Public meetings / Board of County Commissioners
May 16, 2023
96 turns, 96 with a named speaker, under 7 agenda items. The words and the names are the county clerk's.
2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action
Commissioner Carbone
for going to the Flagman’s funeral services and felt the Flagman was an icon in the community. She then talked about SB354 and SB355, which were about gun control, as well as AJR6 which would change voting to the popular vote only.
Ms. Nelson
felt people needed to speak out about that one. Michael Little said he had come before the Board on two occasions regarding Justice of the Peace Michele Fiore. He had given the Commissioners a certificate that showed she was in violation of the law, but nothing had occurred. Mr. Little stated he was filing a lawsuit against the County because there had been no response. He asked the Commissioners to look into Ms. Fiore as she was flagrantly violating the law. Erika Gerling was present in Beatty. Joe Opatik said he recently came on board with Lakeview as the events coordinator and told the Board about some of the things that they were trying to get accomplished, such as expanding the menu, opening the course up to social fundraisers, a program for school children called First Tee, and stay and play packages. James Peter talked about a squatter on property across from his property who had been there for six years. She had been given an ultimatum to leave the property by June 2, 2023. The residents wanted to participate in the clean-up of the property and would like the County to put a couple of drop boxes on the property that the residents could fill up to be taken to the dump. Tim Bohannon said the Pahrump High School boys varsity baseball team were in the State playoffs. They would play on May 18, 2023, against Churchill County. Linda Walters said he was present to support Mr. Peter. She also lived directly across the street from the squatter. The residents would really like the Commissioners’ help to remove the squatter and the residents of the whole street were volunteering to clean it up once the squatter was gone. Diane Southworth provided an update on the community outreach meeting as well as upcoming events. May 16, 2023 2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (FIRST)-Cont’d. Darryl Lackey talked about the tiny home discussions and felt nothing the Board was doing was solving the problem of homelessness, but his program would. Dwight Lilly wondered if it was time have an autonomous town board in Pahrump again due to the recent decisions about tiny homes, a 34% chronic absenteeism rate on the School District report card, and the Commissioners allowing marijuana in the town. He felt the Commissioners had too much on their plates. Tom Waters asked to have staff look into a way to remember Ron Frazier as he did so much for the town. Mr. Waters advised he was the one who took care of the veterans’ section of the Pahrump Life Magazine and was always looking for stories from the veterans. If anyone had a story he asked that they contact him or the Pahrump Life Magazine. He then mentioned the banners on Calvada were in disarray at this point, but they were being worked on, and August 7, 2023, was Purple Heart Day. Miss Shuey talked about the tiny homes and wondered why the people could not vote on the issue.
3. Commissioners’IManager’s Comments (This item limited to announcements or
Commissioner Cox
suggested he approach Charlie Kulken for a story.
Commissioner Boskovich
said he was not a fan of the way the Commissioners voted on the tiny homes item, but it was the most benign way they could have voted to keep control and design standards on a project like that. As to the squatter situation, he thought the Board needed to be really, really careful and not incentivize that more than they should. Commissioner Boskovich then stated he was absolutely against solar projects and if there was a way to fight back against the BLM and keep them out he would absolutely do that.
Commissioner Strickland
also addressed the squatter situation. She understood there were several vehicles there which would be a problem because the County did not have titles. The Commissioners also had no jurisdiction over the squatter’s personal property that was left behind and it would be up to the property owner to come up with a solution for that. Regarding Mr. Little’s statement about not responding to his ideas, May 16, 2023 3. Commissioners’IManager’s Comments (This item limited to announcements or topiciissues proposed for future workshopslagendas)-Cont’d.
Commissioner Strickland
stated the Commissioners could not address him once litigation was started Planning Director Brett Waggoner said the direction given to staff on the tiny homes issue was to write an ordinance to allow tiny homes where today park model homes were allowed in a park-type setting. It had nothing to do with the single-family lots. Also, the tiny homes had absolutely nothing to do with addressing the homeless situation in town because of the cost of the homes. He advised an ordinance would be brought forward probably on the June 27, 2023, agenda to set the date and time for the public hearing. Regarding the Ambler situation, Mr. Waggoner said it was being addressed, but people had to understand the County’s recourse was with the property owner, not with the person trespassing or squatting or anything on that property because they may have been given permission to be there. This particular property owner had been difficult to get a hold of and locate. Tom BoIling discussed the negative results of not having an updating plan for fleet. There were high mileage outdated vehicles throughout the County and multiple departments needed to have some of their vehicles replaced immediately. Finance reported there was no money for capital again this year and there probably would not be for the next couple of years. Grants were being looked at for dollars in every aspect, but as of right now nothing had been found that the County would qualify for. The County needed to figure out where the money could come from and Mr. BoIling suggested putting other projects on hold to use some of that money. Mark Kampf reminded the citizens that he was looking for people to fill the committees for the five-cent diesel tax ballot question that would be on the ballot in November, 2024, to prepare arguments for and against the tax. People could reach out to the Nye County Clerk’s Office at (775) 482-8127. Public Information Officer Arnold Knightly said staff had been sending information through public records requests to Transparent Nevada, which was run by the Nevada Policy Institute. The information for 2021 was sent to them on September 19, 2022, and they again asked for 2020-2021 on March 2, 2023, and on May 1, 2023, they asked for 2022. It was a different person each time with that organization and the County had no control over them posting it. Pahrump Buildings and Grounds Manager Jimmy Martinez advised that the Movie in the Park was ready to go with the first movie on June 3, 2023, at Ian Deutch Park, which would run for ten weeks. The first movie would be the Lion King.
27. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation
Commissioner Carbone
made a motion to continue items 7, 14, 21, 23, 25, and 27 to the May 31, 2023, meeting; seconded by Commissioner Strickland; 5 yeas. 8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on ZCMP-23-4: An application for a Zone Change to change a 1.82-acre portion of a 10.43-acre parcel from Specific Plan (SP) to Neighborhood Commercial (NC) for property located at 4779 E. Mountain Falls Parkway, Pahrump, NV. Assessor’s Parcel Number 045-021-74. Mountain Falls, LLC Property Owner Taney Engineering ApplicantlAgent. Brett Waggoner explained there had been an RV on this property for quite some time which was meant to be a temporary situation while they were trying to find a developer for an RV storage/mini-storage adjacent to Mountain Falls. Temporary permits had been issued on a year or two basis and the renewal was coming up. The agreement was if the applicant did not have a permanent plan by now the County would require a zone change to designate the land use. That was basically all they were asking to do. It was before the RPC on April 12, 2023, and it was recommended for approval to this Board. There was also a conditional use permit that was approved contingent on the zone change for that use of the property.
Commissioner Jabbour
pointed out the temporary permit would expire August 7, 2023, as shown in the back-up and asked if that was the correct date.
Mr. Waggoner
said that was referring to the temporary use permit that they were currently operating on and they were trying to get this done before that expiration date.
Commissioner Jabbour
asked how far out it was being moved. May 16, 2023 8. 10:00 a.m. For Possible Action — — Public Hearing, discussion and deliberation on ZCMP-23-4-Cont’d.
Mr. Waggoner
said a time was not really specified because it would be required to go through site development and the applicant did ask for a waiver of landscape requirements.
Commissioner Strickland
made a motion to approve ZCMP-23-4 based on the RPC and staffs recommendations and findings and subject to all conditions as outlined in the staff report; seconded by Commissioner Boskovich; 5 yeas. 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to issue an Outdoor Festival License to Kelli Sater for the Pahrump 4th of July Redneck Pool and BBQ to be held July 4, 2023, at Petrack Park located at 150 N. Highway 160, Pahrump, NV. Kelli Sater, the owner of what was previously called the Bearded Lady Saloon, said one thing she used to do there was hold the barbecue thing. When she changed the name and the concept of the bar the one major question was what about the redneck party. If this was approved her plan was to move it to the park. It had actually grown pretty big to the point she could not fit it in the bar’s parking lot.
Commissioner Strickland
asked Ms. Sater if she had been working with staff to make sure her event could co-exist with the 4 of July events, to which Ms. Sater responded yes. Jimmy Martinez said Ms. Sater had been working closely with them.
Commissioner Jabbour
opened and closed the public hearing.
Commissioner Carbone
made a motion to approve; seconded by Commissioner Boskovich; 5 yeas. 11. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to issue an Outdoor Festival License to Kelli Sater for the Pahrump Balloon Festival to be held April 12-14, 2024, at Petrack Park located at 150 N. Highway 160, Pahrump, NV. Kelli Sater advised she heard that the previous person hosting the balloon festival was not going to be hosting it this next year so she wanted to take the opportunity to host it herself through her non-profit. The event had been going on in this community for so many years and she would hate to see it disappear.
Commissioner Strickland
asked if she would use the arena facilities, to which Ms. Sater responded no. May 16, 2023 II. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to issue an Outdoor Festival License to Kelli Sater for the Pahrump Balloon Festival to be held April 12-14, 2024, at Petrack Park located at 150 N. Highway 160, Pahrump, NV-Cont’d.
Commissioner Jabbour
asked if the event would conflict with anything else scheduled at the park.
Ms. Sater
said it did not as far as she knew.
Commissioner Jabbour
opened and closed the public hearing.
Commissioner Carbone
made a motion to approve the outdoor festival license for the Pahrump Balloon Festival; seconded by Commissioner Cox; 5 yeas. 12. 10:00 a.m. Presentation by Misha Allen and Hayley Maio Extension Educators regarding the Fiscal Year 2022-2023 Third Quarter Report for University of Nevada, Reno (UNR) Extension in Nye County. (10-minute time limit) Haley Maio and Misha Allen presented the FY2022-2023 third quarter report for the UNR Extension. 13. 10:00 a.m. For Possible Action Presentation by Sharen Black with the — — Cotillion For Success Program, regarding program status, outcome results, a budget status report and future goals pursuant to the Nye County COVID Relief Program and Policy: Public Assistance. (10-minute time limit) Contracts and Grants Manager Stephani Elliott advised staff had been in communication with Sharen Black via e-mail. Ms. Black indicated she would attend the meeting by phone. Sharen Black and Janice Seley were present via telephone. Ms. Black stated with the money they were given they created ten 20-minute video lessons and a manual with step-by-step instructions that would enable all students in Nye County from all the schools to create a successful continuum.
Commissioner Strickland
thought the Commissioners would receive something on a hard disk so they could disseminate it themselves, but Tim Sutton indicated with a head shake that had not been received.
