May 3, 2022

Commissioner Carbone

reminded everyone May 8, 2022, was Mother’s Day.

Commissioner Strickland

said the Wild West Extravaganza was this weekend and provided the history of the event. She then talked about the staff shortage at the Sheriff’s Office and said she was told about a $22,000.00 program that would streamline the business. She hoped the rest of the Commission would support something and that Captain David Boruchowitz would bring something forward.

Commissioner Cox

asked if anyone stepped forward to do the parade this year for the fall festival. She saw it advertised in the paper that an organization was being looked for to put it on. Samantha Tackett advised they were still advertising and had not found a representative yet.

Commissioner Cox

asked who did it last year.

Commissioner Strickland

said it was Vern Van Winkle.

Commissioner Cox

suggested calling him and told anyone who was interested to call the town office or Administration. Sam Merlino advised there were two candidate challenges at the State level, Stuart Mackie and Nicole Sirotek. Both of those challenges were successful so while they would appear on the ballots, any votes for those candidates would not be counted, and notices would be posted at the polling locations. Aaron Ford and Burt Gurr would go directly to the general.

Commissioner Strickland

advised the first meeting of the Nye County Water District would be at 10:00 a.m. on May 5, 2022, in the Tonopah and Pahrump chambers. Pahrump Tourism Director Arlette Ledbetter provided an update on the Highway 160 Magazine, which was a visitor’s guide for Pahrump and the surrounding area. There was a limited time to get it published so if anyone wanted to secure ad space they could call her at (775) 910-3279. May 3, 2022 3. Commissioners’/Manager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d.

Commissioner Cox

asked if the tourism committee would like to do the parade this year.

Ms. Ledbetter

said she would talk to the chairman about it.

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 and closed the public hearing.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Cox; 5 yeas.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Strickland

asked if there would be any interference that could not be dealt with if there was a need for the ballfield. May 3, 2022 8. 10:00 am. For Possible Action Public Hearing, discussion, and deliberation — — to issue an Outdoor Festival License to Garth Harris for the Blue Diamond Stake Pioneer Day Celebration to be held July 23, 2022, at Ian Deutch Memorial Park, 1600 Honeysuckle Street, Pahrump, NV-Cont’d.

Commissioner Carbone

said according to what he knew there was none.

Commissioner Strickland

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

Commissioner Carbone

opened the public hearing. Doug Dubin said this would be the ninth annual Pahrump balloon festival. People were concerned when it was cancelled earlier this year and he was excited to be able to bring it back. Doug Campbell, operator of Balloons Over Pahrump, said he was excited about keeping the event going.

Mr. Dubin

said this year they expected brand new balloons that had never flown in Pahrump to be part of the project. For the first time there would be bounce houses for the kids and he was in talks with vendors to provide other events.

Commissioner Carbone

closed the public hearing.

Commissioner Strickland

said she talked to Mr. Dubin about some of the concerns, the major one being that the arena was set aside for that event and was not used. She discouraged that from happening again as there were arena events that could have been going on at the same time. While the music festival was successful, there was an issue with where the carnival was located. Mr. Dubin said he would have between 15,000 and 16,000 people and parking would be really difficult. Commissioner Strickland said she needed all of those things considered for public safety.

Commissioner Jabbour

said this was a wonderful event, but many Pahrump residents had called and expressed concern for themselves and their animals when the balloons got in close proximity to homes. He asked Mr. Campbell to please remind the pilots that was not to happen unless there was an extreme emergency. This was about health and safety and they were transporting passengers.

Commissioner Blundo

noted there was no map or layout specific to this event and asked Mr. Dubin to elaborate on that and the parking. May 3, 2022 9. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation — — to issue an Outdoor Festival License to Douglas Dubin for the Pahrump Balloon Festival to be held November 11-13, 2022, at Petrack Park, 150 N. Highway 160, Pahrump, NV-Cont’d.

Mr. Dubin

advised staff was provided a map for this event and each one of the Commissioners should have that in their packet. He anticipated having plenty of parking. He met extensively with the SAU and Public Works to make sure parking was sufficient. He made accommodations for off-site parking as well. As to the arena, Mr. Dubin said he was always open to working with other events.

