Public meetings / Board of County Commissioners
March 7, 2023
76 turns, 76 with a named speaker, under 10 agenda items. The words and the names are the county clerk's.
3. Commissioners’IManager’s Comments (This item limited to announcements or
Commissioner Cox
said SB9O was on Twitter and they were asking people to support their efforts.
Commissioner Carbone
commented there were several other bills that needed to be watched closely.
Commissioner Jabbour
referred to the plane accident a week and a half ago. Today the Governor sent out the executive order for all flags to be at half-mast in memory of those on board. Charlie Watson was part of the Tonopah community, and his son Ryan Watson was the paramedic on that plane. Samantha Tackett spoke to the GIS Google mapping issue. IT Director Brad Adams had worked with the District Attorney’s Office to get the issues taken care of and an agenda item would be brought forward on March 21, 2023, to consider the contract.
10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation
Commissioner Strickland
asked if he planned to use the horse arena at all. March 7, 2023 10. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to issue an Outdoor Festival License to Louis Baker for the Iron Horse Stampede to be held May 19 through 21, 2023, at Petrack Park located at 150 N. Highway 160, Pahrump, NV-Cont’d.
Mr. Baker
said he applied for the arena, but if he did not get the arena he had other alternatives.
Commissioner Strickland
felt he should have gone to that advisory board first.
Commissioner Boskovich
asked if there were any issues or concerns with security.
Mr. Baker
said he covered all of that with Planning and he had security and liability insurance.
Commissioner Jabbour
noted the event anticipated approximately 1,500 attendees. He asked Mr. Baker if he planned on having food, music, etc., besides the car and motorcycle show.
Mr. Baker
said there would be all kinds of vendors.
Commissioner Jabbour
said he would not ride his Harley Davidson in the dirt in the arena. He understood that was what one of the events would be.
Mr. Baker
said that depended on what the arena thought, but they did a lot of events like motocross and off-road vehicles.
Commissioner Strickland
stated if Mr. Baker used the arena for three hours, those who used the arena every day would be displaced. She was concerned with how to coordinate everything as Mr. Baker had not gone to the arena board yet.
Commissioner Jabbour
opened the public hearing. James Petell thought the event was a great idea. Planning Director Brett Waggoner wondered how the liability insurance amount was determined, especially with this activity in the arena, which sounded fun but also potentially dangerous.
Commissioner Strickland
advised there was a provision in the application for the arena that they had to pay for damages. Jimmy Martinez from Pahrump Buildings and Grounds was concerned about parking as there were two other events going on that weekend, a craft show and the PAWS group, which was just recently bumped for the monster truck event and they were concerned they would be bumped every time. It was also the time the school sport events started. March 7, 2023 10. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to issue an Outdoor Festival License to Louis Baker for the Iron Horse Stampede to be held May 19 through 21, 2023, at Petrack Park located at 150 N. Highway 160, Pahrump, NV-Cont’d. Additionally, the arena would have to be prepared for the PAWS event the next day if they did motorcycle polo.
Commissioner Jabbour
asked if the sports events needed to be bumped if there was another location for them.
Mr. Martinez
said some of the groups could be moved, but the adult softball may end up cancelling and rescheduling. Ammie Nelson wondered how many motorcycles were expected in the arena. Donna Jokinen felt there were gong to be problems with motorcycles on the dirt. She suggested changing the location to the speedway as it would not be safe in the arena Gina Meredith felt Petrack Park would not work for this event and it should be at Ian Deutch Park.
Commissioner Jabbour
closed the public hearing.
Mr. Baker
said he understood the concerns about liability, but he covered that.
Commissioner Carbone
pointed out Sturgis had other events besides motorcycle activities. He asked Mr. Baker if he planned on having burnouts and things like that.
Commissioner Carbone
wanted to make sure some type of protocol was being followed and he would like to see them.
Mr. Baker
said he would provide them.
Commissioner Cox
said there was only one arena and this could not be moved to another park if someone needed the arena. She also did not think the liability with this event was any different than horse or monster truck events. She asked Mr. Baker if he could move the event to another weekend.
Mr. Baker
said no because Nevada Memorial day was May 20, 2023, and this was geared specifically to accommodate that. He was willing to work around the other events at the arena.
