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Public meetings / Board of County Commissioners

June 6, 2023

151 turns, 151 with a named speaker, under 21 agenda items. The words and the names are the county clerk's.

Attendance

Sheriff McGill

was present via telephone.

2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action

Commissioner Jabbour

stated the Board would look into it.

3. Commissioner&IManager’s Comments (This item limited to announcements or

Commissioner Cox

said she had supported a splash pad for years and it would be addressed through the Parks Department. She asked Nichole Walters to provide the name of the storage unit she talked about. Commissioner Cox also advised her the advisory board members were not elected positions and were strictly advisory boards. Lastly, she said people had a constitutional right to beg in public parking lots.

Commissioner Boskovich

said he was in complete support of a splash pad. He talked about photographs he had received from Code Compliance regarding the progress they had made with the homeless behind The Nugget, which was a huge improvement. Regarding the tiny homes, Commissioner Boskovich stated he was not interested in any sort of tiny home homeless camp in the County, but obviously people could do what they wanted with their private property as long as it was within the Code restrictions. Lastly,

Commissioner Boskovich

said there had been a lot of talk about naming buildings after people, which he thought was a bad idea. In no way did that reflect his opinion of people, but he thought benches and plaques were more appropriate.

Commissioner Carbone

said something needed to be done to finance the Pahrump Fire Department. EMTs were doing interfacility transfers on a constant basis, which was paying for the fire department, but it was wearing out the people and the equipment quickly. He thought maybe a fire district needed to be looked at.

Commissioner Jabbour

said in Tonopah on June 24, 2023, starting at 10:00 a.m. would be the 100th anniversary event for the VFW in Tonopah. Contracts and Grants Manager Stephani Elliott talked about the Joining Forces Program, which was grant funded and supported reducing serious roadway injuries and fatalities. Grants Administrator Jessica McCutcheon recently spoke with Carrie Krupp, the grant analyst with the State of Nevada Department of Public Safety, who said since Lieutenant June 6, 2023 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshops/agendas)-Cont’d. James McCray had conducted the Joining Forces project so well with impressive planning and implementation of each event she was requesting the State provide additional funding to Nye County for continued success with the program.

7. 10:00 a.m. Presentation by Diane Arvizo with Nevada Rural Housing Authority,

Commissioner Cox

asked who people would contact to get started.

Ms. Arvizo

said buyinnye.org was a designated Web site that also had direct links to participating lenders.

Commissioner Boskovich

asked what the income cap was.

Ms. Arvizo

said it was 300% of the federal poverty guidelines based on household size.

8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation

Commissioner Jabbour

opened and closed the public hearing. June 6, 2023 8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to issue an Outdoor Festival License to the Town of Pahrump for the Pahrump Fall Festival to be held September 21-24, 2023, at Petrack Park located at 150 N. Highway 160, Pahrump, NV-Cont’d.

Commissioner Carbone

made a motion to issue an outdoor festival license for the Town of Pahrump for the Fall Festival being held September 21-23, 2024, at Petrack Park; seconded by Commissioner Boskovich; 4 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners.

9. For Possible Action Discussion and deliberation regarding the General Road

Commissioner Cox

said the corner of Unicorn and Deerskin had been a problem for several years and was really bad again. She asked Mr. Gott to lay some old chip seal in there. She said she had been told Highway 372 and Linda Street had been worked on for a year and a half. She still did not see anything started and asked when it would be.

Mr. Gott

said the concrete had been removed, it had been repaved, and it was complete. They were waiting on installation of the stop bar at the stop sign.

Commissioner Boskovich

said Unicorn and Augusta looked like part of a gravel truck load was spilled there and it tore away the asphalt at the corner.

Commissioner Jabbour

asked Mr. Gott to put Belmont Road on the list. Gabbs was on the list, but no one had yet been there. He explained the reason he kept mentioning Gabbs and Belmont was because of the window of opportunity, especially in Gabbs, due to weather.

Commissioner Carbone

said an item needed to be put on the next RTC agenda for the Belmont and Gabbs roads. He advised the stop signs on Mesquite and Barney as well as on Stardust and Royal were covered by trees. On Francine between Davida and Leslie there was a patch of chip seal that has been removed.

Mr. Nevel

and there were some holes that needed to be filled on Blosser Ranch north of Leslie, Woodchips, and Morningstar Road. June 6, 2023 9. For Possible Action Discussion and deliberation regarding the General Road Report by the Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing, and direction regarding public works projects-Cont’d. Ammie Nelson said there were very significant holes in the middle of Prospector between Barney and Richard. The crews kept putting gravel in there, but it kept sinking. She hoped somebody could go out and take a look at those. Pat Minshall said she wanted to thank Public Works Director Tom Boiling and the crew. Roots had badly buckled North Tamarac and it was a bad roller coaster ride. They removed the pavement as well as the roots and repaved it. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff McGill

assumed the Chair of the Licensing and Liquor Board. LIQUOR

10. For Possible Action Discussion and deliberation to approve a Temporary

Sheriff McGill

said the approval of this temporary license would be for them to begin stocking, training, and creating contracts with suppliers. There would be a condition that there would be no liquor sales until completion of the project and they received their certificate of occupancy. Samantha Tackett explained if the Board issued a temporary there was no need to come back before the Board to issue a permanent license unless there were issues that needed to be addressed. It would just be done administratively.

Commissioner Boskovich

asked Mr. Hussain if he had any current or past business relationship with any current or past Commissioners, to which he responded no.

Commissioner Carbone

made a motion to approve a temporary liquor license; seconded by Commissioner Jabbour; 5 yeas. June 6, 2023

11. For Possible Action Discussion and deliberation to approve a Temporary

Sheriff McGill

said this was basically the same situation. This location was the bar and restaurant at what was formerly known as Treasure’s RV. They were requesting a temporary license so they could establish their business relationships and once the certificate of occupancy was issued it would transfer to a permanent license.

Commissioner Jabbour

made a motion to approve the temporary retail liquor license for MSTRB LLC dba The Venue; seconded by Commissioner Boskovich; 5 yeas.

12. For Possible Action Discussion and deliberation to approve a Temporary

Commissioner Jabbour

made a motion to approve the temporary retail liquor license for Bolton Wine Group dba The Wine Down; seconded by Commissioner Carbone; 5 yeas.

Commissioner Jabbour

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

13. For Possible Action Discussion and deliberation to: 1) Appoint two members

Commissioner Boskovich

made a motion to appoint Kamaljit Singh Mann and Steve Pastorelli with the alternate being Loyce Seastrunk; seconded by Commissioner Carbone; 4 yeas.

