August 16, 2022

Commissioner Cox

was present via telephone.

Commissioner Strickland

thought it was ridiculous that people had to make an appointment at DMV. She disclosed she had a construction company and worked with Factory Home Center and she was also a real estate broker. She felt Ms. Pena had been wronged by Great Basin Water Company. She did not know what the Commissioners could do about that, but there was a PUG and Great Basin needed to be held accountable.

Commissioner Blundo

said the item for the Second Amendment firearms would be pulled because he thought there was a better way to have that conversation. He talked about the floodplain information provided by Mr. O’Brien at the last meeting, which left

Commissioner Blundo

a little frustrated as he did not know if Mr. O’Brien ever had the opportunity to share that with the people. He thought the Board should look having people from the community leave that kind of mark in Nye County.

Commissioner Cox

said she was not a bit surprised by the problem the lady dealing with Great Basin was having, and she did not trust them as far as any of the County’s water rights were concerned. August 16, 2022 3. Commissjoners’/Manager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d.

Commissioner Carbone

said he was happy to hear the Cotillion did well, but he wanted to make sure it was being pushed out to the other schools in the County. As far as the trash, he had said it before and asked the Sheriff to put someone there to check it out. Mark Kampf said he would put in a proposal for an agenda item to review the progress on the implementation of paper ballots with a hand count. Arlette Ledbetter, Tourism Director for the Town of Pahrump, introduced their new community and visitor guide. She left some on the counter and told the public it was a great opportunity to get business names out. Treasurer Raelyn Powers apologized for the printing error on the tax bills on the installment coupons. The wrong year was printed and they would replace those if people wanted it. She reminded the public there was an automatic ten day grace period on installment dates.

Commissioner Jabbour

did not believe it was Ms. Powers’ responsibility and full accountability. He asked when she sent the information to the third-party printer for the tax rolls if they sent back a final proof for her to approve and sign off on.

Ms. Powers

responded no and confirmed that her office had an increase in phone calls, e-mails and overtime due to the error.

Commissioner Jabbour

stated his opinion that the accountability fell on the third-party printer as the County paid them and they confused the issue. He asked Ms. Powers to look into it, determine what overtime had been incurred, and charge-back the third-party company to go back to her budget if appropriate.

Ms. Powers

said she was looking into that.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland.

Commissioner Blundo

read the proclamation into the record. He then pointed out an error on lines 1 7-18 where it said “shoe” and should say “show.”

Commissioner Jabbour

was surprised that the organization was not present, or even someone representing the school. He wanted to know what the school was doing to help promote anti-bullying and getting the message to the bullies.

Commissioner Blundo

saw this as a pacification and he supported the young person who wrote it. He wondered if the bully was being bullied at home and thought the home values were missing in their entirety.

Commissioner Cox

wanted someone to give a presentation on this as she was not for interfering in people’s personal lives. If they had problems, there were organizations to help them. She wanted justification of why the Commissioners had to be involved, and she felt things like this involved money. She thought someone was overstepping their bounds.

Commissioner Strickland

said she would attend that meeting if anyone would like to join her. She wanted to ask NACO to carry that BDR, which would change the cap from 45,000 to 100,000. She wanted that changed because the County was being legislatively mandated to do things, like the County regional planning commission. August 16, 2022 33. For Possible Action Discussion and deliberation regarding Bill Draft Requests (BDRs) Nye County can submit for the 2023 Legislative Session-Cont’d.

Commissioner Blundo

agreed with using NACO as the vehicle as what was good for Clark and Washoe Counties was not necessarily good for the rural counties.

Commissioner Carbone

commented there was a senator that supported it as well.

Commissioner Blundo

thought amending NRS 245, annual salaries of elected officials, was the only one that had legs. The sentiment was rural county commissioners across the State were part-time. He would be the first one to say it was 24/7 and people had that expectation.

Commissioner Cox

asked about dissolving the unions.

Commissioner Carbone

said it had been discussed, and there was a senator that wanted to do the same thing, but not much could be done about getting rid of unions.

Commissioner Cox

suggested going straight to the Legislature.

Commissioner Carbone

said that that was where that was headed. He supported a BDR for the annual salaries. Mark Fiorentino said he essentially agreed with the direction the Board was taking. With respect to labor negotiations and union issues, the statement was correct. If there was a potential and appetite to do that in the next legislative session it would happen organically and the County would not need a BDR for that. John Bosta said many of the items recommended for BDRs affected Nye County possibly only. He suggested a BDR to change the State Engineer’s position from an appointed position to an elected position for a two-year term so he would be responsible to the people of the State, not the Governor and what the Governor wanted.

Commissioner Strickland

thought that would be for the water district governing board.

Commissioner Blundo

made a motion to select item 5, amend NRS Chapter 245, annual salaries of elected officials, as the BDR selection for Nye County; seconded by

Commissioner Strickland

; 5 yeas. August 16, 2022 TIMED ITEMS 7. 10:00 a.m. Presentation by Misha Allen and Hayley Maio Extension Educators regarding the Fiscal Year 2021 -2022 Fourth Quarter Report (April-May-June 2022) for University of Reno (UNR) Extension in Nye County. Misha Allen and Hayley Maio presented the FY21 -22 fourth quarter report for the University of Reno Extension in Nye County. Tim Bohannon thought the funding for adoptions mentioned was a very solid program. Pat Minshall said she did not hear any comments about Beatty or Amargosa being offered any of the programs and no one had come to the town board about them. 8. 10:00 a.m. Presentation by Kevin Hickey and Katie Coleman, Business Development Specialists of Nevada Rural Housing Authority regarding Section 8 housing in Nye County.

