July 19, 2022

Commissioner Carbone

asked him to wait until that item was opened. Brian Grudzinski, a member of the administrative faculty at Great Basin College, said many people did not know there was a four-year college in Pahrump, which had the only machining and manufacturing program in the southern part of the State. It was also just recently approved for the Sandy Grant, which would allow a person to get a certification in small time fields like CNAs. Ammie Nelson talked about the people found unconscious on the sidewalks. She was not sure if it was heat-related, but she wanted to make sure there was some kind of cooling station at Petrack Park or on the other end of town. July 19, 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. John Bosta asked that his written statement be included in the minutes [see Attachment 2]. He said the Planning Department was combining the PRPD Code with the marijuana code. He asked the Board to take a look at that because he did not think that was under the color of the law. Diane Southworth listed various events and classes that would be held in the community. Doug Dubin said there were four months until the balloon festival. Sponsor and vendor opportunities were still available. Michael Garcia talked about how ‘In God We Trust” was a higher standard than the Constitution and accountability; how children were being taken care of behind the closed doors of due process and equal protection; how Nevada was last in the education system because of the lack of morality and character; and how Nevada was the weakest state in the union without a statesman. Lorna Dizon-Noyes read some highlights of the Nevada Constitution of 1864 regarding allegiance to the federal government as well as the United States Constitution regarding excessive bail and fines and cruel or unusual punishment. Michael Noyes said on July 5, 2022, he brought NRS 20.010 through NRS 20.05, bonds and undertakings, deposits in lieu of, to the Board. The Sheriff advised they would no longer take undertakings, just cash bail or bond. Mr. Noyes said he confirmed with Carson City that it was still valid. Douglas Joseph Herich stated all of the County officials were unbonded until June 27, 2022. Per NRS 282.010, bonds were to be in place when the term began on the required amounts for each official. He said he called LP Insurance about it as well as the FBI. Dee Mounts advised Sheriff Wehrly spoke to a group of them a couple weeks ago. There were a lot of people coming to Pahrump not following the speed limits causing accidents and deaths. Ms. Mounts felt more funds needed to be available for the Sheriff’s Office so the police officers were pulling over everybody.

Commissioner Cox

said she would like to look at moving the County line to the other side of Basin 162 as soon as possible to protect the County’s water. July 19, 2022 3. CommissionersIManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslaqendas)-Cont’d.

Commissioner Jabbour

mentioned a town in northern Italy passed a law to make all fireworks silent, but they were vibrant and beautiful. He was going to do more research on that.

Commissioner Strickland

asked John Bosta to add an agenda item for the Amargosa Town Board to address the outdoor grows as nothing was received from that board regarding that. She asked Victor Fuentes to provide a date and time for his plan as she would like to be present for that.

Commissioner Blundo

asked when the ARPA policy would be scheduled for a Board meeting. Savannah Rucker explained they were still working on the policy and ironing out some of the bugs trying to encompass all federal laws associated with it. She hoped to have it to the Board shortly with the goal being August or September.

Commissioner Carbone

asked Fire Chief Scott Lewis to address the comment made about people fainting and passing out. Chief Lewis said most of the types of unconscious persons recently were a result of overdoses and they were working diligently on those types of responses. Planning Director Brett Waggoner advised erroneous code compliance letters were sent out mainly to vacant property owners. He was working with the Sheriff’s Office to put a stop to it and to hold whoever was doing it responsible. Purchase agreements were also being sent. If someone received a letter they should contact the Planning Department to verify it was an official letter as well as the Sheriff’s Office to make a statement. He then talked about the new development going on in town.

Commissioner Cox

gave kudos to John O’Brien and his son for the work they did to put on the fireworks display every year. She suggested to Mr. Garcia that he meet with each Commissioner and explain the situation. She told Mr. Fuentes that a lot of people had his back and asked for a date and time. To Mr. Herich, Commissioner Cox wanted him to know that she supported the cause and did not see anything wrong with what he was dong. It had nothing to do with bonds or no bonds, but she worked extensively with

Mr. Noyes

to try to get Mr. Herich some help.

Commissioner Carbone

asked Ms. Powers to try to condense the report a bit.

Ms. Powers

said she planned on implementing a higher level summary based on a suggestion from the auditor. Tim Bohannon pointed out the community should expect clean and accurate reports and a summary. He asked to make sure it was a cash basis report and that those words were on the report as well as any potential accruals or encumbrances that could negatively impact a fund balance. CLERK

Commissioner Blundo

asked Mr. Foley if he felt he would be able to step in and be up and running quickly.

Mr. Foley

said yes, immediately.

Commissioner Jabbour

asked if he would be able to professionally work with the other Justices of the Peace.

Mr. Foley

said yes and he had the utmost respect for them.

Ms. Donahue

said she thoroughly respected the Justices of the Peace, the District Attorneys, and the district judges. Kirk Vitto said he had been in Nevada his whole life. He worked in the County for 32 years and probably prosecuted thousands and thousands of cases. In response to the question if he would be able to work professionally with the other Justices of the Peace in the County, Mr. Vitto stated he had the opportunity to work in front of those Justices of the Peace for years and over that time mutual respect and admiration had been developed so working with them would simply not be a problem.

Commissioner Blundo

asked Mr. Vitto if he would be able to fulfill the role expediently, if he had the judicial college training, and if there would be any impediments.

Mr. Vitto

said there were no impediments. There were 22 domestic battery jury trials scheduled between August, 2022, and December, 2022, and he was ready to hit the ground running. The judicial training would have to take place in a year, and since he was a prosecutor he had to undergo education on a yearly basis so he had banked two years in advance.

Commissioner Blundo

asked Mr. Vitto if he believed being a prosecutor would be an advantage or a hindrance to being a judge. He said he was looking for someone to be fair and unbiased who would give a person an opportunity to share their story when coming before a judge.

Mr. Vitto

said one of the character traits that he thought he exemplified, but did not get to use as much as he would if he was appointed, was he loved to work with and listen to people. He would have no problem listening to both sides of an argument and correctly applying the law to the best of his ability. July 19, 2022 29. For Possible Action Discussion and deliberation to: 1) Appoint one person to the Pahrump Justice of the Peace, Department A due to the resignation of Lisa Chamlee from the following list of applicants: James R. Ballew, Lillian Donohue, Michael Foley, Walter Grudzinski, William E. Kimbrough, Jacob Skinner, and Kirk Vitto or 2) Readvertise for the appointment-Cont’d. Walt Grudzinski said he wanted to make sure everyone understood one did not have to be an attorney to get this position. He was not an attorney, but he was in law enforcement at the federal level for over 50 years. He provided his work history and said he wanted the job because he cared.

Commissioner Jabbour

asked if he would able to professionally work with the Justices of the Peace in the County, to which Mr. Grudzinski responded absolutely.

Commissioner Blundo

asked Mr. Grudzinski if he believed he would be able to come in and get up to speed. He also asked if Mr. Grudzinski had any credentials or training, or anything that might impede him.

Mr. Grudzinski

said he did not have the training in Nevada and understood that was a requirement for the position. He would have to learn a little about the court procedure, but he felt he would be up to speed quickly. William Kimbrough said he wanted the position so he could thank the people of Nye County for their gracious acceptance of him into the community, and he wanted to pay the County back for the services provided to him by the Nye Communities Coalition. He would be comfortable working in and managing a union environment.

Commissioner Jabbour

asked Mr. Kimbrough if he would be able to work with the Justices of the Peace in the County, to which Mr. Kimbrough responded absolutely.

Commissioner Blundo

asked Mr. Kimbrough if he had any of the credentials to be able to be up and running in the seat.

Mr. Kimbrough

responded not as it pertained to jurisprudence, but he was a clean slate and a sponge. He would have no problem completing the appropriate knowledge basis required for the position within 12 months. Jacob Skinner, Ph.D., thought he had the temperament and skill set that would allow him to perform the judgeship in a way to bring confidence to everyone. He would require the training and felt anyone who was appointed would be wise to move forward with that training. As to managing staff in a union environment, he was also a school board trustee which provided him with experience in the hiring, promotion and termination processes as well negotiations.

Commissioner Jabbour

asked Mr. Skinner if he would be able to work professionally with the Justices of the Peace in the County. July 19, 2022 29. For Possible Action Discussion and deliberation to: 1) Appoint one person to the Pahrump Justice of the Peace, Department A due to the resignation of Lisa Chamlee from the following list of applicants: James R. Ballew, Lillian Donohue, Michael Foley, Walter Grudzinski, William E. Kimbrough, Jacob Skinner, and Kirk Vitto; or 2) Readvertise for the appointment-Cont’d.

Mr. Skinner

said yes and believed an environment of mutual respect should be fostered.

Commissioner Carbone

disclosed he talked to each of the candidates. Alyssa Shoults, Court Administrator for the Pahrump Justice Court, said the position was not something to be taken lightly. The candidates should know the position could not be done by coming in for an hour or two a day. It required dedication not only to the position but other staff and the community. Judges were always on call and the Pahrump Justice Court was the busiest one in the County. Matt Sadler, a local bondsman, understood having a law school background was a factor to consider, but in his experience temperance, discernment, and humility as well as the ability to listen and hear both sides were huge. He hoped the Board would consider Mr. Skinner for the appointment. Ammie Nelson said she supported Mr. Grudzinski because of his background. Laura Larsen said she supported Mr. Skinner. Dee Mounts supported Mr. Grudzinski. Beverly Grudzinski stated her support of Mr. Grudzinski. Vicky Gillespie, a real estate agent and resident of Pahrump, stated her support of Mr. Kimbrough for the position. Vanessa Maxfield stated her support of Mr. Vitto

Commissioner Strickland

made a motion to appoint Kirk Vitto as Pahrump Justice of the Peace for Department A; seconded by Commissioner Jabbour.

Commissioner Strickland

encouraged the other candidates to run for the position.

Commissioner Strickland

amended her motion to appoint Kirk Vitto as Pahrump Justice of the Peace for Department A to the unexpired term to end January, 2025;

Commissioner Jabbour

amended his second; 5 yeas.

Commissioner Jabbour

was not present. July 19, 2022 BOARD OF COMMISSIONERS 20. For Possible Action Closure of meeting, pursuant to NRS 241 .015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 21. Closed meeting, pursuant to NRS 241.015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 22. For Possible Action Discussion and deliberation on conference with legal counsel regarding potential or current litigation presented in closed meeting. This item was removed from the agenda. 23. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 24. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 25. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 26. For Possible Action Discussion and deliberation to approve, amend and approve or reiect two (2) contracts for Public Defender Services from the following list of applicants: Andrew Coates, Andrew Fritz, Esg., and Thomas J. Gibson, Esg.

Commissioner Blundo

made a motion to approve Andrew Coates and Thomas Gibson.

Commissioner Strickland

made a motion appoint Andrew Coates and Andrew Fritz.

