October 4, 2022

Commissioner Jabbour

thanked Jimmy Martinez, Courtney Kenney, and the entire staff who had everything to do with the success of the Pahrump Festival.

Commissioner Cox

said she had spoken about moving the County line on the Clark County side to protect Nye’s water. She asked staff if anything had been done about that. Tim Sutton advised he sent some materials about how it was done last time to see if that was the route Commissioner Cox wanted to go. He would meet with her after the meeting.

Commissioner Ccx

advised the public her term was not up at the end of this election and she would be in office for another two years.

Commissioner Blundo

said he would like an item for the new ARPA allocation. The one-stop shop was complete and he would like to look at covered parking there as well as solar. He would not have a problem sponsoring a proclamation for First Amendment Day and he asked for one for Italian American Month. To Pat Minshall, Commissioner October 4, 2022 3. Commissioners’/Manager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. Blundo said he appreciated her bringing the comments to the Board, but he did not see anyone dumping anything on anyone.

Commissioner Cox

added Amargosa chose to have no planning and zoning and it was not the Commissioners’ fault he chose to move the dogs over there. As to the carnival, Commissioner Blundo said he heard they stayed open later for the kids. He was not sure what Ms. Walters was talking about, but if anyone had suggestions for improvements they should send them in.

Commissioner Strickland

said she was amazed how positive all the staff was as they were working the Fall Festival.

Commissioner Carbone

thanked Commissioner Jabbour for manning one of the town booths at the Fall Festival. He would look into what happened at the gates. Stephani Elliott advised she planned on having a presentation agenda item hopefully at the end of October, 2022, to discuss grants received by the County so far for the first quarter of FY23, pending applications, and possible future grant ideas.

Commissioner Carbone

said it would be put on the next meeting.

Commissioner Jabbour

clarified it would be the next Tonopah meeting. October 4, 2022

Commissioner Carbone

outlined how the hearing would be conducted. The decision of the Board of County Commissioners would be in the minutes and would be final. All witnesses were sworn in by the Clerk. Tim Sutton read the portions of the Code into the record regarding notice, the definition of a dangerous dog, and the consequences if the Board overturned or upheld the declaration of a dangerous dog. Captain David Boruchowitz, who was the Animal Control Supervisor at the time of the incident, Animal Control Officer (ACO) Levi Gregory, ACO Lee SprouT, and ACO Heather Patton were present.

Commissioner Carbone

asked if they had any other documentation. Captain Boruchowitz said he had a proof of mailing.

Commissioner Blundo

made a motion to accept; seconded by Commissioner Strickland. Michelle Nelson asked the motion be specific to accept the back-up as well as the additional documentation from Captain Boruchowitz.

Commissioner Blundo

amended his motion to accept the back-up as well as the additional documentation from Captain Boruchowitz; Commissioner Strickland amended her second; 5 yeas. Captain Boruchowitz stated the dog belonged to Summer Grubb. The Sheriffs Office had a substantial history with this dog regarding dog bites as outlined in the back-up, which he reviewed for the Board. Ms. Grubbs was given a citation by Officer Sproul in August, 2022, followed up by a certified mailing in September, 2022. Staff would not dispute part of the issue with the dog was its owner and the way she interacted with people. Captain Boruchowitz said in their opinion based on six instances it was a dangerous dog pursuant to the statute and he asked the Board to classify it as such.

Commissioner Strickland

noted Captain Boruchowitz stated that Ms. Grubb signed a receipt on August 22, 2022, but she did not see it in the back-up. Captain Boruchowitz said he had a copy he could provide.

Commissioner Strickland

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

Commissioner Blundo

; 5 yeas. October 4, 2022 7. 10:00 a.m. For Possible Action Discussion and deliberation regarding an — — appeal of the Nye County Sheriffs Office’s classification of a Vicious or Dangerous Animal pursuant to Nye County Code Title 6, Animals, Sections 6.40.010 and 6.20.030 requested by Summer Grubbs Appellant-Cont’d. The Board took a brief recess to allow distribution of the additional back-up. Captain Boruchowitz said Ms. Grubb was living in the community without a residence. He explained the reason this had gone on the way it had was because the ACO5 understood Ms. Grubb used the dog for protection. He said they were willing to work with the Board and her in relation to training. He pointed out in her appeal she said she would put a muzzle on it when in public. He said they had no desire to take the dog and her potential protection for a legitimate need. If some sort of arrangement could be made after the ruling that required Ms. Grubb to put the dog in obedience classes as well as going with it to some dog ownership classes, and ensuring some sort of protection from biting in public, they would not be opposed to that. Summer Grubb confirmed she was the owner of the dog and that she had never received any certified mail. If there was something with her signature on it, it was not hers. The Code that stated the dog was protecting her through provocation made him deemed not vicious and not dangerous. She stated for each bite reported she was attacked first and he was protecting her, but nothing had been addressed in any of those cases and there were no reports available. She and the dog were the victims in the cases. Her dog was not violent or vicious. He was just doing his job and her economic status did not matter. Ms. Grubb said she was willing to never bring the dog to Petrack Park, to put a muzzle on him and take classes, but she would will not agree to having him classified as dangerous and vicious. Ammie Nelson said if someone had an animal with a propensity to protect their property and their owner a leash needed to be used. She would consider any animal that bit that easily a vicious animal. She would like to see Ms. Grubb and her dog in some classes. Gina Meredith cautioned the Board on the phrase protection dog as they were highly trained. The first thing they learned was obedience and it did not sound like there was obedience in these bites. Once a dog bit they had a tendency to bite more. This sounded like a guard dog to Ms. Meredith, not a protection dog.

