Public meetings / Board of County Commissioners
June 27, 2023
132 turns, 132 with a named speaker, under 30 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
Sheriff McGill
McGill stated the County was in desperate need of law enforcement officers. Deputies were leaving his agency to make more money in other agencies. Nye County was one of if not the lowest paid law enforcement agencies in the Nevada. People could make more at Panda Express in Pahrump and get paid more of a starting salary than the deputies. Agencies throughout the country were offering hiring incentives. The North Las Vegas Police Department was offering as much as $40,000.00, $5,000.00 of which was a moving incentive just to start on day one. Sheriff McGill stated the deputies’ salaries needed to be raised and he was just asking for the average, not to be the highest paid agency in the State. They needed to be paid what they deserved so they June 27, 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. would remain in Nye County. He pointed out they were not able to keep up with the growth in the valley, and when Beatty and Tonopah had the boom when the mines opened the County was going to be desperately in need of law enforcement. Tim Bohannon, speaking as the secretary of the Nye County Parks and Recreation Advisory Board, advised they had put in for the Nevada Outdoor Recreational Infrastructure Grant for just under $75,000.00. Diane Davis said for the past year or so she had been helping the homeless at various camps with food, blankets, clothes, and things of that nature. To address the trash everyone complained about, she wanted to put together five volunteers with full-sized pick-up trucks to load the trash at the homeless camp and take it to the dump. In exchange for that they would get a $10.00 gas voucher. Ms. Davis was working with the Coalition and No To Abuse. She had talked to the people at the homeless camp and told them to designate one area for trash and that was where it would be picked up from, which they were doing. Ms. Davis asked the Commissioners for their support. Priscilla Lane said the Friends of the Wild Horses and Burros had a meeting on June 24, 2023, and there was a good showing. They received a lot of input and suggestions. The next meeting would be July 22, 2023, at 11:00 a.m. at the Desert Green clubhouse, and
Ms. Lane
encouraged everyone to attend. She then asked people to contact either her or Annette Shaw if they wanted to volunteer for the Fall Festival or the Powwow. April Drake said she would open a food trailer in Pahrump on July 8, 2023, called Sunshine’s Eats. She just wanted to personally invite the Commissioners as well as the people in the audience. It would be open five days a week from 8:00 a.m. to 12:00 p.m. in front of Phantom Fireworks. Eva Heater from Crystal stated the responsibility of the BLM was to sustain the health, diversity, and productivity of public lands for the use and enjoyment of present and future generations. She wanted a paper trail to know who gave permission for them to even start drilling holes by Crystal and Ash Meadows, including names and dates. Ricky Heater, also from Crystal, said he did not want this in his back yard. His house would be gone as well as the lake bed. He then asked why the lights on the Johnny curve had not been repaired. Jennifer Fazio and Delbert Donham said they lived in Crystal and just heard about the lithium drilling. They stated their opposition to it and said they would do everything in their power to not let it happen. June 27, 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. Herman Lewis asked the Commissioners to please keep an eye on the drilling and the lithium mining. He knew they were aware that lithium mining in Nevada had to be done far away from populated areas, and of course it destroyed the natural environment. He thought some signs should be put up reminding the Bureau of Land Management of what they were supposed to do to protect the wildlife. Diane Southworth provided an update on the Nevada Outreach meeting as well as upcoming events and programs available in the community. Melinda Mills, Commander for the American Legion Post 22, said she represented the Sons of American Legion which was just established this year. She also represented the Auxiliary which was located at the Elks Lodge. Their meetings were on the third Thursday of each month at 6:00 p.m., and the Sons met at 4:30 p.m. Ms. Mills said they supported the local baseball teams and would reach out to the schools so the high school students could get college scholarships. They would also be in the 4th of July parade, and there would be a memorial service on August 7, 2023, between 6:00 p.m. and 7:00 p.m. at the Chief Tecopa Park memorial. On the 4 of July Ms. Mills said there would a barbecue at the Elks Lodge from 4:00 p.m. to 7:00 p.m. Richard Goldstein, speaking on behalf of DAV Chapter 15, talked about their annual veterans appreciation barbecue held about two and a half weeks ago. They served close to 90 meals to veterans and their families, and 12 active duty Air Force personnel came from Nellis and Creech to take part. He thanked everyone who attended. Tina Dickson, representing The Sassy Trainer and her newly formed non-profit called Personally Trained Service Dogs (PTSD), said in 2018 the Commissioners gave them a grant to train four service dogs for veterans, which they did. In the process they also managed to train in-home support dogs, which were dogs that did not pass the rigors of being able to perform in public but were owned by veterans who could use the dog’s services in the home. Ms. Dickson said they were asking the Commissioners for another grant and also invited them and the public to come to the graduation on July 27, 2023, at 3:00 p.m. at the Sanders Winery. Lynn Cartwright from The Sassy Trainer said she was a disabled veteran and the dog beside her, Emma, would be her service dog. Emma was wearing an orange backpack which would carry Ms. Cartwright’s things so she could either use her cane or move around with more ease. Ms. Cartwright asked the Commissioners to look into Ms. Dickson’s grant because it would help the veterans that needed the help of service dogs. Randall Storts said he