August 2, 2022

Commissioner Cox

and Sheriff Wehrly were not present at this time.

Commissioner Strickland

was present via telephone.

Commissioner Cox

for confirming the issue in the United States with child trafficking, which was a world issue. Ms. Walters then talked about the need to protect the community, farmers, children, rights and faith; how the school stopped growing food and why there was no community garden; the mid-term variant being monkeypox and how vaccinated people were getting it; climate change; child sacrifice/torture; and the need to fix the election process. Laura Larsen stated social security numbers and identification cards were being given at the border. At the last meeting she informed the Board about the incident at the Hoover Dam. There was now no water to release and she said the County needed to do something regarding water, but not meters on wells. Joe Burdzinski talked about the fire at Inspirations Senior Center on July 23, 2022. He was glad to see the fire department was there and said the professionalism of the firefighters helped calm the residents. He commended the Pahrump Fire Department for being there. Jeannie King addressed the proposal of a solar farm on Basin and Bannavitch. She was at the meeting before Rough Hat left where Commissioner Strickland stated she was against solar intruding on the town. Ms. King went to another meeting a few weeks ago about this proposal to put it on private land with an LLC where Commissioner Strickland said she was for it and it was a solution. Ms. King wondered what happened since a plethora of Pahrumpians did not want it on private land. Darrell Lackey said the problem in the country was congressmen were all millionaires and the lobbyists were paid bribers of elected officials. At some point in that process August 2, 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. there came corruption and they were bought off. Mr. Lackey felt it could be stopped if Democrats and Republicans were never put in office. Ammie Nelson said she shared a video on Facebook this morning about special training for animals in shelters, which was quite successful around the country and prevented animals from returning to the shelters. She stated she was not in favor of the solar farm on Basin and Barney. Debra Gaylord-Thomas said there was a lot of proposed development in the valley and she had serious questions about the quantity of water. She felt a study needed to be done on that before any more building permits were issued for construction. She suggested the Board create a condition effective as soon as legally possible to require developers to confirm there was enough water to support their project at their own expense along with providing the infrastructure and anything else that would be required in the valley to accommodate the proposed population increase. Diane Southworth wondered why the Republican senators in Washington, D.C., were trying to hurt the veterans and voting against a bill they voted for two weeks before. As far as voting, Ms. Southworth watched Republican state legislatures put through bills that said they could overturn the election and have it done by the legislature. The problem was they only wanted to overturn the Democratic votes instead of all of them.

Ms. Southworth

said fair elections were needed in this country, not state legislatures deciding who won no matter what the vote count was, and she hoped the next County Clerk agreed with that. Sam Jones said the country was in turmoil and the County would be in turmoil if the Commissioners did not keep it running right. He asked the Commissioners to be the conservatives they were elected to be. Pat Minshall said she believed over two years ago the State put a charging station at US-95 and Highway 373 in Amargosa, but it was not open. Research in Pah rump indicated there were no charging stations in Pahrump, and Pahrump had a population of over 40,000. NDOT indicated the problem might be with yEA. Kurt Thompson of Long Street had worked with VEA to have a charging station put in at Long Street in Amargosa and had no help. Ms. Minshall thought the Commissioners needed to look into the problem. Helene Williams, appearing on behalf of the private well owners, said September 6, 2022, was Protect the Groundwater Day and asked the Commissioners to declare that in Nye County. August 2, 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. Richard Goldstein, senior vice commander for DAV Chapter 15, stated this Sunday was Purple Heart Day. There would be a ceremony at the Veterans’ Memorial at 6:00 p.m. and he invited the Commissioners and the public to attend. He said Mrs. Southworth touched slightly on the legislation that went before the Senate that they refused to pass on the burn pit. Mr. Goldstein thought everyone needed to call the Republican senators and tell them veterans voted. Chelsea Fischer said it seemed like a lot of people were not reading the bills proposed and she hoped people would. She explained the reason the burn pits did not get passed was because there was an added $400 billion that had nothing to do with veterans and burn pits. As far as politics being corrupt and where the money was funneled, Ms. Fischer asked people to look at candidates’ campaign accounts and see where the money was funneling from. She then advised she had an elderly person in her neighborhood and she was concerned with them being discharged from the hospital with no way to get home because there was no transportation available at certain hours.

Commissioner Cox

was present. Ed Kelly, representing Nye Communities Coalition, stated they were a sub-recipient of a grant from the EPA and they were promoting specialized trainings for the EPA. Erika Gerling advised she was present in Beatty.

Commissioner Cox

said she saw Mr. O’Brien’s property during the flood and something was terribly wrong with the plan for flood issues because $20 million was spent not too long ago on flood control and it should not have happened. She asked him to get together with Public Works, the County Manager, and the Chairman to work it out so it never happened again. She thanked Ms. Walters for mentioning the fact that they were working on the child trafficking. As to the climate, Commissioner Cox noted it was no hotter/colder than it had ever been and it was all strictly about the money. She pointed out Nye County’s groundwater was separate from Clark County, but was concerned about Clark dipping into Nye’s basin which was why she wanted to extend the County August 2, 2022 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future works hopslagendas)-Cont’d. line to the other side of the wells and/or Basin. She asked that the water board look into that. As to water rights and development, Commissioner Cox stated the Board had not approved any new developments. The problem with trying to stop them was they all had water rights so they had water for their projects. She then said she thought there was a taxi service that ran all night long that could help patients get home. Lastly, she read last night a lot of places did not having charging stations as they were $250,000.00 each.

