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Public meetings / Board of County Commissioners

April 18, 2023

164 turns, 164 with a named speaker, under 38 agenda items. The words and the names are the county clerk's.

Marking Valley Electric. Clear

3. CommissionerlManager Comments (This item limited to announcements or

Commissioner Boskovich

said yesterday he drove around with Code Compliance. He had made it point to ride with every department every quarter to see what they dealt with and how the Commissioners could help them. They visited the area directly behind The Nugget where six years ago he used to ride his ATV. It looked like a landfill now with numerous homeless camps dumping urine and feces all over the grounds.

Commissioner Boskovich

said an ordinance was needed to address this issue and he hoped staff could help him with that.

Commissioner Strickland

said the Commissioners received e-mails from Demar DahI. She advised that Natural Resources Director Lorinda Wichman and herself were working on that as the County had its own lands bill and she did not know how that would affect it. She then directed Stanley Schaeffer to the Nye County Water District Governing Board about the water situation in Mountain Falls as it was effluent. Lastly,

Commissioner Strickland

advised there was a poker ride in Beatty this weekend. Brett Waggoner referred to the letters mentioned by a public commenter and they were under the impression they would receive one. The only letters received were the notices of violation. He communicated part of the discussion to Latesha at Factory Homes Center. The property was still in violation and all of the findings were in the Code Compliance file, which was all provided to Factory Homes Center.

Commissioner Carbone

asked when the last time was the County looked at impact fees. April 18, 2023 3. Commissioner/Manager Comments (This item limited to announcements or topic/issues proposed for future workshopslagendas)-Cont’d.

Mr. Waggoner

advised they had not been visited since 2006.

Commissioner Carbone

said he wanted to put something together to re-evaluate the impact fees as they really did not cover anything anymore.

Commissioner Jabbour

said Mr. Waggoner had mentioned there were some violations with RVs parking in residential areas. He understood there had also been an issue of people parking on the County right-of-way and easement and asked if they received a violation directly.

Mr. Waggoner

explained if they were in a right-of-way in front of property then the property owner would get it, but if they were in the right-of-way they would be addressed directly by Code Compliance or the Sheriff’s Office.

Commissioner Jabbour

referred to a public speaker two meetings ago who said he could not get a copy of a court video. Commissioner Jabbour almost immediately requested a copy of the court video, which he watched, and there was nothing inappropriate on behalf of the judge that was presiding over that particular case. Public Works Director Tom Boiling introduced Beau Gott, the new Assistant Director of Public Works. Beau Gott provided his background and said he liked the direction Mr. BoIling had the department moving. He looked forward to helping him and the community. Contracts and Grants Manager Stephani Elliott said on April 17, 2023, the Nye Communities Coalition had their Brownfields training graduation and were now accepting applications for the final Brownfields training.

7. 10:00 a.m. For Possible Action Discussion and deliberation regarding the

Ms. Powers

explained there were some legislative changes where the State set up a State Education Fund for real property and personal property taxes. Rather than submit those revenues directly to the School District those revenues were submitted to the State and then the State allocated funds to all school districts in the State. A journal entry was needed to set the funds correctly and her office was working with Finance to get those new funds created.

8. 10:00 a.m. For Possible Action Discussion and deliberation regarding: 1)

Commissioner Jabbour

asked Ms. McKenna to tell the Board what she did for the homeless.

Ms. McKenna

said quarterly they had a community wrap-around event where they gave out food, blankets, water, and hygiene products. They provided laundry service once a week as well as travel vouchers if they needed to go to a doctor they could not get to. They were also given shower vouchers and were put in the homeless queue.

Commissioner Carbone

asked what would happen if the Board did not do this.

Ms. McKenna

said then people would not get the help they needed and without the advance the program would probably stop because they did not have the cash flow to support it.

Commissioner Cox

asked how they got the word out about the program.

Ms. McKenna

said they did the homeless count at the end of January, 2023. When visiting them they were told about the grant funding that was available and were asked to come into the office. A lot of the homeless already came to the office as it was their mailing address to receive their benefits at.

Commissioner Cox

suggested Ms. McKenna get with the paper who may donate ad space and post notices in the areas where the homeless were. Ammie Nelson thought it was a fabulous program and hoped the Commissioners helped them. Maryan Hollis said she heard a request for a front of $200,000.00, but she also heard there was a request for additional funds with no amount attached to that. April 18, 2023 8. 10:00 a.m. For Possible Action Discussion and deliberation regarding: 1) — — Presentation by Kathie McKenna with Nevada Outreach Training Organization regarding program status, outcome results, a budget status report and future goals pursuant to the Nye County ARPA Recovery Plan and Policy: Public Health Assistance Grant; and 2) Approve, amend and approve, or reject an advance payment request in the amount of $200,000.00-Cont’d.

