April 5, 2022

Commissioner Blundo

asked that the VEA letter move forward. He also wanted to invite VEA and have the District Attorney’s Office look at the misrepresentations VEA had made. He referred to the show cause hearing a month ago and said he had not received any documents committed to the Board in the show cause hearing under oath from Mr. Connor or Mr. Singer. They provided a two week update to the CCB as well and he had not seen that either. Commissioner Blundo said he would like to look at the situation as there was a statute in the Code that could impose fines and that avenue may need to be looked at.

Commissioner Strickland

said this Saturday the Soroptimist International Pahrump Valley would host the women’s health fair at Nye Communities Coalition.

Commissioner Jabbour

stated on Saturday from 1:00 p.m. to 3:00 p.m. J.G. Johnson would host the first cotillion.

Commissioner Carbone

advised a Purple Heart Day Ceremony would be on August 7, 2022, at Tecopa Cemetery from 6:00 p.m. to 7:00 p.m., and the veterans festival extravaganza would be on Saturday, April 11, 2022, at the Pahrump Nugget from 11:00 a.m. to 3:00 p.m. Chris Arabia thanked Brad Richardson for his work on the opioid settlement issue. He then advised the first fentanyl murder case was filed recently. He hoped to make good use of the money from the settlement and that it would discourage people from dealing with pills. He also thanked Maria Zlotek, Michelle Nelson and Mr. Richardson for working so hard to answer the public records requests. Regarding the triple fatal DUI,

Mr. Arabia

said he was aware of the article and had spoken to the victims’ families April 5, 2022 3. Commissioners’IManager’s Comments (This item limited to announcements or topic/issues proposed for future workshopslagendas)-Cont’d. many times. He had no idea at this point what would happen, but they would be careful about it. He then thank John Friel in the Tonopah office who negotiated a sexual offense yesterday prior to the preliminary hearing and the defendant was getting a life sentence. Emergency Management Director Scott Lewis reminded everyone about the Baker to Vegas run this weekend. Traffic patterns would be altered and people should use due caution. Assessor Sheree Stringer said there would be a meet and greet in Beatty from 1:00 p.m. 3:00 p.m. at the Burro Inn.

Commissioner Strickland

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

Commissioner Carbone

opened the public hearing. Sam Merlino advised notice was sent on March 16, 2022, with the first attempted delivery on March 18, 2022, and it had not been returned. Alvaro Cano and his interpreter were sworn in by the Clerk. Laurie Wilson was sworn in by the Clerk. Ms. Wilson said she and the surrounding neighbors felt very strongly that Mr. Cano was running an unlicensed, unpermitted commercial feed lot in a residential neighborhood. Mr. Cano’s property had small pens of less than half an acre on the back of it with 30 to 50 livestock (heifers, cows, bulls, sheep, goats, pigs, roosters, chicken and quail) and that was according to his own advertisement on Craig’s List. A refrigerated truck was also parked in front of the house for 24 hours. One neighbor had witnessed a lot of traffic at the home and had seen cash exchanged. Bones had been discovered surrounding or near the property with clean cuts, and one of the bones still had pink on it, which to Ms. Wilson showed something was being slaughtered there. She talked about the health concerns, among which were the wells that everyone had, ravens, rodents, and flies, and the odor was so bad the neighbors had lost the ability to enjoy their homes. Ms. Wilson stated this was a nuisance and the feed lot should be stopped with a cease and desist order, the livestock needed to be removed, and the property needed to be remediated. She also wanted Mr. Cano’s well tested and if contaminated he should pay for all the wells around the property to be tested and then remediated. Another problem was zoning.

Ms. Wilson

pointed out the original deed restrictions of Calvada Estates said it was an RE-2, so people could have a couple of horses, and then it was changed to RE-i when the developer went defunct. She said she bought thinking that was the case, but RE-I allowed pig on top of pig, cow on top of cow, etc. She asked for that to be changed as it was irresponsible.

Mr. Cano’s

interpreter confirmed he understood what was said. Jane Wheeler was sworn in by the Clerk. Ms. Wheeler said sometime in February, 2022, she filed a complaint. She had also talked to Commissioner Blundo and Ms. Wilson. She stated Mr. Cano had a feed lot, and the block and tackle indicated butchering along with the refrigerator, as did fresh bones carried by ravens. A normal household of five people could not consume half a cow in a year. Mr. Cano was selling his livestock, so it was a feed lot. Ms. Wheeler stated she could not sit on her patio because of the flies and the amount of manure, and she was sure the values of property in the neighborhood were affected by this. She thought it was inhumane to have that April 5, 2022 8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 1130 China Street, Pahrump, Nevada-Cont’d. many animals crammed into that area. She also felt the ordinances for Pahrump needed to change. Since it was growing an ordinance was needed to limit how much livestock could be on the property. James Hatch was sworn in by the Clerk. He said he lived directly across the road from the property and could not enjoy his backyard anymore because of the smell and the flies. He had also caught rats and mice with live traps. He said he listed his house for sale because he could no longer enjoy his property. Tim Kelly was sworn in by the Clerk. He said he did water testing for many years and there were several wells within 60 feet of this feed lot. A cow put out about 80 pounds of fecal material in a day, and with the amount of animals there it would be over three tons of fecal material per week, which was not a healthy situation. Mr. Kelly said he did not live super close, but he walked that neighborhood and it stunk and as the weather warmed up it would get worse. His main concern was the health issue in the water table. There was no mitigation he could see to keep run off from neighboring properties. Mr. Kelly asked the Board to address the issue and determine how much livestock should be on a one acre lot in a residential area. Reginald Knight was sworn in by the Clerk. His main concern was seepage into the aquifer. If it got into the aquifer the entire town would be affected. Bob Young was sworn in by the Clerk. He lived just down the street from China on River Plate. He referred to his letter to the Commission dated February 26, 2022. He was opposed to a feed lot in his neighborhood for the reasons given this morning.

Commissioner Carbone

thought Mr. Young sent an e-mail. He asked if that could be provided to the Board for a motion to accept the back-up and documentation. Maria Ziotek advised the Board could take a break, request the e-mail be retrieved, and then accept it through a motion as part of the record. Tim Sutton suggested waiting until the property owner came up since they may have additional documents and it could be done all at once.

Commissioner Carbone

asked for a motion to accept the documentation available today.

Commissioner Blundo

made a motion to accept the back-up; seconded by

Commissioner Cox

; 5 yeas. April 5, 2022 8. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 1130 China Street, Pahrump, Nevada-Cont’d. Through his interpreter Mr. Cano stated he needed some time to fix some things around the house.

Commissioner Carbone

asked if Mr. Cano understood all the issues discussed.

Mr. Cano’s

interpreter confirmed he did.

Commissioner Blundo

said there were a lot of concerns including burning and disposing of fecal matter. Through his interpreter Mr. Cano said he did not burn the feces and just needed time to get some evidence.

Commissioner Strickland

asked what that meant. Through his interpreter Mr. Cano said he wanted to get the wells tested. He also had a contractor that exterminated the flies and he would get with the contractor as well.

