to the hiring of a bailiff. It was about a specific individual.

Commissioner Jabbour

said Nye County did not refuse and it was pending.

Commissioner Strickland

asked if it was specifically that the Commissioners would not allow a bailiff to be hired.

Commissioner Jabbour

said it was stated that Nye County had refused to hire the bailiff as requested. Judge Kim Wanker said she did not grant an interview and she could prove by the e mails from Nye County that she requested the bailiff be hired. She contacted POST who said that particular bailiff was eligible for hire despite the representations of the County. As far as not having security on a day-to-day basis, Commissioner Jabbour said there were three bailiffs assigned to the courtrooms and deputy district attorney investigators were in the building, so to say that was false and untrue. Shortly after he was appointed Commissioner, the former chairman informed Commissioner Jabbour of Judge Lane’s order. Commissioner Jabbour said he personally spoke with Judge Wanker three separate times within a six month period to formally fill out an application and be placed December 16, 2021 22. For Possible Action Discussion and deliberation to recognize: 1) The Ian Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah is owned by Nye County and the Nye County Board of County Commissioners have the power and jurisdiction to control and manage the property in accordance with NRS 244.270; and 2) The Fifth Judicial District Court has the right to impose security measures for the courtrooms and office space occupied by the Fifth Judicial District Court staff, or used for court operations only; and 3) The Court Order in the Matter of Courthouse and Courtroom Security in the Fifth Judicial District dated February 5, 2010 ordered by District Court Judge Robert W. Lane only applies to the Fifth Judicial District courtrooms and office space occupied by the Fifth Judicial District Court staff in each respective complex-Cont’d. on their list. He was told yes, but it never happened. He made an official appointment with Judge Lane for September 20, 201, at 8:30 a.m. in his Pahrump chambers. During the discussion Judge Lane agreed that he was not the only one with a target on his back and that the Commissioners had them as well. When the meeting concluded Judge Lane asked his secretary to pull the application, have Commissioner Jabbour fill it out, and he would grant it. Two weeks later he was denied permission by Judge Lane via an e-mail from his bailiff. The bailiff said he had copied and pasted from another denial, and then confirmed the denial was not a mistake. Commissioner Jabbour asked the bailiff to have the judges send him in writing their authority over the County complexes and the reason for their denial. To date nothing had been received. The denial brought about many questions, which were in the back-up. After directed by Judge Lane to provide to the County Manager the book, the bailiff explained there was no book. The County Manager again asked for the list, which was eventually provided, and it showed in the 11 years since the court order was in place only three names were on the list, none of whom were now employed by Nye County.

Commissioner Jabbour

then read his letter of challenge to Judge Lane dated October 20, 2021, which also stated that if Commissioner Jabbour did not receive a response within two weeks he would put it on the next available agenda for discussion. He then read Judge Lane’s response, which he received exactly two weeks after his. Judge Lane said he had tried for several years to get metal detectors and a guard at the entrance and the County refused to take on the expense. Also, after a shooting in Reno judges in the state were instructed to do what they could to increase safety in the courthouse resulting in the order. Commissioner Jabbour noted the court order said anyone who did not comply would be denied access. The postings stated violators would be subject to arrest. Commissioner Jabbour stated he was the last one to leave the county complex in Tonopah and did not want to disarm himself. Court was not in session, the judges were not there, but he would be subject to arrest for violating the order.

Commissioner Strickland

thought there was a lot of discrepancy in the documentation and she was concerned about how this was being administered. December 16, 2021 22. For Possible Action Discussion and deliberation to recognize: 1) The Ian Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah is owned by Nye County and the Nye County Board of County Commissioners have the power and jurisdiction to control and manage the property in accordance with NRS 244.270; and 2) The Fifth Judicial District Court has the right to impose security measures for the courtrooms and office space occupied by the Fifth Judicial District Court staff, or used for court operations only; and 3) The Court Order in the Matter of Courthouse and Courtroom Security in the Fifth Judicial District dated February 5, 2010 ordered by District Court Judge Robert W. Lane only applies to the Fifth Judicial District courtrooms and office space occupied by the Fifth Judicial District Court staff in each respective complex-Cont’d.

Commissioner Carbone

said this was not a courthouse. It was a complex and the way the order was worded it gave the opinion that the people could not go into the complex because there was an order that said they could not. He understood courtrooms, but the Commissioners needed control over what they were responsible for. He thought the Board needed to work with the judges.

Commissioner Blundo

agreed with the judges on the safety side of the equation, but he was sorry Commissioner Jabbour had been aggrieved.

Commissioner Strickland

thought everyone had been.

Commissioner Cox

said she had been fighting this since the sign was put up.

Commissioner Carbone

was right. She did research and those buildings were County complex buildings, not courthouses. Judge Wanker reminded the Commissioners they renamed the courthouse in Pahrump the Gerald “Bear” Smith Courthouse, not the government complex.

Commissioner Cox

said that was to just name the court portion of the complex. She objected to the fact that the order was Judge Lane’s opinion of the Supreme Court decision and he decided it should cover the entire complex even though his opinion only covered the courthouse portions of the building, which she considered to be only the areas covered by courthouse staff, not the general public offices. She also said she did not know why the metal detectors given to the County were not being used. Chris Arabia asked if legal review was done on this item, to which Commissioner Strickland responded no.

Commissioner Blundo

asked if the purpose of this item was to limit the scope of the judges’ authority in the courthouse.

Commissioner Jabbour

said that was one of them, and it was the courtroom. He wanted the court order to be restricted to the courtroom, not the County complex. December 16, 2021 22. For Possible Action Discussion and deliberation to recognize: 1) The lan Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah is owned by Nye County and the Nye County Board of County Commissioners have the power and lurisdiction to control and manage the property in accordance with NRS 244.270; and 2) The Fifth Judicial District Court has the right to impose security measures for the courtrooms and office space occupied by the Fifth Judicial District Court staff, or used for court operations only; and 3) The Court Order in the Matter of Courthouse and Courtroom Security in the Fifth Judicial District dated February 5, 2010 ordered by District Court Judge Robert W. Lane only applies to the Fifth Judicial District courtrooms and office space occupied by the Fifth Judicial District Court staff in each respective complex-Cont’d. Judge Wanker said some of the things Commissioner Jabbour said shocked her. Neither she nor Justices of the Peace Lisa Chamlee and Kent Jasperson were aware of that list. She was not aware of anyone who had permission to carry in the courthouse other than a judge, a law enforcement POST-certified officer in uniform or the bailiffs. She referred to NRS 202.3673 and a 2018 Nevada Attorney General’s opinion. The NRS talked about public buildings and who could carry weapons in them and she thought that was where the sign came from.

