July 18, 2023

Commissioner Cox

said the Board knew the homeless people were an issue and if anyone had any ideas or wanted to put a committee together they should come to the Board. As to the BLM, she understood that the BLM only managed property and wondered how it could enter into any contract to sell a piece of property to anybody when the County only gave them the right to manage the people’s properties. She thought the District Attorney needed to look into that because the $100 million they received during the auction belonged to the taxpayers, not the BLM.

Commissioner Boskovich

said when he left The Wine Down last week there were homeless people either sleeping or making their beds right there on the sidewalk. He literally had to walk around them and the lack of concern they had for anybody else’s property was really concerning to him. He knew the Sheriffs Department was burdened and had staffing issues so more work to address the issue could not really be thrown at them, but there was a serious problem coming and Commissioner Boskovich felt if something was not done now no one was going to like what they saw at the end.

Commissioner Boskovich

said he had been working with Samantha Tackett in an effort to streamline the process for businesses that wanted to come to town. He had received complaints that it was very difficult to open a business in Nye as there was too much bureaucracy and red tape. Commissioner Boskovich said he had met with a city councilman from Henderson regarding solar. If Nye was gong to be forced to have solar farms by the BLM, he would like to look into imposing a $500.00 impact fee per panel as that was what Henderson did and it deterred a lot of them. Commissioner Boskovich wondered if there was an ability to have a sign-on commitment when a new Sheriffs deputy or EMS person was hired that they commit to a period of time and felt the District Attorney could help with that. Lastly, a couple of meetings ago Risk Manager Jake Skinner presented a safety policy for Nye County and Commissioner Boskovich was happy to report that Mr. Skinner had been able to talk to the other electeds and department heads about that.

Commissioner Carbone

said he had an issue with the Northern Nye County Hospital District that he wanted to talk to the District Attorney about. He then asked for an July 18, 2023 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslaqendas)-Cont’d. agenda item for a workshop for the homeless issue so the Board could actually sit down and figure out what was going to be done.

Commissioner Strickland

advised the OHV park would have the last portion of the dirt from the dig out from Pahrump Valley Boulevard hauled over by Public Works.

Commissioner Jabbour

said he usually ended the meeting with a reminder to protect family and friends, which was evident as far as what happened this week with the missing child. He also closed with save water and urged people to not let their faucets run, but the scheduled balloon fight was an exception. He then announced the candy store on U.S. 95 in Beatty would have their 40th celebration Saturday from 6:00 p.m. to 9:00 p.m. Mark Kampf stated On December 28, 2022, he received an e-mail from Judge Wanker saying that over the past year she had been working with Judge Lane to transition the clerk of court over to the supervision and control of the District Court. Judge Wanker and Judge Lane wanted to meet with Mr. Kampf the following week to discuss finalizing the transition of court functions and personnel to the District Court. That meeting never occurred. Initially as Clerk Mr. Kampf decided to start working on some of the things relative to what was going on in his department, one of which was the Pioneer system used to keep track of the legal documents as well as trying to provide some sort of control over the inventory of evidence which was not happening. He reached out to the judge offering his help and assistance. The e-mail he received back reminded him that the Commissioners approved the establishment of the court administrator and that this was the first step in basically moving the clerk of court functions under the Fifth District Court. Additional comments were that Mr. Kampf had inserted himself in the District Court’s case management system; that he continued to involve himself in court issues that were not his concern; to stop whatever project he had initiated concerning District Court files and the vaults in Pahrump and Tonopah; and to please stop interfering with the District Court case management system. Mr. Kampf advised 2024 was going to be a challenging election year and there were some additional changes he needed to make to the election processes such as reducing the lines at the polls; early voting and election day ballot control procedures; and the acceleration of delivery of the results on election night. Since the District Court was working with the District Attorney on the transition of the clerk of courts function to the District Court without Mr. Kampf’s involvement and with no solid feedback on the status of the assumption of the duties currently under his purview, Mr. Kampf requested that the Board of County Commissioners direct the District Attorney to develop the appropriate resolution to complete the transition in a manner that was acceptable to the County and considered the needs of the County Clerk as an important election year approached. July 18, 2023