Commissioner Blundo

asked if Mr. Cano had seen the Craig’s List ad. Through his interpreter Mr. Cano advised his son posted the ad without his consent when he heard about the problem with Ms. Wilson.

Commissioner Blundo

asked Mr. Cano if he was operating a commercial business on the property.

Mr. Cano

stated no and asked if he could butcher his cows for self-consumption.

Commissioner Carbone

advised NRS 501 stated if he was doing that for his own consumption it was fine. Planning Director Brett Waggoner was sworn in by the Clerk. He confirmed that Mr. Cano could do it for subsistence farming to feed his family. He could not do it commercially or sell the meat.

Commissioner Blundo

asked if there was a process to convert a domestic well into a commercial well on a residential property

Mr. Waggoner

said there was, but it would require commercial water rights as well as a commercial septic system. April 5, 2022 8. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 1130 China Street, Pahrump, Nevada-Cont’d. When talking about family, Commissioner Strickland asked if it was the immediate family within the household only and not extended family.

Mr. Waggoner

said that was correct. It was for the family residing on that property, but he did not know how they would regulate if they gave meat or vegetables from the property to family members.

Commissioner Strickland

felt the well had to be using more than the two acre feet allocated for domestic use. With that much livestock the consumption was greater than the original intent. At that point the Division of Water Resources mandated a meter and the purchase of water rights, which might be what Mr. Cano ran into next.

Mr. Waggoner

stated the property was not zoned for that type of an operation regardless. Mr. Cano would obviously require a zone change, which would not be feasible with the spot zoning nature of the property. Additionally, it would require a business license and Mr. Waggoner knew at this point there was no license on the property for any type of home-based business. Through his interpreter Mr. Cano stated he had a license in Las Vegas and if needed he would get one here, although he did not want to sell animals.

Commissioner Strickland

asked if Mr. Cano had a commercial license in Las Vegas to butcher animals. Through his interpreter Mr. Cano said to sell like in a retail store, not to butcher.

Commissioner Cox

asked if Mr. Cano had at this time, or ever, butchered and sold animals or meat from the property or used them in his commercial business in Las Vegas. Through his interpreter Mr. Cano said no.

Commissioner Cox

asked if any money was exchanged outside of his family. Through his interpreter Mr. Cano responded no. He also clarified the piles were not feces. They had taken down the trees and they did not even have any animals at that time. As to the refrigerated trailer, Mr. Cano stated it was parked for five days across the street from their property during the holiday season and it was that person’s trailer.

Ms. Wilson

said it was the Schulers’ property and it was not theirs or Mr. Hatch’s. She did not know why anyone would have a refrigerated tractor trailer sitting in front of their April 5, 2022 8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 1130 China Street, Pahrump, Nevada-Cont’d. house. She saw it for 24 hours, but others had said it had been there for a while, although it had not been back.

Commissioner Jabbour

asked if CC&Rs were established in this neighborhood.

Commissioner Strickland

advised deed restrictions were established at the time of subdividing of lots on Preferred Equities properties known as Calvada. They expired after 25 years. A master plan had been developed and planning and zoning was now on those properties.

Commissioner Cox

asked if Title 1 7 already established how many animals could be on a certain sized lot.

Mr. Waggoner

said no. The only regulations in the zoning code regarding animals as far as amounts were for dogs and cats.

Commissioner Cox

thought that needed to be addressed. Through his interpreter Mr. Cano said when they came to Pahrump they asked where they were able to have animals and no one said it was an issue. Sandra Nelson said in the summer the smell was pretty bad. It had always been a housing development and she asked the Board to fix the zoning. Karen Diaz said Mr. Cano was her father and she was upset by what she heard. They were a very large family and he did not mean to make everyone angry. Things could be fixed if there was communication and when Mr. Cano was not around the family was there. She asked the Board to take that into consideration Diana Stegeman said she was a neighbor to the property on China. In August, 2021, she received complaints from neighbors that it was her property that smelled and brought flies, rats, etc. She stated there were rats in the neighborhood because the neighborhood was growing; the flies had been around since the flood; coyotes were running around the area; the smell was no different than anywhere else in Pahrump; and she had seen worse properties in Pahrump with more animals on smaller lots. Ms. Stegeman had the same concern about the well, but Mr. Cano said he was trying to take care of his family and that was what people came here to do. Addressing the zoning and limiting what people could do would make people not want to move here. Elaine Coins said there were CC&Rs when she purchased her property in 1985, but what had happened since then was unacceptable. Last summer she came home from vacation and when she walked someone asked her if she saw the big horn cattle her AprU 5, 2022 8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 1130 China Street, Pahrump, Nevada-Cont’d. neighbor had. Ms. Goins was astounded to find a herd of cattle along with all kinds of other animals on an acre and a quarter. To have that many animals in the backyard was unbelievable. Diane Holguin-Brooks said there were restrictions on dogs and cats, but there were no restrictions on livestock so the gentleman was within his rights to do what he was doing.

Mr. Cano

seemed amicable enough to want to work with the Board and the community to rectify the issues and that should be taken into consideration as well as the zoning issue. She was totally against witch hunts of any kind. Jim Cleary said he knew Mr. Cano and his family since they moved in. He pointed out there were other people in the neighborhood that had a high number of animals that were not mentioned today. He knew Mr. Cano was willing to work with the Board and the community to make changes to accommodate the neighborhood. Mr. Cleary said he did not get any smell, increased rodents, or anything like that and no one in his home was sick. He talked to Mr. Cano recently about helping him to clean up the property, and he was also the one who demolished the trees before Mr. Cano ever had animals so there were no piles of manure. Additionally, the truck parked in a driveway across the street was next to one of the testifier’s homes during the holiday season. John Bosta believed this subdivision was called Calvada Ranchettes and people were allowed to have two horses or a horse and a cow. An issue came up regarding a young lady who lived in the neighborhood riding her horse on the trail in the ranchette and the decision was made she could no longer ride the horse in the neighborhood. Mr. Bosta felt the Board needed to take a look at the history of this property as it was originally for people who had horses to ride on that trail. John Fesnock said he was concerned about the water issue, but he also had issues with the smell, particularly in the summer. He invited the Commissioners on a day the wind was right to check it out. As to zoning and the number of animals allowed, there was an old saying the only thing constant was change. Pahrump, in particular Calvada Estates, was no longer part of the ranch land. The Commissioners needed to look to the future of people living close together, control the issues of everyone’s property, and work as a team.

Commissioner Strickland

asked that the resolution be revised to strike the refrigeration truck reference in item 4 and have it read farm animals were being slaughtered on the property by using the huge chain hoist located to the rear of the property. Having considered all proofs offered to establish or controvert the facts set forth in the complaint, Commissioner Blundo made a motion to find that there was a public nuisance and amend and adopt Resolution No. 2022-07 striking line 14, item 4, April 5, 2022 8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 1130 China Street, Pahrump, Nevada-Cont’d. discussion of the refrigerated truck as previously stated by Commissioner Strickland, and the owner of the property was ordered to abate the nuisance in 90 days given the willingness shown; seconded by Commissioner Strickland.