Commissioner Blundo

said he had researched charging stations. The ones in Tonopah and Beatty were through the State. It was very difficult to get the materials and permissions to have the proprietary information, but one was needed in Pahrump. He said he would like to see an item for the September 6, 2022, Protect Your Groundwater Day.

Commissioner Jabbour

stated if someone thought he or any of the other Commissioners were corrupt then they needed to prove it.

Commissioner Carbone

agreed with the groundwater day proclamation. SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS

Commissioner Blundo

asked if he currently resided in Nye County, to which Mr. Caccavale said yes, at 1170 Factory Road in Pahrump. Mark Kampf, elected Republican nominee for Nye County Clerk, said there was no other candidate for Clerk or anyone under consideration for the appointment who was as well prepared for the role or had a detailed, well-documented election plan. He reviewed his plan for the Commissioners and said as Clerk he would focus on improved signature verification as well as removing ineligible voters from the rolls. The decision the Commissioners would make today would be about what was best for the citizens and voters in the County; who could implement an election process that would be successful; and who could do that while supporting the varied functions of the Clerk, including the Fifth District Judicial Court. Mr. Kampf said he was that candidate and would appreciate the Board’s consideration. Amber Falgout, representing the Institute For A Progressive Nevada, said the roll of County Clerk was crucial to the voting system and fair elections. The previous Nye County Clerk did an incredible job managing the needs of each constituent with the need for a fair, secure and accessible election. She strongly encouraged the interim replacement Clerk to uphold current election laws and support accessible voting for all Nye County residents. It was imperative that the interim Clerk protect against bad actors that wanted to change the election system so it benefited them. The system was secure and the people running the elections had proven that time and time again. Silva Carzajal, Democracy Manager at Silver State Voices, extended a welcome to the interim County Clerk. He said Sandra Merlino had demonstrated herself to be an impeccable public servant and election official and they hoped the interim Clerk would follow in her footsteps to ensure the needs of Nye County voters were properly met. With the County having the third largest percentage increase in population across Nevada (17%), along with the recent requirement to provide election materials in Shoshone, Mr. Carzajal said they looked forward to working with the interim Clerk to make voting more secure, accessible, and equitable to all Nye County voters. August 2, 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: Ian Bayne, Andrew Caccavale, William Hockstedler, and Mark Kampf-Cont’d. Darrell James Lackey said he would be on the ballot in November, 2022. He fixed things and his business, Four Seasons RV Service, had over a dozen five-star ratings. He answered to the people and would love to be hired by them to support honesty and integrity in government. Ammie Nelson said Mrs. Merlino paved the way so things were pretty much set up and whoever was appointed could expand on that. As to who should be appointed, she felt

Mr. Hockstedler

was the only person who had the least for the County to lose and hoped the Commissioners considered him. She thought it was a conflict of interest to appoint a candidate who was running or who had lost. Brian Shoemake stated his support of Mr. Kampf’s appointment as interim County Clerk. John Shewalter stated his support of Mr. Kampf’s appointment as interim Nye County Clerk. Debra Gaylord-Thomas said as a voter she looked at a person’s qualifications for the job and what the job description entailed. In her opinion Mr. Kampf by far was the best candidate for the position. Matthew Morris stated his support of Mr. Kampf. Robert Barlics stated his objection to Ian Bayne being appointed and said he supported

Mr. Kampf

. Jim Marchant stated his support of Mr. Kampf for the appointment and said he would work with him closely between now and the election to regain the confidence of the people that there would be a fair and transparent election. Chelsea Fischer supported Mr. Kampf for the appointment. Rick Minch stated his support of Mr. Kampf for interim Nye County Clerk. Joe Burdzinski stated his support of Mr. Kampf. Nighoni Widehat, a community organizer for Native Voter Alliance Nevada, said accessibility to voting was not a new issue to native Nevada. She encouraged the Commission to appoint a Clerk who would continue to work with the indigenous communities. August 2, 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: Ian Bayne, Andrew Caccavale, William Hockstedler, and Mark Kampf-Cont’d. Sam Jones stated his support of Mr. Kampf as interim Clerk. John Bosta stated his support of Mr. Kampf as interim Clerk. Bill Cams, chairman of the Nye County Republican Party, stated his support of Mr. Kampf.

Commissioner Blundo

made a motion to appoint Mark Kampf to the unexpired term filling Clerk Sam Merlino’s seat effective August 5, 2022; seconded by Commissioner Jabbour.

Commissioner Cox

noted at the last meeting she brought to light that it was not the Commissioners’ job to put candidates into office. She said this was not about the candidates. It was about the process and having a fair election. There was a non partisan candidate and she did not see where putting his opponent in office was fair.

Commissioner Cox

believed the County would be sued over this and said she would not support the motion.

Commissioner Blundo

said the process needed to be streamlined and openings should always be put out to the public. He did not foresee a lawsuit in this situation.

Commissioner Cox

explained her intention was to not include the candidates in the applicants and she thought she needed to ask Mr. Kampf to remove his name. Mr. Lackey understood that which was why he did not submit a letter of interest.