Commissioner Strickland

explained there was no request for additional funds. Mrs. McKenna was being reimbursed every time she put in through the Grants Administrator. She was now saying she could not do it that way and was asking for $200,000.00 in advance so she could get ahead of the fund allocation.

Ms. Hollis

pointed out the back-up stated $300,000.00 over the first three months so the $700,000.00 would only cover the next six months. She asked what would happen for the last three months of this grant. She did not think the program could sustain itself. Tim Bohannon wondered what would need to be done for sustainability. He would like to see the Board support the item. Victoria Poulsen wondered why so many people were coming to Pahrump without jobs and homes expecting to be taken care of. She asked if anyone was auditing this program to see if it really helped people. Darrell Lackey did not think this program was fixing anything.

Ms. Elliott

stated this was a one-time grant and the funds had to be spent prior to 2026. While it did not fix the problem, there were several organizations that had very similar programs. Nevada Outreach had been a proven partner in the County to help homeless people. The ARPA program stated the potential grantee had to do an intake interview. As far as the audit, it was an extensive process to be able to quantify all payments made to Valley Electric, the landlords, and mortgage companies.

Commissioner Strickland

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

9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation

Commissioner Strickland

disclosed she owned Lakeside Storage. Mr. 000kston said Mr. Little wanted to withdraw the waiver for the privacy slats in lieu of a block wall in the back as he would put that block wall in. He also wanted to do gravel instead of chip seal because it was cheaper and there would be less rain runoff. Overall it would help to keep the conexes cooler as the heat would not reflect off of that hot asphalt.

Commissioner Strickland

said it sounded like the agenda item was changing rapidly. During her discussion with Mr. Little she asked him to withdraw his appeal and come back with different ideas.

Commissioner Jabbour

said time was of the essence as they had 30 days to appeal the RPC’s decision. Brian Kunzi pointed out Mr. Little filed his appeal, but he agreed that the way this item was written the Board could not consider any amendments. The Board could continue this to another meeting as the appeal was timely.

Mr. Waggoner

asked if this item was continued if it could be agendized differently, to which Mr. Kunzi responded yes.

Mr. Waggoner

explained the asphalting of the drive aisles was not just a dust control issue, but it was also a requirement for fire. Additionally, he understood there was no intention to install water of any kind on the property, which was also a requirement for fire protection.

Commissioner Jabbour

confirmed with Mr. Little that he was okay with continuing this item.

Commissioner Jabbour

opened the public hearing. Eddie Jim felt Mr. Little should be allowed to have conex buildings as they were much safer. April 18, 2023 9. 10:00 a.m. For Possible Action — — Public Hearing, discussion and deliberation on AP-23-1-Cont’d. Laura Larsen thought it would be better to have a building in this location instead of conexes as it would look nicer.

Commissioner Jabbour

closed the public hearing.

Commissioner Carbone

made a motion to continue this item to May 16, 2023, at 10:00 a.m. in Pahrump; seconded by Commissioner Cox; 5 yeas.

10. 10:00 a.m. For Possible Action

Commissioner Jabbour

opened and closed the public hearing.

Commissioner Carbone

made a motion to approve ZCMP 23-2 and ZCMP-23-3; seconded by Commissioner Boskovich; 5 yeas. April 18, 2023

12. 10:00 a.m. For Possible Action Discussion and deliberation to approve LD

Mr. Waggoner

advised the Board had previously approved the tentative maps. When it came forward with a final map it was discovered the tentative map had expired. This was just the applicant going through the procedures again to continue on with their planned development.

Commissioner Strickland

made a motion to approve LD-22-30 and LD-22-31; seconded by Commissioner Boskovich; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

14. For Possible Action Discussion and deliberation to adopt, amend and adopt,

Commissioner Jabbour

asked if the members of the advisory board assisted during events, to which Ms. Kenney responded no. April 18, 2023 14. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Town of Pahrump Resolution No. 2023-02-Cont’d.

Commissioner Cox

said she would like town staff to work directly with the Commissioners and keep them updated if this item was approved. She also encouraged them to ask the Board for help if needed.

