October 18, 2022

Commissioner Jabbour

told everyone to protect their children, save water, and spay/neuter their pets.

Commissioner Cox

told Ms. Christiansen that she had been working on the homeless problem, but another problem was constitutional rights and they could not be told they could not do what they wanted to do.

Commissioner Blundo

shared the frustration with Pahrump Valley Boulevard and said he also understood they were being fined. He learned Wulfenstein was the contractor and they shut down the phone lines to the public because they were getting inundated with phone calls from people complaining. Changes were being made for future contracts. Regarding the liquor and privilege licenses, it had come to his attention there was no process for the County to administratively approve them and they had to start from scratch for a secondary license. He told Tim Sutton he would like to look at a process for that. Commissioner Blundo disclosed he had a privilege liquor license, but October 18, 2022 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshops/agendas)-Cont’d. that did not preclude him from setting policy as he had no pecuniary interest in the discussion. He thought some Code changes would be needed in Sections 17.06 and 5.32.

Commissioner Jabbour

explained no matter what kind of privilege license someone had, time lapsed and with time lapsing things changed and businesses changed, which was the reason for the secondary license. Planning Director Brett Waggoner advised that on the second agenda in November there would be a proposal to institute a temporary moratorium on any solar applications.

Commissioner Carbone

wanted to make sure the maps for the Balloon Festival showing where they could ascend and descend were made available to the people putting it on. Grants and Contractors Manager Stephani Elliott said Beatty Days would be October 28-31, 2022. Mark Kampf said everyone should have received their mail ballots or would receive them soon. They could be returned via mail or they could be dropped off at either of the Clerk’s Offices. Early voting would start October 22, 2022, at the Bob Ruud or the Tonopah Clerk’s Office. One day of early voting would be in Duckwater on October 25, 2022. November 8, 2022, was Election Day and polls would be open at Beatty, Round Mountain, Amargosa, Tonopah, and Bob Ruud.

Commissioner Carbone

asked about the people who opted out.

Mr. Kampf

said they could go to their polling location during early voting or on Election Day.

Mr. Mitchell

explained in terms of oversight of the construction process and the taxpayer dollars, there would be joint oversight between the County and the State to be sure any dollars spent would build the type of infrastructure needed.

Commissioner Blundo

said that was not the issue. Once the system was created it was the government’s, not a private entity’s, and he wanted to know who would have oversight and if it would allow the government to do Web traffic monitoring.

Mr. Mitchell

said the infrastructure built would be owned by the private internet service provider the County selected. The difference was the infrastructure would be better and accommodate faster speeds. The government would have no oversight and no ability to monitor it. October 18, 2022 34. Presentation on current grant opportunities to help improve Digital Equity and expand affordable high-speed internet for unserved and underserved locations within Nevada and Nye County based on availability mapping provided by the Federal Communication Commission (FCC)-Cont’d.

Commissioner Blundo

stated there would then be this huge infrastructure investment in an internet company which would raise the value of the company due to the taxpayer dollar.

Mr. Mitchell

did not know what that would do to the value of the company, but he said companies that wanted to be here and provide a good service to Nye County residents would be better able to do that.

Mr. Adams

explained this was a nationwide grant. It was a joint grant application and the partnership was for the vendor. The partner would own the equipment because they had the infrastructure now to be able to complete the project and make the service available to the public. The County did not compete with private industry in situations like this. This was federal funding coming to the State and then to the local entity to partner and improve connectivity. He then asked the Board how they wanted to select priority areas.

Commissioner Carbone

thought staff would probably work on that.

Commissioner Jabbour

asked once the County received the money how would it be determined for Nye County to be prioritized because it was certainly not the only county that would jump on this.