Commissioner Strickland

disclosed she was a licensed broker in the State who carried a property management permit and she did work with this program. Kevin Hickey, Business Development Specialist for the Nevada Rural Housing Authority (NRHA), said in February, 2022, he requested the transfer of the County’s private activity bond cap. At that time the Board requested follow-up information about housing choice vouchers or the HCV program. Mr. Hickey provided an overview of the program said they were working with local landlords and developers to increase awareness of the program. He encouraged the Board and members of the community to spread the word about the program. People could apply at the Web site or call Carson City. Vouchers were awarded based on a lottery.

Commissioner Jabbour

asked about Section 8 disability.

Mr. Hickey

explained NRHA’s Section 8 housing program gave no preference to one demographic over another. It was purely 100% lottery based, but they were included in the program if they met the qualifications.

Commissioner Cox

said she supported the program. 6. 10:00 a.m. For Possible Action Discussion and deliberation regarding the — — monthly statement of county treasurer pursuant to NRS 354.280 including receipts, balances in funds, money on deposit, outstanding checks, and cash on hand. Treasurer Raelyn Powers discussed the June FY21, March FY22 and April FY22 bank reconciliations and Treasurer’s reports in the back-up. August 16, 2022 6. 10:00 a.m. For Possible Action Discussion and deliberation regarding the — — monthly statement of county treasurer pursuant to NRS 354.280 including receipts, balances in funds, money on deposit, outstanding checks, and cash on hand-Cont’d.

Commissioner Blundo

asked about the miscellaneous adjustments.

Ms. Powers

explained that line item was due to closing entries completed by the auditors for financial reporting purposes, so there was a little bit of a discrepancy when they went through and accounted for changes implemented in the accounting software. Savannah Rucker advised the financing system used reversing journal entries that would post an entry into one fiscal year and reverse it into the other. She believed the issue was because those reversing entries were not done correctly.

Ms. Powers

said she was working with the auditor to identify where those errors were in Eden.

Mrs. Rucker

added Eden was being phased out and she had demos set up with other vendors. Tim Bohannon said to be sure when going through the demo process that there were document requirements from several angles. It also sounded like there was potential for processing improvements with a new system, but things could be done to tighten it up before that happened. John Bosta said he kept bringing up the marijuana money collected for the Town of Amargosa that was supposed to be put into Amargosa accounts in Eden, but the County put the money in the general fund. The money for the town had not been correctly handled in Eden and that money was probably in the problem being discussed.

Commissioner Carbone

asked staff if that situation existed to bring it to him. Sam Jones said this was a big problem, and it was not this Commission, this Treasurer, the other appointed Treasurer, or John Prudhont. The money went way back and somebody shuffled some somewhere. 9. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation - — to issue an Outdoor Festival License to Louis J. Baker for the Iron Horse Stampede to be held October 14—16, 2022, at Petrack Park located at 150 N. Highway 160, Pahrump, NV. Lou Baker said there was an opportunity in Pahrump to take on something that had gained national attention, Sturgis in South Dakota. There were many motorcycle clubs in the State and 83,000 bikers. This was intended to be an annual event to bring people in. August 16, 2022 9. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation - — to issue an Outdoor Festival License to Louis J. Baker for the Iron Horse Stampede to be held October 14—16, 2022, at Petrack Park located at 150 N. Highway 160, Pahrump, NV-Cont’d.

Commissioner Carbone

asked if there were any issues with this application. Jimmy Martinez from Pahrump Buildings and Grounds said in the beginning they were working with Mr. Baker to schedule this. Mr. Baker did a park reservation form for the dates required, but he did not end up needing the whole park so he shrunk it down. Mr. Martinez was working with him on an event layout, then he lost contact with him.

Commissioner Strickland

said she would like to continue this.

Commissioner Carbone

said Mr. Baker needed to get back with Mr. Martinez to work out the map to determine where everything would go. He wanted to bring it back on the next agenda. Tim Sutton advised the next meeting was Wednesday, September 7, 2022.

Commissioner Blundo

made a motion to continue this item until Wednesday, September 7, 2022; seconded by Commissioner Jabbour.

Commissioner Carbone

opened the public hearing. Daniel Weeks, speaking in his private capacity, asked the Board to consider the ramifications of a biker rally in Pahrump.

Commissioner Carbone

closed the public hearing. In terms of size, Mr. Baker said they were not looking for 100,000 or 200,000 people and he could limit it.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Jabbour.

Commissioner Carbone

opened the public hearing. August 16, 2022 10. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation to issue an Outdoor Festival License to Kelli Sater for the Nevada and Silver State Chili Cook-Off to be held March 25-26, 2023, at Petrack Park located at 150 N. Highway 160, Pahrump, Nevada-Cont’d. Jimmy Martinez confirmed everything was good.

Commissioner Carbone

closed the public hearing.

Commissioner Carbone

opened the public hearing. Tom Valenzuela, director of operations at the farm as well as director of construction for MJ Holdings, said there were issues with bugs also. If he put landscaping up, there were competing businesses around that could blame them if something went wrong with their crop. John Bosta said this application was made under Code Section 1 7.04, which was an ordinance for the Pahrump Regional Planning District and did not apply to Amargosa Valley. On item 7 at the town board’s last meeting they adopted that they strongly opposed the Director applying the Pahrump Regional Planning District to Amargosa Valley. Additionally, on August 11, 2022, the town board approved all cultivation or production of marijuana at the cultivation facility carried out or caused to be carried out must take place inside a closed building and no outdoor grow would be allowed in Amargosa Valley.

Commissioner Carbone

pointed out the waiver was about landscaping.