Commissioner Carbone

asked if the dog was ever off leash as when he had seen the dog in the park it had been on a leash. Captain Boruchowitz advised the dog was on a leash, but in the instance of the tennis ball rolling near the dog the leash did not matter. It was the same for the last incident when Ms. Grubb got into a verbal argument with a person and brought the dog with her. October 4, 2022 7. 10:00 a.m. For Possible Action Discussion and deliberation regarding an — — appeal of the Nye County Sheriffs Office’s classification of a Vicious or Dangerous Animal pursuant to Nye County Code Title 6, Animals, Sections 6.40.010 and 6.20.030 requested by Summer Grubbs Appellant-Cont’d.

Commissioner Strickland

made a motion to modify the classification of Blue as a dangerous dog made by Nye County Animal Control based upon the following findings and conclusions: it was found this was a dangerous condition. The Board of County Commissioners would like to order this dog to complete a course of obedience for anti- bite training approved by Animal Control and the animal must be muzzled in public even when on a leash; seconded by Commissioner Blundo.

Commissioner Blundo

asked Commissioner Strickland if she was suggesting that the Board still designate it a dangerous animal or if she was modifying that.

Commissioner Strickland

said she understood from the script the modification of Blue as dangerous had to be made so Animal Control could take further guidance with the training of the animal and being able to come back to the Board if the conditions were not met.

Commissioner Blundo

asked if it would still be considered dangerous after the training or if that classification would fall off after the training.

Commissioner Carbone

said he had a problem with the classification anyway. He was pretty sure once the training was done, and the ACOs and everybody agreed the dog had been trained and had no issues, it would no longer be a dangerous dog. Michelle Nelson believed that was the case. She then asked that the motion include pursuant to Nye County Code 6.40.020 that within 10 days of the date of this hearing Animal Control shall notify Ms. Grubb in writing via certified mail of the Board’s determination of this matter so there was a timeframe.

Commissioner Strickland

amended her motion to modify the classification of Blue as a dangerous dog made by Nye County Animal Control based upon the following findings and conclusions: it was found this was a dangerous condition. The Board of County Commissioners would like to order this dog to complete a course of obedience for anti- bite training approved by Animal Control and the animal must be muzzled in public even when on a leash. Pursuant to Nye County Code 6.40.020, within 10 days of the date of this hearing Animal Control shall notify Ms. Grubb in writing via certified mail of the Board’s determination of this matter; Commissioner Blundo amended his second.

Commissioner Jabbour

asked Captain Boruchowitz if any of the people who were bit required medical attention or hospitalization. Captain Boruchowitz said yes. Several were sent to the emergency room because of the bite. October 4, 2022 7. 10:00 a.m. For Possible Action Discussion and deliberation regarding an — — appeal of the Nye County Sheriffs Office’s classification of a Vicious or Dangerous Animal pursuant to Nye County Code Title 6, Animals, Sections 6.40.010 and 6.20.030 requested by Summer Grubbs Appellant-Cont’d.

Commissioner Carbone

asked if there were any scars or disfiguring. Captain Boruchowitz said he had not seen the victims since the instances, but he was pretty sure there would be scars because it was a bite.

Commissioner Blundo

asked how many instances were self defense. Captain Boruchowitz stated by law none, meaning despite her assertion the dog was protecting her these were verbal arguments versus a physical attack.

Commissioner Blundo

asked if the dog would be defending Ms. Grubb in the instance involving the tennis ball while the dog was sleeping. Captain Boruchowitz said no. The teenager was playing tennis with his father and when he went to retrieve the ball with his racket the dog attacked him.

Commissioner Carbone

pointed out sometimes when a dog was sleeping it attacked, so he thought the training was the most important piece as she did not have a permanent home.

Commissioner Jabbour

said the question was how to train a dog once they had bitten and tasted the blood to stop biting. He asked if that was possible.

Commissioner Carbone

said police dogs were trained to do the same thing. He then pointed out there were several letters in the back-up where people had been in different settings with the dog and it appeared the animal was fine.

Commissioner Strickland

asked Captain Boruchowitz if the Board could take action if it did not declare the dog dangerous. Captain Boruchowitz said the District Attorney’s Office would have to weigh in on that, but he understood the dangerous dog classification with conditions meant the modification where the Board stated it was dangerous, but for these reasons and they would put the stipulations in without going the full dangerous dog route. The option part was the one that did not require all of the things that would be required in that classification.

Ms. Nelson

advised the modification the Board could make was finding that the dog was dangerous with conditions or the dog was not dangerous with conditions. She noted there was a motion on the table and if the Board continued with the motion that the dog October 4, 2022 7. 10:00 a.m. For Possible Action Discussion and deliberation regarding an — — appeal of the Nye County Sheriffs Office’s classification of a Vicious or Dangerous Animal pursuant to Nye County Code Title 6, Animals, Sections 6.40.010 and 6.20.030 requested by Summer Grubbs Appellant-Cont’d. was dangerous with conditions, the conclusions and findings of the Board supporting that classification needed to be put on the record. The Commissioners discussed if the dog should be classified as dangerous with conditions or if he was just protective along with what was needed for Ms. Grubb and the dog.

Commissioner Blundo

asked Ms. Grubb if she kept the animal on a leash and if so how long it was.

Ms. Grubb

said she did keep the dog on a leash that was less than six feet.

Commissioner Blundo

asked Ms. Grubb if the Board moved forward with what she heard today if she thought she would be able to complete the training for herself and the animal.

Ms. Grubb

stated she was totally willing to do that.

