March 21, 2023

Commissioner Cox

asked Planning Director Brett Waggoner to address John O’Brien’s comments.

Mr. Waggoner

said a complaint was submitted through the on-line system and the complainant would receive notifications via e-mail of any actions Code Compliance was taking. The issue was being addressed. March 21, 2023 3. Commissioners’IManager’s Comments (This item limited to announcements or topic/issues proposed for future workshops/age ndas)-Cont’d.

Commissioner Cox

said a citizen turned in a request for the wild horse and burro issues and asked for the status of that. Samantha Tackett said she had been working with Priscilla Lane. She submitted the request for review to the Chair as well as the County Manager and was advised

Commissioner Cox

had brought forward the same ordinance. The plan was for Ms. Lane to forego her request and maintain Commissioner Cox’s request as they were the same. She was not sure where it was in the process.

Commissioner Strickland

said an item would be on the next meeting’s agenda.

Commissioner Carbone

talked about how people on Facebook, etc., took the liberty to say things about the Commissioners, such as they were taking bribes under the table. He said if anyone had proof they should bring it forward, and if they did not have proof they needed to stop posting those things.

Commissioner Boskovich

advised he directed Mr. Waggoner to bring an item to the Board to prohibit commercial solar projects within the Pahrump town lines. The reason he did not request it County-wide was because he wanted to hear from the other townships. He asked for an update on that.

Mr. Waggoner

said a draft was being worked on. If it was not already with the District Attorney it would be in the next couple of days. After review and approval he would bring it forward hopefully on the April 4, 2023, agenda to set the public hearing.

Commissioner Strickland

said she had an idea to restrict SUPs to Valley Electric for their substations because then the County would be in total control. If the substation did not get built then solar would not be built.

Mr. Waggoner

said he had been thinking about that and it would be Gridliance as well.

Commissioner Strickland

advised Saturday’s rough rider events would be cancelled due to flooding.

Commissioner Jabbour

asked for the schedule for the solar workshops.

Mr. Waggoner

said at this point he attended a workshop in Beatty last month. On March 8, 2023, he attended a workshop with the Tonopah Town Board. This Thursday he would be in Amargosa. He then advised he learned of a solar application submitted for the very northern part of Nye County at the Lander County border, so he would reach out to Yomba to see if he could meet with them as well. Mr. Waggoner then provided a report on the commercial activity in town as well as an update on the Code Enforcement cases. March 21, 2023 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. Assessor Sheree Stringer advised the Board of an incident in Amargosa. One of her appraisers went out and picked up a new home and while talking to the homeowner he stated someone from Nye County had already appraised his home. Mrs. Stringer told everyone to ask to see a card if someone claimed they were an appraiser.

Commissioner Boskovich

made a motion to approve; seconded by Commissioner Strickland. Lorina Dellinger said items 5 and 23 could be removed from the agenda.

Commissioner Cox

said there was supposed to be a marijuana tax. She asked if the County was getting that and where it was shown on the report.

Ms. Powers

believed the County was still collecting those, but that was handled by the Planning Department. The Treasurer’s Office just reviewed those. Liz Jordan explained the revenues collected were deposited into the general fund and it was shown on the Finance Office’s report.

Commissioner Cox

asked about the jail bond and who it belonged to.

Ms. Jordan

said that was paid out of the debt service fund. Part of it was seen on the Treasurer’s report, but it would also be on the Finance report. March 21, 2023 6. 10:00 a.m. For Possible Action Discussion and deliberation regarding the — — monthly statement of county treasurer pursuant to NRS 354.280 including receipts, balances in funds, money on deposit, outstanding checks, and cash on hand-Cont’d.

Commissioner Jabbour

said he appreciated the explanation. He asked how long it would take to be put into Eden so there was a more accurate number.

Ms. Powers

explained there would always be items backdated for revenue recognition. Following up on the Eden comment, Tim Bohannon said the only thing that concerned him were items from August 19, 2022, and how they had aged. There were minor differences in deposits and he hoped at some point in time those would be taken off and balances adjusted.

Commissioner Carbone

made a motion to accept the current reconciliation; seconded by

Commissioner Strickland

; 5 yeas. TREASURER

Commissioner Strickland

made a motion to accept the presentation and approve the return of sale; seconded by Commissioner Boskovich; 5 yeas. TIMED ITEMS 7. 10:00 am. For Possible Action Continued 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.

Commissioner Strickland

pointed out the additional back-up showed an application for 500 spectators and said she understood an application was not necessary with that number. March 21, 2023 7. 10:00 am. For Possible Action Continued 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. Jimmy Martinez from Pahrump Buildings and Grounds said that was correct, but the application kept changing. In his opinion it should not move forward due to the additional activities presented in the additional back-up which had increased the size and could cause shutdown of the road. Louis Baker said it was originally 500, but upon advice of the park he had to go to 1,500 because he would charge admission. There had been a lot of delays and difficulty with him being able to contact the proper authorities. He said he was going by the guidelines as best he could, but he thought he had been pushed too hard by the park. They changed the original application from 500 to 1,500 and by the time he got through trying to re-submit it was too late. Mr. Baker explained he could not get the arena on May 19- 21, 2023, so he made it two events.

Commissioner Carbone

confirmed with Mr. Baker the dates for this item were May 19- 21, 2023.

Commissioner Boskovich

said he was all for tourism and bringing new things to Pahrurnp and Nye, but he believed growth and things like that should pay for themselves. When an event like this required extra law enforcement he thought those fees and costs should not be a burden on the taxpayer but rather covered by the event promoter. He felt like this plan was a dumpster fire in the works.