Commissioner Blundo

made a motion to accept the Debt Management Policy Statements and Capital Improvement Plans for those entities that were read during the agenda item opening; seconded by Commissioner Jabbour; 5 yeas. The Board was in recess until 1:30 p.m. August 2, 2022 Sam Merlino was not present. PUBLIC WORKS

Mr. Boiling’s

choice as the Director of Public Works and the airport manager for all three airports was Atkins because of the history the County had with them. Sam Merlino was present. Gavin Fahnestock, Manager of the Aviation Planning Group with Atkins, introduced Kara Bymers, the principal in charge for the County projects, Dan Knott, the project manager for all engineering and consulting services, and Brian Fitzgerald from ESE, one of Atkins’ subconsultants and partners that had worked with the Nye County airports for a number of years. Mr. Fahnestock gave a presentation about Atkins and the projects they had performed for the County over the years, which allowed them to gain a huge amount of experience and knowledge of each of the three airports. He asked the Commissioners to choose Atkins to continue serving Nye County into the future.

Commissioner Blundo

referred to the section of the evaluation entitled capability to perform all or most aspects of the project and recent experience in airport projects comparable to the proposed tasks. He asked why there was a six there.

Mr. Fahnestock

said it surprised them as well. They had over 160 staff in the State of Nevada and joined with ESE for an additional 24, but he asked Kara Bymers to speak to that.

Ms. Bymers

said in in addition to the 162 staff in Nevada they had thousands across the nation. She was also surprised by that score because they could perform a variety of services not only from civil to planning but also electrical. She believed with the upcoming five-year CIP they could accomplish any of the projects they were given today. August 2, 2022 36. For Possible Action Discussion and deliberation regarding RFQ: 2022-10 Airport Engineering and Consulting Services: 1) Accept the response from Armstrong Consultants Inc., Atkins North America Inc., or Wood Rodgers, Inc.: 2) Provide direction to staff to enter into fee negotiations with the selected responder. There is no cost to enter into negotiations-Cont’d.

Commissioner Jabbour

asked what the cost of doing business in Nye County was for the approximately 30 projects completed over the last 18 years.

Mr. Knott

said he would look it up and get back to Commissioner Jabbour.

Mr. Fahnestock

said they had been able to deliver most of the projects, if not all of them, within budget and within schedule. Chris Nocks with Armstrong Consultants had additional information for the Commissioners.

Commissioner Blundo

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

Commissioner Cox

; 5 yeas. The Board took a brief recess while the additional back-up was distributed.

Mr. Nocks

, Justin Peitz, Nadine Burgard and Mike Dikun provided their backgrounds and outlined their roles with Armstrong, which was an airport exclusive company.

Commissioner Cox

asked if the several airports listed on the hand-out were ongoing projects that they handled every year or if those were things they had finished.

Mr. Nocks

explained those airports were ongoing five year on-call contracts just as Nye County was going through now.

Commissioner Cox

was concerned about the company overloading itself.

Mr. Nocks

said they were a small enough company to not be able to afford to go after work they could not support. On Armstrong’s evaluation, Commissioner Blundo said he noticed under qualifications of the project manager and other senior personnel to be assigned to the airport project the score was 15 while Atkins scored a 10 and he wondered why. As to the capability to meet schedules or deadlines, they were average scores with Atkins at a 5 and Armstrong was a 7. He asked why both were not higher than a C.

Mr. Nocks

said time and money were two very important things when it came to airport projects. FAA grants were issued with no contingency so they had to hold cost escalations to a minimum if at all as there was not typically a budget for that. He said August 2, 2022 36. For Possible Action Discussion and deliberation regarding RFQ: 2022-10 Airport Engineering and Consulting Services: 1) Accept the response from Armstrong Consultants Inc., Atkins North America Inc., or Wood Rodgers, lnc. 2) Provide direction to staff to enter into fee negotiations with the selected responder. There is no cost to enter into neqotiations-Cont’d. they provided specific cost data in their statement of qualifications so he could not speak to why they did not get a better score. On the on time side, Mr. Nocks said airports were sensitive with what could be done construction-wise so having specific schedules in place, having those communicated to the airport users, and holding the contractor to a high regard in meeting those schedules were important to them.

Commissioner Blundo

referred to the column for qualifications/experience of subconsultants regularly engaged by the consultant under consideration noting that Atkins scored a 5 and Armstrong scored a 3.

Mr. Nocks

said they identified an electrical engineering sub on their team. They had a long working relationship with PK Electric out of Reno. They were also a DBE firm and that was how Armstrong demonstrated they could meet future potential DBE goals.

Commissioner Blundo

asked if Armstrong had worked with Atkins on any projects.

Mr. Nocks

said they had followed them around the State a little bit, but he could not think of any direct relationship. They worked together on some stuff in Carson City, but there had been no teaming arrangements with Atkins in the past. As to the question regarding schedule and budget, Ms. Bymers from Atkins said their design, inspection and materials testing was approximately 15% of the overall project cost, and a majority of that was covered through FAA reimbursement. Armstrong mentioned the need for PK Electric. Ms. Bymers stated Atkins did not need an electrical consultant as they could do it all in house. Regarding monitoring costs and schedule, she said it may not have come across in the proposal, but as a project director Ms. Bymers said she would meet monthly with appropriate staff to review the projects and if anything was off track the frequency of the review was increased

Commissioner Jabbour

asked how many airports Atkins currently had in Nevada.

Mr. Knott

from Atkins said they worked for Clark County, the City of Mesquite, Nye County, and the Reno Airport Authority, which were their major Nevada clients.