Ms. Black
said the manual explained in great detail exactly how the nomination process worked. It was targeted to fourth graders and the following year as fifth graders they became mentors for the fourth graders. The importance of this was not that one person led it, but that it was sustainable. The production could be used for thousands and thousands of students over many years about manners and etiquette. Ms. Black said all they needed to do with the program was add a dance instructor each year. May 16, 2023 13. 10:00 a.m. For Possible Action Presentation by Sharen Black with the — — Cotillion For Success Program, regarding program status, outcome results, a budget status report and future goals pursuant to the Nye County COVID Relief Program and Policy: Public Assistance. (10-minute time limit)-Cont’d.
Mr. Sutton
explained the initial contract with Cotillion For Success was pretty loose in terms of what the actual deliverables were going to be. There were ten videos that were specifically required. There was some discrepancy about what the exact content was supposed to be. That was sent to Finance who reviewed it and had been in correspondence with Ms. Black. Mr. Sutton did not believe there were any outstanding items, but that could be verified Ms. Elliott.
Ms. Elliott
stated they did receive a progress report detailing some of the information that was being discussed today, but it did not look like all of it was included in the back-up. There was a previous meeting where the same back-up was provided, so nothing had been changed. This grant agreement was signed in 2021 and to date Finance had not received any financial information from the grant applicant so they did not know how they spent their funding.
Ms. Black
agreed they had done a poor job of giving an update on the financials. She said they were working on getting all of the records to Finance. The goal was to have everything done by the end of May, 2023.
Commissioner Boskovich
asked if a documentary was supposed to be submitted.
Ms. Black
explained there was a short documentary. She asked Mr. Sutton how long it should be, but never heard anything back, so the discussion was it would be 52 minutes.
Commissioner Boskovich
stated his issue with this whole situation was that a lot of people who received these funds had abused that and not produced what they said they were going to. He felt like that was what he was kind of seeing with this. The County provided $260,000.00 and got one dance and no video.
Commissioner Cox
asked who Janice Seley was and when she entered the picture.
Ms. Black
said Ms. Seley’s bio was included in the proposal submitted. She had 49 years of teaching experience.
Commissioner Cox
did recall anything about Ms. Seley in the documents. She understood the documentary to be an hour long minus some kind of commercial time, which brought it down to 52 minutes. It was supposed to be a documentary done on all of Nye County so it could be used over and over and over, but only four minutes of that was received. She voted on this based on things in the contract and she did not feel the County got its money’s worth. She had received complaints from some of the people that Ms. Black did not pay them so Commissioner Cox had big concerns about this whole thing. She also pointed out that the CDs given to the County had things on them May 16, 2023 13. 10:00 a.m. For Possible Action Presentation by Sharen Black with the — — Cotillion For Success Program, regarding program status, outcome results, a budget status report and future goals pursuant to the Nye County COVID Relief Program and Policy: Public Assistance. (10-minute time limit)-Cont’d. that the County could not use as they were inadequate for young children.
Commissioner Ccx
did not feel there was justification for the $260,000.00. The financials needed to be done in 30 days and if not received within 30 days the Board would proceed from there.
Commissioner Strickland
advised that Ms. Black went to the School Board and asked for an additional $43,000.00 to finish the County’s documentary that was already promised. Apparently the documentary received was not really what the County was going to get in the first place, and now more money was requested out of the School Board to complete it so Commissioner Strickland was not happy with that. She was also not happy with the fact there were not hard copies for all the modules.
Commissioner Cox
said part of that money ended up being spent for this same program in Clark County, which really concerned her since this money was given to Ms. Black to take care of a program here in Nye County. Not once did Ms. Black ever mention spending any of this money in Clark County.
Commissioner Jabbour
stated the County wanted the financials in order for Ms. Black to be compliant with this money and said he was putting gentle pressure on Ms. Black to provide that information.
Ms. Black
explained she went before the School Board for a train the trainer program, not to ask for additional money for this program. It would be in-service with the teachers in Nye County so they could use this program because it was designed to be just pushed and played. It was also kind of like a cookie cutter program where anybody could institute it by providing their own dance instructor. Everything else was available in the video modules. The manual was on-line, so it could be easily printed.
Commissioner Jabbour
asked if the School Board gave them the money.
Ms. Black
said no because they were told all of the staff development time was already spoken for so it was not possible to do that program. Pat Minshall asked if the fourth graders in Amargosa and Betty got this program.
Ms. Black
said they had not gotten the program. In order to produce a sustainable program it had to be created, which was what they did, and now it could be disseminated to each of the schools.