Mr. Baker

referred to the motorcycle event in town last week where there were 200 or 300 people. That was the type of group he was trying to attract and this would allow them to promote the arena event.

Commissioner Cox

thought it would be easier for Mr. Baker to do this if he had a couple of people working with him. She asked if he had met with law enforcement.

Mr. Baker

said no. He could, but he was running out of time. He was also not charging a fee because the town was requiring him to put up a fence to do that at a cost of $32,000.00.

Mr. Martinez

explained that if Mr. Baker was charging a fee the suggestion was to put a temporary fence up.

Commissioner Jabbour

said there was a checklist that the applicants had to follow so they met with the appropriate agencies.

Commissioner Cox

did not believe Mr. Baker should be carrying it, She thought it just went from department to department. March 21, 2023 7. 10:00 a.m. For Possible Action Continued 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. Lorina Dellinger said making it mandatory for the applicant to do that had been considered, but it was not adopted. Right now there was just an application distributed to the officials with no requirement for a report back on what the applicant had to do.

Commissioner Strickland

said she met with Mr. Baker on Saturday, and had also spoken to event promoters directly. It took a great deal of time to put on an event like this and there was not enough time at this point. Kelli Sater advised Mr. Baker asked her to bring her mobile bar to the event, but if it was approved today she would have to pull out as two months was not enough time for her. Tim Bohannon also thought two months was not enough planning time.

Commissioner Strickland

reiterated Mr. Baker did not need Board approval as he planned on 500 instead of 1,500.

Commissioner Strickland

made a motion to not allow this applicant to move forward with the application in the back-up; seconded by Commissioner Boskovich.

Mr. Martinez

was concerned if Mr. Baker went over 500 the Sheriff would have to shut it down and ruin the event. It would be hard to cap it at 500 and he felt that would still be an issue. Courtney Kenney from Pahrump Buildings and Grounds said she had been working with

Mr. Baker

since October, 2022, on this event. Town staff had requested information from him and weeks had gone by without receiving the information. When applicants requested the whole park town staff asked them to go through this application process because of the amount of people it could hold. There were many areas in Petrack Park that he could not control without a fence. Ms. Kenney also had concerns about family friendly events.

Mr. Baker

stated he could not afford the fencing so he got approval for overnight camping at the location.

Commissioner Jabbour

explained to Mr. Baker the motion on the floor was to deny the 1,500 application and the Board had to go through it because this was continued from the last meeting. He asked Mr. Baker go and see the Sheriff, EMS, the fire chief, and anyone involved who would help him make this event a success. Commissioner Jabbour had one problem though. Mr. Baker was promoting a family friendly event, but he was bringing a stripper pole into a public park. March 21, 2023 7. 10:00 a.m. For Possible Action Continued 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 was not doing that, the vendor was, but he could take that out.

Commissioner Jabbour

opened and closed the public hearing.

Commissioner Carbone

made a motion to accept; seconded by Commissioner Strickland; 5 yeas. 9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2022-12: A Bill proposing to amend Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, by amending Chapter 17.04 entitled Pah rump Regional Planning District, relating to Section 17.04.805 Mobile Food Vending; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto. Brett Waggoner said this was before the Board in January, 2023. The desire at that point was to continue it to this date to allow Planning to do some outreach to all licensed mobile food vendors. One response was received from a vendor and they had no problem with it. This was just bringing the County Code in line with the NRS.

Commissioner Strickland

pointed out item 5 stated no one could remain more than four hours. It also stated if restrooms were not available they could only stay at a location for one hour. She was unsure why that was a necessity on the restrooms.

Mr. Waggoner

explained that was State law.

Commissioner Cox

said the NRS was not cited anywhere so the Board could not read it ahead of time. It said a mobile unit must not operate from a specific fixed location for more than four hours unless approved by the Town of Pahrump or Nye County so the March 21, 2023 9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2022-12-Cont’d. Board could extend that four hours. She thought four hours was a short time and wondered why there were time limits. She also wondered why special events were treated differently. As to item 1, which stated if restrooms were not available to employees a mobile food unit may not be parked for more than one hour, Commissioner Cox thought that should not be in it either as an employee could leave to go use a restroom.

Mr. Waggoner

explained it was changed for situations like a balloon festival or harvest festival. If it was not part of a special event then this had to be abided by, and he had to abide by State law, which was exactly what he was doing with this item.

Commissioner Cox

felt the Board could override the NRS as they were suggestions, not laws. Brian Kunzi advised violating statute was a criminal violation and the Commissioners could be prosecuted for doing that. He strongly recommended that the Commissioners not take that position.

Commissioner Cox

said she could not support this item as it was written.

Commissioner Jabbour

opened the public hearing. Ammie Nelson did not think the food vendors were in the realm of black and white statutes. She agreed the local vendors who made their living should have some leniency, but she pointed out that on special events there were more vendors from out of the County because of the expense of the permits. Linda Clark said the vendors may run out of food before 12 hours. As to the restrooms, a lot of places were not allowing people to use their restrooms. Shawn Holmes said he owned two restaurants and suggested the Board consider the health codes as to how long they could store the food, keep food cold for 12 hours, etc.

Commissioner Jabbour

closed the public hearing.

Commissioner Carbone

made a motion to adopt Bill No. 2022-12; seconded by

Commissioner Carbone

amended his motion to add a comma and adopt Bill No. 2022- 12; Commissioner Boskovich amended his second; 5 yeas. March 21, 2023 SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff McGill

assumed the Chair of the Licensing and Liquor Board. GAMING 13. For Possible Action Discussion and deliberation to approve a Gaming License for Best Bet Products, Inc. for a gaming slot route located at Coyote Corner, 4960 E. Manse, Pahrump, NV. Shawn Holmes and Louis Sposato, Applicants.