Mr. Mitchell

said there was a mandate to serve every single unserved area, so before they could start spending money they had to certify to the federal government that every unserved area would be served and they would work with County staff on that as well. TIMED ITEMS 7. 10:00 am. For Possible Action Discussion and deliberation regarding the — — monthly statement of the county treasurer pursuant to NRS 354.280 including receipts, balances in funds, money on deposit, outstanding checks, and cash on hand. Treasurer Raelyn Powers was present via telephone.

Commissioner Carbone

said it looked like there were still issues with Eden that needed to be cleaned up.

Ms. Powers

agreed. She said there were three people working on it, her office, the Comptroller’s Office and the outside auditor. She then advised she would have more October 18, 2022 7. 10:00 a.m. For Possible Action Discussion and deliberation regarding the — — monthly statement of the county treasurer pursuant to NRS 354.280 including receipts, balances in funds, money on deposit, outstanding checks, and cash on hand-Cont’d. June FY22 bank reconciliations once September closed, and she would have August and September completed relatively soon.

Commissioner Carbone

asked for a timeline of when Ms. Powers and the Comptroller would be done.

Ms. Powers

stated the outside auditor said they would have the items taken care of within a week.

Commissioner Carbone

asked for a timeline from the Comptroller. Elizabeth Jordan from Finance said she did not have a timeline at the moment.

Commissioner Carbone

pointed out there was a system to put in place and asked Tim Sutton to work with the Comptroller. Tim Bohannon thanked the Treasurer for the report and getting things caught up even more. It was also easier to see there were issues to clean up. In getting ready to get into a new system interim staffing may need to be expanded to help clean it up. Mr. Bohannon mentioned the negative fund balances on the report and asked if there was a forecast or accruals that had not hit yet that were expected that might cause more of that. He wondered if there were funds that required a minimum balance. Ammie Nelson said Pam Webster was the Treasurer for a period of time and thought she might be able to help them clean it up. 8. 10:00 a.m. Presentation by Doug Ziegler, EDP Renewables North America, regarding the twenty-four-month review of the Development Agreement with Nye County pursuant to section 5.1 of the agreement. Doug Ziegler from EDP Renewables presented the 24-month review of the development agreement with Nye County for the Sunshine Valley Solar Park located in Amargosa Valley.

Commissioner Cox

asked if they were connected with the Pacific Corporate Group, to which Mr. Ziegler responded no. Planning Director Brett Waggoner said one of the requirements in the development agreements was all reasonable efforts be made to employ people from the County and towns. He asked if there was any oversight with the subcontractor that those efforts were being made. October 18, 2022 8. 10:00 a.m. Presentation by Doug Ziegler, EDP Renewables North America, regarding the twenty-four-month review of the Development Agreement with Nye County pursuant to section 5.1 of the agreement-Cont’d.

Mr. Ziegler

said it was definitely something they continuously reinforced with their vendors. They preferred to use as many local resources as they could, but they were fairly limited in the amount of control they had.

Mr. Waggoner

asked Mr. Ziegler to provide data he could share as to the water usage. 9. 10:00 a.m. Presentation by Best in the Desert Racing Association regarding the 2022 World Hare & Hound Championship. Megan Phillips, Race Operations Manager for Best in the Desert, gave a presentation on the 2022 Word Hare and Hound Championship.

Commissioner Jabbour

reminded Ms. Phillips that part of the agreement was the roads were returned to the same condition they were in before the race.

Ms. Phillips

said they had a plan to go around the entire course with the BLM officer to make sure all of the roads were returned to previous usage, which would happen within the first week. 10. 10:00 a.m. For Possible Action Public Hearing Discussion, and — — — deliberation on ZCMP-22-13: An application for a Conforming Zone Change to change one parcel totaling approximately .46 acres from Neighborhood Commercial (NC) to General Commercial (GC) on property located at 2090 S. Cortina Street, Pahrump, NV. Assessor’s Parcel Number 042-733-04. Dirt to Surf, LLC. Property Owner. Steve Keith ApplicantlAgent. — —

Commissioner Carbone

opened the public hearing. Brett Waggoner advised there were some existing signs that had been there for quite a while. They were damaged a year and a half ago during one of the storms and had to be reconstructed. This was just an opportunity to get them into a legal status.