was speaking on behalf of The Sassy Trainer. The dog next to him was Othello, who had been in training for about three months. Mr. Storts said he was not a veteran, but he wanted to be at this meeting on their behalf. His wife was in June 27, 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. wheelchair now so he got her the puppy she always wanted and got them in service training. Mr. Storts said he would love to see the Commissioners give another grant. Kay LaPointe said she delivered some packets to Administration this morning from the Cotillion to pass out to the Commissioners to say thank you for their support. Tom Waters said he was the chairman of the Prostate Cancer Support Group, which met monthly, and there was a meeting tonight at 6:00 p.m. at the Methodist Church. The Veterans Finance Committee would meet on July 28, 2023, at 3:00 p.m. at the Acorn Classroom right across from the Nevada State Bank. Mr. Waters then talked about Ron Frazier and all he did for the community and said he did not want Mr. Frazier to be forgotten. Lastly, Mr. Waters invited everyone to the Purple Heart Day ceremony on August 7, 2023, hosted by the American Legion from 6:00 p.m. to 7:00 p.m. at the Veterans Memorial. Linda Clark stated her support for The Sassy Trainer grant and thanked Helene Williams from the Water District Governing Board for the hearing that was held as it was very informative and the community appreciated it. Darryl Lackey talked about his program to get people out of the parking lots and give them something functional to do so they had value. Pat Minshall said a presentation was made by Hayley Maio and Misha Allen of the UNR Extension where they talked about the programs in Pahrump and Tonopah, but there had been no programs in the last year in Amargosa Valley. Ms. Minshall said she was angry when there were programs for Nye County and Amargosa and Beatty were left out. She asked Ms. Maio why, and she indicated that there were no volunteers. Ms. Minshall stated she had not seen anything in the newspaper asking for volunteers and nothing had been sent to the town asking for volunteers. She wanted the Commissioners to look into that as Amargosa was treated like second class citizens.
Ms. Minshall
then asked the Commissioners to raise the salaries for deputies. John Koenig thanked Sheriff McGill for raising the pay issue. He said the Commissioners might find that if they gave the deputies the money they deserved money would probably be saved on training new ones all the time. Eddie Jim cautioned the public to not mount the horses as they would bite and kick. June 27, 2023
3. Commissioner&/Manager’s Comments (This item limited to announcements or
Commissioner Boskovich
said the pay issue for the Sheriffs Office, fire, and life safety personnel was a huge problem that needed to be addressed, and he had no problem whatsoever increasing it. As far as the homeless camps, he did not want to sound insensitive, but most of the homeless camps were on private property, not BLM land, but they were more than welcome to go to the BLM land and get off of other people’s private property. Commissioner Boskovich then complimented the Assistant County Manager because she reached out to the public defender who was having issues and not showing up to court that he mentioned a while back and he thought that situation was resolved and moving along in the right direction. Regarding solar, Commissioner Boskovich said everyone knew how he felt about it. He understood the need for solar and clean energy, but it did not need to be right next to the highways on both sides between Pahrump and Tonopah. Lastly, Commissioner Boskovich said at the last meeting a gentleman asked for the Board to support in a project to study the atmospheric turbulence at the Tonopah Airport. Prior to that meeting he talked to that group and was assured that it had nothing to do with wind turbines. After that meeting somebody brought it to his attention that they believed it did have to do with wind turbines. Commissioner Boskovich called the presenter, who finally admitted it did indeed have to do with studies on wind turbines, which Commissioner Boskovich also did not want.
Commissioner Cox
said the County needed to take its land back from BLM. BLM was also cruel to the horses and burros and some of the officers should be arrested for the abuse. She said a lot of people were supporting the wild horses and things were moving forward slowly. Next, Commissioner Cox knew the Sheriff’s Department had some excellent officers, but she thought there was a problem with some of the upper echelon who got outrageously good pay. She suggested the Sheriff work with the unions or apply for grants to pay their people more money. She wondered why money was being spent to train people from Las Vegas and those other communities knowing they would leave here in the long run and go to work somewhere else. As to the homeless trash situation, she suggested asking the dump to put a few dumpsters they could pick up once a week so the people had a place to put their trash.
Commissioner Strickland
said the Commissioners had their eyes on Ash Meadows too and they did not like it a single bit. That lithium mine should be in Railroad Valley where they wanted it. There was a lot said about the homeless, and Commissioner Strickland pointed out there would always be homeless people and the County would always have to figure that out. As far as the deputies, Commissioner Strickland advised the Board would address that in closed session sometime today and see if they could get some answers.
Commissioner Jabbour
said he attended the VFW event in Tonopah and thanked
Commissioner Carbone
for coming up for it. Duckwater also had its annual powwow.
Commissioner Jabbour
attended the Beatty Advisory Board meeting last night where there was a presentation by Mason Voehi. Mr. Voehl was working on the project through June 27, 2023 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshops/agendas)-Cont’d. the Amargosa Conservancy and said their plan was to drill 30 bore holes the distance between 250 and 300 feet and that the groundwater could be intercepted, which was very dangerous. Mr. Voehi also admitted the area was home to 25 endemic species.