Commissioner Jabbour

was present. July 19, 2022 26. For Possible Action Discussion and deliberation to approve, amend and approve or reject two (2) contracts for Public Defender Services from the following list of applicants: Andrew Coates, Andrew Fritz, Esg., and Thomas J. Gibson, Esg.-Cont’d.

Commissioner Carbone

said he wanted to hear from the applicants before a motion. There were no applicants present.

Commissioner Strickland

restated her motion to appoint Andrew Coates and Andrew Fritz; seconded by Commissioner Cox. Ammie Nelson thought the original motion needed to be said again since two Commissioners were not available to do a second. When Commissioner Carbone pointed out there was a quorum at that time, Ms. Nelson said it might have turned out differently and she thought it was done in haste.

Commissioner Blundo

voted nay. 27. For Possible Action Discussion and deliberation for the Board of County Commissioners to appoint Raelyn Powers to fill the unexpired term of the Nye County Treasurer due to the resignation of Mark Kampf, effective July 20, 2022. Raelynn Powers said she was honored to be appointed at this time as it would provide the office the ability to stay on track and continue training.

Commissioner Strickland

said she understood Mark Kampf supported this appointment.

Mr. Kampf

stated he fully supported the appointment.

Commissioner Jabbour

made a motion to appoint Raelyn Powers to fulfill the unexpired term of the Nye County Treasurer due to the resignation of Mark Kampf effective July 20, 2022; seconded by Commissioner Strickland; 5 yeas. Sam Merlino advised Ms. Powers’ oath was ready in her Pahrump office. 28. For Possible Action Discussion and deliberation for the Board of County Commissioners to appoint an individual to fill the unexpired term of the Nye County Clerk due to the resignation of Sandra L. Merlino effective August 5, 2022 from the following list of candidates: Mark Kampf, and Darrell Lackey. Mark Kampf said he wanted this position because he wanted to serve all the voters of Nye County regardless of party or political affiliation. He believed there was an office that had been exemplary in its integrity and he wanted to maintain that level of integrity July 19, 2022 28. For Possible Action Discussion and deliberation for the Board of County Commissioners to appoint an individual to fill the unexpired term of the Nye County Clerk due to the resignation of Sandra L. Merlino effective August 5, 2022 from the following list of candidates: Mark Kampf, and Darrell Lackey-Cont’d. Sam Merlino exhibited during her term. He felt he had the skills and intellect to step into the job on day one. There was also an election to be dealt with and the Board wanted to be sure the right person was in there to conduct that election without any fault or missteps whatsoever. Mr. Kampf said he looked forward to being appointed to the position. Darrell Lackey said he was running for the office to give people another choice other than Republican or Democrat. He ran for Commissioner in 2012 and for Treasurer in 2010. He had 210 signatures of people who wanted him to be on the ballot, and the other petition he had to start had 128 signatures.

Commissioner Blundo

mentioned the recount and asked Mr. Lackey if he was suggesting a different process to do the recount.

Mr. Lackey

stated a recount should never be needed if there was integrity in the election in the first place.

Commissioner Blundo

asked Mr. Kampf if he had or could suggest a better process.

Mr. Kampf

said the recount based on the existing systems and processes was required traditionally to be done through the paper rolls as they were the record of the votes cast on the Dominion system. Anything else would be a re-running of the data in the Dominion voting system.

Commissioner Carbone

asked if Mr. Kampf had a different process he wanted to use.

Mr. Kampf

said he looked forward to trying to implement the systems recommended by the County Commissioners to the Clerk in a prior meeting. He also looked forward to continuing his research to ensure that could be accomplished through legal means under NRS 293.

Commissioner Jabbour

commented it was unusual to have two candidates that had interest in this position at this time and he certainly did not want to give an unfair advantage. He asked if Mr. Kampf would be able to work as a co-County Clerk with Mr. Lackey.

Mr. Kampf

believed that would be quite difficult and did not see that as a viable alternative. In response to the same question, Mr. Lackey said he loved the newness of that idea and he would have no problem. July 19, 2022 28. For Possible Action Discussion and deliberation for the Board of County Commissioners to appoint an individual to fill the unexpired term of the Nye County Clerk due to the resignation of Sandra L. Merlino effective August 5, 2022 from the following list of candidates: Mark Kampf, and Darrell Lackey-Cont’d.

Commissioner Cox

felt appointing either to the position was an unfair advantage to one or the other. Appointing Raelyn Powers as the Treasurer was a little different as she had no competition in the general election. Here there was competition and

Commissioner Cox

would rather see someone moved up in the Clerk’s Office.

Commissioner Strickland

advised the deputy clerks did not want it.

Commissioner Cox

thought if they did not want it then someone from the public should be looked for. She said she did not want the County sued because one of the candidates felt the Board interfered with their election and thought this should be put off to the next meeting. She asked if it was advertised because she did not think so.

Commissioner Cox

made a motion to put this item off to the next meeting and advertise it. Michelle Nelson asked if Commissioner Cox would entertain amending the motion as readvertising for the position was not on the agenda, but it could be pushed over to the next meeting.

Commissioner Cox

amended her motion to put this off to the next meeting: seconded by

Commissioner Strickland

. Tim Sutton advised at the June 5, 2022, meeting there was an item for the Board to discuss and deliberate to direct staff to advertise for letters of interest to fill the unexpired term of the Nye County Clerk due to the resignation of Sandra Merlino, During that item the Board chose not to make that motion and directed staff to make appointments. No specific names were given and based on that direction staff went with the two candidates.

Commissioner Blundo

said a standardized process was needed to always advertise to the public. He asked to have the motion to continue reconsidered as there was not a lot of time. There was also one candidate who was willing to implement the Board’s wishes.

Commissioner Cox

stated it was an unfair advantage to either of them and she did not think two weeks would make that much of a difference in the general election.

Commissioner Strickland

withdrew her second.

Commissioner Blundo

made a motion to appoint Mark Kampf for the unexpired term; seconded by Commissioner Strickland.

Ms. Nelson

asked that the motion be amended to make it effective August 5, 2022.

Commissioner Blundo

amended his motion to appoint Mark Kampf to the unexpired term effective August 5, 2022; Commissioner Strickland amended her second. Andrew Caccavale, a former candidate for Nye County Clerk, said transition did not trump fairness and it should be opened up to the public. He pointed out Mr. Kampf already received one pro temp appointment as the Treasurer and now he was given a second in one election cycle, which smacked of cronyism to him. Mr. Caccavale urged the Commissioners to reconsider opening it up to the public. Kerry Durmick, the Nevada State Director for All Voting Is Local, an organization that existed to expose and dismantle threats to voter freedom, thanked Mrs. Merlino for over 20 years of dedicated service during which she ensured fair and safe elections in Nye County. Nevadans believe the freedom to vote belonged to all. The State had increased voter participation by making it more accessible to vote by expanding access to voter registration and increasing voting options. All Voting Is Local looked forward to working with the new Clerk in running a fair election where everyone’s right to vote was protected and state and federal election laws were followed. They also encouraged the County to appoint a Clerk who would have strong communication with the Duckwater Shoshone Tribe in Nye County, who were entitled to a reservation based polling place.

Ms. Durmick

said they urged the County to reject any election process that solely used paper ballots and hand counting as it would violate the Americans With Disabilities Act of 1990. Election officials were required to provide an electronic voting system for voters who had a disability and the County could not reasonably hand count within certification deadlines. Additionally, hand counting ballots was costly and the chance of error was increased. Ammie Nelson agreed this was an unfair advantage, but with the circumstances someone was needed right away who had the expertise and experience to do the job. She thought Mr. Kampf should be given the appointment under the circumstances. Laura Larsen said Mr. Kampf stood up to the plate when he took the Treasurer’s position while running for County Clerk. As to the paper ballots, the Board already voted for it, which was great, and she wondered how people with disabilities were assisted before the machines. July 19, 2022 28. For Possible Action Discussion and deliberation for the Board of County Commissioners to appoint an individual to fill the unexpired term of the Nye County Clerk due to the resignation of Sandra L. Merlino effective August 5, 2022 from the following list of candidates: Mark Kampf, and Darrell Lackey-Cont’d. Joe Burdzinski said elections were extremely important and the Clerk’s position took care of the elections as well as the courts. In order to have a fair and honest election in November a Clerk needed to be appointed today. He believed the best person for that job was Mr. Kampf and he urged the Board to vote in the Clerk.

Commissioner Cox

said the election would not be fair by appointing one of these people over the other. The only way there would be a fair election was to put someone in who wanted to apply for the job who was not running for the office right now. She did not think it was fair or right to not advertise the position to the public. She wanted the people to be able to vote for their choice and felt there could be a huge lawsuit if the Commissioners were not careful with this. Cesar Carvajal, Democracy Associate at Silver State Voices, expressed appreciation and respect for the impeccable work and public service by Mrs. Merlino. She had always been an astounding source of information and willing to provide assistance to any Nye County election-related inquiries. Mr. Carvajal extended a sincere welcome to whomever the appointed Clerk would be and looked forward to building a strong working relationship with them. Amber Falgout from the Institute For A Progressive Nevada thanked Mrs. Merlino for her outstanding work as County Clerk. She strongly encouraged the next appointee to continue in Mrs. Merlino’s footsteps to protect Nevadans’ right to a fair election that was acceptable for all. Nizhoni Widehat, a community organizer for the Native Voters Alliance Nevada, stated

Mrs. Merlino

would be missed and had done great work as the County Clerk. To continue her efforts they encouraged the Commission to appoint a Clerk who would work with the communities, indigenous and otherwise.

Commissioner Blundo

said the only other option he thought may be a compromise would be to have a special meeting in about a week, open the advertisement period for a week, get it listed in the paper, solicit, still consider the two candidates, and make the appointment at that time.

Commissioner Strickland

withdrew her second.

Commissioner Blundo

withdrew his motion.

Commissioner Carbone

said it looked like it had been abated.

Ms. Ryhal

said that was correct. The only difference between the two inspections was the professional removal of the manure. During her first inspection there was a dumpster, which had been removed. She had taken a picture of the horse trailer, which he had moved to the spot where he had been placing the manure to dry out prior to putting it in the dumpster. There were no piles of manure on the property and the pens did not have an excessive amount of build-up either. She said the conditions that the Board set on the property owner in her professional opinion were being complied with. She also confirmed the water tests were good. Bob Young said he lived in the immediate neighborhood of the subject property. Presently there were approximately 10 to 12 large cattle on the property. There was also another pen to the east side of the property that had some animals, but he did not know what type or how many. Mr. Young said the smell affected different neighbors depending on the wind direction. In his opinion the parcel was too small for the housing of that many animals. It was also a residential area and not the right place to have that many animals.

Commissioner Carbone

asked Mr. Young if he was living there before the gentleman came and brought the animals or after.