Commissioner Blundo

asked Captain Boruchowitz to be sure Ms. Grubb received the information and assistance to get that training. As to the financial situation,

Commissioner Blundo

asked Ms. Grubb to reach out if the finances became an issue as he did not want that to be a hindrance.

Ms. Grubb

said her dog had been in since August 20, 2022, and she was not sure she could come up with the funds to get him out. She also advised she found a home recently. Captain Boruchowitz said he would work with the shelter to take care of her fees.

Ms. Nelson

asked for the motion to be restated with the findings due to all of the discussion.

Commissioner Strickland

amended her motion to modify the classification of Blue as a dangerous dog made by the Nye County Animal Control based upon the following findings and conclusions which were to be entered into the minutes of the Board. The modification was the dog was dangerous with conditions. The conditions pursuant to Nye County Code 6.20.030 were the Board of County Commissioners would order the owner and the dog to complete a course of obedience for anti-bite training approved by Animal Control with the additional condition the dog was to be muzzled while in public. October 4, 2022 7. 10:00 a.m. For Possible Action Discussion and deliberation regarding an — — appeal of the Nye County Sheriffs Office’s classification of a Vicious or Dangerous Animal pursuant to Nye County Code Title 6, Animals, Sections 6.40.010 and 6.20.030 requested by Summer Grubbs Appellant-Cont’d.

Ms. Nelson

said the motion had to include the Board found notice was given pursuant to Code Title 6 and Ms. Grubb was the owner of the dog named Blue.

Commissioner Strickland

amended her motion to modify the classification of Blue as a dangerous dog made by the Nye County Animal Control based upon the following findings and conclusions which were to be entered into the minutes of the Board. The modification was the dog was dangerous with conditions. The conditions pursuant to Nye County Code 6.20.030 were the Board of County Commissioners would order the owner and the dog to complete a course of obedience for anti-bite training approved by Animal Control with the additional condition the dog was to be muzzled while in public. The Board found notice was given pursuant to Code Title 6 and Ms. Grubb was the owner of the dog named Blue.

Commissioner Blundo

wanted to add that when the training was complete the designation would go away.

Commissioner Strickland

amended her motion to modify the classification of Blue as a dangerous dog made by the Nye County Animal Control based upon the following findings and conclusions which were to be entered into the minutes of the Board. The modification was the dog was dangerous with conditions. The conditions pursuant to Nye County Code 6.20.030 were the Board of County Commissioners would order the owner and the dog to complete a course of obedience for anti-bite training approved by Animal Control with the additional condition the dog was to be muzzled while in public. The Board found notice was given pursuant to Code Title 6 and Ms. Grubb was the owner of the dog named Blue. When the training was complete the designation would go away; Commissioner Blundo amended his second.

Commissioner Carbone

would like a time limit for completion. Captain Boruchowitz suggested at least 90 days as he did not know when she could get into one.

Commissioner Strickland

amended her motion to modify the classification of Blue as a dangerous dog made by the Nye County Animal Control based upon the following findings and conclusions which were to be entered into the minutes of the Board. The modification was the dog was dangerous with conditions. The conditions pursuant to Nye County Code 6.20.030 were the Board of County Commissioners would order the owner and the dog to complete a course of obedience for anti-bite training approved by Animal Control within 120 days with the additional condition the dog was to be muzzled while in public. The Board found notice was given pursuant to Code Title 6 and Ms. October 4, 2022 7. 10:00 a.m. For Possible Action Discussion and deliberation regarding an — — appeal of the Nye County Sheriffs Office’s classification of a Vicious or Dangerous Animal pursuant to Nye County Code Title 6, Animals, Sections 6.40.010 and 6.20.030 requested by Summer Grubbs Appellant-Cont’d. Grubb was the owner of the dog named Blue. When the training was complete the designation would go away; Commissioner Blundo amended his second. Captain Boruchowitz felt the motion needed to include the dog was to be released.

Commissioner Strickland

withdrew her motion; Commissioner Blundo withdrew his second.

Commissioner Blundo

made a motion to find the animal at this time was a dangerous animal classification in Nye County Code 6.40.030 and due to the findings and the back-up the Board asked for animal training, anti-bite training, to be done within 120 days for the owner and the dog, that the animal be released back into the care of the owner, until training was completed the dog was muzzled and leashed at all times, and as part of the release vaccinations were to be confirmed. When completed the classification of dangerous would fall off. Notice was properly given per Nye County Code Title 6 and Ms. Grubb was the owner of the dog named Blue, and that Animal Control would give notice to Ms. Grubb within 10 days pursuant to Nye County Code 6.40.020; seconded by Commissioner Strickland.

Commissioner Cox

asked if the County would pay the shelter fees or if Captain Boruchowitz would put some money toward it and Ms. Grubb would still have to come up with something. Captain Boruchowitz said his understanding from the pleasure of the Board was because of her situation the costs would not be collected. Sean Ward said the dog bit the gentleman in the RV three times. He asked if the gentleman was already in a conversation with the owner or if he walked out of his home and was bit. Mr. Ward thought that was very important as to whether the dog was dangerous or protective. Gina Meredith suggested pulling the dog’s canines. John Bosta wanted to know who put the definition of dangerous on the dog as some dogs just automatically protect and were not dangerous. Laura Larsen thought what the Board was doing was admirable. She asked if this would come back to the Board when the training was done to remove the classification.

Commissioner Blundo

did not believe it would come back to the Board. It would just fall off as soon as Ms. Grubb completed what had been asked of her. October 4, 2022 7. 10:00 a.m. For Possible Action Discussion and deliberation regarding an — — appeal of the Nye County Sheriffs Office’s classification of a Vicious or Dangerous Animal pursuant to Nye County Code Title 6, Animals, Sections 6.40.010 and 6.20.030 requested by Summer Grubbs Appellant-Cont’d.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Strickland

made a motion to approve as stated; seconded by

Commissioner Cox

; 5 yeas. The Board was in recess until 1:30 p.m. CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made.