Commissioner Jabbour
asked Mr. Voehl what the water basin was, which was Basin 230, and how they would mitigate the risk of puncturing the aquifer. Planning Director Brett Waggoner said during the first meeting in January, 2023, one of the amendments made to the marijuana licensing requirements was a stipulation that if they went six months or longer without reporting any sales, transfers, or revenue they would be eligible for a show cause. On July 18, 2023, all of the marijuana license renewals would be on the agenda. Mr. Waggoner wanted to know if the Commissioners would like the reports on three of the facilities given at that time or if they wanted him to follow the procedure in the Code. Contracts and Grants Manager Stephani Elliott advised with Lorina Dellinger’s assistance Contracts and Purchasing Administrator Honey Strozzi would publish a request for proposal for a class compensation study, which would be brought to the Board in the near future. Also, July, 2023, was CDBG month so Ms. Elliott would bring forward a presentation.
6. 10:00 a.m. For Possible Action Discussion and deliberation regarding the
Commissioner Cox
said she was seeing a lot of red figures versus black and asked if that indicated overspending. June 27, 2023 6. 10:00 a.m. For Possible Action Discussion and deliberation regarding the — — monthly statement of county treasurer pursuant to NRS 354.280 including receipts, balances in funds, money on deposit, outstanding checks, and cash on hand-Cont’d.
Ms. Powers
said that would be a great question for the Comptroller. If Commissioner Cox was looking at the Treasurer’s report, anything in the negative or red was an indication of money spent. If she was looking at the Finance journal entry section, money was being reclassified. If it was the bank reconciliation report, the column titled withdrawals showed the County was spending. Red did not mean anything bad on these reports. Tim Bohannon said the report looked better and better every month.
8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation
Commissioner Carbone
made a motion to continue this item to August 1, 2023, at 10:00 am.; seconded by Commissioner Strickland; 5 yeas. June 27, 2023
9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation
Commissioner Boskovich
asked how much the annual licensing fee in Clark County was because he thought it was $25,000.00.
Mr. Waggoner
thought the fees in general needed to be looked at.
Commissioner Carbone
said direction was already given to staff to look at those.
Commissioner Jabbour
opened the public hearing. Linda Clark said she did not support marijuana lounges and thought marijuana created problems for the community.
Commissioner Jabbour
closed the public hearing.
Commissioner Carbone
made a motion to adopt Nye County Bill No. 2023-05 proposing to change Nye County Code Title 5; seconded by Commissioner Cox.
Commissioner Carbone
amended his motion to adopt Nye County Bill No. 2023-05 proposing to change Nye County Code Title 5 with an effective date of July 17, 2023;
Commissioner Cox
amended her second; 5 yeas. June 27, 2023
10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation
Commissioner Jabbour
opened and closed the public hearing.
Commissioner Carbone
made a motion to adopt Nye County Bill No. 2023-06 amending Nye County Code Title 17, Zoning Requirements, with an effective date of July 17, 2023; seconded by Commissioner Strickland; 5 yeas.
11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation
Commissioner Cox
asked how much it cost to get a CUP.
Mr. Waggoner
said with noticing and fees it was $525.00.
Commissioner Jabbour
opened the public hearing. June 27, 2023 11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2023-07-Cont’d. Linda Clark asked if a particular area was being designated for multi-family use.
Mr. Waggoner
explained it was creating another permissive use and was not specific to any project that was being planned.
Commissioner Jabbour
closed the public hearing.
Commissioner Jabbour
asked if the RPC was familiar with any of the proposed changes.
Mr. Waggoner
said no. He noted two were typos and he did not anticipate any pushback from the RPC on the changes.
Commissioner Strickland
made a motion to amend and adopt Nye County Bill No. 2023- 07 with an effective date of July 17, 2023, removing footnote three, single-family home, and rather than a permissive use should require a CUP; seconded by Commissioner Boskovich; 5 yeas. 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.
18. For Possible Action Approval of the Elected Official Collection Report
Commissioner Strickland
made a motion to approve items 1 8-23; seconded by
Commissioner Carbone
; 5 yeas.
19. For Possible Action Approval of meeting minutes from the joint meeting on
Commissioner Strickland
made a motion to approve items 18-23; seconded by
Commissioner Carbone
; 5 yeas. June 27, 2023
20. For Possible Action Approval of an offer of dedication for road right-of-way
Commissioner Strickland
made a motion to approve items 18-23; seconded by
Commissioner Carbone
; 5 yeas.
21. For Possible Action Approval to accept a Restrictive Covenant Running with
Commissioner Strickland
made a motion to approve items 18-23; seconded by
Commissioner Carbone
; 5 yeas.
22. For Possible Action Approval of Return of Sale; Affidavits of Publications
Commissioner Strickland
made a motion to approve items 18-23; seconded by
Commissioner Carbone
; 5 yeas.
23. For Possible Action Approval to: 1) Accept the no-cost Grant Amendment
Commissioner Strickland
made a motion to approve items 18-23; seconded by
Commissioner Carbone
; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 12. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Town of Pahrump Resolution No. 2023-03: A Resolution to Augment and Amend the 2022-2023 Budget of the Town of Pahrump, State of Nevada. Elizabeth Jordan explained additional revenues from FY22 were rolled over into FY23 that staff would like to utilize to complete a project at the Bell Vista firehouse.
Commissioner Carbone
made a motion to adopt Pahrump Resolution No. 2023-03; seconded by Commissioner Cox. June 27, 2023 12. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Town of Pahrump Resolution No. 2023-03-Cont’d.