Mr. Young

said he had been there since 2016. Kimberly Maxim said she lived in the neighborhood in the zoning for large animals. When she read the story in the paper she went to the property. Right behind this property was another home which also had horses so she wondered where exactly the flies and smell were coming from. Ammie Nelson said she was unclear as to how big the property was and what the zoning was. Jeff Stegeman said he lived in the same area and moved to Pahrump to have animals. He did not have a problem with the man on China Street because he kept it clean, and July 19, 2022 30. For Possible Action Discussion and deliberation regarding a status update on determined nuisance property 1130 China Street, Pahrump, NV; and direction to staff on how to move forward with the nuisance property if conditions have not been abated as directed by the Board-Cont’d. living in a rural area there were flies. His property was zoned SE, but was re-zoned to RE for financial reasons, and he felt harassed by people who did not think he had the right to have chickens on his property.

Commissioner Carbone

told him to talk to Brett Waggoner about that situation. Linda Hatley thought if the property owner cleaned it up it should be a moot point.

Commissioner Blundo

made a motion that the conditions had been met and to determine the nuisance had been abated; seconded by Commissioner Strickland; 5 yeas. PLANNING/BUILDING/CODE COMPLIANCE

Commissioner Strickland

disclosed she was a horse person and that should tell everyone where she was coming from.

Commissioner Carbone

said the original idea was to come up with parameters everyone could live with and to avoid situations like China Street, but it appeared no one wanted parameters. In his mind if no one wanted parameters, any nuisances that came about the citizens would be allowed to fix.

Commissioner Strickland

pointed out the people who brought the item to Code Compliance were in fact the people that asked to not have animals on their property in this same area. July 19, 2022 40. For Possible Action Discussion and deliberation to direct staff to draft an Ordinance establishing the maximum number of large animals allowed to be kept on a parcel-Cont’d. Jeannie Wright suggested addressing the one problem, not creating more laws. It was a rural community and everyone wanted their animals. If people did not want animals they should not live in an area that allowed them. Laura Larsen said she checked to make sure she could have large animals on her property when she purchased it. She suggested having people sign documents acknowledging the zoning they were living in to be referred to if they complained in the future. Also, if the Board was going to change zoning, the people needed to be informed. Ms. Larsen supported anyone being able to have animals on their property. Dee Mounts said the Commissioners needed to focus on that one nuisance issue and not change the rules in order for them to feel better. She asked the Commissioners to keep the town rural and allow people to have animals as long as they were being taken care of. Bob Young said as a former large animal owner he had experienced issues like this before. He volunteered to work with staff and invited other interested large animal owners to join him to bring about a workable solution for all concerned. Mr. Young thought the community could solve the issue. Nicholas Cvjetkovich asked the Commissioners to do the best for everyone. Herman Lewis did not want to be precluded from having large animals and agreed with the case by case approach. Tiffany Mayer also agreed with handling issues on a case by case basis. She offered to help animal owners clean up their lots. Ammie Nelson said she had called Planning for a friend of hers and was told there was no limit for livestock. There were rules and regulations against abuse, and those would be case by case problems that could be addressed. She read the back-up for the RPC that wanted to restrict the number of large animals and felt people should watch for those things and contact their Commissioner instead of getting angry. Linda Hatley said the paper that went out indicated horses should be in a 50-foot stall, but the national average was 12 feet so she questioned where that requirement came from. Theresa Essahani said she moved to Pahrump to have animals. If there was an area that did not want animals then that part of the community should consider an HOA, not ask for a County-wide regulation. July 19, 2022 40. For Possible Action Discussion and deliberation to direct staff to draft an Ordinance establishing the maximum number of large animals allowed to be kept on a parcel-Cont’d. John O’Brien believed the direction Planning needed to go was to only address the large, high-density areas and in the future areas that wished to be included in that type of ordinance could petition the Board with votes of people in their area. He thought that was the fair way to do it and it would leave everyone else to what they were doing. Michelle Chapel stated common sense could not be legislated. She read an e-mail into the record that she sent to the Commissioners regarding her objection to more ordinances regulating livestock in the County. Adam Hadlad, a veterinarian in Nye County, said he agreed with a lot of things said, but he was completely against the government becoming involved and he saw Pahrump starting to do what Las Vegas did. Barb Cianciarulo said she bought property by Shadow Mountain knowing the zoning was such that they could put up a dog kennel to house dogs when their owners traveled, but somewhere along the way the zoning was changed and they were not told. When they were ready to put the dog kennel in they were denied. Ms. Cianciarulo asked the Commissioners to let people know if they were going to change zones and to deal with each issue individually. Joe Burdzinski thought the County had enough ordinances and it was up to the people to make the decision on what they wanted. He asked the Board to let the people decide about their animals. Owen Rollins said he had a conversation with Nevada’s hydrologist about the water table of Nye County as his cattle were near his well. Mr. Rollins was told there was a 50-foot layer of clay in Pahrump and it would take 100 years for the water to be affected. Chris Johnson reminded the Commissioners of the first few words of the Constitution, We the People, and they should be the ones to say yes or no, not just a few people. There were hoarders, but Mr. Johnson thought they could be taken care of on a case by case basis. Tim Bohannon said Pahrump was rural and he moved there because of that. It did not mean the town was not growing, but there was an identity of being rural.

Mr. Waggoner

said he had not heard a specific suggestion, but maybe a good direction to go with this would be more on defining what would constitute a nuisance because that was what started this. All the Code said today was excessive smell, noise, and things like that. July 19, 2022 40. For Possible Action Discussion and deliberation to direct staff to draft an Ordinance establishing the maximum number of large animals allowed to be kept on a parcel-Cont’d.

Commissioner Jabbour

said the Commissioners received phone calls, visits, texts and e-mails from people upset by the smells. The Commissioners were doing the best they could to help and make Nye County one of the best places to live.

Commissioner Strickland

felt people should be able to enjoy their animals where they lived or where they needed to be to be best served.

Commissioner Blundo

thought what was in the Code was appropriate and complaints should be seen as a nuisance, but he wanted people when filing one to think twice as they would have to come to the Board and justify why it was a nuisance.

Commissioner Cox

noted there were laws on the books that would help with things and more laws were not needed.

Commissioner Carbone

commented there were certain things the Board could not do outside of the PRPD until this body was created.

Mr. Waggoner

explained some sort of zone would have to be established for the other towns to define those areas which would allow the towns to come up with specific regulations to address their specific concerns.

Commissioner Strickland

said there was a mapping change for Lathrop Wells. That particular property would have to jump through some hoops and right now no one could do anything unless this Nye County Planning Commission was established.

Mr. Waggoner

explained the NRS stated once the population hit 45,000 this board had to be created, but it was not something that could be done overnight. The Board of County Commissioners acted as the planning commission anywhere outside of the PRPD. As far as he was concerned, as long this correction was worked on the Board could still operate as that board. The problem would come in if the County ignored the trigger.

Commissioner Jabbour

said the communities outside of Pahrump had either an elected board or an advisory board and each one was unique. That needed to be considered because NRS 278.030 required appointing a minimum of two more to the existing board. His recommendation would not be to disband the existing board because they had done a great job in protecting Pahrump. He recommended that it be more than two, or drop the existing seven down to five and then ask for members from each community.

Commissioner Strickland

thought it would make sense to have a member from each of those boards on the Nye County Planning Commission.

Mr. Waggoner

said it was important to remember the difficulty that could happen with getting a quorum. Also, 95% to 98% of the business the planning commission did would be Pahrump business if there were not two separate boards.

Commissioner Carbone

noted time was an issue too. He would like to do something to start with. If just adding two people would not work, then a whole new board could be discussed.

Mr. Waggoner

said he was concerned about getting applicants from the other towns. July 19, 2022 38. For Possible Action Discussion, deliberation and direction to staff to: 1) Create a Nye County Planning Commission as required by NRS 278.030(1)-Cont’d.

Commissioner Blundo

pointed out the NRS plainly read shall create by an ordinance a planning commission consisting of seven members. It was the District Attorney’s opinion that the RPC could be used.

Mr. Waggoner

clarified the thought was to create another board, have the seven RPC members apply for appointment to that board, and have two more members to make the nine-member board. John Bosta said he brought this forward and the recommendation was to have three members from the Town of Pahrump, a member from each town elected board, and then members from the advisory boards to fill out the board. The problem was the PRPD was a district of the County and was now interrupting and changing areas in the County other than Pahrump where people did not want rules and regulations. Joni Eastley said she supported the creation of a totally separate board. Whether they had business to discuss was not the issue. The issue was the development of a good relationship between the Board of County Commissioners and the rest of the frontier land of the County. Mrs. Eastley said she would volunteer and felt very confident in her ability to get individuals from the other communities to serve as well. Tim Bohannon felt the RPC now was very effective and he would hate to lose that effectiveness. He liked the idea of different zoning in the communities as each one had specific needs. If this was formed as a separate board, making sure there was good representation throughout the County while keeping the effectiveness of the RPC today needed to be looked at. Ammie Nelson thought two other members from the outer edges of Pahrump like Tonopah and Amargosa Valley should be appointed and a guideline set up for the town and advisory boards to have that one extra person go as well in case there was a problem. She thought it should start small and see how it went. John Koenig stated his problem was there was a seven member board, four from Pahrump and three from outlying areas. Pahrump could decide what Beatty got to do or Tonopah, so it was never going to work. If it was flipped the other way, that would create other problems and things would not get done in Pahrump that needed to get done. Mr. Koenig thought the easiest way to do it was to have two separate boards. The PRPD would stay the same and control Pahrump and a new board created with a couple of people from the PRPD and five people from Beatty, Tonopah, etc., could control their destiny as they wanted to. In three years it had become very clear the northern part did not want to be ruled by the southern part and Mr. Koenig agreed with that. They also knew what they needed. July 19, 2022 38. For Possible Action Discussion, deliberation and direction to staff to: 1) Create a Nye County Planning Commission as required by NRS 278.030(1)-Cont’d. Michael DeLee agreed with the need for two boards and not touching the Pahrump board at all. He said there were vastly different worlds in Pahrump and outside of Pah rump. If the Board moved forward with this, he felt wording until such time as the NRS was changed should be included as he was seeking a change in the population cap.

Commissioner Strickland

made a motion to retain the current PRPC and create a Nye County Planning Commission consisting of seven members; seconded by

Commissioner Blundo

. Michelle Nelson asked Commissioner Strickland to restate her motion.

Commissioner Strickland

restated her motion to retain the PRPC and create an NCPC as required by NRS 278.030(1); Commissioner Blundo restated his second.

Mr. Waggoner

confirmed that Commissioner Strickland wanted a seven-member board.

Ms. Nelson

noted the agenda item specifically said creation of a nine-member board.

Commissioner Strickland

felt if she stopped at the NRS and did not state if it was a seven, nine or eleven member board the Commission had done its duty.

Commissioner Blundo

made a motion to approve items 14-19; seconded by

Commissioner Strickland

; 5 yeas. July 19, 2022 15. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in October for Tuesday, October 18, 2022, in Pahrump, NV.