Sheriff McGill

explained this was an application to allow for a gaming license for the operation, maintenance, and servicing of slot machines operating at the new Coyote Corner at Manse and Clubhouse. Shawn Holmes, owner and president of Best Bet Products, said they would operate the slot machines in that store.

Commissioner Boskovich

made a motion to approve the gaming license for Best Bet Products; seconded by Commissioner Carbone; 6 yeas. LIQUOR 14. For Possible Action Discussion and deliberation to approve a Retail Liquor License business name change from The Bearded Lady Saloon, LLC. dba The Bearded Lady to The Lady, LLC. dba The Lady World Famous Watering Hole located at 1330 Fifth Street, Suite B, Pahrump, NV. Kelli Sater, OwnerlApplicant.

Sheriff McGill

said this was simply a name change, not an operational change of any kind, which Kelli Sater confirmed.

Commissioner Jabbour

made a motion to approve as written; seconded by

Commissioner Carbone

; 6 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Jabbour

assumed the Chair of the Board of County Commissioners. March 21, 2023 SHERIFF 25. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reiect Contract No. FA8240-22-PROO9 with the United States Department of the Air Force, Directorate of Contracting for the purposes of Nye County providing law enforcement services in the amount of $195,543.59 to the National Test and Training Range (NTTR) Security Forces; 2) Execute the Contract; and 3) Fund to 10340 Grants.

Sheriff McGill

said the Sheriff’s Office had been operating under this contract for several years with the Air Force. The contract provided for payment from the Air Force to the County for the Sheriff’s Office to provide rolling security patrols and law enforcement services around the Test Range and in Tonopah.

Commissioner Carbone

made a motion to approve the contract, execute, and fund to 10340 Grants; seconded by Commissioner Strickland; 5 yeas. TIMED ITEMS 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on ETSU-23-1: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation) located at 2600 W. Nevada State Highway 372, Pahrump, NV. Assessor’s Parcel Number 036-461 -13. Happy Cabbage, LLC. I John Harp Property Owner I Applicant. John Harp said they were asking for an SUP for Happy Cabbage, LLC. This was not a new license as they were acquiring a license suspended in July, 2019, from Green Cross of America. They were through the court system and receivership, and the next step would be to get the transfer of interest from the compliance board. They retained CivilWise as their site development entity, and anybody they would put on the project would be a business from Nye County.

Commissioner Cox

asked if there were plans for the rest of the land.

Mr. Harp

said they located the facility as far away from the road as possible. As to the frontage road, he thought at some point they might be willing to do some future development, but that was not what he was asking for right now.

Commissioner Boskovich

asked if they had any other cannabis establishments, to which

Commissioner Boskovich

said he heard comments from the public that they felt more pot shops were not needed in the County. Also, the tax the County charged was less than what was charged in Clark, which was a draw for facilities to be here. He was also concerned with wellhead protection. March 21, 2023 10. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — on ETSU-23-1: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation) located at 2600 W. Nevada State Highway 372, Pahrump, NV. Assessor’s Parcel Number 036-461 -1 3. Happy Cabbage, LLC. I John Harp Property Owner I Applicant-Cont’d.

Mr. Harp

said Green Cross of America’s license was in Nye County, so they were not adding to what the County already had. As far as what they would do with the drainage and the water, CivilWise would present how they would manage the water and it would meet Code.

Commissioner Boskovich

mentioned the complaints about the smell.

Mr. Harp

pointed out there was no one out there that would smell it, and they would use filters.

Commissioner Carbone

said regardless of where Mr. Harp’s facility was located, the Commissioners did not want the smell. His biggest concern with the property being discussed was it was not on a utility system.

Commissioner Jabbour

said one of the biggest issues was the smell and asked Mr. Harp to be aware that while no one was in the area now Pahrump was growing rapidly.

Mr. Harp

confirmed he agreed to the conditions of approval.

Commissioner Cox

advised Mr. Harp that the Sheriff would do something about the odor if he did not. Brett Waggoner agreed smell was a big concern. Code Compliance now looked at the maintenance logs to ensure filters were changed. Another concern when not in a utility area was fire protection.

Commissioner Jabbour

opened the public hearing. Helene Williams, chair of the Nye County Water District (NCWD), asked that the Board direct these types of concerns to them prior to coming before the Commission so they had information the district discovered. None of these had ever been on their agendas for solar or cannabis. On a personal note, Ms. Williams stated she lived in the area and did not want to smell it. As to the justification letter, Maryan Hollis said she did not see a letterhead or signature on it and wondered what the tourism and local business piece was. They claimed to be a small operation, but stated they would grow, and she wondered what that meant. She also did find any reference to the water use, and did not believe the existing dispensaries in Pahrump could absorb the amount of cannabis produced yearly so the taxable income could be minimal as the marijuana would go out of the County and out of the State. Ms. March 21, 2023 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on ETSU-23-1: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation) located at 2600 W. Nevada State Highway 372, Pahrump, NV. Assessor’s Parcel Number 036-461 -1 3. Happy Cabbage, LLC. I John Harp Property Owner I Applicant-Cont’d. Hollis was happy to hear this would go to the NCWD. In general she felt in the short time she had been in Pahrump she had seen three businesses come in and propose issues the people of Pahrump did not want. In her opinion Pah rump was not a dump for the dope that this would produce. Linda Clark agreed with Ms. Hollis. She did not know what Pahrump was turning into and what the Commissioners’ vision of it was, but she did not think the majority of the residents wanted this. She said the town needed other things, not more pot lounges and cannabis farms. Ammie Nelson thought a lot of people were confused about hemp and marijuana as they smelled the same. Eddie Jim thought there were enough of these facilities in town and more were not needed. Bill Cookston from CivilWise said they were working directly with the applicant to come up with the proper plans.