Commissioner Carbone

closed the public hearing.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland; 5 yeas. October 18, 2022 11. 10:00 a.m. For Possible Action Public Hearing Discussion, and — — — deliberation on ZCMP-22-14: An application for a Conforming Zone Change to change one parcel totaling approximately .597 acres from Neighborhood Commercial (NC) to General Commercial (GC) on property located at 2530 S. Rainbow Avenue, Pahrump, NV. Assessor’s Parcel Number 042-832-10. Dirt to Surf, LLC Property Owner. Steve Keith ApplicantlAqent. — —

Commissioner Carbone

opened and closed the public hearing.

Commissioner Jabbour

pointed out the back-up read 750 feet from all other existing off- premises signs on the same side of the street. He understood it went back before the Planning Commission, a vote taken and a recommendation given, but he wondered how this related to the .597 acres neighborhood commercial to general commercial. He also asked if there were other existing signs. Brett Waggoner explained part of the waiver request granted by the Planning Commission was they were not able to meet the 750 feet.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland. If the 750 feet was going to keep being a problem, Commissioner Cox wondered if it should be changed to a shorter distance.

Mr. Waggoner

did not think this was a big enough issue to necessitate a Code amendment because it was infrequent and the waiver process through the RPC could address it.

Commissioner Carbone

opened the public hearing. Brett Waggoner explained this was an application for an SUP at an existing marijuana facility. The business went into receivership with the State and had a new owner now, so this was an application to transfer everything into their names so they could follow up with the application for a license. October 18, 2022 12. 10:00 a.m. For Possible Action — — Public Hearing — Discussion and deliberation on ETSU-22-9-Cont’d. Neal Huff said he was employed next to the operation. Darren Kessler and Strata Growth had made a marked improvement to the operations and remedied some damages incurred during the previous operator’s tenure. Mr. Huff spoke in favor of Mr. Kessler and his operation. Norma Vazquez from Strata Growth hoped the Board approved the application. Rachel King said she worked for Strata Growth and spoke in support of it. Richard Goldstein said he had no problem with the operation itself, but he felt something needed to be done about the smell. Ben Barfild said he was employed by Strata Growth and spoke in support of it. Tammy McConnell said she was employed by Strata Growth and spoke in support of it. Ammie Nelson said she had not heard of the company, but with all the favorable testimony she would work there. James Petta said he worked for Strata Growth and spoke in support of it. Cory Salvesen, Director of Cultivation at Strata Growth, spoke in favor of the company. Assessor Sheree Stringer said she did not have a problem with the SUP, but she did have a problem with the outstanding taxes. She felt the Board needed to take a look at that and have the company come up with a plan on how they would pay them.

Commissioner Carbone

closed the public hearing. Adam Fulton talked about how much work Mr. Kessler put in to keep people employed and keep the business going. He asked for a vote for approval.

Commissioner Jabbour

asked if all of the applications, taxes, fees, etc., were current and up to date.

Mr. Kessler

said the licensing was completely up to date and current. As to the County taxes, he said he just learned about that 15 seconds ago.

Mr. Fulton

said the Cannabis Compliance Board approved the transfer of the license on the State level to Strata on July 8, 2022, with court approval removing the receiver on August 5, 2022. ACC, the prior entity, was still in receivership and owed a lot of people a lot of money. If there were outstanding taxes and other issues, Mr. Fulton said Strata October 18, 2022 12. 10:00 am. For Possible Action — — Public Hearing — Discussion and deliberation on ETSU-22-9-Cont’d. had gone above and beyond fulfilling all of its obligations and he felt they would continue to do so

Commissioner Jabbour

asked how they would remediate the aroma to help the neighbors be comfortable.