Commissioner Blundo

made a motion to approve items 14-19; seconded by

Commissioner Strickland

; 5 yeas. 16. For Possible Action Approval of the meeting minutes from the ioint regular meeting on May 3, 2022.

Commissioner Blundo

made a motion to approve items 14-19; seconded by

Commissioner Strickland

; 5 yeas. 17. For Possible Action —Approval to: 1) Accept the FY 2023 Community Development Block Grant (CDBG) Award #221HS116 through the State of Nevada Governor’s Office of Economic Development (GOED) in the amount of $90,000.00 for the purpose of providing a benefit to low- and moderate-income persons. Matching funds are not required; 2) Approve the Subrecipient Agreement between Nye County and Rebuilding Together Southern Nevada for the purpose of providing Critical Home Repairs to 7 households in Nye County; 3) Execute the grant award and subrecipient agreement documents; and 4) Fund to 10340 Grants.

Commissioner Blundo

made a motion to approve items 14-19; seconded by

Commissioner Strickland

; 5 yeas. 18. For Possible Action Approval to: 1) Accept the FFY 2022 Notice of SubAward (NOSA) Amendment I from Aging and Disability Services Division (ADSD) in the amount of $5,849.00 to provide commodity food funding for congregate and home delivered services at the Tonopah Senior Center, as well as home delivered services in Beatty, Nye County. Matching funds are not required; 2) Execute the Subaward; 3) Fund to 10281 Senior Nutrition.

Commissioner Blundo

made a motion to approve items 14-19; seconded by

Commissioner Strickland

; 5 yeas. 19. For Possible Action Approval to renew cannabis licenses for Fiscal Year 2023 pursuant to Nye County Code 5.32.080(A).

Commissioner Blundo

made a motion to approve items 14-19; seconded by

Commissioner Strickland

; 5 yeas. July 19, 2022 TIMED ITEMS 8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — pursuant to NRS 244.360 on a complaint alleging the existence of a nuisance located at 0 Tonopah Avenue, Tonopah, NV, and adopt, amend and adopt, or reject Resolution 2022-29: A resolution finding the existence of nuisance conditions, or Resolution 2022-30: A resolution finding nuisance conditions do not exist. Nancy Trout thanked the person who was contacted as she handled this graciously and expediently. She stated there was no longer a nuisance.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Strickland

made a motion to declare there was no nuisance at 0 Tonopah Avenue, Tonopah, Nevada; seconded by Commissioner Blundo. Michelle Nelson asked for clarification of the motion that it would be to adopt Resolution No. 2022-030.

Commissioner Strickland

withdrew her motion; Commissioner Blundo withdrew his second.

Commissioner Strickland

made a motion that the nuisance did not exist at 0 Tonopah Avenue and that Resolution No. 2022-29 be rejected; seconded by Commissioner Jabbour.

Commissioner Strickland

withdrew her motion; Commissioner Jabbour withdrew his second.

Ms. Nelson

explained there were two resolutions. Resolution No. 2022-30 was a resolution finding the nuisance did not exist which should be adopted.

Commissioner Carbone

made a motion that the nuisance existing at 0 Tonopah Avenue no longer existed and to adopt Resolution No. 2022-30 stating a nuisance did not exist anymore; seconded by Commissioner Jabbour. Brenda Gibson, the property owner, said she was grateful for the kind words from Mrs. Trout.

Commissioner Strickland

was not present.

Commissioner Carbone

opened the public hearing. Contracts and Grants Manager Stephani Elliott reviewed the CDBG program, past performance and awards, and the eligible activities.

Commissioner Blundo

asked what the likelihood of success was in applying as there was so little money.

Ms. Elliott

said at the last allocation meeting she attended where the County was offered $90,000.00, that was the only application the County submitted and it was approved for the full dollar amount. CDBG and the Governor’s Office of Economic Development wanted to help as many projects in the State they could. They prioritized and rated each project with the highest rated projects getting funded. What ended up happening was they took little pieces from everyone’s pie to fund as many projects as possible.

Commissioner Cox

thought housing for the homeless was needed.

Commissioner Carbone

mentioned the Gabbs and Manhattan water and sewer systems.

Ms. Elliott

noted that would be three quarters of the money and the State was looking for County participation as far as funding.

Commissioner Blundo

suggested the Public Works Director get the relevant information for other grants. Nancy Gum from Tails of Nye County said they worked with low-income residents of Pahrump, Amargosa and Beatty. Last year they gave out 6,000 pounds of pet food to the community and this year it would be way over that since everything had changed dramatically in the last few months. Ms. Gum said they could use help with pet food as well as spays/neuters and medical care. She thought they qualified for the grant because they helped low-income individuals. Pat Minshall re-submitted the application for artificial lawns for the library and medical clinic in Amargosa. Donna Corey said she had been working since September, 2021, with Paul Miller from the Economic Development Authorities for Nye and Esmeralda Counties. They scored the CDBG grants last year and participated in giving away the money. She said she supported getting more money for the skate park. July 19, 2022 7. 10:00 a.m. For Possible Action Fiscal Year (FY) 2023 Community — — Development Block Grant (CDBG) Public Meeting: 1) Overview of the FY23 CDBG program; 2) Summary of Past Performance by Nye County with CDBG funding since 1982; and 3) Invite public to provide proiect ideas and input on past or potential projects-Cont’d. Ammie Nelson said when she was with CASA teenagers were removed from their homes because of environmental neglect and they were homeless. She thought maybe DCFS could apply for this grant to help the children. 9. 10:00 am. For Possible Action Public Hearing, discussion, and deliberation — — to issue an Outdoor Festival License to the Town of Pahrump for the Pahrump Fall Festival to be held September 22-25, 2022, at Petrack Park, 150 N. Highway 160, Pahrump, NV. Courtney Kenney was available for questions.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Blundo.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Strickland

disclosed she was a licensed real estate broker, but she had no pecuniary interest in this item or the parcels. Lorina Dellinger explained this item was to comply with NRS by holding a public hearing on the fair market value of the properties.

Commissioner Carbone

opened the public hearing. Robin Grove, CEO of Cars USA Shipping, said her company dealt in imports/exports of exotic vehicles. She talked about 3781 S. Viola and how that property could help her bring tourism and dollars to the community.

Commissioner Carbone

closed the public hearing.

Commissioner Blundo

asked if there was a list of who was requesting each property.

Mrs. Dellinger

said she would provide that information.

Commissioner Strickland

made a motion to declare the fair market value as listed on the five properties; seconded by Commissioner Jabbour. Michelle Nelson asked that the motion be amended to also accept the appraisals from Fidelity. July 19, 2022 10. 10:00 am. For Possible Action Public Hearing on the fair market value of — — five (5) county-owned properties-Cont’d.

Commissioner Strickland

amended her motion to declare the fair market value as listed on the five properties and accept the appraisals from Fidelity; Commissioner Jabbour amended his second; 5 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD 11. For Possible Action Discussion and deliberation to: 1) Consider renewing the Beatty Club Retail Liquor License, license number LQIO-000294 following receipt of payment on July 6, 2022; or 2) Suspend the liquor license and direct staff to set a Hearing to Show Cause to further consider the license.

Commissioner Blundo

disclosed he had a privilege liquor license, but he had no pecuniary interest in this item.

Commissioner Carbone

asked if the license was paid, to which Commissioner Jabbour responded yes. Samantha Tackett pointed out this item was not opened sitting as the Licensing and Liquor Board and the Sheriff was not present.

Commissioner Jabbour

assumed the Chair of the Licensing and Liquor Board.

Mrs. Tackett

advised payment was received on July 6, 2022, the day after their license was suspended. Alpheus Bruton, owner of the Beatty Club, was present via telephone.

Commissioner Jabbour

asked if Mr. Bruton was going to continue the business, to which Mr. Bruton responded absolutely.

Commissioner Blundo

made a motion to renew the Beatty Club retail liquor license; seconded by Commissioner Strickland; 5 yeas.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. July 19, 2022 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 12. For Possible Action Presentation by CourseCo. regarding the current and proposed fee schedules for the Lakeview Golf Course, and discussion and deliberation to adopt, amend and adopt, or reject Town of Pahrump Resolution 2022-03: A Resolution Adopting the Revised Fee Schedule of the Lakeview Executive Golf Course for the Town of Pahrump. Aaron Hensley from CourseCo. and Tanner Bown, the general manager on-site at Lakeview, discussed their new proposed master fee schedule at Lakeview and the reasons for it noting this was the first time they had requested a raise in fees.

Commissioner Carbone

asked if the County could afford this. Savannah Rucker explained this was an increase that would be borne by the people golfing, so it would provide additional revenues for the golf course to operate with. The goal was to get to the self-sustainment incrementally.

Commissioner Jabbour

asked how many members Lakeview had.

Mr. Bown

said generally speaking about 42 individual members with single annual passes along with a couple annual passes and family annual passes.

Commissioner Cox

asked if the County had put any money into the course since it was purchased.

Mrs. Rucker

advised the golf course was purchased for $325,000.00 and it came with all of the assets associated with the property. The room tax ordinance was modified to allow for room tax to go into the Lakeview Golf Course fund to provide the funding to rehabilitate. The County entered into a contract with CourseCo. for management services, which had been breaking even and the room tax rate had been used for capital improvements on the property. She would provide a report regarding the capital that had been invested. Ammie Nelson mentioned a fundraiser held by a political person who paid top dollar for it and did not get near what they were promised. When she heard there was going to be a $25.00 fee for a fundraiser she asked herself if a percentage would be a better way to go rather than dollar amounts. Ms. Nelson asked if Mountain Falls had yearly increases in their fees. Robert Miller agreed with going forward only if the junior package included high schoolers and young college students 20 and under. Dwight Lilly did not believe it was the business of the town or the taxpayers to subsidize people that wanted to play golf at Lakeview. He also did not think they should complete against private golf courses owned for profit so people here could be coddled by the July 19, 2022 12. For Possible Action Presentation by CourseCo. regarding the current and proposed fee schedules for the Lakeview Golf Course, and discussion and deliberation to adopt, amend and adopts or reiect Town of Pahrump Resolution 2022-03: A Resolution Adopting the Revised Fee Schedule of the Lakeview Executive Golf Course for the Town of Pahrump-Cont’d. taxpayer. If the Commissioners decided to keep the golf course, Mr. Lilly stated he did not want his taxes subsidizing it. If the goal was to increase revenue, Bill Hockstedler suggested the optics of the entire situation be looked at. Participation needed to be increased, and that could be done by keeping the fees being proposed but also creating other programs for first responders, County employees, and veterans. Tim Bohannon was surprised he did not see anything in the presentation as far as what the difference would be as to the number of rounds played and the increase or decrease in the number of regular members. He said increased fees may have a negative impact, but not raising rates since 2018 was an issue, and that should be looked at annually if not adjusted every two years.

Commissioner Carbone

asked if the rate increase was to get more money to do more things or if it was based on what was coming.