Commissioner Carbone

made a motion to adopt Resolution No. 2023-02, a resolution dissolving the Pahrump Parks and Recreation Advisory Committee; seconded by

Commissioner Cox

; 5 yeas. 13. Presentation by Pahrump Valley Fire and Rescue Services Fire Chief Scott Lewis regarding the condition of the department. Fire Chief Scott Lewis discussed the staffing and facility issues, the lack of funding, supply chain shortages, and the wait time for equipment that had affected the department. He then reviewed all of the equipment and facility improvements that had been made since he started which had improved the effectiveness of the department. He asked the Commissioners for help in creating another funding source for this department. It relied on fee for service and not knowing what those fees would be was not working any longer.

Commissioner Boskovich

felt impact fees would be a good place to start.

Commissioner Strickland

asked for that to be agendized as soon as possible.

Commissioner Cox

noted Chief Lewis had asked the town board if his department could be reimbursed from insurance companies for fires and asked how that was working. Chief Lewis said not as well as they thought as many of the structure fires they responded to were uninsured.

Commissioner Carbone

suggested establishing a taxing district to increase revenue. He asked Chief Lewis if he needed an assistant chief to help him. Chief Lewis stated he needed more people on the street to make sure the community was safe.

15. For Possible Action Discussion and deliberation regarding Town of Pahrump

Commissioner Carbone

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

16. For Possible Action Discussion and deliberation regarding a request to waive

Commissioner Boskovich

made a motion to waive the park use fees in the amount of $500.00 for the non-profit Wild West Extravaganza; seconded by Commissioner Strickland; 5 yeas. 15. For Possible Action Discussion and deliberation regarding Town of Pahrump Proclamation No. P2023-01: A Proclamation Recognizing May 1,2023 as Pahrump Youth Law-Awareness Day in the Town of Pahrump-Reopened. Brian Kunzi advised the word city needed to be changed to town.

Commissioner Carbone

amended his motion to approve with the correction of the typographical errors; Commissioner Strickland amended her second; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommend 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.

17. For Possible Action Approval of the Elected Official Collection Report

Commissioner Boskovich

made a motion to approve items 17-27; seconded by

Commissioner Strickland

; 5 yeas. April 18, 2023

18. For Possible Action — Approval of the meeting minutes from the joint meeting

Commissioner Boskovich

made a motion to approve items 17-27; seconded by

Commissioner Strickland

; 5 yeas.

19. For Possible Action Approval to: 1) Accept the Federal Fiscal Year 2023

Commissioner Boskovich

made a motion to approve items 1 7-27; seconded by

Commissioner Strickland

; 5 yeas.

20. For Possible Action Approval of Return of Sale; Affidavits of Publication(s)

Commissioner Boskovich

made a motion to approve items 1 7-27; seconded by

Commissioner Strickland

; 5 yeas.

21. For Possible Action Approval of the Affidavit of Due Notice for the 1st, 2nd,

Commissioner Boskovich

made a motion to approve items 17-27; seconded by

Commissioner Strickland

; 5 yeas.

22. For Possible Action Approval of an offer of dedication for road right of way

Commissioner Boskovich

made a motion to approve items 17-27; seconded by

Commissioner Strickland

; 5 yeas. April 18, 2023

23. For Possible Action Approval of an offer of dedication for road right of way

Commissioner Boskovich

made a motion to approve items 17-27; seconded by

Commissioner Strickland

; 5 yeas.

24. For Possible Action Approval of an offer of dedication for road right of way

Commissioner Boskovich

made a motion to approve items 17-27; seconded by

Commissioner Strickland

; 5 yeas.

25. For Possible Action Approval of an offer of dedication for road right of way

Commissioner Boskovich

made a motion to approve items 1 7-27; seconded by

Commissioner Strickland

; 5 yeas.

26. For Possible Action Approval of an offer of dedication for road right of way

Commissioner Boskovich

made a motion to approve items 1 7-27; seconded by

Commissioner Strickland

; 5 yeas. April 18, 2023

27. For Possible Action Approval of an offer of dedication for road right of way

Commissioner Boskovich

made a motion to approve items 1 7-27; seconded by

Commissioner Strickland

; 5 yeas. The Board was in recess until 2:40 p.m.

Commissioner Cox

was not present. BOARD OF COMMISSIONERS

28. For Possible Action Discussion and deliberation to adopt, amend and adopt,

Commissioner Boskovich

asked how the cost remained the same.

Mrs. Dellinger

said the way the State formula was written anything over the County’s program cost she submitted for reimbursement. Last year the County received $145,000.00 and she expected that to be higher next year.

Commissioner Strickland

made a motion to adopt; seconded by Commissioner Carbone; 4 yeas.

29. For Possible Action Discussion and deliberation to approve, amend and

Commissioner Strickland

disclosed she was a licensed real estate broker but had no pecuniary interest in this item. Her understanding was there were properties out there that the County could not really use, but there were properties it wanted to acquire.

