June 7, 2022

Sheriff Wehrly

was not present at this time.

Commissioner Strickland

felt staff would look into the issues brought up during public comment, but the Board needed to take another look at the electioneering policies.

Commissioner Blundo

agreed with election reforms.

Commissioner Carbone

was concerned about putting another animal on the street that had a history. He said he would sit down with the people in charge of that to see what June 7, 2022 3. Commissioners’/Manager’s Comments (This item limited to announcements or topic/issues proposed for future workshopslagendas)-Cont’d. could be done. As to the roundabouts, traffic studies did not always include what people thought they should. Regarding the flag poles, Fire Chief Scott Lewis said he immediately went out after

Commissioner Cox’s

request and took pictures of the existing flag poles and signs. He recognized that Station 3 needed a flag pole. He ordered it immediately, but just as it was received an accident occurred in Belmont and the flag pole there was destroyed. He took the new flag pole to Belmont and ordered two more, one for Barney and Bell Vista and one for Station 3.

Commissioner Carbone

opened the public hearing. John Bosta said the Town of Amargosa Valley was a local jurisdiction underneath the Nevada Constitution just as the County was. The County Comprehensive Plan deferred June 7, 2022 7. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2022-05-Cont’d. to the Town of Amargosa on items because it had a town area plan. He stated this bill had not been brought to the Town of Amargosa for its consideration and he thought this item needed to be tabled because of that. Sam Jones disagreed with building codes as the Board could not tell people how to build their houses, garages, etc., and the Board needed to reject the bill. Lester Phillips, the secretary for the Calvada Meadows Airport Board of Directors HOA, spoke against the requirement for sprinkler systems in new construction. Randy Pazik said he understood the goal in sprinkler systems in safety and saving lives, but they needed the Board’s help. They did not know a solution for the airport because there was no water or power and he did not see it happening in his lifetime. He also understood the Board could not go below the International Building Code (IBC), but this would drive the property values down to zero on the east side because they could not build. Mr. Pazik did not think the Board would be in violation of the IBC by not rendering that requirement on the airport properties. Tim Bohannon felt sprinkler systems were very important, but he felt a little more thought was needed on the timing on this as well as the incompleteness of the adoption and phasing in period. He had not heard if there was a reason why this was being brought forward and if there were increased fire hazards.

Commissioner Carbone

closed the public hearing. Brett Waggoner stated from all the public comment he heard today there was a complete misconception of this item. It was lessening the restrictions when it came to commercial buildings. In the Code originally was no matter what the occupancy of the building was if it exceeded 5,000 square feet fire suppression was required. This amended that section to where it was based on the occupancy and the fire code or ISC or IBC requirements based on what was going to be in the building, what it would be used for, and the type of construction. Ronald Grider said years ago as part of the Southern Nevada Chapter they participated in the Code adopted by them, which restricted those elements to 5,000 square feet. What they were trying to do today would become less restrictive and only abide by that which was adopted by the State Fire Marshal.

Commissioner Carbone

said it was less restrictive, but it depended on the building and asked who would make that determination.

Mr. Grider

said it would be the fire code itself. June 7, 2022 7. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2022-05-Cont’d.

Commissioner Strickland

disclosed she was a building contractor, but she had no pecuniary interest in this item.

Commissioner Carbone

said water towers were put in all over town including the airport. The County had been fighting them for years, but the Fire Marshal kept pushing back that they had to go in or he would cause trouble. Commissioner Carbone asked if this would allow for some of them to be pulled.

Mr. Grider

advised the State Fire Marshal adopted the fire code, which said every building shall have a water supply such as a hydrant or some other approved method to fight a fire.

Mr. Waggoner

clarified this item only had to do with automatic sprinkler systems.

Commissioner Blundo

said the Board was being asked to vote to adopt something to be less restrictive and asked why not reject it all instead and gut that part of the Code.

Mr. Waggoner

explained because the Board still had the Code adopted by the State and the County’s Code was more restrictive than the State’s.

Mr. Grider

added this was the process to amend the Code.

Commissioner Jabbour

asked if this was solely commercial or both commercial and residential.

Mr. Waggoner

said it was just for commercial.

Commissioner Jabbour

said on page 6 of the back-up was the original 2018 Nye County amendments for the IBC. Under Section 903.2.1. the language “the building area exceeds 5,000 square feet” was stricken and Mr. Waggoner said it was relaxed, but in reading it the explanation was entirely different. It read “For buildings constructed in accordance with the IBC, approved automatic sprinkler systems are required where required by the IBC and the International Fire Code.” By striking that language to

Commissioner Jabbour

it meant it was every building regardless of the square footage. As to it being just commercial, he noted 903.2.2 read “For buildings constructed in accordance with the International Residential Code, approved automatic sprinkler systems are required where the living space exceeds 5,000 square feet.”