Commissioner Blundo

made a motion to approve items 13-18; seconded by

Commissioner Strickland

; 5 yeas. October 4, 2022

Commissioner Blundo

made a motion to approve items 13-18; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

made a motion to approve items 13-18; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

made a motion to approve items 13-1 8; seconded by

Commissioner Strickland

; 5 yeas. Ammie Nelson talked about the expenses coming out of the Sheriff’s Office. They had a budget and she imagined a lot of this stuff was under their budget. She also thought they had vests already. She was confused about the matches and how much the County would have to pay versus the funds being talked about.

Commissioner Cox

explained the Sheriff had a very limited budget and this subsidized that. Darrell Lackey did not think bulletproof vests existed. It was just body armor on different levels. He asked if this was for the initial equipment or for upgrades.

Commissioner Carbone

said these were just supplemental to what the Sheriff’s Office already had. October 4, 2022 16. For Possible Action Approval to: 1) Accept the Bulletproof Vest Partnership Grant Award from the U.S. Department of Justice in the amount of $37,960.00 with a county match amount of $37,960.00 to provide bulletproof vests to the Nye County Sheriff’s Office through August 31, 2024; and 2) Fund $37,960.00 to 10340 Grants and $37,960.00 to 10101 General Fund andlor 10236 Jail Fund-Cont’d. Liz Jordan from Finance explained the grant expired and sometimes those vests had an expiration date. The vests were also fitted to the deputy. As to the training, this was an in-kind match. The salaries involved in the training was in the Sheriff’s Office budget. Tim Bohannon stated he was firmly in favor of training, but he was a little concerned if it was not in the budget to have it accounted for during budget season.

Commissioner Blundo

made a motion to approve items 13-18; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

made a motion to approve items 13-18; seconded by

Commissioner Strickland

; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. October 4, 2022 9. For Possible Action Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing, and direction regarding public work projects. Public Works Director Tom Boiling provided updates on the activities of the crews around the County as well as the projects.

Commissioner Cox

told Mr. Boiling about an area on Mount Charleston between Dandelion and Hacienda washed out last winter was getting really rough. There were also a couple of intersections on Pahrump Valley Boulevard between Gamebird and Calvada that were really rough. She then asked if anyone looked at Huracan like she asked.

Mr. Boiling

advised it would probably be March or April before the crews got to Huracan, but it was on the list.

Commissioner Carbone

asked Mr. Boiling if he had reached out to the man who would not get his road fixed until Pahrump Valley Boulevard was done. When Mr. Boiling responded no, Commissioner Carbone said he would provide the contact information. He then asked for an update on Farm Road.

Mr. Boiling

advised the crew had started to haul cold patch to do an overlay there. They also intended on doing a scrub seal on a mile of road there. Ammie Nelson said Red Butte and Bourbon Street had potholes filled with water, which she thought was coming from underneath as there had not been any rain. There was a washboard effect forming on Pahrump valley Boulevard and Caivada at the four-way stop and another one on the corner of Woodchips and Basin. She then talked about debris on the road after car accidents and wondered who was responsible for clearing that. Tim Bohannon said he understood Harris Farms was not much involved with the hospital and was always puzzled by why Lola was not taken all the way through. Erika Gerling thanked Mr. Boiling for the attention given to Beatty after the rain event. John Bosta, speaking for himself and not the Amargosa Town Board, thanked the Commissioners and the Road Department for all of the work being done on Farm Road.

Commissioner Jabbour

asked Mr. Boiling to put the potholes on Red Butte and Bourbon on the list to be checked out to see if there was a water line break surfacing.

Mr. Boiling

said he had checked into that. He watched it and it was water from irrigation from the town homes further up the road, but he did not know who was responsible. October 4, 2022 9. For Possible Action Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing, and direction regarding public work projects-Cont’d. Most of the town homes in that section were privately owned, but staff was checking into it.

Commissioner Cox

said she had brought up the issue with Lola before and asked if Mr. Boiling could provide an update.

Mr. Boiling

advised no responses from any of the homeowners there had been received and more notices would be sent.

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) Approve, amend and approve, or reject a Contract with Rev Group, Inc. for the purpose of utilizing its contract through Sourcewell Solicitation No.: RFP #113021 dated February 24, 2022— February 10, 2026, for Firefighting Apparatus and Fire Service Vehicles with Rev Group, mc, and subsequent Contract Amendments; and 2) Execute the Agreement.

Commissioner Blundo

made a motion to approve and execute; seconded by

Commissioner Jabbour

. Purchasing and Contracts Administrator Honey Strozzi was present for questions.

Commissioner Strickland

disclosed the original dig-out for this was done by Strickland Construction, but they owned the loader.

Commissioner Strickland

made a motion to accept the grant award from State Parks in the amount of $275,000.00 with a match of $2750000.00 funding from Grants 10340 October 4, 2022 11. For Possible Action Discussion and deliberation to: 1) Accept the Land and Water Conservation Fund Grant Award through the Nevada Division of State Parks in the amount of $275,000.00 with a match of $275,000.00 for the period of October 4, 2022 through December 31, 2024 for the purpose of rehabilitating Ian Deutch Memorial Skate Park with lighting installation and a resurfaced concrete skating area; and 2) Fund $275,000.00 to Grants 10340 and fund $275,000.00 from Town of Pahrump Capitol Projects 25401-Cont’d. and funding from Town of Pahrump Capital Projects 25401; seconded by Commissioner Jabbour.

