May 17, 2022

Sheriff Wehrly

was not present at this time.

Commissioner Strickland

said she would talk with Ms. Hollis.

Dr. Steven

Hall, chaplain for the yEW, announced they would have a Memorial Day ceremony on Memorial Day at the yEW, 4651 Homestead, beginning at 10:00 a.m. and everyone was invited. At 11:00 a.m. they would do a flag retirement and everyone could bring their tattered flags. May 17, 2022 2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first)-Cont’d. Bruce Schoenberger noted May was Veterans’ Appreciation Month. He volunteered at the American Legion which met at the VFW, and they would have an extravaganza event on May21, 2022, from 11:00 am. to 2:30 p.m. Faith Bosket said she was a midwife and on May 18, 2022, at 6:00 p.m. she would provide breast feeding support. They were at the Faith Haven Fellowship on Highway 1 60 the first, second and third Wednesdays. Michael Noyes asked that his written statement be included in the minutes [see Attachment 1]. He talked about an incident where he was arrested without being properly identified by the deputies along with two other individuals, and how they were called sovereign citizens, which they were the opposite of since they were United States Nationals and not United States citizens. Mr. Noyes’ wife bailed him out, but the two other individuals were still in jail, and he had not been able to make an appointment with the District Attorney to discuss the matter. He wondered what was going on in the District Attorney and Sheriff’s Offices. Samuel Jones said sad times in the country bothered everyone. He always believed in the Constitution, and knowledge meant everything. He had booklets on the U.S. Constitution, the Declaration of Independence, the Bill of Rights, and people’s rights as jurors for the Commissioners and staff. Robert Sturgeon thanked the Commissioners for serving and taking care of the people in Pahrump. Steven Pace stated in the next week people would see a lot of changes in the country. A lot of things would come to light that the people never knew about. Government had taken over the whole country and was making decisions for everyone. Mr. Pace suggested people look up Nesara Gesara.

Commissioner Blundo

acknowledged Arthur Hodge, who did a lot of work with the JROTC. He advised the ROTC program at the high school was coming to an end and he knew people were trying to find someone to step into that role. The Pahrump Library Board of Trustees was doing really good things and he was proud of their work.

Commissioner Blundo

asked for a presentation time to be scheduled for them in the near future. Social Security had restarted their program and were now doing meetings on Zoom. Lastly, Commissioner Blundo said on May 20, 2022, the Governor would sign ending the state of emergency. He asked the County Manager to have an item to end the County’s state of emergency and return to pre-COVID operations. May 17, 2022 3. Commissioners’/Manaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d.

Commissioner Cox

said a grand Jury was requested a year ago and she asked for the status. Chris Arabia explained there were two ways to go about it. A request could be put into the court, which was what he did, and the other was a citizens’ petition. It was on track until September or October, 2021, and he did not know beyond that. Ultimately it was a decision made by the court unless the citizenry decided to get the signatures required for a petition. If the petition was valid the court would have to move the grand jury forward.

Commissioner Cox

asked if the fire station on Bell Vista and Barney had been manned. Fire Chief Scott Lewis said it was not manned yet. It had apparatus in it and he was waiting for electric to be installed. The manufactured dwelling was scheduled for arrival in June, 2022. Once that was set and power was connected it would be manned.

Commissioner Cox

said she heard Herman Lewis regarding the fireworks issue. She explained all the Commissioners had done was approve looking at it. When the Board actually looked at it she would like Mr. Lewis to look at it with them for potential changes. Regarding the grand jury, Commissioner Jabbour asked Mr. Arabia who would be responsible to take over the petition and how many signatures were required.

Mr. Arabia

said pretty much anyone, elected or citizens. He was not sure how many signatures were needed, but it was a lot, and he would get back to the Commissioner with that.

Commissioner Jabbour

said he would like to know that number so if there were people interested in doing that they knew what was required.

Commissioner Carbone

said Fred Waggoner was the new director of the Nevada Department of Veterans Services. There would be a veterans’ festival on Saturday, June 11, 2022, at the Pahrump Nugget. Sam Merlino advised the ballots were mailed out on May 13, 2022. The voter file was pulled on April 29, 2022, so anyone who changed their address or their party after that date would get that first ballot and then be sent a second ballot directly from her office. She encouraged anyone who had done that to destroy the first ballot and vote the second ballot. If someone attempted to vote both ballots, the system would not allow it, but it would be up for investigation and prosecution. Also, sample ballots were mailed out and the mailing house made an error that affected precincts 19,16, and 27 and some of those precincts got both sample ballots. The mailing house was correcting that, but the sample ballots had nothing to do with the ballots as they were two different May 17, 2022 3. Commissioners’IManaqer’s Comments (This item limited to announcements or topic/issues proposed for future workshopslaqendas)-Cont’d. companies. Mrs. Merlino asked people to contact her office if they received a sample ballot for a precinct other than the one they should have received. Planning Director Brett Waggoner said the Mount Charleston loop was re-addressed and in looking at some of the records he saw there were a lot of people on the voter list still showing their old address. He asked if that was brought to anyone’s attention or if it could be corrected so people could get their ballots.