Mr. Kessler

said they were making improvements to the facility such as dry rooms and they were building self-contained rooms completely isolated, which should drastically reduce the smell coming out of the building. There would also be all new filtration.

Commissioner Cox

said she received written complaints about the odor last week, and the odor was bad when she was at the casino last week. She stressed the need for it to be addressed and said she had asked the Sheriff’s Office to look into it.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 13. For Possible Action Discussion and deliberation to amend the Town of Pahrump Property Use Policy pertaining to electioneering (campaigning) activities by: adding a time frame when electioneering activities are permitted, implementing a random drawing system for electioneering spaces, and removing a prohibition on signs due to a prior Nye County Code Change.

Commissioner Blundo

asked why there were predetermined areas. He thought it should be 100 feet back and then whatever spot the person claimed. He asked if they would be allowed to leave their equipment there because there were homeless people at the park.

Commissioner Jabbour

said he understood Commissioner Blundo’s concerns. After reading the item, he was not sure why the County Manager wanted to assign spaces.

Commissioner Jabbour

proposed a random drawing be done. Once the candidate was selected they would choose their spot to use for the duration and it would be done. He was worried if the County Manager assigned them there would be arguments and criticism, and the perception of favoritism.

Commissioner Carbone

did not see that Mr. Sutton was picking the spot.

Mr. Sutton

stated these were not changes that he proposed. It was an idea brought forward by the Sheriff and the Chair during the last election. As far as the assigning, he did not intend to assign spots. In his mind the spots would be numbered and the October 18, 2022 13. For Possible Action Discussion and deliberation to amend the Town of Pahrump Property Use Policy pertaining to electioneering (campaigning) activities by: adding a time frame when electioneering activities are permitted, implementing a random drawing system for electioneering spaces, and removing a prohibition on signs due to a prior Nye County Code Change-Cont’d. numbers would be put in a bucket to be pulled from. He said he had no concerns with

Commissioner Blundo

felt the County should be removed from the problem and the candidates should figure it out. Mark Kampf said he planned on setting up so there were two lines into the facility, one of which would be for voters who needed assistance as required by law, and he was pulling together all the crowd control implements he could get his hands on so the line would snake around inside and outside the building to avoid the issue as much as possible.

Commissioner Cox

thought Mr. Kampf had a good idea. As to the parking lot, she felt a drawing would fine but she would like it to be that person’s spot for the two weeks. Brett Waggoner thought there were safety concerns with the traffic being allowed to drive through. He suggested designating a more confined area where traffic could be controlled and people would be kept safe. He agreed with snaking the line.

Commissioner Strickland

suggested implementing the policy now.

Commissioner Carbone

said he wanted to incorporate what Commissioner Jabbour said. Tim Bohannon said in his industry they used a random lottery also and that type of approach helped reduce confusion. Ammie Nelson said she was thinking about the people that could not be there on the same day. She felt someone could draw for an assigned area and another person could draw the name of the person who would get that area. That would eliminate having to have everyone there at one time to do the drawing.

Commissioner Blundo

said before these particular changes came about it was open. All someone had to do was stay out of the 100 feet, and there was no application. He wondered if the Board was impeding people’s constitutional rights to advocate for the position they were running for.

Commissioner Carbone

stated there was no constitutional right to put a tent up or for any of the other activity. If someone wanted to participate in handing out information, they could go stand in the heat at the Ruud Center and do it. October 18, 2022 13. For Possible Action Discussion and deliberation to amend the Town of Pahrump Property Use Policy pertaining to electioneering (campaigning) activities by: adding a time frame when electioneering activities are permitted, implementing a random drawing system for electioneering spaces, and removing a prohibition on signs due to a prior Nye County Code Change-Cont’d.

Commissioner Jabbour

made a motion to amend page 6 of the back-up to read “After the random drawing spaces will be chosen by the candidate for the two-week duration,” etc.; seconded by Commissioner Strickland.