Commissioner Jabbour

said he was a little confused by the way it was written.

Mr. Waggoner

said 903.2.2 was not changing at all. The proposed change was to 903.2.1, which said if the IBC or IFC required a sprinkler system due to the occupancy, the materials in the building, the size, or the construction, then it would be required. June 7, 2022 7. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2022-05-Cont’d.

Commissioner Carbone

said he would rather move this to another date instead of sitting here and figuring out how to word it.

Commissioner Cox

thought some time ago they had decided everything would be sent to the town boards for input before any kind of decision was made. Since that had not happened she thought it should be sent back.

Mr. Waggoner

suggested the Board just reject it. He did not understand the mindset as the County did not go to the towns for things like this.

Mr. Grider

said if this was not changed than anyone who built a 5,000 square foot building would need to have a sprinkler system.

Commissioner Blundo

asked why 5,000 square feet was still in Section 903.2.2.

Mr. Grider

explained if it was taken out any residential structure would have to have a sprinkler system. Chris Arabia was not present.

Commissioner Strickland

made a motion to adopt Nye County Bill No. 2022-05; seconded by Commissioner Blundo. Bradley Richardson advised the motion needed to provide for an effective date. Samantha Tackett said she had an opinion from Maria Zlotek that the effective date did not need to be included in the motion as it was as proposed, but June 27, 2022, was the recommendation.

Commissioner Strickland

amended her motion to adopt Nye County Bill No. 2022-05 with an effective date of June 27, 2022; Commissioner Blundo amended his second; 4 yeas. Commissioner Cox voted nay.

Sheriff Wehrly

was present. June 7, 2022

Commissioner Carbone

opened and closed the public hearing. Public Works Director Tom Boiling explained this was a clean-up item from last year. For some reason the public hearing was not held before submitting to the State in FY21.

Commissioner Strickland

made a motion to accept; seconded by Commissioner Blundo; 5 yeas.

Commissioner Carbone

opened the public hearing. Samantha Faga clarified the event would be at White Park. Round Mountain wanted to do their annual picnic, the scope and parameters of which would be similar to last year’s as well as expected attendees.

Commissioner Carbone

closed the public hearing.

Commissioner Strickland

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

Commissioner Biundo

assumed the Chair of the Board of Highway Commissioners.

Commissioner Carbone

asked about the road in Belmont. June 7, 2022 10. 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 prolects-Cont’d.

Mr. Boiling

said he would have to check because the last he discussed it was with the previous director, but he did not think it went any further than that and he had not done anything with it since then either. Fire Chief Scott Lewis reminded the public to be patient with them during the projects as the north and south thoroughfares would be impacted and may slow their response times a bit.

Mr. Boiling

said he had addressed that with the contractor. Pat Minshall said Farm Road was Amargosa’s main street and she lived off of it. As a member of the SAU she had been on every road in Beatty and Pahrump and she had not found a road that was as deplorable as Farm Road. She asked the Commissioners the next time they went through Amargosa to go down to the end of Farm Road and see just how bad it was. If the County received federal infrastructure money, Farm Road should be on that list or the durapatcher needed to be used again as that was the only fix that had worked. Another suggestion Ms. Minshall had was to not allow the 18- wheelers coming out of the gravel pit on it. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff Wehrly

assumed the Chair of the Licensing and Liquor Board.

Commissioner Blundo

disclosed he held a privilege liquor license, but there was no pecuniary interest and it would not impede his participation in this item.

Sheriff Wehrly

asked if there were any outstanding items required for this application to be complete. Samantha Tackett said no and advised everything was compliant. Nisa Raju, the applicant, was present.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Jabbour; 6 yeas.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. June 7, 2022 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Blundo

made a motion to appoint Dave Clasen and Loyce Seastrunk for the terms expiring June, 2024; seconded by Commissioner Strickland; 5 yeas.

Commissioner Strickland

made a motion to approve items 14-15; seconded by

Commissioner Blundo

; 5 yeas.

Commissioner Strickland

made a motion to approve items 14-15; seconded by

Commissioner Blundo

; 5 yeas. June 7, 2022 ASSESSOR

Commissioner Carbone

asked what the totals were for each one. Chief Deputy Assessor Justin Zimmerman said the totals for all three flights for Sanborn was $884,160.00 and $619,050.00 for EagleView.