Commissioner Blundo

asked Atkins to explain their score of 5 for their capability to meet schedules or deadlines.

Ms. Bymers

said they did monthly check-ins to monitor schedules. If not on schedule, then additional resources were pulled in first locally and then nationally. In terms of August 2, 2022 36. For Possible Action Discussion and deliberation regarding RFQ: 2022-10 Airport Engineering and Consulting Services: 1) Accept the response from Armstrong Consultants Inc., Atkins North America Inc., or Wood Rodgers, Inc.; 2) Provide direction to staff to enter into fee negotiations with the selected responder. There is no cost to enter into neqotiations-Cont’d. budgets, those were monitored as well. She stated Atkins had no concerns about meeting the County’s needs.

Commissioner Blundo

asked both companies if they would have an issue relaying information if the other was awarded this contract.

Ms. Bymers

advised Armstrong beat Atkins with the Carson airport. Atkins helped Armstrong with the transition and if Armstrong was successful today they would help them again.

Mr. Nocks

from Armstrong said it was a successful hand-off in Carson. They would do whatever needed to happen to make that transition smooth and as painless as possible.

Mr. Peitz

from Armstrong said it was not uncommon for transitions as they were all in the same industry and there were transitions between firms regularly. It was just a matter of communication. He said Armstrong would do the same thing Atkins would do if Armstrong was in their position. As to the evaluation process, Mike Dikun from Armstrong said it was not uncommon to see the scoring bounce around as everyone saw things differently.

Commissioner Blundo

asked if a back-up situation was ever explored if the Board felt a firm was not performing to expectations or if there were clauses in the agreement to allow reconsideration. Bradley Richardson advised there were provisions in the contract if there was non- performance that would allow the County to cancel the contract with notice and cause.

Commissioner Jabbour

asked Mr. Boiling if there were any performance issues with the current company, to which Mr. Boiling responded never.

Commissioner Blundo

made a motion to direct staff to enter into fee negotiations with Armstrong Consultants, Inc., based on the back-up, scoring the highest, and given today’s deliberations, and also understanding from counsel it could be brought back and reconsidered; seconded by Commissioner Cox.

Commissioner Strickland

said Atkins had been performing fine and she was concerned about changing horses at this point. August 2, 2022 36. For Possible Action Discussion and deliberation regarding RFQ: 2022-10 Airport Engineering and Consulting Services: 1) Accept the response from Armstrong Consultants Inc., Atkins North America Inc., or Wood Rodgers, Inc.; 2) Provide direction to staff to enter into fee negotiations with the selected responder. There is no cost to enter into negotiations-Cont’d.

Commissioner Blundo

explained his thought process was there were two firms, one which had done a good job in serving the County and had a tremendous amount of history, but he was concerned there was only one perfect score on their evaluation. Armstrong was given a 93%, and the 6 stuck out to him and did not add up. He saw a firm that did a good job and he had no issues, but he also saw a firm that was very hungry. Commissioner Blundo said they each had a different perspective and sometimes changing perspective was a very positive thing and more was able to be accomplished. That was why he made the motion.

Commissioner Strickland

stated she would not be able to support the motion, but she understood those who would. Ammie Nelson said she supported the selection of Armstrong and hoped the Commissioners would give them a chance.

Commissioner Strickland

made a motion to direct staff to begin negotiations with Atkins North America, Inc.; seconded by Commissioner Jabbour; 3 yeas. Commissioners Cox and Blundo voted nay.

Commissioner Strickland

made a motion to direct staff to enter into negotiations with Atkins North America; seconded by Commissioner Jabbour.

Commissioner Carbone

asked the Commissioners to think about giving this part to the other. Ammie Nelson said she favored Armstrong Consultants because of their rating. August 2, 2022 37. For Possible Action Discussion and deliberation regarding RFQ: 2022-11 Airport Planning and Environmental Services: 1) Accept the response from Armstrong Consultants Inc. or Atkins North America Inc.; 2) Provide direction to staff to enter into fee negotiations with the selected responder. There is no cost to enter into negotiations-Cont’d. John Bosta asked what the difference was between the two contracts being offered. He recommended the Board give the contract to the same organization as the previous item. Tom Boiling explained item 37 was for airport engineering and consulting, and this item was for planning and environmental, If two different companies were chosen they would have to be able to work together.

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. 8. For Possible Action Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public works proiects. Tom Boiling provided updates on the activities of the crews and the status of the projects in the County.

Commissioner Cox

asked for an update on the guardrail at Dandelion and Mount Charleston as well as Linda and Highway 372.

Mr. Boiling

said they had all the pipe they needed for the guardrail and were just waiting for it to stop raining long enough to put it in. As to Linda and Highway 372, they had identified the limits of the asphalt that had to be removed. As soon as a cost from a contractor to repave that was received they would go in and do the work.

Commissioner Carbone

said he sent a letter to Mr. Boiling from a constituent stating there was an issue, which he would re-send. Commissioner Carbone then asked that Mesquite and Bell Vista be looked at.

Commissioner Blundo

asked if any conversations were held and/or if Pace Financing was currently in the County. Savannah Rucker advised the County did not have that currently, but she asked to be allowed to look into it and get back with Commissioner Blundo. August 2, 2022 8. For Possible Action Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public works projects-Cont’d.