Commissioner Blundo

stated Mr. Cano needed to abate the rodent situation, so a professional exterminator needed to be brought in; abate the flies with a professional exterminator; the property could not be used as a commercial feed lot; and meat may be consumed for personal use only.

Commissioner Carbone

asked if that needed to be part of the resolution.

Ms. Zlotek

said no, but she asked that the commercial portion be stricken.

Commissioner Blundo

said that the manure and fecal material needed to be cleared in a professional manner to avoid the flies. As to the well, Commissioner Blundo asked Mr. Cano to test his well as that could help ease the neighbors’ concerns.

Commissioner Ccx

thought it needed to be inspected by Animal Control now and then over the 90 days to see if they could determine any changes.

Mr. Waggoner

believed Animal Control was out there in the last two to three weeks and looked for animal welfare.

Commissioner Cox

felt this would be animal welfare as the neighbors were complaining there were too many animals in a pen.

Ms. Zlotek

cautioned there was a motion that clearly stated the resolution and the issues to be abated as directed by NRS. The issue regarding Animal Control and inspections was beyond and not relevant to the nuisance and it should not be addressed in this proceeding. Any additional amendments to the resolution would be fine, but the Animal Control and welfare issue was not part of this proceeding.

Commissioner Jabbour

said it was all about health and safety and he believed Mr. Cane and his family understood that. Contamination of any kind was seriously dangerous so

Mr. Cano’s

cooperation was greatly appreciated. Having considered all proofs offered to establish or controvert the facts set forth in the complaint, the motion to find that there was a public nuisance and amend and adopt Resolution No. 2022-07 striking line 14, item 4, discussion of the refrigerated truck as previously stated by Commissioner Strickland, and the owner of the property was ordered to abate the nuisance in 90 days given the willingness shown, passed with 5 yeas. April 5, 2022 The Board was in recess until 1:35 p.m. Chris Arabia was not present.

Commissioner Cox

was not present at this time. FINANCE

Commissioner Strickland

asked when the COVID money was injected.

Mrs. Rucker

said in FY21, which was the outlier that drove the change in metrics for FY22 and FY23.

Commissioner Blundo

wanted to know what the numbers would be less the $1 .969 million as he did not feel that number was relevant to this conversation since it skewed the numbers.

Mrs. Rucker

said she agreed, but it was part of the audited financials and the purpose of this item was to present those, the forecast, and then the budget for FY23. She then discussed the expenditures. In FY23 they anticipated an $8.3 million total expenditure budget, an 11 % increase from the prior fiscal year. She identified utilities were still being paid out of the County general fund and would be moved to the jail fund. For salaries and wages, there were collective bargaining agreements and longevity to be considered, and there was an expected increase in healthcare costs as well as PERS.

Mrs. Rucker

said there was a challenging start breaking down the expenses as to which departments were impacted and should be charged to this fund so there was a wide swing in FY22 for services/supplies under Administration. FY22 was forecasted to end the year under budget with about $131,000.00 remaining, and FY21 ended $450,000 under budget, which was what the State looked at. Mrs. Rucker stated there were no budgetary issues associated with this fund at all.

Commissioner Blundo

asked if the $1 .969 million affected the expenditures page. April 5, 2022 31. For Possible Action Discussion and deliberation regarding the budget status through February Fiscal Year 2022 and future projections for the Nye County Jail Fund 10236-Cont’d.

Mrs. Rucker

said there were expenditures realized in that fund, so yes. The grant revenue receipted into FY21 was an expense realized in that same fiscal year.

Commissioner Blundo

wanted to see an accurate portrayal of what was going on in the jail fund. He thought since the $1 .969 million was washed through and not utilized there was a remaining fund balance of $1 .9 million.

Mrs. Rucker

explained the grant revenues were received, which offset the expenses, and the remaining funding was moved to the CRP program as approved by the Board. Those expenses were incurred for operations for the jail and on this page it was not an outlier like it was for revenues.

Commissioner Blundo

said they had $1 .9 million in excess expenditures.

Mrs. Rucker

said no. The ending fund balance of the jail fund was reduced by $1 .9 million to create the CRP funding in the grant fund, was expensed for jail operations, and left that fund with no ending fund balance.

Commissioner Carbone

commented if that influx of cash did not come from the CARES money the County would be in trouble with this fund.

Mrs. Rucker

said no. The funding came in and was offset by the operational expenses, and the transfer out created the CRP funding for a net zero impact to this fund. Turning to the excess (deficiency) of revenue over expenditures before subsidy graph, Mrs. Rucker said taking the revenues generated less the expenditures was where the FY23 deficit of $5.7 million came in. The ICE contract did not provide enough funding to support all jail operations, which had been the case in prior years as well. The subsidy in FY22 was $4.8 million, in FY21 it was $1 .6 million, and the subsidy in FY20 was $3.7 million. The jail was operated out of the general fund for the Town of Pahrump, and Tonopah was not open for business, which created a lot of complex issues for the Sheriff’s Office. When the jail fund was created that subsidy to operate the Pahrump jail went into the jail fund as she was directed to do. The subsidy increased year over year due to the increased cost of doing business.

Mrs. Rucker

then discussed the ICE contract revenue and Tonopah jail expenses. Year over year the Sheriff’s Office had been able to operate the Tonopah jail fund, which was closed prior to FYi 5 due to lack of funding. The Sheriff’s Office had opened the Tonopah jail with zero impact to the taxpayers. Prior to the jail reopening there were some pretty significant operational issues for the courts in Tonopah and the Sheriff’s Office. In FY23 Mrs. Rucker expected the Tonopah jail expenditures to increase due to April 5, 2022 31. For Possible Action Discussion and deliberation regarding the budget status through February Fiscal Year 2022 and future projections for the Nye County Jail Fund 10236-Cont’d. contractual obligations, so the budget was about $433,000.00 shy based on the current forecast, which could change. Costs were increasing, but the contract looked to be level in FY23. Debt service was also being paid out of the capital fund and there were some substantial deferred maintenance on the Tonopah and Pahrump jails that was not incurred in this fund.

Commissioner Blundo

stated there were a lot of promises and representations made by Captain David Boruchowitz when he brought this contract to the Board. Commissioner Blundo wanted his thoughts and opinion as well as an ultimate explanation of what was going on. Captain Boruchowitz stated the report was exactly what was projected to the Commissioners in 2019. Obviously in year two of the contract they hoped to be back in front of the Board for the expansion into phase two to build the new wing, which would have brought in more inmates and paid for the whole jail fund, but with COVID and the change in the political climate related to ICE they were status quo for the year one projection. If it stayed that way forever, Captain Boruchowitz advised it provided 60 new positions at no cost to the County, reopened the Tonopah jail, brought mental and medical health services to both facilities, and brought in B&G and IT positions at no cost to the taxpayers. There was still hope at some point to be in front of the Board for phase two, but the reality was under the current climate coming out of COVID Captain Boruchowitz did not really know when that would happen. He said they were working with the U.S. Marshals to incorporate them into phase two.