Commissioner Cox

asked if there was any way to use the solar lights because of the cost of the other lights. Jimmy Martinez explained for Pahrump’s skatepark there were certain areas that required a certain illumination wattage and solar would not cover that.

Commissioner Strickland

said she wanted to keep the property. She disclosed she was a licensed Nevada broker and she had no pecuniary interest in this item. She said there were a lot of parks and recreation being created and not all people were going to use the things being built. This was just another park and she hoped the Commissioners would decide it was not worth their while to sell it. She said she would like to see it break even as it was an inexpensive place to golf and the community needed resources like it. She asked what the County’s subsidy was last year.

Commissioner Cox

said she did not vote for the County to buy it because she did not think the taxpayers should pay for the upkeep on someone’s yard, but she was also leery that they would let it die. She knew the property would become more valuable as time went on and thought other things could be added to it to make it pay for itself.

Commissioner Jabbour

asked in what year it was purchased and for what cost.

Commissioner Blundo

said it was purchased in 201 7 or 2018. October 4, 2022 12. For Possible Action Discussion and deliberation to proceed with the sale of Town of Pahrump-owned property described 1471 East Mount Charleston Drive South, Pahrump, NV. Assessor’s Parcel Numbers 042-521-01. 042-521-02, 042- 621-23, 042-651-05, 042-651-1 8, 042-671 -01, 042-511-07 owned by the Town of Pahrump, consisting of 2,722,064 square feet, 62.49 acres OS Open Space, Parks, and Recreation more commonly known as Lakeview Golf Course-Cont’d. John Koenig advised the motion was made by then Commissioner Dan Schinhofen, so it was about six years ago. He did not remember the cost. Liz Jordan said it was offered to purchase to the County Commissioners in December, 201 7 for a total purchase price of $350,000.00. It received $104,000.00 from room tax revenues in FY21.

Commissioner Jabbour

pointed out it was in the negative. There was an appraisal for $750,000.00, but if the County decided to sell at that price it would still be in the negative so it did not make sense at this time. Also, approximately four or five months ago the management group presented their plan of action that the Board agreed to and

Commissioner Jabbour

felt the Board was obligated to afford them the opportunity to prove themselves, then come back at a future date.

Commissioner Blundo

said he was disappointed with the management style. It left a liability for a number of years and he felt there was always an excuse. He noted that while it was providing a service to the public, it was being subsidized and the rest of the parks did not get a subsidy.

Commissioner Cox

asked how much the management company was paid a year.

Commissioner Cox

wondered if two people could be hired to run it.

Commissioner Carbone

explained they would need to know how to run a golf course so it could not just be two people off the street. He asked what the appraisal cost. Samantha Tackett advised $5,000.00.

Commissioner Carbone

did not know if was worth $5,000.00 just to have this conversation.

Commissioner Strickland

said the only way to know if it was worth selling was if an appraisal was done. John Bosta said the Board needed to look toward the future. It was 69 acres of land and while it was losing revenue, he wondered what would it cost ten years from now to buy 69 acres of land. Also, this golf course used the water from the public utility to October 4, 2022 12. For Possible Action Discussion and deliberation to proceed with the sale of Town of Pahrump-owned property described 1471 East Mount Charleston Drive South, Pahrump, NV. Assessor’s Parcel Numbers 042-521 -01, 042-521 -02, 042- 621-23, 042-651-05, 042-651-18, 042-671-01, 042-511-07 owned by the Town of Pahrump, consisting of 2,722,064 square feet, 62.49 acres OS Open Space, Parks, and Recreation more commonly known as Lakeview Golf Course-Cont’d. dispose of sewage. If the County sold this property Mr. Bosta wondered where that sewage would go. As to the appraisal, he saw nothing about the amount of water rights that went with the land or their value. Laura Larsen thought the money could be used to upgrade the existing parks. Tim Bohannon spoke in favor of keeping the golf course. Ammie Nelson recalled the Binion Ranch was for sale for $1 .5 million at the same time this was and the County paid more for this golf course. In her opinion if the people in the area wanted to keep the golf course then they should do what Mountain Falls did and put it as a membership for the homes in the area and let them pay for the golf course. Helene Williams believed since the contract was signed the restaurant had not been added so the contractor now had an added income unless the County was making the income from the restaurant, which she did not believe it was. Linda Clark said she lived in Mountain Falls and was surprised to hear what the other speaker said as she did not pay a membership fee. It was open to the public. She thought Lakeview was a beautiful piece of property that was being used wrong. Ms. Clark suggested putting in some bed and breakfast places to encourage people to stay or revamp the golf course and find another use for it. She did not support selling it.

Commissioner Blundo

said he would do some outreach for a possible purchaser.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland.

Commissioner Carbone

explained all County buildings would show green lights in their facilities to show support for the veterans.

Commissioner Cox

asked about the town buildings.

Commissioner Carbone

thought Buildings and Grounds Director Bill Allen was putting them on every building, but he had not talked to him about that. Tim Bohannon said he was in favor of the resolution.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Blundo. Michelle Nelson asked that the motion be amended to approve and authorize.

Commissioner Strickland

amended her motion to approve and authorize; Commissioner Blundo amended his second; 5 yeas. EMERGENCY MANAGEMENT

Commissioner Blundo

made a motion to approve Thermofischer in the amount of $102,085.00, award Bid No. 2022-12 to them, approve the contract with the selected bidder, and fund from 10340 Grants and 10282 EMS; seconded by Commissioner Strickland. Michelle Nelson advised Stephani Elliott told her there was a misprint in the funding source for this item. She asked that the motion be amended to exclude the funding source as that would come back to the Board at a later time.