Ms. Minshall
said she was not pleased because she did not think that it was made available. May 16, 2023 13. 10:00 am. For Possible Action Presentation by Shareri Black with the — — Cotillion For Success Program, regarding program status, outcome results, a budget status report and future goals pursuant to the Nye County COVID Relief Program and Policy: Public Assistance. (10-minute time limit)-Cont’d. John Shewalter said when this matter first came to the Board he was against it. If he understood correctly, there were fourth-graders the program was provided to and according to Commissioner Cox the DVDs had language in them that was inappropriate for fourth graders through a program that was supposed to teach them etiquette. They did one dance, a conga, and Mr. Shewalter did not remember conga being part of ballroom dance programs. Now it was learned they were in breach of their contract. Mr. Shewalter hoped if this ever came before the Board again that Mr. Boiling would receive the new vehicles he needed instead of foul language lessons to a bunch of fourth graders. He thought the District Attorney could recover the funds through a breach of contract action. Ammie Nelson said she was highly incensed that the County was duped in this fashion. She felt the money should be retracted and the program stopped immediately. Darryl Lackey said he was kind of shooting for about the same kind of money for his program to end homelessness and poverty. He said he could provide a documentary in one week. Dwight Lilly thought the funds should be gotten back because he could think of a lot of potholes that could be filled with the money. Herman Lewis said he did not know what the proper chain of authority was, but he felt this should probably ultimately go to the District Attorney’s Office for a fraud investigation. Michael Lach said at this point in time obviously they did nothing or very, very little with regard to the contract that they signed. He thought it was about time that the Commissioners held somebody to their contract and have the District Attorney fight to get this money back for better uses within the County. Brian Kunzi took this opportunity to advise the verdict came in on the Cathedral murder trial, It was guilty on all counts, first degree murder and first degree kidnapping with a deadly weapon. His office had now gotten convictions on all three individuals involved and he was very proud of the fact they were able to take this case on and in a few months be able to get such a successful outcome. May 16, 2023 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 15. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2023 Public Safety Sales and Use Tax (PSST) plan for the Town of Pahrump. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 22. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the updated Fiscal Year 2023 Public Safety Sales and Use Tax (PSST) plan for the Town of Beatty. GABBS 24. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the updated Fiscal Year 2023 Public Safety Sales and Use Tax (PSST) plan for the Town of Gabbs. MANHATTAN 26. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the updated Fiscal Year 2023 Public Safety Sales and Use Tax (PSST) plan for the Town of Manhattan. SITTING AS THE BOARD OF COUNTY COMMISSIONERS SHERIFF
33. For Possible Action Discussion and deliberation to adopt, amend and adopt,
Sheriff McGill
presented the Sheriff Office’s PSST spending plan for the upcoming fiscal year. Fire Chief Scott Lewis stated his support the PSST plan presented by the Sheriff as it also added benefit to the fire department. Dwight Lilly said he 100% supported the programs and asked the Board to support them as well. May 16, 2023 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 15. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect the Fiscal Year 2023 Public Safety Sales and Use Tax (PSST) plan for the Town of Pahrump-Cont’d. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 22. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the updated Fiscal Year 2023 Public Safety Sales and Use Tax (PSST) plan for the Town of Beatty-Cont’d. GABBS 24. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the updated Fiscal Year 2023 Public Safety Sales and Use Tax (PSST) plan for the Town of Gabbs-Cont’d. MANHATTAN 26. Far Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect the updated Fiscal Year 2023 Public Safety Sales and Use Tax (PSST) plan for the Town of Manhattan-Cont’d. SITTING AS THE BOARD OF COUNTY COMMISSIONERS SHERIFF 33. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the updated Fiscal Year 2023 Public Safety Sales and Use Tax (PSST) plan for Nye County-Cont’d. John Shewalter said he liked the camera idea in the plan. He asked if they would help an officer to witness what was going on. He also asked how the camera was terminated so the Sheriff’s Office no longer had access to his phone.
Sheriff McGill
explained when the caller hung up the call would terminate. Michael David Garcia felt cameras were needed in the courtrooms.
Commissioner Carbone
made a motion to adopt the Public Safety Sales Tax plans as noted for the Town of Pahrump, item 15, and for Nye County, items 22, 24, 26, and 33; seconded by Commissioner Strickland; 5 yeas. May 16, 2023 PUBLIC PETITIONER
46. For Possible Action Discussion and deliberation to approve a waiver of Nye
Commissioner Strickland
made a motion to approve; seconded by Commissioner Carbone; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 20. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject an Agency Agreement with BTMC LLC., dba Brain Trust Marketing & Communications in the amount of $72000.00 for the purpose of providing public relations, event marketing, media planning and buying, creative design services, brand development and positioning strategy through December 31, 2023; 2) Execute the agreement; and 3) Fund from 25222 Pahrump 315 Tourism. Town of Pahrump Tourism Director Arlette Ledbetter introduced Kurt Ouchida, the president and co-founder of Brain Trust, and James Horton, chairman of the Pahrump Tourism Advisory Committee. Ms. Ledbetter said Brain Trust had been their agency of record as of 2014. During the pandemic they had to do some cost reductions so they took those unkind measures that they had to take to stay within budget. She said they would like to bring them back on as their agency of record. Ms. Ledbetter reminded the Board that from 2014 to 2019 they were able to increase the room tax with all of the joint efforts and Brain Trust definitely had a major part in that.
Commissioner Cox
asked if the $72,000.00 was for a year or a month or six months.
Ms. Ledbetter
said it was a calendar year of service, so 12 months starting today. May 16, 2023 20. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject an Agency Agreement with BTMC LLC., dba Brain Trust Marketing & Communications in the amount of $72,000.00 for the purpose of providing public relations, event marketing, media planning and buying, creative design services, brand development and positioning strategy through December 31, 2023; 2) Execute the agreement; and 3) Fund from 25222 Pahrump 315 Tourism Cont’d.
Commissioner Boskovich
said there had been a discussion about Ms. Ledbetter potentially providing the Commissioners with some sort of a report maybe once a month or something so they could track the results to make sure they were getting the wanted results.
Ms. Led
better said she would be happy to do that.