Commissioner Jabbour

closed the public hearing.

Commissioner Jabbour

asked for the projected water usage of the remaining acreage.

Mr. Harp

said it was about 8,000 gallons per day.

Commissioner Strickland

noted that was equivalent to two households.

Mr. Harp

pointed out this was a cultivation license so fire protection was not needed.

Commissioner Carbone

explained fire protection was required because of the size of the facility.

Commissioner Boskovich

asked why Nye County.

Mr. Harp

said he was from a small town in Montana and he liked everything Nye County stood for. Also, the Cannabis Compliance Board stated this license had to be in Nye.

Commissioner Carbone

asked Mr. Harp to get on the NCWD’s agenda to get an estimate on water. March 21, 2023 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on ETSU-23-1: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation) located at 2600 W. Nevada State Highway 372, Pahrump, NV. Assessor’s Parcel Number 036-461-1 3. Happy Cabbage, LLC. I John Harp Property Owner I Applicant-Cont’d.

Commissioner Cox

asked if they would recycle water. Chad Harp explained all of the runoff was collected into 55 gallon drums and re purposed for other reasons. None of it would go into the earth.

Commissioner Boskovich

said his concern was at what point was enough enough.

Commissioner Jabbour

pointed out this was the only license available.

Commissioner Cox

made a motion to approve as it was with the SUP and the special conditions attached to the entire business; seconded by Commissioner Strickland; 3 yeas. Commissioners Carbone and Boskovich voted nay. CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 16. For Possible Action Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens.

Commissioner Boskovich

made a motion to approve items 16-22; seconded by

Commissioner Strickland

; 5 yeas. 17. For Possible Action Approval of the meeting minutes from the ioint meetings on November 1, November 15, and November 18, 2022.

Commissioner Boskovich

made a motion to approve items 16-22; seconded by

Commissioner Strickland

; 5 yeas. 18. For Possible Action Approval to: 1) Accept the U.S. Department of Housing and Urban Development (HUD) Economic Development Initiative, Community Project Funding (EDI-CPF) Grant Award in the amount of $1,000,000.00 to provide funding for the construction of the Tonopah Child Development Center. There is no match required; 2) Execute the grant award; and 3) Fund to 10340 Grants.

Commissioner Boskovich

made a motion to approve items 16-22; seconded by

Commissioner Strickland

; 5 yeas. March 21, 2023 19. For Possible Action Approval to: 1) Accept the United States Department of Justice Drug Enforcement Administration’s (DEA’s) Domestic Cannabis EradicationlSuppression Program (DCEISP) Agreement Number 2023-83 in the amount of $35,000.00 for the period of October 1, 2022 to September 30, 2023 to defray costs relating to the eradication and suppression of illicit cannabis. There is no County Match required; 2) Execute the agreement; and 3) Fund to 10340 Grants.

Commissioner Boskovich

made a motion to approve items 16-22; seconded by

Commissioner Strickland

; 5 yeas. 20. For Possible Action Approval to: 1) Accept the Notice of SubAward budget adjustments for the Nevada State Immunization Program Grant through the State of Nevada Department of Health and Human Services, the requested budget adjustment is to allow for travel expenses and consulting for the purpose of implementing COVID-19 vaccination services. There is no County match required, the award amount is unchanged; and 2) Execute the adjusted SubAward agreement.

Commissioner Boskovich

made a motion to approve items 16-22; seconded by

Commissioner Strickland

; 5 yeas. 21. For Possible Action Approval to adopt, amend and adopt, or reject Nye County Resolution No. 2023-06: A Resolution Authorizing the Submittal of a Proposal or Proposals With the Nevada Department of Transportation for Grants Through the US DOT Federal Transit Administration (FTA), as Authorized Under Federal Transit Law and Funds Available From the Nevada Public Transportation Grant Program and Executing a Contract With the Nevada Department of Transportation (NDOT) Upon Grant Proposal Acceptance.

Commissioner Boskovich

made a motion to approve items 16-22; seconded by

Commissioner Strickland

; 5 yeas. 22. For Possible Action Approval to adopt, amend and adopt, or reject Nye County Resolution No. 2023-07: A Resolution Directing the Levy of a Special Assessment on Each Water User Situated Within the Confines of the Duckwater Creek Distribution for Fiscal Year 2023-2024.

Commissioner Boskovich

made a motion to approve items 16-22; seconded by

Commissioner Strickland

; 5 yeas. March 21, 2023 23. For Possible Action Approval of an application to release 85% of the financial security bond related to Mountain Falls Planning Area 7, located in the Mountain Falls Master Planned Community. Taylor Morrison I William Lyon Homes, Inc. - Applicant. This item was removed from the agenda. The Board was in recess until 3:05 p.m. TIMED ITEMS 11. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — on ZCMP-22-24: An application for a Conforming Zone Change to change five (5) parcels from Village Residential (VR-20), Neighborhood Commercial (NC), and Business Opportunity (BO) to General Commercial (GC) on property located at 2341 S. Mallard Avenue, 2321 S. Mallard Avenue, 2280 S. Nevada Highway 160, 2310 S. Nevada Highway 160, and 2360 5. Homestead Road, Pahrump, NV. Assessor’s Parcel Numbers 042-312-03, 042-312-04, 042-312-05, 042-312-1 3, and 042-312-11. GNSL Pahrump, LLCIRyan Nestman Property Owner. Impulse Civil Engineering & Planning I Peter J. Laas, P.E. ApplicantlAgent Brett Waggoner said this was a straightforward conforming zone change. There were several properties there the applicant would eventually merge together to develop it with a gas station, a couple of fast food restaurants, and a strip mall setting. It was heard by the RPC on February 15, 2023, and they recommended approval with a 5-0 vote.