14. For Possible Action Discussion and deliberation to: 1) Appoint two members

Commissioner Boskovich

made a motion to appoint John Pawlak and William Stremmel to the Pahrump Nuclear Waste and Environmental Advisory Committee; seconded by

Commissioner Cox

; 4 yeas. June 6, 2023

15. For Possible Action Discussion and deliberation to: 1) Appoint two members

Commissioner Jabbour

said this item had to be put on hold for a moment. Items 13 and 14 needed to be reopened as the terms were not included in the motions. 13. For Possible Action Discussion and deliberation to: 1) Appoint two members and one alternate to the Pahrump Arena Advisory Committee from the following list of applicants: Kamallit Singh Mann, Steve Pastorelli and Loyce Seastrunk; andlor 2) Direct staff to re-advertise for the appointment-Reopened.

Commissioner Boskovich

amended his motion to appoint Kamaljit Singh Mann and Steve Pastorelli, with Loyce Seastrunk as the alternate, for the term expiring January, 2025, to the Pahrump Arena Advisory Committee; Commissioner Carbone amended his second; 4 yeas. 14. 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: John Pawlak and William J. Stremmel; andlor 2) Direct staff to re-advertise for the appointment-Reopened.

Commissioner Boskovich

amended his motion to appoint John Pawlak and William Stremmel for the term expiring January, 2025, to the Pahrump Nuclear Waste and Environmental Advisory Committee; Commissioner Cox amended her second; 4 yeas. 15. 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: Brad Harris and Erica Muxlow; and/or 2) Direct staff to re advertise for the appointment-Reopened.

Commissioner Boskovich

made a motion to appoint Brad Harris and Erica Muxlow to a term expiring January, 2025, to the Pahrump Off-Highway Vehicle Park Advisory Committee; seconded by Commissioner Cox; 4 yeas.

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

Commissioner Jabbour

said if a Commissioner dissuaded someone was true, this was the first time that he had heard about it and it was a little concerning. These appointments were a lot of work and sometimes the questions were asked if the person had any idea of the time that was involved not necessarily to dissuade but to bring that to their attention. With the new information Commissioner Jabbour said he would love to see who the other applicant was and wanted staff to re-advertise. Samantha Tackett explained applications were accepted during a vacancy or during a published advertisement. Those applications were reviewed by the existing committee to make recommendations for appointments, but the Commission could appoint whomever they saw fit so there was always room for anybody to apply. If that person did not apply because they were asked not to that was one thing, but applications were accepted from anybody and regardless of the recommendations of the committee they still came forward to the Board for appointment. She advised this board would still have a quorum if an appointment was not made today.

Commissioner Boskovich

said he would feel better about it if the prospective applicant who did not apply was the one who told the Board he was dissuaded rather than a third party.

Commissioner Cox

said she had no problem with extending the time as long as there was not an urgent need to do it today so the gentleman could make the decision to come forward.

Mrs. Tackett

said there were currently three vacancies. A standing member and two alternates were needed so advertising again would be helpful.

Commissioner Cox

made a motion to re-advertise; seconded by Commissioner Carbone; 4 yeas.

17. For Possible Action Discussion and deliberation to: 1) Appoint three

Commissioner Carbone

made a motion to appoint Beverly Baker, Gregory Cardarelli, and Bruce Cox to the Veterans Memorial Advisory Committee for a two-year term ending January, 2025; seconded by Commissioner Boskovich; 4 yeas. June 6, 2023 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.

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

Commissioner Carbone

made a motion to approve the meeting minutes with the name change corrections he provided to the Clerk’s Office; seconded by Commissioner Cox; 4 yeas.

19. For Possible Action Approval to: 1) Ratify the County Manager’s acceptance

Commissioner Cox

asked what would happen with the two older units being replaced. Jennie Martin from Health and Human Services said they would more than likely be kept in stock as back-up units.

Commissioner Cox

said she knew the Pahrump Senior Center was always in need of used transportation because they could not afford new. She suggested someone contact them.

Ms. Martin

thanked Commissioner Cox for bringing that to her attention. They could definitely take a look at that and she would keep Commissioner Cox informed.

Commissioner Carbone

made a motion to ratify the County Manager’s acceptance of the Federal Fiscal Year 2023 Agreement PR181-23-802 Federal Transit Authority for $140,950.00; seconded by Commissioner Cox. Maria Zlotek asked that the second part regarding funding be included in the motion.

Commissioner Carbone

amended his motion to ratify the County Manager’s acceptance of the Federal Fiscal Year 2023 Agreement PR1 81-23-802 Federal Transit Authority for $140,950.00 and fund from 10281 Senior Nutrition; Commissioner Cox amended her second; 4 yeas. June 6, 2023 BOARD OF COMMISSIONERS

23. For Possible Action Discussion and deliberation to: 1) Approve, amend and

Commissioner Boskovich

said of four applicants on the agenda today one of them had not been showing up to court. This was a position ultimately paid by the taxpayers and the clients had a right to proper representation. He did not care where they were commuting from. If someone accepted this contract they should respect the people of this County who were paying them and the clients they were defending. Commissioner Boskovich hoped this would be a wake-up call because he supported this person behind the scenes. Hopefully this discussion would not have to be had again because if it did then he would request an item come back and the Commissioners look at cancelling that contract.

Commissioner Jabbour

said he was not opposed to closing one of the items and asked which one. He asked Mrs. Dellinger if the Board brought this back if there was time to get with this counselor about the concerns from the court.

Mrs. Dellinger

said she would definitely be able to communicate with the counselor on the communications from the judges.

Commissioner Jabbour

asked if there was enough time to put it on the June 27, 2023, meeting. June 6, 2023 20. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Andrew Coates, Esg., by extending the effective period to June 30, 2025; and 2) Execute the First Amendment to the contract-Cont’d. 21. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Jason Earnest by extending the effective period to June 30, 2025; and 2) Execute the Third Amendment to the contract-Cont’d. 22. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Nathan L. Gent, PLLC by extending the effective period to June 30, 2025; and 2) Execute the Third Amendment to the contract-Cont’d. 23. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Shahani Law, LTD by extending the effective period to June 30, 2025; and 2) Execute the First Amendment to the contract-Cont’d.

Mrs. Dellinger

said there was time, but if no action was taken on that date there would be no contract in place beginning July 1, 2023.

Commissioner Boskovich

clarified he was not specifically asking for this contract to be cancelled. He was asking to speak with this person to help get them back on track to give them a chance.