Commissioner Cox

asked Mr. Dubin if there would be music.

Mr. Dubin

said yes. There would be one stage under the trees near the tennis court. It would be a combination of live music and a deejay.

Commissioner Cox

heard there were several complaints about the music being so loud at 11:30 p.m. and asked Mr. Dubin to keep it down a little bit. Samantha Tackett reminded the Commissioners an e-mail was sent by Courtney on April 27, 2022, with the tentative plan to the Sheriff’s Office, the chief, and the Director of Public Works. There was a craft show happening at the Bob Ruud Center so parking was discussed. Mr. Dubin was aware of that and had said he would not affect the parking for that.

Commissioner Carbone

had concerns about the plan to put a carnival in the area of the baseball field. He had not heard back from Buildings & Grounds about that issue because they were concerned as well. That needed to be confirmed before anything was approved. Secondly, when someone was on private property they could not do certain things. Commissioner Carbone asked Mr. Dubin to keep that in mind for the future. That included the folks that worked for him that had their units parked on private property.

Mr. Dubin

said this was not the first time the carnival was placed there. Years ago the chamber set up the carnival in a similar pattern. They corrected the carnival and they had better clarification and understanding. If the carnival could not be put in that area they were more than happy to move it back to the area where it was during the music festival. Planning Director Brett Waggoner said another issue regarding use of the private properties behind the area, other than the trespass issue, was a dust control issue when the dirt was disturbed. There was a dust monitor station just to the south of the area which received a lot of high reads. During wind events, especially after those properties were utilized, people could not see across Basin. If permission was granted Mr. Waggoner wanted some stabilization of those properties done to address that. May 3, 2022 9. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation — — to issue an Outdoor Festival License to Douglas Dubin for the Pahrump Balloon Festival to be held November 11-13, 2022, at Petrack Park, 150 N. Highway 160, Pahrump, NV-Cont’d.

Mr. Dubin

said he would be willing to do something similar to whatever dust mitigation was utilized for the fall festival.

Mr. Waggoner

said he was suggesting basically having a water truck run over the areas once the event was done.

Commissioner Strickland

said dust abatement needed to be done during the event also. Jimmy Martinez said the concern was the carnival being on the A field, how big it would be, and the damage that may be sustained from it. There was damage from the last carnival that was on the grass. The diagram showed a bunch of booths and vendors, but a small area for the carnival.

Commissioner Carbone

asked Mr. Martinez to meet with Mr. Dubin as he wanted Mr. Martinez’s confirmation before it was approved.

Commissioner Jabbour

asked how long it took to repair the damage from the last event and if it was costly.

Mr. Martinez

said most of the stuff they had on site, and they did some dirt repairs. It was not costly, but it did take time. He also had to take the soccer events off the field for that week.

Commissioner Jabbour

said that was another reminder to the vendors to leave the area as they found it.

Commissioner Carbone

wanted to hold of on this item until Mr. Martinez got an answer.

Commissioner Blundo

made a motion to continue this item to the Pahrump meeting; seconded by Commissioner Strickland.

Commissioner Blundo

reminded the Board that with no applicant they approved an event prior to this item. If they were going to be critical they should be critical equally.

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. May 3, 2022

Commissioner Carbone

asked if a new street sweeper was bought.

Mr. Boiling

said yes and he was waiting on it to show up.

Commissioner Cox

said someone took the gravel off of the corner at Deerskin and Unicorn and she was thankful. The cracks on Huracan had been filled in and it was now really rough. She asked to have someone take a look at it. As to Gamebird itself, there were a bunch of street markers. One side of Gamebird in that area had been graded, but the other side had not been graded because of the markers and had lots of weeds. Commissioner Cox could not see any justification for those markers and asked

Mr. Boiling

to look at them and possibly remove them.

Mr. Boiling

explained those markers were there to delineate a drainage channel below the road. They could not grade in the drainage channel because it had riff raff in it. They would need to do maintenance on the weeds, but Mr. Boiling agreed they were close to the road and he would see if they could be moved. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. May 3, 2022 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.