Commissioner Cox

was present. Darrell Lackey pointed out if Nye County owned the property it could be another potential location to help solve the problems of homelessness and poverty. April 18, 2023 29. For Possible Action Discussion and deliberation to approve, amend and approve or reject a letter of intent to purchase or exchange or a combination thereof one (1) property described as a 5-acre (a portion of) 171 N. Floyd Dr., Pahrump, NV. Assessor’s Parcel Number TBD, consisting of a 5.00-acre Light Industrial (LI) zone; for the potential purpose of animal shelter expansion needs Cont’d.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Boskovich.

Commissioner Cox

asked if the Board did this if it would be tied to animal shelter needs.

Commissioner Strickland

said there were a lot of needs within the County for the property. If this could be further discussed with the property owner the County may get even more land and not be tied to that use.

30. For Possible Action Discussion and deliberation to approve, amend and

Commissioner Strickland

disclosed she was a licensed real estate broker but had no pecuniary interest in this item. She felt this could be a future site for the dump expansion, but it could also be a shooting range for 20 years. Brian Kunzi cautioned if a property exchange was done it had to be for redevelopment or economic development. The shooting range could clearly be a tourist attraction and would qualify for economic development. Victoria Poulsen pointed out there were two public ranges in Pahrump as well as a private one. She asked if the dump required expansion right now, and if people would be charged to use the range. Ms. Poulsen did not think Pahrump needed another shooting range and the County did not need to spend the money on the land. Robert Young said he would like this item pursued to see where it went because he thought there was a need for it and it would be beneficial to the community. In response to Ms. Poulsen, Commissioner Strickland said municipal shooting ranges usually had a fee schedule, and the expansion of the dump would always be needed or the County would have to go through other sources to acquire land. This 40 acres was surrounded by the dump and she felt it was a dual purpose use. April 18, 2023 30. For Possible Action Discussion and deliberation to approve, amend and approve or reject a letter of intent to purchase or exchange or a combination thereof one (1) property described as 1871 E. Mesquite Ave., Pahrump, NV, Assessor’s Parcel Number 035-011-06, consisting of 36.08 acres Heavy Industrial (HI) zone; for the potential purpose of an alternative location for shooting range Cont’d.

Commissioner Carbone

made a motion to approve the letter of intent to purchase or exchange the properties; seconded by Commissioner Strickland; 5 yeas. CLERK

31. For Possible Action Discussion and deliberation to: 1) Appoint one member

Commissioner Carbone

made a motion to appoint Earnest Childress to a term ending January, 2025; seconded by Commissioner B.oskovich; 5 yeas.

32. For Possible Action Discussion and deliberation to: 1) Appoint one member

Commissioner Carbone

made a motion to appoint Stephanie Beecham to the Beatty Library District to a term ending January, 2027; seconded by Commissioner Strickland; 5 yeas.

33. For Possible Action Discussion and deliberation to: 1) Appoint one member

Commissioner Carbone

made a motion to appoint Paula Whiteside to a term ending January, 2025; seconded by Commissioner Boskovich; 5 yeas.

34. For Possible Action Discussion and deliberation to: 1) Appoint one member

Commissioner Carbone

made a motion to appoint Janet Jorgensen to the Round Mountain Town Board to a term ending January, 2025; seconded by Commissioner Ccx; 5 yeas. April 18, 2023 DISTRICT ATTORNEY

36. For Possible Action Discussion and deliberation to adopt, amend and adopt

Commissioner Carbone

made a motion to adopt Resolution No. 2023-1 1; seconded by

Commissioner Boskovich

. Brian Kunzi explained his office had an account with Nevada State Bank. When staff went in to change the cards they said they needed a resolution. It was also learned the account was still in the name of Robert Beckett.

37. For Possible Action Update on the 2023 Nevada Legislative Session

Mr. Sutton

said SB354, which would require Justices of the Peace not to take the full bar exam but a portion of it, the Professional Responsibility Exam, also made it out of committee. SJR4, a resolution supporting Yucca Mountain and urging the federal government to use it for the development and storage of renewable energy, did not make it out of committee. Mr. Sutton then advised the County’s State lobbyist was working on updating the tracker for these bills.

Commissioner Carbone

suggested monitoring the bills that had to do with law enforcement.

Mr. Kampf

said he was concerned about AB242, which made it out of committee and would require two ADA accessible machines in each polling location. Up until now only one was required. It would also make it illegal to use paper ballots at the polls, which would be a first in the nation. In the last round they added counting votes mechanically and it would be illegal to count the votes by hand. Helene Williams said AB354 was interesting because if someone was elected by the people and did not pass, another election would have to be held which was expensive and became a financial burden to the County. If it passed the County should approach the Governor to see if he would do something. Maryan Hollis asked for the bill number for volunteer medical suppliers.