Sheriff Wehrly

advised the contract with the U.S. Marshals Office was in Washington, D.C., waiting to be approved.

Commissioner Blundo

stated the jail fund had not absorbed the bond payment. Captain Boruchowitz advised it would not have been expected to until phase two as the Board was told.

Commissioner Blundo

asked if he was aware the fund was $431,000.00 upside down right now.

Mrs. Rucker

explained that was comparing ICE contract revenues to Tonopah jail expenses solely and was an accurate number.

Sheriff Wehrly

reminded the Board in March, 201 5, the jail was shut down because the Nye County Sheriff’s Office needed to come up with $980,000.00 to pay the County back for things that had not been done prior to her term. That was done and they did not lose any deputies, although they did lose other staff. April 5, 2022 31. For Possible Action Discussion and deliberation regarding the budget status through February Fiscal Year 2022 and future projections for the Nye County Jail Fund 10236-Cont’d. Captain Boruchowitz said they had some Tonopah expenses prior to the ICE contract. There were still four positions maintained as well as the electric bill and things of that nature in that facility. He still asserted as everyone planned it was right where it needed to be. The jail was safe with good staffing as well as mental and medical health services for the inmates at almost no cost to the taxpayers. If there was a $400,000.00 hole in Tonopah they would have to look at that.

Commissioner Blundo

asked about the subsidy from the general fund of $2.5 million. Captain Boruchowitz explained that was the plan all along. The jail fund used to reside in the general fund. The ICE contract as presented was never going to absorb the pre existing costs in the first phase, just the costs in that phase.

Commissioner Blundo

expressed his concerns that the folks from Pahrump were shuttled to Tonopah. He asked if ICE inmates were being prioritized over the citizens. Captain Boruchowitz said that was discussed the first time and nothing had changed. People did not get to see the inmates in person in Pahrump either. They saw the inmates the same way and got the same amount of visits, and they were transported to Pahrump when released.

Commissioner Cox

asked why prisoners were being transported from Pahrump to Tonopah. Captain Boruchowitz said to have the beds to make the money off of; otherwise, they would have to transport ICE inmates to Tonopah which came with several issues. The way it was being done was logistically more sound.

Commissioner Cox

wondered if a lot of money was being spent bringing them back and forth. Captain Boruchowitz advised more transports were being done when the Tonopah jail was closed then now. The Sheriff’s Office did the transports and scheduled them based on upcoming court appearances so it was done in batches. They also try to prioritize the people who were long-term if they could go to Tonopah. The thing to remember was those costs were one of those things that was built into the ICE proposal knowing there would be some additional expenses with that, but with the offset of the $2.5 million or roughly $500,000.00 or $800,000.00 a year in transportation costs that ICE paid, the $3 million revenue to have all of the positions that afforded better safety in the jails was where they had balanced a little of those extra transports would be absorbed. There were 90 beds for ICE in Pahrump and the overflow of inmates were transported to Tonopah. April 5, 2022 31. For Possible Action Discussion and deliberation regarding the budget status through February Fiscal Year 2022 and future projections for the Nye County Jail Fund 10236-Cont’d.

Commissioner Jabbour

asked who the mental health facilitator for the jail in Tonopah was. Captain Boruchowitz said it was all through Serenity Mental Health.

Commissioner Jabbour

noted Serenity was in Tonopah and pulled out abruptly. He asked when they came back. Captain Boruchowitz said Serenity had been in the jail continuously during this time. When the Board was approached they promised to provide services in the lobby, and they made good on that promise, but concerns at the County level were liability and letting one company provide that service over another. Serenity never left that jail, but there was something relating to liability in the County and they vacated the lobby when they were told. Tim Sutton said that was an accurate statement.

Commissioner Strickland

said she heard a while back there was trouble on the horizon for CCA because the privatization of jails was going away. She asked if that was still going to occur. Captain Boruchowitz said there was a timeline set by the President relating to that, so there was still time, and that was why the Sheriff was talking with the U.S. Marshals Office.

Sheriff Wehrly

said it was three-year timeline. TIMED ITEMS 9. 10:00 a.m. For Possible Action Public Hearing on results of Public Works identification and determination of improved roads and streets maintained by Nye County as of December 31, 2021, for the purposes of compliance with Nevada Revised Statutes Chapter 365.550 Paragraph 8 regarding Proceeds of Tax Levied pursuant to NRS 365.180; and other matters properly related thereto. Assistant Public Works Director Tom Boiling explained this was a yearly item sent to the State in order to receive tax money for roads.

Commissioner Carbone

opened the public hearing. John Bosta asked that his written comments be included in the minutes [see Attachment A]. The list did not contain Spring Mountain Road, which passed through the Ash April 5, 2022 9. 10:00 a.m. For Possible Action Public Hearing on results of Public Works — — identification and determination of improved roads and streets maintained by Nye County as of December 31, 2021, for the purposes of compliance with Nevada Revised Statutes Chapter 365.550 Paragraph 8 regarding Proceeds of Tax Levied pursuant to NRS 365.180 and other matters properly related thereto-Cont’d. Meadows Refuge. He asked the Board to add it to the summary of roads maintained by the County as of December 31, 2021. Victor Fuentes, owner of Patch of Heaven Camp in Ash Meadows, said their road had needed repair for years and in dealing with Fish and Wildlife there was always a question of who was in charge of maintaining it. He asked the Board to look at the refuge and make that determination as he believed it was the responsibility of the refuge.

Commissioner Carbone

closed the public hearing.

Commissioner BLundo

made a motion to accept the results of Public Works identifying and determining the approved roads and streets maintained by Nye County as of December 31, 2021, for the purpose of compliance with NRS 365.550(8); seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

asked Mr. BoIling to get with Amargosa to see if the roads mentioned were on the list and talk with Mr. Fuentes as well.

Commissioner Carbone

opened and closed the public hearing. AprU 5, 2022 10. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Resolution No. 2022-09: A Resolution to Augment and Amend the 2021 -2022 Budget of Nye County, State of Nevada-Cont’d.

Commissioner Blundo

made a motion to adopt Nye County Resolution No. 2022-09; seconded by Commissioner Strickland; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Biundo

assumed the Chair of the Board of Highway Commissioners. 11. 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. Tom Boiling informed the Board that as of April 6, 2021, there were 28 on-line requests and as of today there were only 19. He then provided updates on the activities of the crews in the County and the various projects. He said they had inspected Belmont Road and would bring an item forward to determine a way to fix it as it was deteriorating and unsafe.

Commissioner Jabbour

said the County may want to consider giving the road back to the State.

Mr. Boiling

said he heard today funding was received from Fish and Wildlife to pave it the first time, but the County needed to start looking for ways to do that.

Commissioner Jabbour

was concerned tourists and visitors would have no idea about the condition of the road.

Mr. Boiling

advised permanent signs would be put up until it could be addressed.