Commissioner Blundo

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

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

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

Commissioner Strickland

; 5 yeas.™Ë May 3, 2022

Commissioner Blundo

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

Commissioner Strickland

; 5 yeas. TIMED ITEMS 8. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation — — to issue an Outdoor Festival License to Garth Harris for the Blue Diamond Stake Pioneer Day Celebration to be held July 23, 2022, at lan Deutch Memorial Park, 1600 Honeysuckle Street, Pahrump, NV-Reopened.

Commissioner Carbone

said Commissioner Blundo was correct. The Board approved something that had no back-up information. He would like to move this item to the next Pahrump meeting and asked if he could do that knowing it was a public hearing and it was approved. MarIa Zlotek advised no since it already occurred, a public hearing was held, a motion made and a vote taken, but it could be re-agendized. ASSESSOR

Commissioner Strickland

disclosed she was a well drilling contractor, but she had no pecuniary interest in this item. Daniel Randles from the Division of Water Resources (DWR) was present.

Commissioner Blundo

said DWR was asking the County to direct the levy of a special assessment of each water user and asked if that funded DWR.

Mr. Randles

said it funded a portion of DWR. This was a special assessment request under NRS 534.040 for groundwater assessments. He believed the first one was for a number of basins in Nye County.

Commissioner Carbone

said it was everything except Pahrump.

Mr. Randles

explained the funds were not part of DWR’s general fund. There were specific accounts related to those basins and for the work done in them. Each basin must be a designated basin, and each basin must be managed separately. In DWR’s management they were conducting pumping inventories or groundwater level May 3, 2022 14. For Possible Action — Approval to adopt Nye County Resolution No. 2022-1 8- Cont’d. measurements. This agenda item was in direct relation to Upper Reese River Valley, White River Valley, Amargosa Valley, Big Smoky Valley, and Tonopah Flat groundwater basins. Each of the revenues supported those basins and the work being done there.

Commissioner Blundo

asked if this was a special levy above and beyond what the County normally levied.

Mr. Randles

did not think so. This was the only request for a special assessment by the State Engineer.

Commissioner Blundo

asked Mr. Randles if he had an illustration of the performance of work or detail of what DWR was providing with the taxes.

Mr. Randles

stated he sent a breakdown which should be in the back-up. Most of the expenditures related to this work was staff time, typically work in the field for processing that data. The revenues could also fund vehicles and per diem if necessary. John Bosta said the State Engineer originally had a contractor to inspect artesian wells who was not an employee of DWR. In Amargosa Valley and other valleys in the County agricultural water rights were more than quasi-municipal.

Commissioner Carbone

said he was trying to figure out what the real job was that the person was doing.

Mr. Randles

explained each basin was unique. The comments from Mr. Bosta were correct that the basins being talked about right now were managed pursuant to NRS 534.040(3), and those were predominantly agricultural basins so each water holder was assessed based on the amount associated with their permits.

Commissioner Strickland

made a motion to adopt Nye County Resolution No. 2022-18; seconded by Commissioner Jabbour; 3 yeas. Commissioners Blundo and Cox voted nay.

Commissioner Blundo

asked Mr. Randles to explain the work DWR was doing in Basin 162.

Mr. Rand

les said the majority of the work was the pumpage inventory mentioned. The collection of this against all parcels as a flat fee was per NRS, which DWR was bound to. It was a special assessment, not a tax.

Commissioner Blundo

explained the concern for him was if voting for this would be voting to potentially curtail or restrict someone’s use of a domestic well.

Mr. Randles

did not believe this would be in direct relation to a curtailment. This assessment had been made since at least 1959 and had paid for the work of the inventories since that time. It was directly related to the information and data provided by his office to the public. May 3, 2022 15. For Possible Action — Approval to adopt Nye County Resolution No. 2022-1 9- Cont’d.

Commissioner Blundo

stated the data collected would be used for curtailment if Pahrump reached that critical point.

Mr. Randles

said that data would be considered, but it would not be the only information looked at. The rights and when they were filed would be looked at as well. The inventory reports took into account each permit and it was a check that each holder was in the bounds of their permits as well as to see if they were using their permits. It also allowed tracking of holders to see non-use.

Commissioner Blundo

asked what efforts DWR had put forward to get the information to the County Commissioners and the people.