Commissioner Boskovich

asked if someone was trying to complete the application if staff was available to help and guide them, to which Ms. Elliott responded yes. Kathy McKenna suggested looking at a transitional shelter for the homeless attached to a nutritional center. She said she had found a 10,000 square foot building for this project. She hoped to also have workforce development in the building. A psychiatrist had also committed for individual and group therapy. Michael David Garcia said the homelessness would never be fixed if everyone looked away and government was not the answer. Pat Minshall said Amargosa had a crumbling park bathroom. They were getting quotes and she hoped that could be put on an agenda. David Vanderbeek, a licensed marriage and family therapist in Nye County, wondered if he could receive funds to renovate a neglected building so there would be a place for baby therapists to grow. He said he had five clients in Great Basin Community College and he wanted to have some place for them to practice therapy as they went through that program. Mr. Vanderbeek thought this would be a great economic opportunity in terms of job creation and retention. July 18, 2023 II. 10:00 a.m. For Possible Action Public Hearing Discussion and — — — deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2023- 17: A Resolution proposing to adopt the 2023 Pah rump Regional Planning District Master Plan Update.11. Quiana Medici and Brett Waggoner present Quiana Medici from Planning said this resolution would adopt and certify the 2023 Pahrump Regional Planning District (PRPD) Master Plan update. The previous update was adopted in 2014 and the current update began in March, 2019. There was a publicly noticed workshop and a review of each chapter of the PRPD master plan during the monthly Planning Commission meetings. The Planning Commissioners offered their suggestions and provided guidance on what was needed to bring the master plan into 2023. The public who attended the meetings or called in during public comment were minimal, but what comments were received were positive. On May 10, 2023, the final document was reviewed by the RPC and was recommended for approval to the Board of County Commissioners. Ms. Medici said this plan was a flexible learning document which may be reviewed and amended from time to time and may be comprehensively updated as the communities’ needs changed. Planning Director Brett Waggoner added there was a specific section put in the plan regarding land use applications.

Commissioner Jabbour

referred to the third paragraph on page 19, which stated there were 15 students in a one-room schoolhouse in Duckwater. He said that school was closed and during the past school year there were only five students, so that was outdated information.

Commissioner Jabbour

opened the public hearing. John Koenig said he was on the RPC when the last master plan update was done. A tremendous amount of work was done on this one and it was the best one he had seen. He urged the Board to approve it today. Tim Bohannon said he would like to see a little more acreage for commercial and business-related areas, but he felt it was an excellent plan. Michael David Garcia thought it might be best for the children’s future if Nye was incorporated by another state.

Commissioner Jabbour

closed the public hearing.

Commissioner Carbone

made a motion to adopt Resolution No. 2023-17 for the 2023 Pahrump Regional Planning District Master Plan update; seconded by Commissioner Boskovich; 5 yeas. July 18, 2023 PUBLIC PETITIONER

Commissioner Carbone

commented an agenda item would be needed for the Board to even look at it. He said he had a lot more to learn.

Commissioner Strickland

said it appeared the Commissioners would run a school and she was not sure they were capable of doing that. She was on the fence until she had more information.

Commissioner Jabbour

said he saw nothing about disciplinary measures in their plan, which concerned him.

Ms. Mirandi

said one of the sections of their plan was discipline and behavioral, which they would gladly read to the Commissioners if asked to.

Commissioner Cox

stated her support of charter schools and said she would love to see a school that would pay more attention to the kids. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff McGill

McGill assumed the Chair of the Licensing and Liquor Board. GAMING 12. For Possible Action Discussion and deliberation to approve a Gaming License for Jett Gaming, LLC., dba Terrible’s Gaming to operate a Slot Route at Albertsons #341, located at 200 S. Highway 160, Pahrump, NV. Timothy Herbst, Applicant.

Sheriff McGill

said this item was to consider issuing a license to Jett Gaming to maintain gaming machines atAlbertson’s on Highway 160 and he saw no objection to the issuance of this license. David Michael Garcia said he was baffled on how much control there was over racketeering and prostitution, but the kids get left out. Ammie Nelson said she was in favor of this item. July 18, 2023 12. For Possible Action Discussion and deliberation to approve a Gaming License for Jett Gaming, LLC., dba Terrible’s Gaming to operate a Slot Route at Albertsons #341, located at 200 S. Highway 160, Pahrump, NV. Timothy Herbst, Applicant-Cont’d.