Commissioner Carbone

asked if annually this would be around $500,000.00.

Mr. Zimmerman

said they did like to keep it at $500,000, but these three flights would happen over the course of three different years and the payments would be amortized over five years.

Commissioner Blundo

made a motion to award RFP 2022-08, Aerial Photography, to Eagleview and provide direction to staff to enter into fee negotiations to be funded from Fund 10322 Assessor Technology Fund; seconded by Commissioner Strickland; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Blundo

made a motion to withdraw recognition from the NCMEA as the exclusive representative of the prosecutors employed by Nye County based upon a petition signed by a majority of the Nye County prosecutors ceasing to be supported by a majority of the local government employees in the bargaining unit for which it was recognized and based on permission of the EMRB; seconded by Commissioner Jabbour; 5 yeas. SHERIFF

Commissioner Strickland

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. June 7, 2022

Commissioner Strickland

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

Commissioner Blundo

made a motion to approve; seconded by Commissioner Cox.

Commissioner Carbone

had concerns about what was going on with Blackjack. This was a combination of two organizations that were not meeting any of the requirements the Board had put on them, and everything they turned into Planning had expired. Brett Waggoner advised his department had been working with them. This applicant had submitted some time ago for site development for a new location to go along with the CUP to build a warehouse. They applied for extensions through the RPC on their CUPs, which were granted. With the site development they had also applied for an extension on that process, which had now expired. Mr. Waggoner learned part of the delay with this new location was they had to go through the annexation process with the utility company. They also had to reallocate water rights to this property and that was where they were stuck right now with DWR. They made application for that approximately two years ago and it still had not been signed by the State Engineer.

Commissioner Strickland

noted the same situation existed here with the State Engineer.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Blundo.

Commissioner Jabbour

said this applicant was before the Board on June 15, 2021, and it was discussed in detail as to why the containers were still on the multi-family lot. The water issue was not expressed last year. They had been dancing with the Commissioners for the past seven years. In March, 2022, there was a conversation that perhaps a letter should go out to the applicant advising that it would be coming up in June, 2022, and asking for further information. He asked if that letter ever get sent.

Mr. Waggoner

said no, but a conversation was had. June 7, 2022 27. For Possible Action Discussion and deliberation regarding a renewal of a Wholesale/Retail Fireworks Permit for D&T Imports, Inc. dba Area 51 Fireworks located at 1381 S. Highway 372, Pahrump, NV. Tim McKoy Applicant-Cont’d.

Commissioner Jabbour

asked if there was an explanation about the water issues at that time.

Mr. Waggoner

said no, and that he just learned of it himself this morning from the utility company, not the applicant. He verified it with the applicant after that conversation.

Commissioner Jabbour

asked if there was a condition for the CUP being extended that they had to remove the containers from the multi-family lot.

Mr. Waggoner

advised he had not seen any containers on that multi-family lot. They wanted the other containers removed off the general commercial lots to the west, which was also part of the conditions on their CUP.

Commissioner Jabbour

asked if containers were on another lot that was fenced.

Commissioner Jabbour

asked for the status of those.

Mr. Waggoner

explained they were still there like they were at every single fireworks facility, which all had the same conditions and were all in the same process with some further ahead than others. He confirmed for Commissioner Jabbour they were supposed to be removed.

Commissioner Jabbour

said rules, regulations and ordinances were in place for a reason. The public was speaking out about the numerous restrictions and regulations so he suggested getting rid of it all if it was not going to be enforced.

Commissioner Cox

said she was told they were not moving the containers as quickly as the County wanted because of the obnoxious cost due to the County expenses through different departments.

Mr. Waggoner

said Nye County was a fraction of what other counties charged.

Commissioner Carbone

added they had not paid any fees in the last year.

Commissioner Jabbour

asked if the County was able to extend by only by six months and then re-evaluate.

Mr. Waggoner

said the way he read the Code it did not give a minimum amount of time to approve a license for, only a maximum, so anywhere between one day and one year was the purview. June 7, 2022 27. For Possible Action Discussion and deliberation regarding a renewal of a WholesalelRetail Fireworks Permit for D&T Imports, Inc. dba Area 51 Fireworks located at 1381 S. Highway 372, Pahrump, NV. Tim McKoy Applicant-Cont’d. Bradley Richardson said he heard that opinion expressed before by his office and the Board could do six months. Miguel Tolbdano, Director of Operations for Blackjack Fireworks and Area 51, addressed the issues with them not moving forward on the construction of their warehouse and retail store. He explained they had been experiencing problems with the water rights waiting for the State Engineer to sign off as well as the building costs, COVID, and the price of materials. The price of the structure had almost doubled, but they were still moving forward.