Mr. Randles

said he had been to a number of public meetings and individuals from DWR were sent out to speak to the hydrology of the basin, what the current conditions were, and how they were trying to help make information available. People could go on-line or contact the office for the reports.

Commissioner Strickland

asked the Nye County Water District to look into potentially changing this NRS via a BDR as this special assessment should be borne by the owners of the water rights, not each property owner moving forward.

Commissioner Carbone

asked if this basin went past the County’s borders into Clark County and California.

Mr. Randles

said the region travelled into California, but he did not believe it went into Clark County.

Commissioner Carbone

stated it went almost all the way to Blue Diamond. He thought what was being checked on in the basin should be looked at to see how much water was going in other directions. There were thousands of solar panels getting ready to go in and that took a lot of water to prepare the areas. For years Jason King kept telling the County it was going be under his management control if the pumping did not stop.

Commissioner Carbone

thought DWR needed to look past Pahrump to see what was going on with the basin.

Commissioner Jabbour

said NRS 534.040 stated this was a requirement for the County to fund this so he was not sure where the Board could go at this point because of that. MarIa Zlotek said that was correct. It was mandated by the NRS referenced.

Commissioner Cox

asked if the District Attorney’s Office had an opinion as to whether this was a tax or a fee. May 3, 2022 15. For Possible Action — Approval to adopt Nye County Resolution No. 2022-1 9- Cont’d. Chris Arabia stated he would consider it to be a tax.

Commissioner Cox

thought with all of the solar coming in and the problems with the water maybe the County line should be moved further toward Las Vegas so they could not take Nye’s water to subsidize their solar programs. She would like to have staff look into that. Helene Williams said according to the DWR Basin 162 was a closed basin, but it stretched within Nye County, Clark County, and lnyo County, California. She asked Mr. Randles as an employee of DWR how many wells were being built in Clark and lnyo Counties that were using the water in Basin 162

Mr. Randles

said he did not how that assessment was being made on the Clark County side, only on the Nye County side. DWR found they did have about 50 water rights they were monitoring on the Clark County side, but the majority of those were springs. There were not many groundwater rights that they looked at. He said there were three water rights held on the Clark County side and 830 water rights held on the Nye County side, which was why the entire assessment was made on the Nye County side.

Commissioner Strickland

made a motion to adopt Nye County Resolution No. 2022-19.

Commissioner Cox

disclosed that her son was making this presentation and brought it forward on his own. She had no opinion, but she would like to vote on it. Darren Cox explained he wanted to get amendments to the law to include a permit to be able to light fireworks on private property. This permit would cost more than the permit at the launch site and would be available for one to three days. He said it was just to give a little more freedom with the fireworks and he felt the revenue could be given to the fire department. May 3, 2022 33. For Possible Action Discussion and deliberation to consider amending Nye County Code Chapter 8.04 relating to licensing, regulating and controlling the use of all aerial 1.4-gram, Class C, consumer grade fireworks that are sold in Nye County at any of the licensed firework companies to authorize the use of consumer grade fireworks on private properties and other locations in Nye County other than the Town of Pahrump Fireworks Safety Site-Cont’d.

Commissioner Cox

added they were setting the fireworks already, but the County was not benefiting from it. This would also keep people from getting arrested for doing something they enjoyed doing.

Commissioner Blundo

said he had concerns about the safety of launching fireworks from home, but he felt those concerns would be around anyway.

Mr. Cox

said the fee was there to offset the cost of an incident.

Commissioner Jabbour

noted part of the back-up read 50 foot to 75 foot distance. He asked if that was a horizontal distance as he would like to know the projectile in the vertical and if it would interfere with neighboring property as not everyone was responsible.

Mr. Cox

thought they would go about 150 feet high on average.

Commissioner Jabbour

asked Mr. Cox if he thought that would umbrella into other people’s property.

Mr. Cox

said not if it was the center of an acre or if it blew sideways in the wind. He advised these fireworks were designed for safety and he had not had a backfire on a firework in years.

Commissioner Jabbour

said since a burn permit was required in Pahrump they would have to contact the fire station if anyone wanted to do a burn.