Mrs. Merlino

said her office would check on that. Contracts and Grants Manager Stephani Elliott said the 51st annual Jim Butler Days in Tonopah, the County seat, would start on May 22, 2022. On May 27, 2022, the activities would happen, and on Monday there would be three different VFW Memorial Day ceremonies. Fire Chief Lewis talked about the burn moratorium which would go into place on Monday and what they had done to prepare for the season. Public Information Officer Arnold Knightly advised today was the final pod for vaccines due to the State’s end of the emergency. Starting next Monday it would be by appointment only. He was also told today the State hired a new health nurse for Tonopah who should start at the end of the month. Fire Chief Lewis added the first of the two mobile vaccine pod vehicles had been received and would be demonstrated at a conference in Fallon. Interim Treasurer Mark Kampf stated the bank reconciliation and Treasurer’s report would be delivered at the special meeting or the first meeting in June, 2022, which would include January through April, 2022. He had pending hires for two positions, and the positions of the individuals on administrative leave were left open and would remain open until a final determination was made.

Mr. Arabia

explained to have a citizens’ group do a grand jury five registered voters would form a committee and submit an affidavit to the Clerk. At that point they had 180 days to submit a petition with signatures of at least 25% of the people who voted in the last election, so roughly 5,000 signatures would be needed.

Mr. Waggoner

referred to Resolution No. 2004-29, which set a schedule as far as the building valuation data sheet used to calculate permit fees. They were currently working off of the 1997 version as the resolution was never implemented. He said there was a notice going out to all builders that the County was implementing that building valuation sheet starting with 2018 on July 1,2022. May 17, 2022 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future works hopslagendas)-Cont’d. Regarding the racetrack, Commissioner Cox said there were lots of complaints from people that lived around the area, including making the business portion of that project aware of the fact that there was a lot of competition coming up and they might want to reconsider because most of them were complaining about it being in a residential area. Assessor Sheree Stringer advised on March 3, 2021, the changes were made to Mount Charleston and she hoped the people updated their addresses.

Commissioner Blundo

asked what the opening date would be. Brandon Wiegand said they planned and were trying to be open by July 2, 2022. If that did not happen, then no later than the first or second week of July, 2022.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland; 5 yeas. May 17, 2022 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 10. For Possible Action Discussion and deliberation to adopt Town of Pahrump Proclamation P2022-01: A Proclamation Recognizing August 7, 2022 as Purple Heart Day in the Town of Pahrump. SITTING AS THE BOARD OF COUNTY COMMISSIONERS PUBLIC PETITIONER

Commissioner Strickland

made a motion to adopt; seconded by Commissioner Cox. Tom Waters thanked the Commissioners for their support of all of the Purple Heart recipients and their families.

Dr. Steven

Hall also thanked the Commissioners for all they did for the veterans in the County.

Commissioner Blundo

made a motion to adopt Nye County Proclamation No. P2022-04 proclaiming the month of May as Military Appreciation Month in Nye County; seconded by Commissioner Strickland; 5 yeas. COUNTY MANAGER 33. For Possible Action Discussion and deliberation regarding approval to provide Program Funding to the Disabled American Veterans (DAV) Chapter 15 in the amount of $4600.00 to fund the Veteran Service Officer’s (VSO) office located in the Lobby of the Desert View Hospital to be funded by 10210 Veterans Services fund.

Commissioner Blundo

made a motion to approve the funding and fund from 10210 Veterans Services Fund; seconded by Commissioner Jabbour. May 17, 2022 33. For Possible Action Discussion and deliberation regarding approval to provide Program Funding to the Disabled American Veterans (DAV) Chapter 15 in the amount of $4,600.00 to fund the Veteran Service Officer’s (VSO) office located in the Lobby of the Desert View Hospital to be funded by 10210 Veterans Services fund-Cont’d. Bob Hammond, Chapter Service Officer for DAV Chapter 15, thanked the Commissioners for their support.

Commissioner Blundo

made a motion to approve and fund from 10210 Veterans Services Fund in the amount of $1 5,000.00; seconded by Commissioner Strickland. Michelle Carid, Chair of the Pahrump Valley Transportation Board and the person who oversaw the veterans program, said when they took the program over they looked forward to expanding it, but with costs escalating and the cut in their budget that did not come to fruition. She thanked the Commissioners for the funding.