Commissioner Cox
saw no reason to not support this. March 7, 2023 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to issue an Outdoor Festival License to Louis Baker for the Iron Horse Stampede to be held May 19 through 21, 2023, at Petrack Park located at 150 N. Highway 160, Pahrump, NV-Cont’d.
Commissioner Strickland
made a motion to approve the outdoor festival license for the Iron Horse Stampede to be held May 19-21, 2023, conditioned upon the approval for the arena use by the arena committee and with restrictions to be approved by Mr. Martinez on what would be in the park, and the event would only be on field A; seconded by
Commissioner Strickland
said the arena committee was meeting on March 16, 2023, and
Mr. Baker
could get on that agenda to work on the details.
Commissioner Cox
wondered why the Board was hearing this if it had not received a recommendation from the arena board.
Commissioner Strickland
explained it did not state the arena in the description of events which was why she drilled down to what exactly the applicant needed.
Commissioner Cox
did not think the decision should lay with the arena committee. The Board was the decision maker and if the Board approved it she did not want them to not approve it.
Commissioner Strickland
pointed out the PAWS group had already been displaced once and they had an obligation to put on monthly events. If they could not work with the arena then she would have to re-do her motion that they would not be able to use the arena at all. She would like them to try.
Commissioner Cox
stated the advisory board needed to be taken out of the decision and if the vote was for approval it would go back to arena board to work out the details.
Commissioner Jabbour
noted Mr. Baker mentioned he had already been speaking with the committee and he was willing to work with them. He felt it would be worked out and he did not think it would be denied. Brian Kunzi said he had concerns about the lack of any conditions or details in the contract and he did not know what was being voted on. He was also concerned about what liability coverage and bonding would be required. He stated this item did not go through legal review and an actual user agreement needed to be developed to resolve the issues and brought back to the Board for final approval. Mr. Kunzi felt the Board was almost giving Mr. Baker carte blanche to use the park any way he wanted to.
Mr. Baker
explained he did not go to the arena committee because if he did not get the approval from the Board there would be no reason to talk to them. March 7, 2023 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to issue an Outdoor Festival License to Louis Baker for the Iron Horse Stampede to be held May 19 through 21, 2023, at Petrack Park located at 150 N. Highway 160, Pahrump, NV-Cont’d.
Commissioner Strickland
withdrew her motion; Commissioner Boskovich withdrew his second.
Commissioner Jabbour
asked Mr. Baker if he had enough to put great details together as back-up as requested by the District Attorney so this could be put on the March 21, 2023, agenda.
Mr. Baker
said he would do whatever was necessary and would go to the arena committee meeting. Tim Sutton said since this was set for a public hearing he would rather have it continued.
Commissioner Strickland
made a motion to continue this item to 10:00 a.m. on March 21, 2023; seconded by Commissioner Boskovich; 5 yeas.
11. 10:00 a.m. Presentation by Diane Arvizo with Nevada Rural Housing
Commissioner Carbone
said he noticed the 721 credit score and asked if anyone had lower than that or if that was the criteria.
Ms. Arvizo
said the minimum to qualify was 640.
Commissioner Cox
asked if the interest rate was based on the credit scores.
Ms. Arvizo
said Fannie Mae and Freddie Mac recently announced loan level price adjustments where it would cost certain homebuyers more based on certain risk factors of the loan. None of NRHA’s homeownership programs had low level price adjustments because of the arrangements and agreements they had in place with Fannie Mae and Freddie Mac. There were no hits to the interest rates for any of their borrowers.
Commissioner Jabbour
asked where in the County the recipients resided.
Ms. Arvizo
said Pahrump. She then asked that information about the program be posted on the Nye County Web site. March 7, 2023 SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS
Commissioner Carbone
assumed the Chair of the Board of Highway Commissioners.
12. For Possible Action Discussion and deliberation regarding the General Road
Commissioner Cox
said the area on Unicorn and Gamebird had gotten atrocious and thought it needed to be dug out and replaced. She had an issue with the new pavement on Pahrump Valley Boulevard. There was no center white line to give guidance in the dark, although there were yellow tags in some places. She had heard people were driving really fast on that road so she thought speed control was needed.