Mr. Cox

said for the fireworks permit his suggestion was that it be gotten at the fire department or the Sheriff’s Office so it would be on record and be monitored.

Commissioner Strickland

was fearful for the animals. There were so many problems when it came to dogs, cats and horses, and the neighborhood was not going to know when someone had their permit. She was having trouble supporting this because of that, and with her particular district there were larger properties so their animals could be enduring this. Fire Chief Scott Lewis said Commissioner Jabbour was spot on with his concern regarding the aerials. With the 1 .3 product pre-inspections on the launch site were done, how the racks were set was looked at, and a determination made as to if the weather was conducive. There were a lot of stop mechanisms and precautions taken. May 3, 2022 33. For Possible Action Discussion and deliberation to consider amending Nye County Code Chapter 8.04 relating to licensing, regulating and controlling the use of all aerial 1.4-gram, Class C, consumer grade fireworks that are sold in Nye County at any of the licensed firework companies to authorize the use of consumer grade fireworks on private properties and other locations in Nye County other than the Town of Pahrump Fireworks Safety Site-Cont’d. In the event the 1 .4 product was deregulated to the point where it could be conducted in a residential environment, Chief Lewis pointed out that once the aerial left the tube there was no telling where it would land and the risk and liability of that was much broader than what was discussed here. He felt life safety considerations had to be put before the revenue.

Mr. Cox

said the 1 .3 fireworks went 300 to 600 feet in the air and exploded the size of football fields and bigger, so those had to be regulated. He disagreed with the County making everyone go to the site. Richard Goldstein said every year he worked with Zambelli Fireworks to put on the fireworks for the Town of Pahrump. To say that the Board had control over the fireworks was wrong. Once the fireworks left the ground there was no control over where they would land. If what Mr. Cox wanted to do was allowed, the first time a firework landed on someone’s roof and lit it on fire the County was liable because it allowed itto be done. Anthony Cox said he lived in Pahrump for 15 years and never heard of an incident of fireworks causing a major fire. He mentioned how children were not allowed on the shooting site. Elizabeth Cox said she also had never heard of aerial fireworks being the reason for a devastating or expensive fire. Also, as to the comment about animals, she pointed out there was a noise ordinance, which was there so people and animals could have peace. If someone was shooting fireworks during the allowed time, Ms. Cox said it did not matter what the animals felt about it. The point of the permit was not just to make money for the County but to also create responsibility. Chief Lewis advised there were numerous instances of accidental and intentional fires ignited annually by fireworks with structural loss, acres lost, and injuries. Samuel Jones said the town used to have great fireworks displays, but the last couple of years there were none. He thought it was ridiculous that he could not take his great grandchildren to see fireworks, even sparklers. He said there was nothing wrong with people having fireworks in their homes and on their property, but they had to be responsible about it. Diane Marie Holguin-Brooks said animals were a priority to most people in this community and their safety, concern and stress all needed to be taken into May 3, 2022 33. For Possible Action Discussion and deliberation to consider amending Nye County Code Chapter 8.04 relating to licensing, regulating and controlling the use of all aerial 1.4-gram, Class C, consumer grade fireworks that are sold in Nye County at any of the licensed firework companies to authorize the use of consumer grade fireworks on private properties and other locations in Nye County other than the Town of Pahrump Fireworks Safety Site-Cont’d. consideration. The other concern was fire. Pahrump was a very volatile area as far as water was concerned so there was a concern about fires being put out. She did not think there was anything wrong with a gathering of people getting together and getting a permit for a party keeping within the limitations of safety, which meant watering everything down, speaking with neighbors, and keeping dogs inside. To start blowing things up as far as fireworks was not acceptable and very dangerous. John Bosta suggested closing the fireworks businesses so fireworks would not be available in the town and there would be no problems.

Commissioner Jabbour

mentioned how fireworks could affect the veterans who had been to war.

Commissioner Blundo

said this item was to look into what Mr. Cox’s suggestion would look like. He asked at what point the Board stopped looking into things and just said no.

Commissioner Cox

asked Chief Lewis to present his reports on all the fires caused by fireworks to the Board soon because she had not heard of any except for a grass fire last year. As to the question about the fireworks going in the air, she went out and watched the display done the other night. When they went up in the air they died out before they hit the ground and would die out before they hit a roof. Commissioner Cox said this was about looking at the ordinance, not allowing people to have a free for all.