Commissioner Jabbour

noted the judge did not mention subsection d of NRS 202.3673, which allowed for any permittee to carry a concealed firearm if the permittee had received written permission from the person in control of the public building to carry the concealed firearm. Judge Wanker said she had not gotten to that, but she agreed with it. She addressed what happened in 2018 when some public employees said they should be allowed to carry their concealed guns at work. The State had a policy that said that could not be done. The Attorney General’s opinion dated December 20, 2018, said if someone was a public employee of that building and they had a permit the judges could not say they could not carry that weapon.

Commissioner Strickland

said since that was the law, posted or not, each one of the employees should have been granted permission. Judge Wanker said she was not the one granting or not granting. Their understanding was there was no book.

Commissioner Strickland

felt the posting should be at the courtroom, not the entrance of the buildings. Judge Wanker stated there were real safety concerns. She felt there was a workable solution, but the Commissioners needed do something about the requests made for every courthouse to hire someone to run the scanner. There was not even an intercom December 16, 2021 22. For Possible Action Discussion and deliberation to recognize: 1) The Ian Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah is owned by Nye County and the Nye County Board of County Commissioners have the power and jurisdiction to control and manage the property in accordance with NRS 244.270; and 2) The Fifth Judicial District Court has the right to impose security measures for the courtrooms and office space occupied by the Fifth Judicial District Court staff, or used for court operations only; and 3) The Court Order in the Matter of Courthouse and Courtroom Security in the Fifth Judicial District dated February 5, 2010 ordered by District Court Judge Robert W. Lane only applies to the Fifth Judicial District courtrooms and office space occupied by the Fifth Judicial District Court staff in each respective complex-Cont’d. in the courtroom. There was an alarm, but the Sheriff’s Office could not determine which courtroom it was in.

Commissioner Jabbour

noted the e-mail in the back-up from Judge Lane clearly directed the bailiff to provide the book to the County Manager. His application was submitted to Judge Wanker along with Justices of the Peace Chamlee, Jasperson, and Sullivan, all five of whom denied the request, but Judge Wanker said she did not know this was going on. Judge Wanker advised his request did not go to her, but she did not believe people should be concealed carrying in the courthouses.

Commissioner Cox

said Nevada was an open carry State and asked how this would apply to concealed carry people. Justice of the Peace Kent Jasperson said he was not against the Second Amendment. He had also heard a rumor about someone being approved to carry guns, but he had not seen a book or a list of people allowed to carry. He felt no one should carry a gun except the bailiff and law enforcement; but if people felt safe doing it he was not going to begrudge them.

Commissioner Jabbour

clarified this item was not about allowing anyone to carry a firearm into the courtrooms. The courtroom, courthouse, County complex and County building needed to be defined. Justice of the Peace Lisa Chamlee said she supported the sentiments of Judge Wanker and Justice of the Peace Jasperson. She was willing to review the statute, but her paramount concern was they did not want an incident in the courthouse where someone who was not authorized to carry was carrying. She would also like to have conversations about how to strengthen the security in the courthouse and she urged the Commissioners to provide that security. December 16, 2021 22. For Possible Action Discussion and deliberation to recognize: 1) The Ian Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah is owned by Nye County and the Nye County Board of County Commissioners have the power and jurisdiction to control and manage the property in accordance with NRS 244.270; and 2) The Fifth Judicial District Court has the right to impose security measures for the courtrooms and office space occupied by the Fifth Judicial District Court staff, or used for court operations only; and 3) The Court Order in the Matter of Courthouse and Courtroom Security in the Fifth Judicial District dated February 5, 2010 ordered by District Court Judge Robert W. Lane only applies to the Fifth Judicial District courtrooms and office space occupied by the Fifth Judicial District Court staff in each respective complex-Cont’d. Stephen Pace thanked the Commissioners for what they were doing now. Anyone involved in this should be concerned about Second Amendment rights. He said the law had already been set, but the judges were saying not this one, and he wondered how they were able to do that. Robert Thomas said a gun free zone was a euphemism for target rich environment. To keep the people safe they needed to be allowed to do what the law allowed. He talked about shootings he experienced as a deputy district attorney in Orange and Butte Counties in California. He asked that this matter be tabled for input from the Sheriff as to how she would handle the bailiffs and where the funding would come from. Carl Joerger, an attorney in Pahrump, said the complex in Pahrump was a courthouse. After the Assessor, Recorder and Treasurer left the only business being done there was courthouse business. He agreed with tabling the item. Tim Bohannon said he spoke with Commissioner Jabbour about this item and wondered if common ground could be found. It did need to be looked at as the judges’ concerns were legitimate, but from the Commissioners’ side they wanted control and responsibility of the facilities and the Second Amendment rights honored. He thought tabling the item might not be a bad thing to allow time to find a solution that would work in the future. Karen Williams said she agreed with a lot of what she heard today. She heard the word courthouse used a lot, and that should not be used as there were no courthouses. There were County buildings in which the courts were tenants. The judges should only control the portions they used and not the rest of the government building. The Second Amendment needed to be respected as well as the solution passed about carrying weapons. Ammie Nelson agreed with Commissioner Jabbour and the judges. If the judges had concerns about who might be permitted to conceal carry and there was a case, she suggested that there be a section on the paperwork that described if they were allowed to conceal carry. December 16, 2021 22. For Possible Action Discussion and deliberation to recognize: 1) The Ian Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah is owned by Nye County and the Nye County Board of County Commissioners have the power and jurisdiction to control and manage the property in accordance with NRS 244.270; and 2) The Fifth Judicial District Court has the right to impose security measures for the courtrooms and office space occupied by the Fifth Judicial District Court staff, or used for court operations only; and 3) The Court Order in the Matter of Courthouse and Courtroom Security in the Fifth Judicial District dated February 5, 2010 ordered by District Court Judge Robert W. Lane only applies to the Fifth Judicial District courtrooms and office space occupied by the Fifth Judicial District Court staff in each respective complex-Cont’d. John Koenig advised one of the first things he did when elected was ask Judge Lane’s people to have permission to carry. He was given a form that he filled out, and on that form he said he would carry concealed and asked that the permission end when he was no longer a Commissioner. His name was not in the book because he was not approved, so obviously they pick and choose, which was not fair. NRS said whoever controlled the building could put that sign up. It also said someone with a CCW could not go into the courtroom. Mr. Koenig recommended peeling the sign off the front door and putting it on the courtroom door where it belonged. Misha Allen said her primary concern was the judges’ safety and moving forward in the conversation to put everyone in a safe space. Speaking about the building her office was in, Sheriff Wehrly said she did not feel the Sheriff’s Office was part of the court so the very first week she was in office she took the sign down and it had been down ever since. Everyone had the right in Nevada to carry and she did not feel she should pick and choose who could or could not walk into the office, so she did not ask.