Commissioner Cox

asked Mrs. Dellinger if there were any complaints about any of the attorneys. She knew there was a lawsuit pending with the ACLU over one of them, unless that had been settled. There was also a complaint about one of them not showing up in court last week and the case got held over until yesterday. Commissioner Cox thought maybe it should be brought back after it was looked at a little closer.

Commissioner Boskovich

understood if the Board approved these four today a conversation could be had with the person and help given to get them on track. If they did not, then an item could be brought back to replace that contract with 90 days notice. The Board took a brief recess.

Commissioner Cox

advised the County was dismissed from the case she talked about. Alexis Duecker suggested in the future to avoid these kinds of situations that it be opened up for new applications as well. That way if there was consistency they could still renew if they wanted to renew, but if there were issues there were other applicants that could be looked at. June 6, 2023 20. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Andrew Coates, Esg., by extending the effective period to June 30, 2025; and 2) Execute the First Amendment to the contract-Cont’d. 21. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Jason Earnest by extending the effective period to June 30, 2025; and 2) Execute the Third Amendment to the contract-Cont’d. 22. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Nathan L. Gent, PLLC by extending the effective period to June 30, 2025; and 2) Execute the Third Amendment to the contract-Cont’d. 23. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Shahani Law, LTD by extending the effective period to June 30, 2025; and 2) Execute the First Amendment to the contract-Cont’d. Eddie Jim said if there were problems with this person now they needed to be taken care of. Karl Shelton said he worked with Ms. Duecker and agreed with her that maybe the appropriate action was to open up these contracts for other applicants. Erika Gerling thought it would be a bad idea to remove this contract from Mr. Earnest. Laura Larsen thought there was plenty of time to renew the contract at the next meeting. Caroline Allen cautioned the Board. A lot had been said already and characters were brought up. She thought the Commissioners were in dangerous waters and should pull the item to cover themselves.

Commissioner Boskovich

said he brought the issue up regarding one person and he did not say male or female. Again, his hope was if the Board approved all of the contracts that the County could work with this person and improve moving forward. He did not think it was something irreparable. He just thought it needed to be addressed.

Mrs. Dellinger

agreed with Commissioner Boscovich that this could be worked through. There were many other factors that went into the County’s Indigent Defense Program. The public defenders were required to report into a program provided by the State on their caseloads. In order to keep that consistent and be reimbursed from the State she thought it was in everyone’s best interest to move forward with the contracts. June 6, 2023 20. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Andrew Coates, Esci., by extending the effective period to June 30, 2025; and 2) Execute the First Amendment to the contract-Cont’d. 21. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Jason Earnest by extending the effective period to June 30, 2025; and 2) Execute the Third Amendment to the contract-Cont’d. 22. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Nathan L. Gent, PLLC by extending the effective period to June 30, 2025; and 2) Execute the Third Amendment to the contract-Cont’d. 23. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Shahani Law, LTD by extending the effective period to June 30, 2025; and 2) Execute the First Amendment to the contract-Cont’d.

Commissioner Cox

asked why this was not open for other people to apply rather than just putting the same names back in and thought maybe what was done with the Justice of the Peace should be done with the public defenders. She felt something was not right here and would like to put all the people on hold and start over again.

Mrs. Dellinger

explained it was not opened to accept new applications because the public defenders just barely started working with the Department of Indigent Defense to get the legal server updated with their caseload. That data was needed in order to get reimbursed from the State. There was also a plan that the Board of County Commissioners approved a few meetings ago that provided for the process for a program administrator to administer exactly what Commissioner Cox was asking for, which would be forthcoming, but Mrs. Dellinger needed to ensure the reimbursements for the contract for the program administrator to administer that review committee were secured. Otherwise, it would come out of the general fund.

Commissioner Boskovich

made a motion to approve Andrew Coates, Esq., Jason Earnest, Nathan L. Gent, PLLC, and Shahani Law, Ltd., for the period to June 30, 2025, and execute the first amendment to the contract for the public defender services; seconded by Commissioner Carbone. MarIa Zlotek clarified the motion would be for the first amendment and the three third amendments accordingly.

Commissioner Boskovich

amended his motion to approve Andrew Coates, Esq., Jason Earnest, Nathan L. Gent, PLLC, and Shahani Law, Ltd., for the period to June 30, 2025, June 6, 2023 20. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Andrew Coates, Esg., by extending the effective period to June 30, 2025; and 2) Execute the First Amendment to the contract-Cont’d. 21. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Jason Earnest by extending the effective period to June 30, 2025; and 2) Execute the Third Amendment to the contract-Cont’d. 22. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Nathan L. Gent, PLLC by extending the effective period to June 30, 2025; and 2) Execute the Third Amendment to the contract-Cont’d. 23. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a contract extension for Public Defender Services between Nye County and Shahani Law, LTD by extending the effective period to June 30, 2025; and 2) Execute the First Amendment to the contract-Cont’d. and execute the first amendment and the three third amendments to the contracts for the public defender services.

Commissioner Jabbour

pointed out it was two first amendments and two third amendments.

Commissioner Boskovich

amended his motion to approve Andrew Coates, Esq., Jason Earnest, Nathan L. Gent, PLLC, and Shahani Law, Ltd., for the period to June 30, 2025, and execute the two first amendments and the two third amendments to the contracts for the public defender services; Commissioner Carbone amended his second; 4 yeas. CLERK

26. For Possible Action Discussion and deliberation to: 1) Approve, amend and

Mr. Kampf

said it was for all systems that were internet connected, which was the vast majority of the County’s systems. The election system was pretty well isolated from the rest of the systems within the County and he was working now with the State on the voter registration system to make sure that it was an isolated and dedicated system. He stated the voting systems were not connected to the internet.

Commissioner Carbone

made a motion to approve the interlocal contract agreement between the State and Nye and execute the agreement; seconded by Commissioner Boskovich; 4 yeas. June 6, 2023 TIMED ITEMS 6. 10:00 am. Presentation by Tyson Falk regarding an update on the development of the Rhyolite Ridge LithiumlBoron project. (10-minute time limit) Tyson Falk provided an update on the development of the Rhyolite Ridge lithium/boron project. The Board was in recess until 2:30 p.m. PUBLIC PETITIONER

47. For Possible Action Discussion and deliberation to support a project to study

Commissioner Carbone

asked if this project would interfere with other activities that may be going on at the airport, to which Mr. Oncley responded no. Ammie Nelson asked what would be done with the data once it was gathered and what the purpose of the study was.

Mr. Oncley

said the data collected would be available on their Web site and may be shared with other databases.