Commissioner Blundo

made a motion for items 11-1 5 and 37 to set the public hearing for Pahrump, Beatty, Gabbs, Manhattan, the Pahrump Pool District, and Nye County for 10:00 a.m. at the Board of County Commissioners’ meeting on May 26, 2022; seconded by Commissioner Strickland; 5 yeas. May 17, 2022 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 12. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2022-2023 final budget for the Town of Beatty.

Commissioner Blundo

made a motion for items 11-15 and 37 to set the public hearing for Pahrump, Beatty, Gabbs, Manhattan, the Pahrump Pool District, and Nye County for 10:00 a.m. at the Board of County Commissioners’ meeting on May 26, 2022; seconded by Commissioner Strickland; 5 yeas. GABBS 13. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2022-2023 final budget for the Town of Gabbs.

Commissioner Blundo

made a motion for items 11-15 and 37 to set the public hearing for Pahrump, Beatty, Gabbs, Manhattan, the Pahrump Pool District, and Nye County for 10:00 am. at the Board of County Commissioners’ meeting on May 26, 2022; seconded by Commissioner Strickland; 5 yeas. MANHATTAN 14. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2022-2023 final budget for the Town of Manhattan.

Commissioner Blundo

made a motion for items 11-15 and 37 to set the public hearing for Pahrump, Beatty, Gabbs, Manhattan, the Pahrump Pool District, and Nye County for 10:00 a.m. at the Board of County Commissioners’ meeting on May 26, 2022; seconded by Commissioner Strickland; 5 yeas. AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT 15. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2022-2023 final budget for the Pahrump Pool District.

Commissioner Blundo

made a motion for items 11-15 and 37 to set the public hearing for Pahrump, Beatty, Gabbs, Manhattan, the Pahrump Pool District, and Nye County for 10:00 a.m. at the Board of County Commissioners’ meeting on May 26, 2022; seconded by Commissioner Strickland; 5 yeas. May 17, 2022 SITTING AS THE BOARD OF COUNTY COMMISSIONERS FINANCE 37. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2022-2023 final budget for Nye County.

Commissioner Blundo

made a motion for items 11-15 and 37 to set the public hearing for Pah rump, Beatty, Gabbs, Manhattan, the Pahrump Pool District, and Nye County for 10:00 am. at the Board of County Commissioners’ meeting on May 26, 2022; seconded by Commissioner Strickland; 5 yeas. TIMED ITEMS 6. 10:00 a.m. Presentation of the 3rd Quarter of Fiscal Year 2021-2022 by Hayley Maio, Extension Educator for Southern Nye County and Misha Allen, Extension Educator for Northern Nye County. Hayley Maio and Misha Allen gave their third quarter report. 7. 10:00 a.m. For Possible Action Continued 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. Doug Dubin said this would be the ninth annual Pahrump Balloon Festival. In the last couple of weeks he met with Parks and Recreation staff and worked out the issue with the carnival as well as the car show. Yesterday staff sent him a message that there would be construction on Basin, so he got back on the phone this morning and had worked out details on the car show at this point and would continue working on it. It could either go back on the frontage road between Bob Ruud and the fire station, or it could go on the soccer field, which Jimmy Martinez was not adverse to. Mr. Dubin was also working with Public Works that as they tore up the road they would work on dust mitigation.

Commissioner Carbone

opened and closed the public hearing. Public Works Director Tom Boiling confirmed the Basin improvements were worked out this morning.

Commissioner Blundo

made a motion to issue the outdoor festival license to Doug Dubin for the festival on November 11-13, 2022, at Petrack Park; seconded by Commissioner Strickland; 5 yeas. May 17, 2022 8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on ZCMP-22-3: An application for a Conforming Zone Change to change approximately 82.44 acres from Specific Plan (SP) to 74.03 acres of Rural Homestead (RH-4.5) and 8.41 acres of General Commercial (GC) on property located at 4500 N. Blagg Rd, Pahrump, NV, Assessor’s Parcel Number 043-141-12. Harris, Ltd. Property Owner. Dan Harris Applicant. — —

Commissioner Carbone

opened the public hearing. Dan Harris explained this clarified what they were doing with the property on Harris Farm and Blagg. They currently had a shop and greenhouses on the corner which had basically been used as commercial, but technically it had not been zoned commercial. This would clarify the usage of that corner in addition to 70 acres going south along Blagg as 4.5, which would allow them to continue their farming operations.

