November 15, 2022

Commissioner Jabbour

was present via telephone. Not present: Chris Arabia, District Attorney; Sharon Wehrly, Sheriff

Commissioner Blundo

spoke about serving Thanksgiving meals at the Coalition. Mark Kampf stated he would like an item on the agenda for a review of the paper ballot implementation process. It was successful and a great job was done by Clerk staff and poll workers with a whole new process. There were a lot of lessons to be learned in this process and he thought accessibility to the voters could be improved as well as their experience at the polls. The hand count process moved along, but he needed more volunteers. Grants and Contracts Manager Stephani Elliott said at the last meeting when she talked about the grants Commissioner Jabbour had asked how much had been applied for Gabbs. She reached out to Superintendent Darrin Tuck and confirmed two different revolving loan funds were applied for $1 .2 million for clean water and just over $4 million for the drinking water. Nye County was looking for $5.3 million to help fix the infrastructure, provide clean drinking water, and fix the sewer systems. She also mentioned that on September 9, 2022, the animal shelter was opened and Greater Good Charities donated 42 pallets of dog food and treats, which was over $81 000.00 worth of food. Ms. Elliott then talked about Robert Martinez, a truancy officer in the November 15, 2022 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. County, and how he reached out to Jessica McCutcheon for a program where if a student had perfect school attendance they would be rewarded with a bicycle. Ten bicycles were purchased and given to those children with perfect attendance.

Commissioner Cox

said the 4-H program was probably one of the best things for the kids and she would like to see that advertised more.

Commissioner Carbone

directed staff to move forward. Darrell Lackey said he read the CDBG grant book and there was nothing in it about airports or fueling stations. It was about helping community development and he did not see how a fueling station near Tonopah would help anyone.

Commissioner Cox

explained it would allow emergency services to fly into the community to help the people. November 15, 2022 7. 10:00 am. For Possible Action Community Development Block Grant — — (CDBG) 4th Public Meeting to: 1) Discuss projects based on CDBG eligibility; and 2) Prioritize the following application for final submittal: Nye County Project: Tonopah Airport Fueling Station-Cont’d. Pat Minshall asked for reconsideration of the grant for a digital marquee in Amargosa Valley. She understood it was denied because it was not focused on infrastructure, but a marquee would bring communication to the community. The current one was limited to two or three lines and two or three words per line. Money had been allocated for Pahrump tourism for a Web site rebuild and a grant for media and print promotion, which to Ms. Minshall seemed like communication tools. She said Amargosa received all e-mails from the Beatty and Tonopah offices as well as Pahrump and Arnold Knightly. All of that information went into the newsletter, but the marquee would allow posting of all of those in both English and Spanish. Ms. Minshall asked that her comments be included in the minutes [see Attachment 1].

Commissioner Carbone

advised another process was being looked at for the electronic board.

Commissioner Carbone

opened the public hearing. Phil Cookston with CivilWise was present to answer questions. He advised the applicant read through the special conditions of approval and agreed with them. William Webb, appearing on behalf of the company, said he was liaison and general manager and thanked the Board for their consideration.

Commissioner Carbone

closed the public hearing. November 15, 2022 8. 10:00 a.m. For Possible Action Public Hearing — — — Discussion and deliberation on ZCMP-22-12-Cont’d.

Commissioner Strickland

made a motion to approve ZCMP-22-12 based on the RPC’s recommendations and staff findings and subject to all conditions as modified by the RPC; seconded by Commissioner Blundo; 5 yeas.

Commissioner Carbone

asked if there were any issues with turning it into a single-family home.

Mr. Waggoner

said no. The applicant had requested VR-8 zoning, but Mr. Waggoner felt a more appropriate zoning would be suburban estates which would prevent it from being parceled, having livestock, or being a disruption to the neighborhood.

Commissioner Cox

asked if suburban estates allowed for single-family housing and apartments.

Mr. Waggoner

said it did not allow for apartments.

Commissioner Carbone

opened the public hearing. Edgar Montalvo, appearing on behalf of the applicant, said they did not realize it was open space when they bought the lot so they were trying to rezone it to have a single family house.

Commissioner Strickland

asked if Mr. Montalvo researched the difference between VR 8 and suburban estates as she thought suburban estates was more appropriate. November 15, 2022 9. 10:00 a.m. For Possible Action Public Hearing — — — Discussion and deliberation on ZCMP-22-16-Cont’d.

Mr. Montalvo

said yes and they agreed with that.

Commissioner Blundo

did not think that change could be made today and asked the District Attorney’s Office for clarification.

Mr. Waggoner

understood that Board was final action. A recommendation was all that came from the RPC and that was a suggestion staff made in their recommended motion. Ammie Nelson said she had a friend looking into the village residential zoning because it allowed different structures on the property. Her big concern when she saw all the zone changes was about the static water level and if that was part of the presentations the applicants were making before the RPC. If not, she thought maybe it should be part of the application. Public Works Director Tom Boiling said Ishani Ridge Subdivision was originally Boiling Green Acres Subdivision. The soils report identified the area where the park was as a sand volcano and classified it as unbuildable. He suggested the applicant do his due diligence before he built a house there.