Commissioner Strickland
asked to put some focus on the Lakeview Golf Course. Purchasing and Contracts Administrator Honey Strozzi stated it was her understanding that this was going to be backdated to January 1, 2023. However, she heard the request that the begin date be today so that needed to be clarified for the record. Dwight Lilly pointed out there was no plan for the $72,000.00 in the back-up. He did not want that spent simply promoting a golf course that had never really gone anywhere anyway. Ammie Nelson said she used to create a lot of Web pages with Microsoft Publisher. She said the County’s IT Department was fully capable of doing all of this work for the tourism board. She thought the money could be given to the IT Department and the tourism board to create programs more refined to the needs.
Commissioner Carbone
suggested anyone who had issues or did not understand go to the next tourism board meeting to get a full understanding of the whole process.
Commissioner Cox
pointed out the County IT Department did not do those types of things.
Mr. Horton
advised the next meeting of the advisory committee would be 8:00 a.m. on July 1 3, 2023, at the Veterans’ Memorial Building at the Chief Tecopa Cemetery. The meetings were typically the second Thursday of every other month and agendas could be found on the town or County Web site.
Commissioner Strickland
made a motion to amend, execute, and fund from 25222 Pahrump 3/5 Tourism, the amendment being May 16, 2023, to May 17, 2024; seconded by Commissioner Carbone; 5 yeas. May 16, 2023 PLANNING/BUILDINGICODE COMPLIANCE 41. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-15: A Resolution to Continue with a Temporary Moratorium on Renewable Energy Generation Facilities. Brett Waggoner advised six months ago he was before the Board asking for a resolution for a temporary moratorium of six months, which expired yesterday. The purpose of that was to allow him to do some outreach with the towns. Workshops were held with the Tonopah, Beatty and Amargosa town boards because that was where the majority of the applications were being submitted for. He was asking the Board for an extension because they had not really nailed down what the changes were going to be. With what he had heard, the direction he was going in right now was pretty much a simplistic approach that would still allow the opportunity to address specific concerns with specific locations instead of trying to come up with a one size fits all for the whole County. That would more or less be a simple requirement for a development agreement. Mr. Waggoner pointed out language had been added to the resolution stating the Nye County Planning Director would have a one-time authority to distinguish the moratorium adopted by this resolution prior to the expiration of the six months only upon the Nye County Board of County Commissioners adopting an ordinance regulating renewable energy projects if an ordinance was developed before the six months was over.
Commissioner Strickland
stated she was also working with the District Attorney looking at what parameters the County had to operate within with the regulations on federal land. Michael Fender hoped the Board would extend the moratorium until enough reliable information was received. Chris Dancy, part of the renewable energy development team at NV Energy, said NV Energy was moving forward with the renewable energy initiative that would transform the clean energy landscape, create thousands of jobs, and promote economic development. NV Energy was also on its way to achieving the State’s renewable portfolio standard of 50% by 2030 and carbon neutral by 2050. Nye County contained high quality solar resources which made it a suitable location to build economical solar assets to serve the people of Nevada. Mr. Dancy said they had already been working with local communities, for example the Amargosa Town Board, to gain input on how to mitigate local concerns around future development. If the moratorium was extended, Mr. Dancy said NV Energy would ask for an exemption allow NV Energy to finalize work with the local community and then submit its application to negotiate a development agreement with Nye County. Clay Jensen, representing Canyon Mesa Solar, said they had an existing development agreement with Nye County for an 18 megawatt solar project to be built in the extreme south edge of the Pahrump Regional Planning District. They were in the process of preparing an application to modify the existing application for that project which they believed would be exempt from the moratorium. May 16, 2023 41. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-15-Cont’d. Kevin Emmerich stated his support of extending the moratorium. Steven Scow, the attorney for the land owners that could not come today, stated there were several land owners that came to speak related to the Canyon Mesa Solar project. It was a privately owned area of land of about 1,100 acres that had been in the Wiley Family since the 1950s. Mr. Scow said they were asking to be considered unique. He provided eight letters, one of which was from Roland John Wiley, the son of Roland Wiley, stating this land had been in his family for more than 80 years. It was more than five miles away from the nearest residential property because it was hard-zoned for light industrial, which would allow a commercial power plant. Mr. Wiley asked to have any temporary or permanent bans exclude the Hidden Hills Ranch land so that his land could be used as part of an expanded solar farm. Joyce Barishman said she did not live far from the solar farm just spoken about. She was against these types of projects and said there were many people who felt the same way. She also pointed out there was not enough water to support the projects. Dee Mounts wondered why the moratorium could not be extended for a year. She agreed there was not enough water for the projects. Darryl Lackey said if the solar panels were not facing the sun they would not put out the rated power. When the sun was tracked the power output was higher. John Shewalter said he wanted to see the beautiful desert preserved and not prostituted out for some money or energy that the residents may or may not have the ability to buy. Ammie Nelson stated her support of an extended moratorium. Mary Christensen said she was involved the CMS project. She had some land that was already approved for solar as well as other land right nearby it that she would like to have used for solar that was already approved for light-industrial. The land had been in her family for over 40 years and Ms. Christensen said they did not want to lose the opportunity to develop it in a way that they wanted to. Herman Lewis did not want solar farms anywhere near the Town of Pahrump. Linda Ekins stated it was time to put the Wiley privately owned land to the highest and best use, which was solar development. Dwight Lilly said he loved solar, but the place for it was at the Nevada Test Site. May 16, 2023 41. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-15-Cont’d. Eddie Jim wanted to know what would happen to the Native American cemetery in the area of the project. He said the moratorium needed to happen and he would like it to be permanent. Assessor Sheree Stringer said she was in favor of the moratorium because of the tax abatements that were allowed on these projects. Helene Williams, chair of the Nye County Water District Governing Board, advised at their June 13, 2023, meeting there would be an agenda item to talk about the water in Basin 162 and the effect solar projects would have on it. She asked the Board to extend the moratorium. Laura Larsen felt the extension of the moratorium needed to be done. Brian Karn, representing the Wiley Family and a landowner out there for over 30 years, asked that they be excluded from any ban on future solar use so they could use their land as part of an expanded solar farm. Michael David Garcia felt it was audacious to have County officials chime in and put the economical gains over safety. Property rights were the foundation of all rights. Regarding the tax abatements mentioned, Mr. Waggoner said there was nothing the County could do about that, but one of the thoughts was perhaps the County could get some compensation for some of what it would lose through a development agreement.