Commissioner Carbone

closed the public hearing.

Commissioner Strickland

made a motion to approve ZCMP-22-3 based on the RPC recommendations and staff findings; seconded by Commissioner Blundo; 5 yeas. 9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to abandon and relinquish back to D.R. Horton, Inc. a Delaware Corporation, 5.00 foot of Right-of-Way (ROW) of the interior street ROW’s, East Celebrate Ranch Way and North Shaded Canyon Dr. for Assessor’s Parcel Numbers (APN) 035-671- 06 through 035-671-11, 035-672-02 through 035-672-07, 035-672-10 through 035- 672-17, 035-673-02 through 035-673-08, 035-673-11 through 035-673-17, 035-681 -01 through 035-681-17, 035-682-02 through 035-682-08, 035-682-11 through 035-682- 17, 035-683-02 through 035-683-08, 035-683-11 through 035-683-17, 035-671-02 through 035-671 -05 and the portion of the ROW E. Celebrate Ranch Way to be abandoned to the Northern Line of APN 035-671-06, 035-674-02 through 035-674- 12, 035-681-17 through 035-681 -19 and the portion of the ROW for N. Shaded Canyon Dr. to be abandoned to the East line of APN 035-681-16, 035-672-01, 035- 672-08, 035-672-09, 035-672-18, 035-673-01, 035-673-09, 035-673-10, 035-673-18, 035-682-01, 035-682-09, 035-682-10, 035-682-1 8, 035-683-01, 035-683-09, 035-683- 10, 035-683-1 8, 035-671-01, 035-674-01, 035-674-1 3, 035-681 -20 located within the Town of Pahrump, Nye County, Nevada.

Commissioner Carbone

opened the public hearing. Ammie Nelson said she had talked to a person who had been asking for a right-of-way between her property and the property behind her. She asked how this would affect campaign signs, road improvements, widening and those kinds of issues that might come up.

Commissioner Carbone

advised Ms. Nelson that was off the agenda item and closed the public hearing. May 17, 2022 9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to abandon and relinquish back to D.R. Horton, Inc. a Delaware Corporation, 5.00 foot of Right-of-Way (ROW) of the interior street ROW’s, East Celebrate Ranch Way and North Shaded Canyon Dr., etc.-Cont’d.

Commissioner Blundo

made a motion to abandon and relinquish back to DR. Horton the 5-foot right-of-way on everything described in the item; seconded by Commissioner Jabbour; 5 yeas. 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. 16. For Possible Action Approval of the meeting minutes from the joint regular meeting on April 5, 2022, and emergency teleconference on April 11, 2022.

Commissioner Strickland

made a motion to approve items 16-22; seconded by

Commissioner Blundo

; 5 yeas. 17. For Possible Action Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens.

Commissioner Strickland

made a motion to approve items 16-22; seconded by

Commissioner Blundo

; 5 yeas. 18. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in August for Tuesday, August 16, 2022, in Pahrump, NV.

Commissioner Strickland

made a motion to approve items 16-22; seconded by

Commissioner Blundo

; 5 yeas. 19. For Possible Action Approval of Assessor’s Office Change Requests to allow the Nye County AssessorlTreasurer to process and: 1) Issue a refund in the amount of $750.33 to Nathan & Tern J0 Hook, owners of 3330 Vanguard Ave., Pahrump, NV, Assessor’s Parcel Number 040-542- 05.

Commissioner Strickland

made a motion to approve items 16-22; seconded by

Commissioner Blundo

; 5 yeas. May 17, 2022 20. For Possible Action Approval to: 1) Accept the Federal Fiscal Year 2021 Emergency Management Performance Grant (EMPG), Award # EMF-2021-EP- 00005-SOl through the State of Nevada Department of Public Safety, Division of Emergency Management in the amount of $60,519.00 with a County Match of $60,519.00 for 50% of the Personnel costs of the Director of Department of Emergency Management for the grant period effective September 1, 2020 — September 30, 2022; 2) Delegate a one-time authorization to Comptroller Savannah Rucker to execute the award documents through the online portal; and 3) Fund $60,519.00 from Grants 10340, and $60,519.00 from General fund 10101.

Commissioner Strickland

made a motion to approve items 16-22; seconded by

Commissioner Blundo

; 5 yeas. 21. For Possible Action Approval to: 1) Accept the Federal Fiscal Year 2021 Emergency Management Performance Grant American Rescue Plan Act (ARPA EMPG) Award # EMF-2021-EP-00013-S01 through the State of Nevada Department of Public Safety, Division of Emergency Management in the amount of $17,048.00 with a County Match of $17,048.00 to construct and install a storage building for the Department of Emergency Management; 2) Delegate a one-time authorization to Comptroller Savannah Rucker to execute the award documents through the online portal; and 3) Fund $17,048.00 from Grants 10340, and $17,048.00 from General fund 10101.