Mr. Sutton

said it was AB12O.

Ms. Hollis

said she had heard that the resolution regarding coyote calling never went to the Legislature and she wondered why.

Commissioner Strickland

advised it was sent to the Governor in case he vetoed it. April 18, 2023 37. For Possible Action Update on the 2023 Nevada Legislative Session including Nye County priorities, impacts to counties and actions that counties are required to take pursuant to new Iegislation-Cont’d. Darrell Lackey said he ran for office in the County before and was involved with the recounts. He went in thinking he would see big rolls like what he saw in the machines, but there were just little rolls torn here and there. After that happened all of sudden the County was going to paper ballots. Mr. Lackey wanted to have a real election without torn voting rolls.

38. For Possible Action Discussion and deliberation regarding Nye County

Mr. Stark

gave a presentation about Records and Information Management Month (RIMM). Jennaca Sanders from Public Records Administration said they closed out 2022 with 623 records requests. As far as the number this year, they just had 14 requests in the last two days, so it was growing exponentially and the need was very large.

Mr. Knightly

added there were 326 in 2021.

Commissioner Carbone

made a motion to accept Proclamation No. P2023-02; seconded by Commissioner Strickland; 5 yeas. FINANCE

39. Report by Elizabeth Jordan, Comptroller regarding the budget status for

Commissioner Strickland

asked about the ambulance and health funds. As to the ambulance fund 10282, Ms. Jordan explained expenditures were paid out of the fund. There were also some contracts and the debt service for the ambulance purchase was paid out of it. April 18, 2023 39. Report by Elizabeth Jordan, Comptroller regarding the budget status for February 2023, for Nye County and all sub-entities for Fiscal Year 2023-Cont’d.

Commissioner Jabbour

noted he did not see any room tax from Gabbs or Manhattan and asked if the towns did not submit that.

Ms. Jordan

said they did not and nothing had been submitted from them for as long as she could remember. She then advised the FY24 budget workshop would be held on May 8, 2023.

40. For Possible Action Discussion and deliberation to: 1) Consider an appeal to

Commissioner Cox

believed the NRS stated if the date fell on a weekend it was due the first day after the weekend. She also did not think Mr. Tsunis was in breach of anything and did not know why he signed the letter.

Mr. Tsunis

said he was trying to make sure he did everything correctly.

Commissioner Boskovich

felt there was a miscommunication.

Commissioner Jabbour

felt Mr. Tsunis was compliant as the next business day was Monday. April 18, 2023 40. For Possible Action Discussion and deliberation to: 1) Consider an appeal to reverse the determination that Michael Tsunis with Tatuado Hospitality Management was deemed in Breach of Contract for the Covid Relief Program; and 2) Approve, amend and approve or reject the Small Business ARPA funding request from Michael Tsunis with Tatuado Hospitality Management under the Nye County ARPA Recovery Plan and Policy: Small Business Assistance in the amount of $43,000.00-Cont’d.

Commissioner Strickland

asked if there was anyone else with the same situation.

Ms. Elliott

said not as far as she knew. Ammie Nelson thought the right thing for the Board to do was to help him out and the Commissioners should rule in his favor.

Commissioner Carbone

made a motion to accept the appeal determination and approve the small business contract for the ARPA program in the amount of $43,000.00; seconded by Commissioner Boskovich.

Commissioner Strickland

clarified Commissioner Carbone was reversing on the COVID and approving on the ARPA.

41. For Possible Action Discussion and deliberation to: 1) Accept Google’s

Mr. Adams

advised intellectual property rights did not apply to public records, but the District Attorney’s Office pointed out the GIS data set was public record. Ammie Nelson stated she was against this. She did not think giving Google free rein was to her benefit and it was an invasion of privacy.

Commissioner Strickland

made a motion to accept and delegate authority to IT Director Brad Adams; seconded by Commissioner Boskovich; 5 yeas. April 18, 2023 PUBLIC WORKS

46. For Possible Action Discussion and deliberation to approve the Airport

Commissioner Carbone

asked if the County would get the grants.

Mr. Boiling

said $1 50,000.00 for each airport was set aside every year. The only requirement was to meet the grant timelines for submission and the grant requirements. So far, as long as the timeline for submission had been met the requirements were there and the County should be given the grants. Elizabeth Jordan advised funds were not allocated in the event the grants were not received. She knew this was the current plan, but it did not tie the Board or the County to set projects. This was simply a timeline. When the projects came forward the funding would have to be identified and set aside for each individual project.