Commissioner Carbone

closed the public hearing. Michelle Nelson advised this agenda item did not match the RPC’s recommendation for the zoning change. If the Board wanted to take the RPC’s recommendation then that would have had to have been agendized as such or at least give the option of either of them. With this agenda item, the Board would have to stick with the VR-8 or bring the item back.

Commissioner Strickland

made a motion to continue this item; seconded by

Commissioner Carbone

asked for a date.

Ms. Nelson

said if it was continued it, it would be brought back exactly the same.

Commissioner Cox

withdrew her second.

Commissioner Strickland

withdrew her motion.

Mr. Waggoner

asked if there was no action and it died if it could be brought back with the same application with a different agenda item. November 15, 2022 9. 10:00 a.m. For Possible Action Public Hearing — — — Discussion and deliberation on ZCMP-22-16-Cont’d.

Commissioner Blundo

wanted to make sure the applicant understood what was going on.

Mr. Montalvo

stated he understood they had to come back because the agenda item had to be re-written to get the recommendation.

Commissioner Jabbour

asked Mr. Montalvo to go through the County records on the property before it came back to the Board.

Commissioner Strickland

disclosed she was a Nevada real estate broker with no pecuniary interest in this matter, but she had extensive conversations with the applicant as a Commissioner. Brett Waggoner advised the RPC heard this on October 12, 2022, along with the CUP application. It was denied by the RPC along with a recommendation of denial to the Board on the zone change. The applicant had filed an appeal on the RPC decision on the CUP, which was received yesterday and would be on the December 20, 2022, agenda.

Commissioner Strickland

made a motion to continue this item until December 20, 2022: seconded by Commissioner Carbone. Frederick Melms stated they were ready to present right now, but if the Board believed a continuance was more appropriate they would accept that. November 15, 2022 lOa. ZCMP-22-20: An application for a Minor Master Plan Amendment-Cont’d. lob. ZCMP-22-17: An application for a Zone Chanqe-Cont’d.

Commissioner Strickland

said she would not mind seeing the presentation. Michael Livingston, the applicant, said they did a presentation to address the concerns raised at the RPC. The report talked about the project concept, which was a three-story mixed use apartment project in a park setting. The report also discussed the gains on the property taxes and the increased policing that could come from that. They would only occupy four or five acres, but a portion of that would be village commercial which would reduce the project size down to five acres within 29.97 acres. The rest of the site would remain single-family, which would be a buffer to other properties. As to security and public safety, Mr. Livingston had heard there were policing issues in that area and they would bring in 24-hour security, which would be a benefit to the public right-of-way. They had the water rights and were probably only using 50% of them. They would also meet the demands of being water smart and reusing water in the development itself.

Mr. Livingston

believed it was a very good project for Pahrump.

Commissioner Strickland

asked about the grant funding.

Mr. Livingston

said that triggered the whole project. They were applying for a $20 million grant.

Mr. Meims

said they were trying to use the Home Means Nevada initiative to put 140 affordable housing units in Pahrump on North Blagg and Basin for people making between $17,000.00 and $55,000.00 a year based on family size and some other factors. They would then charge 30% of the gross income, which the Department of Housing and Urban Development believed was a healthy rent amount for a family. They had been pre-approved on the grant and should know for sure on December 1, 2022.

Commissioner Blundo

asked what Mr. Meims meant by affordable housing.

Mr. Melms

explained the grant was not a HUD grant. It was through ARPA and one of the requirements was to target individuals earning below the 60% median income. They would target people making between 30% and 60% of the area median income.

Commissioner Carbone

asked about the seniors and if things would be mixed and matched.

Mr. Meims

said if the Board would like them to make specifics it was something they could look into. His concern with segregating units was the potential ADA issues along with HUD disability and discrimination issues. He did not know enough about segregating units to make any promises. November 15, 2022 lOa. ZCMP-22-20: An application for a Minor Master Plan Amendment-Cont’d. lOb. ZCMP-22-17: An application for a Zone Change-Cont’d.

Commissioner Carbone

asked about people who came for a short time for medical treatment and then left.

Mr. Melms

said they could be accommodated if that was what the market wanted.

Commissioner Cox

commented this would not help the people who were basically living on the street because they were not making $1 7,000.00 a year. Ken Ideker, representing Sophie Ideker, said one of the largest difficulties for the homeless was the lack of a permanent address to allow them to get a job and this could provide that permanent address.

Commissioner Cox

wondered how this would affect people who qualified and moved in but lost their job next year. She asked if they would be kicked out.

Mr. Melms

stated the program would be kind and it would not be a seven day notice, but if it got to the 60 to 90 day area they would have to evict. This was not coming in as a charity.

Commissioner Cox

said people told her they did not want low-income housing, but they wanted to get people off the street. She wanted the public to know this was low- incoming house and not something that would serve the homeless. She asked how many stories it would be.

Commissioner Cox

asked if there would be something that said a family of six or seven could not live there because of the fire code or something.

Mr. Melms

stated they had no interest in violating the fire codes and the basis for the rental limits would be the Nye County Code.

Commissioner Jabbour

noted there were families with more than four or five children and asked Mr. Meims if he had any interest in restructuring since they had not broken ground yet.

Mr. Livingston

explained three-bedroom apartments attached to the corner unit were flexible to accommodate larger families.