Commissioner Boskovich
said they did not to put it out in places like the test site because they did not want to pay for the line extensions. Las Vegas did not want it and told them to go to the Pahrump line. He said solar farms destroyed the land and the County did not need it. He apologized to the landowners.
Commissioner Strickland
made a motion to extend the moratorium for six months as recommended; seconded by Commissioner Boskovich.
Mr. Waggoner
clarified the moratorium was being continued, not extended, as the other one expired yesterday.
Commissioner Strickland
amended her motion to adopt Resolution No. 2023-1 5, a resolution to continue with the temporary moratorium on renewable energies for six months; Commissioner Boskovich amended his seconded; 5 yeas. The Board was in recess until 3:20 p.m. May 16, 2023 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 16. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Arena Advisory Committee from the following list of applicants: Kamaljit Sinqh Mann, Loyce Seastrunk, and Robert Tibbits; and/or 2) Direct staff to re-advertise for the appointment.
Commissioner Strickland
made a motion to appoint Robert Tibbets for a term to expire January, 2025; seconded by Commissioner Boskovich; 5 yeas. 17. For Possible Action Discussion and deliberation to: 1) Appoint two members to the Pahrump Off Highway Vehicle Park Advisory Committee from the following list of applicants: Charles William Ballew Jr., Ryan Williams; and/or 2) Direct staff to re-advertise for the appointment.
Commissioner Strickland
made a motion to appoint Charles William Ballew and Ryan Williams to a term expiring January, 2025; seconded by Commissioner Boskovich; 5 yeas. 18. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Veterans Memorial Advisory Committee from the following list of applicants: Gerard N. Dumont; andlor 2) Direct staff to re-advertise for the appointment.
Commissioner Carbone
made a motion to appoint Gerard Dumont for a term ending January, 2025; seconded by Commissioner Strickland; 5 yeas. 19. For Possible Action Discussion and deliberation to: 1) Appoint two members to the Pahrump Nuclear Waste & Environmental Advisory Committee from the following list of applicants: Cheryl Varkalis, Dma Williamson-Erdag; andlor 2) Direct staff to re-advertise for the appointment.
Commissioner Boskovich
made a motion to appoint Cheryl Varkalis and Dma Williamson-Erdag to the term expiring January, 2025; seconded by Commissioner Strickland; 5 yeas. May 16, 2023 SITTING AS THE BOARD OF COUNTY COMMISSIONERS 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. 28. 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 Strickland
made a motion to approve items 28-29; seconded by
Commissioner Boskovich
; 5 yeas. 29. For Possible Action — Approval of the meeting minutes from the joint meeting on February 22, 2023.
Commissioner Strickland
made a motion to approve items 28-29; seconded by
Commissioner Boskovich
; 5 yeas. BOARD OF COMMISSIONERS 30. For Possible Action Discussion and deliberation to reschedule the date for the second Board of Commissioners meeting in June for Tuesday, June 27, 2023, in Pahrump, NV.
Commissioner Strickland
made a motion to approve; seconded by Commissioner Carbone; 5 yeas. DISTRICT ATTORNEY 31. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Bill No. 2023-08: A Bill proposing to amend Nye County Code Chapter 9.25, Titled Offender Registration; Monitoring and Verification Fees, Section 9.25.040, titled Definitions, by deleting references to recurring fees; Providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.
Commissioner Strickland
made a motion to set the date, time and location for 10:00 am. on June 27, 2023, in Pahrump; seconded by Commissioner Carbone. Tim Sutton read the title of the bill into the record. May 16, 2023 31. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Bill No. 2023-08-Cont’d.
Commissioner Carbone
made a motion to ratify the County Manager’s signing of the document on May 5, 2023; seconded by Commissioner Strickland; 5 yeas. SHERIFF 34. For Possible Action Discussion and deliberation to issue a Display Fireworks Event Permit to the Town of Tonopah for an Aerial display at their annual 4th of July Event on Tuesday, July 4, 2023. This event is being held at the Joe Friel Sports Complex in Tonopah, NV. Jennifer Mills is the Applicant.
Commissioner Cox
asked why this had to be done for all of the towns especially when there was a town board that could approve it. Tim Sutton explained the Code provided for approval by the Board of County Commissioners.
Commissioner Cox
thought that should be changed.