Commissioner Carbone

thought a plan was needed in the future to be sure the money was there.

Mr. Boiling

said the projects were not scheduled until the grants were received.

Commissioner Strickland

suggested setting up an enterprise fund for the airports.

Commissioner Strickland

made a motion to approve the ACIP for FY2024-2028; seconded by Commissioner Carbone; 5 yeas.

47. For Possible Action Discussion and deliberation to: 1) Discuss Bid No. 2023-

Commissioner Strickland

made a motion to allow Public Works to let the contract without further solicitation; seconded by Commissioner Carbone; 5 yeas. April 18, 2023 39. Report by Elizabeth Jordan, Comptroller regarding the budget status for February 2023, for Nye County and all sub-entities for Fiscal Year 2023-Reopened. Elizabeth Jordan wanted to clarify one item. Commissioner Jabbour had asked about the Gabbs and Manhattan room tax and she did not want to leave the meeting with the impression that room tax was not received. It was received, but not receipted into room tax funds as they did not have that fund. It was receipted into the County’s room tax fund and disbursed out to the towns. The revenue was so small Finance felt creating another fund would be cumbersome. PLANNING/BUILDINGICODE COMPLIANCE 42. For Possible Action Discussion and deliberation to approve, amend and approve or reject Nye County Proclamation No. P2023-03: A Proclamation Recognizing May 2023 as Building Safety Month in Nye County. Brett Waggoner said it was time to renew this proclamation, and he had a request from the Southern Nevada Homebuilders Association for a copy of it.

Commissioner Boskovich

made a motion to approve Proclamation No. P2023-03; seconded by Commissioner Strickland; 5 yeas. 43. For Possible Action Discussion and deliberation to approve LD-22-16, a Tentative Map for Mountain Falls Planning Area 5B, creating one hundred and twenty-one (121) residential lots on property zoned Specific Plan (SP), each residential lot containing an average of 5,704 square feet; Maximum lot size is 11,760 square feet and Minimum lot size is 5,060 square feet. Assessor’s Parcel Number 045-021-54. Mountain Falls, LLC. Owner. Taney Engineering Corp. Age ntlAp p1 i cant. Brett Waggoner said this was a previously approved tentative map that expired as there were things they were looking at changing. It forced them to restart the process and he was sure they would follow up immediately with a final map. It was in conformance with the development agreement. Lexa Green, appearing on behalf of the applicant, thanked staff for the recommendation of approval and said she could answer any questions.

Commissioner Cox

said she would have preferred to have the lots made larger. Maryan Hollis asked if the map in the back-up was the one that expired.

Mr. Waggoner

said what Ms. Hollis had was part of the new map.

Ms. Hollis

pointed out it was part of a development agreement that was more than 20 years old. She could not tell on the map how far down Manse this was. She figured it April 18, 2023 43. For Possible Action Discussion and deliberation to approve LD-22-16, a Tentative Map for Mountain Falls Planning Area 5B-Cont’d. was at the far end of Mountain Falls. She thought there was an agreement that the exit of Manse onto Highway 160 would require a traffic study once development started. It appeared it was starting with this request, and a traffic study talked about roundabouts.

Mr. Waggoner

explained this area was not abutting Manse at all. It was on the opposite side of Mountain Falls. The traffic studies were already done and the roundabout would happen.

Commissioner Carbone

also did not like the small lots.

Commissioner Boskovich

confirmed with Mr. Waggoner that the Commissioners’ hands were tied due to the development agreement.

Commissioner Strickland

made a motion to approve as written; seconded by

Commissioner Boskovich

; 5 yeas. 44. For Possible Action Discussion, deliberation and direction to staff to prepare a draft Bill for the zoning of tiny houses that: 1) Designates at least one zoning district in which a tiny house may be located and classified as an accessory dwelling unit; or 2) Designates at least one zoning district in which a tiny house is allowed to be located and classified as a single-family residential unit; or 3) Designates at least one zoning district in which a tiny house may be located in a tiny house park. Brett Waggoner advised the County had to have an ordinance with at least one of the classifications adopted by January 1, 2024. In some of the research staff came up with a few different scenarios and he wanted to see which direction the Board wanted to go. There currently was zoning for accessary dwellings, but they were not allowed to have a full functioning kitchen. If the Board chose that route, Mr. Waggoner’s suggestion was to restrict it to RE-I or greater to avoid getting a bunch of them inside the smaller subdivisions. The other scenario was there was an option that the Board could adopt an ordinance that allowed them as a single-family residence, which he found quite concerning. If the Board entertained that idea, Exhibit A in the map was the Firebird Circle area, which had a bunch of lots that were 3,920 feet and would only accommodate a manufactured home. Water and sewer was also just completed in that area. The third option would be to designate at least one zoning district that would allow for a tiny home park. There was a section of the Code that applied to park model parks with different development standards, beautification requirements, and density requirements.