Commissioner Carbone

made a motion to support the project to study the atmospheric turbulence at the Tonopah Airport; seconded by Commissioner Boskovich; 4 yeas. June 6, 2023 SHERIFF 27. For Possible Action Discussion and deliberation regarding a renewal of a Wholesale/Retail Fireworks Permit for Alamo Fireworks located at 2641 E. Highway 95, Amargosa Valley, NV. Patrick James Applicant. 28. For Possible Action Discussion and deliberation regarding a renewal of a WholesaleIRetail Fireworks Permit for Blackiack Fireworks Located at 1181 S. Highway 160, Pahrump, NV. Kevin LeBon Applicant. 29. For Possible Action Discussion and deliberation regarding a renewal of a WholesalelRetail Fireworks Permit for D&T Imports, Inc. dba Area 51 Fireworks located at 1381 S. Highway 372, Pahrump, NV. Tim McKoy Applicant. 31. For Possible Action Discussion and deliberation regarding a renewal of a WholesalelRetail Fireworks Permit for Red Apple Fireworks Co., Ltd. 3640 S. Highway 160, Pahrump, NV. Douglas Burda Applicant. —

Sheriff McGill

said these items were applications for renewal of wholesale and retail fireworks sales permits. These four businesses had previously been licensed and he saw no opposition to it. Planning Director Brett Waggoner concurred with the Sheriff’s Office. He reported there was construction activity finally for one of them for a warehouse and another one was just beginning the site development process.

Commissioner Carbone

made a motion to approve wholesale and retail fireworks permits for Alamo, Patrick James applicant; Blackjack Fireworks, Kevin LeBon; Area 51, Tim McKoy; and Red Apple Fireworks, applicant Doug Burda; seconded by Commissioner Boskovich; 4 yeas. 30. For Possible Action Discussion and deliberation regarding a renewal of a WholesalelRetail Fireworks Permit for Outlaw Pyrotechnics located at 2280 W. Betty Place, Pahrump, NV. Kelly Bernard Applicant.

Sheriff McGill

said the only difference between this item and the previous four was that Outlaw Pyrotechnics was in the business of wholesale and manufacturing. This was also a renewal of their license so there was no opposition in his opinion. Brett Waggoner advised Outlaw Pyrotechnics did not manufacture. It was just a wholesale retail license. To keep the record clear, MarIa Zlotek asked that the word permit be used instead of license.

Commissioner Boskovich

asked if this was a residential home or a commercial business. June 6, 2023 30. For Possible Action Discussion and deliberation regarding a renewal of a Wholesale/Retail Fireworks Permit for Outlaw Pyrotechnics located at 2280 W. Betty Place, Pahrump, NV. Kelly Bernard Applicant-Cont’d.

Commissioner Carbone

said it was residential and that was something that needed to be discussed with the Director along with the permit. Every other fireworks organization was building a separate location for their connexes.

Mr. Waggoner

said back when the first permit was issued there had been no zoning adopted by the County, but the Planning Department at that time had issued a letter advising people that there were some Code amendments in the works and the County was looking at adopting zoning which would or could significantly affect their business. He added they operated out of shipping containers and through an aerial photograph he noticed there was some kind of a tent type shade structure in between the shipping containers. The Code specifically stated no kind of retail or wholesale sales could be operated out of a tent, so that was something they would be looking at. Also, all of the other fireworks companies in town, except Alamo because they were outside of the PRPD, were required to do a conditional use permit and have site development. He agreed there were things that needed to be addressed.

Commissioner Cox

asked if the property was in a position where they could be grandfathered since they had been there a long time.

Mr. Waggoner

said to a certain extent, but it was made very clear since the first permit was issued the zoning would change on that property and when that happened they would have to conform with new zoning. It had been allowed to exist a long time, but it was a concern for the State Fire Marshal and some residents. What concerned Mr. Waggoner was there was an illegal off-premise sign advertising Alamo Fireworks now on Highway 372. It had been up several months with an arrow pointing down the road and that was not necessarily compliant with a wholesale business either, and it was not compliant with the County’s sign ordinance.

Commissioner Jabbour

asked how close this property was to the other residents and if there was considerable activity.

Mr. Waggoner

believed there were some neighbors right adjacent to it, and the activity had been substantial for the last couple of years with the Sheriff’s Office called for altercations.

Commissioner Boskovich

asked if there had been any complaints from any of the neighbors.

Mr. Waggoner

said yes, mainly over traffic as the 4th of July approached. June 6, 2023 30. For Possible Action Discussion and deliberation regarding a renewal of a WholesalelRetail Fireworks Permit for Outlaw Pyrotechnics located at 2280 W. Betty Place, Pahrump, NV. Kelly Bernard Applicant-Cont’d.

Commissioner Carbone

made a motion to approve the renewal of the wholesale retail fireworks permit for Outlaw Pyrotechnics with the proviso that the wholesale was to remain in process and retail would only be during the two weeks prior to the 4th of July; seconded by Commissioner Cox.

Commissioner Cox

thought an ending date should be stated.

Commissioner Carbone

amended his motion to approve the renewal of the wholesale with the retail two weeks before the 4tui of July, including the 4th of July, and no retail after the 4 of July until the following year; Commissioner Cox amended her second. Assessor Sheree Stringer advised this company had put a lot more conex boxes on their property. They stated in their declaration they only had three, but she counted 21.

Commissioner Jabbour

said he was not aware they owed taxes.

Commissioner Cox

thought this needed to be continued to another meeting.

Commissioner Jabbour

pointed out if this was held until June 27, 2023, that was only one week before the 4th of July so there would not be enough time.

Mr. Waggoner

said a tax verification was done on any application that came through the Planning Department before it was brought to the Board. That may be something to implement on the fireworks permits. Another thing that could be done was approval with other conditions, which would more or less be a temporary approval to ensure those conversations were had within a reasonable amount of time.

Commissioner Jabbour

asked Mrs. Stringer to contact him in the next two weeks if the taxes had not been paid.

Sheriff McGill

explained this was a program funded by the federal government which allowed his office to acquire equipment and property from the federal government commonly referred to as the 1033 Program. He was currently in the process of getting a used SWAT vehicle under this program from Lyon County.

Commissioner Jabbour

noted there was a provision for inspection and audit in the contract.

Sheriff McGill

said his office had undergone audits in reference to this program numerous times in the past. They had to provide every single piece of equipment whether it was a SWAT vehicle or a ballpoint pen. Ammie Nelson asked when items were acquired if they would be from the budget or would they be approved through the Commissioners.