Commissioner Blundo

amended his motion to approve Thermofischer in the amount of $102,085.00, award Bid No. 2022-12 to them, and approve the contract with the selected bidder; Commissioner Strickland amended her second. October 4, 2022 29. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2022-12 Handheld Spectroscopy Analyzer; 2) Award Bid 2022-12 Handheld Spectroscopy Analyzer to Farrwest Environmental Supply, Inc. in the amount of $99,997.90. RedWave Technologies in the amount of $76,500.00, Safeware Inc. in the amount of $117,286.81, Thermo Scientific Portable Analytical Instruments Inc. (Thermofischer) in the amount of $81,345.00 or Thermofischer in the amount of $102,085.00; 3) Approve, amend and approve, or reject the contract with selected bidder; 4) Fund from 10340 Grants and 10282 EMS; or 5) Reject bids and provide direction to staff on how to proceed with the pro ject-Cont’d.

Mrs. Strozzi

explained this award was recommended as it was the only bid that met the specifications advertised for, included training for 12 responders, and had a five-year warranty.

Commissioner Blundo

asked if the issue of retirement, termination/resignation, was addressed.

Mr. Sutton

said yes. The original proposal was to purchase a certain amount of years of retirement credit, which was declined by the Board so it was not in the agreement.

Commissioner Blundo

hoped Mr. Sutton would remain as the County Manager and asked if that was Mr. Sutton’s intention.

Mr. Sutton

said yes and he was surprised that came up in the negotiations. He would stay for as long as the Board would have him.

Commissioner Cox

asked if Medicare would take over when Mr. Sutton was off the medical insurance.

Mr. Sutton

said the proposal was to have the County pay for health insurance until he met Medicare eligibility, at which time the County’s stipend would end as specifically stated in the contract.

Commissioner Blundo

asked what the annual increases were.

Mr. Sutton

explained the 5.25% was the difference between steps, which was what everyone got in the management group. Since he did not have an NCMEA contract to tie to anymore he would normally just go with what they negotiated. He wanted to have something in place for those periodic raises that would be negotiated. He said he followed the same language used in the other contracts. Ammie Nelson said she had known Mr. Sutton for a long time and she thought the Board was getting a pretty good deal. Tim Bohannon said he appreciated the call out on the COLA, but he did not see where there was an incentive on performance. He asked if 10 hours of sick leave per month accrued month over month if not used. Bill Hockstedler told the Board he had gotten to know Mr. Sutton better than some and he appreciated his professionalism and the way he approached his job. Pat Minshall said Mr. Sutton was a County Manager for all of the County and any time Amargosa had questions he was a phone call away. If he could not answer then he would let them know who they should contact. She would like to see him around for a long time. October 4, 2022 28. For Possible Action Discussion and deliberation to approve, amend and approve, or reject the amended County Manager Employment Agreement for Tim Sutton-Cont’d. John Bosta agreed with the comments made about Mr. Sutton.

Commissioner Blundo

made a motion to amend and approve the amended County Manager employment agreement for Timothy B. Sutton with the amendment being in section 6.g. where it said beginning July 1, 2022, it should state January 1, 2023; seconded by Commissioner Jabbour; 5 yeas. PLANNINGIBUILDING/CODE COMPLIANCE

Commissioner Strickland

thought there had been a battle in this particular forum and the only thing she could think to do right now, if the Commission would support it, was to disallow photovoltaic generation facilities within the RPD period. If someone came to the Board there would be no exception. If they wanted to do a generation facility, even on private land, they would need a special waiver to make that happen.

Commissioner Blundo

asked Commissioner Strickland if she was willing to entertain solar outside of the PRPD and did not believe the current policy allowed that.

Commissioner Strickland

said each of the communities could bring to the Board what they wanted. The community in the RPD had been very clear about this.

Commissioner Carbone

said it was more than just the PRPD. Anything even outside the PRPD needed a boundary to keep them far enough away from the PRPD and any other town in the County that did not want it.

Commissioner Strickland

asked if Commissioner Carbone was considering townships in that because beyond that was public lands.

Commissioner Carbone

said BLM wanted to know what areas the County would not allow it in. He had been talking to Planning Director Brett Waggoner and knew he was trying to get in touch with Mr. Pay to get some information to start drawing those boundaries. He would like to propose that to this Board at some point in time and then talk to the other towns.

Commissioner Strickland

asked Commissioner Carbone if he was proposing to direct staff to get with each community to find out what that community would like to see, to which he responded yes. October 4, 2022 30. For Possible Action Discussion, deliberation, and possible direction to staff regarding solar development in Nye County-Cont’d. Brett Waggoner thought it was being stated a little simplistically. He said he had never dealt with moratoriums of any kind, which was kind of what was being proposed. He did not know if there was criteria and he would have to work with the District Attorney’s Office for Code amendments. Additionally, one of the purposes of the SUP for these applications was to get ahead of it. The other point of the SUP was it honored the input from the towns.

Commissioner Strickland

directed staff to remove the RE-9.5 designation and write the RPD as well as the other communities to find out if they wanted it defined by township or have boundaries set by streets.