Commissioner Jabbour

asked Mr. Melms to look into the outstanding taxes owed on the property. November 15, 2022 lOa. ZCMP-22-20: An application for a Minor Master Plan Amendment-Cont’d. lOb. ZCMP-22-17: An application for a Zone Change-Cont’d.

Commissioner Cox

asked for an estimate of how many people this would house.

Mr. Livingston

said around 280 people or more.

Commissioner Cox

was concerned about the water and asked if they had enough water rights to accommodate those people.

Mr. Livingston

said they had 4 million gallons a year.

Mr. Melms

said that equated to about 1 50 acre feet.

Commissioner Cox

asked what they intended to do with the rest of the acreage.

Mr. Livingston

said they may use it for single-family residences since they could get 25 units out of it.

Commissioner Cox

asked if they intended to add more apartments in the future.

Mr. Livingston

stated at this stage that was the intent, but anything could change.

Commissioner Carbone

opened the public hearing. Helene Williams, chair of the Water District Governing Board, said she had not seen this agenda item and the governing board would like to hear this project. She pointed out they would use 50% of their water on item 1 Oa. and she would like to see the two items discussed together for an overall view of the water use. Ammie Nelson said she was at the RPC when this was discussed. There was at least an hour and a half of questions to the applicants, some of them about the seniors being on the bottom floor and the noise that would be created with families with loud children. Another issue was the privacy of the residents in that area. Even though it would not face the residents across the street, there would be windows that would face that way. The public present was absolutely against where this would be put and felt there were other areas where apartment buildings could be built. There were also concerns about the lack of fencing around the property. Ms. Nelson was not in favor of the location. Gina Meredith explained she voted no on this because water was very important and this would take a lot of water. She worked in the public service sector and felt family services would get involved with the number of children in a 1,200 square foot apartment, which could result in a number of foster kids. She reminded the applicant the State of Nevada required one room for each child. November 15, 2022 lOa. ZCMP-22-20: An application for a Minor Master Plan Amendment-Cont’d. lOb. ZCMP-22-17: An application for a Zone Change-Cont’d. Tim Bohannon said oftentimes in this type of project there was additional financing from other institutions due to cost overruns. He thought the concept was good, but the project seemed to create a growth mix in Pahrump that everyone needed to be concerned with. Diane Southworth thought it was a wonderful, necessary idea and was something that could be done. As to the rest of the property, when people advanced in the income bracket maybe that could be used. She hoped the Board went through with this as it was a desperate need in the community. Chris Janicki said he was new to Pahrump and was looking for affordable housing, which was hard to find for a single person who was a senior. He thought this project was a good project and it would be detrimental if the Board did not allow it to go through. Donna Corey, representing Nye County Regional Economic Development Authority, stated their support for the project. It would bring jobs to Pahrump and alleviate a lack of low-income housing. Dee Mounts asked the Commissioners to be careful because the residents did not want a little Las Vegas in Pahrump or Nye County. She believed in affordable housing, but it had to be done right as it was a rural area and the developers had to understand that. Charles Nevel thought this should go before the water board for approval. Darrell Lackey stated there was a need for affordable housing for all types of people, but something was also needed for the people on the street who could not qualify for anything.

Commissioner Carbone

closed the public hearing.

Commissioner Strickland

said if the applicant decided to put in alfalfa instead it would be 150 acre feet of water. The figure she came up with was 40 acre feet for all of the units per year, so water usage was not high, but she wanted them to get their engineering calculations done.

Commissioner Strickland

felt the original motion should stay so they could appeal and the Board could make a good decision.

Commissioner Strickland

made a motion to approve items 13-15; seconded by

Commissioner Jabbour

; 3 yeas.

Commissioner Strickland

made a motion to approve items 13-1 5; seconded by

Commissioner Jabbour

; 3 yeas.

Commissioner Strickland

made a motion to approve items 13-1 5; seconded by

Commissioner Jabbour

; 3 yeas. November 15, 2022 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 12. For Possible Action Discussion and deliberation to approve the purchase of thirteen 5-channel pagers for the Beatty Volunteer Fire Department in the amount of $5,057.00 to be funded from 24235 Beatty Public Safety Fire.

Commissioner Carbone

made a motion to approve $5,057.00 from Beatty Fund 24235; seconded by Commissioner Jabbour. Erika Gerling thanked the Commissioners.

Commissioner Jabbour

made a motion to appoint Diane Pierce to the term ending January, 2025; seconded by Commissioner Strickland; 3 yeas.