Mr. Hensley

said no one could ever know what was coming. Multiple scenarios in modeling were run. He could tell the Board how many single annual passes they sold, and how many couples, but they could not say if there was a market for the family pass or the junior pass as there was no history for those.

Commissioner Carbone

expressed his concern with the lack of advertising.

Mr. Hensley

noted the sales and marketing plan was included in the presentation a couple of weeks ago. Advertising could be expensive and the truth of the matter was

Mr. Bown

made a lot of personal phone calls because they did not have a huge marketing budget. They also tried to leverage internet technology.

Commissioner Strickland

made a motion to amend and adopt Town of Pahrump Resolution No. 2022-03 with the amendment to read junior/student annual in both regular play and the pass play; seconded by Commissioner Cox; 4 yeas.

Commissioner Blundo

voted nay. July 19, 2022 13. For Possible Action Discussion and deliberation to approve a Letter of Support from the Town of Pahrump for Consolidated Edison Development Inc’s proposed construction of a solar photovoltaic energy generation facility to be located at 3751 W. Betty Avenue, Pahrump, NV, Assessor’s Parcel Number 027- 541 -25.

Commissioner Strickland

asked the Pah rump Town Board to consider approving the letter of support so it could go through the process. The surrounding residents could be notified and could go to the RPC and the Board of County Commissioners as to whether they wanted solar on private land.

Commissioner Blundo

thought the Board passed a resolution with a big statement saying no solar.

Commissioner Strickland

said she understood that had to do with public lands, If she misunderstood that she apologized, but she thought private lands should have private land rights. Brett Waggoner stated his understanding of that resolution was it was for public lands, not private lands. Since the Commissioners were sitting as two different boards, in order for them to proceed with the SUP process this action was required.

Commissioner Strickland

said that was why she asked the Town of Pahrump Board to consider a letter of approval to see if there was support from the community for solar on private land, which she thought was a good use. John Bosta cautioned the Commissioners that in Amargosa there was a solar project on private property. The Governor gave them 55% off on the taxes and it hurt the town by $690000.00 and the library by $39,000.00, and that loss would be for 20 years. He asked the Commissioners to make sure these people would not go after the tax rebate and suggested they find out what they were really supporting. Ammie Nelson said this was an electrical power system designed to produce usable solar power. Since it was on private land she asked who they would sell it to, who were they in competition with, and what this would lead to in that area of town. Kay LaPointe said while on vacation she drove the 1-40 in the Texas panhandle, about three quarters of which was all wind farm which appeared to be on private land. If the Board decided to do this, she thought it could lead to everyone doing it on their land, leading to a whole area of town doing it. It did not matter to her whether it was public or private. She did not think it needed to be in Pahrump.

Commissioner Blundo

had issues with the location as well as the resolution the Board adopted which stated no solar in Nye County. July 19, 2022 13. For Possible Action Discussion and deliberation to approve a Letter of Support from the Town of Pahrump for Consolidated Edison Development Inc’s proposed construction of a solar photovoltaic energy generation facility to be located at 3751 W. Betty Avenue, Pahrump, NV, Assessor’s Parcel Number 027- 541 -25-Cont’d.

Mr. Waggoner

explained this agenda item was written based on the direction from the Board. The Commissioners asked the Planning Department to re-draft the letter they provided so they added in the conditions from the discussion held while sitting as the Pahrump Town Board last time. Additionally, they were not required to get a letter. They just had to ask the town for one, and they could still apply for an SUP without one.

Commissioner Strickland

made a motion to approve a letter of support from the Town of Pahrump for Consolidated Edison Development, Inc., on property as stated; seconded by Commissioner Carbone.

Commissioner Cox

said she did not want to send the letter.

Commissioner Blundo

asked if this was the item where the different rates could be adjusted. Savannah Rucker said no and explained this was where the Board approved the tax rate as sent out by the Treasurer’s Office and certified by the Nevada Tax Commission. The Board set the property tax rates prior to the budget workshop scheduled for January or February, 2023.

Commissioner Blundo

said the Board wanted to make an allocation into tax entity 02 Road. He said the Board had not heard that item this year.

Mrs. Rucker

advised when the Board adopted the budget that was when the tax rates were approved for the funds in the Nye County general budget book.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland. July 19, 2022 31. For Possible Action Discussion and deliberation to adopt, amend and adopt or reiect Nye County Resolution No. 2022-32: A Resolution Directing the Levy of the Tax Rate Required for Fiscal Year 2022-2023-Cont’d. Mark Kampf, speaking as the Treasurer, said he had concerns about tax bills being prepared. The tax bills had been developed and were at the printer ready to go on the same schedule as in the past.

Commissioner Strickland

asked Mr. Sutton if NACO was carrying the bill for property exchange.

Mr. Sutton

said at this point they have not indicated they wanted to carry that one.

Commissioner Strickland

had hoped to be able to bring that forward to avoid the Floyd Trust situation.

Commissioner Carbone

said that could be one of the items Mark Fiorentino worked on.

Commissioner Strickland

wanted to make sure Mr. Fiorentino had strong feelings of support about what the Board chose.

Commissioner Carbone

asked Mr. Fiorentino his feelings.

Mr. Fiorentino

said he was present to just answer questions and provide feedback if he could. He said he tried to do research, but it was difficult because it was hard to determine exactly what the goals were with the items. He researched number 3 and felt it was worthy to go forward. He thought the statute currently allowed the Board to do July 19, 2022 34. For Possible Action Discussion and deliberation regarding Bill Draft Requests (BDRs) Nye County can submit for the 2023 Legislative Session-Cont’d. what they wanted to do, but it needed vetting and he did not think he was the only one who should do that. There was also a disagreement amongst people who helped advise on this issue on what the statutes said and did not say. The only advice today on that item was it was certainly worth considering as Mr. Fiorentino thought it was a reasonable request to make, but the first step would be to reach a consensus on what the current statute said and if not, what the precise issue was. Regarding item 8, Commissioner Strickland said there had been some conversations and she wondered why the Board could not make all managers contract managers instead of employees.

Mr. Fiorentino

cautioned any attempt to change the labor negotiation laws in the State would be a big hill to climb and he would not be optimistic on that particular one.

Commissioner Cox

said she wanted to abolish the unions and last year Mr. Fiorentino told her that he would look into putting it on.

Commissioner Carbone

said a presentation was put together to talk about what the cost of the union was. It was briefed in Carson City and was turned down pretty quickly. Also, the Governor just made the State employees able to unionize.

Commissioner Blundo

said personally he had been a firm believer in repealing the commerce tax and thanked the Board for supporting that. Another one was the elected officials’ pay.

Mr. Fiorentino

advised there was a group that would have a bill to address that chapter on all the pay issues and it was another reasonable option for the County’s BDR.

Commissioner Blundo

asked to have the pay issue added to the list as well as rural gambling could be a special license.

Mr. Fiorentino

said the gaming chapters needed a lot of lead time to create coalitions.

Commissioner Carbone

asked for prevailing wage to be on the list.

Mr. Fiorentino

said it did not need to be on the County’s list. If it was capable of being passed it would be on someone else’s list, and if not capable of being passed there was no reason to waste the BDR on it. He noted the County had 30 days maximum to make the decision on the BDR. The Board kept all items on the list except 1, 2 and 5, and added prevailing wage, elected officials pay, and the gaming license. July 19, 2022 34. For Possible Action Discussion and deliberation regarding Bill Draft Requests (BDRs) Nye County can submit for the 2023 Legislative Session-Cont’d.

Mr. Fiorentino

reminded the Board he mentioned not having prevailing wage as a BDR.

Commissioner Blundo

suggested at the next cutoff to have that notation and then have foHow up to remove it or go a different route. He also thought County Commissioners should have a license plate and he wanted that on the list.

Commissioner Jabbour

suggested focusing on some of the other serious issues and remove the gaming license from the list.

Commissioner Blundo

said he was just asking for Commissioners to think about it for the next couple of weeks. Brett Waggoner asked if population triggers was something the County wanted to pursue because there was a whole list of things that would be triggered with the 45,000 number.

Commissioner Carbone

asked to have that put on the list. Tim Bohannon said a few months ago he sent Commissioner Carbone a possible legislation update to the racing bill as well as Regulation 20, the racing itself. As far as BDRs, he said it would be helpful to get more information and background on those. Ammie Nelson said she did not agree with item 7, which would change the justice courts from an elected official to an appointed official as the people voted for that position for a reason. She supported getting rid of the unions as that was where most of the money went. Laura Larsen said she supported eliminating the unions. JUSTICE(S) OF THE PEACE 33. Presentation pursuant to NRS 4.060(8) Annual Report by the Tonopah Justice Court for Fiscal Year 2022-2023. The presentation was in the back-up July 19, 2022 COUNTY MANAGER 35. For Possible Action Discussion and deliberation to consider an approval of the comments prepared as a response to The National Aeronautics and Space Administration’s (NASA) draft Environmental Assessment.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Cox; 5 yeas. 36. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect Nye County Resolution No. 2022-33: A Resolution of intent to sell five (5) county-owned properties at an auction described as: 1. 3781 S. Viola Ave., Pahrump, NV. Assessor’s Parcel Number 037-303-01 owned by Nye County, consisting of .5780-acre Multifamily Residential (MF) zone. 2. 2220 S. Zuni Ave., Pahrump, NV. Assessor’s Parcel Number 042-872-13 owned by Nye County, consisting of a .46-acre Village Residential (VR-20) zone. 3. 6470 S. Hwy 160, Pahrump, NV. Assessor’s Parcel Number 047-041 -15, owned by Nye County, consisting of a .64-acre Specific Plan (SP) zone. 4. 6510 5. Hwy 160, Pahrump, NV. Assessor’s Parcel Number 047-041-16, owed by Nye County, consisting of a 28.49-acre Specific Plan (SP) zone. 5. 6576 5. Hwy 160, Pahrump, NV. Assessor’s Parcel Number 047-041 -17, owned by Nye County, consisting of a 1.74-acre Specific Plan (SP) zone. The appraisals of the subject properties were conducted by Fidelity Appraisals.

Commissioner Strickland

disclosed she was a real estate broker, but she had no pecuniary interest in this item.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland; 5 yeas. PLANNINGIBUILDING/CODE COMPLIANCE 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. 2022-08: A Bill proposing to amend Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, by amending Section 17.04.925 pertaining to Temporary and Continuous Directional Signaqe; 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. Brett Waggoner explained that currently any off-premise sign that came before the Board required general commercial zoning as well as a CUP approved by the RPC. A July 19, 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. 2022-08- Cont’d. lot of zone changes were being done with the different builders putting up directional signage, the ones planted in the ground as well as the ones put out on the weekends. They were required to do a zone change and the CUP process, but the zone change would never go away while the sign would. This would allow it to automatically revert to the original zoning. Tim Bohannon said it sounded like a zone change was needed for a sign and he would like some clarity on that.