Mr. Bosta

said the landscaping was for 100 acres in Amargosa Valley when they came to the Board for an outdoor grow of 25 acres. He believed the Commission was commingling ordinances. August 16, 2022 11. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation on WV-22-17: An application for a Waiver of Nye County Code 17.04.740, Landscaping, to waive the landscaping requirements related to MJ Distributing’s cultivation and production facility, located at 2215 E. Anvil Road, Amargosa Valley, NV. Assessor’s Parcel Number 019-181-02. Paris Balaouras I MJ Distributing C202, LLC I MJ Distributing P133, LLC Applicant-Cont’d. Pat Minshall believed this should be waived. She also clarified that in 2017 or 2018 the Amargosa Town Board approved outdoor grow and that had not been rescinded.

Commissioner Carbone

closed the public hearing.

Mr. Waggoner

said Section 1 7.06 which Mr. Bosta referred to was a section of the Code specific to marijuana use and special use permits. As a condition on those permits they were required to go through site development and get building permits. Since there were no development standards anywhere outside of Pahrump, there was a reference to Section 17.04.950 which referenced Section 17.04.740, which were all the development standards everyone was held to and it was their right to apply for a waiver of one of those development standards.

Commissioner Blundo

asked if there were landscaping requirements anywhere in Ama rgo sa.

Mr. Waggoner

said no, just the SUP.

Commissioner Jabbour

commented landscaping was against the concept of water conservation and he did not think it was necessary here.

Commissioner Blundo

made a motion to approve the application for a waiver of Nye Code Section 17.04.740, landscaping, and waive the landscaping requirements related to MJ Distributing’s cultivation and production facility located at 2215 E. Anvil Road, Amargosa Valley; seconded by Commissioner Strickland.

Commissioner Blundo

amended his motion to approve WV-22-1 7, an application for a waiver of Nye Code Section 1 7.04.740, landscaping, and waive the landscaping requirements related to MJ Distributing’s cultivation and production facility located at 2215 E. Anvil Road, Amargosa Valley; Commissioner Strickland amended her second; 5 yeas. August 16, 2022 12. 10:00 am. For Possible Action Continued Public Hearing, discussion and — — deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2022-04: A Bill proposing to amend Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, by adding Chapter 17.13 entitled Special Use Permits, to establish land use and permitting requirements applicable to certain types of land uses including definitions, special uses requiring special use permits, applications, grounds for suspension and revocation, and time limitations; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto.

Commissioner Strickland

made a motion to continue this item to September 20, 2022.

Commissioner Carbone

rejected the motion and opened the public hearing. Brett Waggoner advised this was continued last time as well as the time before because he was performing outreach to the different town boards trying to get some input to put together a draft. He believed they got close, but at this point it would be his recommendation that the Board not take any action on the draft and possibly direct staff to bring it back once the Nye County Planning Commission was in place.

Commissioner Carbone

suggested just letting it die. John Bosta said each Planning Director used the technique of applying what was applicable in Pahrump to the rest of the County to supersede going to a commission to establish zoning in the entire County. Mr. Bosta felt Mr. Waggoner was amending all of the ordinances before he brought forth the County commission. Chris Phillips and Sara Sweeney spoke on the bill. Mr. Phillips said they received a lot of input from the community and surrounding communities opposing the bill and pointing out their businesses already submitted to a rigorous State requirement as well as inspections from insurance providers that would meet their requirements. The bill would put stress on the lack of growth in the rural communities. Mr. Phillips thought this was just another government restriction that he did not believe was necessary and suggested a provision be put in the proposed bill that addressed population limits for the smaller communities.

Commissioner Carbone

stated the Board was not going to adopt this bill.

Commissioner Strickland

wanted to see the bill move forward with the removal of “all areas in Nye County” on page 4 at the top.

Commissioner Cox

was not present. August 16, 2022 13. 10:00 a.m. For Possible Action Public Hearing Discussion, and — — — deliberation to adopt, amend and adopt, or reject 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 Signage; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto.

Commissioner Carbone

opened the public hearing. Brett Waggoner explained a lot of zoning changes had come through over the years for off-premise signs such as for advertising. By requiring a zone change with an SUP it was two public hearings, one before the RPC and one before the Commission, and then there was a piece of property zoned general commercial just to allow the sign to be placed, but it also allowed other permissive uses on the property forever. This proposal would reclassify that type of signage along with the directional signs for subdivisions to fall under a temporary use permit with appropriate conditions and provisions and would not change zoning on a piece of property just for the sign. Mr. Waggoner felt it would simplify the process a bit and take away of lot of the Code requirements for signs. John Koenig thought this was a great idea for the reasons mentioned. He asked if this would apply to subdivisions that were presently putting tiny signs all over the place.

Commissioner Carbone

closed the public hearing.

Mr. Waggoner

said the good thing today was those particular signs were on a temporary use permit and were only issued for a year at a time. Once those went away and they went to renew, and for any new applicants, there would be limitations on the number of signs, placement, etc. This was just trying to foresee a potential explosion of signs if three new subdivisions popped up.

Commissioner Blundo

asked if it applied to any business or if it was specific to subdivisions.

Mr. Waggoner

said it was specific to just subdivisions and those types of temporary directional signs. There were other provisions for a business because those were off premise advertising signs.

Commissioner Blundo

noted the maximum number of temporary signs allowed was 70 and asked who would go out to count those.

Mr. Waggoner

said he did not know. If a complaint was received staff would look at it and count the signs. The permits would stipulate how many signs and where they would be located. If that was not followed the signs would be pulled. August 16, 2022 13. 10:00 am. For Possible Action Public Hearing Discussion, and — — — deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2022-08- Co nt’ d.