Commissioner Strickland

made a motion to approve items 16-22; seconded by

Commissioner Blundo

; 5 yeas. 22. For Possible Action Approval to: 1) Allow the Town of Tonopah to proceed without further solicitation for Contract PWP-NY-2022-188 for the Community Development Block Grant (CDBG) award #CDBG-CV 211PF107 for the Town of Tonopah Union PlazalEvents Plaza and Convention Center Parking Prolect. There is no cost to the County.

Commissioner Strickland

made a motion to approve items 16-22; seconded by

Commissioner Blundo

; 5 yeas. COUNTY MANAGER 32. For Possible Action Discussion and deliberation to accept or reiect any or all bids for Resolution No. 2022-05: A Resolution of Intent to Sell county-owned property, specifically identified as 1501 and 1503 E. Calvada Blvd, Pahrump NV, Assessor’s Parcel Number 042-041 -35, located in Section 23 and 26, Township 20 South, Range 53 East, F#173521 P.IB 3.83 Acres Calvada Valley Unit 3, more commonly known as Pahrump Medical Center.

Commissioner Carbone

asked if any written sealed bids were received, to which Sam Merlino responded no. May 17, 2022 32. For Possible Action Discussion and deliberation to accept or reiect any or all bids for Resolution No. 2022-05-Cont’d.

Commissioner Carbone

asked if there were any oral bidders present. Joseph Kennedy (bidder 47) and Mark Miyaoka (bidder 48) were present.

Commissioner Blundo

stated the bidding opened at $2 million.

Mr. Kennedy

bid $2 million.

Mr. Miyaoka

bid $2.1 million.

Mr. Kennedy

bid $2.25 million.

Mr. Miyaoka

bid $2.3 million.

Mr. Kennedy

bid $2.4 million.

Mr. Miyaoka

bid $2.5 million.

Mr. Kennedy

bid $2.55 million.

Mr. Miyaoka

bid $2.6 million.

Mr. Kennedy

had no further bid.

Commissioner Carbone

asked if Mr. Miyaoka understood the conditions in the resolution, to which Mr. Miyaoka responded he did.

Commissioner Blundo

made a motion to accept the high bid of $2.6 million from bidder card 48; seconded by Commissioner Strickland. Sam Jones asked if the tax dollars would be returned since that used to be a hospital that taxes were paid on for several years. Earl Jones asked what the person was going to build there. Richard Goldstein wanted to know who the winning bidder represented.

Commissioner Carbone

said the resolution would be accepted in the next 30 days and asked what the date would be. Lorina Dellinger said it was tentatively scheduled for June 22, 2022. May 17, 2022 32. For Possible Action Discussion and deliberation to accept or reject any or all bids for Resolution No. 2022-05-Cont’d.

Commissioner Carbone

told Mr. Miyaoka that by June 22, 2022, all money must be deposited within the County’s treasury to be credited to the general fund.

Commissioner Jabbour

said at a Commission meeting in December, 2021 the Commissioners unanimously voted that the court order filed by Judge Lane in February, 2010, only applied to the Fifth Judicial Courtrooms 1 and 2 and to their administration areas. The postings prohibiting weapons in the County complexes were removed, but shortly thereafter they were put up again. Commissioner Jabbour thought they were put back up because the judges wanted someone arrested and wanted them to go through the appeal process to the Nevada Supreme Court for an opinion. He said there was already an opinion from that court and there were NRSs that allowed people to do what they were doing. He said he received many call asking for help with this as people from Mercury or the Test Site came into the complexes and concealed carry. If they were arrested they would have to report that to their employers. They would be immediately terminated and would lose their top secret clearance because of a definition of a courthouse, which had two. One was where a judge presided over court proceedings, and the other was where County administration had their offices in a courthouse.