Commissioner Blundo

made a motion to entertain looking at amending Chapter 8.04, have staff work with Mr. Cox to get his thoughts and opinions, get insight from the fireworks industry as well, have the Board of County Commissioner have the input and look at what this would eventually become, and have it heard before the Board; seconded by Commissioner Cox; 5 yeas. 32. Presentation by Tim Bohannon, President of the Nevada Standardbred Association, Inc. regarding a possible project to build an equine performance center in Pahrump, NV. Tim Bohannon and Mike Hyde gave a presentation on a proposed equine performance center in Pahrump. Jeff Zidek said he had been in horse racing for 35 years and felt Pahrump would be a good retirement place for him to use his skills. He looked forward to the opportunity to see if something could get going. May 3, 2022 The Board was in recess until 2:45 p.m.

Commissioner Cox

was not present. TREASURER 24. Presentation by the Nye County Treasurer, Mark Kampf on department updates and progress since his appointment to office. Interim Treasurer Mark Kampf said the office was now down four positions versus the seven authorized. He was looking to fill those positions as quickly as possible and see a resolution of the investigation being done on two individuals. He was completing the bank reconciliation process for January, 2022, through April, 2022, simultaneously as it was more efficient. He was changing the format to improve readability and to have a more logical flow of information. Mr. Kampf discussed the investment portfolio, including the unrealized losses. He then advised the properties approved for purchase by Nye County at the last meeting were under review. Per NRS another 90-day notice period needed to be provided to the owners. He asked Lorina Dellinger and Samantha Tackett in the future to set a calendar notification for December so when those properties were identified the 90-day notice would satisfy both the Treasurer’s trust auction and the properties wanted by the County. Mr. Kampf was personally reviewing all of the properties because he was finding some anomalies that would put the County further into trouble on some of the trust properties sold. The process of getting correct addresses for the 90-day notice needed to be examined. Mr. Kampf was working with the banks to develop standard queries and he would do the same thing with Eden.

Commissioner Blundo

asked Mr. Kampf when the report was expected to come before the Board.

Mr. Kampf

said he was going to try his best to have it by the next meeting. He explained he was prioritizing the issues that would protect the County from any undue adverse action by people who felt their properties were taken away from them without proper due diligence. He had been in communication with the State and advised them of the situation. They offered to help and expressed their understanding. DISTRICT COURT 22. For Possible Action Discussion and deliberation to approve the open position, Court Administrator, as a Public Employee Retirement System (PERS), Critical Needs position, per NRS 286.523; which allows District Court to reemploy a retiree for a limited time, while District Court is searching for a replacement. This item was removed from the agenda. May 3, 2022 23. For Possible Action Discussion and deliberation to approve the open position, Court Reporter, as a Public Employee Retirement System (PERS), Critical Needs position, per NRS 286.523; which allows District Court to reemploy a retiree for a limited time, while District Court is searching for a replacement. Judge Robert Lane’s Judicial Secretary Louise Mulvey explained in district court the transcript was the official record and they were having difficulty getting a court reporter since the prior one retired. She knew justice court had advertised for the position for at least a couple of years and had not been able to fill it. Mrs. Mulvey made calls to agencies and individuals, but she did not get return calls or e-mails. She was told by two different agencies in Las Vegas that no one wanted to come out to Pahrump because they made more where they were at. She said the reporter who retired was willing to come back and work part-time, but it had to be approved through PERS, and in order to have that approval it had to be deemed a critical needs position. Mrs. Mulvey said a trial had to be delayed because she could not get a reporter.

Commissioner Blundo

made a motion to approve the open position, court reporter, as a PERS critical needs position per NRS 286.523; seconded by Commissioner Strickland.

Commissioner Jabbour

said it had been two months since the reporter retired, so the advertisement had not been out there long. In doing some of his research he learned the U.S. Bankruptcy Court District of Nevada used a digital audio recording system, which replaced the court reporter’s position. He asked if that was a possibility and if

Mrs. Mulvey

thought it would work in the courtrooms.