Commissioner Jabbour

said he understood the why and felt it served a couple of purposes. One was for town beautification because this was temporary, but signs also worked as far as bringing people to Pahrump. With that said, they did need to be removed for safety reasons as people could not see past them.

Mr. Waggoner

said the other issue was changing properties to general commercial just so people could put a sign up which also allowed them to do other activities.

Commissioner Cox

was present. She did not believe in regulating everyone to death. These things always became monsters resulting in costly issues and people being fined. She felt it should be on the back of the developer, not the people, and suggested adding it to the development rules. She also questioned the cost because every time a new regulation was put in place someone had to be hired to work with it. Commissioner Cox disagreed with all the changes made over the last few months because one person complained.

Commissioner Strickland

made a motion to adopt Nye County Bill No. 2022-08; seconded by Commissioner Blundo.

Commissioner Carbone

closed the public hearing.

Ms. Elliott

encouraged citizens in other towns to come forward with ideas. Cherish Pryor, founder of the Full Circle Community Organization, presented her project to open eleven programs for youth, seniors and homeless in the County for a cost of a little over $2 million. She understood it was a large part of the money, but she felt they could get started if they got funding for the house and beginning operational costs they needed to start the programs. John Bosta said the town board supported the three items Ms. Minshall brought forward. Robin Rose Yager advised she had her application complete but was not able to get it in in time. She asked if she would get a chance to present today.

Ms. Elliott

said if that was permissible that would be fine, but she would recommend Ms. Yager present at the September 7, 2022, meeting so the Commissioners were aware of what type of project Ms. Yager had in mind. The Commissioners decided to allow Ms. Yager to present an overview of her project today and be prepared to do a presentation on September 7, 2022. Herman Lewis said the applications needed to be looked at for the most bang out of the buck. He also questioned if the Board wanted to finance homeless people coming into Pa h rump. Samantha Tackett advised Ms. Yager had hung up. August 16, 2022 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 15. For Possible Action Discussion and possible direction to committee members regarding written reports provided by Pahrump Parks and Recreation Advisory Committee, and Pahrump Tourism Advisory Committee regarding meetings, project plans and business being conducted by the committees. Samantha Tackett explained this item came from an item that was on the agenda on a monthly basis open for Pahrump committees to provide oral or written reports. Since there was not a lot of activity those were removed from the agenda and another approach considered. She asked the Board for recommendations as to how they wanted to see it. It could be on the consent agenda or it could be a presentation.

Commissioner Strickland

thought what was in the back-up was excellent. The volunteers who sat on the boards could not necessarily volunteer even more time to sit through Commission meetings. She felt written reports from the boards as they felt necessary would serve the Commission well.

Commissioner Carbone

asked the other Commissioners how many times they wanted it on the agenda.

Commissioner Blundo

suggested twice a year which might entice them to show up and give a presentation. A written report was also an option. He could agree with quarterly and suggested putting it under consent.

Commissioner Strickland

made a motion to direct staff to have these be quarterly reports within the consent items; seconded by Commissioner Blundo. Vanessa Simmons, Chairman of the Pahrump Park and Recreation Committee, advised their liaison from the Commission had not attended their meetings in over a year. She said she would like to see a Commissioner attend to see what they were trying to do.

Commissioner Cox

was not present.

Commissioner Strickland

made a motion to approve items 16-19; seconded by

Commissioner Blundo

; 4 yeas. 17. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in November for Tuesday, November 15, 2022, in Pahrump, NV.

Commissioner Strickland

made a motion to approve items 16-19; seconded by

Commissioner Blundo

; 4 yeas. 18. For Possible Action Approval of the Assessor’s Office Change Requests to allow the Nye County TreasurerlAssessor to process and: 1) Issue an amended tax bill in the amount of $53.92 to Farem Development, LLC., owner of 4851 E. Parkwood Dr., Pahrump, NV, Assessor’s Parcel Number 043-652-1 5. 2) Issue an amended tax bill in the amount of $21,149.98 to Tomo Non Financial Partners, LP, owners of 1501 E. Calvada Blvd., Pahrump, NV, Assessor’s Parcel Number 042-041 -35. 3) Issue an amended tax bill in the amount of $0.00 to the Nye County Treasurer’s Trust, owner of a possessory use lot in Rhyolite, NV, Assessor’s Parcel Number 000-002-14.

Commissioner Strickland

made a motion to approve items 16-19; seconded by

Commissioner Blundo

; 4 yeas. August 16, 2022 19. For Possible Action Discussion to: 1) Accept the State Fiscal Year (SFY) 2023 Notice of Subaward (NOSA) from Aging and Disability Services Division (ADSD) in the amount of $44,899.00 to provide senior transportation services in Beatty, Gabbs, Smoky Valley and Tonopah in Nye County, as well as long- distance medical transportation providing non-emergency medical rides to larger cities. Matching funds of $3,312.07 are budgeted and will be met by our contract with Medical Transportation Management, Inc. (MTM) and by the Nevada Department of Transportation (NDOT) 531 I Fuel Grant; and 2) Execute the Subaward; 3) Fund to 10281 Senior Nutrition.