Commissioner Boskovich

agreed with the third option.

Commissioner Carbone

thought option three seemed to be the most effective. April 18, 2023 44. For Possible Action Discussion, deliberation and direction to staff to prepare a draft Bill for the zoning of tiny houses-Cont’d.

Commissioner Jabbour

asked if the Board chose to go with option 3 if somebody could put an accessory building in.

Mr. Waggoner

said today if it was an RV, which was kind of what he considered the tiny homes on wheels, it could be done. It just required a temporary use permit. They could also be required to prove some type of a hardship, but the word was may be required, not shall.

Commissioner Cox

asked if she could rent property to someone to park these on.

Mr. Waggoner

said per the Code, if there was a connection to water and sewer a person in an RV could stay on the property up to 120 days in a calendar year, but someone could not move onto someone else’s property in an RV permanently as that required building permits and the payment of permit fees. Helene Williams suggested the Board look at the 12,000 tiny homes California was in the middle of purchasing. They had no bathroom facilities, no sinks or showers, and would be put on a lot. There would be community bathrooms and showers. She asked the Commissioners to be careful with the definition of a tiny home. Ms. Williams agreed with option three as it gave the Board a lot more jurisdiction, authority, and control. Darrell Lackey said tiny houses were basically sheds and not functional. Kathy McKenna thought this was a great opportunity to get better housing in the community. Lee McKenna thought it would be one-sided to limit it to one of the scenarios. He encouraged the Board to adopt all three scenarios to allow the most flexibility while still allowing the County to have some control. Edward Bevilacqua stated he was authorized by Boxables to say they would bring a unit up for people to look at it. Tim Bohannon felt this would allow more freedom of choice options and diversity. Ammie Nelson suggested the Board combine all three options. Regarding option two, Commissioner Strickland noted that Firebird Circle was shovel ready, but it was currently improperly zoned.

Mr. Waggoner

said to go with that option a new zoning district would have to be created. April 18, 2023 44. For Possible Action Discussion, deliberation and direction to staff to prepare a draft Bill for the zoning of tiny houses-Cont’d.

Commissioner Jabbour

said SB5O read the governing body of the city or county was to authorize tiny houses in certain zoning districts, not just one. He thought what was mentioned was the Board had to at least consider one, but also at the same time according to the bill would be able to consider all three.

Mr. Waggoner

said the Board could consider all three, but the bill said the governing body of a population with 100,000 or more or 150,000 or more shall adopt zoning for tiny homes that designated at least one zoning district. Laura Larsen wondered if the area being considered was at Highway 160 and Highway 372 at Dandelion.

Commissioner Cox

said that was what was suggested to the Board.

Ms. Larsen

said if that was going to be done she would suggest the Board do all three so there were options and consider putting them in different locations.

Mr. Waggoner

cautioned the Board with the single-family use as he thought that would create issues. These were for temporary living and had to remain on wheels and be highway ready. He reminded the Board only one option was needed to comply with the NRS.

Commissioner Carbone

was concerned about what effect on property values tiny homes would have in an area of stick built homes.

Commissioner Cox

pointed out these would not help the homeless. She also had a problem with the suggested location as it was prime commercial property and she wondered if anyone had thought about the tax revenue if a hotel was built there compared to a tiny home park.

Mr. Waggoner

said that area would never be commercial. He explained the only reason that area was looked at was because the lots were so small and there was not much that could be done with them.

Commissioner Boskovich

made a motion to recommend staff prepare a draft bill following option three, which designated at least one zoning district in which a tiny house may be located in a tiny house park; seconded by Commissioner Strickland.

Commissioner Carbone

thought the motion should include option one also.

Commissioner Strickland

did not think the Board was prepared for that. She asked to have that come back so the Director could show where those homes would end up since there were requirements for that scenario. April 18, 2023 44. For Possible Action Discussion, deliberation and direction to staff to prepare a draft Bill for the zoning of tiny houses-Cont’d.

Commissioner Boskovich

was not comfortable adding option one to the motion.

Commissioner Strickland

added she was also not willing to move forward with option one. Right now she would just like to meet the State requirement and see what the County got with the tiny home park.