Commissioner Carbone

said he had issues with ingress and egress. It appeared Highway 160 would get very congested as well as Homestead.

Mr. Waggoner

said that would be addressed during the site development process when the study was done. They had two driveways on their conceptual plan, one out to Homestead, which would probably be required to be a right-turn only, and a driveway onto Highway 160, which could possibly also be a right-turn only. They would need an approval from NDOT for the encroachment. In the initial conversations the applicant was told the County would not support any day-to-day access on the residential side.

Commissioner Jabbour

opened the public hearing. Daryl Young said he lived across the street from this area. His main concern was The Source was built and people were using his lot and driveway to go to The Source. The eight foot wall around it never got built. If this happened, Mr. Young wondered what would stop more people from using his property. This also would not do anything good for his property value as he went from living in a residential area to basically a commercial area. Ammie Nelson wondered if the residents in the area were notified of the zone change. March 21, 2023 II. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — on ZCMP-22-24: An application for a Conforming Zone Change to change five (5) parcels from Village Residential (VR-20), Neighborhood Commercial (NC), and Business Opportunity (BO) to General Commercial (GC) on property located at 2341 S. Mallard Avenue, 2321 S. Mallard Avenue, 2280 S. Nevada Highway 160, 2310 S. Nevada Highway 160, and 2360 S. Homestead Road, Pahrump, NV. Assessor’s Parcel Numbers 042-312-03, 042-312-04, 042-312-05, 042-312-1 3, and 042-312-11. GNSL Pahrump, LLCIRyan Nestman Property Owner. Impulse Civil Engineering & Planning I Peter J. Laas, P.E. ApplicantlAqent-Cont’d. Kim Wertz said she just purchased a home directly across from the area and did not find out about this until six weeks after she moved in. If she knew her view was going to be the back of a strip mall and gas stations she would not have bought the house. She said her land value was going to sink, and she was sad and disgusted this was happening. Linda Clark heard there was going to be some kind of hotel going over in that area and asked what would go into the strip mall. She said she would be concerned too if she had a home over there. Kayla Hyatt said she lived in that area for two and a half years right behind The Source. Their traffic had increased along with the trash, the roadwork, and the construction. The drive-through of The Source literally looked into her backyard so there was very little privacy. There was also an issue at the house right next to The Source which was not housing the mentally ill people who were walking all over the neighborhood. Ms. Hyatt asked for barriers to protect the neighborhood a little bit more as she no longer felt safe.

Commissioner Jabbour

closed the public hearing.

Commissioner Jabbour

asked Mr. Waggoner to address the block wall at The Source.

Mr. Waggoner

advised there was no condition placed to put a block wall up. The properties behind The Source were not residential zoned properties. They were mixed use, so there was no requirement.

Commissioner Jabbour

asked if the neighbors went to the RPC meeting when this was heard.

Mr. Waggoner

said yes. He assured the public they followed the law with their noticing requirements. Everyone was notified and one or two came to the RPC. As to people saying they did not know, their due diligence would have shown there was a chance of something like this going in due to the mixed use zoning.

Commissioner Strickland

said a wall could be required for this one.

Mr. Waggoner

said with the parcels they were talking about it would border residential so it would be a requirement there. The Board could not put a requirement in a zone March 21, 2023 II. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — on ZCMP-22-24: An application for a Conforming Zone Change to change five (5) parcels from Village Residential (VR-20), Neighborhood Commercial (NC), and Business Opportunity (BO) to General Commercial (GC) on property located at 2341 S. Mallard Avenue, 2321 S. Mallard Avenue, 2280 S. Nevada Highway 160, 2310 S. Nevada Highway 160, and 2360 5. Homestead Road, Pahrump, NV. Assessor’s Parcel Numbers 042-312-03, 042-312-04, 042-312-05, 042-312-1 3, and 042-312-Il. GNSL Pahrump, LLC/Ryan Nestman Property Owner, Impulse Civil Engineering & Planning I Peter J. Laas, P.E. ApplicantlAgent-Cont’d. change for a block wall because it could only be to protect the health, life and safety of the public. Through the site development process it would be urged and required where it was. Trevor Gasser, the applicant, said they asking for a zone change. They had five lots, four of which were zoned commercial and one lot zoned residential. They were asking for all five for a cohesive development. They had listened to what the residents said and would be open to putting up some type of fence, but he was not sure about a block wall. There would be curbing to keep people from driving through the residential portion, and they would be willing to work with The Source on a fence. Mr. Gasser said they also had nothing to do with the halfway house. He felt they would bring services needed in the south side of the valley, and it would not be a rundown commercial development.

Mr. Waggoner

clarified a block wall would be required as four of the five lots abutted residential properties.

Mr. Gasser

said if that was Code that was what they would do and asked when it would have to go up.

Mr. Waggoner

said it would be part of the site development.

Commissioner Jabbour

said he was concerned with ingress and egress and asked Mr. Gasser if they had contacted N DOT.

Mr. Gasser

said a traffic study was done for NDOT, which had been submitted to NDOT for preliminary approval. Once the site development plan was submitted they could draw up final plans and submit it to NDOT.

Commissioner Jabbour

thought Mr. Gasser would have a problem with traffic as it was not an ideal traffic flow situation.

Mr. Gasser

said they would make sure they complied and had safe movements out of the property.