Commissioner Blundo

explained Pace Financing was financing for governments to work on infrastructure, and roads were infrastructure. He asked Mr. BoIling to look into Pace Financing and bring the floodplain management plan to the Board. Tim Bohannon said dealing with the floods from a prevention/retention standpoint needed to be explored along with getting the needed funding. He also thought a park and recreation approach could be used to find other financing. John Bosta reminded the Board that in 2005 there was a flood plan developed by the County. His recall was the flood plan was very expensive so it was never implemented. He stated everything in that plan would have prevented what happened over the weekend. Pat Minshall said two short overlays were done on Farm Road. She was surprised to learn the County had a gravel pit at the end of Farm Road and was hauling it down Farm Road on a daily basis. She understood the trucks were not weighed or they were overloaded. The County was contributing to the destruction of Farm Road and the fix was filling the potholes day after day, week after week, and it did not work. The end of Farm Road was virtually pulverized. Ms. Minshall had suggested alternate dirt roads to

Mr. BoIling

, but the trucks were not using them. She asked that her statement be included in minutes [see Attachment 1]. Ammie Nelson mentioned the roundabout going in near Spring Mountain Raceway and how any required upkeep fee should be kept in mind. She then said Bourbon Street and Red Butte always had a problem with holes where they met, but now there was one large hole. Debra Gaylord-Thomas said Mr. Bosta’s comments reminded her of what she talked about regarding developers building for flooding that would be caused by their projects. She suggested working with the Building Department to determine how much flooding would be caused by each subdivision and make them agree to take care of that infrastructure.

Commissioner Blundo

agreed with Ms. Nelson about Red Butte and Bourbon and asked

Mr. Boiling

to take a look at it. August 2, 2022 SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff Wehrly

assumed the Chair of the Licensing and Liquor Board. GAMING 9. For Possible Action Discussion and deliberation to approve a Gaming License for Best Bet Products, Inc., for a gaming slot route located at Shenanigans Pub, 1330 E. Calvada Blvd., Pahrump, NV. Shawn Holmes and Louis Sposato Applicants.

Commissioner Blundo

disclosed he held a privilege license, and gaming was under the privilege code, but he did not have any pecuniary interest and would participate in the item. Sean Holmes from Best Bet Products was present. Samantha Tackett advised there were no outstanding items and the recommendation was for approval.

Commissioner Blundo

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

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 10. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. TOP 2022-02 Completion of Veterans Memorial Building; 2) Award Bid No. TOP 2022-02 Completion of Veterans Memorial Building to Double M Construction in the amount of $686,000.00 for the first bid response or $771,000.00 for the alternative bid response that includes complete demolition of the existing structure and foundation; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Approve funding to be determined at comptroller discretion; 5) Reject bid and provide direction to staff on how to proceed with the project. This item was removed from the agenda. August 2, 2022 II. For Possible Action Discussion and deliberation to authorize and approve The Town of Pahrump to dedicate to Great Basin Water Co. (GBWC) 11.93 Acre Feet Annual (AFA) of Water Rights from Permit 76649 to fulfill the requirements to provide water service to the One-Stop-Shop located at 2041 E. Calvada N., Pahrump, NV, Assessor’s Parcel No. 042-071-08, and to bring current the annual consumption estimates of the entire existing Calvada Eye Facilities.

Commissioner Strickland

disclosed she was a broker of water rights, but she had no pecuniary interest in this item. Utilities Superintendent Darin Tuck explained this would be a requirement for the service for the One Stop Shop.

Commissioner Blundo

stated he did not want to give Great Basin Water Company any water rights. The only reason the well could not be used was because there was not enough water or pressure.

Commissioner Cox

thought the County gave them enough water rights to take care of the whole Eye.

Mr. Tuck

explained this was a requirement for the water service agreement for the One Stop Shop and had nothing to do with the well. There were meters for potable water that the County paid for. To satisfy that they had to have a certain amount of water rights. He said it was just like any other business in Pahrump.

Commissioner Strickland

recommended supporting this acre feet being moved into the Great Basin Water Company to support the One Stop Shop. She said every time a building was added potable water was needed to fulfill the contract with Great Basin and water rights were added to that agreement every time.

Commissioner Blundo

asked if this was sufficient acre feet, to which Mr. Tuck responded it was according to Great Basin. Brett Waggoner said the way the water rights were calculated was off of the fixture count in the buildings. Each fixture through the engineered data was rated to use so many gallons of water per minute and that was how that number was calculated.

Commissioner Cox

thought enough water rights had been committed to them for this particular piece of property. She wondered if anyone remembered what that amount was as she did not want to be overcharged.

Mr. Tuck

said the County would dedicate 11 .93 acre feet right now, which would be a total of 16.05 acre feet for that entire property. As the County built on to the property more would need to be added, but if meters could be eliminated on some of the potable water coming in some of the water rights could be gotten back. August 2, 2022 11. For Possible Action Discussion and deliberation to authorize and approve The Town of Pahrump to dedicate to Great Basin Water Co. (GBWC) 11.93 Acre Feet Annual (AFA) of Water Rights from Permit 76649 to fulfill the requirements to provide water service to the One-Stop-Shop located at 2041 E. Calvada N., Pahrump, NV, Assessor’s Parcel No. 042-071-08, and to bring current the annual consumption estimates of the entire existing Calvada Eye Facilities-Cont’d.