Commissioner Cox

asked when the drawing would be done at the time the person signed up or when everyone was gathered together at once.

Commissioner Jabbour

said he understood from the back-up that the County Manager would facilitate a drawing and the prospective candidates did not have to be present. They would be contacted to go and pick their spot.

Commissioner Blundo

made a motion to approve items 14-20; seconded by

Commissioner Strickland

; 5 yeas. 15. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in January for Tuesday, January 17, 2023, in Pahrump, NV.

Commissioner Blundo

made a motion to approve items 14-20; seconded by

Commissioner Strickland

; 5 yeas. October 18, 2022 16. For Possible Action — Approval of the meeting minutes from the joint meeting on July 19, 2022.

Commissioner Blundo

made a motion to approve items 14-20; seconded by

Commissioner Strickland

; 5 yeas. 17. For Possible Action Approval of Assessor’s Office Change Requests to allow the Nye County AssessorlTreasurer to process and: 1. Issue an amended tax bill in the amount of $1,131 .31 to Donald F. and Deborah L. Hammond, owners of 1540 W. Chowchilla Cir., Pahrump, NV, Assessor’s Parcel Number 036-612-15. 2. Issue an amended tax bill in the amount of $81,653.05 to Mountain Falls Golf Course, LLC, owner of 4750 S. Mountain Falls Pkwy., Pahrump, NV, Assessor’s Parcel Number 045-021 -72.

Commissioner Blundo

made a motion to approve items 14-20; seconded by

Commissioner Strickland

; 5 yeas. 18. For Possible Action Approval to fund $440,000.00 from a funding source determined by the Comptroller for the U.S. Department of Transportation, Federal Aviation Administration Grant Award in the amount of $412,500.00 with a county match of $27,500.00 for the Beatty Airport Master Plan proiect, approved on October 4, 2022.

Commissioner Blundo

made a motion to approve items 14-20; seconded by

Commissioner Strickland

; 5 yeas. 19. For Possible Action Approval to fund $300,000.00 from a funding source determined by the Comptroller for 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, approved on October 4, 2022.

Commissioner Blundo

made a motion to approve items 14-20; seconded by

Commissioner Strickland

; 5 yeas. 20. For Possible Action Approval to fund $102,085.00 from a funding source determined by the Comptroller for Bid No. 2022-12 Handheld Spectroscopy Analyzer approved and awarded to Thermofischer on October 4, 2022.

Commissioner Blundo

made a motion to approve items 14-20; seconded by

Commissioner Strickland

; 5 yeas. The Board was in recess until 2:15 p.m. October 18, 2022

Commissioner Cox

was not present. BOARD OF COMMISSIONERS 21. For Possible Action Closure of meeting, pursuant to NRS 241 .015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 22. 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. 23. 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. 24. 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. 25. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 26. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 27. For Possible Action Discussion and deliberation regarding Nye County Proclamation P2022-Il: A Proclamation Recognizing October as Italian American Heritage Month in Nye County.

Commissioner Blundo

disclosed he was half Sicilian.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Jabbour.

Commissioner Jabbour

disclosed his daughter was part Italian as were his nieces and nephews. He noted the Board unanimously passed a resolution about a year ago that October 18, 2022 27. For Possible Action Discussion and deliberation regarding Nye County Proclamation P2022-Il: A Proclamation Recognizing October as Italian American Heritage Month in Nye County-Cont’d. all visitors and residents that came into Nye County were welcome. There were more than 12 heritages that came to and lived in the County. His only suggestion was that a modification be made to the proclamation so instead of Italian American it read All American Heritage.

Commissioner Blundo

thought Commissioner Jabbour was sponsoring an item that could be brought up during Commissioners/Manager’s Comments.

Commissioner Blundo

asked if this could mirror what was done with the other policy. Tim Sutton said this was more relevant when campaigning activities used to be done at the Nye County Government Complex, but he did not think it was done any longer. If it was still done, then he agreed with Commissioner Blundo’s suggestion.