Commissioner Strickland

made a motion to approve as written. March 21, 2023 11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on ZCMP-22-24: An application for a Conforming Zone Change to change five (5) parcels from Village Residential (VR-20), Neighborhood Commercial (NC), and Business Opportunity (BO) to General Commercial (GC) on property located at 2341 S. Mallard Avenue, 2321 S. Mallard Avenue, 2280 S. Nevada Highway 160, 2310 S. Nevada Highway 160, and 2360 S. Homestead Road, Pahrump, NV. Assessor’s Parcel Numbers 042-312-03, 042-312-04, 042-312-05, 042-312-13, and 042-312-11. GNSL Pahrump, LLCIRyan Nestman Property Owner. Impulse Civil Engineering & Planning I Peter J. Laas, P.E. ApplicantlAgent-Cont’d.

Commissioner Jabbour

asked that the wall be included in the motion.

Commissioner Strickland

amended her motion to approve and that a wall would be put in according to Code; seconded by Commissioner Boskovich; 5 yeas. 12. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on ZCMP-22-26: An application for a Conforming Zone Change to change one (1) parcel totaling approximately 6.91 acres from Light Industrial (LI) to Heavy Industrial (HI) on property located at 250 N. Kittyhawk Drive, Pahrump, NV. Assessor’s Parcel Number 035-221 -1 3. D & T Partners, LLC. Property Owner. Brian R. Hardy, Esg., agent for D & T PartnerslArea 5llBlackiack Fireworks — Applicant. Brett Waggoner explained this was a conforming zone change to change one parcel from light industrial to heavy industrial. The property was located behind the jail and the courthouse area. In an attempt to get rid of the shipping containers all over town the applicant wanted to build a storage facility. It was heard by the RPC on February 15, 2023, and the vote was 5-0 to recommend approval.

Commissioner Jabbour

opened the public hearing. Linda Clark said she did not want to see a town of fireworks stands, but now there would be a bunch of warehouses for fireworks. She was more concerned about them blowing up, which could happen. She asked the Board to not approve any more of them.

Commissioner Cox

advised the County was at its limit for fireworks businesses.

Commissioner Jabbour

closed the public hearing.

Commissioner Carbone

made a motion to approve as written; seconded by

Commissioner Boskovich

; 5 yeas. March 21, 2023 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 15. For Possible Action Discussion and deliberation to: 1) Determine that a public purpose may be served by the acquisition of the real property more particularly described as Assessor’s Parcel Numbers 038-153-01, 038-191-21, 038- 191-41, 038-191-44, 038-202-06, 038-202-09 and 041 -271-01 for the purpose of future expansion of the Nye County Fairgrounds and Town of Pahrump Arena; 2) Consider the application made to the Board of County Commissioners by the Town of Pahrump for permission to acquire the real property described as Assessor’s Parcel Numbers 038-153-01, 038-191-21, 038-191-41, 038-191-44, 038- 202-06, 038-202-09 and 041 -271-01; 3) Adopt, amend and adopt, or reject Nye County Resolution No. 2022-05: A Resolution Directing The Transfer Of Nye County Treasurer Trust Property Into Town Of Pahrump Ownership For Public Purposes; and 4) Fund an amount not to exceed $1916.49 in delinquent tax amount with funding to be determined by the Comptroller. Anastacia Wilken from the Treasurer’s Office clarified the resolution number should be 2023-05, not 2022-05.

Commissioner Strickland

made a motion that these properties were for a public purpose and adopt Resolution 2023-05 to be funded in the amount not to exceed $1,916.49 in delinquent tax amount with with funds to be determined by the Comptroller; seconded by

Commissioner Carbone

; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CLERK 24. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Library Board due to a resignation from the following list of applicants: Mathew Morris, and Helen Schneider; andlor 2) Readvertise for the appointment.

Commissioner Cox

made a motion to appoint Mathew Morris to the library board; seconded by Commissioner Carbone.

Commissioner Cox

amended her motion to appoint Mathew Morris to the term ending March, 2024; Commissioner Carbone amended his second.

Mr. Morris

said as a retired business owner he was good at bringing about different policies and procedures for various types of projects. He had watched the library board the last couple of years and saw some things where he could fit in nicely and help the community.

Commissioner Boskovich

asked if he was friends with the current board of trustees, to which Mr. Morris responded yes. March 21, 2023 24. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Library Board due to a resignation from the following list of applicants: Mathew Morris, and Helen Schneider; andlor 2) Readvertise for the appointment-Cont’d. Helen Schneider said she was a librarian by trade, but was retired. She had lived in Pahrump for 22-Y2 years and had been off and on the library board. She thought someone who was a qualified librarian should be on the board as they knew what they were doing and could make sure it continued to be a good library. Ammie Nelson stated her support of Ms. Schneider. Muriel Areno felt Ms. Schneider was the better addition to the board. John Koenig felt Ms. Schneider was super qualified for the job. C.J. Stevens stated her support of Ms. Schneider and said the Board should use AGO 99-39 to remove the current library board members. John Shewalter, chairman of the library board, supported Mr. Morris’ appointment. Tim Bohannon stated his support of Ms. Schneider. Jane Goodrow quoted the minutes from the Commission meeting on May 18, 2021, that the Board had the exclusive responsibility to appoint board members who created goals and policies for the entities they oversaw who in turn implemented those goals and policies. As the newest member of the library board he did not believe any board should be a clique of friends, family, or personal cohorts but should reflect the diversity of the community and the County. That statement was made by Mr. Shewalter after he thanked the Board for his appointment. Ms. Good row agreed with what he said, but she did not believe that was being done in the recommendation of Mr. Morris. Joe Burdzinski stated his support of Mr. Morris. Brian Shoemake, vice chair of the Pah rump Library Board, stated his support of Mr. Morris. Dee Mounts, a trustee on the library board, stated her support of Mr. Morris. Barbara Adams stated her support of Ms. Schneider.