Commissioner Cox

asked if the County had a roller that actually rolled the pavement after the crack seal was done because the crack seal kept coming up.

Mr. Boiling

explained the crack seal was not rolled because it would stick to the drum and be pulled up. He said what Commissioner Cox was feeling was the crack, not the crack seal itself, and the sound was just the tire hitting the crack seal.

Commissioner Cox

asked Mr. Boiling to take a look at the crack seal on Huracan and Pahrump Valley as the whole road was covered with crack seal and it was terrible. She advised she had been getting complaints about the utilities lines on Winery Road and where the road was cut. She asked Mr. Boiling to see if it could be backfilled as she thought they were sinking. There were also some potholes that could be filled there and April 5, 2022 11. 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. the sides of the road were crumbling. Commissioner Cox asked to have the gravel swept off at the corner of Deerskin and Unicorn because it was causing vehicles to slide. She then asked if more solar streetlights were being done on more corners because she saw something in the budget about getting more money. She was concerned about it as there was an ordinance that said Nye was a low-light county and now bright streetlights were being put up on all the corners. She asked Mr. BoIling if he had mapping or something that showed what corners were going to be done.

Mr. BoIling

said eventually every intersection would be done, which would take a few years. He explained the streetlights approved were dark sky compliant, not dark sky certified.

Commissioner Cox

asked him to not put one of those lights on her corner.

Commissioner Blundo

encouraged the public to go on-line and submit the form with any questions or concerns. John Bosta asked that his written comments be included in the minutes [see Attachment 2]. The maintenance of roads in Amargosa on page 7 of the report did not include the maintenance of roads for landowners residing within the boundary of the Ash Meadows Refuge pursuant to the cooperative agreement between U.S. Fish and Wildlife and Nye County dated May 30, 1 989. The road must be maintained so that the fire trucks and other equipment could get to the land and structures in Ash Meadows safely. Ammie Nelson asked about the 35 mph speed limits versus the 45 mph speed limits. On Barney toward Highway 372 everything was 45 mph except for a small space of 35 mph. She also talked about a pothole that kept reoccurring off of Postal Road and Mount Charleston. Victor Fuentes said he had a list of the towns where the roads were being worked on and asked what outside meant. He said he asked because of the lawsuit he had with Fish and Wildlife. He went to the Tonopah archive and found nothing on his property. One day his wife found one of the books that said outside and the information for his land was in that book. Misha Allen thanked the Board for paying attention to the Belmont Road. She was also worried about tourists traveling at night and the loss of life that could come from that.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. April 5, 2022 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 12. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposal received for Bid No. 2022-01 Pahrump Valley Fire Rescue Signage; 2) Award Bid No. 2022-01 to Blink Marketing, Inc. DBA Blink Signs in the amount of $172,248.40; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund from 10340 Grants; or 5) Reject bid and provide direction to staff on how to proceed with the prolect.

Commissioner Strickland

made a motion to award Bid No. 2022-01 to Blink Marketing, Inc., in the amount of $172,248.40, approve the contract, and fund from 10340 Grants; seconded by Commissioner Jabbour; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY MANHATTAN 13. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Town of Manhattan Resolution No. 2022-01: A Resolution to Augment and Amend the 2021 -2022 budget of the Town of Manhattan, County of Nye, State of Nevada.

Commissioner Carbone

opened the public hearing. Savannah Rucker explained this was an augment request for the Town of Manhattan. Additional funds were not found. It was just conservative budgeting for the beginning fund balance in FY22. These funds would help deal with the operations associated with the Manhattan water utility. Public Works was arranging a rate study for that system and in the interim the Manhattan general fund provided a subsidy to the Manhattan water fund.

Commissioner Carbone

closed the public hearing.

Commissioner Jabbour

made a motion to adopt the Town of Manhattan Resolution No. 2022-01; seconded by Commissioner Strickland: 5 yeas. April 5, 2022 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. 14. For Possible Action Approval of an Assessor’s Office Change Request to allow the Nye County Assessor to process and: 1) Issue an amended tax bill in the amount of $0.00 to Select Event Group, Inc., owner of EQI 061 24 formerly located at 1910 E. Basin Ave., Pahrump, NV, Assessor’s Parcel Number 035-191-53.

Commissioner Strickland

made a motion to approve item 14-17; seconded by

Commissioner Blundo

; 5 yeas. 15. For Possible Action Approval to: 1) Accept the no-cost Grant Extension No. 2 for the Pahrump Fairgrounds Water and Well System Project 20/PFII4 through the State of Nevada, Community Development Block Grant (CDBG) Program to provide 6 months additional time for the construction and completion of the Water and Well System by September 30, 2022; and 2) Execute Grant Extension No. 2.

Commissioner Strickland

made a motion to approve item 14-17; seconded by

Commissioner Blundo

; 5 yeas. 16. For Possible Action Approval to: 1) Accept the no-cost Federal Fiscal Year 2022 State of Nevada Recreational Trails Program Nye County OHV Adventure Trails Upgrades grant award # 2020-07 amendment and the Federal Fiscal Year 2021 Recreational Trails Program Pahrump to Tonopah Offroad Trail Phase I Grant Award # 2021-06 amendment to extend the grant period through December 31, 2023 for completion of both projects; and 2) Execute the grant award documents.

Commissioner Strickland

made a motion to approve item 14-17; seconded by

Commissioner Blundo

; 5 yeas. 17. For Possible Action Approval of the quarterly update report for major construction projects within Nye County that includes the Animal Shelter, One Stop Shop, Siemens Energy Project, Tonopah Justice Court Remodel, and the Pahrump Shooting Range projects.

Commissioner Strickland

made a motion to approve item 14-1 7; seconded by

Commissioner Blundo

; 5 yeas. April 5, 2022 BOARD OF COMMISSIONERS 18. 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. This item was removed from the agenda. 19. Closed meeting, pursuant to NRS 241 .015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 20. For Possible Action Discussion and deliberation on conference with legal counsel regarding potential or current litigation presented in closed meeting. This item was removed from the agenda. 21. 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. 22. 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. 23. 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. 24. For Possible Action Discussion and deliberation regarding Nye County Proclamation P2022-01: A Proclamation Recognizing March as Women’s History Month in Nye County.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. April 5, 2022 25. For Possible Action Discussion and deliberation to approve or amend and approve a letter to Bank of America regarding the closure of the Pahrump, Nevada branch

Commissioner Blundo

said he brought this item forward and worked with the County Manager on the letter.

Commissioner Blundo

made a motion to approve the letter and send it certified mail to Brian Moynihan, CEO of Bank of America; seconded by Commissioner Strickland. Tim Bohannon said he liked the idea of trying to talk to Bank of America regarding the County’s position. He hoped they stayed, but he thought the County should be thinking about if there was an alternative that could come in. In addition to the certified mailing, Commissioner Jabbour requested Commissioner Carbone as the Chair get in touch with the Chair of the County Commission in North Carolina to have them intervene as well.