Commissioner Carbone

made a motion to approve the gaming license for Jett Gaming; seconded by Commissioner Jabbour; 6 yeas. 13. For Possible Action Discussion and deliberation to approve a Gaming License for United Coin Machine Co., dba Century Gaming Technologies to operate a Slot Route at Circle K, located at 2980 E. Gamebird Rd., Pahrump, NV. Timothy Cogswell, Applicant.

Sheriff McGill

said the report received showed no issues and he recommended passage of this item. Michael David Garcia strongly urged the Board to consider the investigative practices.

Commissioner Boskovich

made a motion to approve the gaming license for United Coin Machine dba Century Gaming Technologies to operate a slot route at the Circle K located at 2980 E. Gamebird; seconded by Commissioner Carbone; 6 yeas LIQUOR 14. For Possible Action Discussion and deliberation to: 1) Consider renewing The Bounty Hunter Retail Liquor License, license number LQIO-000735 following receipt of payment on July 10, 2023; or 2) Suspend the liquor license and direct staff to set a Hearing to Show Cause to further consider the license.

Sheriff McGill

explained The Bounty Hunter’s liquor license came up for renewal on June 30, 2023. Notice was sent to all licensees and The Bounty Hunter was the only liquor licensee that failed to respond and pay their liquor license fee on time. At the July 6, 2023, Commission meeting The Bounty Hunter’s license was suspended due to non payment. On July 10, 2023, the representatives of the business made payment for their liquor license and was notified that their liquor license was not valid until presented at today’s meeting and voted upon by the Board. Also on July 10, 2023, Sheriff McGill directed Lieutenant Harry Williams to attempt to make contact at the business. Lieutenant Williams visited the business twice that day and there was no sign of it being opened, there was nobody around, and the doors were locked. Lieutenant Williams posted the notice on the front door of the business. On July 14, 2023, at approximately 6:00 p.m. Sheriff McGill directed a deputy to go to The Bounty Hunter and see if they were serving alcohol and gaming. He was contacted and advised that they were serving alcohol in violation of their suspended license and that there was gaming in violation of their gaming license. Sheriff McGill noted that over the last ten years their payments had been late eight times. It was his recommendation to issue a show cause as to why the liquor license should not be revoked. July 18, 2023 14. For Possible Action Discussion and deliberation to: 1) Consider renewing The Bounty Hunter Retail Liquor License, license number LQIO-000735 following receipt of payment on July 10, 2023; or 2) Suspend the liquor license and direct staff to set a Hearing to Show Cause to further consider the license-Cont’d. Samantha Tackett said the gaming license renewal was paid on July 10, 2023, as well. Due to the licensing ordinances they were presented differently. Daryl Keppner said the only late payment he made was his very first one ten years ago. As far as the violation, he apologized for being a little late, but it had been a tough year.

Sheriff McGill

said the evening of July 14, 2023, when the deputy went to check if liquor was being served Mr. Keppner was on-site at the time. Mr. Keppner was also the one that came and paid the fee on July 10, 2023. Sheriff McGill asked if he was notified that the liquor license was no longer valid until today’s date.

Mr. Keppner

said he was told that and was not serving liquor that night.

Commissioner Boskovich

did not agree with people getting chance after chance after chance to do what they should do. He felt like it should be either comply or goodbye with everybody.

Commissioner Jabbour

pointed out the numerous times the payment had been late. Mr. Keppner was given another chance, but he still served alcohol while his license was suspended. Ammie Nelson agreed with Commissioner Boskovich. She thought this might be the time to tell businesses late payments would not be tolerated any longer. Brett Waggoner brought to the Board’s attention the serious life safety concerns with this particular location. He was there this morning and observed several fire hazards around. The Fire Chief also went by and was in complete agreement. Mr. Waggoner thought those needed to be addressed as well before they ever reopened for business.

Mr. Keppner

said he received no help or unemployment during COVID and this was just a simple matter of finances. As to the fire hazards, it was not his building. Linda Clark felt the Board should say no because Mr. Keppner already had violations.