Commissioner Jabbour

totally disagreed with bringing a weapon into a courtroom, but a complex governed by the County Commissioners gave them the authority to say it was allowed as they were following the NRSs and the Constitution. He felt the solution was to relocate the Fifth Judicial Court 1 and 2. Samuel Jones said he always open carried in the complex from the day it was opened. The judges were too tyrannical and he suggested the County sell the old animal shelter to them to do what they wanted since putting them in any other County complex would cause the same problem. Steven Pace thought it was settled last time, but the judges went to the media which he felt was unprofessional. They did not negotiate or find a way to work together and just wanted to tell everyone what to do. Stevie Pace said the judges had decided people should not be allowed to carry in the building, which would be understandable if it was only a policy for the courtroom. She understood the judges shared a complex, but they could try to find a solution instead of taking away people’s rights. Ms. Pace reminded the judges they were public servants who had to uphold and abide by the law, not alter or completely disregard it. She asked the Commissioners to persist in their efforts to get their rights back as well as the rights of the people. Herman Lewis thought this was overreach from the judiciary and the Commissioners were bound to take back control. He supported moving the judges to a different location. May 17, 2022 30. For Possible Action Discussion and deliberation to: 1) Relocate the Fifth Judicial District Departments I and 2, courtrooms and staff from the Ian Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah to locations determined by the Board of County Commissioners; and 2) Establish a timeline for the relocation-Cont’d. John Bosta suggested moving the judges to the old courthouse in Tonopah. He also pointed out that the County had to provide a district court in the County seat and did not have to have one in Pahrump. Ammie Nelson said she had to walk through a machine when she went to Pahrump Justice Court a few weeks ago and she thought the Commissioners had voted to not do that. She asked who was responsible for enforcing that. She was not sure about moving considering the existing parking issues in the Pahrump location and suggested enforcing what the Commissioners voted on instead. Earl Jones suggested having lockers for people to put their guns in before they walked into a courtroom. Diane Marie Holguin-Brooks said guns were very dangerous and a lot of people faked their background checks. Guns were also getting into the wrong hands. A variety of issues were addressed in courtrooms and she did not feel that everyone should be able to go into a courtroom with a gun.

Sheriff Wehrly

was present and advised when she was elected in 201 5 she had a sign on the door pointed out to her which she tore off. In her opinion that portion of the building belonged to her and she should have the right to say yes or no to enforcing the Constitution. She stated she would enforce the Second Amendment and the Constitution.

Commissioner Blundo

understood the premise of needing to move the judges and asked why options could not be looked at to allow folks to exercise their constitutional right, such as a private security contract to have additional security designated for the common areas that the County controlled. He also thought weapon lockers would be needed.

Commissioner Cox

wondered why the Commissioners’ decision was not enforced. The signs needed to come back down and if they were put back up the judges needed to be charged. They only ran their courtrooms, not the County complexes.

Commissioner Carbone

said they wanted someone to enter the complex with a weapon so it could be appealed to the Supreme Court to get a ruling that guns were not allowed in a County complex. Unfortunately the Supreme Court would agree with them.

Commissioner Strickland

felt the judges had given the Board an opportunity for change and change could be good, especially with the growth. She suggested moving them into a complex that they could be in total control of and the County could expand the facilities May 17, 2022 30. For Possible Action Discussion and deliberation to: 1) Relocate the Fifth Judicial District Departments I and 2, courtrooms and staff from the Ian Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah to locations determined by the Board of County Commissioners; and 2) Establish a timeline for the relocation-Cont’d. to take care of the people out of capacity in the complex in Pahrump. She was not that familiar with the complex in Tonopah.

Commissioner Cox

asked if the County had to provide space for free or if the County could provide a building to rent or buy.

Commissioner Jabbour

said NRS 3.100 was very clear that the counties were to provide space, but it did not say how much. It also read that the County had to provide lamp oil because the NRS was written many years ago, but the lamp oil translated to utilities, which the County had been paying. It also clearly said that the County must provide stationary and office supplies and could not charge them anything. Tim Sutton contacted the District Attorney for legal advice because the court order was still in place and anyone who took the signs down would be in contempt of court. The Board did not want to violate that and had respect for the justice system, but the judges were not reciprocating. Commissioner Jabbour asked Chris Arabia if jury selection duty was part of court proceedings.

Commissioner Jabbour

pointed out in the second week of December, 2021, the Fifth Judicial Court reserved Commission chambers in Pahrump for jury selection duty. The Commission offices were on the other side of the wall, which according to the court order would be an annex to their court proceeding of jury selection as the order referred to annexes where judicial procedures were being conducted.

Mr. Arabia

said jury selection was done in chambers in 2020 as well, but that was due to COVID. Also, the word “its” and based on the way that sentence was written he did not think it implied it would be a building somewhere else. He thought a judge would look at that and think it was a special case. Commissioner Jabbour had a valid point, but Mr. Arabia thought in that situation a judge would not have gone forward.

Commissioner Strickland

noted it said or other location where judicial proceedings were conducted, so she thought it would have. Anticipating the embattlement the Commissioners had incurred it would have been a great opportunity to be thrown in jail and go through the process.