Commissioner Strickland

made a motion to approve items 16-19; seconded by

Commissioner Blundo

; 4 yeas. 14. 10:00 a.m. For Possible Action Fiscal Year (FY) 2023 Community — — Development Block Grant (CDBG) 2nd Public Meeting: 1) Presentation of potential projects; and 2) Invite the Public to participate in providing ideas, comments and suggestions concerning proposed projects-Re-reopened. Robin Rose Yager told the Commissioners about Rose of Paradise Home Health and the various services they provided to people in the community. They were asking for $100,000.00 for basic payroll and training of clients and/or caregivers. BOARD OF COMMISSIONERS 20. For Possible Action Closure of meeting, pursuant to NRS 241.01 5(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. August 16, 2022 purposes of conferring with the 24. Closed meeting, pursuant to NRS 288.220 for labor negotiations, issues and County’s management representatives regarding other personnel matters. This item was removed from the agenda. eration on labor negotiations, 25. For Possible Action Discussion and delib in closed meeting. issues and other personnel matters presented This item was removed from the agenda. on to approve, amend and 26. For Possible Action Discussion and deliberati nder Services from the following approve or reject one (1) contract for Public Defe a A. Shahani, Esg.; and Timothy list of applicants: Thomas, J. Gibson, Esg.; Jhern R. Treffinger, Esg. ground and experience. She was Jherna Shahani provided the Board with her back handled 300 or 400 cases on her own aware of the caseload, but admitted she had not nize that many cases. so she would have to come up with a system to orga ability to handle capital cases yet. Lorina Dellinger said Ms. Shahani did not have the r public defender contracts with the

Commissioner Strickland

asked if there were othe same situation. place through the Department of

Mrs. Dellinger

said yes, but there was a policy in n a second chair with those Indigent Defense Services to ask the attorney to assig qualifications to give them the experience. s were 250 certified.

Commissioner Blundo

asked if any of the applicant

Mrs. Dellinger

said Mr. Gibson was. ground and experience. He said the Timothy Treffinger provided the Board with his back Deputy District Attorney in the caseload would be no worse than when he was a handle that caseload and would most County. He had staff and mechanisms in place to advised he just completed a likely move his office to Pahrump to support that. He so he was in the process of capital murder case in Clark County as the main chair do’s request Mr. Treffinger getting the 250 qualification. At Commissioner Blun his case was dismissed after he explained why he was arrested in 2016 and advised completed diversion. any credentials and if she was

Commissioner Blundo

asked Ms. Shahani if she had working toward the 250 certification. August 16, 2022 26. For Possible Action Discussion and deliberation to approve, amend and approve or reject one (1) contract for Public Defender Services from the following list of applicants: Thomas, J. Gibson, Esg.; Jherna A. Shahani, Esg.; and Timothy R. Treffinger, Esg.-Cont’d.

Ms. Shahani

stated she was not. She had been second chair multiple times with attorneys in Las Vegas, but unfortunately all of the matters negotiated right before trial so she had not had the opportunity to sit through a capital trial.

Commissioner Blundo

made a motion to approve Timothy R. Treffinger for the public defender contract.

Commissioner Jabbour

made a motion to approve the contract for public defender services for Jherna Shahani; seconded by Commissioner Strickland. Sam Jones stated his support of Ms. Shahani and thought since Mr. Treffinger was running for District Attorney in Clark his appointment would be a conflict. Matt Miller, a Clark County resident, stated his support of Mr. Treffinger as he had been on all sides of the system. Tim Bohannon stated his concern with the 250 qualification and the solution for that. He said he would like to hear a plan from Ms. Shahani as to how she would handle the caseload. Laura Larsen thought the 250 qualification was important. She also thought she would hire a person who had been through the system instead of someone who had not. Melissa Blundo thought the Board had an opportunity to provide the public with someone like Mr. Treffinger who had been in their position. John Bosta asked if Mr. Gibson had the 250 qualification.

Mr. Bosta

thought Mr. Gibson should be considered for the position as he appeared to be the most qualified.

Commissioner Blundo

thought the Board was making a poor choice.

Commissioner Cox

was present and said if no one was qualified then it needed to be re advertised. August 16, 2022 26. For Possible Action Discussion and deliberation to approve, amend and approve or reject one (1) contract for Public Defender Services from the following list of applicants: Thomas, J. Gibson, Esg.; Jherna A. Shahani, Esg.; and Timothy R. Treffinger, Esg.-Cont’d.

Commissioner Strickland

made a motion to accept the bid; seconded by Commissioner Blundo.

Commissioner Strickland

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

Commissioner Blundo

asked what would happen with the four other properties. Lorina Dellinger explained another public hearing would have to be set, which could be done until the appraisal expired. August 16, 2022 BOARD OF COMMISSIONERS 30. For Possible Action Discussion, deliberation, and possible direction to staff to sell the Lakeview Executive Golf Course.

Commissioner Blundo

said he had been an advocate of the golf course, but now there were a lot of liabilities and he felt it was taking forever to wrap things up. Most importantly was it was still at a deficit. Since the market was hot he thought now was the opportunity to look that way.

Commissioner Strickland

asked what the County paid for it. Savannah Rucker advised it was $350,000.00 in 2019. Since then the annual expenses ranged between $400,000.00 and $485,000.00, which was for operations, capital, and the contract with the management company.

Commissioner Carbone

reminded the Board that they approved rate increases not too long ago and they had not been given a chance to implement those. He personally did not think the County should own it.

Commissioner Jabbour

echoed Commissioner Carbone’s comments and thought this item was a bit premature. Also, if the County sold it there was no guarantee it would remain a golf course.