Commissioner Carbone
amended his motion to adopt Pahrump Resolution No. 2023-03 amending the fund in the amount of $66,603.00; Commissioner Cox amended her second; 5 yeas. 13. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject budget transfer of appropriations between Community Support and Operating Transfers within Town of Pahrump General Fund 25101. Elizabeth Jordan said this would move funding from Operating Transfers into Community Support within the Town of Pahrump in the amount of $26,000.00.
Commissioner Strickland
made a motion to adopt; seconded by Commissioner Cox; 5 yeas. 14. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2024 Public Safety Sales and Use Tax (PSST) plan for Pahrump Valley Fire Rescue. Fire Chief Scott Lewis presented his 2024 Public Safety Sales and Use Tax spending plan, which included personnel, recurring costs, and equipment. Tim Bohannon said he did not see anything for maintenance and installation of items which he felt was important to know.
Commissioner Boskovich
made a motion to adopt the FY24 PSST Plan for Pahrump Valley Fire Rescue; seconded by Commissioner Strickland; 5 yeas. 15. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Off Highway Vehicle Park Advisory Committee from the following list of applicants: Jimmy Lewis; andlor 2) Direct staff to re-advertise for the appointment.
Commissioner Strickland
made a motion to appoint Jimmy Lewis; seconded by
Commissioner Carbone
. Samantha Tackett asked that the motion include the term.
Commissioner Strickland
amended her motion to appoint Jimmy Lewis to a two-year term ending January, 2025; Commissioner Carbone amended his second.
Commissioner Cox
asked if only one person applied or did someone else pick this person. June 27, 2023 15. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pah rump Off Highway Vehicle Park Advisory Committee from the following list of applicants: Jimmy Lewis; andlor 2) Direct staff to re-advertise for the appointment-Cont’d.
Mrs. Tackett
said she would have to check, but regardless of who the advisory committees decided to recommend all applications were provided to the Board.
Commissioner Cox
asked if it was advertised, to which Mrs. Tackett responded yes.
Commissioner Strickland
made a motion to approve and fund from 24402; seconded by
Commissioner Carbone
; 5 yeas. MANHATTAN 17. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject budget transfer of appropriations between functions within the Town of Manhattan General Fund 27101. Elizabeth Jordan explained this was a transfer to support the Manhattan Water Fund. The request was to move the appropriation budget from the Administration Department into operation transfers so the operations of the Manhattan Water fund could continue.
Commissioner Strickland
made a motion to adopt and fund from 27101; seconded by
Commissioner Carbone
; 5 yeas. June 27, 2023 SITTING AS THE BOARD OF COUNTY COMMISSIONERS ASSESSOR
25. For Possible Action Discussion and deliberation to: 1) Appoint at least one
Mr. Boiling
said there were diesel vehicles in the County and it paid the current diesel tax rate.
Commissioner Carbone
made a motion to appoint one person to the favorable side of the five cent diesel tax, Tom Boiling, and appoint for the opposite side Lydia Parrish and Karen Sansone-Waldman; seconded by Commissioner Cox; 5 yeas. Brian Kunzi offered to help the members of the committee. June 27, 2023 SHERIFF
30. For Possible Action Discussion and deliberation to issue a Display Fireworks
Sheriff McGill
said items 26-30 were simply for a temporary one-time use permit for fireworks displays on the 4th of July and the Sheriffs Office had no objections to their issuance.
Commissioner Carbone
made a motion to approve items 26-30 as written; seconded by
Commissioner Strickland
; 5 yeas.
31. For Possible Action Discussion and deliberation regarding the renewal of a
Sheriff McGill
said this item was for renewal of a retail/wholesale fireworks business that had been in business in Pahrump for several years and there were no objections from the Sheriff’s Office. Chief Scott Lewis advised the majority of these vendors had these storage trailers on their properties and were moving forward with plans to have facilities. He had been June 27, 2023 31. For Possible Action Discussion and deliberation regarding the renewal of a Wholesale/Retail Fireworks Permit for Phantom Fireworks Showrooms dba Phantom Fireworks located at 921 South Highway 160, Suite 501, Pahrump, NV. William Weimer Applicant-Cont’d. working with Planning to make sure there were the necessary fire precautions and suppression systems built into the building.
Commissioner Carbone
made a motion to approve the renewal of the wholesale/retail fireworks permit; seconded by Commissioner Cox; 5 yeas. The Board was in recess until 2:30 p.m.
Commissioner Cox
was not present. COUNTY MANAGER
32. For Possible Action Discussion and deliberation to reschedule the date for
Commissioner Strickland
made a motion to approve; seconded by Commissioner Carbon e. Tom Waters asked if the second meeting would still be held the following week or would it be pushed out two weeks.
Commissioner Jabbour
said this item was only rescheduling the meeting in the first week of October, 2023, and everything else would remain the same.
33. For Possible Action Discussion and deliberation regarding approval to
Commissioner Carbone
made a motion to approve the $20,000.00 funding from 10210 Veterans Services Fund; seconded by Commissioner Boskovich; 5 yeas.
Commissioner Carbone
suggested looking into this for the VFW in Tonopah.
34. For Possible Action Discussion and deliberation to adopt, amend and adopt,
Commissioner Cox
was against the Commissioners being included in this plan as they were not employees.
Commissioner Jabbour
mentioned workmen’s compensation injuries and said he would like to see follow-up and retraining in the policy to ensure the injury did not happen again.