Commissioner Carbone
mentioned the part of Blosser Ranch between David and Leslie which was also falling apart. Regarding street sweeping, he said he had several phone calls from people complaining about that not being done any longer. He also got a call from someone on Murphy and Ram about glass on the road and the people had to drive through it. If anyone had an issue they should call Public Works. Commissioner Carbone then reminded everyone in 2024 the fuel tax question would be on the ballot which would help maintain the roads if it passed. James Petell said Blosser Ranch was terrible and suggested Mr. BoIling have one of his staff drive every road in Pahrump along with the other areas. He stated he would not pay the County a nickel since it had $50 million. The major potholes on the side roads needed to be fixed as those were costing people money to repair the damage caused to their vehicles. Erika Gerling asked Mr. Boiling if he had finished the assessment for Beatty and if he would give a report to the town.
Mr. BoIling
said he would call Ms. Gerling to discuss it. Ammie Nelson said there was a huge pothole forming at the Charleston and Barney four way stop that could not be avoided. She asked that something be done about it.
Commissioner Jabbour
assumed the Chair of the Board of County Commissioners. March 7, 2023 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP
13. For Possible Action Discussion and deliberation to: 1) Ratify Town of
Commissioner Strickland
made a motion to ratify in the amount of $2,500.00 and fund from 10340 Grants; seconded by Commissioner Carbone; 5 yeas. NATURAL RESOURCES
20. For Possible Action Discussion and deliberation to enter into the
Commissioner Strickland
made a motion to approve as written; seconded by
Commissioner Carbone
. Ammie Nelson said she had been researching lithium mines and found out it took 500,000 gallons of water to mine one pound of lithium. She did not know if anyone had addressed the water and the residue that would remain that would contaminate the soil and the groundwater. Megan Labadie from the Natural Resources Department explained this was in Esmeralda County and would not affect the waters of Nye.
Commissioner Cox
added this was strictly asking for a place at the table to express concerns and did not mean in any way that the Board was approving anything today regarding lithium mines or solar panels.
Commissioner Strickland
made a motion to approve items 14-15; seconded by
Commissioner Boskovich
; 5 yeas. 15. For Possible Action Approval to: 1) Accept a Notice of SubAward for Supplemental monies from the Community Services Block Grant (CSBG) for Fiscal Year 2023 in the amount of $8,034.00, to provide assistance to very low to low income populations, along with Assurances. There is no County match required; 2) Execute the SubAward; and 3) Fund to 10340 Grants.
Commissioner Strickland
made a motion to approve items 14-15; seconded by
Commissioner Boskovich
; 5 yeas. March 7, 2023 16. For Possible Action Approval of a Restrictive Covenant Running with the Land agreement between Nye County and The Wallin Family Trust for the property located at 3860 South Homestead Road, Pahrump, NV, Assessor’s Parcel Number 041 -222-31 for the purpose of future road improvements to be paid for by the property owner. PUBLIC WORKS
25. For Possible Action Discussion and deliberation to accept an offer of
Commissioner Strickland
made a motion to approve items 16 and 24-25 as written; seconded by Commissioner Boskovich. Tom Boiling explained a merger-resub was done for the three parcels. They put their tank on the original parcel built in the middle years ago and the fencing out on the 20 feet the County was asking for them to dedicate. When they did the parcel to the south the County asked for a right-of-way, which they gave. Now they were doing a parcel to the north of the original parcel, and did a merger-resub to make all parcels one item. On the new parcel included in the merger-resub they would not build on that 20 feet so the problems were the tank and fencing. They were not currently being asked to remove that, but whenever it came time to widen the road they would have to move everything. Ammie Nelson was concerned if the highway department was going to spend money to do all of this work or if the Wallin Family Trust would. She did not support the item if the County was going to pay for it.
Commissioner Strickland
noted item 16 stated future road improvements to be paid for by the property owner.
Commissioner Carbone
made a motion to approve the support letter for the Town of Tonopah; seconded by Commissioner Strickland; 5 yeas. CLERK 18. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Beatty Library District due to an expiring term from the following list of applicants: Charles Lix; andlor 2) Readvertise for the appointment.