Commissioner Cox

thought Ms. Schneider would make a great librarian, but this was about running the facility and she did not have the experience Mr. Morris had. She made her motion solely based on his qualifications, and he did have the support of the rest of the board. March 21, 2023 24. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Library Board due to a resignation from the following list of applicants: Mathew Morris, and Helen Schneider; andlor 2) Readvertise for the appointment-Cont’d.

Commissioner Boskovich

thought a system of checks and balances was needed as stacking a board one way or another caused problems. He did not know either applicant, but he thought checks and balances was the way to go especially with the controversies surrounding that board.

Commissioner Strickland

said she did not know Mr. Morris and was leaning toward Ms. Schneider for obvious reasons. Commissioner Strickland also worked with her on the Parks and Recreation Board for four years. She said she could not support the nomination as she thought it needed to go the other way.

Commissioner Carbone

said most of the commotion came out of the audience, not the people sitting on the board, and he felt with Ms. Schneider on the board it would always be a 4-1 vote.

Commissioner Jabbour

knew neither of the applicants, but felt the library had to be run as a business.

Commissioner Jabbour

asked her to help with getting accounts frozen when someone left.

Ms. Elliott

cautioned doing that as it could stop business for a little bit of time. She suggested when someone knew someone was retiring they take the steps to change the signature authorizations.

Commissioner Strickland

pointed out other organizations just needed to provide the minutes where the change was voted on and she thought it could be done that way. March 21 2023 27. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-08-Cont’d.

Ms. Elliott

explained there was no legal documentation to set up the account. This resolution provided the permission for the court to do that. She hoped in the future it would just be a simple agenda item and they could take the minutes to them. Tim Bohannon felt this was something that staff needed to stay on top of.

Commissioner Carbone

made a motion to adopt Resolution No. 2023-08 as written; seconded by Commissioner Boskovich; 5 yeas. COUNTY MANAGER

Commissioner Jabbour

said a report from Tim Sutton was scheduled, but that would come at another meeting, and he turned to Mark Kampf for a report.

Mr. Kampf

discussed the following bills which would have a direct impact on the Clerk’s Office: SB21 5, which required repayment of money received from the State if the choice was made to go to paper ballots (he learned the intent was it would not apply to the 2017 funding received for the current machines); AB242, which established, except for mail ballots, if one wanted to vote at the polls they had to use a mechanical voting machine, not a paper ballot; AB95, which would require all candidates, not just non-partisan candidates, to get 1 00 signatures to be placed on the ballot; AB246, which would require in a county where the clerk finds there were 500 registered voters, were members of a minority group, and were of limited English proficiency that the clerk ensured that voting materials and other election information were in that language; and SB 162 and AB286, both requiring the clerk to establish a polling location in each of the county jails and any detention centers for children, which could include someone who turned 18, and if someone who was a resident here was in jail in another county they would have to establish a polling location in that jail.

Commissioner Carbone

made a motion to adopt Proclamation No. P2023-01; seconded by Commissioner Boskovich; 5 yeas. FINANCE

Commissioner Cox

had asked a question regarding the cannabis revenue received. Ms. Jordan said that was deposited into the general fund and was shown on page 4 of the back-up under licenses and permits. The total so far was $1 .2 million, which included all licenses and permits, but she could provide that breakout to the Board. As to the expenditures, she said some departments were being forecasted over in services/supplies mostly due to fuel expenses.

Commissioner Carbone

asked if there were any concerns with capital for the future.

Ms. Jordan

said yes and she would give a presentation on that during the budget meeting for FY24. The net proceeds typically funded the capital and the numbers expected were not being seen.

Commissioner Boskovich

asked where the $12 million grant that was coming fit into the capital budget.

Ms. Jordan

said she had been talking to Stephani Elliott about how to present that. It would be presented simultaneously with the budget workshop. Ultimately it would be up to the Board to decide how to spend those dollars. One of the recommendations to the counties was to use it for county needs as far as capital. Tim Bohannon talked about the budgets for the Road Department and the Pahrump Cemetery. He was concerned about the capital and thought it should be forecasted out to 2025. He wondered if there was any way to reduce the jail cost. March 21, 2023

Commissioner Carbone

asked how they would continue the process since this was a one-time payment.

Mr. Whalen

said if he could display to NDOT the necessity for this program then it would easily fit into next year’s budgets. Ammie Nelson asked if this would transport kids to games inside and outside of the County.

Mr. Whalen

stated they would not handle transportation for sporting games at night. They would do transport for extracurricular activities after school like football practice, band practice, etc. Pahrump Valley Transportation was also a point to point service, so there would be no meeting spot. The rider would already be on the driver’s manifest.

Commissioner Carbone

made a motion to approve the funding for the public transportation at $60,700.00; seconded by Commissioner Boskovich; 5 yeas. INFORMATION TECHNOLOGY

Commissioner Jabbour

was not in favor of being strongarmed by a company like Google, but he wondered if it was a necessary evil because of the factors involved. March 21, 2023 32. For Possible Action Discussion and deliberation to: 1) Accept Google’s Terms of Service to upload Nye County GIS data to Google to potentially use for updating Nye County address points and mapping information; and 2) Delegate authority to Information Technology Director, Brad Adams or his designee to accept the Terms of Service online and share GIS data with Google-Cont’d.

Commissioner Strickland

thought the County should use Google mapping.