Mr. Waggoner

stated the calculation sheets used based on fixture counts was spelled out and dictated in the tariffs filed with the PUCN. They were not allowed to ask for any more water rights than that data showed.

Commissioner Strickland

made a motion to authorize and approve the TOP to dedicate to GBWC 11.93 acre feet of water rights from permit 67749 for Parcel No. 041-071-08; seconded by Commissioner Jabbour.

Commissioner Strickland

amended her motion to authorize and approve the TOP to dedicate to GBWC 11.93 acre feet of water rights from permit 67749 for Parcel No. 041- 071-08 and bring current the annual consumption estimates of the entire existing Calvada Eye facilities; Commissioner Jabbour amended his second. Helene Williams, chair of the Nye County Water District (NCWD), said at previous meetings the water district decided to direct staff to draft a letter to all three water districts and the questions would range from how many actual acre feet of water they had, where they were using them, etc. She thought when they were finished they could provide that to the Commissioners so they would understand more of what the districts were doing with their water rights. John Bosta pointed out the Board was sitting as the Pahrump Town Board and this item was for the Town of Pahrump. The Commissioners were dedicating water rights that belonged to the town, not the County. He asked if the One Stop Shop belonged to the town or the County. If it did not belong to the town, Mr. Bosta wondered why the town was providing water for a County project. He thought the Board as commingling the town and County, and that all things water were to be given to the NCWD, but this item was not. Tim Bohannon thought more work was needed on what the water consumption was for the County and the towns. Ammie Nelson felt this could be a major problem if mistakes were made. It also seemed to be a County item under the Town of Pahrump to her as well. If Great Basin wanted to now say they needed more water rights then they should have to prove it. Herman Lewis thought the Commissioners would want to put this item in front of the NCWD. August 2, 2022 11. For Possible Action Discussion and deliberation to authorize and approve The Town of Pahrump to dedicate to Great Basin Water Co. (GBWC) 11.93 Acre Feet Annual (AFA) of Water Rights from Permit 76649 to fulfill the requirements to provide water service to the One-Stop-Shop located at 2041 E. Calvada N., Pahrump, NV! Assessor’s Parcel No. 042-071-08, and to bring current the annual consumption estimates of the entire existing Calvada Eye Facilities-Cont’d.

Commissioner Blundo

made a motion to approve items 17-19; seconded by

Commissioner Jabbour

; 5 yeas. 18. For Possible Action Approval of meeting minutes from the regular joint meeting on May 17, 2022, and the special joint meeting on May 26, 2022.

Commissioner Blundo

made a motion to approve items 17-19: seconded by

Commissioner Jabbour

; 5 yeas. August 2, 2022 19. For Possible Action Approval to: 1) Accept the Program Year 2021 Continuum of Care Program Grant Agreement with the United States Department of Housing and Urban Development (HUD) in the amount of $62,546.00, to serve Nye County homeless residents with rental assistance and supportive services through intense case management. There is no County match required; 2) Execute the Grant Agreement; and 3) Fund to 10340 Grants.

Commissioner Blundo

made a motion to approve items 17-19; seconded by

Commissioner Jabbour

; 5 yeas. 20. For Possible Action Approval of the annual renewal of Nye County Solid Waste Permit SW-21-6 for US Ecology Nevada Inc.’s Hazardous Waste, Treatment, Storage and Disposal Facility, located at 11455 and 11457 S. US Highway 95, Beatty, NV. Assessor’s Parcel Numbers 018-611-02 (80 acres) and 018-611-04 (400 acres). Nevada Division of State Lands Property Owner. US Ecology Nevada, Inc. Applicant.

Commissioner Carbone

said he wanted to set up a meeting with the individuals and find out where the County stood regarding U.S. Ecology with new people. Brett Waggoner said he understood from conversations with them up to this point that operation-wise they were exactly the same. They were still operated by U.S. Ecology with the same management team. He felt a conversation was needed in the very near future to make sure everything was in compliance. Their last compliance report the County hired out to get the review done, which was just completed in June, 2022. That was part of what Mr. Waggoner was waiting for because there had not been a comprehensive review on their compliance done for many years. The report came back fine.

Commissioner Carbone

made a motion to approve the annual renewal of Solid Waste Permit SW-21-6 for U.S. Ecology Nevada, Inc.; seconded by Commissioner Blundo; 5 yeas. DEPARTMENT OF EMERGENCY MANAGEMENT 32. For Possible Action Discussion and deliberation to: 1) Ratify Director of Emergency Management, Scott Lewis’ acceptance of the State of Nevada Emergency Response Commission’s (SERC) FY23 United We Stand (UWS) grant in the amount of $ 31,865.00 to replace aging supplies that are currently stocked in HazMat response vehicles and trailers throughout Nye County. There is no match required; and 2) Fund $31,865.00 to Grants 10340.

Commissioner Blundo

made a motion to ratify the Director of Emergency Management Scott Lewis’ acceptance of the SERC United We Stand grant in the amount of $31,865.00 to replace aging supplies and fund $31,865.00 from Grants 10340; seconded by Commissioner Cox; 5 yeas August 2, 2022 ASSESSOR 21. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject the Agreement between Pictometry International Corp. and Nye County for the purpose of aerial photography for the Assessor’s Office in the amount of $618,520.00: 2) Execute the Contract; and 3) Fund the full amount of $618,520.00 from fund 10322, Assessor Technology Fund.