Commissioner Carbone
made a motion to approve the issuance of a display fireworks event permit for the Town of Tonopah for the 4th of July event; seconded by
Commissioner Strickland
; 5 yeas. COUNTY MANAGER 35. 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 legislation. Tim Sutton discussed AB303, which was a towing bill Commissioner Carbone asked about; the population cap bill; SJR4, the Yucca Mountain support bill, which died; AB21 1 regarding police and fire PERS, which died; AB3O1 expanding the definition of police officer; AB351, which would create a deferred compensation program specifically for those who were enrolled in the police and fire PERS; SB83 regarding redaction of personal information for certain employees; SB1O7 regarding state highway construction May 16, 2023 35. 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. projects; and SB264, which would allow civilian employees of metropolitan police departments to form their own unions.
Commissioner Cox
asked if the redaction of information applied to commissioners, to which Mr. Sutton responded no. FINANCE 36. For Possible Action Presentation, discussion and deliberation to approve, amend and approve, or reject the program funding request from Living Free Health & Fitness under the Nye County ARPA Recovery Plan and Policy: Public Health Assistance Mental Health Initiatives in the amount of $131,655.00. (10-minute time limit) Shelley Poerio from Living Free Health and Fitness presented their request for $1 31,655.00 of ARPA mental health initiatives funding to establish a substance abuse/co-occurring disorders therapeutic workplace in Pahrump
Commissioner Strickland
asked how many employees Ms. Poerio projected to have.
Ms. Poerio
said she wanted to start with five employees.
Commissioner Carbone
asked if there was somebody from some kind of clinic or medical organization Ms. Poerio would deal with associated with this and what process she used to evaluate people with mental health issues.
Mr. Poerio
explained they had out-patient addiction treatment with a co-occurring endorsement from the Substance Abuse Prevention Treatment Agency. They also had a psychiatric APRN who saw the clients and then some of their clients were referred out for co-occurring.
Commissioner Carbone
asked about the plan to keep it going in the future.
Ms. Poerio
said it would probably break even by the fifteenth month, but they had resources to keep it going. Ammie Nelson stated her support of this project.
Commissioner Carbone
made a motion to the $131,655.00 to Living Free Health and Fitness from the ARPA funds; seconded by Commissioner Strickland; 5 yeas. May 16, 2023 PLANNING/BUILDINGICODE COMPLIANCE 37. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing, on Nye County Bill No. 2023-04: A Bill proposing to amend Nye County Code Title 17, titled Comprehensive Land Use Planning and Zoning, Chapter 17.04, titled Pahrump Regional Planning District, Article Ill, titled Zoning Districts; Establishment and General Provisions, Section 17.04.430, titled LI Light Industrial, removing renewable energy generating facility as a permissive use; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record. Brett Waggoner said this was before the RPC to get a recommendation and they voted unanimously to recommend approval when it came before the Board of County Commissioners.
Commissioner Strickland
made a motion to set the time and date for 10:00 am. in Pahrump on June 27, 2023; seconded by Commissioner Carbone; 5 yeas. Tim Sutton read the title of the bill into the record. 38. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2023-05: A Bill proposing to amend Nye County Code Title 5, titled Business Licenses and Regulations, Chapter 5.32 titled “Cannabis Establishments,” by amending Section 5.32.005 Definitions to include Affiliated Businesses and by amending Section 5.32.050 titled “Medical Cannabis Establishment License Fees,” Section 5.32.055 titled “Adult-use Cannabis Establishment License Fees,” and Section 5.32.057 titled “Cannabis Consumption Lounge Establishment License Fees,” by adding the language pertaining to sales and transfers between affiliated and unaffiliated cannabis businesses; and providing for the severability, constitutionality, and effective date thereof; and other matters property relating thereto; and 2) Read the title of the Bill into the record.
Commissioner Carbone
made a motion to set a time, date, and place for the public hearing for June 27, 2023, in Pahrump at 10:00 a.m.; seconded by Commissioner Strickland. Ammie Nelson hoped that everybody looked at the changes that were going to be made for any kind of solar projects within the County or Pahrump.
Commissioner Carbone
made a motion to set a time, date, and location for the public hearing on June 27, 2023, in Pahrump at 10:00 am.; seconded by Commissioner Strickland; 5 yeas. Lorina Dellinger read the title of the bill into the record. 40. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2023-07: A Bill proposing to amend Nye County Code Title 17, titled Comprehensive Land Use Planning and Zoning, Chapter 17.04, titled Pahrump Regional Planning District, Section 17.04.260, titled MF Multifamily Residential, allowing for the provision of single-family detached residences in the MF zone; and providing for the severability, constitutionality, and effective date thereof; and other matters property relating thereto; and 2) Read the title of the Bill into the record.
Commissioner Carbone
made a motion to set the time, date, and location for a public hearing for June 27, 2023, in Pahrump at 10:00 a.m.; seconded by Commissioner Strickland. Brett Waggoner explained the fire codes changed. Anything over two units now required fire sprinklers, which dramatically increased the cost of the project. There was not enough fire flow available to support fire sprinklers everywhere so this kind of gave another option.
Commissioner Carbone
made a motion to approve the 2023 budget for the Regional Transportation Commission; seconded by Commissioner Cox; 5 yeas 43. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2023-06 Basin Phase 4 Concrete Improvements; 2) Award Bid 2023-06 Basin Phase 4 Concrete Improvements to CG&B Enterprises, Inc. in the amount of $134,265.00, Mikon Construction Co., Inc. in the amount of $180,218.00, or Performance Concrete, LLC. in the amount of $134,155.00; 3) Approve, amend and approve or reiect the contract with selected bidder; 4) Fund from 10205 Roads; or 5) Reject bids and provide direction to staff on how to proceed with the proiect.