Commissioner Strickland

disclosed she was a licensed real estate broker, but she had no pecuniary interest in this item. She said deed restrictions could be put in place at the time of sale. Lorraine Tout, a member of the advisory board for the golf course, said she viewed the golf course as something for the community and in the last year with the new change in management she saw it moving that way. It had been ignored, but she felt it was a plus to the community just like the dog park or the public park. Ms. Tout thought the group should be given at least a year to see what happened, although she understood the interest in selling it. She asked that there be a clause in the contract that kept it an 18- hole golf course. Vanessa Simmons pointed out the golf course was purchased in 2019 and COVID hit in 2020. She asked if the golf course was open at that time. She understood there was an issue with the grounds that had been remedied, and then it was hit by a disease and they had to start over. Ms. Simmons felt the community needed a course other than Mountain FaIls. She also wanted it to remain a golf course if it was sold. John Bosta pointed out water was received from the utility company for this golf course. He asked since the County had an outlay if the utility company paid the County to take the water and dispose of it. If not, he wondered why. If the golf course was sold, the County should make sure it was kept as a golf course so the utility company could August 16, 2022 30. For Possible Action Discussion, deliberation, and possible direction to staff to sell the Lakeview Executive Golf Course-Cont’d. continue to put the water there. He felt the golf course was a park for adults who played golf. He did not think the County should ever sell it and suggested finding grants to develop it. From a parks and recreation standpoint, Tim Bohannon said he did not hear this being listed as a park. The grant money was out there, but the downside if it went away was the only golf courses would be privately owned so it was not necessarily in the best interest of the citizens. If it was described as a park, that could be leveraged for grants, but the management team did need to be held accountable. Joe Burdzinski agreed with Commissioner Carbone that the County should not be in the golf course business. The problem he had was he was a capitalist who believed in free enterprise and that was what the golf course was. If it was sold, it needed to stay as a golf course. He recommended the Board take no action today and put together some community workshops for public input. Laura Larsen said if the Board decided to sell the property, this was the time to do it as property values were going down. Daniel Weeks, speaking only as a citizen, pointed out when this project was pitched to the County it was said it would pay for itself, and it was not. He asked that the Board start to work on a sales plan. Jeff Greiner asked what the net loss was last year as he read in the paper it was about $40,000.00.

Mrs. Rucker

said in FY22 it generated $250,000.00 in revenue with expenses of $406,000.00, so it was a loss of $1 55,000.00.

Mr. Greiner

said the golf course was truly a park and should be treated as such. Leah Aidridge suggested making it a fishing pond. George Carey was against selling the golf course at this time. Helene Williams said her concern was the contract. If the County sold the golf course, she asked if the contract went along with the sale. She also wondered if the County would break the contract and what that would cost. Gene Bulac said he was one of the owner/investors of this golf course and had struggled for 14 years to keep it alive so he was relieved when the County purchased it. He felt the management company should be given a chance to turn the golf course around and he opposed putting the golf course up for sale at this time. August 16, 2022 30. For Possible Action Discussion, deliberation, and possible direction to staff to sell the Lakeview Executive Golf Course-Cont’d. Herman Lewis talked about when the course was up for sale. There were weird things going on with different people trying to buy it. A lot of people, including him, said the County should not be in the golf course business unless it would be a subsidized program. Mr. Lewis thought the best thing to do was to determine if the County wanted to be the subsidy and that the management company needed to be incentivized.

Commissioner Blundo

thought the Board already took action to look at selling it. The Board took a brief recess to allow research into that prior action. Tim Sutton said a meeting was held on May 18, 2021, with an item for possible action and direction to staff on whether or not to offer the Lakeview Executive Golf Course for sale. At that time a letter of interest was received from Leslie Moon, who did not come to the meeting. The minutes reflected that Commission Blundo said repeatedly he did not have an interest in selling the golf course. The direction given was not to do an appraisal, just put the interested party in contact with the Commissioners. Staff reached out to her, but she was not responsive so the matter died.

Commissioner Blundo

said he would like to move forward to look at options, including getting an appraisal and having the deed restrictions looked into, and have a report next month.

Commissioner Carbone

suggested a December agenda.

Commissioner Blundo

wanted it in November.

Commissioner Carbone

wanted to make sure the deed restrictions showed it remained as a golf course.

Commissioner Strickland

felt those needed to be put in now.

Commissioner Blundo

said he would like the appraisal in October and the discussion in November. 27. Presentation by the Chair of the Pahrump Library District Board of Trustees on staff changes, new lighting project, new media room, Book Mobile and other matters directly related thereto. John Shewalter gave a presentation on staff changes at the Pahrump Community Library, the new lighting project, new media room, and the book mobile.

Commissioner Strickland

asked if he was maintaining decorum and keeping his members from cussing at the audience during the meeting. August 16, 2022 27. Presentation by the Chair of the Pahrump Library District Board of Trustees on staff changes, new lighting project, new media room, Book Mobile and other matters directly related thereto-Cont’d.

Mr. Shewalter

said there was an issue and he dealt with it. 28. For Possible Action Discussion, deliberation and direction to staff regarding Code Compliance inspections and responsibilities for Cannabis facilities and brothels. Brett Waggoner explained this item was brought forward at Commissioner Blundo’s request to determine what the responsibilities were for Code Compliance when it came to inspections in marijuana or brothel facilities and town business licenses. Mr. Waggoner was confused as to why it was not pertinent to check on the licenses and permits to ensure they were complying with the terms the Board approved. Inspections by the Cannabis Compliance Board were complaint driven or if the owner wanted to make a change. He believed the brothels came up in 2014. Code Enforcement did not really have anything to do with the enforcement of brothels for Code, but the Building Department did fire inspections.

Commissioner Blundo

explained he was just trying to alleviate the process for the Planning Department, but he was told that needed to be a policy direction which was what he was looking to do.

Commissioner Carbone

asked what direction was given, and in what form, to do this quarterly.

Mr. Waggoner

said it was before his time, but from everyone he talked to it was a direction given by the Board in 2014 or 2015.