Mrs. Tackett

said she could talk to Emergency Services, first responders and mail carriers to see if they even used Google. When Fire Chief Scott Lewis had spoken to the item he did not indicate that was the case.

Commissioner Strickland

suggested continuing this item to get more research done. Ammie Nelson said she was adamantly against this item. She felt Google would use this against the County and she was concerned about her privacy. Tim Bohannon was concerned that there was no protection on the data and they could sell it to whoever they wanted to. He was also concerned about privacy. Eddie Jim agreed with the privacy concerns.

Commissioner Strickland

made a motion to continue this item; seconded by

Commissioner Carbone

; 5 yeas. PLANNINGIBUILDINGICODE COMPLIANCE

Commissioner Strickland

made a motion to approve and execute the agreement; seconded by Commissioner Carbone; 5 yeas. March 21, 2023

Mr. Waggoner

then referred to paragraph 4, which stated in connection with this agreement the County had received and reviewed that certain report requested to be delivered by assignor in accordance with section 5 of the development agreement and the assignor was not in default of the development agreement as it related thereto. Mr. Waggoner stated there had been no written reports. That language referred to the biannual report. Technically there should have been one, but they had not gotten to the final map approval stage. Lastly, Mr. Waggoner referred to paragraph 6.1(b), which stated all bonds, including performance bonds, that were required to provide financial assurance for the provision or maintenance of the infrastructure pursuant to the agreement. He said at this point there had not been any bonds put in place for this project because a final map had not been brought forward or an SIA completed. He reminded the Commissioners that they had the right to approve the assignment with the condition of assigning or obtaining a bond.

Commissioner Carbone

asked Mr. Waggoner if he had an estimate of what the bond should be based on the size of the project.

Mr. Waggoner

said no, but if the Board wanted to go that route he suggested the Board make it a condition that at some point they would have to provide a bond for the entire development. March 21, 2023 34. For Possible Action Discussion and deliberation to approve, amend and approve, or reject the Assignment of the Development Agreement between Nye County and Cedar Trees, LLC. as Assignor, and Mountain View Farms, LLC. as Assignee, for the real property located at 290, 330, 370 and 410 E. Simkins Road, Pahrump, NV, commonly known as North Canyon Homes; Assessor’s Parcel Numbers 027-331 -06, 027-331 -23, 027-331 -24, and 027-331 -25-Cont’d. Brian Kunzi suggested referencing any type of performance bonds that may be required at the time of final approval of the development plans. Ken Murphy said to his understanding the assignee was a group of people. One of them formerly worked with a home construction company, and one was a real estate investor who was interested in the town. He explained the premise of the map as well as what it was designed for and they were fine with it. Ammie Nelson agreed with implementing a bond if it was not requested.

Mr. Kunzi

suggested the motion include the language that performance bonds may be required as a condition of approval of the final map.

Commissioner Carbone

made a motion to amend and approve and that performance bonds may be required as a condition of approval of the final map; seconded by

Commissioner Strickland

; 5 yeas. PUBLIC WORKS

Commissioner Strickland

made a motion to determine the properties were for public purpose and adopt Nye County Resolution No. 2023-04 inclusive of the properties as stated; seconded by Commissioner Boskovich; 5 yeas. March 21, 2023

Commissioner Carbone

made a motion to approve items 2, 3 and 4, with funding determined by the Comptroller; seconded by Commissioner Strickland; 5 yeas.

Commissioner Strickland

did not think the County could meet the timeline shown in the back-up.

Mr. Elliott

believed that was the original application. Everything had been delayed and true conversations with the State had just recently started. Tim Bohannon said this was an important infrastructure component and he would like to see it get passed.

Commissioner Carbone

made a motion to approve as written; seconded by

Commissioner Strickland

; 5 yeas. 36. For Possible Action Discussion and deliberation to: 1) Approve the purchase of a parcel needed for drainage improvements consisting of .15 acres located at 411 East Valiant Avenue, Pahrump, NV 89060 Assessor’s Parcel Number 038-163- 29; 2) Approve compensation for the parcel to the property owner based on the appraisal in the amount of $11,500.00; 3) Direct staff to prepare and record the documentation necessary to transfer property; and 4) Funding to be determined by Comptroller-Reopened. Brian Kunzi stated the original motion did not include approval of item 1. March 21, 2023 36. For Possible Action Discussion and deliberation to: 1) Approve the purchase of a parcel needed for drainage improvements consisting of .15 acres located at 411 East Valiant Avenue, Pahrump, NV 89060 Assessor’s Parcel Number 038-163- 29; 2) Approve compensation for the parcel to the property owner based on the appraisal in the amount of $11 500.00; 3) Direct staff to prepare and record the documentation necessary to transfer property; and 4) Funding to be determined by Comptroller-Reopened-Cont’d.

Commissioner Carbone

made a motion to approve the purchase and items 2, 3 and 4 as written, with funding determined by the Comptroller; seconded by Commissioner Strickland. Tim Bohannon stated his support of this item.

Commissioner Strickland

said she would like to see if there was a way when it came to parcels that people wanted to merge the County could waive the fees to encourage parcels being merged so there was one well serving several parcels and less wells impacting the valley floor. Brett Waggoner said the only fee that could possibly be waived was the application fee as there were fees that had to be paid to the County Surveyor or State agencies which were pass through fees.

Commissioner Cox

asked what happened to Dutch Bros.

Mr. Waggoner

said they just pulled out of their deal with Arby’s and he did not know the history.

Commissioner Jabbour

reminded everyone to protect family and friends, conserve water, and spay/neuter pets. _____________day March 21, 2023

Commissioner Jabbour

adjourned the meeting. APPROVED this ATTEST: Of , 2023. ye County