Commissioner Boskovich

made a motion to continue the suspension of The Bounty Hunter’s retail liquor license and direct staff to set a hearing to show cause to further consider the license; seconded by Commissioner Carbone.

Commissioner Jabbour

asked the Sheriff to explain what the suspension meant.

Sheriff McGill

said pending the show cause there could be no liquor service. July 18, 2023 14. For Possible Action Discussion and deliberation to: 1) Consider renewing The Bounty Hunter Retail Liquor License, license number LQIO-000735 following receipt of payment on July 10, 2023; or 2) Suspend the liquor license and direct staff to set a Hearing to Show Cause to further consider the license-Cont’d.

Commissioner Jabbour

assumed the Chair of the Board of County Commissioners. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 15. For Possible Action Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens.

Commissioner Strickland

made a motion to approve items 15-17; seconded by

Commissioner Carbone

; 5 yeas. 16. For Possible Action — Approval of meeting minutes from the joint meeting on May 8, 2023.

Commissioner Strickland

made a motion to approve items 15-17; seconded by

Commissioner Carbone

; 5 yeas. 17. For Possible Action Approval to: 1) Accept the no-cost Grant Amendment No. 4 for grant award 201PF114 through the State of Nevada, Community Development Block Grant (CDBG) program to provide 6 months additional time for the construction and completion of the Pahrump Fairgrounds Water & Well System Project by December 31, 2023; and 2) Execute Grant Amendment No. 4.

Commissioner Strickland

made a motion to approve items 15-17; seconded by

Commissioner Carbone

; 5 yeas. July 18, 2023 18. For Possible Action Approval to renew cannabis licenses for Fiscal Year 2024 pursuant to Nye County Code 5.32.080(A). Brett Waggoner said everyone on the list in the back-up was in compliance except MJ Distributions, items 29-3 1 which he would like to discuss. Pat Minshall said Amargosa Valley had agreements with both Acres and Green Life to pay the town $7.00 a pound. There had been no payment made since the latter part of 2021 even with repeated notices and contact from the town board. Mike Floyd, representing Green Life Productions, thought Ms. Minshall was mistaken as they were a Pahrump business.

Commissioner Jabbour

clarified the businesses in Amargosa were Acres and Curaleaf. Amanda Connor from the law firm of Connor and Connor, appearing on behalf of Acres, said she understood that the ordinance referred to medical marijuana. Acres had not had any medical marijuana sales and therefore had not made the payments to the Town of Amargosa. She said that discussion would be had with them to clear up any issues. Ammie Nelson said if there was a problem with being on time then precedent should be set whether it was marijuana or liquor licenses. Linda Clark was against marijuana and thought the fees should be higher or more penalties applied to make it harder for the businesses to come into Nye, especially since they were not putting much back into the community.

Commissioner Strickland

made a motion to renew the cannabis licenses 1-27; seconded by Commissioner Boskovich.

Commissioner Cox

commented the voters passed marijuana so the Board could not do anything about it.

Commissioner Boskovich

advised the County was looking to get its licensing fees in line with Clark and Washoe Counties as well as the tax rate.

Commissioner Jabbour

asked if the driveway chip seal was re-done.

Mr. Valenzuela

said the parking lot was chip sealed again.

Commissioner Boskovich

wondered about the delay and why things were not done on time the first time. He heard Mr. Valenzuela blame the contractor and the County, but did not take any responsibility himself.

Mr. Valenzuela

said he did. There had been misunderstandings trying to figure out what was communicated, and they had been before the Board being asked to do things in Amargosa that made no sense. He was not trying to blame anyone. He just wanted to finish the work as he was almost at the finish line, It would be corrected, it would be done, and it would pass inspection.

Commissioner Boskovich

felt the Commission had been taken advantage of by so many different businesses and it was wrong.

Commissioner Strickland

asked if product was being grown.

Mr. Valenzuela

yes, they had two harvests, but they did not have the medical definition any longer. He asked for 30 days to finish what needed to be done.