Commissioner Strickland

pointed out there were only 12 inspections per quarter.

Mr. Waggoner

explained it took about a day and a half to complete the inspections on the facilities.

Commissioner Strickland

did not think that was any time for health and safety.

Sheriff Wehrly

explained their brothel checks required them to make sure there was hot water, the boilers worked correctly, there were condoms available, there were clean towels, etc. They also checked fire extinguishers. They were doing a lot of things that were not the purview of the Sheriff’s Office. They were there to make sure the license was hung correctly, that there were not any drugs being sold, and that the number of ladies working was the proper number. It was decided that was Code Compliance’s job so they took that portion of the checklist over. They joined forces so the brothels were not overrun with multiple checks. Sheriff Wehrly believed the quarterly checks began sometime in 2015. August 16, 2022 28. For Possible Action Discussion, deliberation and direction to staff regarding Code Compliance inspections and responsibilities for Cannabis facilities and brothels-Cont’d.

Commissioner Blundo

asked Mr. Waggoner if he would prefer quarterly or yearly.

Mr. Waggoner

felt the quarterly inspections were useful and remained useful. He also believed Code modifications were needed.

Commissioner Strickland

directed staff to codify quarterly inspections.

Commissioner Carbone

felt instead of quarterly a number should be given, like four inspections a year.

Commissioner Blundo

felt four was too many. He wanted them to be treated like any other business.

Commissioner Blundo

made a motion for the Director to bring back language for codification to go annual and allow for random inspections at the Director’s discretion; seconded by Commissioner Carbone.

Commissioner Strickland

said the problem was there was no policy in place so if it was not done now when would it be done.

Commissioner Blundo

asked if Commissioner Strickland wanted it codified or just have it off of the word of the Board.

Commissioner Strickland

said she would like to see it codified, but she could not support annually and would not want to live under the purview of random. She also wondered what the big push was.

Commissioner Blundo

said his objective was to have the businesses treated fairly just like other businesses.

Mr. Sutton

said he understood Mr. Waggoner was to bring back an item for a Code amendment for annual inspections and then the discussion about how to handle it could be had.

Commissioner Blundo

wanted to include the random component.

Commissioner Carbone

said that was the direction and he withdrew his second.

Commissioner Blundo

withdrew his motion.

Commissioner Blundo

made a motion to set the date and time of September 20, 2022, at 10:00 am. for the public hearing; seconded by Commissioner Strickland; 5 yeas.

Commissioner Blundo

read the title of the bill into the record. JUSTICE(S) OF THE PEACE 32. Presentation pursuant to NRS 4.060(8) Annual Report by the Pahrump Justice Court for Fiscal Year 2022-2023. The report was in the back-up. COUNTY MANAGER 34. For Possible Action Discussion and deliberation to consider an approval to send a letter to the National Aeronautics and Space Administration (NASA) as a Nye County preferred alternative action for consideration during their environmental assessment process. The draft environmental assessment is required to fulfill the Natural Environmental Policy Act (NEPA) and will affect activities on the Railroad Valley playa. This item was removed from the agenda. FINANCE 36. For Possible Action Discussion and deliberation regarding the budget status for June 2022 for Nye County and all sub-entities for fiscal year 2022. Elizabeth Jordan from Finance said in the back-up were the dates when A/P would close for FY22 as well as the expected date to close the GIL in early September, 2022. This was not the final report for FY22 so the figures would change as final invoices came in and final A/P was closed. At this moment they did not see any statutory findings and they were working with some of the departments that showed over. August 16, 2022 36. For Possible Action Discussion and deliberation regarding the budget status for June 2022 for Nye County and all sub-entities for fiscal year 2022- Co nt’ d. Tim Bohannon said it was a good report and felt the breakouts for the different organizations for comments and corrective actions was helpful. He mentioned the District Attorney benefits being at 84%, which was lower than what was expected at this time of year, as well as Manhattan appearing to have a loss of $37,870.00 based on actuals. PLANNING /CODE COMPLIANCE 37. 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 2022-06: A Bill proposing to amend Nye County Code Section 17.04.925 Temporary Use Permits, by amending 17.04.925.C.6, 17.04.925.J.4, 17.04.925.K.4, and 17.04.925.L.4.C by removing “personally delivering a copy of the written notice to the permittee” from the code and adding “The written notification may be sent to the permittee by personal service, registered or certified mail to the permittee’s address as specified on the temporary use permit application or by electronic delivery within the on-line application portal or via email”; and 2) Read the title of the Bill into the record.

Commissioner Blundo

made a motion to set the date as September 7, 2022, at 10:00 am. for the public hearing; seconded by Commissioner Carbone; 5 yeas.

Commissioner Blundo

read the title of the bill into the record. PUBLIC WORKS 38. For Possible Action Discussion and deliberation to rescind Board action taken at the September 21, 2021 meeting for Item #39 wherein the Board directed staff to place a question on the next ballot for the General Election to be voted on by the registered voters per NRS 373.062: To consider imposing up to a five-cent Nye County diesel tax for on-road diesel fuels. Public Works Director Tom Boiling said neither he nor his staff had written ballot questions before and he did not realize it needed to be approved by the Board first. He could not get it in front of the Board in time for the July 15, 2022, deadline for a ballot question. Mr. Boiling was asking to rescind the decision to put it on the ballot in case in the next two years there came a call to utilize the diesel tax.