Commissioner Jabbour

made a motion to approve as written; seconded by

Commissioner Strickland

; 5 yeas. 27. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a Contract No. FA8240-22-PRO2O between the Department of the Air Force, Directorate of Contracting and Nye County for the purposes of providing law enforcement services to the National Test and Training Range Security Forces in the amount of $182,325.00; 2) Execute the Contract; and 3) Deposit funds into 10340 Grants.

Commissioner Blundo

made a motion to approve in the amount of $182,325.00, execute, and deposit funds into 1340 Grants; seconded by Commissioner Strickland; 5 yeas. April 5, 2022 COUNTY MANAGER 28. For Possible Action Discussion and deliberation to recommend Community Project Funding requests to submit to congress for the Fiscal Year 2023 (October 1, 2022— September 30, 2023) appropriations process.

Commissioner Strickland

made a motion to approve as stated: seconded by

Commissioner Jabbour

; 5 yeas. 29. For Possible Action Discussion and deliberation regarding approval to: 1) Send a letter to the State Engineer concerning the water basin health of 162 and 230; and 2) Request a preemptive notification to solar applicants prior to making applications.

Commissioner Blundo

made a motion to send the letter to the State Engineer concerning the water basin health of Basins 162 and 230, and request a preemptive notification to applicants prior to making applications: seconded by Commissioner Jab bo u r. John Bosta thought the County was monitoring 25 wells along the perimeter of the test site, but here the County was asking for quality of the water. He asked if the well testing was still going on. Victor Fuentes said he knew there was an agreement between the County and Fish and Wildlife from 1984 about the water situation in Ash Meadows. The agreement said the water the service would not use for wildlife purposes had to be given back to the County. He stated the refuge illegally and unlawfully diverted the water from his camp.

Commissioner Blundo

asked Mr. Fuentes to restate his comments under public comment as it was off the agenda item.

Commissioner Blundo

made a motion to adopt: seconded by Commissioner Strickland; 5 yeas. April 5, 2022

Commissioner Blundo

disclosed Marquis Aurbach Coffing was a POOL law firm which had represented him in the past, but he had no pecuniary interest in this item.

Commissioner Blundo

made a motion to approve additional funding from the Nye County General Contingency Fund not to exceed $23,500.00 for the purpose of funding unbudgeted legal counsel currently handling employee-related arbitration hearings and civil litigation; seconded by Commissioner Strickland.

Commissioner Carbone

asked since the District Attorney’s Office was understaffed if this was happening on a continual basis. Savannah Rucker said it was. The District Attorney’s Office was currently forecasted to be well within their budget because of vacancies, but Finance was watching that department’s budget to be sure there were no issues.

Commissioner Blundo

made a motion to approve the MOU, the AOP and the other AOP and execute the agreement; seconded by Commissioner Strickland.

Commissioner Carbone

asked Tim Sutton if an understanding was reached on the rates for emergency management. April 5, 2022 33. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a Memorandum of Understanding (MOU) DE-GM22NA25546 between the U.S. Department of Energy, National Nuclear Security Administration, Nevada Field Office and Nye County for the purpose of formalizing the working relationship between the parties and to provide law enforcement or emergency services equipment and personnel of the supporting party; 2) Approve, amend and approve, or relect the Annual Operating Plan (AOP) between the U.S. Department of Energy, National Nuclear Security Administration and Nye County Department of Emergency Management; 3) Approve, amend and approve, or reject the Annual Operating Plan (AOP) between the U.S. Department of Energy, National Nuclear Security Administration and Nye County Sheriff’s Office; 4) Execute the Agreement. The MOU and AOP’s will not obligate any funds-Co nt’ d.

Mr. Sutton

said he did not look into that.

Commissioner Strickland

said she did not see anything on page 10 and asked if this needed to be taken back and re-heard.

Commissioner Carbone

wanted to make sure there was nothing in the document that said there was a cost. He believed this was their normal document and it was just left in there. Fire Chief Scott Lewis confirmed it was a boilerplate document. Purchasing and Contracts Administrator Honey Strozzi said she would make certain it was not included.

Commissioner Strickland

made a motion to ratify the VOCA grant award; seconded by

Commissioner Blundo

; 5 yeas. April 5, 2022 PLANNINGIBUILDING/CODE COMPLIANCE

Commissioner Strickland

made a motion to approve the interlocal contract with NDEP and Nye County to include Attachments A and B, execute the contract, and deposit funds into 10101 General Fund; seconded by Commissioner Blundo.

Commissioner Carbone

asked if an agreement was reached on Attachment B that it did not matter. Tim Sutton said that was correct. He had discussed it with the Planning Director and it was just boilerplate language stating that nothing that the County’s people were paid could exceed the amount listed, which was $78.00 an hour, and no one came close to that. Brett Waggoner added it only applied if it was federal funds, and these were not. They were fines passed through the County.

Commissioner Blundo

made a motion to award Bid No. 2022-04, Pahrump Valley Boulevard, to Wulfenstein Construction Company, Inc., in the amount of $2,823,219.86 funded from 10205 Road; seconded by Commissioner Jabbour. MarIa Zlotek asked that the motion include approving the contract. AprU 5, 2022 36. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2022-04 Pahrump Valley Boulevard; 2) Award Bid No. 2022-04 Pahrump Valley Boulevard to Las Vegas Paving Corporation in the amount of $3,088,000.00 or Wulfenstein Construction Company, Inc. in the amount of $2,823,219.86; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund from 10205 Road ; or 5) Reject bid and provide direction to staff on how to proceed with the project-Cont’d.

Commissioner Blundo

amended his motion to award Bid No. 2022-04, Pahrump Valley Boulevard, to Wulfenstein Construction Company, Inc., in the amount of $2,823,219.86 funded from 10205 Road, and approve the contract; Commissioner Jabbour amended his second; 5 yeas. PUBLIC PETITIONER

Commissioner Blundo

made a motion to approve Proclamation P2022-02; seconded by

Commissioner Jabbour

; 5 yeas.

Commissioner Strickland

advised Ms. Nelson cloud seeding was funded under ARPA at the last meeting.

Commissioner Cox

asked for the letter to the State Engineer and Fish and Wildlife to be put on the agenda.

Commissioner Carbone

felt more information was needed.

Commissioner Cox

asked the County Manager to get more information and possibly meet with Mr. Fuentes.

Commissioner Blundo

said he wanted to have a discussion and determine potential Code changes regarding limiting farm animals in the RE-I.

Commissioner Jabbour

reminded everyone to spay and neuter their pets.

Commissioner Carbone

wanted to put together a workshop regarding the livestock situation and how to manage it. Brett Waggoner informed the Board a draft was done about three years ago regarding the livestock issue which established limitations. He did not know if the Board wanted to do the workshop, but it could be done faster since that existed.