Mr. Waggoner

said without coming up with a particular buffer but saying it could not be within half a mile of a residentially zoned area or something to that effect would be definitive enough. For the towns, their areas may be smaller footprints. John Bosta, speaking as a citizen, cautioned the Board to be careful. In Amargosa the Governor gave a 55% reduction on taxes. He asked if that would reduce 55% of the in lieu of taxes paid to the County. BLM owned about 90% of all the land in Amargosa and Beatty. The BLM Web site showed about six solar projects along Highway 95, not one of which had been brought to the town. Mr. Bosta said BLM negotiated with the people and then went to the County, and then finally it was brought to the town. The town really had no say because of the process. He hoped the Commissioners would come up with a way to protect the small towns with little population. Ammie Nelson said she attended a BLM webinar on the solar farms where a lot of people talked about the ecosystem destruction they caused. As to boundaries, in her opinion if the panels could be seen they were too close. Robert Adams asked that it be passed. Tim Bohannon said he liked the idea of having zones where it was not allowed as well as each community being able to make its own decision, but he was concerned about the economics and what the benefit to the County and its citizens would be as well as eco-recovery and water usage. Linda Clark said she had been to almost all of the meetings on solar and did not hear one advantage for the desert or landscape or any benefits to the town or County as almost everything was going to go to California. She was against any kind of solar or windmills. Erika Gerling said Beatty sent letters outlining their position on solar. Beatty was in favor of renewable energy of all kinds, but the location had always been problematic for them. October 4, 2022 30. For Possible Action Discussion, deliberation, and possible direction to staff regarding solar development in Nye County-Cont’d. Helene Williams said solar developers talked about the life of a solar project being 30 years. Financially the average life was 10 years or less. The one subject that was never spoken about when it came to solar was demolition and the cost of that. She recommended that in any ordinance the County did that 125% of the cost of the demolition included the location of where the products would be put when they were broken down as Ms. Williams did not believe they could be put at the County landfills. The taxpayers also did not want to foot the bill for demolition and removal. Dee Mounts felt there was plenty of room in Nye County to put a solar farm far away from anyone’s home, business, or trails. She suggested using the Test Site for the old panels so they were on federal land and they could deal with it instead of the County. Bill Hockstedler said he appreciated the Board putting some tools out there for the communities to defend themselves against solar. PUBLIC WORKS

Commissioner Strickland

disclosed she was a well drilling contractor and had no pecuniary interest in this whatsoever. She said the price tag was too high as there was about $500,000.00 in grants from CDBG to build this. Utilities Superintendent Darin Tuck built the current system in-house himself with the money the County had. She would like to see the Board support him in doing so. Darin Tuck said he was surprised at the cost. In 2018 the Petrack Park Nye County Complex was done with a $320,000.00 grant. One bid came in at $650,000.00 and the County ended up in this same situation. He pieced it out and did it for $300,000.00. Mr. Tuck thought they could do the same thing here and do it in the $500,000.00 range.

Commissioner Blundo

made a motion to reject the bid and direct staff to execute; seconded by Commissioner Strickland; 5 yeas. October 4, 2022

Commissioner Strickland

made a motion to ratify the U.S. Department of Transportation Federal Aviation Grant and fund $412,500.00 from Grants 10340 and $27,500.00 from Capital 10402; seconded by Commissioner Blundo. Michelle Nelson asked that the funding source be excluded so it could be brought back at a later time as it was incorrect on the agenda.

Commissioner Strickland

amended her motion to ratify Commissioner Frank Carbone’s signature; Commissioner Blundo amended his second. Tim Bohannon said he was a big proponent of strengthening the airports so he was in favor of anything to enhance that.

Commissioner Strickland

made a motion to ratify the signature accepting the U.S. Department of Transportation Federal Administration Grant in the amount of $281 ,250.00 with Savannah Rucker to determine which fund was to be used in the future; seconded by Commissioner Jabbour. Stephani Elliott advised the Board approved this grant on May 3, 2022. October 4, 2022 33. For Possible Action Discussion and deliberation to: 1) Ratify Nye County Commission Chair Frank Carbone’s signature accepting the U.S. Department of Transportation, Federal Aviation Administration Grant Award in the amount of $281,250.00 with a county match of $18,750.00 for the Gabbs Runway Rehab project for the period of June 27, 2022 through June 26, 2026; and 2) Fund $281,250.00 to Grants 10340 and fund $18,750.00 to Airport 10402-Cont’d.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Blundo. John Bosta stated on November 2, 2021, this Board got rid of the water district. On April 1 9, 2022, a new water board was appointed and it only had four members. On July 5, 2022, those members were renewed and one more was added to bring it up to five members. The five members of the new water board had not talked about the amendments to the by-laws. This was brought by the old water board in 2020. Mr. Bosta pointed out the amendment was to eliminate the District Attorney as the attorney for the water board, although he was to be the attorney for all local governments, and the water board could hire additional attorneys if necessary. Mr. Bosta did not know why this was brought to the Board of County Commissioners without a super majority vote of the five members of the new water board and felt that should be done. He asked that his written statement be included in the minutes [see Attachment 2]. Helene Williams, speaking as chair of the Water District Governing Board, said the reason for the change from shall to may was because the District Attorney did not want to represent the water board so they went out and hired outside legal counsel. She requested the change of the one word when she was on the previous water board. The general manager brought that before the Commissioners for ratification, and now the new water board was bringing it before the Commissioners for ratification. Dan Weeks, general manager of the water district, explained this was simply a housekeeping measure. The water board needed Open Meeting Law assistance from the District Attorney’s Office and thought a direction from the Commission would help with that. Mr. Weeks then stated some of the contentions that had been brought before the Commission in his opinion after a thorough analysis were being brought in an argumentative manner rather than a constructive manner. He asked the Commission to take some of those arguments with a grain of salt. October 4, 2022 34. For Possible Action Discussion and deliberation to approve, amend and approve, or reject the Nye County Water District Governing Board Bylaws pursuant to Section 8(1 )(h) of the Nye County Water District Act-Cont’d.