Commissioner Carbone

made a motion to rescind Board action taken at the September 21, 2021, meeting on item 39 for placing a ballot question on the general election for 2024. August 16, 2022 38. For Possible Action Discussion and deliberation to rescind Board action taken at the September 21, 2021 meeting for Item #39 wherein the Board directed staff to place a question on the next ballot for the General Election to be voted on by the registered voters per NRS 373.062: To consider imposing up to a five-cent Nye County diesel tax for on-road diesel fuels-Cont’d. Mark Kampf clarified July 1, 2022, was the deadline.

Commissioner Strickland

seconded the motion to rescind Board action taken at the September 21, 2021, meeting on item 39 for placing a ballot question on the general election for 2024. Tim Bohannon was in favor of rescinding it, but suggested when it was brought back the Board think about putting something relating to the electricals as well.

Commissioner Cox

was not present. PUBLIC PETITIONER 39. For Possible Action Discussion and deliberation regarding a request to: 1) Consider granting a Right-of-Way Easement to Valley Electric for a Transmission Line project located on Assessor’s Parcel Numbers: 021 -21 8-02; 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 fees associated with each easement. Bob Sweetin, general counsel for Valley Electric Association (yEA), explained these transmission lines were put in place in the 1960s. When the lines were sold to Gridliance part of the deal was VEA and Gridliance would work together to attain all necessary easements where they did not exist. VEA staff learned at that time there were no easements on these parcels, which was the reason for the request now.

Commissioner Strickland

asked what kind of fees could the County collect from VEA for the easements.

Commissioner Carbone

said $5 million.

Mr. Sweetin

pointed out the easement would be deeded to yEA, not Gridliance, because VEA would maintain the lines. They were asking for the waiver of easement fees because in many states there were cities and counties that owned the power infrastructure, the lines and the poles. It was typical where that was not the case to waive the fees simply because it was a public utility being provided to avoid passing those costs on to the residents.

Commissioner Strickland

asked what the associated fees would be. August 16, 2022 39. For Possible Action Discussion and deliberation regarding a request to: 1) Consider granting a Right-of-Way Easement to Valley Electric for a Transmission Line project located on Assessor’s Parcel Numbers: 021 -21 8-02; 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 fees associated with each easement-Cont’d. Lorina Dellinger advised they would be about $2,043.00 annually and in the agreement those would increase 10% annually.

Commissioner Carbone

wondered what would happen if the County decided to not turn the properties over.

Mrs. Dellinger

said the properties would still be owned by Nye County and the easement was what the Board was considering granting.

Commissioner Strickland

felt it would ruin the properties and she still had a bad taste in her mouth when it came to what happened in the past with yEA.

Commissioner Jabbour

asked if VEA worked with and waived any fees for Nye County projects.

Mr. Sweetin

did not know the answer to that, but he knew the current management at VEA had a strong desire to have a good working relationship with the County. He said if those requests were made VEA would certainly consider them.

Commissioner Blundo

commented here had been repeated invitations for VEA to explain increases. He said there was frustration due to a lack of communication and the lines of communication needed to be open.

Mr. Sweetin

said he would be happy to do that. He said they would ask today at a minimum the easements be granted consistent with the fees and then the waiver could come back as a separate issue along with any other issues the County was concerned about.

Commissioner Carbone

suggested Mr. Sweetin pick a couple of the Commissioners to be part of a team to sit down with VEA to the hammer out the situation.

Commissioner Blundo

made a motion to continue this item until the September 7, 2022, meeting; seconded by Commissioner Strickland. Laura Larsen liked what the Board was doing with yEA. She asked if there was any way the public could hear a presentation from VEA of what they had been doing and why they had not fulfilled their obligation to the Board and the County. Tim Bohannon also liked the direction the Board was taking with this. August 16, 2022 39. For Possible Action Discussion and deliberation regarding a request to: 1) Consider granting a Right-of-Way Easement to Valley Electric for a Transmission Line project located on Assessor’s Parcel Numbers: 021 -21 8-02; 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 fees associated with each easement-Cont’d. Tom Boiling commented the County just paid VEA over $70,000.00 to move about ten poles to widen Basin and Wilson. Mark Kampf said there was a reason this was happening now. Someone must be asking the legal question as to why they did not have the legal easement they should. His question was if they were charged those fees if they would pass them onto the powerline people. He wondered how much VEA actually had to pay out of this and how much was recovered through the fees they were charging the powerline company to perform the service.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland. Helene Williams thanked the Commissioners for adopting the proclamation.

Mr. Shoemake

got agitated with that Mr. Shewalter told him to leave the room. Mr. Shoemake was not taken out of the room because of what he said to her, and Mr. Shewalter did not take care of it right then and there. Ms. Stevens also advised that the book mobile was done by Susan Wonderly. When this board took over they dropped it and now were bringing it back and taking credit for it. As to the bid, it was railroaded through in eight days and was manipulated. August 16, 2022 42. 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 (SECOND)-Cont’d. Lorraine Tout found it sad there was a community so divided that the cost of the golf course was being looked at.

Commissioner Strickland

directed staff to draft some proposal to move forward with donation opportunity guidelines for the parks so private individuals could give things to the parks. She then asked if a study could be done as far as the Treasurer’s Department to see if it was more cost effective to waive fees for on-line payments as opposed to staff time in taking payments.

Commissioner Blundo

said he would have an item to discuss the Amargosa’s marijuana situation. He also wanted the County to give them certain properties.

Commissioner Carbone

asked Commissioner Blundo to hold off on that as staff was working on the properties.

Commissioner Blundo

said he would have an item of great importance coming in the future that he hoped the Board would consider.

Commissioner Jabbour

reminded everyone to spay/neuter their pets, protect their children, and conserve water.

Commissioner Carbone

adjourned the meeting. APPROVED this day ATTEST: h N)e Cointy Clerk / Deputy