Commissioner Blundo

was present. PLANNING/BUILDING/CODE COMPLIANCE

Commissioner Strickland

made a motion to adopt Resolution No. 2022-45; seconded by

Commissioner Blundo

. Dugan Marieb, a regulatory associate at Pine Gate Renewable, a solar and energy storage developer, owner, and operator, said as a developer of clean energy projects they were concerned the County was considering a total moratorium of specifically renewable energy projects in the County for six months as it may prevent new investments in the County. Clay Jensen from Energy Product Solutions said he understood the goal of the temporary moratorium was to get better direction. He was not present to oppose the resolution, but he encouraged the County to solicit input from industry experts. He heard a lot of concerns so it would make sense for them to participate in the process. Darrell Lackey talked about the fields of solar panels and the technology available to track the sun. November 15, 2022 28. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2022-45: A Resolution Adopting a Temporary Moratorium on Renewable Energy Generation Facilities-Cont’d. Ammie Nelson agreed with the moratorium. Erika Gerling advised the Beatty Town Board sent a letter requesting a moratorium until the resource management plan revision could be finished. Robert Thomas Ill said when he first came to Pahrump he installed a whole panel array based upon what he had been told of the benefits, but he found that very few if any of those benefits had trickled to him. He would not want to go to industry leaders who always had an agenda. He invited the planners and Tim Sutton to take a look at this with a very critical eye. Mr. Thomas agreed with the moratorium. Dee Mounts said she did not believe in moratoriums, but this for a short period she agreed with because Nye County was being bombarded. Steven Scow, an attorney in Las Vegas, wanted to put on the record that there were solar uses that were literally the best use of some of land, and solar was the highest and best use for private land. He did not object to the moratorium, but he asked the Board to keep in mind the highest and best use of private land so it could still be used for solar farms.

Mr. Menter

supported the moratorium and thought it should be longer than six months. John Bosta hoped during this moratorium that the solar projects would be required to go to the local towns for approval before they did anything else. Kevin Emmerich, a resident of Beatty, thanked the Commissioners for considering a moratorium. He also thought it should be longer than six months

Mr. Waggoner

said a lot of the concerns he heard was why he brought this item forward. A six-month moratorium was just a suggestion and could be extended. It would allow time to get information from the towns and the different concerns. Rather than come at this from an uneducated position, Mr. Waggoner thought it would be good to get that feedback to tailor any regulations to address the concerns as they might be different in each area.

Commissioner Carbone

explained this was to help with housing for veterans.

Commissioner Carbone

made a motion to amend and adopt Resolution No. 2022-13 with properties the County could release being APNs 038-132-05, 038-142-26, 038- 152-23, 038-153-30, 038-181-03, 038-181-31, and 038-224-04; seconded by

Commissioner Jabbour

; 5 yeas. CLERK 24. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Justice of the Peace, Department B from the following list of applicants: Leonardo F. Blundo, Williams Cams, Lillian Donohue Esg, Alexandra Fernandes, Michael Foley, Walter S. Grudzinski, William Hockstedler, Arthur Hodge Sr, Salli A. Kerr, Frank Maurizio, Nichole McPherson, Jacob Skinner, Brian A. Thelaner, Robert E. Thomas, Ill, and Dale Wysocki: or 2) Readvertise for the appointment. Tim Sutton advised a letter of withdrawal was received from Salli Kerr.

Commissioner Blundo

stated he was an applicant and would recuse himself from this item, but he would speak as an applicant.

Commissioner Blundo

was not present.

Commissioner Strickland

made a motion to continue this item to allow for the taking of more applications and additional back-up for each one of the applicants; seconded by

Commissioner Strickland

said each of the Commissioners represented about 10,000 people. She felt an injustice was being done by having Commissioner Blundo on the list and recusing himself. There would be a new sitting Commissioner in January, 2023, and that Commissioner would have the ability to represent those 10,000. As to the back-up, Commissioner Strickland could not believe how many e-mails of support were received for individuals, but there was no information as to the applicants’ background and experience. Lastly, she wanted to do a grading program which had not been approved by the District Attorney yet. November 15, 2022 24. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Justice of the Peace, Department B from the following list of applicants: Leonardo F. Blundo, Williams Cams, Lillian Donohue Esg, Alexandra Fernandes, Michael Foley, Walter S. Grudzinski, William Hockstedler, Arthur Hodge Sr, Salli A. Kerr, Frank Maurizio, Nichole McPherson, Jacob Skinner, Brian A. Thelaner, Robert E. Thomas, Ill, and Dale Wysocki; or 2) Readvertise for the appointment-Cont’d.

Commissioner Cox

said she had a few requests from people who wanted to put their names in. She knew they missed the date, but since Commissioner Strickland made the motion she could go along with that. The Board discussed whether to hear from the applicants who were present.

Commissioner Carbone

allowed them two minutes to speak. Bill Hockstedler said he did not have a problem with the motion, but he mentioned NRS 4.035, courses of instruction for justice of the peace. There was one scheduled in January, 2023, in Reno and he thought the Board would like to make the appointment before then. John Koenig said he had a better idea. Since people wanted to vote, he suggested combining Beatty and Pahrump townships, let Judge Sullivan run it for a couple of years, and put this on the next ballot two years from now. The Board picked the last one and Mr. Koenig felt the people should pick the next one. Alissa Shoults, Pahrump Justice Court Administrator, advised there were over 102 cases coming up next week that needed to be heard in Department B and there was no judge. She could not find a visiting judge, and they could not be heard by Judge Vitto. Some people have requested a speedy trial and others were sitting in jail until they could get a hearing. Ms. Shoults asked the Board what they wanted her to do with all the cases if they put this out to January, 2023. Tim Bohannon said the backlog was a legitimate concern. He also thought Mr. Koenig brought up an interesting idea. He then said that while he understood Commissioner Strickland’s point, there was a provision that people were allowed to recuse and the meeting continued. He would like to see business continue. Ammie Nelson said she liked Commissioner Strickland’s idea, but there were 1 5 candidates and other people coming forward out of the woodwork. She suggested whittling the list down and then have a special meeting. Stephanie Hashimura, the current president of Republican Women Federated in town, said Commissioner Strickland made a good point but so did the Justice Court clerk. She would have to side with the Justice Clerk because the backlog was scary and stuff needed to be done. She wondered why someone could not be appointed for a two-year November 15, 2022 24. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Justice of the Peace, Department B from the following list of applicants: Leonardo F. Blundo, Williams Cams, Lillian Donohue Esg, Alexandra Fernandes, Michael Foley, Walter S. Grudzinski, William Hockstedler, Arthur Hodge Sr, Salli A. Kerr, Frank Maurizio, Nichole McPherson, Jacob Skinner, Brian A. Thelaner, Robert E. Thomas, Ill, and Dale Wysocki; or 2) Readvertise for the appointment-Cont’d. term and have it on the ballot in the next election as there were plenty of candidates to consider at this time.