Sheriff McGill

explained this was equipment obtained by the Sheriff’s Office at no cost. There were sometimes ancillary costs like having to pick up the equipment from wherever it might be. When the item was no longer wanted it had to be returned to the Department of Defense at the Sheriff’s Office cost unless some other arrangement would be made.

Commissioner Carbone

made a motion to approve the Intrastate Interlocal Contract Between Public Agencies and ratify the contract signed by the Nye County Sheriff on March 23, 2023; seconded by Commissioner Boskovich; 4 yeas. COUNTY MANAGER 34. For Possible Action Presentation, discussion and deliberation to adopt, amend and adopt, or reiect Nye County Resolution No. 2023-16: A Resolution Authorizing the Transfer of Nye County’s 2023 Private Activity Bond Volume Cap to the Nevada Rural Housing Authority; and Other Matters Related Thereto. (10- minute time limit) Diane Arvizo, the director of homeownership programs for the Nevada Rural Housing Authority (NRHA), said NHRA’s area of operation was roughly defined as serving communities with the population under 1 50,000. They were considered a local government and political subdivision exercising public and governmental functions and were overseen by a board of commissioners appointed by the Nevada Association of Counties and the Nevada League of Cities. In the last 50 years NRHA had seen June 6, 2023 34. For Possible Action Presentation, discussion and deliberation to adopt, amend and adopt, or relect Nye County Resolution No. 2023-16-Cont’d. important activities such as the birth of the homeownership program in 2006 that had delivered over $2 billion in affordable mortgages, many of which have happened in Nye County, including the exclusive Buy In Nye Program; running a home buyer tax credit program that had resulted in an estimated $40 million in tax savings to rural home buyers; about 1,200 rural Nevada families were assisted with rent annually ensuring that they stayed off the brink of homelessness; and Nye County had 271 residents receiving help with their rent from NRHA’s housing choice voucher program. Nye County had been a key contributor to the success of NRHA’s rural housing homeownership programs from the beginning with its transfer of its unused private activity bond cap totaling $19.4 million in buying cap to date. Ms. Arvizo said NRHA was asking again this year that Nye County transfer the unused bond cap to help continue the momentum of NRHA’s rural housing homeownership programs.

Commissioner Carbone

asked what would be done specifically with the $3 million.

Ms. Arvizo

said NRHA collected the unused bond cap from all of the counties and cities to serve rural Nevada collectively. That $3 million would be pooled with that, and she specifically intended to have that convert to mortgage credit certificates as it was the most powerful tool. Ammie Nelson thought NRHA’s programs would be good for people to purchase tiny homes instead of paying rent for an apartment. Joe Westerlund said rural Nevada had a hard time getting teachers and he wondered if there was a voucher program for teachers for housing assistance. Linda Clark asked if any of the funds would be used to help the veterans. As to whether NRHA offered programs specifically to serve teachers, Ms. Arvizo said they did not. The Nevada Housing Division had a teachers program that had been extended multiple times over the last couple of years which offered $7,500.00 in down payment assistance with a pretty good market interest rate for the first mortgage. She believed that program was expiring this summer as they were having a hard time extending it, but NRHA’s program could be utilized to help anybody who met the income requirements. Regarding the veterans, Ms. Arvizo said NRHA owned Richards Crossing in Carson City, which was a debt free property that had taken in homeless veterans with assistance. NRHA had VASH vouchers which were provided to veterans through the VA eligibility process to help homeless veterans or lower income veterans to get into affordable rental assistance. NRHA also offered VA loans as well as the mortgage credit certificate program at no cost.

Commissioner Cox

asked if this program was for the homeless at all or was it for people that were low-income. June 6, 2023 34. For Possible Action Presentation, discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-16-Cont’d.

Ms. Arvizo

explained NRHA had different program areas. There was the HUD Section 8 voucher program area that provided rental assistance which included the traditional Section 8 vouchers, VASH vouchers for veterans, and project-based vouchers where the vouchers were attached to the property. There were also the home ownership programs which were exclusively for people who were mortgage ready.

Commissioner Carbone

made a motion to adopt Nye County Resolution No. 2023-16 transferring the Nye County 2023 Private Activity Bond Volume Cap to Nevada Rural Housing Authority; seconded by Commissioner Boskovich; 4 yeas. FACILITIES 35. For Possible Action Discussion and deliberation to: 1) Discuss the Request for Qualifications for Bid No. 2023-02 regarding the Nye County Facilities Master Plan; 2) Accept the response from Collaborative Design Studios; 3) Provide direction to staff to enter into fee negotiations with the selected responder. There is no cost to enter into negotiations; or 4) Reject the response and provide direction to staff on how to proceed. Lorina Dellinger said a request for qualifications was put out for a consultant to provide services that the County was in need of. The facilities needed to be assessed to plan for growth over the next 30 to 40 years. Contracts and Purchasing Administrator Honey Strozzi said the solicitation was placed in the paper on February 4, 2023, and the response opening was on February 28, 2023. One statement of qualifications was received from Collaborative Design Studios and it was evaluated by a panel of four members, the results of which were in the back-up. Unfortunately there was not a comparative statement from another firm, but Mrs. Strozzi believed what Collaborative Design Studios provided was sufficient evidence to make a determination. Staff would like to move forward with fee negotiations if the Board chose. Their statement of qualifications provided a five phase project outline, they had performed projects with similar scopes, they were familiar with Nye County, and staff thought they were an overall fairly good firm to select. Buildings and Grounds Manager William Allen stated this was a very important project. Collaborative Design Studios promised to visit each department and assess each department’s needs not only for what was happening today but for 30 years from now.

Commissioner Cox

pointed out the County just spent $7 million to bring the buildings up to par so they could be used for a long time. The buildings would stand as long as they were needed and she did not think going through this exercise could be justified right now. June 6, 2023 35. For Possible Action Discussion and deliberation to: 1) Discuss the Request for Qualifications for Bid No. 2023-02 regarding the Nye County Facilities Master Plan; 2) Accept the response from Collaborative Design Studios; 3) Provide direction to staff to enter into fee negotiations with the selected responder. There is no cost to enter into negotiations; or 4) Reject the response and provide direction to staff on how to proceed-Cont’d.

Commissioner Jabbour

said this would just give the green light to enter into negotiations after which it would come back to the Board with more detailed information.

Mr. Allen

said none of the $7 million would go to waste. This would evaluate those buildings as well as what space would be needed for the future. The $7 million was for boilers, HVAC, solar, digital, and LED lighting throughout a lot of the County buildings.