Commissioner Jabbour

made a motion that 1) the Ian Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah were owned by Nye County and the Nye County Board of County Commissioners had the power and jurisdiction to control and manage the property in accordance with NRS 244.270; 2) the Fifth Judicial District Court had the right to impose security measures for the courtrooms and office space occupied by the Fifth Judicial District Court staff, or used for court operations only; and 3) the court order In the Matter of Courthouse and Courtroom Security in the Fifth Judicial District dated February 5, 2010 ordered by District Court Judge Robert W. Lane only applied to the Fifth Judicial District courtrooms and office space occupied by the Fifth Judicial District Court staff in each respective complex; seconded by Commissioner Carbone. Regarding the third part of the item, Chris Arabia advised the Nevada Supreme Court, in Halverson vs. Hardcastle in 2007, addressed the courtroom versus courthouse issue. That opinion stated three other jurisdictions had recognized that courts had inherent December 16, 2021 22. For Possible Action Discussion and deliberation to recognize: 1) The Ian Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah is owned by Nye County and the Nye County Board of County Commissioners have the power and jurisdiction to control and manage the property in accordance with NRS 244.270; and 2) The Fifth Judicial District Court has the right to impose security measures for the courtrooms and office space occupied by the Fifth Judicial District Court staff, or used for court operations only; and 3) The Court Order in the Matter of Courthouse and Courtroom Security in the Fifth Judicial District dated February 5, 2010 ordered by District Court Judge Robert W. Lane only applies to the Fifth Judicial District courtrooms and office space occupied by the Fifth Judicial District Court staff in each respective complex-Cont’d. authority to make certain their courtrooms were secure. By necessity, that latter exercise of inherent power extended to ensuring courthouse security in general. Sam Merlino asked for clarification for the Clerk’s offices located in both areas if it meant people could carry in those offices as well.

Commissioner Carbone

asked her if she wanted something on the doors stating people could or could not carry.

Commissioner Strickland

thought the Clerk needed to decide if she was paid for by Nye County or the courts.

Mrs. Merlino

said she was paid by the County, but the statutes stated they were also under the jurisdiction of the district courts. She was fine either way, but if there was a shooting she felt it would be in her office because that was where all the angry people went first. If the Board passed this and left it up to the judges, then the judges would probably have the authority to put the sign on her door and that was where she wanted the clarification. She would ask her staff what they wanted.

Commissioner Blundo

was concerned about an untrained populous and felt there was a serious aspect of security and regard for life here. Justice of the Peace Chamlee asked where the justice courts were in this entire discussion as there was a lot of talk about courthouses and courtrooms.

Commissioner Cox

said it was about the courts in general.

Mr. Arabia

thought there were competing desires over whether to do this right now or not, and the Clerk asked to have a chance to speak with her staff. If the Commission was going to take this action and basically invalidate a standing court order the appropriate way to do that was to have a litigation agenda item. It made sense to put this on another agenda to give the Clerk time to speak to her people and give the Commission a chance to get legal review on whatever it wanted to do. If the Board still December 16, 2021 22. For Possible Action Discussion and deliberation to recognize: 1) The Ian Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah is owned by Nye County and the Nye County Board of County Commissioners have the power and jurisdiction to control and manage the property in accordance with NRS 244.270; and 2) The Fifth Judicial District Court has the right to impose security measures for the courtrooms and office space occupied by the Fifth Judicial District Court staff, or used for court operations only; and 3) The Court Order in the Matter of Courthouse and Courtroom Security in the Fifth Judicial District dated February 5, 2010 ordered by District Court Judge Robert W. Lane only applies to the Fifth Judicial District courtrooms and office space occupied by the Fifth Judicial District Court staff in each respective complex-Cont’d. wanted to go forward then a litigation action item should be put on the agenda. Mr. Arabia thought doing it in a way that would never stand up if it was challenged would be an exercise in futility.

Commissioner Strickland

noted the order specifically said Fifth Judicial District Court and nothing else.

Mr. Arabia

felt the complex consisted of the Sheriff’s Department, the jail, the justice court, the district court, and the Clerk’s Office. The order as enforced only applied if someone went into the doors leading to the Clerk’s Office and the courts.

Commissioner Strickland

said that was not correct. In Tonopah she could not go past a certain point and could only go to her Commission office.

Mr. Arabia

thought there should be two agenda items then for each situation as they were different.

Commissioner Jabbour

said he disagreed because according to Judge Lane’s court order the complex was considered an annex to the courtroom, so for him to go into Tonopah chambers or his office on the opposite side of the building because he considered it an annex he would be in violation of the court order. He was not allowed to walk the building in its entirety carrying a firearm.

Mr. Arabia

suggested having one or two Commissioners work with the judges to see if it could be worked out, but it needed to be a litigation item.

Commissioner Blundo

suggested the back-up information be sent to all Commissioners through Tim Sutton so they were not getting the information at the meeting. He said he would have liked to have had the opportunity to talk with the Clerk or the judges.

Commissioner Jabbour

said there were six departments (Sheriff’s Office, Finance, Human Resources, Treasurer, Recorder, and Health and Human Services) that were suffering and pleading for more space. Commissioner Jabbour said the County was obligated to provide for a safe and healthy work environment for the County employees. His proposal would be a win/win situation for those departments and the Fifth Judicial Court. In the back-up was a report from both the Director of Buildings and Grounds and the County Safety Officer. Their assessments of certain areas of the buildings were they were in horrific conditions due to age, elements, deterioration, and the flooding. The engineer’s opinion was the building was a complete loss and needed to be unoccupied for the safety of the people inside. After reading the reports, meeting with people and doing tours, it was the opinion they would be able to relocate Finance and Human Resources, but the question was to where. A tour of the one-stop shop currently occupied by Building and Safety, Planning and Public Works was also done.

Commissioner Jabbour

said the proposal would be that once Public Works, Planning, and Building and Safety moved to the new building at the Eye, the 250 Building could be renovated and the Fifth Judicial Court could be relocated there providing space December 16, 2021 23. For Possible Action Discussion and deliberation to: 1) Relocate the Fifth Judicial District Departments I and 2, courtrooms and staff from the Ian Deutch Government Complex in Pahrump to the County owned facility located at 250 N. Hwy 160 in Pahrump and from the William P. Beko Justice Complex in Tonopah to the County owned facility located at 1118 Globemallow Ln. in Tonopah; and 2) Establish a timeline-Cont’d. according to NRS 3.100. In the back-up was also a proposal from Captain David Boruchowitz for the Sheriff’s Office to build on the back of their building just under 5,000 square feet. The Sheriff’s Office common area was a common wall to Judge Lane’s area. If this was to move forward, the Sheriff’s Office would be able to take over Fifth Judicial District Court Department 2 almost in its entirety with very limited cost. If Department 2 was relocated then Department 1 would have to be as well. The District Attorney’s office would then be moved to Department l’s office area and chambers, Human Resources and Finance would be moved over to the District Attorney’s Office.

Commissioner Jabbour

said the cost to move everyone would be $800,000.00. In Tonopah they would be moved to the building formerly known as the fitness center which would cost approximately $400,000.00. That would total $1 .2 million as opposed to the Sheriff’s Office proposal to build brand new at $1.5 million.