Commissioner Carbone
asked about the timeline for posting the policy. Tim Sutton said there was no set time limit because there had been a lot of lawsuits, accidents, and other things. He wished he could say those were limited to just traditional employees, but they had not been and included elected officials and County Commissioners. If there was consternation about using the word employees and concern with that encompassing elected officials, Mr. Sutton said that separation could be made as was done in other policies. If the Commissioners were inclined to include themselves in this, most of the training would not apply to them or other elected officials, but Mr. Sutton thought that was where the Risk Manager would come in and make determinations as to what training was applicable to who. However, Mr. Sutton pointed June 27, 2023 34. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-18: A Resolution Establishing a Nye County Safety Program Policy-Cont’d. out training like cybersecurity, bullying, harassment and other things were applicable to everybody and everyone was under the same insurance policy.
Commissioner Boskovich
asked Mr. Skinner if was able to speak to the department heads to see if they had any thoughts, or could he.
Mr. Skinner
explained he went off of what was written in the NRS and worked with the District Attorney’s Office, but since there was more time he could do that. He would also take Commissioner Jabbour’s feedback and come up with some language to incorporate into the plan. Tom Boiling stated his department had roughly 70 employees who were in the field. According to the appendix they would have to be trained annually on 38 different tasks, which would cost his department over $60,000.00. He wondered if there was any thought about having Risk Management pay for part of that training because all departments were short on funding.
Commissioner Cox
wanted to know who her employer was.
Commissioner Boskovich
stated he reported to the voters and did not need more oversight.
Commissioner Strickland
suggested language that elected officials were not subject to this policy.
Commissioner Jabbour
pointed out the $60,000.00 cost of the training could be the cost of one person getting hurt.
Mr. Skinner
said he would take the question about the employee definition back and work with the District Attorney to figure out the details because that had some ramifications. He also thought there could be discussion about cost, but it was important to understand the purposes of the risk management budget especially being in a self insured retention position.
35. For Possible Action Discussion and deliberation to adopt, amend and adopt,
Commissioner Boskovich
said the Pahrump Museum indicated to him they needed a one-time $12,500.00, but this showed $26,000.00.
Commissioner Carbone
said the $12,000.00 was a guess.
Commissioner Boskovich
asked if there was an exact accounting, to which Ms. Jordan responded yes. Marilyn Davis, director of the Pahrump Valley Museum, said they had reached out to each of the Commissioners with the issues they had. They did not have the ability to move their money anywhere they wanted. They wanted to have an MOU with the County that stated their salaries must be paid through County funds as they did not make enough money to pay the salaries and Tonopah had the same problem. In February, 2020, the Commissioners decided to cut their tax rate to support the airport fund and that was pretty much where everything happened
Commissioner Cox
asked who controlled the salary, to which Ms. Davis responded the museum’s board of directors. Tim Bohannon said the museum was being impacted a little bit by the work that was being done on Basin so he was sure the attendance was not as high as it could be, and it was certainly not as high as when the Wild West Extravaganza was going. Mr. Bohan non asked the Board to take that into consideration. Herman Lewis asked the Chairman to get to the bottom of this because he did not want to lose the museum. June 27, 2023 35. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-19-Cont’d.
Commissioner Carbone
made a motion to adopt Resolution No. 2023-19 for funds 10209, 10214, 10215, and 10220 forthe amounts listed; seconded by Commissioner Strickland; 5 yeas.
36. For Possible Action Discussion and deliberation to adopt, amend and adopt,
Commissioner Carbone
noted the item said Nye County Ambulance Fund, but mainly the ambulance fund drove out of the Town of Pahrump. Elizabeth Jordan said Nye County had an ambulance fund as well which supported the volunteer ambulance services in Nye. She advised there were several departments that would need an augment. She explained the Comptroller’s Office saw less expenditures on salaries and benefits mainly because there was no Comptroller for part of the year. That budget was reduced and allocated to other departments that needed it. The Clerk’s Office needed an augment mostly because of additional postage and purchases for the election. The Clerk’s Office received reimbursement from the State, but that amount was unknown so instead of causing a department violation Finance would make it whole and put the funds received from the State into the general fund. Another department that needed an augment was Buildings and Grounds due to the increased cost of electricity as well as bringing two buildings on-line. The total of the transfer of funds was $949,000.00.
Commissioner Jabbour
mentioned the $25,000.00 set aside for a grand jury, but he did not think a grand jury was ever put in place.
Ms. Jordan
said that was correct, but there was a placeholder in the event there was a grand jury. Tim Bohannon said the big hit he saw was primarily around the services. Supplies were higher because of inflation and interest rates. He said that was where the forecasting came in.
Commissioner Strickland
made a motion to amend the General Fund 10101 and Nye County Ambulance Fund 10282; seconded by Commissioner Carbone; 5 yeas. June 27, 2023 NATURAL RESOURCES
37. For Possible Action Discussion and deliberation to approve entering into a
Commissioner Carbone
said it was important to make them understand Nye County did not want solar. Helene Williams said whoever went to the table with BLM had to make them understand Nye County had some serious concerns and not just in Basin 160. She said this was about money, not water or what the people wanted with their land. Linda Clark felt solar was a farce and that BLM should stay out of Nevada. Priscilla Lane said the BLM could not be trusted and would use whatever means to get whatever they wanted. Dee Mounts asked that Helene Williams be allowed to participate in this because she was the County’s water girl. Tim Bohannon said he had heard potential misstatements of the amount of water consumption, which was an issue. He mentioned the recovery of land and felt that had to be included. Eddie Jim said transparency was a major problem with BLM and they did not tell the truth. Leah AId ridge reminded the Board of what BLM did at the Bundy Ranch. She said the County should never consider doing business with BLM ever again. Mike Fender said the most important thing was to have a good person at the table to listen to what BLM had to say and the County could say what it wanted to.