Commissioner Blundo

made a motion to set the date and time for the public hearing as August 16, 2022, at 10:00 a.m. in Pahrump; seconded by Commissioner Strickland; 5 yeas.

Commissioner Blundo

read the title of the bill into the record. PUBLIC WORKS

Commissioner Blundo

made a motion to accept the offer of dedication for road-right-of- way being the entire north 40 feet fronting Anvil Road with the Assessor’s parcel number in the back-up accepting the easement as a general County road and accepting the maintenance responsibility; seconded by Commissioner Jabbour. John Bosta thought the road was already dedicated. If it was not dedicated, then he did not understand why there was no easement for the use of that road for all of the years it had been in the valley. Public Works Director Tom Boiling explained there were not many easements on the road and most of it was owned by BLM. The County could maintain it, but not make it longer or wider or anything like that. Most of the roads in Amargosa were not owned by the County, but the County maintained them because the citizens used them.

Commissioner Blundo

made a motion to accept; seconded by Commissioner Strickland. John Bosta asked if this was a land agreement for the right-of-way or a land agreement for the road.

Commissioner Carbone

said for the road.

Mr. Bosta

stated the BLM right-of-way was mentioned, but that piece of property had been owned as far back as 2000 and was not BLM land.

Commissioner Carbone

explained the owner of this property was giving up the land to maintain and widen the road. Tom BoIling added BLM owned most of Anvil Road, but not necessarily the section just done. The restrictive covenant running with the land was if the County ever widened the road the property owners would have to pay for the improvements in front of their land.

Commissioner Blundo

asked if the issue had a material affect on the item. July 19, 2022 43. For Possible Action Discussion and deliberation regarding a request to: 1) Consider granting Right-of-Way Easement to Valley Electric for Transmission Line project located on Assessor’s Parcel Numbers: 021-218-02; 021-224-02; 021- 227-02; 021-228-02; 021-253-01; 021 -255-02; 021-256-03; 021 -256-04; 021 -256-05; and 2) Waive the annual fees associated with each easement-Cont’d.

Ms. Nelson

said yes as there were significant terms on page 2 specifically. The item could be continued if time was not of the essence to the next meeting, or a motion for additional back-up could be made to distribute it.

Commissioner Carbone

said there was a date associated with it that it had to be done by. Tim Sutton said the applicant’s counsel had agreed to push it to the next meeting. Bob Sweetin, appearing on behalf of Valley Electric, said they were amenable to what the Board desired.

Commissioner Blundo

made a motion to continue the item to 10:00 a.m. on August 16, 2022; seconded by Commissioner Jabbour; 5 yeas. 4. Approval of the Agenda for July 19, 2022 (Non-action item)-Reopened. Tim Sutton said item 37 could be removed from the agenda. FINANCE 37. For Possible Action Discussion and deliberation regarding the budget status for May 2022 for Nye County and all sub-entities for Fiscal Year 2022. This item was removed from the agenda.

Commissioner Cox

asked for updates on the community center funding from VEA and the skate park lights that were approved a long time ago.

Commissioner Carbone

advised the lights were available and just had not been put in yet.

Commissioner Cox

suggested using solar now. Tom BoIling advised 2.2 miles of Belmont Road were skin patched, which really improved the worst section of it, and they were finishing up the rest of the potholes on that road. They planned on doing a small section on Farm Road in Amargosa the same way and would also scrub seal a mile long portion to see which one lasted longer under the strain of the trucks. That would happen probably next month.

Commissioner Cox

asked for an update on Linda Street at Roadrunner.

Mr. Boiling

said he was still waiting for the SR299 from BLM, which was the legal right of-way to improve the land.

Commissioner Cox

asked about the pile of asphalt down in that general area.

Mr. Boiling

thought it was probably the millings they were taking off the highway and it was all NDOT. They would probably put it along US-95 where they fixed it after the flood.

Commissioner Blundo

mentioned the potholes on Willis and Thousandaire. July 19, 2022 45. Commissioners’/Manaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshops/aqendas)-Cont’d. Brett Waggoner said he thought there was going to be some direction on the item about the planning commission.

Commissioner Strickland

asked to make it seven members when it was brought back. Tim Sutton asked about the decision of the Clerk and the vacancy.

Commissioner Blundo

said to advertise that for a short period and get it back before the Board in a week. Sam Merlino pointed out that did not leave a lot of time to advertise. If the Board would like to make the appointment on August 2, 2022, she could have a lot of stuff prepared and spend those three days going over everything with whoever was appointed. She was afraid if there was not enough time to advertise the Board would be in the same position they were in today.

Commissioner Blundo

said he was asking for a special meeting and a short window for advertising.

Commissioner Cox

added people needed time to read it and respond to it so three days was pretty short.

Mr. Sutton

mentioned when the Board did special appointments at special meetings there had been a lot of public kickback. He thought it might behoove the Board to do it on a regular meeting instead.

Mrs. Tackett

said the agenda also had to be posted in three days with the names of the applicants.

Commissioner Strickland

thought it needed to fall on a regular meeting. Erika Gerling said she had been trying to comment all day so she would follow up with

Commissioner Jabbour

. She said she resented the comments made about the small town boards. She felt those kind of comments were out of line as the town boards worked just as hard as the Board of County Commissioners. ________________________________ July 19, 2022