Commissioner Jabbour

felt it was clear the County complexes were taken over in their entirety by Judge Lane’s order. He referred to the spreadsheet in the back-up that showed the utility cost for the past ten years for the courts was $5,111,617.00 and he wanted to direct staff to generate an invoice to submit to the Fifth District Court since they took the complex over for the last eleven years to reimburse the County for the utilities it had paid. Judge Kim Wanker said Commissioner Jabbour’s figures were off. The judges spent almost $600,000.00 remodeling the chambers a few years ago paid for by court improvement money owned by the district court. She noted he totally left off the $300,000.00 spent on drug court to put in bathrooms and create a facility. The County gave no money to the drug court. Those funds were participant fees and grants. This appeared retaliatory to Judge Wanker and she apologized to Commissioner Jabbour that he was not given permission. The County had an obligation to provide facilities for district court, but they spent a lot of their own money as well. She was upset that the judges were not consulted about this item. There were things the judges had paid for in those departments that were not easily movable. Judge Wanker said she would expect, as she thought would Judge Lane, that they would get all the money back that they put into the chambers along with the drug court money spent. Chris Arabia asked to go into closed session for litigation. December 16, 2021 14. For Possible Action Closure of meeting, pursuant to NRS 241 .015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation.

Commissioner Blundo

made a motion to go into closed; seconded by Commissioner Carbone; 5 yeas. 15. Closed meeting, pursuant to NRS 241.015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. The Board was in a closed meeting. 16. For Possible Action Discussion and deliberation on conference with legal counsel regarding potential or current litigation presented in closed meeting.

Commissioner Strickland

was not present.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. Richard Goldstein said $800,000.00 to remodel did not take into consideration the inconvenience of the Iwo locations, moving prisoners around, etc. Having both courts in one location was convenient so he wondered why they should be moved. He thought the cost would be over $2 million to do this and he asked the Commissioners to just leave it alone.

Commissioner Strickland

was present and assumed the Chair of the Board of County Commissioners. Justice of the Peace Kent Jasperson thought there was a simple answer. The order on the building was placed by a judge. Whenever someone did not agree with a judge’s order they filed an appeal to the higher court and let that court determine it. That was all that had to be done here and all of this could have been avoided.

Commissioner Cox

said she agreed with the decision made about the judge’s order, but she did not understand the need to move all of these people. She thought the sign December 16, 2021 23. For Possible Action Discussion and deliberation to: 1) Relocate the Fifth Judicial District Departments I and 2, courtrooms and staff from the Ian Deutch Government Complex in Pahrump to the County owned facility located at 250 N. Hwy 160 in Pahrump and from the William P. Beko Justice Complex in Tonopah to the County owned facility located at 1118 Globemallow Ln. in Tonopah; and 2) Establish a timeline-Reopened-Cont’d. could be moved and this could be looked at later. She also felt there was room to expand the Sheriff’s Office.

Sheriff Wehrly

said she put in for an addition to the back and front of her building. They had to move the front office down to the jail in order to service the number of people they had coming in every day, but that was not a good situation, which was why they asked for the addition to the front of the building. Lorina Dellinger advised she had been working with Facilities Director William Allen who was developing the scope of work for a facilities master plan that would go out for REP. Bids would be received, reviewed, and then brought to the Board to award pending cost. The intent of this scope of work was to assess all County-owned facilities and determine its usage and if the space was being effectively used and if not, how it could be, and also provide a plan for growth for 30 years.

Commissioner Strickland

suggested continuing this item until an REP was done.

Commissioner Cox

made a motion to extend this item until an REP came from Buildings and Grounds; seconded by Commissioner Jabbour; 5 yeas. 17. 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. 18. 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. 19. 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 16, 2021 20. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2021 -40: A Resolution Opposing Critical Race Theory in Nye County.

Commissioner Blundo

made a motion to adopt Nye County Resolution No. 2021-40, a resolution opposing Critical Race Theory (CRT) in Nye County; seconded by

Commissioner Carbone

. Tom Waters said CRT was not taught in Nevada so he wondered what the Commission was banning and asked the Board to reject the agenda item as it meant nothing. Joe Burdzinski said he supported the resolution. Niger Innis, chairman of the 79-year old Congress of Racial Equality, which helped lead the fight against segregation in the country, stated they were upset and concerned about what they considered to be a distortion of civil rights, also known as CRT. He said they applauded the Commissioners for their courageous stand. Robert Thomas asked the Commissioners to support Commissioner Blundo’s motion.

Commissioner Blundo

made a motion to accept the AOC grant award for Pahrump Justice Courtrooms A and B; 2) approve the sales contract and agreements between Justice AV Solutions (JAVS) and Nye County for the purchase of audio/video upgrades in Pahrump Justice Courtrooms A and B; 3) execute; and 4) fund $75,440.00 from 10340 Grants and $57,197.00 from 10401 Capital Projects; seconded by Commissioner Carbone; 5 yeas. December 16, 2021 SHERIFF 28. For Possible Action — Discussion and deliberation to: 1) Discuss the bid proposal received for Bid No. 2021 -12 Thermal Imaging Camera System; 2) Award Bid No. 2021 -12 to Maxavision Technologies in the amount of $162,221.50, MS Martin Enterprises, Inc. dba MSM Public Safety in the amount of $198,360.00, or Technology International, Inc., in the amount of $342,345.00; 3) Approve, amend and approve or reiect the contract with selected bidder; 4) Fund from 10234 PSST; or 5) Reject bids and provide direction to staff on how to proceed with the project. At Commissioner Blundo’s request, Captain David Boruchowitz explained this equipment would replace the spotlights on the driver’s side of the patrol vehicles with an LED spotlight. On top of that there was a thermal imaging camera that allowed them to see in the complete dark and look utilizing flare technology.

Commissioner Blundo

said he was concerned about potentially violating someone’s Fourth Amendment right regarding search and seizure as the deputies could scan a house looking for someone. Captain Boruchowitz stated it was not that way. It did not have significant capability to see through walls. It was intended for open spaces and would be used to locate those people who ran out into the desert, got lost in a ravine, and other similar operations. There would also be instances of driving through a dark neighborhood and being able to see someone laying under a car in a driveway who was about to commit a burglary or had just committed a burglary. Captain Boruchowitz thought it would also be useful for the prevention of crime when the deputies were patrolling.

Commissioner Blundo

said he was really concerned about illegal search and seizure. Captain Boruchowitz said they would never do a search with or without the equipment that did not conform to one of the exceptions to the search and seizure rule or getting a warrant.

Commissioner Cox

asked why the spotlights were not sufficient. She pointed out Metro was not using it. Captain Boruchowitz advised Metro flew helicopters and could chase people that way. This was a stop gap short of buying a helicopter if someone took off on foot from a traffic stop and ran into the desert. He noted this was an additional resource on top of the spotlight.