Commissioner Blundo

said the judges informed the media they did not want to attend this meeting, which he found disheartening. He did not understand why they would not come and talk. May 17, 2022 30. For Possible Action Discussion and deliberation to: 1) Relocate the Fifth Judicial District Departments I and 2, courtrooms and staff from the lan Deutch Government Complex in Pahrump and the William P. Beko Justice Complex in Tonopah to locations determined by the Board of County Commissioners; and 2) Establish a timeline for the relocation-Cont’d.

Commissioner Jabbour

made a motion to relocate the Fifth Judicial Court 1 and 2 immediately to 1118 Globemallow Lane, Tonopah, formerly known as the fitness center, and 250 S. Highway 160, Pahrump, once it was vacant and ready to be occupied for the Fifth Judicial Court 1 and 2; the prohibited posted signs were to be removed immediately at both County complex areas in Tonopah and Pahrump; and such notices were welcomed to be placed on the courtroom doors as suggested by Honorable Judge Lane in his response letter.

Mr. Arabia

asked if a financial impact analysis was done on this.

Commissioner Jabbour

stated the reason why everyone was here today was if one person was arrested and it was appealed to the Nevada Supreme Court it would cost over $100,000.00 just for that individual.

Mr. Arabia

felt the public had the right to know if any of that had been considered as this was a complicated move and to make it immediate without a plan in place was his concern. He was also concerned about the liability if someone got hurt and then sued which would be a similar or worse liability situation.

Commissioner Cox

seconded the motion to relocate the Fifth Judicial Court 1 and 2 immediately to 1118 Globemallow Lane, Tonopah, formerly known as the fitness center, and 250 S. Highway 160, Pahrump, once it was vacant and ready to be occupied for the Fifth Judicial Court 1 and 2; the prohibited posted signs were to be removed immediately at both County complex areas in Tonopah and Pahrump; and such notices were welcomed to be placed on the courtroom doors as suggested by Honorable Judge Lane in his response letter.

Commissioner Carbone

said if the judges were to negotiate and take down the signs the Board would not be doing this, but unfortunately they did not want to. There had been an evaluation of what the cost would be and Commissioner Carbone thought Mr. Arabia’s concern was movement of people from court to court.

Commissioner Blundo

made a motion to appoint Holly Merritt to the unexpired term to end January, 2023; seconded by Commissioner Strickland. Tim Bohannon said he also sat on the Parks and Recreation Advisory Board and supported adding this individual.

Commissioner Carbone

made a motion as stated by the District Attorney; seconded by

Commissioner Jabbour

; 5 yeas. FINANCE 35. For Possible Action Discussion and deliberation regarding the budget status for March 2022 for Nye County and all sub-entities for Fiscal Year 2022. Elizabeth Jordan from Finance was present to answer any questions.

Commissioner Carbone

mentioned the changed back-up and said he would like to know exactly what was being changed in the future. May 17, 2022 35. For Possible Action Discussion and deliberation regarding the budget status for March 2022 for Nye County and all sub-entities for Fiscal Year 2022-Contd.

Ms. Jordan

explained none of the figures changed. The only thing she added was the first two pages, which were fiscal notes. Revenues for the general fund were slightly shorter than forecasted because of changes in the Treasurer’s Office and staffing issues there. She felt it was just the timing of posting those revenues. Page 2 showed many departments slightly over for the year. Ms. Jordan said that was due to several retro pays of Christmas Eves in previous fiscal years that had to be realized in FY22 which were not budgeted for. She anticipated those departments being brought back before the end of the year for some augments. There were also issues with some departments as far as fuel and goods. John Bosta said there should be $25,000.00 for the grand jury and asked if that was in the budget.

Commissioner Carbone

advised that had been in a placeholder for years.

Mr. Bosta

said he pointed out to the District Attorney this morning that he and two other individuals took a case about the grand jury to Judge Wanker. He promised he would send a copy of that lawsuit to Maria Zlotek so they could see what the judge ruled on because immediately following that court case the County allotted $25,000.00 to fund the grand jury. At that time it was said it would be between $350,000.00 and $400,000.00 to fund a grand jury. Tim Bohannon said the Board needed to pay attention to the revenue recognition. He then talked about the County jail fund.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland; 5 yeas. May 17, 2022 39. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2022-04: A Bill proposing to amend Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, by adding Chapter 17.13 entitled Special Use Permits, to establish land use and permitting requirements applicable to certain types of land uses including definitions, special uses requiring special use permits, applications, grounds for suspension and revocation, and time limitations, and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Blundo

made a motion to set the date and time as June 7, 2022, at 10:00 a.m. in Tonopah; seconded by Commissioner Jabbour. John Bosta said he sent an e-mail to the Commissioners to have them look at NRS 278.030, which said any governing body of a county with a population of 45,000 or more shall create a planning commission to consist of seven members. He believed before the Board could adopt this bill that commission had to be formed as the Commissioners no longer had the power to adopt the ordinance because of that requirement. Brett Waggoner asked that it be heard on June 22, 2022, as he had been meeting with the communities and wanted a little more time to make some changes.