Commissioner Carbone

adjourned the meeting. APPROVED this ,‘ day ATTEST: Of ,2022. .4 ) C air Nye C0L*lty Clerk I Deputy IN TIlE IJNJTED STATES COURT OF FEDERAL CLAIMS ) MINISTERIO ROCA SOLIDA, INC., ) Case No. 1:1 6-cv-00826-EDK ) Plaintiff, ) Judge Elaine D. Kaplan ) ) THE UNITED STATES OF AMERiCA, ) ) Defendant. ) ) ) DECLARATION OF VICTOR FUENTES I, Victor Fuentes, declare and state as follows: 1. 1 am the Pastor and designated agent for Plaintiff, Ministerio Roca Solida Iglesia Cristiana, a nonprofit, nondenominational church organized under the laws of the State of Nevada. The church owns “Patch of Heaven” camp (“the property”) in Nye County, Nevada. The property is located in SW 1/4 of the SW 1/4 of Section 21, Township 17S Range 50E in Nyc County, Nevada. The property is completely surrounded by Ash Meadows National Wildlife Refuge. 2. I visit or stay on the property multiple times per week. 3. The U.S. Fish and Wildlife Service (“USFWS”) and Ash Meadows National Wildlife Refuge have not consistently complied with our water rights under Permit 85417 and the Nevada State Engineer’s Warning Notice regarding Alleged Violation Case No. 195. 4. 1 have closely monitored USFWS compliance with the Nevada Division of Water Resources’ November 4,2016 Warning Notice regarding Permit 85417. 5. To comply with the State Engineer’s Ruling, USFWS must deliver a continuous stream of 1.39 gallons per minute (gpm) to supply the permitted limit of 2.24 acre-feet annually from Carson Slough required by Permit 85417. ATTACHMENT 1 6. Since the Nevada Division of Water Resources closed its investigation of Violation No. 195 on January 30, 2018, there have been multiple periods of noncompliance. 7. 1 have measured the water coming from the USFWS system on multiple occasions and USFWS has not delivered the 1.39 gpm as required. 8. The system installed by USFWS does not work properly. On May 16, 2018, the Nevada Division of Water Resources conducted another field investigation regarding USFWS compliance with Permit 85417. The Division’s intra-office Memorandum of May 23, 2018 regarding this investigation is attached as Exhibit I to this Declaration. The investigation revealed that the diversion from the stream to the place of use for Permit 85417 is being pumped and the pipeline at the location of the diversion was leaking. Ex. I. It was also discovered that a DJL meter had been installed on the pipeline, but the meter was not functioning. Ex. 1. 9. Based on my own observations and records, the following is an approximate list of the dates and extent of noncompliance by USFWS with the Permit 85417 since March 10, 2017: 3/10/17: No water. 3/11/17: No water. 3/12/1 7: No water. 3/13/17: No water. 3/14/1 7: No water. 3/15/17: Just a trickle of water 3/16/1 7: No water. 3/19/1 7: No water. 3/28/17: Just a trickle of water. 3/29/17: No water. 3/30/17: No water. 3/31/17: No water. 4/18/17: Did not receive full amount of water. Less than 3/4 gpm. 2 4/19/17: Did not receive full amount of water. Less than 3/4 gpm. 5/27/17: No water. 5/27/1 7: No water. 5/29/17: No water. 5/30/17: No water. 7/12/17: No water. 8/4/17: No water. 11/22/17: Did not receive full amount of water. 11/23/17: Did not receive full amount of water. 11/24/17: Did not receive full amount of water. 11/25/17: Did not receive full amount of water. 12/5/17: Did not receive full amount of water. 3/8/18: No water. 3/12/18: No water. 3/16/18: No water. 3/19/i 8: No water. 5/13/1 8: No water. 5/ 14/1 8: No water. 5/15/18: No water. 6/14/1 8: No water 10/28/18: Did not receive full amount of water. Less than a 1/4 gpm. 10/29/18: Did not receive full amount of water. Less than a 1/4 gpm. 10/3018: Did not receive full amount of water. Less than a 1/4 gpm. 10/31/18: Did not receive full amount of water. Less than a 1/4 gpm. 11/1/18: Did not receive full amount of water. Less than a 1/4 gpm. 11/2/18: Did not receive full amount of water. Less than a 1/4 gpm. 11/3/18: Did not receive full amount of water. Less than a 1/4 gpm. 11/4/18: Did not receive full amount of water. Less than a 1/4 gpm. 11/5/18: Did not receive full amount of water. Less than a 1/4 gpm. 11/6/18: Did not receive full amount of water. Less than a 1/4 gpm. 11/7/1 8: Did not receive full amount of water. Less than a 1/4 gpm. 11/8 18: Did not receive full amount of water. Less than a 1/4 gprn. 11/9/18: Did not receive full amount of water. Less than a 1/4 gpm. 3 11/10/18: Did not receive full amount of water. Less than a 1/4 gpm. 11/12/18: Did not receive full amount of water. Less than a 1/4 gpm. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. DATED this 19 day of November 2018. Victor Fuentes 4 . o L. a6ed £2 I L Did P ](I —; r_ r c) J)(1)u- :- - - —-. - ft ‘ \ J’\oJ ; I -, -__) o — - C, -o —zZ cN-.S k,. ‘ q. cc C-o c-oc- -7 øp 0. I.. odrgv9E-0V41 d 91.1. “I8LIL Gmail - 2020 Water Measurements: 7/18/22, 11:52 PM I’I 3rnaiI Victor Fuentes <victor.fuentes777gmail.com> 2020 Water Measurements: messages Annette Fuentes <annettefuentes4gmaiI.com> Tue, Jun 14, 2022 at 6:06 PM To: victor.fuentes777gmaiI.com 2020 Water Measurements: Jan 2020: can’t find any Feb 11th 2020 1:30 pm 8 gal. March 3rd 2020 8:22 am 13 gal April 2020 no measurement we did have a flood on property. May23rd 2020 4:58pm 1 gal June 20 2020 10:56 am NO WATER we had a lot of problems getting the water Fish & Wildlife came and cleaned out the pipe. July 21st 2020 8:02 am 3/4 gal July 26th 2020 2:53 pm 314 gal July 27th 2020 9:41 am 3/4 gal Aug 1st 2020 6:00 pm 13 gal Fish Wildlife cleaned out pipe Aug 6th 2020 7:11 pm 1/4 gal Aug 18th 2020 11:17 am 1/4 gal Sept 7th 2020 12:39 pm 3/4 gal Sept 15th 2020 8:28 am 13 gal Fish & Wildlife came and cleaned out the pipe- we have video Oct 9th 2020 11:32 am NO WATER Fish & Wildlife came and cleaned out the pipe- We have video Nov 2020- can’t find measurements Dec 5th 2020 9:49 am 1/4 gal. Fish & Wildlife came and cleaned out pipe. Victor Fuentes <victor.fuentes777gmail.com> Tue, Jun 14, 2022 at 6:07 PM To: David McDonald <dmcdonald@mslegal.org> IQuoted text hddenJ Page 1 of 2 Gmaii - 2021 Water Measurements 7118122, 11:49 PM r’i 3 rnall Victor Fuentes <victor.fuentes777gmaiLcom> 2021 Water Measurements messages Annette Fuentes <annettefuentes4gmail.com> Tue, Jun 14, 2022 at 5:35 PM To: victor.fuentes777gmail.com 2021 Water Measurements Jan 2021- No measurement can’t locate them. Feb 2021-No measurement can’t locate them March 14 2021 4:27 pm 41/2 gal April 7th 2021 9:40 am 314 gal April 24 2021 9:11 am 2 gal May 16 2021 6:22 pm 2 gal May 29 2021 7:05 pm 10 gal PROBLEMS IN JUNE June 3 2021 5:18 pm 3/4 gal June 4 2021 7:48 pm 3/4 gal June 5 2021 2:54 pm 112 gal June 6 2021 8:33 am 3/4 gal June 8 2021 9:04 am 1/2 CUP WATER John Bosta camp to camp as a witness June 8 2021 June 9 2021 1/4 CUP WATER June 10 2021 9:38 am NO WATER Fish & Wildlife came and cleaned out the pipe- We were getting 9 gal after he did it- have video June 12 2021 7:21 pm6gal June 14 2021 1:16 pm 51/2 gal June 16 2021 3:24 pm 21I4 gal June 19 2021 5:00 pm 3/4 gal June 20 2021 2:22 pm 51/4 gal June 23 2021 8:10 pm 21/2 gal June 25 2021 7:43 pm 1 gal June 27 2021 7:57 pm 1/4 gal June 28 2021 6:42 pm 1/4 gal July 1 2021 8:32 pm 1/4 gal July32021 12:19 pm4 gal July 5 2021 3:32 pm 11/4 gal July 8 2021 7:52 pm 1 gal July 17 2021 6:02 pm 1 gal July 20 2021 10 gal July 30 2021 13/4 gal Aug 1 2021 4:10 pm 2 3/4 gal Aug 7 2021 7:10 pm 10 gal Aug 142021 3:40 pm 10 gal Page 1 of 2 Gma3I - 2021 Water Measurements 7/18/22, 11:49 PM S Sept 8 2021 10:27 pm 10 gal Sept16 2021 4:29 pm 1114 gal Sept 17 2021 9:31 am fish & wildlife came cleaned pipe Sept 29 2021 3:50 pm 5 gal Oct2 2021 3:38 pm 21/2 gal Oct 5 2021 3:05 pm 1 1/4 gal Oct 8 2021 5:27 pm 11 gal Nov 15 2021 2:43 pm 7 gal Dec2 2021 3:15 pm9gal Victor Fuentes <victor.fuentes777gmail.com> Tue, Jun 14, 2022 at 6:23 PM To: “Lorinda A. Wichman” <lawichmanco.nye.nvus> [Quoted text hidden] Page 2 of 2 Omail - 2022 Water Measurement 7110122, 8:46 AM [I (3m ii Victor Fuentes <victor.fuentes777@gmail.com> 2022 Water Measurement message Annette Fuentes <annettefuentes4gmail.com> Tue, Jul 19, 2022 at 8:00 AM To: victor.fuentes777gmail.com 2022 Vvater Measurement Jan 2022 :no measurement found Feb 6 2022 9:14 am 1/4 gal Fish & Wildlife came cleaned out pipe- March 18 2022 5:20 pm 7 gal April 2 2022 10:26 am Fish & wildlife came cleaned out pipe April 2 2022 5:30 pm 6 gal April 30 2022 710 pm 5 gal May 8 2022 3:30 pm 10 gal May 22 2022 1:00 pm 5 gal May 25 2022 7:30 pm 2 gal May 26 2022 8:20 pm 1/14 gal PROBLEM JUNE June 10 2022 8:10 pm 3/4 gal June 11 2022 3:35 pm 1/2 gal June 11 2022 6:39 pm 3/4 gal June 12 2022 7:42 pm 3/4 gal June 13 2022 5:42 am 314 gal June 14 2022 12:27 am almost a gal June 14 2022 5:58 am almost a gal June 14 2022 10:07 am Fish & Wildlife came out to clean out pipe June 142022 11:54 am 9 gal June 17th 2022 7:55 pm 10 gal June 25th 2022 8:44 am F&W came and checked the pipe June 25th 2022 1:35 pm 3 gal June 27th 2022 7:40 am 1 1/2 gal June 27th 2022 8:45 pm 3/4 gal June 28th 2022 7:38 am 314 gal July 1St 2022 10:53 am F&W came down to solar panel and were doing something there. July 2nd 2022 8:23pm 8 gal July 4th 2022 12:19 pm 8 gal July 8th 2022 8:43 am 4 gal July 8th 2022 8:03 pm 2 1/4 gal July 9th 2022 8:24pm 1 1/2 gal July 10th 2022 6:10am 1 1/2 gal July 10th 2022 8:33 not even a full gal a little more than 3/4 gal July 11th 2022 5:52 am 3/4 gal July 11th 2022 8:48 pm 1/4 gal July 12th 2022 6:44 am 1I4 gal https:JImaiI Page 1 of 2 Omail - 2022 Water Measurement 7/19122, 8:46 AM July 12th 2022 1:52 pm F& W came to flush out the pipe they couldn’t get it to work the worker said he was going to , talk to his boss to see what he wanted him to do, he left at 3:52pm July 12th 2022 6:15pm Mile Bowers came, he admitted that they couldn’t figure out why the system failed they will be back in the morning. Meanwhile we have NO WATER’! July 13th 6:50am F&W are working the well that delivers the water to us. July 13th 2022 1:05am Trevor Dolby came to witness July 13th 2022 1 :4pm F&W we’re at the pipe and they told us they thought they had it fixed, but they tried to get the water through and it didn’t work July 13th 2022 9:44pm we are getting 3 gal being pumped from water truck July 14th 2022 6:44 am NO WATER!!! July 15th 2022 11:59 am water truck is delivering our water to us July 15th 2022 8:15am I received a call from Mike Bowers telling us he got the system working around 6:30 am July 15th 2022 4:52 pm 101/4 gal Page 2 of 2 ________ __t__ ___ MG69O6.3PG 7(19(22, 12:22 AM ;.‘: 1• ‘ :- F.. I? F. . •. . I. : ; a 1 0• ‘ 4.91: --:-4?*: . - “r ,fr n -. ..w -* •1 — ti -4- -__ __ ‘tc / - about:blaflk page 1 of 1 mageOO2.jpg 7119122, 12:25 AM I1 Jv •: about:blank MO Page 1 of 1 IMG_9220jpg 7119122, 12:21 AM 6:37 .1 Today 5:52 AM Edit [!] V about:b$ank 2 Z /4 3/2La) Page 1 of 1 1 by the Nevada Water Resources Association, including a class 2 that was just offered last June on vested water rights. I’ve 3 attended several —— There’s conferences and they’re often 4 water rights trainings or sessions, often water right 5 sessions. So that would be the training I have for Nevada. 6 Q. Have you been qualified as an expert in hydrology 7 before the Nevada State Engineer? 8 A. Yes, I have. 9 MS. AUFDEMBERGE: I move to have Dr. Mayer 10 testify as an expert in water rights and hydrology for this 11 hearing. 12 MS. BROWN: And Solid Rock renews its objection 13 to that qualification. May I conduct a voir dire? 14 HEARING OFFICER FAIRBANK: You may. 15 VOIR DIRE EXAI4INATIQN 16 By Ms. Brown: 17 Q. Dr. Mayer, I’m Zhonette Brown. I represent Solid 18 Rock. You’re not an attorney; correct? 19 A. No. 20 Q. And you don’t have any professional 21 certifications dealing with water rights? 22 A. No. 23 Q. You’re not a licensed water rights surveyor? 24 A. No. We have one on our staff and I work with him 0 283 CPTTOT, RF.PflRTFRS (77’ R2—fYR22 ____________ 1 closely. But I’m not. 2 Q. And you’ve never worked in a state agency that 3 reviews and determines water rights on behalf of the state? 4 A. No. I work with a lot of them but I have not 5 worked with —— for them. 6 Q. And just last year you testified that you knew 7 only generally but not specifically the State Engineer’s 8 process for reviewing evidence to support a water right 9 claim; correct? 10 A. Reviewing what? I’m sorry. 11 Q. You testified that you knew generally but not 12 specifically the State Engineer’s process for reviewing the 13 evidence to support a water right claim; correct? 