Commissioner Blundo

reiterated he had concerns that he felt were being answered at this time, but people’s rights were important. December 16, 2021 28. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposal received for Bid No. 2021-12 Thermal Imaging Camera System; 2) Award Bid No. 2021-12 to Maxavision Technologies in the amount of $162,221.50, MS Martin Enterprises, Inc. dba MSM Public Safety in the amount of $198,360.00, or Technology International, Inc., in the amount of $342,345.00; 3) Approve, amend and approve or reiect the contract with selected bidder; 4) Fund from 10234 PSST; or 5) Reject bids and provide direction to staff on how to proceed with the proiect-Cont’d. Captain Boruchowitz explained as new technology came out the Sheriff’s Office stayed on top of the caselaw that supported its use. Should caselaw come out that limited the use of these the Sheriff’s Office use of them would be limited as well.

Commissioner Carbone

asked the District Attorney if constitutional rights were being violated by using this system. Chris Arabia stated it was his understanding that this was a powerful light that would not illuminate a closed item, like something that did not have a window. Captain Boruchowitz said it was a thermal imaging camera and it did not go through walls or windows. Fire Chief Scott Lewis said they used the thermal technology to identify downed victims in fires. It did not penetrate windows, glass or walls and was a great tool.

Commissioner Jabbour

asked Chief Lewis how many of these he had, to which Chief Lewis replied three per apparatus which was not affixed to the vehicles like the Sheriff’s Office’s would be. He said they were hand-held devices and he would be happy to bring one in to show the Commissioners.

Commissioner Jabbour

asked if the Sheriff’s Office could call Chief Lewis to borrow one of them. Chief Lewis explained the difference was the Sheriff’s Office cameras were affixed to a vehicle. Captain Boruchowitz added theirs recorded as well.

Mr. Arabia

said there were circumstances where a thermal spotlight could be used in a way that would constitute an illegal search, but there were a lot of legitimate uses for it too. Given how dark it was in a lot of places he suggested the Commission defer to the police as to what could help them.

Commissioner Blundo

made a motion to award Bid No. 2021-12 to Maxavision Technologies in the amount of $162,221.50, approve the contract with the selected December 16, 2021 28. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposal received for Bid No. 2021 -12 Thermal Imaging Camera System; 2) Award Bid No. 2021-12 to Maxavision Technologies in the amount of $162,221.50, MS Martin Enterprises, Inc. dba MSM Public Safety in the amount of $198,360.00, or Technology International, Inc., in the amount of $342,345.00; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund from 10234 PSST; or 5) Reiect bids and provide direction to staff on how to proceed with the proiect-Cont’d. bidder, fund from 12034, PSST, and get the Fire Chief to do show and tell; seconded by

Commissioner Jabbour

. Purchasing and Contracts Administrator Honey Strozzi said she was available in Tonopah for questions. Savannah Rucker explained staff made a recommendation to award to MS Martin Enterprises dba MSM Public Safety in the amount of $198,360.00. She believed Captain Boruchowitz and Mrs. Strozzi could explain why staff selected that vendor. Captain Boruchowitz advised MS Martin included LED spotlights. While the other company was slightly cheaper, it was solely thermal imaging cameras. They were not integrated in the spotlight and they did not integrate into the MDCs. They only operate by way of Wi-Fi and cellular devices, and IT would not allow the installation of all of the devices on the County network. The desire to go with MS Martin was because of the $500.00 LED spotlight with each camera which integrated to the MDCs instead of by Wi-Fi to the phones.

Commissioner Blundo

asked if it was bid properly. Captain Boruchowitz said the company submitted a bid for just the thermal imaging camera and no spotlight, so the bid was not responsive.

Commissioner Blundo

amended his motion to award it to MS Martin Enterprises dba MSM Public Safety in the amount of $198,360.00; Commissioner Jabbour amended his second. Robert Thomas addressed Commissioner Blundo’s concern. A person had to have a reasonable expectation of privacy where he or she was in order to have it be an illegal search and seizure. If they were running in the desert or hiding under a car there was no reasonable expectation of privacy.

Commissioner Blundo

made a motion to approve consent items 11-13; seconded by

Commissioner Cox

; 5 yeas. 12. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in March for Tuesday, March 15, 2022, in Pahrump, NV.

Commissioner Blundo

made a motion to approve consent items 11-13; seconded by

Commissioner Cox

; 5 yeas. 13. For Possible Action —Approval to adopt Nye County Resolution No. 2021-43: A Resolution Directing the Levy of a Special Assessment to Each Water User Situated Within the Confines of the Duckwater Creek Distribution for Fiscal Year 2022-2023.

Commissioner Blundo

made a motion to approve consent items 11-13; seconded by

Commissioner Cox

; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 10. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect the Town of Pahrump Property Use Policy.

Commissioner Blundo

noted the addition of no selling of merchandise and no disruptive noise including but not limited to loudspeakers, megaphones, and loud music. He was concerned that people had shown up wanting to sell merchandise and wondered if that really should be limited. There were people playing music and while he understood the concern, Commissioner Blundo wondered if people playing music at their booth was the same.

Commissioner Cox

was concerned the word loud was vague and wondered if there was a better word to use.

Commissioner Blundo

wanted to make a change on page 4. Where it said all electioneering activities must be approved by the Town Manager 24 hours prior, he December 16, 2021 10. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect the Town of Pahrump Property Use Policy-Cont’d. wanted to remove at least 24 hours prior because if someone made a decision or changed their mind they would be penalized 24 hours.

Commissioner Carbone

explained the reason for the time limit was to ensure there was room for booths. He said nothing happened during electioneering in the last eight years and he wondered what had changed. Tim Sutton said the 24 hours was to allow a chance to review. It was a simple form, but he just wanted to make sure people understood the rules as people had crossed things out or added things in the past. He thought 24 hours was a reasonable amount of time.

Commissioner Blundo

made a motion to amend and adopt removing at least 24 hours prior to activity taking place and include no selling of merchandise and no disruptive noise including but not limited to loudspeakers, megaphones and loud music; seconded by Commissioner Cox. Robert Thomas did not think it was proper for the Commissioners to say no selling of merchandise.

Commissioner Cox

suggested allowing them to sell political items.

Commissioner Strickland

wanted to ask staff to take back both items 10 and 31 as they were not parallel in what they said and she would like them to be like in kind, Item 31 was about County property when it came to electioneering, which read differently and had nothing about set up times or tearing down.

Commissioner Carbone

said the County’s policy had to do with easements, etc., so there was a little difference between the two.

Commissioner Cox

felt if someone wanted to sell items related to their campaign that should be allowed.

Commissioner Blundo

amended his motion to amend and adopt removing at least 24 hours prior to activity taking place, removing no selling of merchandise, and include no disruptive noise including but not limited to loudspeakers, megaphones and loud music;

Commissioner Cox

amended her second; 5 yeas.