Commissioner Strickland
noted the bidders were close to each other and asked if any differences were found besides their price, to which Mr. Boiling responded no. Honey Strozzi advised all contractors submitted the required paperwork, but one did not submit their prevailing wage so they were ineligible for the project. There were no differences and just one low bidder.
Commissioner Strickland
made a motion to award Bid No. 2023-06 to Performance Concrete, LLC, in the amount of $134,155.00, approve the selected bidder, and fund from 10205 Roads; seconded by Commissioner Carbone. Ammie Nelson hoped everybody was looking at these carefully so the thing done on Pahrump Valley Boulevard would not happen again.
Mrs. Strozzi
said a materials and performance bond was collected in the amount of the bid if there were any problems.
Commissioner Carbone
made a motion to award Bid No. 2023-12, Beatty Airport Automated Weather Observation System, to Mesquite Electric in the amount of $368,000.00, approve the selected bidder, and fund $345,000.00 from 10340 Grants and $23,000.00 from 10209 Airport contingent upon the grant; seconded by Commissioner Strickland; 5 yeas. 45. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2023-14 Tonopah Runway 15-33 Rehab; 2) Award Bid 2023-14 Tonopah Runway 15-33 Rehab to American Road Maintenance in the amount of $358,725.00, C.R. Contracting, LLC in the amount of $340,635.00, Maxwell Asphalt, Inc in the amount of $521,505.00, or to Straight Stripe Painting, Inc. in the amount of $526,136.00; 3) Approve, amend and approve or reject the contract with selected bidder, contingent upon receiving the grant award from the Federal Aviation Administration (FAA) for this project; 4) Fund $319,345.00 to 10340 Grants and $21,290.00 to 10209 Airport; or 5) Reject bids and provide direction to staff on how to proceed with the project. Honey Strozzi explained some of the bidders did not submit all the paperwork and the bid bond on one of them was only at 5% instead of the required 10% so that affected some of the results. The recommendation was C.R. Contracting, LLC, in the amount of $340,635.00.
Commissioner Strickland
made a motion to award Bid No. 2023-14 to C.R. Contracting, LLC, in the amount of $340,635.00 contingent upon receiving the grant award from the FAA for the project and fund $319,345.00 to 10340 Grants and $21 290.00 to 10209 Airport; seconded by Commissioner Boskovich; 5 yeas. May 16, 2023 46.A. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (SECOND). Erika Gerling commented it was a great meeting and a lot of business got done. Laura Larsen asked the Board to adopt a resolution to not allow busloads of migrants to be dropped off in the County and submit it to the Governor. Ammie Nelson referred to the speaker during the first public comment period that kind of bashed Michele Fiore. Ms. Nelson said she heard nothing but great things about her. She then reminded everyone of the Grassroots Conservatives of Nevada (GCON) meeting on Monday, June 22, 2023, at 6:00 p.m. at Hope Bail Bonds on Highway 160. Lastly, Ms. Nelson stressed the need for the call-in system for the public. Tim Bohannon commended all the work done during last week’s meeting about the budget. He was also proud of the staff for looking for ways to get new businesses.
47. Commissioners’IManager’s Comments (This item limited to announcements or
Commissioner Boskovich
asked staff to check with the School District and confirm that Sharen Black’s group did not receive any money from them.
Commissioner Cox
suggested they check with the Clark County School District also. She asked if anyone knew anything about Nye County getting $250,000.00 for busing in the homeless out of Clark County or anywhere else as stated by Ian Bayne a few nights ago. Commissioner Cox asked anyone who was getting information from his show to please speak to any of the Commissioners. She disagreed with Dwight Lilly about the need to bring the Pahrump Town Board back. She mentioned she had received more complaints about weeds at the golf course. She told Darryl Lackey all he needed to do in order to get what he wanted was to get a business license. Commissioner Cox asked Tim Sutton for the status of John O’Brien’s agenda item as well as the ordinance for the wild horses and burros. She then talked about the number of junk vehicles that had been brought into town which she had received complaints about. She said Mr. Little stated he left some documents for the Commissioners at the last meeting and she did not believe she ever got a copy of that. Lastly, Commissioner Cox said the May 8, 2023, meeting was not on Granicus yet.
Commissioner Carbone
said people needed to be sure to speak truth and not rumor under public comment because everything the Commissioners heard today about certain individuals was rumor as they wanted to use that pulpit to get their agendas across. _______________day May 16, 2023 47. Commissioners’IManaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshopslaqendas)-Cont’d.
Commissioner Jabbour
thought the call-in system was a great option for people who for whatever reason could not attend the meetings in person. He then reminded everyone to protect their children, family and friends, conserve water, and spay/neuter pets. Brian Kunzi advised his office was in the middle of negotiations for a new case management system. He gave kudos to IT Director Brad Adams for his assistance in that. Tim Sutton stated the County was not paying anyone to bus homeless people from anywhere. Secondly, there were some comments made about the lack of information on Transparent Nevada. Mr. Sutton said as Public Information Officer Arnold Knightly indicated staff was working with them, but the County was committed to transparency so anybody who requested that information independently from the County would receive it.
48. ADJOURN
Commissioner Jabbour
adjourned the meeting. APPROVED this ATTEST: Of .tc\\:Lkcr 2023.