Commissioner Carbone

clarified this was only a two-year term. The person appointed would have to run for the position for another two years to get the cycle straight again. Bill Cams, one of the candidates, said everybody gave good information. He suggested keeping a good timeline and possibly setting a meeting for next week. If more information was needed from the candidates the Commissioners could reach out to them. Darrell Lackey felt the Board needed to appoint someone. Pat Minshall thought the choice should be made today.

Commissioner Carbone

said Justice Sullivan had been talked to about trying to combine but he did not want to do it as he did not feel it would be effective. Leo Blundo, speaking to the motion, did not think the list could be whittled down and people prevented from applying. Mr. Koenig had a great idea, except it could not be done since the judge of that area did not want to move in that direction. There was a pressing situation at the court currently and Mr. Blundo asked the Board to move forward today. Juan Subang stated his support of Mr. Blundo. Alexendra Fernandes said she lived in Pahrump for 17 years, had been the bailiff for the Pahrump Justice Court for two years, and was a deputy with the Nye County Sheriff’s Office prior to that for 1 5+ years. Given her extensive history in law enforcement, and the knowledge and understanding that this position was 24/7 and required constant training and commitment to the community, she was ready to take the bench on Monday.

Commissioner Carbone

asked if there was an outside influence for Ms. Fernandes to do this, to which Ms. Fernandes responded no. Brian Thelaner said he was a bailiff for the Pahrump Justice Court and was medically retired as of October 13, 2022. He outlined his work history. He said he learned a lot November 15, 2022 24. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Justice of the Peace, Department B from the following list of applicants: Leonardo F. Blundo, Williams Cams, Lillian Donohue Esg, Alexandra Fernandes, Michael Foley, Walter S. Grudzinski, William Hockstedler, Arthur Hodge Sr, Salli A. Kerr, Frank Maurizio, Nichole McPherson, Jacob Skinner, Brian A. Thelaner, Robert E. Thomas, Ill, and Dale Wysocki; or 2) Readvertise for the appoi ntment-Cont’d. by working for the Pahrump Justice Court justices of the peace. He stated he knew the process and knew what it took to get the files ready.

Commissioner Carbone

asked if there was an outside influence for Mr. Thelaner to do this, to which Mr. Thelaner responded no.

Commissioner Jabbour

asked if Mr. Thelaner was involved and witness to a female being thrown to the ground in a local bar by her neck.

Mr. Thelaner

said he was involved, and he had a video, which went up to the Attorney General’s Office. The charges were discharged as it was found he had used appropriate force. He could show it to anyone who wanted to see it.

Commissioner Jabbour

understood there was no video so he would like to see that. He asked Mr. Thelaner to give it to the County Manager. As the motion on the floor was still the idea of a continuance, in the interest of efficiency Bill Cams said he did not want to go through questions and answers now and then again at a future time. He would answer questions if there were any at this point. Robert E. Thomas Ill said he was equally divided about whether to continue it or hear the applicants today until he heard about the backlog. He provided his background and said he was well tuned in to what was required. Bill Hockstedler read a paragraph from the reference letter from the Eighth Judicial District Court which he felt summarized himself. He then provided his background and said he was willing retire from his healthcare executive position and give back to the County if chosen as that was his motivation for applying.

Commissioner Carbone

asked Mr. Hockstedler if anybody asked him to take this job for any specific reason such as to use him to get to something else, to which Mr. Hockstedler responded no. Leo Blundo said when he was 23 he ran for Justice of the Peace and was asked what made him qualified. He said he had gotten every speeding ticket under the book, which made him understand that side of the process. Being on the Commission he worked through laws, NRS, and Codes so he had experience from that side of the law. He said this was an opportunity to support someone who would bring resources to the November 15, 2022 24. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Justice of the Peace, Department B from the following list of applicants: Leonardo F. Blundo, Williams Cams, Lillian Donohue Esg, Alexandra Fernandes, Michael Foley, Walter S. Grudzinski, William Hockstedler, Arthur Hodge Sr, Salli A. Kerr, Frank Maurizio, Nichole McPherson, Jacob Skinner, Brian A. Thelaner, Robert E. Thomas, Ill, and Dale Wysocki; or 2) Readvertise for the appointment-Cont’d. community, like a veterans treatment court. Mr. Blundo mentioned the backlog as well as the judicial college coming up and asked the Board to take those into the consideration.