Commissioner Blundo

suggested bringing this item back after the next election and ask the candidates how it went. Maria Ziotek was not present. Chris Arabia was not present. December 16, 2021 Deputy District Attorney Michele Nelson was present. SITTING AS THE BOARD OF COUNTY COMMISSIONERS COUNTY MANAGER

Commissioner Blundo

made a motion to amend and adopt removing at least 24 hours prior to activity taking place and including no disruptive noise not limited to loudspeakers, megaphones and loud music; seconded by Commissioner Cox. Sam Merlino advised during the last primary election the Clerk’s Office was actually a polling location because of the all mail ballots. She did not believe there would be that type of emergency again, but it might just be something the Commissioners should keep in mind. Karen Williams asked if the motion also included wording about excluding the selling of merchandise.

Commissioner Blundo

said it was not included.

Commissioner Blundo

made a motion to approve the letter of support sent by the Natural Resources Director to the Bureau of Land Management regarding the TLC Exploration project in Lower Smoky Valley; seconded by Commissioner Jabbour; 5 yeas. PUBLIC ADMINISTRATOR 27. Presentation 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.

Commissioner Carbone

said people had concerns about Dave Stevens and if there were some shenanigans. He wanted to make sure it was taken care of properly as it involved $5 million. December 16, 2021 27. Presentation 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-Cont’d. Public Administrator Ginger Stumne said she was working with the Sheriff’s Office. There were a lot of moving factors and while he did do a trust, nothing was in the name of the trust. She requested the courts take jurisdiction so there was a proper check and balance. CLERK 26. For Possible Action Discussion and deliberation to: 1) Appoint one member to Railroad Valley Advisory Board due to one expiring term from the following list of applicants: Dorothy Bloom; or 2) Readvertise for the appointment.

Commissioner Jabbour

pointed out Dorothy Bloom’s name was in the body, but she was currently a board member, and in the back-up was an application from Carolyn Drayton, who was also a board member. Sam Merlino said she did not review this and would reach out to her staff to find out. Michelle Nelson advised the item would need to come back. 25. For Possible Action Discussion and deliberation to: 1) Appoint three members to the Parks and Recreation Advisory Board due to expiring terms from the following list of applicants: David Harris, Haley Hastie, and Elysia Osterhoudt; or 2) Readvertise for the appointment.

Commissioner Blundo

made a motion to appoint David Harris, Haley Hastie, and Elysia Osterhoudt to the terms to expire January, 2023; seconded by Commissioner Jabbour. Tim Bohannon sad he was in favor of the appointments.

Commissioner Jabbour

made a motion to appoint Douglas Baker, Cindy Kaminski, Randy McLean, Arlene Melton, Allen Metscher, Liese Peterson, and Phyliss Sorhouet to the terms to end January, 2023; seconded by Commissioner Blundo; 5 yeas. December 16, 2021 26. For Possible Action Discussion and deliberation to: 1) Appoint one member to Railroad Valley Advisory Board due to one expiring term from the following list of applicants: Dorothy Bloom; or 2) Readvertise for the appointment-Reopened Sam Merlino advised the applicant was definitely Dorothy Bloom, but the other application was in the back-up. She would get it put back on the agenda. Michelle Nelson said this item had already been discussed and died. It was the District Attorney’s opinion the item should not go forward. COUNTY MANAGER 30. For Possible Action Discussion and deliberation to approve Nye County being a host county for a future Nevada Association of Counties (NACO) annual conference. Lorina Dellinger said this had been discussed during the NACO Board of Directors meeting. Commissioner Strickland mentioned Tonopah specifically and the town board supported hosting. They also met all of NACO’s requirements.

Commissioner Blundo

made a motion to approve Nye County being a host county for NACO for 2023 in Tonopah and start looking at funding; seconded by Commissioner Jabbour. Tim Bohannon said he was very much in favor of the item.

Commissioner Blundo

made a motion to approve the month-to-month lease between the Department of Health and Human Services, Division of Child and Family Services, and Nye County to lease office space located at 2 Frankie Street in Tonopah in the amount of $540.00 per month, execute, and deposit funds into 10291 County Owned Buildings; seconded by Commissioner Jabbour; 5 yeas. December 16, 2021 FINANCE

Commissioner Carbone

made a motion to adopt Resolution No. 2021-46 to amend the 202 1-2022 budget of the Town of Beatty, fund 24704, OPEB trust fund, for $12,000.00; seconded by Commissioner Jabbour; 5 yeas.

Commissioner Carbone

made a motion to approve and execute the agreement; seconded by Commissioner Jabbour; 5 yeas. HUMAN RESOURCES

Commissioner Blundo

believed per caseload the Pahrump Justices of the Peace (JPs) were doing equivalent caseloads to the Las Vegas JPs. He pointed out this would affect the Tonopah and Beatty JPs as well, but he felt the Pahrump JPs deserved more. Tim Sutton explained this action was just setting the minimum salary for incoming JPs. The Commissioners had the ability to raise the existing JPs’ salary, but that would be a separate agenda item.

Commissioner Blundo

suggested $90,000.00. December 16, 2021 39. For Possible Action Discussion and deliberation to set the minimum compensation of the Justices of the Peace elected into office effective Jan uarv 2023 at $78,293.00 annually-Cont’d. Sam Merlino advised she received the judicial statistical report and would be happy to share it with the Commissioners so they could see what the caseload of the justice courts in Nye County was. Lorina Dellinger reminded the Commissioners that in addition to electeds that were part of NRS 245, the Board could consider an increase in salary if they found sufficient resources and the JPs were addressed at that time. NRS 4.04 provided for the Commissioners to increase the salary of sitting JPs. Both Commissioners Carbone and Strickland thought $90,000.00 was high.

Commissioner Carbone

said he would be okay with $80,000.00.

Commissioner Cox

felt if the pay for the JPs was raised then the pay had to be raised for everyone because everyone worked hard.

Commissioner Blundo

asked what Judge Chamlee was making, to which Mrs. Dellinger responded $80,641.86.

Commissioner Blundo

made a motion to set the minimum compensation for JPs elected into office in January, 2023, at $80,641 .86; seconded by Commissioner Carbone. Tim Bohannon asked what the impact on the current budget would be and if that would cause overruns.

Commissioner Strickland

disclosed she worked in close proximity with CivilWise and Strickland Construction hired them often.

Commissioner Blundo

made a motion that 1) the request for qualifications was discussed; 2) accept the response from Civilwise Services, Inc., Farr West, Engineering, Holistic Engineering and Land Management, Inc., or J-U-B Engineering, Inc.; and 3) provide direction to staff to enter into fee negotiations. The project was to be funded from fund 10340, Grants, using the grant award from the U.S. Department of Homeland Security; seconded by Commissioner Carbone. Samantha Tackett thought the purpose of the item was to pick one of the firms.