14 A. I believe I was talking about a vested water 15 right claim, yes, I think I did testify to that. 16 Q. And in your view it doesn’t take a great deal of 17 time or research to determine if someone has a water right; 18 correct? 19 A. Can you repeat that? I’m sorry. 20 Q. Sure. In your view it doesn’t take a great deal 21 of time or research to determine if someone has a water 22 right? 23 A. Well, they make it a lot easier these days with 24 the state online data base here in Nevada. Sc it’s fairly C) 284 CPTTOT, ap.poRTFRs (7Thi RR7—22 1 easy. But I wouldn’t say it’s always easy. 2 Q. Well, you testified last year that it is —— that 3 it doesn’t take a great deal of time or research to determine 4 if someone has a water right; correct? 5 A. If I testified that’s okay, if I said that, yeah. 6 I will stand by that statement, yes. 7 Q. And you’ve never taken any academic courses 8 related to the history of water rights in Nevada? 9 A. Not —— I have not taken any academic courses. Do 10 you mean, like, college courses? 11 Q. Graded courses. 12 A. Graded courses, no. 13 Q. And all of the testimony that you’ve referred to 14 before, your experience, you are and you have been qualified 15 as an expert hydrologist; correct? 16 A. Yes. 17 Q. And hydrology is an aspect of consideration in 18 water rights; correct? 19 A. Yes. Very closely related, I would say. 20 Q. But it’s related to the scientific aspect of how 21 much water is there, what is the source, where does it flow, 22 and how does it flow; correct? 23 A. That’s generally correct, yes. 24 Q. Hydrology, your experience and training in 285 CAPTTOT, REPORTERS (775 aA2—322 1 hydrology, does not provide you with insight in to 2 interpreting and applying Nevada regulations or statutes 3 regarding water; correct? 4 A. I’m not sure I agree with that. 5 Q. As a hydrologist did you study water law? 6 A. I’ve had the experience, but I have not taken any 7 courses. 8 0. You’ve had experience in —— 9 A. Yes. 10 Q. —- your current position? 11 A. Yeah. The experience that I described. But I 12 have not taken any courses, if that’s what you mean by study. Q 13 Q. But all of the —— When you testified earlier 14 regarding your experience in other matters, you didn’t make a 15 distinguish —— you didn’t distinguish whether you were 16 testifying or involved as a hydrologist or in some other 17 capacity; is that correct? 18 A. I said I testified as an expert witness in 19 hydrology. When I was testifying as an expert witness, I was 20 an expert witness in hydrology, yes. 21 Q. Each time? 22 A. Right, yeah. 23 Q. And it’s your belief that more evidence should be 24 required now than was required in the late ‘BOs to file a 286 CAPTTC)T. F.PO1TERS t775 FR2—5322 1 vested claim to get it approved and eventually get a 2 certificate; correct? 3 A. I don’t think I said that’s my belief. I think I 4 said that’s what I believe the State Engineer required. I 5 think he requires more evidence now than —— Vested claim? 6 Are you talking about a vested claim; right? 7 Q. I’m talking —— The question was related to filing 8 a vested claim, getting it approved, and eventually a 9 certificate. 10 A. So the earliest vested claim that Fish and 11 Wildlife Service has, and we didn’t file this, but it was 12 filed in 1913. There was no map required. There was no flow 13 rate required. There was no description of the season of 14 use. It just said irrigation. And it just said -— I don’t 15 know how many acres, okay. So the standard back then was 16 really low for filing a vested claim, I assume. I assume —— 17 I’m told that there are a lot more requirements now. In 18 Witness Pastor Fuentes’ attempts to try and get a vested 19 claim filed, it looks like the standard claim has been raised 20 because some of those got rejected. So I believe the 21 standard is higher now, okay. I’m not saying it has to be. 22 That’s the State Engineer’s office. 23 Q. But you testified last year that you believe it 24 should be; correct? 287 CAPTTOT, REPDRT1RS 177S RR2—22 ___________ 1 A. No, I don’t think I said it should be. I think I 2 said it is. That’s my belief that the State Engineer 3 requires more information now. 4 Q. Do you recall being deposed last year? 5 A. Yes. 6 Q. And would you like —— Let me provide you a copy 7 of your deposition transcript. I’ll get there. 8 MR. WISNIEWSKI: Let the record reflect Cody 9 Wisniewski. I am providing Dr. Mayer a copy of the 10 deposition transcript, as well as opposing counsel. 11 Q. (By Ms. Brown) When you were deposed last year, 12 you were under oath as you are today; correct? C 13 A. Yes. 14 Q. And you had a chance to review your transcript to 15 make sure that it was accurate; correct? 16 A. The transcript for the deposition? 17 Q. Yes. 18 A. Well, I was provided a transcript. I’m not sure 19 I was provided it for review though. I just got the 20 deposition. 21 Q. Have you reviewed your deposition transcript? 22 A. I looked at it after I got it, yes. 23 Q. Have you found any errors in it? 24 A. I don’t remember. 0 288 CAPTTC)T, RFPORTF,S (77 RR7—22 ______________ C) 1 Q. I would like to refer you to page 117 of your 2 deposition testimony. 3 A. Uh—huh. 4 Q. Beginning on line ten were you asked the 5 following questions and did you give the following answers: 6 Then why would the Nevada State Engineer on his page seven of 7 his ruling say the applicant supports its claims with more 8 evidence than provided by the US Fish and Wildlife Service 9 under its applications by using the Nye County tax assessment 10 rolls beginning with documentation demonstrating taxes were 11 paid for livestock in 1887. 12 Your question: Why would he say that. C) 13 Question back to you: Why would he say that. 14 Your answer: Well, I think it was a different 15 standard back in the late ‘80s. Water wasn’t as contentious 16 and so there was very little evidence required to change uses 17 to go from vested to file a vested claim and get it approved 18 as a permit and eventually a certificate, that kind of thing. 19 It’s much more picky now, as he should be. He needs to be. 20 Was that your testimony? 21 A. Yes. And that’s referring to the fact that there 22 are protests out there now. It’s much more contentious. 23 Q. So you acknowledge that it was easier for US Fish 24 and Wildlife to obtain permits and certificates than you C 289 CAPTTC)T RF.PC)RTFRS (77 R82—5322 ___________ 1 believe it should be for fish —- than it should be for Solid 2 Rock? 3 A. I’m not saying that it should be easier for Fish 4 and Wildlife Service. I’m not saying that. I’m just saying 5 I think it was easier back in those days. Not just for Fish 6 and Wildlife Service. I think everybody had an easier time. 7 But it doesn’t really matter. I’m not determining the 8 standard. I’m not making the decision. These guys are. So 9 it doesn’t really matter what I think. 10 Q. As an expert you have opined before that there 11 are two ways to obtain a water right in Nevada; correct? 12 A. Yes. 13 Q. And one of those ways is through an adjudication? 14 A. Yes. 15 Q. And the other way is through an application? 16 A. Yes. 17 Q. So it’s your opinion as a water rights expert 18 that Fish and Wildlife has water rights because they’ve gone 19 through the application and permitting process but that Solid 20 Rock will not have any water right until there’s an 21 adjudication of that right; is that correct? 22 MS. AtJFDEMBERGE: Objection. This is regarding 23 the substance of the hearing, not the qualification of 24 Dr. Mayer as an expert witness. C 290 CAPTTC)T RF,PORTF.RS (775 FR2—22 1 MS. BROWN: I believe this line of questioning 2 demonstrates that Mr. Mayer’s views as an expert witness are 3 contrary to Nevada water law and that he should not be 4 qualified as an expert in Nevada water law because he has 5 expressed expert witness opinions that are inconsistent with 6 the law. 7 HEARING OFFICER FAIRBANK: So, as I understand 8 it, Mr. Mayer is being proffered as an expert in Nevada water 9 rights, not necessarily Nevada water law. And I will 10 acknowledge that there’s a distinction between Nevada water 11 rights and understanding the function and formality of the 12 Nevada water rights and necessarily being an expert in Nevada 13 water law and we don’t qualify anyone to be an expert in 14 Nevada water law. That’s what lawyers and judges are for. 15 But, with respeot to Mr. Mayer being proffered as 16 an expert in Nevada water rights, I guess the question that I 17 have is, is to what extent is his testimony relating to the 18 specific expertise as opposed to his factual knowledge of the 19 water rights that are in possession by the United States Fish 20 and Wildlife Service and the management of those water 21 rights? 22 MS. AUFDEMBERGE: Can you state that again? I’m 23 sorry. 24 HEARING OFFICER FAIRBANK: So what I’m trying to 291 CPTTC)T, REPO1TF.RS (771 RR2—F22 1 understand is what element of Mr. Mayer’s testimony is 2 anticipated to be proffering an expert opinion versus just 3 his knowledge and understanding and experience in the 4 handling and management of Fish and Wildlife Services water S rights? 6 MS. AUFDEMBERGE: He delineates his -— what he 7 characterizes as opinions. But I take your point that it’s 8 also intertwined with his factual testimony. 9 HEARING OFFICER FAIRB?NK: So that we can just 10 continue moving forward, we’re not going to qualify Mr. Mayer 11 as an expert in Nevada water rights. However, Mr. Mayer is 12 absolutely entitled and free to provide fact testimony with 13 respect to the water rights that are being obtained by the 14 Fish and Wildlife Service and his understanding and 15 certainly, you know, to the extent that that’s what his 16 testimony today is here to be offered for. 17 MS. AUFDEMBERGE: Thank you. 18 HEARING OFFICER FAIRBI½NK: And also, Mr. Mayer 19 has been qualified previously as an expert in hydrology. And 20 he will again be so qualified in this proceeding. 21 Q. (By Ms. Aufdemberge) Dr. Mayer, is Exhibit 105 a 22 true and correct copy of your curriculum vitae? 23 A. Yes, it is. 24 Q. Is Exhibit 104 a true and correct copy of your 292 CAPTTOT RFPORTFRS (77 RR2—322 I request that my comments are reflected in the minutes and I submit a copy of my prepared written remarks for inclusion in the minutes June 22, 2022 the B0CC approved outdoor grow of cannabis for Mi Distributing located at 2215 E. Anvil Road, Amargosa Valley, NV. Assessor’s Parcel Number 019-181-02 June 28, 2022, I asked Planning for the Nye County Code covering waiver of special use permits. I was given a copy of 17.04.915 Waivers and Special Exception Procedures and Chapter 17.60 Marijuana Establishments: Zoning Requirements with 17.06.040(4)(7) and 17.06.040(6)(2) yellow highlighted. The BoCC is commingling WV-22-10 from the Pahrump Regional Planning District code 17.04.915 Waivers and Special Exception Procedures with the Marijuana Establishments codel7.06.040(4) Mandatory Conditions of Approval (7) Prohibit Certain Activities: & 17.06.(6) Security and Screening Standards For The Cultivation Of Marijuana (2) Marijuana may only be cultivated in an indoor area equipped with locks or other security devices that permit access only. A WV-22-10 does not exist in Nye County Code 7.06.040.F(2). Code 7.06.040 does not contain a Waiver June 22,2022 during Public Comment Item No.9 of the Nye County Board of Commissioners (BoCC) meeting, as Vice-Chair of AVTB, I made the following comment: The Board is strong opposed to Mi Distributing growing marijuana outdoors.” July 22, 2021 Amargosa Valley Town Board Agenda Item 11. For Possible Action- Discussion and deliberation move a SPECIAL USE PERMIT from Pahrump to Amargosa Valley in behalf of Mi Distribution for application to the BOCC for Cannabis Cultivation and Production located at 2215 E Anvil Road Amargosa Valley, NV 89020. The Board approved to place a 1,250 square foot building on the site, of which 245 sq. ft. would be used for production and 333 sq. ft. will be used for cultivation. The remaining square footage will be used for administration and office space. This building would be used for cultivation indoor only. At this meeting the Board was strongly opposed to MJ Distributing growing marijuana outdoors. The Planning Department is combining Pahrump Code and County code to justification of the BoCC action. The Amargosa Valley Town Board is strongly opposed to Mi Distributing growing marijuana outdoors. Respectfully, John F. Bosta ci -L ATTACHMENT 2