Commissioner Carbone

asked if this was brought before the water board and voted on.

Mr. Weeks

said it was done in 2020. A super majority of the that water board accepted the change and the current water board would accept it as well.

Commissioner Blundo

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

Commissioner Strickland

asked Liz Jordan to look into changing the way the items were written regarding funding sources. She would like the funding sources to say to be determined by the Comptroller. She also asked if Tourism Director Arlette Ledbetter would look into what the Silverton Hotel’s room tax would mean to the County in the future. Lastly, Commissioner Strickland announced that Michael Sullivan of Nevada GeoTech had passed. His family was inviting everyone to a celebration of life at the shooting site at the fairgrounds, 6601 Fox Avenue, on Saturday, October 1 5, 2022, at 4:30 p.m.

Commissioner Blundo

wished the Clerk a happy birthday. He then mentioned October 1 and knew there were people from Nye County in attendance when that occurred.

Commissioner Carbone

said he lost two family members in the last week and a half. October 4, 2022

Commissioner Carbone

adjourned the meeting. APPROVED this 3 ‘ day ATTEST: Of : , 2023. Nye Cointy Clerk / Deputy On August 22, almost 300 dogs were seized by animal control in Amargosa Valley. 20 of those dogs had to be euthanized because of their poor condition. 20 puppies had to be euthanized because of Parvo, a virus that is highly contagious and quite lethal. 24 puppies were found in a freezer on site. 24 dogs, so far, were found buried on site. Pahrump didn’t want the problem in their town, so they sent it to ours. It was reported that “animal control” helped move those dogs to Amargosa. This means that country gas, vehicles and personnel were used. Who gave that order? I think that whoever was responsible for sending these dogs to Amargosa should be held accountable. Amargosa has a planning committee that new business’s must go to, to apply for a license to do business in Amargosa. This was not done. The county is aware of this rule, yet obviously ignored it. ATTACHMENT I Thanks to Pahrump and Nye County, Amargosa has made national news, not exactly how Amargosa would like to be known. Nye County ignored an on going problem and then sent it to us I think that is inexcusable, and again someone should be held accountable. Commission Jabbour, I’m sure if those dogs and situation were sent to Tonapah you and your town would be outraged. I hope you and the board look into this situation and find who should be held accountable. Again doing this to Amargosa was reprehensible. I want all my comments put into this meetings minutes. I request that my comments are reflected in the minutes and I submit a copy of my prepared written remarks for inclusion in the BoCC minutes for Item 34, October 4, 2022 Thank you for the opportunity to comment on Nye County Water District Governing Board (WDGB) Bylaws pursuant to Section 8(1)(h) of the Nye County Water District Act: (h) To develop and adopt, subject to approval by the Commission, ordinances, rules, regulations and bylaws necessary for the exercise of the powers and conduct of the affairs of the Board and District. All bylaws adopted or amended must also be approved by a supermajority vote of the members of the Board. November 2, 2021 the B0CC recalled the seven (7) WDGB members. April 19, 2022 the B0CC appointed four (4) members to the New WDGB, therefore there is no supermajority. July 5, 2022 the B0CC added a member and reappointed three (3) members to the New WDGB for a total of five (5) members, a supermajority. Area 1—OPEN Area 2—OPEN Area 3— Edwin Goedhart -Term expires June 30, 2023 Area 4— Position 1, Helene Williams -Term expires June 30, 2024 Area 4—Position 2, Bruce Holden -Term expires June 30, 2024 Area 4— Position 3, Ernie Jackson -Term expires June 30, 2024 At Large Michael Lach -Term expires June 30, 2024 The New WDGB has not adopted, amended, or approved the 2012 WDGB Bylaws after acquiring a supermajority July 5, 2022. The backup contains no 2022 Certification of Completion by the New WDGB. The requested action is to amend the 2012 Bylaws approved on 12/14/20 by the Old recalled WDGB. December 14, 2020 WD Minutes Item 11 page 4 Helene Williams made a motion to change — — - the 2012 Bylaws of the Governing Board of the Nye County Water District Page 5-section 3 c (Legal Counsel), to read “The Nye County District Attorney or its designee may be legal counsel to the Governing Board”. Bill Knecht seconded the motion. The vote was approved 6-0. It is not necessary to amend 2012 Bylaw Page 5: C. LEGAL COUNSEL The Nye County District Attorney or its designee shall be legal counsel to the Governing Board. The Governing Board may also hire other legal counsel as needed to hire an attorney. May 24, 2021 WDGB Minutes 11 page Helene Williams motioned that we approve continued — — - engagement for legal representation with the law firm of Kaempfer Crowell, Severin A. Carlson for a not-to-exceed amount of $50,000 for Fiscal Year 2021 / 2022. Bill Knecht seconded the motion. The vote was approved 5-0. Nye County Water District Act Sec. 9. 1. The Board shall: (f) Delegate and redelegate to officers of the District the power to employ necessary executives, clerical workers, engineering assistants and laborers, and to retain legal, accounting or engineering services, subject to such conditions and restrictions as may be imposed by the Board. Why has this Red Herring been brought to the BoCC without a supermajority vote and the five signatures of the members of the New WDGB with the date of approval of the 2022 WDGB Bylaws ready for the WDGB supermajority signatures and date of the BoCC approval with signatures? Why doesn’t the Chair of WDGN want the Bylaws appropriately approved by the New WDGB? Why is the New WDGB applying the actions of the Old WDGB that the Commissioners did not like? Why is the New WDGB not taking action of amending the Bylaws in the correct procedures of C-) approval by a supermajority vote of the new board to ajnend the Bylaws? Respectfully, John F. Bosta ‘‘ I—