Commissioner Blundo

withdrew his motion; Commissioner Carbone withdrew his second. Planning Director Brett Waggoner said a scoring system was done and HELM was recommended for award.

Commissioner Blundo

made a motion that the request for qualifications was discussed, the responses were accepted, directed staff to enter into fee negotiations with Holistic Engineering and Land Management, and the project would be funded from 10340 Grants; seconded by Commissioner Carbone.

Commissioner Cox

asked why negotiations instead of bids.

Mr. Waggoner

explained they gave a list of past projects as well as current projects and staff selected who to negotiate with.

Commissioner Cox

said the law was it had to go out to the public if it was over $50,000.00 and asked if that was done.

Mr. Waggoner

said it went through the RFQ process. It was posted, bids were received, the bid opening occurred along with the scoring, and now this was moving forward with the one selected based off of that scoring. December 16, 2021 40. For Possible Action Discussion and deliberation regarding RFQ: 2021-08 Indefinite Delivery, Indefinite Quantity On-Call Professional Civil Engineering Services: 1) Discuss the requests for qualifications proposals received; 2) Accept the response from Civilwise Services, Inc., Farr West, Engineering, Holistic Engineering and Land Management, Inc. (HELM), or J-U-B Engineering, Inc.; and 3) Provide direction to staff to enter into fee negotiations. This project is to be funded from Fund 10340, Grants, using the Grant Award from the U.S. Department of Homeland Security-Cont’d.

Commissioner Cox

did not understand why the lowest bidder was not chosen. Honey Strozzi explained this was a request for qualifications. Based on the law staff could not make a determination on the amount that the contractors submitted. They could only make a determination at this point based off of their qualifications, which was why there was a difference of recommendation.

Commissioner Blundo

made a motion to rescind Board action taken that approved agenda item 40(b) at the March 16, 2021, meeting wherein the Board approved IA- 2020-000021; and 2) approve IA-2020-000021, a subdivision improvement maintenance and warranty agreement; seconded by Commissioner Cox. Brett Waggoner advised there was an item before the Board with the SIA and a final map with a bond amount based off of that map. A review done by NDEP revealed a minor change was needed so the improvement plans had to be corrected which increased the bond amount. Right now two bonds were in place for this so the Board needed to rescind that action to correct the bond amount, which would allow for the release of the original bond.

Commissioner Strickland

disclosed she did work for both companies, but there was no pecuniary interest.

Commissioner Blundo

made a motion to award Bid No. 2021-05 to Morales Construction in the amount of $226,100.00 and fund from 10205 Roads; seconded by

Commissioner Cox

; 5 yeas.

Commissioner Carbone

said this had been an issue for quite a while and they spent the money on something, but not on the roads.

Commissioner Jabbour

asked if the money collected would be turned over to the County along with any equipment purchased with the money.

Mr. DahI

did not believe the interlocal agreement in this item had any mention of equipment, but it did have the relinquishment of any funding they collected over time. Savannah Rucker said the amount was close to $600,000.00.

Commissioner Carbone

made a motion to adopt Nye County Resolution 2021-44; seconded by Commissioner Jabbour. John Koenig stated this was a bad idea. The roads up there were horrible and $600,000.00 would not go that far since it was $1 million to do a mile right. Round Mountain would also expect the County to get the roads done now because it gave the County the money. It would cost the County a lot of money and would take resources from other places that needed roads done as badly as Round Mountain did. Mr. Koenig said it was the town’s fault since it took the money and said it would maintain the roads but did not. He wanted to know where the money went as NRS mandated it was to be used for roads. He felt this needed further investigation before the RTC was put into deficit.

Commissioner Jabbour

withdrew his second for further discussion, information, and investigation.

Mr. DahI

said the roads in Hadley and Round Mountain needed repairs, and he did not know where the funding went. He knew the roads in Hadley had been evaluated and an estimate to repair those roads was given to the Round Mountain Town Board. He believed it was significantly more than the money the town had to turn over. Mr. DahI thought the right thing to do was to take the funds back and develop a program to get those roads in shape. Lorina Dellinger said the Hadley subdivision was the town boundaries.

Commissioner Strickland

thought an assessment needed to be done.

Commissioner Carbone

withdrew his motion and thought the RTC should look at this to see what had to be done.

Mr. DahI

said the subdivision was assessed by a contractor. He asked the town to scope the utilities to make sure there were no failures and they found failures. The December 16, 2021 43. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2021-44-Cont’d. estimate the contractor had given the Town of Round Mountain excluded any additional work to the utilities in the ground.

Commissioner Blundo

thought it should just be a project that needed to be done over time.

Commissioner Strickland

said she would like to have the RTC do an evaluation.

Commissioner Jabbour

said he withdrew his second to have it investigated. He noted work could not be done in the north at this time anyway because of the weather. This item died for lack of a motion. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 9. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject the request for new signaqe at four Pahrump Valley Fire Rescue facilities not to exceed $175,000.00; 2) Fund from the American Rescue Plan Act (ARPA) grant within the Nye County Grants Fund 10340; 3) Grant a one time approval for the Town Manager to approve the contract with the successful bidder following formal procurement; or 4) Provide direction to staff on the project. Fire Chief Scott Lewis explained the electronic display boards were originally slated under the CARES funding. During the course of COVID and other related disasters they learned the communication pieces had been greatly flawed as most wanted visual messages. Everything used was on Highway 160 or the 372 corridor. Using these in fire stations in remote areas of the town was an effective way to get the messages out. Savannah Rucker said if approved by the Board this would fall under the public health component of the ARPA funding.

Commissioner Carbone

made a motion to 1) approve the new signage for the four Pahrump Valley Fire Rescue facilities not to exceed $175,000.00; 2) fund from the American Rescue Plan Act within fund 10340; and 3) grant one-time approval for the Town Manager to approve the contract with the successful bidder; seconded by

Commissioner Blundo

found it interesting that funds were allocated. He asked where this money could come out of.

Mrs. Rucker

advised it could come out of capital if the Board decided to not use ARPA funding. December 16, 2021 9. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject the request for new signaqe at four Pahrump Valley Fire Rescue facilities not to exceed $175,000.00; 2) Fund from the American Rescue Plan Act (ARPA) grant within the Nye County Grants Fund 10340; 3) Grant a one time approval for the Town Manager to approve the contract with the successful bidder following formal procurement; or 4) Provide direction to staff on the project-Cont’d.

Commissioner Blundo

commented this was spending money the County was getting for a luxury item that was not normally budgeted for.

Commissioner Carbone

suggested putting this item on the agenda every other month.

Commissioner Cox

suggested doing it at a specific time or not having it all.

Commissioner Carbone

said the liaisons to the boards could always speak.

Commissioner Blundo

said the committees could provide a written activity report, but he did not see any back-up for this item.