Mrs. Mulvey

was not sure. She spoke with a JEA in Clark County who told her they were considering going to hiring reporters instead of a court reporter. She said it could be looked into, but it required quite a bit of time that she had not had.

Commissioner Jabbour

said he did not want to approve this critical position when it had only been two months.

Commissioner Strickland

asked Human Resources Manager Elona Goidner for insight on what was going on filling the positions.

Ms. Goldner

advised they were posted in the usual locations, but this was difficult because it was so specialized. She could try the Las Vegas Review Journal and see if someone was willing to come out.

Commissioner Strickland

asked Commissioner Jabbour to consider going for this part time position now and find an innovative way to do it better.

Ms. Goldner

noted the critical needs position was for a limited time.

Commissioner Strickland

asked if it cost the County more than it would if she were not a retired person. May 3, 2022 23. For Possible Action Discussion and deliberation to approve the open position, Court Reporter, as a Public Employee Retirement System (PERS]JL Critical Needs position, per NRS 286.523; which allows District Court to reemploy a retiree for a limited time, while District Court is searching for a replacement Cont’d.

Ms. Goldner

explained that being a critical needs position it allowed her to keep her PERS and the County to pay her PERS.

Commissioner Jabbour

pointed out the limited time was two years, which was a long time, not temporary.

Ms. Goldner

clarified that was the maximum length of time.

Commissioner Carbone

asked if this had been advertised nationwide, to which Ms. Goldner responded no.

Commissioner Carbone

thought the Board should move forward, but limit it to six months and have it revisited. He hoped in six months something could be posted nationwide.

Commissioner Blundo

stated his motion stood. He did not see an increased cost and mentioned the backlog that might occur if the Board did not move forward at this point.

Commissioner Strickland

withdrew her second. Public Information Officer Arnold Knightly addressed the outreach issue. Every time this came around it was posted on Facebook and he also sent it out to his statewide e mail group. The last time it went out was March 14, 2022, and Beatty resent what he sent, so they were trying in the State to fill any open positions in the County.

Commissioner Carbone

asked if this would be a contract or normal employment and if it could be cancelled at any time.

Ms. Goldner

said it would be normal employment. A length of time could be put in the offer letter, or it could state temporary for two years until filled. Tim Sutton said the Court Administrator in justice court advised they were also having difficulty finding a court reporter and were making multiple mass mailings in the State with no response.

Commissioner Jabbour

asked Mrs. Mulvey if this position could be shared with justice court.

Mrs. Mulvey

said the employee position would be for district court, although in the past justice court had borrowed the court reporter. If the court reporter worked on a contract May 3, 2022 23. For Possible Action Discussion and deliberation to approve the open position, Court Reporter, as a Public Employee Retirement System (PERS), Critical Needs position, per NRS 286.523; which allows District Court to reemploy a retiree for a limited time, while District Court is searching for a replacement Cont’d. basis then that court reporter could do what she wanted, and that was what the retired reporter had in mind so she could help everyone out.

Commissioner Strickland

re-seconded the motion to approve the open position, court reporter, as a PERS critical needs position per NRS 286.523; 4 yeas. FINANCE 25. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2022-21: A Resolution authorizing the Nye County Treasurer to transfer funding from Nevada State Bank to Zion Bank. This item was removed from the agenda. 26. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2022-22: A Resolution to Augment and Amend the 2021 -2022 Budget of Nye County, State of Nevada 10608 Risk Management $3,200,000.00

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland. Savannah Rucker explained when the Board went self-insured last year the budget for FY22 was already adopted. This was rectifying the budget that was not adopted. It was not new found money. It was just taking care of the workers’ compensation charges.

Commissioner Blundo

made a motion to award Bid No. 2022-07, Gabbs Rehab Runway, to A & K Earthmovers in the amount of $238,000.00, fund $223,125.00 from 10340 Grants and $14,875.00 from 10209 Airports, and authorize the County Manager to execute; seconded by Commissioner Jabbour; 4 yeas. 28. For Possible Action Discussion and deliberation to: 1) Approve funding in the amount of $250,000.00 for a roundabout to be constructed at SRI 60 and Dalton Street, Pahrump NV for access to the Pahrump Fairgrounds and the Silverton Hotel; and 2) Fund from fund 10250 Impact Fees. This project was approved by the Pahrump Regional Planning Commission, sitting as the Capital Improvements Advisory Committee at its August 14, 2019, and October 9, 2019 meetings, and by the Nye County Board of Commissioners at its December 17, 2019 meeting.