Commissioner Carbone

asked if anybody approached Mr. Blundo to do this job because they needed him to do something for them, to which Mr. Blundo responded no. Since Mr. Blundo was a Commissioner today, Commissioner Carbone asked if Mr. Blundo not getting this position would cause him some issues.

Mr. Blundo

stated he had the wisdom, patience, and understanding to believe the Commissioners would chose who they believed was most qualified. He urged them to make that decision today as the court needed it, and Justices of the Peace Sullivan and Vitto needed a break. Lillian Donahue said she had been a practicing attorney in Nevada for over 40 years, and had been practicing in Nye for 16 years. She applied because she respected Judge Jasperson so much. He was a hero to her and everyone was treated fairly, and she would like to have that opportunity also. She said she would have time to do it now because she sold her law office this summer.

Commissioner Carbone

asked Ms. Donahue if anybody had approached her to say she needed to do this job for their interests, to which Ms. Donahue responded absolutely not. She also understood she was on call 24 hours a day.

Commissioner Carbone

asked Bill Cams if anyone had approached him and asked him to fill the position to have him as a person do something for them, to which Mr. Cams responded no. Michael Foley said he ran for this position before. He provided his background, including his appointment as a Justice of the Peace Pro Tempore in 2007. He said the justice court clerk was absolutely correct about the in-custodies and she was good at balancing the calendar. If she was having trouble with it then something needed to be done quickly as it was a violation of the people’s constitutional rights.

Commissioner Carbone

asked Mr. Foley if was being asked to do this for some specific reason so they could use him to get to something else, to which Mr. Foley responded no. November 15, 2022 24. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Justice of the Peace, Department B from the following list of applicants: Leonardo F. Blundo, Williams Cams, Lillian Donohue Esg, Alexandra Fernandes, Michael Foley, Walter S. Grudzinski, William Hockstedler, Arthur Hode Sr, Salli A. Kerr, Frank Maurizio, Nichole McPherson, Jacob Skinner, Brian A. Thelaner, Robert E. Thomas, Ill, and Dale Wysocki; or 2) Readvertise for the appointment-Cont’d.

Commissioner Jabbour

pointed out Mr. Foley mentioned he was appointed, but had not been used much recently. He asked Mr. Foley if he was eligible since the clerk stated there were no temporary judges available.

Mr. Foley

said when he was appointed in 2007 the County Commission did not put a sunset on that appointment. It just continued on to the best of his knowledge and he was available if needed.

Commissioner Carbone

said so in actuality Mr. Foley could be used right now.

Mr. Foley

said he could cover any bench in the County if necessary.

Commissioner Strickland

asked Mr. Foley if he was available and ready to work, to which he responded yes. Jacob Skinner said the last time he was here he shared some of his credentials and background which qualified him for the role, which he shared again.

Commissioner Carbone

asked Mr. Skinner if anybody asked him to take this position because they needed him to do something for them.

Mr. Skinner

stated he had not been approached in that way at all.

Commissioner Strickland

said it was brought to her attention the agenda item was either or. She withdrew her motion.

Commissioner Ccx

withdrew her second.

Commissioner Strickland

made a motion to readvertise for the appointment; seconded by Commissioner Cox.

Commissioner Carbone

asked for a time for the item to come back. MarIa Zlotek advised the Board could do the motion and then direct staff when to bring it back.

Commissioner Carbone

directed staff to bring this item back on December 20, 2022, and stated it would not be moved again.

Commissioner Strickland

said she really wanted to have the new Commissioner seated and would like direction to staff to bring it back on January 3, 2023, so there were five Commissioners involved in the process. She suggested Commissioner Carbone wait until the end of the meeting to reconsider that direction.

Commissioner Blundo

was present. FINANCE 26. For Possible Action Discussion and deliberation regarding the budget status for September 2022 for Nye County and all sub-entities for fiscal year 2023. Elizabeth Jordan from Finance provided the budget status for September, 2022, for Nye County and all sub-entities for FY2023. Everything was on target and there were currently no issues with the revenue.

Commissioner Carbone

said it did not look on target to him.

Commissioner Strickland

pointed out that 25% of the year was lapsed and less than 13% had been collected.

Ms. Jordan

explained by on target she meant on target for the forecast. The bulk of revenues collected reflect in the first and second quarters. Pages 3-6 of the report was the general fund budget status. Right now there were no issues with any departments or any other funds managed by the County. Tim Bohannon reminded the Board that on the previous month’s Treasurer’s report there was a backlog on some reconciliations. He asked if everything had gone through in this report to make sure it was clean. He then commented on various funds which could potentially end with negative balances as well as the projected ending fund balance as of September 30, 2022. November 15, 2022 NATURAL RESOURCES 27. For Possible Action Discussion and deliberation to accept the invitation to work as a Cooperating Agency with the Bureau of Land Management (BLM) during the Natural Environmental Policy Act (NEPA) process for Rhyolite Ridge Lithium-Boron Project located 65 miles southwest of Tonopah, Nevada in Esmeralda County.

Commissioner Strickland

said this would enable the County to stay in the game.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Blundo. Regarding lithium mines in Nevada, Commissioner Cox said she received a message regarding Governor Sisolak which said he was given $8.5 million to give to Chinese communist party members to build the third largest lithium mine in Nevada. She wanted someone to look into that because she was concerned about one company being used to bring in other companies that could not get through without some help.