Commissioner Carbone

asked if he knew his CUP was in jeopardy.

Mr. Tolbdano

said yes. The plan was to move forward with construction so they could resolve the issue of having containers on the property.

Commissioner Blundo

believed the Board knew the applicant was already deceased. He said the challenge here was why it was kicked over for the year and that information not shared with the Board at that time. Now the name had changed instead of this license going back out to the field.

Commissioner Strickland

said Outlaw Pyrotechnics was a corporation and a corporation did not die. Potentially they were both members of the corporation and his passing did not matter.

Sheriff Wehrly

said in most of the applications it was a requirement. She was not sure if that particular ordinance said they had to notify the County as long as the business was not owned by one person, but she would check on that.

Commissioner Blundo

asked if the licenses were transferrable.

Sheriff Wehrly

said no, but if they were a corporation that would make it a little bit different.

Commissioner Blundo

said the struggle for him was the timing. He asked if he was deceased, if the County was notified, and if his name was an applicant when the Board approved it. June 7, 2022 28. For Possible Action Discussion and deliberation regarding a renewal of a Wholesale/Retail Fireworks Permit for Outlaw Pyrotechnics located at 2280 W. Betty Place, Pahrump, NV. Kelly Bernard Applicant-Cont’d.

Sheriff Wehrly

said she would look mt it. This item was tabled until later in the meeting

Commissioner Blundo

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

Commissioner Strickland

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. DISTRICT COURT

Commissioner Blundo

made a motion to adopt Nye County Proclamation No. P2022-06; seconded by Commissioner Strickland; 5 yeas. June 7, 2022

Commissioner Blundo

made a motion to submit written notice of intent to terminate the lease conditional on the property selling; seconded by Commissioner Strickland. Sam Jones said the public never knew who the person who bid on the property was associated with. Kathleen Karles, president of the board of First Choice Pregnancy Center, thanked the Commissioners and the Town of Pahrump for allowing them to be in the facility.

Sheriff Wehrly

advised in 2019 the license was in both of their names. In 2020 it was in both of their names also, but in 2021 it was only in one name, and the Board was voting on one name this time. She said her office was not notified.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland; 5 yeas. COUNTY MANAGER

Commissioner Strickland

disclosed she was a broker of water rights and worked closely with the State Engineer regarding her well drilling license, but she had no pecuniary interest in this item.

Commissioner Blundo

made a motion to send a letter to Mr. Adam Sullivan; seconded by Commissioner Jabbour. Greg Dankowski thought the letter fell drastically short of what should be included in it. June 7, 2022 34. For Possible Action Discussion and deliberation to send a letter to Adam Sullivan, State Engineer with Division of Water Resources encouraging the adjudication of the vested water rights and completion of the investigation of violation against the Fish and Wildlife Services on behalf of Ministerio Roca Solida Inglesia Cristiana-Cont’d. John Bosta hoped the County Commissioners sent the letter because of the vested water rights. Sharon Wehrly said she got involved in this some time ago and on one of her trips to Washington, D.C., she talked to a representative for western states about this issue. She was told that they would look into it, but she did not think much happened with it and that the County needed to push forward or water rights would be lost. Sam Jones thought the Commission should send the letter in a very stern way because when he first moved to Pahrump he remembered a Commissioner getting on a bulldozer and opening a road they had closed. David McDonald, an attorney with the Mountain States Legal Foundation representing Ministerio Roca Solida, thanked the Commission for hearing this item as well as the public for their support. He urged the Commissioners to send the letter. Victor Fuentes thanked the Commissioners and the public for their help and support. He felt the letter needed to be more specific.

Commissioner Strickland

suggested Mr. Fuentes sit down with Natural Resources Director Lorinda Wichman.

Commissioner Cox

said from her conversation with Mr. Fuentes yesterday there were things he wanted to add to the letter.

Commissioner Blundo

said he could send a follow up letter to continue engaging.

Mr. Fuentes

agreed with that, but said he would like to sit down with Commissioner Carbone or Tim Sutton to go over this.

Commissioner Blundo

made a motion to approve, execute, and approve the waiver; seconded by Commissioner Strickland; 5 yeas. PLANNINGIBUILDING/CODE COMPLIANCE

Commissioner Blundo

made a motion to approve all of the applications; seconded by

Commissioner Jabbour

. Brett Waggoner said this had been a long time coming. The applicant had been working through things trying to cooperate and help as much as they could. A temporary certificate of occupancy was being issued so they could finish the improvements. Adam Fulton, counsel for MJ Distributing, thanked everyone for their support and for helping them.