Mrs. Dellinger

said this project had to do with the County’s facilities and space use for personnel. Staff wanted to determine the long-term potential possibilities for personnel and service locations. There were several risk concerns with facilities that were overcrowded and facilities with issues that needed to be addressed.

Commissioner Cox

thought those could be addressed on an individual basis. Ammie Nelson agreed with Commissioner Cox and felt the money in the coffer should be appropriated for other things in the community. She wanted the response rejected. Helen Williams said since she had lived in Pahrump she had understood that there was going to be development in the Eye and there would be a one-stop shop. She asked where that concept went. Tim Bohannon felt this needed more work. Maryan Hollis said she learned from Commissioner Cox that a 30 or 40 year outlook was aggressive and unrealistic. Most CIP plans or reserve studies at most go out 20 years. She wondered if the civic center would resolve some of the issues with space. Ms. Hollis thought this was way too much to be paying now.

Commissioner Cox

pointed out the master plan for the Eye was not even completed yet. She thought people needed to be hired before anything was upgraded. She said the County needed infrastructure and roads more than buildings right now.

Commissioner Boskovich

wondered if the County could not afford staff then how would it afford more studies. Brett Waggoner asked if this would be a candidate for the $12 million the County was receiving or something like that instead of the general coffer. June6, 2023 35. For Possible Action Discussion and deliberation to: 1) Discuss the Request for Qualifications for Bid No. 2023-02 regarding the Nye County Facilities Master Plan; 2) Accept the response from Collaborative Design Studios; 3) Provide direction to staff to enter into fee negotiations with the selected responder. There is no cost to enter into negotiations; or 4) Reject the response and provide direction to staff on how to proceed-Cont’d.

Commissioner Boskovich

asked if it was possible to bring this back in a couple of months to allow time to let the dust settle from everything else going on or if there was a need to do this right now.

Mrs. Strozzi

said she was not certain. She had not dealt with a situation like this so she would have to look it up.

Commissioner Boskovich

asked if it would cost nothing to go through this initial stage and then an estimate would be presented, to which Commissioner Jabbour responded correct.

Commissioner Boskovich

saw no harm in doing that.

Commissioner Cox

saw no reason to do it at all at this time. This item died for lack of a motion. Staff was directed to bring this back after going through the process again. FINANCE 36. For Possible Action Presentation, discussion and deliberation to approve, amend and approve, or reject the program funding request from the Amargosa Valley Town Board under the Nye County American Rescue Plan Act (ARPA) Recovery Plan and Policy: Economic Impacts for Tourism in the amount of $38782.00. (10-minute time limit) Carolyn Allen, chair of the Amargosa Valley Town Board, presented their request for a digital marquee which would allow the Town of Amargosa Valley to advertise for upcoming events and broadcast emergency information to visitors and townspeople in real time. It would also enable them to translate items into Spanish, which was the unofficial second language of Amargosa Valley. There were three bids and the town chose to go with Signs Plus. The original bid was $34,872.00, and they added $4,000.00 to the quote to allow $2,000.00 for delivery and $2,000.00 for removal of posts and possibly trees for a total of $38,872.00. Eddie Jim was appalled that there would be a Spanish sign as his family was put in special schools to speak English. June 6, 2023 36. For Possible Action Presentation, discussion and deliberation to approve, amend and approve, or reject the program funding request from the Amargosa Valley Town Board under the Nye County American Rescue Plan Act (ARPA) Recovery Plan and Policy: Economic Impacts for Tourism in the amount of $38,782.00. (10-minute time limit)-Cont’d.

Commissioner Carbone

made a motion to approve the American Rescue Plan Act (ARPA) funds of $38,728.00 to Amargosa Town Board for their electric sign; seconded by Commissioner Boskovich.

Commissioner Cox

asked if this went out to bid and if there was anything received from anyone in the local area.

Ms. Allen

said they went out to bid, but there was nobody in the local area.

Commissioner Carbone

restated the amount in his motion as $38,782.00.

Ms. Allen

said it was $38,872.00.

Commissioner Boskovich

pointed out the agenda item said $38,782.00.

Commissioner Jabbour

asked if this moved forward how much would remain in tourism for all locations.

Ms. Elliott

explained the application requested $38,782.00, but the quote from the vendor it was $34,872.00. The request could be amended or it could be approved at the amount provided. It was a $90.00 difference between the two. If that $90.00 was included, there would be $16,953.00 left for tourism and if not included there would be $17,043.00.

Commissioner Carbone

withdrew his motion; Commissioner Boskovich withdrew his second.

Commissioner Carbone

made a motion to approve ARPA recovery funds of $38,872.00 to the Amargosa Town Board for their electric sign bulletin board; seconded by

Commissioner Boskovich

; 4 yeas. 37. For Possible Action Presentation, discussion and deliberation to approve, amend and approve, or reject the program funding request from the Town of Tonopah under the Nye County American Rescue Plan Act (ARPA) Recovery Plan and Policy: Economic Impacts for Tourism in the amount of $12,266.00. (10-minute time limit) Chrissy Pope, Tourism and Events Coordinator for the Town of Tonopah, presented their request for funding in the amount of $12,266.00 for printing and updating the town brochures. June 6, 2023 37. For Possible Action Presentation, discussion and deliberation to approve, amend and approve, or reject the program funding request from the Town of Tonopah under the Nye County American Rescue Plan Act (ARPA) Recovery Plan and Policy: Economic Impacts for Tourism in the amount of $12,266.00. (10-minute time limit)-Cont’d.

Commissioner Carbone

made a motion to approve the American Rescue Plan Act (ARPA) funds of $12,266.00 to the Town of Tonopah; seconded by Commissioner Cox; 4 yeas. 38. For Possible Action Discussion and deliberation to: 1) Accept the U.S. Department of Transportation, Federal Aviation Administration (FAA) Grant Award in the amount of $442,637.00 with a required County match of $29,508.76 for the Tonopah Runway 15-33 Rehabilitation project; and 2) Fund $442,637.00 to 10340 Grants and fund $29508.76 to 10209 Airport. Stephani Elliott explained in 2022 the original task order to do the rehabilitation of the Tonopah Airport was approved. In February, 2023, the Board approved an amendment increasing the price as it was going out to bid and needed the additional services through Atkins. This was the final step. Atkins was approved by the Federal Aviation Administration to continue with the project and they would be funding Atkins over 93% of the project. With the current expenditures the County had already met its match so Ms. Elliott was asking for approval on this grant so that the County could start paying back some of the overage of that match.

Commissioner Carbone

made a motion to accept the U.S. Department of Transportation Federal Aviation Administration grant award for $442,637.00 and no County match was needed as it had already been done; seconded by Commissioner Boskovich.