Commissioner Carbone

pointed out the Board had heard from them on their process several times.

Commissioner Cox

clarified her question was who were they were working for.

Commissioner Carbone

said he would give Commissioner Cox all the contact information she would need.

Commissioner Carbone

asked Brett Waggoner if he was comfortable releasing this.

Mr. Waggoner

said yes and advised that Public Works had signed off on it also.

Commissioner Strickland

made a motion to approve the release of the bond at 85% back to Mountain Falls; seconded by Commissioner Cox; 5 yeas. PUBLIC WORKS

Commissioner Strickland

made a motion to accept and fund $322,000.00 to be determined by the Comptroller; seconded by Commissioner Carbone. Tim Bohannon said when this came before the public last time he thought it was a pretty good deal with decent pricing. November 15, 2022 34. For Possible Action Discussion and deliberation to: 1) 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 2) Fund $322,000.00 at the determination of the Comptroller-Cont’d.

Commissioner Blundo

made a motion to approve Task Order No. 3 to develop an airport master plan for the Beatty Airport in the amount of $439,991 .00, execute the task order, and fund $412,500.00 to 10340 Grants and fund $27,491 .00 at the determination of the Comptroller; seconded by Commissioner Strickland. Tim Bohannon wondered how the County would get payback on this.

Commissioner Strickland

said she asked that this protest be filed and was pleased Darin Tuck jumped right on it. The request came from the Southern Nevada Water Authority and Tonopah along with two others who also jumped in on it. Basically they were asking for the appropriation of water from an already over allocated basin and it would really affect the Tonopah water source. Hopefully the Division of Water Resources would deny the request.

Commissioner Strickland

made a motion to ratify; seconded by Commissioner Blundo; 5 yeas. November 15, 2022 PUBLIC PETITIONER

Commissioner Cox

made a motion to deny; seconded by Commissioner Blundo. Susan Fisher, speaking today on behalf of Phantom Fireworks, appreciated the motion to deny so quickly.

Commissioner Blundo

said the fireworks industry, year after year, legislative session after legislative session, made substantial investments in the community with jobs and a stable tax base, which was the issue. They were constantly under threat at the Legislature and he thought it was good to pump the brakes here.

Commissioner Cox

pointed out the County also did not have the population base to expand this at this time.

Commissioner Carbone

said the County asked the State for a percentage of the diesel tax and he asked Mr. Boiling to double check that.

Mr. Boiling

said he would get that in writing. As far as he knew it was a percentage of all gallons sold in the State. The GDP was expected to decline 3% to 7% in 2023, which would be 7% right off the top of their budget. The increase in the price of gasoline was because people were not buying gasoline as they were buying electric vehicles instead. He discussed his research on how the money was spent in the past to maintain the roads noting that while the diesel tax was not a whole lot of money, it would eat up quite a bit of the expected downfall.

Commissioner Carbone

pointed out the Board voted to not raise taxes without going to the people. They asked to have it put on the ballot for this election and that did not November 15, 2022 33. For Possible Action Discussion and deliberation to draft and consider adopting an ordinance to impose, for the period beginning January 2023, up to a five-cent tax on special fuel that consists of on-road diesel fuel per NRS 373.062- Cont’d. happen. He asked what changed Commissioner Blundo’s position when he did not want to vote for the five cent tax but he wanted to do it now that it did not get on the ballot.

Commissioner Blundo

said he had gotten more information since then and it should be fair across the board. He was frustrated it was not on the ballot, but the issues Mr. Boiling just shared would not go away and would actually get worse before they did.

Commissioner Jabbour

stated Mr. Boiling should not be blamed for this as he was the Assistant Director at the time. Also at the time the communities were very against this tax. They finally understood through the presentations made by former Public Works Director Tim DahI and Mr. Boiling explaining the diesel usage fuel tax, and the estimated revenue then was between $500,000.00 and $900,000.00 a year. It was a three to two vote the last time it came before Board. Commissioner Jabbour appreciated Mr. Boiling bringing this back for the Board to make a decision. If the roads deteriorated no businesses would come. He felt this was a necessary evil.

Commissioner Carbone

said he understood the positions, but he wanted the folks to make decisions on tax. He had a hard time making a judgment call on his own. Public Information Officer Arnold Knightly said he did outreach in Pahrump twice as well as in Beatty and Amargosa. The crowds were minimal as was the pushback. The Board asked for a second meeting at the Ruud Center and hardly anyone showed up. He thought it was true when people saw tax on the ballot they would not vote for it, and sometimes it just came down to the decision being made by the Board. Tim Bohannon said if a tax was going to be put on somebody their voice was needed and he believed the people needed to vote for it. Mike Fender believed in a tax on diesel for fairness, but said it should go to an election. Darrell Lackey stated good roads and highways had to be paid for. Ammie Nelson said taxation without representation was a big no-no. If the Board was going to tax the people then they had to be given a voice.

Commissioner Strickland

made a motion to draft an ordinance to impose a five cent tax beginning January, 2023; seconded by Commissioner Cox.