Commissioner Blundo

made a motion to approve funding in the amount of $250,000 for the roundabout constructed at SRi 60 and Dalton for Pahrump Fairgrounds access and the Silverton and fund from 10250 Impact Fees; seconded by Commissioner Strickland. Craig Cavileer, CEO of Silverton Casino, was available to answer questions and thanked the Board for their support.

Commissioner Carbone

said during the debates with Commissioners Blundo and Jabbour a third or better of the people present questioned him about this roundabout. They were concerned about the process and how it was going to work coming off a 70 mph road down to 25 mph or 30 mph. Another concern was why the County was contributing to the roundabout and he explained it was because of the fairgrounds entry.

Commissioner Blundo

said this was the County’s contribution to improve that intersection. Tom Boiling added with growth came either a traffic light or a roundabout. May 3, 2022 28. For Possible Action Discussion and deliberation to: 1) Approve funding in the amount of $250000.00 for a roundabout to be constructed at SRI 60 and Dalton Street, Pahrump NV for access to the Pahrump Fairgrounds and the Silverton Hotel; and 2) Fund from fund 10250 Impact Fees. This project was approved by the Pahrump Regional Planning Commission, sitting as the Capital Improvements Advisory Committee at its August 14, 2019, and October 9, 2019 meetings, and by the Nye County Board of Commissioners at its December 17, 2019 meeting-Cont’d.

Commissioner Strickland

made a motion to accept the offer of dedication for road rights of-way as stated and read; seconded by Commissioner Blundo acknowledging that the East Fort Churchill Road was a general County road and North Becky Lane was a minor County road; 4 yeas. May 3, 2022 31. For Possible Action Discussion and deliberation to: 1) Approve and accept the 80 ft wide and 17793.6 ft long of Right of Way Grant (Serial # N-I 00146) from the Bureau of Land Management for the Spring Meadows Road; and 2) Accept maintenance of the granted area.

Commissioner Strickland

made a motion to approve and accept maintenance; seconded by Commissioner Blundo; 4 yeas.

Commissioner Blundo

said today was National Teacher’s Day. It was also Military Appreciation Month and he asked Arnold Knightly to work on a proclamation or resolution for that for the next Pahrump meeting.

Commissioner Strickland

said during an agenda item today it became apparent more needed to be done by the Nye County Water District Governing Board. She wanted to make sure the request was brought to them so they could make the determination if a BDR was necessary so the individuals were not taxed on parcels but rather the water right holder was the taxation base.

Commissioner Jabbour

reminded everyone to spay and neuter their pets.

Commissioner Carbone

said he appreciated everyone’s participation. He knew some items got a little testy and he hoped everyone could get past any issues to work as a team. Tim Sutton said the Board approved item 8, but then talked about bringing it back. He asked if that was direction to staff or if it should be left approved.

Commissioner Carbone

said it was approved, but he would like to get the information on it distributed to make sure there was nothing there that warranted it being brought back. ______________day _______________________ May 3, 2022 35. Commissioners’IManager’s Comments (This item limited to announcements or topic/issues proposed for future workshopslagendas)-Cont’d. Sam Merlino asked if there was something else the Clerk’s Office could do. They were required to accept the application and get it on the agenda and did not have the authority to refuse it. Samantha Tackett explained when they received the requests for agenda items for the public hearing she immediately sent it out to the parties involved. Historically the applicants had not always had a plan. It was the larger events where it had become required because of the high participation.

Mr. Sutton

explained the Code only required the things specified on the application. The Board had the ability to make conditions upon approval about adequate drinking water, sewage system, etc., that would normally be set forth in a plan, but that was not required and he thought that was where the disconnect was.

Commissioner Carbone

felt the application probably needed to be looked at and he directed staff to do that.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of \ uJ1 , 2022. . Chair 7 NyConty Clerk / Deputy