Commissioner Carbone
made a motion to appoint Charles Lix for an expiring term ending January, 2027; seconded by Commissioner Strickland; 5 yeas. DISTRICT ATTORNEY 19. For Possible Action Discussion and deliberation to accept or reject a “Subdivision Participation Form” and release regarding opioid defendant Walmart pursuant to the One Nevada Agreement on Allocation of Opioid Recoveries (“One Nevada Agreement”) which itself was previously agreed to by this Commission for participation in a settlement with the State of Nevada and opioids retailer defendant Walmart as listed in Exhibit C to the One Nevada Agreement.
Commissioner Strickland
made a motion to accept as written; seconded by
Commissioner Boskovich
. Brian Kunzi explained this would provide the County the capability to request funds. He recommended the County participate. Ammie Nelson said the flow chart for Walmart’s payment looked like subdivision funds would be 15% of a multi-million dollar settlement. She wondered if Walmart was closing a bunch of stores around the country due to the settlements.
Commissioner Strickland
made a motion to approve items 21 and 23 as written and execute the agreements; seconded by Commissioner Carbone. Ammie Nelson cautioned the Board about these people coming in asking for changes to the original contract. Brian Kunzi explained this was a novation agreement, which only changed the parties to the original agreement, not any of the terms or conditions. Contracts and Grants Manager Stephani Elliott added this was a merger, not an acquisition, so partners from HELM would join Wilson and Company.
Commissioner Strickland
made a motion to set the time and date as March 21, 2023 at 10:00 a.m. in Pahrump; seconded by Commissioner Carbone; 5 yeas. March 7, 2023
26. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.)
Commissioner Jabbour
said this was brought up last year at a meeting and it was clarified then and he hoped he had the same answer now. He said something was brought up regarding Chief Lewis transporting his wife and daughter in a County emergency vehicle for cause. Commissioner Jabbour asked Chief Lewis if his daughter was still in the cadet volunteer program and his wife was still a volunteer, which would qualify them to ride in the County vehicle. Chief Lewis said they still were. Ammie Nelson thanked the Commissioners and the District Attorney for taking time to explain some of the items.
27. Commissioners’IManager’s Comments (This item limited to announcements or
Commissioner Cox
asked if the dirt piles in Mountain Falls were on property belonging to Mountain Falls. March 7, 2023 27. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshops/aqendas)-Cont’d. Maryan Hollis said yes, at the intersection of Jacksboro and the Mountain Falls property, and according to the HOA’s newsletter they filed a complaint with the dust control section of the RPC. Brett Waggoner said he had not seen a complaint submitted by the HOA, but just with the comments brought up it was certainly something they would look into. He would call the developer after the meeting to get it addressed.
Commissioner Carbone
asked for a copy of the newsletter so he could give it to Mr. Waggoner.
Commissioner Cox
asked Ms. Hollis to reach out to the HOA to get a copy of the complaint they submitted.
Mr. Waggoner
noted the developer of Mountain Falls had the majority of the votes so it was odd to him that the HOA would rely on Nye County to address a problem.
Commissioner Carbone
said there was a large discussion today on the motorcycle activity. There had been a discussion once before with a balloon fest problem and needing different parks. He wanted it figured out why the problems were occurring and the Commissioners who were liaisons needed to be involved.
Commissioner Jabbour
reminded everyone to protect family and friends, conserve water, and spay/neuter pets. Regarding the discussion about the horses today, Public Information Officer Arnold Knightly said there was a situation outside Pahrump chambers right now. There was a horse family and people were getting close. He witnessed them dumping a bucket at the feet of the horses. Mr. Knightly reminded everyone it was illegal to feed wild animals and they would probably have to be removed from the area as they had gotten friendly with people.
Commissioner Cox
directed staff to put signs up stating to not feed or pet the horses as the public was against removing any of them.
Commissioner Jabbour
described an incident he had with two horses fighting outside of his office in Pahrump. Brett Waggoner thanked Erika Gerling for her thanks as well as accommodating him to do the workshop. It was well attended with a lot of input. He would do the same in Tonopah tomorrow evening at 5:00 p.m. He had a request in with Amargosa, but he had not been able to schedule that yet. _____________day March 7, 2023
28. ADJOURN
Commissioner Jabbour
adjourned the meeting. APPROVED this ATTEST: Of , 2023. nøput