Commissioner Cox

stated she was not against the five cents, but she did not feel this was the time to do it. November 15, 2022 33. For Possible Action Discussion and deliberation to draft and consider adopting an ordinance to impose, for the period beginning January 2023, up to a five-cent tax on special fuel that consists of on-road diesel fuel per NRS 373.062- Cont’d.

Commissioner Blundo

asked Ms. Williams to talk about the items that were removed.

Ms. Williams

said items 29-31 ended up being separate items and she felt they could have been split into a, b, and c. The square footage of some of the lots was a lot less than what was required for a lot to be built on so she was concerned about that. It was also a water issue. There were over 300 homes being built and a lot of questions in the next six months would be raised about how much water there really was. She did not believe it was 20,000 acre feet and felt they should have to prove that to the Board. Darrell Lackey said John Koenig shook his hand as he was leaving. He did the same to

Mr. Lackey

about five years ago and told Mr. Lackey he was doing great and not to stop, so Mr. Lackey was not going to. Tim Bohannon apologized to Brett Waggoner. Last month Mr. Waggoner gave a good update of what was happening around Pahrump with the different businesses getting licensed and ready to open, and KPVM kind of spliced that and went into an update on

Mr. Bohannon’s

project so he thought Mr. Waggoner’s update lost a little bit of value. He then thanked all the Commissioners for their input and wished everyone a happy Thanksgiving.

Commissioner Strickland

said there was a public lands advisory committee in Pahrump that wanted her to ask if there was any direction for them regarding solar. She hoped everyone had a wonderful Thanksgiving.

Commissioner Jabbour

reminded everyone to protect their children, conserve their water, and spay/neuter their pets. November 15, 2022 39. Commissioners’IManager’s Comments (This item limited to announcements or topic/issues proposed for future workshops/agendas)-Cont’d.

Commissioner Strickland

said direction to staff was needed on item 24. She would like to direct them to bring that item to the first meeting in Tonopah.

Commissioner Carbone

said there was a situation and if Michael Foley did not pan out someone needed to get ready. He did not want to keep pushing this down the road. More people wanted to put applications in and he thought that was burdening the Commissioners. Maria Zlotek recommended not taking action as it was merely direction to staff.

Commissioner Strickland

wanted to direct staff to continue item 24 until January 3, 2023.

Ms. Ziotek

clarified it was not to continue but to come forward with an agenda item.

Commissioner Strickland

directed staff to come forward with an agenda item on January 3, 2023, which would be the first day of the new Commissioner’s term.

Commissioner Carbone

did not agree with the direction. Tim Sutton said the motion was made when the item was heard to re-advertise so that did not need to be included. He suggested reopening the item. Rather than reopen it, Ms. Zlotek explained the item could be brought forth again. Direction to staff could be given now, but no one who were present earlier were present now.

Commissioner Cox

asked if the Board could just set a date without a vote.

Commissioner Jabbour

thought the Chair indicated December 20, 2022.

Commissioner Strickland

said that was not part of the motion. Commissioner Carbone directed staff and she asked for him to direct staff at the end of the meeting, which was what they were doing now.

Ms. Zlotek

said it appeared that some Commissioners wanted to direct staff to bring forth an agenda item with different dates. If that was true, then staff could be directed; but according to the procedures the control of what went on each agenda belonged to the Commissioners.

Commissioner Cox

suggested putting an item on for the first meeting in Pahrump to decide the date. November 15, 2022 39. Commissioners’IManager’s Comments (This item limited to announcements or topic/issues proposed for future workshops/aqendas)-Cont’d.

Ms. Zlotek

said a special meeting was also an option.

Commissioner Carbone

wanted a special meeting to do that and said a date would be provided.

Mr. Sutton

asked if Commissioner Carbone wanted it on December 1, 2022, instead to make a decision on that date.

Commissioner Carbone

said either have it on December 1, 2022, or have a special meeting. It would be figured out.

Commissioner Carbone

adjourned the meeting. APPROVED this c day ATTEST: Of ,2023. Chair z’%4- —Nè County f// ptity I would like to ask a re-consideration for a CDBG grant for a digital marquee in Amargosa Valley. We were denied, from what I understand, because the focus is not on “infrastructure”, projects. To me lighting and resurfacing in lan Deutch park is infrastructure. Gabb’s runway rehab and public shooting range are infrastructure, yet these were passed. While the physical marquee is infrastructure, what it brings to the community is the communication that needs tobestressed. coL \\\ Money has been allocated for “Pahrump Tourism” for a website rebuild and a grant for media and print promotion. These seem like “communication tools. We receive all emails from Carrie in the Beatty town office and Jennifer in the Tonopah town office. ATTACHMENT I Any happenings in those communities go into our newsletter if the timing is right. Beatty Days in our October newsletter. Our November newsletter posted the Christmas craft fare and the Turkey shoot in Beatty. c c a Information from Arnold Knightly like county job openings and planned solar projects and hearings. All these could be put on our digital marquee, the only way for them to reach most of our community. ç2 ct - Oo--ui\ Last Wednesday, Carrie in Beatty sent us a program announcement of a “Native American Flute Presentation” to be held tomorrow. With a digital marquee this could have been immediately posted. It is my understanding that we pay the highest taxes in Nye County yet our community runs on 1-2 million dollars less than Beatty and Tonopah. I hope our application for a digital marquee can be reconsidered. ct