Commissioner Carbone

said he would like a workshop involving the public. April 5, 2022 33. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a Memorandum of Understanding (MOU) DE-GM22NA25546 between the U.S. Department of Energy, National Nuclear Security Administration, Nevada Field Office and Nye County for the purpose of formalizing the working relationship between the parties and to provide law enforcement or emergency services equipment and personnel of the supporting party; 2) Approve, amend and approve, or reject the Annual Operating Plan (AOP) between the U.S. Department of Energy, National Nuclear Security Administration and Nye County Department of Emergency Management; 3) Approve, amend and approve, or reject the Annual Operating Plan (AOP) between the U.S. Department of Energy, National Nuclear Security Administration and Nye County Sheriff’s Office; 4) Execute the Agreement. The MOU and AOP’s will not obligate any funds-Reopened. Honey Strozzi said page 10 was the resource rates and asked the Commissioners if they wanted that excluded since it was part of the agreement.

Commissioner Carbone

said it was a boilerplate package and the whole document talked about no funding so it did not need to be in there. If something changed, then it would come back to the Board again.

Mrs. Strozzi

noted each party might request help from the other parties.

Commissioner Strickland

said if for some reason the contract needed to go beyond what was set forth today then the County would kick in the not to exceed fee schedule.

Commissioner Carbone

explained the document itself would have to change as it was very specific on the funding.

Commissioner Strickland

stated then the document could not be signed as it would be rejected.

Mrs. Strozzi

said she would exclude it and see if it was accepted. 39. Commissioners’IManaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshops/agendas)-Reopened. Samantha Tackett reminded everyone about the ethics training tomorrow available in all locations. April 5, 2022