Commissioner Carbone

amended his motion to accept the U.S. Department of Transportation Federal Aviation Administration grant award for $442,637.00, no County match was needed as it had already been done, and fund $29,508.76 to 10340 Grants;

Commissioner Boskovich

amended his second; 4 yeas. NATURAL RESOURCES 39. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a letter from the Board of County Commissioners and Natural Resources opposing the Bureau of Land Management’s (BLM) proposed Rule 1004-AE-92, Conservation and Landscape Health; and 2) Express support of the Nevada Association of Counties letter of opposition to the Director of BLM. Meghan Labadie from Natural Resources explained this was a proposal for regulations from BLM that substantially changed the Federal Land Policy and Management Act (FLPMA) enacted by Congress in 1976. The Act directed the BLM to manage public June 6, 2023 39. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a letter from the Board of County Commissioners and Natural Resources opposing the Bureau of Land Management’s (BLM) proposed Rule 1004-AE-92, Conservation and Landscape Health; and 2) Express support of the Nevada Association of Counties letter of opposition to the Director of BLM-Cont’d. land resources for a variety of uses while protecting natural cultural and historical resources. The proposed rule defined and emphasized the conservation aspect of FLPMA as well as prioritizing restoration and protection through an inventory of all public lands and designation of areas of critical environmental concern. What the rule failed to do was describe the extent of this management practice, indicate whether or not local land use plans would be considered, and whether or not most of the decisions would be subject to robust public and stakeholder consultation. Ms. Labadie said they were concerned that the proposal prioritized conservation over the multiple-use mandate, although BLM stated that was not their intention. Brett Waggoner stated his understanding that the proposed rule would eliminate access to all RS2477 roads, ATV trails, horse trails, or camp spots. Ammie Nelson stated her support of the letter. Linda Clark said she hated the BLM and thought it would be nice if it could be gotten rid Tim Bohannon stated his agreement with the opposition letter.

Commissioner Carbone

made a motion to approve the letter from the Board of County Commissioners and Natural Resources opposing BLM’s proposal and to express support for the Nevada Association of Counties’ letter directed to the BLM regarding proposed Rule 1004-AE-92; seconded by Commissioner Boskovich; 4 yeas. PLANNINGIBUILDINGICODE COMPLIANCE 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. 2023-09: 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 VIII, titled Administration And Procedures, Section 17.04.930, titled Master Plan Amendment Procedures, amending the NRS Reference in section I 7.04.930(J)(3)(c); 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 location for a public hearing for July 6, 2023, at 10:00 a.m. in Tonopah; seconded by Commissioner Boskovich; 4 yeas. June 6, 2023 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. 2023-09- Cont’d. Tim Sutton read the title of the bill into the record 41. For Possible Action Discussion, deliberation, and direction to staff regarding a possible amendment to Nye County Code, Chapter 15.16 titled “International And Uniform Building And Construction Codes Effective Within Nye County,” Section 15.16.050 titled “Permits Required,” paragraph E, which provides an exemption for areas located outside of the Pahrump Regional Planning District (“PRPD”) from the requirement to obtain permits. Brett Waggoner explained this was done intentionally by previous Boards. The only place where permits were required was in the Pahrump Regional Planning District. There had been several instances in Tonopah as well as in Beatty and Amargosa where there were no permit requirements and Planning was aware of things that were being done, specifically commercial-type development. Mr. Waggoner said the way the County’s Codes were written conformed with the NRS. There was a building official and per NRS when there was a building official a building permit was required for any new construction or alterations. Due to the potential cost and financial burden of not having building inspectors in Tonopah or other parts of the County, Mr. Waggoner said they had been looking into a virtual inspection program which was used in a lot of jurisdictions now. He was looking for direction from the Board to abide by the NRS and work on a draft bill to write in the permit requirements.

Commissioner Cox

said she would like to see everything go in reverse because people moved here to avoid these issues.

Commissioner Boskovich

said he completely understood the need for this.

Commissioner Carbone

thought it was going to be rough to try to get this accomplished, but he also understood the need.

Commissioner Jabbour

said he may not agree with it either, but he also understood it. He mentioned there was a Tonopah town ordinance that all commercial activity would be done by a licensed Nevada contractor. Joe Westerlund said that was correct. Whenever he saw anything going on he told the Planning Department about it. He thought the permitting would eventually have to happen. Also, since the county line between Nye and Esmeralda was very close, he thought Esmeralda would need to be brought into the permitting process as well.

Commissioner Jabbour

said Planning did not have the adequate staff and he did not think the virtual inspection would really work. He did not think this was the time to do this. June 6, 2023 41. For Possible Action Discussion, deliberation, and direction to staff regarding a possible amendment to Nye County Code, Chapter 15.16 titled “International And Uniform Building And Construction Codes Effective Within Nye County,” Section 15.16.050 titled “Permits Required,” paragraph E, which provides an exemption for areas located outside of the Pahrump Regional Planning District (“PRPD”) from the requirement to obtain permits-Cont’d.

Commissioner Carbone

pointed out the County was in violation of the NRS and wondered if that was what Commissioner Jabbour wanted to do.

Mr. Waggoner

did not think licensed contractors would ensure anything as they did not always follow the rules. He thought it would be wise if the County made sure that the plans were engineered and met the Code. Dirk Pearson said he owned over 90 pieces of property in Nye County and he really hoped the Commissioners voted against this as it was way overbroad and unnecessary. Joe Westerlund wondered how this would be enforced and if there was enough personnel to do that enforcement. Ammie Nelson was not sure how a County Code would make anything stronger and also wondered how it would be enforced. Trish Rippie said there were already requirements for a commercial buildings. She felt this would stop the preservation of old buildings in the County. She also mentioned how difficult it was to get contractors to come to the rural areas of the County.

Mr. Waggoner

explained old historic buildings or buildings that were built before the County had a building code did not have to be entirely brought up to the building code. The new work had to meet building code. If the occupancy of the building was changing, it might possibly need some modifications to meet a building code. Also, per State law contractors were only required to pull a permit if it was in the local jurisdiction’s authority. Just because it was a State law did not mean any of the contractors were pulling permits other than the ones that they were required to by the State Fire Marshal or NDEP.

Commissioner Cox

commented the County used to have uniform building codes that worked just fine, but then everything needed to meet the International Building Code. She also mentioned the extra expense to buy all the required permits.