Mr. Waggoner

said he did not necessarily have an issue with the request for 30 days, but the point had been made that time was up and it was time to get it done. He did not know if the Board could give a temporary approval, but a revocation of a license or SUP would have to come back for a show cause. If that was included in the motion he could come back and report. Brian Kunzi advised the license could go away if he did not meet a deadline established by the Board. July 18, 2023 18. For Possible Action Approval to renew cannabis licenses for Fiscal Year 2024 pursuant to Nye County Code 5.32.080(A)-Cont’d. Ammie Nelson felt Mr. Valenzuela had to know it was not chip sealed to County standards the first time. She was also tired of the cannabis businesses taking advantage of the low prices in the County and not putting anything back into the community. Pat Minshall said this company came to the Amargosa Town Board and asked permission to do business there and bring jobs. She believed they paid the town up to $10.00 per pound and she did not know if they were up to date on that. She pointed out it was almost impossible to get a contractor to Amargosa and she was sure MJ Holdings was getting the brunt of that. John Shewalter said this whole situation seemed crazy to him. Erika Gerling stated Beatty did not have agreements with any marijuana establishments.

Commissioner Jabbour

said this was in Amargosa.

Mr. Waggoner

said MJ Distributing was also one of the problem children with submitting their forms.

Commissioner Strickland

made a motion to approve licenses 28-31 subject to the 30-day site inspection by the Building Department.

Mr. Kunzi

asked that the motion state it was conditioned on the 30-day compliance.

Commissioner Strickland

withdrew her motion.

Commissioner Carbone

made a motion for a 30-day conditional approval for items 28-31 to allow the remaining work required in the development plan to be done; seconded by

Commissioner Strickland

; 4 yeas. Commissioner Boskovich voted nay. The Board was in recess until 3:10 p.m.

Commissioner Cox

was not present. DISTRICT ATTORNEY 20. For Possible Action Discussion and deliberation to approve, amend and approve, or reject a customer rate increase in the amount of 6.4% pursuant to Article 8 of the Second Amendment to the Amended and Restated Solid Waste Franchise Agreement for Beatty. Brian Kunzi explained this was in compliance with what the agreement stated, which was they had to come to the Board for approval of a rate increase. July 18, 2023 20. For Possible Action Discussion and deliberation to approve, amend and approve, or reject a customer rate increase in the amount of 6.4% pursuant to Article 8 of the Second Amendment to the Amended and Restated Solid Waste Franchise Agreement for Beatty-Cont’d.

Commissioner Cox

was present. Erika Gerling said Beatty was aware of the CPI agreed to in the contract.

Commissioner Carbone

made a motion to approve the rate increase of 6.4% pursuant to Article 8; seconded by Commissioner Strickland: 5 yeas. BOARD OF COMMISSIONERS 19. For Possible Action Discussion and deliberation to set a date, time and location for a Public Hearing on Nye County Bill No. 2023-11: A Bill to Ban Helicopter, Motorized Vehicles or Drone Roundups of Wild Horses and Burros Within the Boundaries of Nye County; Providing for the Severability, Constitutionality and Effective Date Thereof; and Other Matters Properly Related Thereto. Samantha Tackett explained this bill was prepared based on a request for an ordinance banning motorized round-ups of the wild horses and burros. This item was just to set the public hearing for August 15, 2023, to consider adopting the ordinance.

Commissioner Jabbour

said there was ample time between now and August 1 5, 2023, for Friends of the Wild Horses and Burros to get on the schedule of the other town boards and he would appreciate getting that feedback.

Commissioner Cox

thought the towns should be invited to either speak on August 15, 2023, or send an e-mail to add to the back-up.

Commissioner Carbone

said he would rather have them do it prior to the meeting so it was available to the Commissioners during the meeting. Tim Sutton asked if the representatives of the bill should reach out to the towns or just invite the towns to attend the public hearing or both.

Commissioner Strickland

said she would rather the towns have an item on their agendas.

Commissioner Jabbour

pointed out that would take it to the second meeting in September, 2023, which Commissioner Cox was fine with. July 18, 2023 19. For Possible Action Discussion and deliberation to set a date, time and location for a Public Hearing on Nye County Bill No. 2023-11-Cont’d. Ammie Nelson thought this should be done sooner rather than later. Priscilla Lane from Friends of the Wild Horses and Burros talked about the abuse BLM inflicted on the horses and how the BLM could not be trusted

Commissioner Cox

asked Ms. Lane if she had a problem with changing the date to allow the other town boards to discuss it.