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: c Ny County Clerk / Deputy , £ I request that my comments are reflected in the minutes and I submit a copy of my prepared written remarks and documents for inclusion into the minutes. The proposed SUMMARY OF ROADS MAINTAINED BY NYE COUNTY AS OF DECEMBER 31, 2021 does not contain the Spring Meadow Road in the Ash Meadows Refuge pursuant to the Cooperative Agreement between U. S. Fish & Wildlife Services and Nye County, Nevada recorded in Official Records Doc. No. 235855 dated May 30, 1989. The County enters this agreement pursuant to the authority provided by NRS 288.110. “The purpose of this Cooperative Agreement is to authorize the County to maintain a secondary road through Ash Meadows National Wildlife Refuge to facilitate convenient access for local residents between the towns of Amargosa and Pahrump and for landowners that reside withing the boundary of the wildlife Refuge. This road is delineated in green on the attached map.” “The County Obligation Will restrict the alignment of the approved road to the existing route delineated in green on the attached map. The size of the cooperative road is to be the minimum to provide for a safe low speed (45 MPH) two lane road (approx. 66 ft. maintenance width). If the county chooses to pave the cooperative road the paved width will not exceed 22 feet. Any secondary access points to or from this road including pull outs or parking areas must be approved by the Service.” As a citizen of Amargosa Valley and as Vice Chairman of the Amargosa Valley Town Board, I request the Board of Commissioners to add the Spring Meadows Road passing through Ash Meadows Refuge to list the Summary of Roads Maintained by Nye County as of December 31, 2021. Attachments: May 30, ‘89 Dcc. 235855 pgs. 538 and 540. Road delineated in green on the attached map Summary of Roads Maintained by Nye County as of December 31, 2021. Nye County Resolution No. 2001-53 Nye County Official Plat Effective July 1, 2001 Respectfully submitted, John F. Bosta ATTACHMENT 1 B0CC Item 9 Comment by John F. Bosta 5 attachments included OFFICIAL ;ECORDS NYC. CO. NE RECF:C ODOLERATIVE AGRv1!r Nye County Corflmis’10r5 between ‘89 tiM 30 P2 51 U.S. FISH & WILDLIFE SVIE Di/. _iON CUWi Ri::.5. 3S -‘. NYE ODUNTY, NtVADA FEE - c This Cooperative Agreement is made and/on Lorod into betwoot?ih & Wildlife Service, an executive agency of Lho United SLates/Dtmpnt ofhe. Interior, herinafter referred to as the “Servic&’ ad N’e\ County ovada herinafter referred to as the counLyu pursuant to 1 ,Ufl ted’S to_’o 6305 (Using Cooperative Agreements). /‘ The Service enters this Cooperative i\(Jrecinont pir’sunt he authority provided by the Fish and Wildlife Act of 1956 and the Nátional-ild1ife Refuge System Administration Act of 1966. The Coty5. enters this agreement pursuant to the authority provided by NRS 277.110. Purposes and The purpose of this Cooperative Acj ‘authorize the County to iaintain a secondary county road National Wildlife Refuge to facilitate convenient access foz nts between the towns of xnargosa and Pahrump and for laJ Lde within the boundary of the i1dlife Refuge. This road is delL en on the attached map. Whereas, it has that traffic expected through the inargosa Valley now the future, would pose a threat to , 9ndangered species habitat if it crossed unrestricted through Ash Meadows :“o Refuge. Therefore, the U.S. Fish and ildlife Service w Ccunty road rights-of-way within the Doundaries of the uisiLion will cause damage to the County in increased road con ,sts to direct the primary flow of traffic around the refuge and. will nvonience to local citizens in longer travel routes’. içs of this the Service has agreed to pay the County damages 5555 / BOOK 687 PAGE538 agreement, as weii as trio route soutn oi trio rciucje iesigriaceu in rec on the attached map) that directs the primary flow of traffic past the refuge thus renoving the threat of high levels of traffic on the cooperative r LV. Specific Obligation of the Parties A. Service Obligation Keep the cooperative road open for public access in conpliance with provisions of the Endangered 1531 — 1543). Cooperate with the County in idenLifyin alternative sqlutions to any future unforseen conflicts that violate \t1e Endangerd Species Act. A panel to review alternative ways to rcrv y_ceeIict will consist of the Chairman of the ?margosa Town Board, C1iifin of the Pahruirj Town Board, Board of Nye CountyCoriiiuissioners and the Refuge Manager of Ash Meadows National Wildlife Notify the County of any or land use that may inpact road use or maint€ance. ancial assistance, or in kind assistance, for the cooperative road caused by future developnt withiF{ B. County road to the existing route map. ktive road is to be the minimum to provide for a safe 1) two lane road (approx. 66 ft. maintenance width). chooses to pave the cooperative road the paved width 22 feet. ;s points to or from this road including pull outs must be approved by the Service. ecoi687 PAGE4O / r. •1• * k. Ii:. “) a’I I S ii 4 . I C I. 4 : I. i_. A ii A 4.SbJ4jYI1 J 1. -‘ .4. 1 S. S J I i -. . . ‘4 a-. if. — I— a. 2 SUMMARY OF ROADS MAINTAINED BY NYE COUN TY AS OF DECEMBER 31, 2021 . DISTRICT GRAVEL feet miles TOTAL MILES feet miles feet tMARGOSA miles feet miles 314054.40 59.48 132052.80 25.01 302654.77 57.32 BEATTY 59302.06 11.23 153.04 93056.49 17.62 196316.48 37.18 13208.46 6.29 BElMONT 141965.17 61.09 26.89 15818.82 3.00 CARVER 24612.79 29.89 4.66 64624.39 12.24 101325.53 19.19 CRYSTAL 16332.20 36.09 3.09 54986.44 10.41 17081.99 GABBS 31651.14 3.24 16.74 5.99 14661.47 2.78 14202.25 2.69 HADLY 48375.38 11.46 9.16 MANHATtAN 3990.41 9.16 0.76 46322.67 8.77 6388.80 1.21 PAHRUMP 1369893.35 10.74 259.45 63109.56 11.95 1047779.05 205.26 1969518.99 ROUND MOUNTAIN 15070.58 373.01 849.67 2.85 25278.53 4.79 27267.65 5.16 TONOPAH 118778.50 12.80 22.50 70727.02304 13.40 41364.90 7.83 TONOPAH AIRPORT 6261.45_— 43.73 7.41 6486.72 1.23 8924.79 1.69 OUTSIDE 219290.96 10.33 41.53 7768303.49 1471.27 665180.50 125.98 1638.78 TOTALPERSURFACE ASPHALT 461.40 GRADE&DRAIN 1591.61 GRAVEL 443.04 CHIPSEAL 387.48 NOTE: 1675.84 FEET OF PORTI.ANO CEMENT NOT INCLUDED iN ABOVE = .117 MILES 0.317 [ TTL Miles maintained 2883.83_— RS-2477 Feet 29500706.13 Miles 5587.25 NCM 1 Feet 3613733.38 Miles 684.42 154 155 Resolution No. 200 1-53 ADOPTED this 26th day of June, 2001. A RESOLUTION APPROVING TI-lU “OFFICIAL PLAT’ OF THE COUNTY OF NYE, COUNTY OFNYE ATFEST STATE OF NEVADA; SAID PEAT AMENDEI) TO REFLECT COUNTY BOUNDARY CHANGES MADE DURING THE 200] NEVADA LEGISLATIVE SESSION 4 BY: WHEREAS, during the 200] Session of the Nevada Legislature Senate Bill 395 was Sam 1. Merlin Joni Eastley, Vicc-Chaiiaisør( passed transferring approximately thirty-five (35) square miles of Clark County territory into Nye County Board of County Clerk and Ex-Officio County Commissioners Clerk of the Board 6 6 Nyc County, and III 7 Iii WHEREAS. Nevada Revised Statutes (NRS) 234.250 requires that Nyc County file its “Official Plat” with the offices of the Nye County Recorder, Clerk and Assessor, and with the a hui Nevada Department of Taxation; and that all changes in boundaries made subsequent to the 9 I/I I0 10 original tiling and recording of the Official Plat shall be recerded and fiLed immediately with the Ill II same described offices; and II /I / 12 WHEREAS, a new map has bten presented to the Nyc County Board of County 12 I/i 13 Commissioners rcfkcting the changes made to the Nyc County boundaries by Senate Bill 395 foil ‘3 i/I 14 consideration as the new “Official Plat” of Nyc County. 14 i/I IS NOW, THEREFORE, THE BOARD OF COUNTY COMMISSIONERS OF THE i/I 16 COUNTY OF NYE, STATE OF NEVADA, HEREBY RESOLVES AS FOLLOWS. 16 i/i ‘7 I The map so presented and described above bearing the date July I, 2001 shall be, and li f/I 18 is hereby adopted as, “The Official Plat of the County of Nyc, State ofevada. ta I/I 19 effective July 1,200] 19 f/I 20 2 The Nyc County Director of Planning is hereby directed to record the “Official Hat” 20 f/i 21 in the office of the Nyc County Recorder; and to provide a copy of the recorded 21 I/I 22 Official Plat to the offices of the Nye County Clerk and Attestor, and to the Nevada 22 I/i 23 Department of Taxation. 23 24 I/I 24 i/I 25 ri/I I/f 25 F5NYEtORDS&RES\RESOLL1iON 2001 -53 doe Page 1 F:EORDS&RESRESOLtfflON 2001.53 doe Page 2 iLvo ,{HflJ 1flOJ Ja//j 3LVC MVMV. 3t AStSYJ NO; ‘-r’ 000 0 VOlt Z-;ti3liNO COO O Nflr 00100 Cl— 0000 00.1fll0$01 004 000000000T0000 .CCOIOO 100 dO ON008 000 00 00001ddY 003000? 0? 0000 O_0000 340 .40 0010 10111440 09CC iOO 1 A’1f11 i\IID3i LVId 1VLDJLIdO AINfIOD SIAN 9S . I request that my comments are reflected in the minutes and I submit a copy of my prepared written remarks and documents for inclusion into the minutes. The General Road Report by Public Works Director on General Road Report dated April 5, 2020 Maintenance of roads in Amargosa page 7 does not contain the maintenance of roads for landowners that reside withing the boundary of the Ash Meadows Refuge pursuant to the Cooperative Agreement between U. S. Fish & Wildlife Services and Nye County, Nevada recorded in Official Records Doc. No. 235855 dated May 30, 1989. This road is delineated in green on the attached map. The County enters this agreement pursuant to the authority provided by NRS 288.110. “The purpose of this Cooperative Agreement is to authorize the County to maintain a secondary road through Ash Meadows National Wildlife Refuge to facilitate convenient access for local landowners that reside withing the boundary of the wildlife Refuge. A Fire Control Cooperative Agreement Between the Amargosa Valley Volunteer Fire Department and Ash Meadows National Wildlife of the U. S, the Fish and Wildlife Service for fire protection of land, structures of Fish and Wildlife and landowners within the boundary of the Ash Meadow Refuge dated September 8, 1988. The road must be maintained so that the fire truck and other equipment can get to the land, structures within Ash Meadows safely. Peterson Road is need of repair immediately, A fire truck could not get to Patch of Heaven in time to put out a fire. April 5, 2022 Attachments: Road delineated in green on the attached map Roads in Ash Meadows Refuge Respe ully submitted, John F. Bosta ATTACHMENT 2 B0CC Item 11 Comments by John F Bosta 2 attachments April 5, 2022 •... .‘: •1 I I — F f -ï I .1 •tl N.tla.J WUdW. R.f.. ‘ I h4 I rF- ‘S. -\-‘ I.— ‘-;2•.• — -‘. ‘- \y.-.. ‘ -. .-,. • ‘- %• . ••?‘ : ::: *2 I • c< -p- --=— —r ( - •-•_ , r A 0 Miles 2 0 Kilometers ASH MEADOWS NWR Devils 3 miles (5 km) access eservoir only : Point of Rocks Rd. tal Marsh Distances from Visitor Center Ash Meadows Rd. 3.4 mi (5.5 km) Longstreet Spring and Cabin 3.6 mi (5.8 km) Devils Hole* 4.1 mi (6.6 km) Point of Rocks Boardwalk C L-i Service Rd. 0 All roads subject to L.. closure during wet weather D S — Paved road — Unpaved road Unmaintained road S Road not Foot access only recommended, Accessible features Restrooms Picnic shelter Private land within refuge boundary * Devils Hole is managed by the National Park Service Pahrump, NV-160 22 miles (35 km)