Commissioner Carbone

made a motion to approve the agreement between Pictometry international and Nye County for the purpose of aerial photography in the amount of $618,520.00, execute the contract, and fund from 10322; seconded by Commissioner Jabbour; 5 yeas. BOARD OF COMMISSIONERS 22. 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. 23. 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. 24. 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. 25. 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. 26. 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. 27. 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. August 2, 2022 29. For Possible Action Discussion and deliberation to 1) Appoint one member of the Nye County Board of Commissioners to the U.S. Department of Energy, Nevada Site Specific Advisory Board (NSSAB) due to an expiring term; and 2) Choose Option 1: Full Liaison or Option 2: Limited Liaison.

Commissioner Carbone

recommended Commissioner Jabbour be the liaison since he was on the NSSAB.

Commissioner Blundo

made a motion to appoint Commissioner Jabbour as a full liaison; seconded by Commissioner Cox.

Commissioner Blundo

clarified Commissioner Jabbour was appointed to the NSSAB before he was a County Commissioner, so they were two different jobs. The liaison was not a voting member. Tim Bohannon asked if a vote was being lost by Commissioner Jabbour being on the board.

Commissioner Carbone

explained the liaison did not have a voting position.

Commissioner Blundo

said he was inclined to accept the invitation just to extrapolate and submit on the record the County was against these projects.

Commissioner Blundo

made a motion to accept the invitation for participating; seconded by Commissioner Jabbour. Ammie Nelson asked if the public was invited to these meetings and if so where they were held.

Commissioner Carbone

advised the public was not invited. Ammie Nelson asked the Commissioners to remember the public was against these types of projects too. Tim Bohannon said one of the big issues he had with this other than location was the fact there was a very incomplete assessment and presentation that was 63 pages long August 2, 2022 31. For Possible Action Discussion and deliberation to accept an invitation for participating as a Cooperating Agency to the Bureau of Land Management (BLM) during the Natural Environmental Policy Act (NEPA) process for Rough-Hat and Copper Rays Solar projects located Southeast of Pahrump-Cont’d. from Rough Hat. The concern was making sure that when they came to the Board that they were giving what they needed to the Commissioners as well as the public.

Commissioner Blundo

made a motion to approve this application; seconded by

Commissioner Strickland

. Prescott Jones, counsel for the applicant, said since the applicant appeared before the Board in November, 2021, he had received State Cannabis Compliance Board (CCB) approval of the management services agreement in December, 2021. The Sheriff’s Office inspected the property recently, including the cameras, and issued a letter approving his client moving forward with opening the cultivation facility. In addition, the CCB was at the property on July 20, 2022, and had given their preliminary approval to move forward pending this Commission’s approval of his client’s license.

Commissioner Blundo

made a motion to set the date for September 7, 2022, at 10:00 a.m. in Tonopah; seconded by Commissioner Cox; 5 yeas. August 2, 2022 35. 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. 2022-07- Cont’d.

Commissioner Blundo

read the title of the bill into the record.

Commissioner Blundo

made a motion to set the public hearing for Wednesday, September 6, 2022, in Tonopah; seconded by Commissioner Strickland; 5 yeas.

Commissioner Blundo

read the title of the bill into the record.

Commissioner Blundo

made a motion to set the public hearing on Wednesday, September 7, 2022, at 10:00 am. in Tonopah; seconded by Commissioner Strickland; 5 yeas.

Commissioner Blundo

read the title of the bill into the record. August 2, 2022 38. For Possible Action Discussion and deliberation to: 1) Set and date time, and location for a Public Hearing on Nye County Bill No. 2022-13. A Bill proposing to amend Nye County Code Title 21, titled Gabbs, Chapter 21.08, titled Water Service, Section 21 .08.010 titled Definitions, by amending the definitions to include Town Administrative Coordinator, Town Advisory Board and Water System, and amending Section 21.08.190, titled Schedule of Rates, by amending the customer service charges; 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-Reopened.

Commissioner Blundo

said he made the motion for September 6, 2022, and it should have been for September 7, 2022.

Commissioner Blundo

made a motion to rescind the previous action; seconded by

Commissioner Jabbour

; 5 yeas.

Commissioner Blundo

made a motion to set the date and time for Wednesday, September 7, 2022, at 10:00 am.; seconded by Commissioner Jabbour; 5 yeas.

Commissioner Blundo

read the title of the bill into the record.

Commissioner Blundo

made a motion to accept the offer of dedication for the road right- of-way being the entire north 40 feet fronting East Fort Churchill Road and the entire west 40 feet fronting North Blackrock Avenue accepting maintenance for the purpose of future road improvements and designating it as a general County road; seconded by

Commissioner Cox

; 5 yeas. COUNTY MANAGER 30. For Possible Action Discussion and deliberation regarding Bill Draft Requests (BDRs) Nye County can submit for the 2023 Legislative Session. Tim Sutton advised the Board the County’s bill draft request was not due until September 1, 2022, and this item would be on the August 16, 2022, agenda as well. The full BDR list would come out from the State on Monday, which would show what items were being carried across the State which may impact what the Board did on August 16, 2022. Referring to the list in the back-up, Mr. Sutton said Commissioner August 2, 2022 30. For Possible Action Discussion and deliberation regarding Bill Draft Requests (BDRs) Nye County can submit for the 2023 Legislative Session-Cont’d. Strickland asked that the proposed property swap BDR be pulled as she had other avenues to address that. Regarding the BDR to amend NRS Chapter 245, the annual salaries of elected officials, Mr. Sutton advised the lobbyist indicated it would be a good bill to pursue. He believed NACO would sponsor a BDR for the various NRS chapters on the over 45,000 population. Mr. Sutton explained this item was to allow the Board to further prioritize or strike/amend any of them.