Commissioner Blundo

amended his motion to set the date and time as June 22, 2022;

Commissioner Jabbour

amended his second; 5 yeas.

Commissioner Blundo

read the title of the bill into the record. 40. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2022-05: A Bill proposing to amend the International and Uniform Building and Construction Codes Effective Within Nye County as set forth in Nye County Code Chapter 15.16.010, pertaining to the requirement for automatic sprinkler systems in new buildings and structures; and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Blundo

made a motion to set the date and time for the public hearing as June 7, 2022, at 10:00 am. in Tonopah; seconded by Commissioner Strickland; 5 yeas.

Commissioner Blundo

read the title of the bill into the record. May 17, 2022 PUBLIC WORKS 41. For Possible Action Discussion and deliberation to approve the Nye County Public Works Department to enter into negotiation and voluntary acquisition for fair market value by Nye County of certain portions of real property necessary for the Nevada Federal Lands Access Program (NFLAP) project to improve access to the Ash Meadows National Wildlife Refuge and Death Valley National Park along Bob Ruud Memorial Highway and Bell Vista Avenue from SR-I 60 (MP 0) to the California Stateline (MP 21), including authorization for hiring appraisers, surveyors, and other professionals necessary to acquire such property.

Commissioner Blundo

made a motion to approve the Nye County Public Works Department to enter into negotiation and voluntary acquisition for fair market value by Nye County for the portions of real property necessary for the NFLAP program, including authorizing for hiring appraisers, surveyors and other professionals necessary to acquire such property; seconded by Commissioner Jabbour. John Bosta did not believe this agenda item was clear as it did not spell out exactly what land the County was looking for. Tom BoIling said it was clear. It was talking about Bell Vista starting at Highway 160 to Warren, which was where Bell Vista stopped and Bob Ruud Memorial Highway began which continued from there to the state line. It had nothing to do with Ash Meadows Road or Spring Meadows Road.

Commissioner Blundo

made a motion to approve, authorize the Nye County District Attorney to execute, and fund from 10205 Road Fund not to exceed $7,500.00; seconded by Commissioner Jabbour; 5 yeas. May 17, 2022 43. For Possible Action Discussion and deliberation to approve the amended Airport Capital Improvement Plan (ACIP) data sheets and support information for the Beatty Airport for Fiscal Years 2023 through 2027. Tom Boiling explained this was just a clean up item. The ACIPs originally approved included a tortoise fence at the Beatty Airport. Since the environmental peopie said it was not required it was removed from the ACIP. Tim Bohannon wondered what the benefit of the airport was and if there was opportunity to have more activity there. He supported the item.

Commissioner Jabbour

made a motion to approve the ACIP data sheets and support information for the Beatty Airport for FY2023 through FY2027; seconded by

Commissioner Strickland

; 5 yeas. 44. For Possible Action Discussion and deliberation to approve the proposed Fiscal Year 2022-2023 Regional Transportation Commission (RTC) budgets.

Commissioner Blundo

said there was a line item in the budget of $50,000.00 for transportation. The RTC was looking to support the entity it had supported in the past with an item that would be coming to the Board. In the future this budget would be open for an application because the RTC noticed there were other entities willing to do transportation.

Commissioner Blundo

made a motion to approve the proposed FY2022.-2023 RTC budgets; seconded by Commissioner Carbone. Tim Bohannon asked if it was enough for what needed to be done in the immediate future and with the long-term view as the growth rate was pretty high and would continue. He recommended the Board look at this annually.

Commissioner Blundo

made a motion to set the date time and location as June 7, 2022, at 10:00 a.m. in the Commission chambers in Tonopah; seconded by Commissioner Jabbour; 5 yeas. ______________day May 17, 2022

Commissioner Carbone

explained public comment was not asked for on presentations. Annette Fuentes thanked the Commissioners for their assistance.

Commissioner Blundo

said the County heard back from Bank of America with a standard letter. He suggested looking at eminent domain and opening the first Nye County bank for the people at that location.

Commissioner Jabbour

said the 51st year of the Jim Butler Days in Tonopah would run throughout Memorial Day weekend. He reminded everyone to spay and neuter their pets, and to take care of their children and their children’s children.

Commissioner Strickland

said early voting would start May 28, 2022.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of ,2022. (7

Chair Nye

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