Commissioner Strickland

said she would like this to become a consent item. Samantha Tackett advised it had changed from monthly to quarterly already. She thought this quarter most of the committees went dark for the holidays so they might not have much to report on with the exception of PLAC. She would keep it quarterly and move it under consent, and she would be clearer with the committee when to expect this item to be on the agenda. Tim Bohannon said when the Nye County Parks and Recreation committee got going that it might be good that be a consent item as well. December 16, 2021 SITTING AS THE BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS

Commissioner Blundo

made a motion to accept the restrictive covenant running with the land between Nye County and Jesus Lopez for the property located at 1500 South Red Butte, parcel number 039-651-01, for the purpose of future road improvements to be paid for by the property owner; seconded by Commissioner Carbone; 5 yeas. SENIOR SERVICES

Commissioner Jabbour

made a motion to ratify the County Manager, Tim Sutton’s acceptance of the FFY 2022-2023 Agreement PR393-21-802 from NDOT/FTA §5311 funding for operating expenses in the amount not to exceed $230,124.00 for the purpose of providing transportation to seniors and the general public in Nye County; and 2) fund from 10340 Grants. Matching funds totaling $110,261.00 will be provided through funding with the Aging and Disability Services, as well as revenue from MTM (non-emergency medical transportation) services; seconded by Commissioner Blundo; 5 yeas. GENERAL PUBLIC COMMENT (up to 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 (SECOND). Tim Bohannon mentioned the audit meeting coming up.

Commissioner Carbone

explained an SUP was a special use permit which was very specific and needed to come to the Board for approval. If the people doing the solar were denied, they would still submit an SUP that the Board could accept or deny.

Commissioner Strickland

adjourned the meeting. APPROVED this ATTEST: Of , 2022. Chair N Conty Clerk I Deputy 4 2’ioat Oett C,uie,’.c Asoctat1on .vate 1\eIl OwIIrs p.O. ?3ôx 2073 7a/uAt4m,, /\JZ) 89041 ()e6site: Drop Co m4it: iaiwttn@cuttook.tom AsocjatjOI1 4t6COk: 7sioat /‘O1t Qwn& AoaaEecn “Every Drop Counts” December 16, 2021. Statement by Helene Williams for the Private Well Owners Association. Projects There are a total of 6 projects by the applicant that will affect Basin 162. In a combination of Nye and Clark Counties. 1. Rough Hat Nye County Solar 500MW (Power Technology — — 2. Rough Hat 2- Clark County Solar Project 400MW. 3. Copper Rays Clark County 5,518 acres(?) 700MW. — — — 4. Copper Rays Nye County 5,518 acres(?) 700MW. — — 5. Yellow Pine Clark County —500 MW SOLAR PROJECT. Located 10 miles southeast of Pahrump. Study by SWCA Environmental Consultants, June 2016 states ‘Water Supply to be Determined”. Page 23 states 4.1 line 9, “panel washing’. Page 244.2 line 5 states that Panel washing “the demand for water to wash the panels is approx. 50,000 gallons per day” —4 times per year. 200,000 gallons per year approx. (YPSP YELLOW PINE SOLAR PROJECT). Water Use 4.3 “will be approx. 600-acre feet over 18 months period”(see attached). To clean the PV modules four times per year is estimated to be about 25- acre feet per year, depending on site events and conditions. “Based on the anticipated uses, the estimated quantity of water needed for operation of the YPSP will be approximately 25 AFY.” 6. Sagittarius Nye & Clark 4,300 acres, 400 MW -building right next — — to the approved Yellow Pine Sola Project all the way to the California Border. ATfACHMENT 1 4, ALL PROJECT DRAW WATER FROM PAHRUMPS BASIN 162 ONLY Total megawatts all six project that would draw water from Basin 162. Rough Hat Nye County 500 megawatts — — Rough Hat 2 Clark County 400 megawatts — — Copper Rays Clark County 700 megawatts — — Copper Rays Nye County 700 megawatts - — Yellow Stone Clark County 500 megawatts — — Sagittarius Nye & Clark County 400 megawatts TOTAL 3,900 megawatts. TOTAL WATER USE FOR ALL PROJECTS OVER EACH 18 MONTHS, per project according to the Yellow Pine Solar Plan of Development by SWCA Environmental Consultants June 16, 2016 “Water Use Page 24 states (see attached) “The total water usage during construction will be approximately 600-acre feet over an 18-month period.” Using figures estimated by the developer 600-acre feet (updated recently to 800-acre feet) times 6 projects would be 4,800-acre feet of water from Basin 162 over the construction of these projects, plus 25- acre feet per year for the life of the project to clean the PV Modules times 6 (150-acre feet) totaling 4,950-acre feet (if started in the same year, a single project would draw 825-acre feet in first year.) It is estimated in the Pahrump Basin 162 Groundwater Management Plan version February 2018 Figure 3 “Adjustment of over allocation of recharge and over dedication of water rights is at a 6,600-acre feet deficit. Basin 162 cannot withstand an additional 4,800-acre feet withdrawal for the development of these 6 projects, and 150-acre feet annually for PV Module cleaning of these same 6 projects’ life. Therefore, the Private Well Owners Association requests that all these projects be denied due to the devastating impact they all would have on our Groundwater Basin 162. PAHRUMPS ONLY WATER DRINKING SUPPLY (which includes not only / private wells, but all utilities.) I request my statement be written into the record. Yellow Pine Solar Plan of Development Prepared for Yellow Pine Solar, LLC Prepared by SWCA Environmental Consultants June 2016 4.3 Water Use and Waste Management 4.3.1 Water Use The Applicant is exploring options to buy commercial water or purchase or lease existing water rights and construct a new well. Initial construction water usage will be in support of site preparation and grading activities. During earthwork for the grading of access roads, foundations, equipment pads, and YPSP components, the main use of water will be for compaction and dust control. Smaller quantities will be required for preparation of the concrete required for foundations and other minor uses. Subsequent to the earthwork activities, water usage will be in support of dust suppression and normal construction water requirements that are associated with construction of the building, substation, internal access roads, and solar arrays. The total water usage during construction will be approximately 600 acre feet over an 18-month period. The PV technology proposed for the YPSP does not require water for the generation of electricity. During operations, water use will be limited primarily to PV array washing with the potential for periodic dust control and maintenance applications. Drinking (potable) water will be supplied for workers on-site, and is estimated to be approximately 300 gallons per month varying seasonally and by work activities. The amount of water required to clean the PV modules four times per year is estimated to be about 8 million gallons per year, approximately 25 acre feet per year (AFY). Depending on site events and conditions, the cleaning frequency may be less. The water used for module cleaning is not anticipated to require disposal due to the extremely high evaporation rate at the site. Based on the anticipated uses, the estimated quantity of water needed for operation of the YPSP will be approximately 25 AFY. This assumes no generation of wastewater on-site that would require treatment. 24