Commissioner Strickland
made a motion to approve entering into an MOU with BLM as a cooperating agency for the NEPA process with regard to the Western Solar June 27, 2023 37. For Possible Action Discussion and deliberation to approve entering into a Memorandum of Understanding (MOU) with the Bureau of Land Management (BLM) to participate as a Cooperating Agency in the National Environmental Policy Act (NEPA) for the Western Solar Programmatic Environmental Impact Statement update-Cont’d. Programmatic Environmental Impact Statement update; seconded by Commissioner Carbone.
Commissioner Carbone
said he would like a weekly or monthly review, which staff was directed to do.
Commissioner Cox
did not understand the need for an MOU as anyone could speak during the NEPA process. She asked Ms. Labadie if she would be the person going, to which Ms. Labadie responded yes along with Natural Resources Director Lorinda Wichman.
38. For Possible Action Discussion and deliberation to: 1) Approve, amend and
Commissioner Strickland
hoped the other Commissioners could support this. PILT was what the government paid the County for its lands. The County received $3.84 million, but only budgeted $3.7 million, leaving $140,000.00 and $120,000.00 was needed. Basically PILT was self-funding the center that Commissioner Strickland would like the other Commissioners to support. She believed the center was a resource the County needed for horse and water issues. June 27, 2023 38. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a request from The National Association of Counties (NACo) and Nevada Association of Counties (NACO) to contribute $120,000.00 toward the National Center for Public Lands; and 2) Authorize the Comptroller to determine a funding source-Cont’d.
Commissioner Cox
supported Commissioner Strickland’s comments.
Commissioner Carbone
asked when the $120,000.00 was required.
Ms. Labadie
explained the total fundraising amount was $15 mfllion and they wanted to collect that over a period of two years. She was not sure when that started, but the County received an invoice in February, 2023. They wanted a commitment per state by the time NACO had their conference at the end of July, 2023.
Commissioner Carbone
asked when PILT was received. Elizabeth Jordan said a week ago.
Commissioner Carbone
commented if the County took the land back it had to learn how to mange it, otherwise it should not even be attempted. Herman Lewis cautioned that NACO was not exactly what it appeared to be. Linda Clark said she did not trust the BLM. Dee Mounts did not see why the County should give $120,000.00 to an organization that had never given the County its land back, If it was going to be done, she said it was important to put everything on the table and let BLM know where the County stood. Brett Waggoner thought this was a good idea to stand united with counties and states that were facing the same issue. He mentioned an auction of four parcels today. He did not know the results of two of them, but the other two raised $80 million roughly for BLM today. He thought this would be money well spent. Tim Bohannon agreed with this, but thought the cost needed to be assessed. Priscilla Lane also cautioned the Board about NACO. Mark Kampf wondered how the figure of $120,000.00 was determined. He looked at Utah, and all of the counties combined was $815,000.00. Dividing that by the Utah population came up with a rate per person. Multiplying that times the number of people in Nye the County’s bill would be around $13,000.00. June 27, 2023 38. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a request from The National Association of Counties (NACo) and Nevada Association of Counties (NACO) to contribute $120,000.00 toward the National Center for Public Lands; and 2) Authorize the Comptroller to determine a funding source-Cont’d. Elizabeth Jordan said the PILT money received was deposited into the general fund. When the motion was made the money should come from contingency as that was where it needed to be expended from.
Ms. Labadie
explained NACO was not a federal or state agency and it worked closely together with the rural counties. Also, the price was not based on population. It was based on acreage. Since Nye had the most acreage in the State it would probably benefit the most from the research.
Commissioner Strickland
made a motion to approve the request from the National Association of Counties and the Nevada Association of Counties to contribute $120,000.00 toward the National Center for Public Lands and authorize the Comptroller to use that money out of contingency; seconded by Commissioner Carbone; 5 yeas. PLANNING/BUILDING/CODE COMPLIANCE
39. For Possible Action Discussion and deliberation regarding a request to: Set a
Commissioner Jabbour
suggested Mr. Bohannon call in. Brett Waggoner suggested Mr. Bohannon e-mail any comments to the Planning Department and they would be included in the back-up if they were received timely.
Commissioner Carbone
made a motion to set the time, date, and location as July 18, 2023, for Resolution 2023-17 in Pahrump; seconded by Commissioner Boskovich; 5 yeas. June 27, 2023
40. For Possible Action Discussion and deliberation on ETSU-23-9: An
Commissioner Cox
asked what would happen if the Board did not approve this.
Mr. Waggoner
said a lawsuit and breach of the development agreement.
Commissioner Strickland
made a motion to extend the time for tentative map TM2O1 9- 000017 for Specific Plan located at Planning Area 3-3B; seconded by Commissioner Carbone; 4 yeas. Commissioner Cox voted nay. PUBLIC WORKS
41. For Possible Action Discussion and deliberation to: 1) Approve the purchase
Commissioner Carbone
noted these particular parcels were the most expensive land in the County.