Ms. Lane

felt the longer the County waited the faster BLM would move and sooner would be better. Eddie Jim said what BLM and their contractors did was cruelty to animals. He felt the Board needed to proceed with the bill. Erika Gerling said Beatty would appreciate it if somebody came and explained to them what this was all about so it could provide its letter of support or opposition. Their next board meeting was on August 13, 2023.

Commissioner Carbone

made a motion to set a time, date, and location for the public hearing for Nye County Bill No. 2023-11 for September 19, 2023, at 10:00 am. in Pahrump; seconded by Commissioner Cox; 5 yeas. PUBLIC ADMINISTRATOR 21. Presentation regarding the quarterly report from the Public Administrator on deceased person cases that are open, closed, pending, NCPA Creditor Claims, non-cases or cases that have been turned over to family. Public Administrator Ginger Simpson said the reports in the back-up were from March and June, 2023. July 18, 2023 FACILITIES 23. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2023-03 250 N. Highway 160 Building Remodel; 2) Award Bid 2023-03 250 N. Highway 160 Building Remodel to Double M. Construction in the amount of $2,341,000.00 that excludes installation of a fire sprinkler system, or in the amount of $2,500,000.00 that includes the installation of a fire sprinkler system; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund the contract at the determination of the Comptroller; or 5) Reject bids and provide direction to staff on how to proceed with the project.

Commissioner Strickland

disclosed that she was a general contractor, but she had no pecuniary interest in this item. Contracts and Purchasing Administrator Honey Strozzi said the attached solicitation was advertised on April 5, 2023, and the bid opening was on May 15, 2023. Initially there were several contractors interested, but only one submitted bids. Double M Construction provided two bids, one with a sprinklered system and the other without because the overall allowable space met the size requirement per Code for a non-sprinklered building. The contractor had met all of the documentation requirements with the exception of the apprenticeship forms. The contractor also had a valid contractor’s license and was in good standing. Both bids were responsible, but one was just outside of the scope, which was the one that excluded the sprinklered system. Staff recommended awarding the bid provided a funding source could be secured. Stephani Elliott said there had been discussion about the funding. Originally there was a Center for Disease Control (CDC) grant being looked at, but the grantor did not allow the budget scope of just over $1 million. The amount needed was $2.5 million and she and Elizabeth Jordan had discussed a couple of things. She wanted to make sure the Board knew that CDC grant was not an option. Elizabeth Jordan advised currently there was no funding set aside for this project and the bids came in higher than anticipated. Some of the options the Board could consider would be to utilize some of the LATCF funding, reallocate funding set aside for other projects that were not moving forward at this point, or not move forward with the project. Russ Meads from Double M Construction was present.

Commissioner Strickland

said Mr. Meads had the opportunity to redraw and reimagine what this facility could be like. She asked him what he thought about the project.

Mr. Meads

said his first thought was it was not really doable and it should be demolished as the property was more valuable than the building would be. The building was opened to all of the contractors and they were able to draw a whole building from scratch. The building was not as big as what it was alleged to be, which they found out after measuring it all, which helped with the Code. The building code allowed for 9,000 July 18, 2023 23. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2023-03 250 N. Highway 160 Building Remodel; 2) Award Bid 2023-03 250 N. Highway 160 Building Remodel to Double M. Construction in the amount of $2,341,000.00 that excludes installation of a fire sprinkler system, or in the amount of $2,500,000.00 that includes the installation of a fire sprinkler system; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund the contract at the determination of the Comptroller; or 5) Reject bids and provide direction to staff on how to proceed with the proiect Co nt’ d. square feet non-sprinklered and this was just a touch over 101000 feet, but with the frontage increase they were able to gain almost 40% additional area which allowed them to be inside of this non-sprinklered safely. They took a little different approach than what was advertised. The advertisement had several of the interior walls left and a lot of work around so a lot of the existing restrooms were tight and did not meet ADA code. The approach they took in getting this together was a complete demolish inside, so the only thing that would remain inside of the building would be three interior block walls. There was not a lot of work to be done on the exterior, but when someone walked inside the building now it would be up-to-date brand new and no one would know it was a remodel.