Commissioner Blundo

made a motion to mirror the Town of Pahrump policy; seconded by Commissioner Jabbour.

Mr. Sutton

pointed out the town’s policy included more provisions other than those related to electioneering and confirmed that this was only amended as the other one was.

Commissioner Strickland

made a motion to appoint Charles Heath Miller to the Nye County Water District Area 1 for an unexpired term ending January, 2025; seconded by

Commissioner Blundo

. October 18, 2022 29. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Nye County Water District due to two vacancies from the following list of applicants: Charles H. Miller; or 2) Readvertise for the appointment-Cont’d. Tim Sutton said there was another vacancy and staff would continue to re-advertise.

Commissioner Carbone

said the licensing fees needed to be zeroed out.

Commissioner Carbone

made a motion to amend and adopt the changes he just made on the licensing fees to zero and accept the changes for the special fees for surgical and vaccinations; seconded by Commissioner Blundo. Samantha Tackett asked if Commissioner Carbone was going to remove the County Animal Shelter from item 6 as the County would not pay itself surgical fees.

Commissioner Carbone

amended his motion to amend and adopt the changes he just made on the licensing fees to zero, accept the changes for the special fees for surgical and vaccinations, and remove the Nye County Animal Shelter from item 6;

Commissioner Blundo

amended his second; 5 yeas. JUVENILE PROBATION 31. For Possible Action Discussion and deliberation to accept the donation of two 2008 Toyota Highlanders, VIN’s JTEE541A782069858, and JTEE541A882074633 from Elko County Juvenile Probation Department.

Commissioner Blundo

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

Commissioner Blundo

directed staff to send a thank you letter on behalf of the Board. October 18, 2022 EMERGENCY MANAGEMENT 32. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a Contract between Safeware, Inc. and Nye County for the purpose of utilizing their contract through Port of Portland, OR Contract #1 59469 dated April 1,2021 —April 1,2026 for Public Safety, Preparedness, Safety Equipment and Solutions with Safeware, Inc. and subsequent Contract Amendments; and 2) Execute the Agreement.

Commissioner Blundo

made a motion to approve and execute the agreement: seconded by Commissioner Strickland: 5 yeas. 33. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a Contract between Strvker Sales, LLC. and Nye County for the purpose of utilizing their contract through Eagle County Health Service District dba Eagle County Paramedic Services Solicitation No.: RFB # 2021- 06 dated November 8. 2021 November 8. 2024, for Medical Equipment with Stryker Sales and subsequent Contract Amendments; 2) Approve, amend and approve, or reiect the Intergovernmental Cooperative Purchasing Agreement between the Eagle County Health Service District a quasi-municipal corporation and political subdivision of the State of Colorado dba Eagle County Paramedic Services and Nye County to provide that participating public agencies can purchase products at the same terms, conditions, and pricing as the Principal Procurement Agency; and 3) Execute the Agreements.

Commissioner Blundo

made a motion to approve and execute the agreements: seconded by Commissioner Jabbour; 5 yeas. PLANNINGIBUILDINGICODE COMPLIANCE

Commissioner Blundo

wondered if the date and time could be set for the second meeting in July, 2023, as the session would be over by then.

Mr. Waggoner

said another option would be to not set a date and time and make no motion.

Commissioner Strickland

made a motion to accept with the fund to be determined by the Comptroller; seconded by Commissioner Blundo. Tim Bohannon encouraged the Board to look at flooding issues in other areas of the County. Ammie Nelson said flood control was very important to a community like Pahrump that was growing and she was in favor of it.

Commissioner Cox

mentioned a couple years ago mapping was done for flood insurance purposes and asked Mr. Boiling if he remembered how much that cost.

Mr. Boiling

did not know the exact number.

Commissioner Cox

thought it was a lot of money. She asked if the documents being used now were something they did or if they were the documents that FEMA drew up.