Mr. Boiling
said correct, but then the wheel would have to be re-invented and the County would have to buy how many acres to include what the yard was currently. This would also benefit the light duty shops and the facilities department. Linda Clark asked what else the land could be used for and what it was zoned for.
Commissioner Carbone
said it was for a single-family home.
Ms. Clark
asked if the people who lived there knew about this. June 27, 2023 41. For Possible Action Discussion and deliberation to: 1) Approve the purchase of a property needed for expansion of the road department yard, consisting of 0.161 acres located at 720 East Ziba Lane, Pahrump, NV, Assessor’s Parcel Number 038-202-28; 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 necessaryto transfer the property-Cont’d.
Commissioner Cox
said no one lived in the area.
Commissioner Strickland
recused herself as she did not disclose at the beginning of the item that she was a real estate broker.
Commissioner Strickland
was not present.
Commissioner Carbone
made a motion to approve the purchase of the property to expand the Road Department’s yard, APN 038-202-28, pay the fair market value of the appraisal, fund from 10205 Roads, and direct staff to fill out the necessary documentation for the property transfer; seconded by Commissioner Boskovich; 4 yeas.
42. For Possible Action Discussion and deliberation to: 1) Accept the
Commissioner Carbone
made a motion to accept the Community Block Grant #23/P F/06 in the amount of $500,000.00 and to add the additional $150,000.00 in cash coming out of the Airport Fund 20209 with the $10,000.00 in-kind match; seconded by
Commissioner Boskovich
; 5 yeas.
44. For Possible Action Discussion and deliberation to consider a request to
Commissioner Jabbour
said NV Energy was not able to get the letters of support from both Amargosa and Beatty as back-up in time, but the letters did existed. Brian Kunzi expressed concern because the County was in the process of trying to develop planning, development agreements, and things of that nature to apply to this area. If the Board removed the moratorium then the opportunity would be lost to be able June 27, 2023 44. For Possible Action Discussion and deliberation to consider a request to approve an amendment to Nye County Resolution No. 2023-15, to allow the Amargosa Valley Solar Energy Zone to be excluded from the renewable energy moratorium-Cont’d. to control how the construction and things were done. He requested that this not be granted so the work with the Planning Department could continue.
Commissioner Cox
felt this would also set a precedence which could affect every town in the County. She asked the Commissioners to consider what it could start.
Commissioner Strickland
said there were communities that welcomed solar. The ordinances were being written now and she thought maybe the Board should wait for them to be completed rather than remove a moratorium for just one area.
Commissioner Jabbour
said he was opposed to lifting the moratorium, but he was not opposed to giving the Planning Director one-time authority to allow this in the area of Beatty and Amargosa. That would not lift the moratorium in the rest of the County and did not affect the development agreement that was in place. Brett Waggoner clarified there was no development agreement at this point. He had meetings with NV Energy and several other developers and talked about what a development agreement would consist of, but there was no draft in review. One of the things he suggested to NV Energy when they brought this forward was to put on the record that they would enter into a development agreement. He was also concerned if this was lifted anywhere as the only requirement today was an SUP. He also confirmed the existence of letters from Amargosa and Beatty stating their support of this one exclusion.
Commissioner Carbone
asked if there was a problem with working on the development agreement today.
Mr. Kunzi
said no. His office was working with Planning to fast track it, but he thought it was setting a precedent to tell one developer they could and another they could not.
Commissioner Strickland
said the request form stated NV Energy was planning to participate in a BLM auction for solar land and she asked when that auction would be.
Mr. Waggoner
said it already happened and they were the winning bidder on both parcels. Mike Fender wondered if this was the original Amargosa Valley solar zone that was initiated in 2010. He said he was not opposing this, but he was not happy about it. Helene Williams stated if the Board allowed one it would have to allow others or there would be lawsuits so she thought everybody ‘s hands were tied. June 27, 2023 44. For Possible Action Discussion and deliberation to consider a request to approve an amendment to Nye County Resolution No. 2023-15, to allow the Amargosa Valley Solar Energy Zone to be excluded from the renewable energy moratorium-Co nt’ d. Dee Mounts thought the Commissioners needed to stick to their guns on this kind of stuff instead of wavering. She said the solar farm group had talked to the voters in Amargosa and Beatty and they did not want this. Tim Bohannon felt it was unwise to do this for NV Energy and nobody else, but he was not opposed to it. Linda Clark asked when NV Energy convinced Amargosa that they should be part of this. She also wondered if Amargosa had a large water supply to do this. She was against the County doing this. Herman Lewis asked the Commissioners to stay strong on the moratorium and have the District Attorney look into this.
46. Commissioners’IManager’s Comments (This item limited to announcements or
Commissioner Cox
asked for an update on her request for outside forensic audits of all the departments. Tim Sutton said he would have to get back to her on that.
Commissioner Boskovich
said he did not trust the BLM and they did not care about the people in Nye County. As far as solar fields and the auction held this morning, he said that was the direction everything was heading and there would be massive solar fields right next to the highways unless the County did something to change their mind.
Commissioner Carbone
wanted to make sure the impact fees were being worked on as well as any other fees for all the development projects, cannabis, liquor licensing, and anything else of that nature. Brett Waggoner confirmed that it was being worked on. it was a complicated process so he would be conferring with the District Attorney’s Office as he believed most of that would have to go out for a business impact study.