Commissioner Blundo

made a motion to accept the offer of dedication road right-of-way and designate N. Pyramid Street and E. Hardscrabble Street as minor County roads June 7, 2022 37. For Possible Action Discussion and deliberation to accept an offer of dedication for road right-of-way being the entire West 30.00 feet fronting N. Pyramid St. and the South 40.00 feet fronting E. Hardscrabble St. of Assessor’s Parcel Number 027-301-23, from Serciio Alor and Loida Nacpil and designate N. Pyramid St and E. Hardscrabble St. as a “Minor County Road” (rejecting the maintenance) for the purpose of future road improvements when Nye County improves N. Pyramid St. and E. Hardscrabble St. fronting the property located at 5561 N. Pyramid St., Pahrump, NV, Assessor’s Parcel Number 027-301-22-Cont’d. and reject the maintenance for the purpose of future road improvements; seconded by

Commissioner Blundo

pointed out the County reserved the right to accept the maintenance at a later date.

Commissioner Blundo

made a motion to accept the offer of dedication road right-of-way and designate E. Charleston Park as a general County road accepting the maintenance; seconded by Commissioner Jabbour; 5 yeas. PUBLIC PETITIONER

Commissioner Ccx

asked if the Town of Tonopah had funds to cover this. June 7, 2022 39. For Possible Action Discussion and deliberation to enter into a partnership with the Town of Tonopah either through in-kind donation or alternate funding source for Nye County Public Works to perform work related to the parking lot/staging area at the Tonopah Fairgrounds per quote from Nye County Public Works Director Thomas Boiling in the amount of $7,735.OO-Cont’d. Tonopah Town Manager Joe Westerlund said they were working on a grant with the Nevada Off-Road Association. They were attempting to increase the size of the parking lot on the east side of the fairgrounds, which the town had put $330,000.00 into in the last two years to improve it and bring rodeos in. In order to do a high school rodeo additional parking was needed for larger vehicles. This would be a collaborative effort with Nevada Off-Road and the Town of Tonopah, and he hoped to get Nye County into that collaborative effort because the Nevada Off-Road people said when they looked at grants one of the things they looked at was agencies agreeing on certain things and having more buy-in than just the town. Mr. Westerlund said the town would like Public Works do the road work as in-kind or other funding. The town was doing all the water work and gate replacement/repair.

Commissioner Strickland

said tourism dollars went to the Pahrump fairgrounds. She asked where the tourism dollars for Tonopah went.

Mr. Westerlund

said all tourism money went toward advertising and supporting other companies that did advertising. He knew the County had a percentage of its room tax money going toward fairgrounds, but the town had not set anything up like that and it was now being discussed.

Commissioner Strickland

asked how much money was brought in for the town.

Mr. Westerlund

said he could not give an exact number, but the room tax money was between $500,000.00 and $600,000.00 a year and was also used for the town budget. Lorina Dellinger advised if this were to be approved Savannah Rucker confirmed it could come out of contingency for either FY22 or FY23.

Commissioner Blundo

made a motion to enter into a partnership with the Town of Tonopah either through in-kind or an alternate funding source through contingency either in FY22 or FY23, whichever was fiscally appropriate, for Nye County Public Works to perform work related to the parking lot/staging area at the Tonopah Fairgrounds per the quote from Tom Boiling in the amount of $7,735.00; seconded by

Commissioner Jabbour

. Tim Bohannon asked about endowments and private donations.

Ms. Nelson

said the County needed to ban Sharia Law.

Commissioner Strickland

said she would like to see what it looked like to make a special airport district since they had such different needs.

Commissioner Cox

thought a precedence was set with the approval of the item between the County and the Town of Tonopah and requests from other towns would probably be received.

Commissioner Blundo

said he would like to have two items come to the Board. One was an item to revert to pre-COVID since the emergency was over. The other was to refund any utilities bills the First Choice Pregnancy Center had paid, if any. He remembered saying it was all included in the lease, but they had been paying rent and electric, water, etc. If that was true that did not match what the Board decided.

Commissioner Jabbour

thanked Commissioner Cox for attending the Jim Butler celebrations over Memorial Day weekend. He then reminded everyone to spay and neuter their pets. _____________day June 7, 2022

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of ,2022. 4 7

Chair Nye

Coty Clerk I Deputy