Commissioner Carbone

said Pete Goicoechea had provided feedback on some of the items that they may not go through, like the justice court changing from an elected position. Mark Fiorentino was present via telephone.

Commissioner Blundo

suggested the County Manager have a couple meetings with the lobbyist and all the Commissioners before the next time this item was heard to learn about what was going on with NACO, the Assemblyman and the State Senator. PUBLIC PETITIONER

Commissioner Strickland

disclosed she was a water right broker, but she had no pecuniary interest in this item.

Commissioner Carbone

said this was set up many years ago for water that would be supplied to the Town of Pahrump and he was concerned with the thought of changing that. Don Pattalock, appearing on behalf of the Coeur Mining Company, said the general premise was Coeur was developing mines in the Bear Mountains and one of the main resources needed was water. They had two pending applications in Crater Flat, and Nye County has had an application pending in front of the State Engineer for 22 years. In order for Coeur to proceed with their application a decision had to be made on the County’s application. If the County had no intention of moving forward with that application, Mr. Pattalock asked if the County would consider withdrawing it in order for the mining company’s applications to be acted on by the State Engineer. Natural Resources Director Lorinda Wichman said she put a brief recommendation in the back-up. In 2014 there was a study done to figure out what the engineering and feasibility would be to move that water to Pahrump and it was in excess of $75 million at August 2, 2022 41. For Possible Action Discussion and deliberation to consider withdrawal of the pendinglprotested Crater Flat water application #66080 submitted by Nye County in 2000 to allow Coeur Mining, Inc. to proceed with an application for water to benefit its mining operations in Basin 229 near Amargosa Valley-Cont’d. that time. Prices had only gone up since then and it was probably twice that now. The only federal agency that had not protested this water right application was probably NASA, and for that reason alone that application would never go anywhere. Mrs. Wichman said as it sat currently it was an obstruction to any other business or interest in water in that area. The State Engineer had been very helpful in just sitting on it. The prior NCWD did not act on it because of the cost, and Mrs. Wichman did not know what the current NCWD wanted to do.

Commissioner Carbone

said he was going to ask that this item be pulled and sent to the NCWD to look at it and asked the other Commissioners how they felt about that.

Commissioner Blundo

said he supported that, as did Commissioner Strickland.

Commissioner Carbone

directed staff to take this item to the NCWD. John Bosta asked that his written comments be included in the minutes [see Attachment 2]. He pointed out this item was not brought to the NCWD and asked the Board to not withdraw the County’s application because the water was needed for the Amargosa Valley Science and Technology Park. Tim Bohannon said one of the important aspects with the emerging of the water district is to be sure there was clear communication to them on things they should be involved with, and this was definitely one of those items. Helene Williams, chair of NCWD, explained the NCWD was originally looking at a study on Devil’s Hole, which was not completed. The new NCWD was going back to that study and the incomplete contract to have them come forward with further information on the USGS Devil’s Hole study and report. This application was for 1,458 acre feet for municipal use, not mining use. Ms. Williams was delighted the Board was moving forward with sending this back to the NCWD as their concern would be what was in the best interest of the people. She said they did not know about this agenda item and that was why the manager did not respond until the agenda was posted. Ammie Nelson commented how this was an item for the water board.

Commissioner Jabbour

told everyone to protect their children, especially with school starting in a week and a half, conserve water, and spay/neuter their pets.

Commissioner Cox

asked for an update on the gaming license for Nick Panchev as she kept getting e-mails from him.

Commissioner Blundo

said he would have items coming forward to the Board. Sam Merlino thanked the Commissioners for today. She figured she had attended 700 Commission meetings and she was not really sad this would be her last. ___day August 2, 2022 43. Commissioners’IManaqer’s Comments (This item limited to announceme nts or topiclissues proposed for future workshops/aqendas)-Cont’d. Tim Sutton said he was sad it would be Mrs. Merlino’s last meeting. All of his interactions had been great and he would miss her. He thanked her for all the time and effort she put into the County.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of ec— 2022. (

Chair Nyd

Courty Clerk / Deputy Two short overlays were done on Farm Rd., thank you I was surprised to learn that the county has a gravel pit at the end of Farm Rd., according to Mr. Boiling the county is hauling gravei daily down Farm Rd. It is my understanding that these trucks are not weighed (Mr. Boiling) can speak to that. If not they are probably overloaded. All the trucks of the other gravel company are weighed. The county is contributing to the destruction of Farm Rd. And their fix is filling the pot holes with asphalt and tamping them down which does not work and lasts only a few wks. They’ve been doing this fix the last few y) 2 ‘S % uo 0 The end of Farm Rd. Is virtually pulverized. I suggested that alternate dirt roads be used and Mr. Boiling asked for the names of those roads, which I gave him, the county trucks are not using them ATtACHMENT 1 I request that my comments are reflected in the minutes of this meeting and I submit a copy of my prepared written remarks to be included in the minutes. My name if John Bosta, I’m speaking as a citizen of Town of Amargosa Valley, NV.