Commissioner Carbone
said Commissioner Boskovich brought up an issue about the air flow study at the airport. He thought that study needed to be brought back and the individual drilled to maybe say no to what they were doing.
Commissioner Strickland
said Kelli Sater advised the chili cook-off and the balloon festival would not be held. Those two dates were available and a promoter was needed. She then advised Governor Lombardo got the County funding in the amount of $1 .2 million for cloudseeding.
Commissioner Cox
talked about a horse named Mr. Fletcher who was shot and killed by BLM because he would not get in the trailer because he was scared and started getting rowdy. She wanted to call the Sheriff’s attention to that and asked him to move forward and prosecute the agents responsible for the murder of Mr. Fletcher.
Commissioner Jabbour
reminded everyone to protect family and friends, conserve water, and spay/neuter pets. Brett Waggoner provided an update on the BLM auction discussed earlier. It was held today and there were 23,675 acres auctioned off in Amargosa Valley, which were four different parcels, two of which were the ones talked about earlier. Those went for $105450 million.
Sheriff McGill
thanked Tom Boiling for finding the Sheriff’s Office 21 new vehicles that they would purchase and Mr. Boiling was working on more. ___________day June 27, 2023 46. Commissioners’/Manager’s Comments (This item limited to announcements or topic/issues proposed for future workshops/aqendas)-Cont’d. Samantha Tackett advised the chili cook-of and balloon festival were simply on pause while things were being reworked. The event host and coordinator did not completely cancel, and within the last business week there were issues with the naming of the event and dates.
47. ADJOURN
Commissioner Jabbour
adjourned the meeting. APPROVEDthi5 ATTEST: Of Lf4UY)J2€X , 2023. air Ny Couity Clerk I Deputy Opposition of BLM approval on ANY Lithium mining & projects in Water Basin 230. June 27, 2023 Good Morning. My name is Dawn Duncan, and I am speaking here today on Tuesday, June 27th, 2023, in opposition of any BLM approved projects supporting future Lithium mining, including Lithium mining itself, within the Amargosa River Valley’s Water Basin 230, and on the front steps of the Ash Meadows Conservancy. The BLM, in conjunction with NV Fish & Game has willfully granted approval to move forward with actions that will be leading up to future Lithium mining, without an opportunity for an open public comment forum, a desert environment impact study, or input from federal environmental protection agencies. All the while, the NDWR has current Order #1330, out there restricting the water rights, transfer rights and the usage boundary from 10 miles out to now include a whooping 20-30 miles out, all in the name of “protecting’ the Devils Hole pupfish and Ash Meadows, against heavy water pumping. Lithium mining uses millions of acre feet each day to continuously provide water to their rotating drying leach fields. So, how is it, knowing full well that the State ordered water restrictions are in effect, that these proposals leading up to a future Lithium mine were approved to begin with? The photos, I’ve included in each of your packets, and please pass them around, were taken at an active operating Lithium mine in Silver Peak, NV. As you can see, the mining has left far reaching scars and permanent toxicity to the surrounding fragile desert environment and land. The Metall Foote & Albemarle lithium mining corporations have destroyed that entire, once beautiful valley and the damages are on an environmental scale of which you can NOT imagine. If you want to see what this type of catastrophic mining, with it’s miles and miles of chemicals and drying leach fields, does to the natural desert environment and native landscape, then I encourage EACH of you to visit Silver Peak, NV, -boots on the ground, where you will personally understand the gauge and depth of total devastation that active lithium mining has brought to our State and to a once untouched valley. While we were observing that lithium mine in operation, we noticed there were no living desert creatures anywhere to be found. No birds were singing, no hawks in the air, no lizards running around, no ground squirrels playing, no ATrACHMENT 1 hares, no rabbits, no coyotes, no pronghorn antelope. No nothing. Not even any annoying Grasshoppers or Mormon crickets, for that matter. It was completely absent of any animal sounds and movement. An eerie, silence. ...a dead zone. Void of any life, whatsoever. Silver Peak, NV is truly, a toxic area in every sense of the word, covering 1000’s and 1000’s of acres, as far as one can see. Every single day, they are using unprecedented amounts of acre feet of water, to flood irrigate their enormous, chemically toxic football stadium sized leach fields. So, in regards to Nye County’s beautiful Amargosa River Valley, the stunning wetlands of Ash Meadows, it’s surrounding critical land, and it’s unsure future, let me State... this land belongs to the people. The BLM does NOT own this land. They are set forth here, as stewards, to manage it, in a way that cares for the environments best interests. And with that, let me be clear.. .our water basin is unique and rare. Any future Lithium mine, when in operation, will do nothing but irreparable damage and unequivocal harm to our pristine river valley, water basin, and critical species only found here, for 100’s of years, long after the mining has ceased. In closing, WE have a voice and we are NOT here... to be bought and sold by the BLM, to the highest bidder, under the guise and potential benefit of “new green energy”. Your positions and the reasons you are here on this Board.. .are to protect this County, and the best interests of the people who reside within it and that is why I am bringing this urgent concern to your attention. Therefore, we are asking you to step in immediately and STOP... the BLM approved forward movement of ANY of their proposed Lithium mining & said projects in Water Basin 230; to include the protected Ash Meadows Conservancy, the critical land surrounding around it, and the Amargosa River Valley area, in total. Thank you. (____