Commissioner Carbone

made a motion to set a time, date, and location for the public hearing on Bill No. 2023-02 as May 2, 2023, at 10:00 a.m. in Tonopah; seconded by

Commissioner Carbone

read the title of the bill into the record.

48. For Possible Action Discussion and deliberation regarding a request from

Commissioner Strickland

questioned if the County could give property away. Lorina Dellinger said the County could, and an item would come forward if the Board supported transferring this property in the form of a resolution with a deed attached. This item was just to get direction from the Board. Brian Kunzi said he had concerns as well. The item was to facilitate their construction. They could be granted access to the property without giving them the property and he thought other options should be explored. There were also issues with the hospital district and to simply give them the property without more exploration Mr. Kunzi thought would be problematic. Tim Gamble, vice chair of the hospital district, stated it was the consensus of the consultants that it would be difficult for them to place into an RFP development of a property the district did not own. This would also facilitate the rehabilitation of the flood channel that ran in front of the hospital. He reminded the Commissioners that without compensation or any further issue they deeded the hospital property itself to the hospital district. This piece of property was part of the same holding of Nye Regional Medical Center that had been basically subdivided. Mr. Gamble also anticipated the hill behind the hospital would need to be rehabbed, which would impact this parcel as well.

Mrs. Dellinger

clarified the County had always owned this property.

Commissioner Strickland

said there was a hospital that needed to be demolished that did not reside on this property.

Mr. Gamble

said that was correct. This property was immediately adjacent to the south. The hospital itself was currently accessed by a single driveway over a FEMA flood zone that ran along the highway. That particular flood channel as well as a couple of other things within the area of the driveway itself would need to be rehabbed.

Commissioner Strickland

said she would appreciate having more back-up material and that the District Attorney look at it further to come up with a solution other than deeding it over to the hospital district without compensation.

Commissioner Jabbour

asked Mr. Gamble to provide additional back-up to the District Attorney. April 18, 2023 48. For Possible Action Discussion and deliberation regarding a request from the Northern Nye County Hospital District requesting the transfer of Nye County property to the Northern Nye County Hospital District, a political subdivision; for the property located at 825 S. Main St., Tonopah, NV, Assessor’s Parcel Number 008-261 -56 pursuant to NRS 277.053-Cont’d. When Mr. Gamble asked what else he should provide, Commissioner Carbone asked him to get with the District Attorney to figure that out.

Commissioner Strickland

made a motion to continue this item; seconded by

Commissioner Carbone

. Ammie Nelson did not agree with just handing the property over and felt more information was needed. Tim Bohannon agreed with having the District Attorney look into it, but he thought making sure there was a viable hospital in the area was extremely important. Brett Waggoner said if access was what they were trying to gain, something that did not require Board action was a cross access easement which had to be recorded.

Commissioner Carbone

asked about a date to bring it back.

Mr. Kunzi

suggested leaving it open-ended so he could get everything worked out with the hospital district.

50. CommissionerlManager Comments (This item limited to announcements or

Commissioner Strickland

said she needed Elizabeth Jordan’s help. The Pahrump Arena Advisory Committee had gotten copies of the different budgets and accounts they had and she would like clarity before she explained it to them.

Commissioner Boskovich

said he talked to Tim Sutton briefly about a shortage the museum was going through. He thought it was around $10,000.00 annually. Mr. Sutton said he would talk with Ms. Jordan to see if they could do something about that.

Commissioner Cox

said the museum talked to her too and they were looking at an augmentation. She suggested they talk with Mr. Sutton personally and give him a little more clarification of what they were looking for. She also learned they were eligible for grants. Elizabeth Jordan said Finance could assist them with grants, but they would need to find them. As to their funding, a portion of the tax rate was allocated to the museum. If they could not sustain within the budget they currently had an augmentation would be required from the general fund or a change in the tax rate could be considered.

Commissioner Carbone

said the biggest question was why they needed it.

Commissioner Cox

thought inflation had hit them hard, and they probably could use part- time staffing.

Ms. Jordan

said she would reach out to the museum.

Commissioner Carbone

asked staff to look at the possibility of moving the Carvers Arena under Had ley.

Commissioner Jabbour

noted it was outside of the town boundaries of Hadley. Mark Kampf said about eight months ago there was a lot of discussion about electioneering laws with the Commission and the need for clarity. About a year from now there would be candidates actively campaigning so it was time to get that dealt with and he highly recommended having an agenda item to address that. ______________day April 18, 2023

51. ADJOURN

Commissioner Jabbour

adjourned the meeting. APPROVED this ATTEST: Of , 2023. Chair untyutyZ