Commissioner Boskovich

asked if a simple plans check review process for new projects would solve a portion of the liability issue. Maria Zlotek said there was an NRS that had to be complied with that required a permit because the triggers were met. She would have to look into the bare minimums of the mandates of a permit and then explore the liability if bare minimum was the only requirement. June 6, 2023 41. For Possible Action Discussion, deliberation, and direction to staff regarding a possible amendment to Nye County Code, Chapter 15.16 titled “International And Uniform Building And Construction Codes Effective Within Nye County,” Section 15.16.050 titled “Permits Required,” paragraph E, which provides an exemption for areas located outside of the Pahrump Regional Planning District (“PRPD”) from the requirement to obtain permits-Cont’d. Staff was directed to do an evaluation to determine the definite needs to do what the NRS said. PUBLIC WORKS 42. For Possible Action Discussion and deliberation to: 1) Approve the purchase of a property needed for expansion of the Road Department yard, consisting of 0.178 acres located at 271 North Whitney Lane, Pahrump, NV. Assessor’s Parcel Number 038-202-29; 2) Propose compensation for the property to the property owner based on the appraisal; 3) Fund from 10205 Roads; and 4) Direct staff to prepare and record the documentation necessary to transfer the property. Assistant Public Works Director Beau Gott explained they were trying to acquire this property to extend their road yard since they were out of room. There were also a couple of properties directly to the south of their current road yard that they were trying to acquire for the expansion.

Commissioner Cox

asked about the price. Tyler Mulvey from Public Works said it was $13,500.00 for as is, which was the fair market value appraisal. That was offered and was accepted.

Commissioner Carbone

made a motion to approve the purchase of the property needed to expand the Road Department yard, APN 038-202-29, the proposed compensation for the property of $1 3,500.00, fund from 10205 Roads, and direct staff to prepare and record the documentation necessary for the property transfer; seconded by

Commissioner Cox

; 4 yeas. 43. For Possible Action Discussion and deliberation to: 1) Approve the purchase of a property needed for expansion of the Road Department yard, consisting of 0.205 acres located at 740 East Ziba Lane, Pahrump, NV. Assessor’s Parcel Number 038-202-27; 2) Propose compensation for the property to the property owner based on the appraisal; 3) Fund from 10205 Roads; and 4) Direct staff to prepare and record the documentation necessary to transfer the property. Beau Gott said this was adjacent property to the property in the last item to extend the road yard. June 6, 2023 43. For Possible Action Discussion and deliberation to: 1) Approve the purchase of a property needed for expansion of the Road Department yard, consisting of 0.205 acres located at 740 East Ziba Lane, Pahrump, NV. Assessor’s Parcel Number 038-202-27; 2) Propose compensation for the property to the property owner based on the appraisal; 3) Fund from 10205 Roads; and 4) Direct staff to prepare and record the documentation necessary to transfer the property-Cont’d.

Commissioner Carbone

made a motion to approve the purchase of property needed to expand the Road Department yard, APN 038-202-27, the proposed compensation of $15,500.00, fund from 10205 Roads, and direct staff to prepare the proper documentation to transfer the property; seconded by Commissioner Cox; 4 yeas. 45. For Possible Action Discussion and deliberation to approve a Right of Way Grant, Serial #NVN-101 131 for an 80 ft wide and 3,700 ft long area from the Bureau of Land Management for West Roadrunner Road, accepting maintenance of the granted area. Tyler Mulvey said this grant was requested by the Public Works Department because the chip seal program had a road, Linda from Roadrunner to the north of Roadrunner, and in order to get there right-of-way grants from BLM were needed for Roadrunner and Linda. BLM had approved the grant for Linda so far.

Commissioner Boskovich

made a motion to approve a Right of Way Grant, Serial No. NVN-1 01131, for an 80 foot wide and 3,700 foot long area from the BLM for West Roadrunner Road and accept maintenance of the granted area; seconded by

Commissioner Carbone

; 4 yeas. 44. For Possible Action Discussion and deliberation to approve the 2023 Airport Master Plan and Airport Layout Plan (ALP) with Atkins North America for the Tonopah Airport. Stephani Elliott explained these were the final specifications provided by Atkins, the airport engineer. It was recommended that the airport master plans be updated at least every seven to ten years and completing the airport master plan identified some of the capital improvement projects that Nye County may be requesting future FAA funding for.

Commissioner Carbone

asked if there were any financial requirements to complete this activity.

Ms. Elliott

said there had been a significant outlay to get to this point. For this agenda item specifically, no, but the original program was approved for $501 ,000.00 with County funds of just over $31,000.00 being allocated. The majority of the funds were already approved through an FAA grant. June 6, 2023 44. For Possible Action Discussion and deliberation to approve the 2023 Airport Master Plan and Airport Layout Plan (ALP) with Atkins North America for the Tonopah Airport-Cont’d. Tim Bohannon said enabling potential future grants would be very useful for the Tonopah Airport as that airport continued to come back to life and become something very unique for the area.

Commissioner Carbone

made a motion to approve the 2023 Airport Master Plan; seconded by Commissioner Cox; 4 yeas. COUNTY MANAGER 33. 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 advised AB354 and AB355, which were both gun control legislation items, did not pass. The one regarding the justices of the peace having to take the NBRE exam passed, but it was changed to only require them to take a test that showed knowledge about traditional decorum, the Code of Judicial Conduct, civil and criminal procedure, and financial administration of the courts. Mr. Sutton said he had a long list so if any of the Commissioners wanted to know if any item passed he asked them to contact him off- line. Mark Fiorentino, the County’s lobbyist, would give a more comprehensive report at the July 6, 2023, meeting when things kind of settled down.

49. CommissionerlManager Comments (This item limited to announcements or

Commissioner Cox

said she had received several requests for forensic audits to be done in every department. She did not know if an agenda item was needed of it was something that could be handled by staff, but she wanted a professional forensic audit done of each department. She then mentioned how everyone was saying the Commissioners and other electeds in the County were corrupt and told those people to prove it.

Commissioner Carbone

said he wanted to get rid of all the vehicles by the Eye as it looked pretty tacky and unprofessional.

Commissioner Jabbour

reminded everyone to protect family and friends, conserve water, and spay/neuter pets. Mark Kampf advised AB394, which would have prohibited a county from doing a parallel hand count or checking ballots, was vetoed by the Governor. 5B242 would have made paper ballots at the polls illegal. It was significantly modified to say that paper ballots may be used at the polls, but it eliminated any potential for a hand count and stated the votes must be counted by mechanical means. Mr. Kampf said a discussion with the Governor ‘s policy director indicated that may be vetoed as well. ______________day June 6, 2023

50. ADJOURN

Commissioner Jabbour

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