Mr. Schalk

said it was all HELM’s work. He advised as he was looking at the town in general he noticed a large portion of it had some old floodplain mapping left in it.

Commissioner Cox

asked how much the other contract was. October 18, 2022 38. For Possible Action Presentation, discussion, and deliberation to: 1) Discuss the proposal received for the North Pahrump Drainage Analysis; 2) Accept or reject the proposal from Holistic Engineering and Land Management, Inc. (HELM) in the amount of $322OOO.OO for processing existing data and providing a detailed assessment of existing drainage conditions; and 3) Fund from a source to be identified by the Comptroller-Cont’d.

Mr. Schalk

said the current project was fully funded by FEMA. He explained the risk map project in front of the Board today was not a FEMA project.

Commissioner Cox

asked why FEMA would not pay for it.

Mr. BoIling

stated Mr. Schalk was trying to work with FEMA to get it paid.

Commissioner Cox

did not want to make an approval until FEMA said no.

Mr. Schalk

advised FEMA would more than likely pay for phase two, which was remapping of the floodplains based on the current project.

Commissioner Cox

asked if this had to go out to bid because anything over $50,000.00 legally had to. She wondered how all of this was going forward without it being brought to the Board to start with, and she had a problem spending this kind of money for just the study. Stephani Elliott explained the initial contract in place was grant funded through FEMA. On December 16, 2021, there was an item brought before the Board specifically for the planning contract, which went out to bid. Staff was looking specifically for an on-call delivery service from a professional engineer and the Board chose HELM not only to handle the specific risk map phase one project, but also anything else that might come up. This was the anything else that might come up. The contract with HELM was good through June, 2023, to help with the drainage study contracts. The additional $322,000.00 was not FEMA funded, and Mr. Boiling was looking at the road fund to pay for that.

Commissioner Cox

felt the District Attorney’s Office needed to look at it as she was uncomfortable spending $322,000.00 and learning later it should have gone out to bid. Grants and Contracts Manager Honey Strozzi added the bid proposal put out was for a competitive one-step process to retain two professional civil engineering consultants to provide comprehensive professional civil engineering support and consultant services. It was a statements of qualifications which she believed applied to this particular project. She did not think it was just for one specific project. It was for an indefinite delivery and indefinite quantity for those specific services. October 18, 2022 38. For Possible Action Presentation, discussion, and deliberation to: 1) Discuss the proposal received for the North Pahrump Drainage Analysis; 2) Accept or reject the proposal from Holistic Engineering and Land Management, Inc. (HELM) in the amount of $322,000.00 for processing existing data and providing a detailed assessment of existing drainage conditions; and 3) Fund from a source to be identified by the Comptroller-Cont’d. Michelle Nelson advised this particular item was not reviewed by legal although the agenda item form indicated it had been. It would have to be submitted to the District Attorney’s Office for review as well as what was allegedly approved in December, 2021, to be able to provide a legal opinion.

Commissioner Strickland

withdrew her motion.

Commissioner Blundo

withdrew his second.

Commissioner Blundo

made a motion to approve once the legal determination had been found to be sufficient or non-sufficient.

Ms. Nelson

proposed continuing this item between two weeks and 30 days if there were no time constraints so the District Attorney’s Office could look at it.

Commissioner Blundo

amended his motion to accept and fund from a source to be identified by the Comptroller.

Commissioner Strickland

thought since there were no time constraints the District Attorney’s Office should take a look at it.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland; 5 yeas. _____________day October 18, 2022

Commissioner Cox

said the island that was put in front of The Source at Homestead and Highway 160 needed to be removed as it was an extreme hazard and people were hitting it constantly. Tom Boiling explained the island was designed with the dispensary that was put in there. It was part of their requirement so there was no left turn coming out of that area. If it was not illuminated enough he would take care of it.

Commissioner Cox

wanted an agenda item to discuss it.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of 2023. Nye Count7iy/ Deputy