Mr. Meads

reviewed the proposed design and said they would easily complete the project within the 180 day requirement.

Commissioner Cox

asked if Mr. Meads had given any thought to what to do with the modular sitting there. She also wondered if anyone had given any thought to the Public Administrator’s Office because she thought that was part of that building right now.

Mr. Meads

said the modular out back was separate from the building and he did not have any plans for. It would remain there per this contract.

Commissioner Jabbour

mentioned the sale of the PMC building and how that money was supposed to be used to relocate Health and Human Services, Finance, Human Resources, and the Water District Governing Board. Now the discussion was about spending $2.4 million to renovate a building to move Health and Human Services, and then more renovation costs for the building they were in now. Ammie Nelson thought this was an extraordinary amount of money for what the County would get. She was not comfortable with this today and thought there were other options. Maryan Hollis pointed out $2.4 million was also earmarked for the civic center. She asked if that $2.4 million in ARPA funds for the civic center was the same $2.4 million being proposed for this building, or were there two different projects needing $2.4 million from two different funding sources. Public Works Director Tom BoIling thought the Board needed to step back and take a look at this. To building a building from scratch was $250.00 a square foot, which July 18, 2023 23. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2023-03 250 N. Highway 160 Building Remodel; 2) Award Bid 2023-03 250 N. Highway 160 Building Remodel to Double M. Construction in the amount of $2,341 000.00 that excludes installation of a fire sprinkler system, or in the amount of $2,500,000.00 that includes the installation of a fire sprinkler system; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund the contract at the determination of the Comptroller; or 5) Reiect bids and provide direction to staff on how to proceed with the project Cont’d. equated to $2.5 million for a building this size. There would be no utilities or a parking lot, but a decent building could be built to house everybody in the same amount of time as it would take to renovate this one. Linda Clark asked if more would be spent renovating the old building. Dan Weeks, speaking strictly as a citizen not in his professional capacity, said if the Board chose to remodel this building he would ask that the roof, windows, the doors be part of the contractor’s performance. Tim Bohannon suggested forecasting for the future needs of the County as it grew. Helene Williams said she really wanted the Board to step back for a moment. She felt the County should accumulate the land it owned because she did not think it was in the County’s financial interest to own it. She also thought the County should go back to the development of the Eye with the one-stop shop building.

Commissioner Strickland

asked what it would cost to build a new building like and kind.

Mr. Meads

said it depended on where it was built. The property this building was on would probably only be worth $1 50,000.00 if sold because of the lack of utilities, an inadequate parking lot, and inadequate access. There would also be the additional cost to demolish the building and haul away the debris. He did not see the benefit as far as raising capital from the sale of it. Mr. BoIling was correct with his $250.00 cost per square foot to build new, but that was with no parking lot and no utility extensions. Things like that added up really fast when extending driveways and accesses started along with all the other things that went along with it.

Commissioner Strickland

felt this build out was needed and the Comptroller could figure out the funding.

Commissioner Cox

said she would like some time to take another look on this to see what else could be done on this property. She did not want to put that much money into a building that was so old and it would be convenient to keep everything at the Eye.

Commissioner Jabbour

asked Ms. Jordan if this could be done. July 18, 2023 23. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2023-03 250 N. Highway 160 Building Remodel; 2) Award Bid 2023-03 250 N. Highway 160 Building Remodel to Double M. Construction in the amount of $2341000.00 that excludes installation of a fire sprinkler system, or in the amount of $2,500,000.00 that includes the installation of a fire sprinkler system; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund the contract at the determination of the Comptroller; or 5) Reject bids and provide direction to staff on how to proceed with the proiect Cont’d.

Ms. Jordan

did not see financially any other way unless funding for current projects was re-allocated or funding from LATCF was used. She stated she did not want to use bond funding.

Commissioner Cox

asked about the CDBG funding.

Ms. Elliott

said with CDBG funding the exterior could be improved or the sidewalks fixed, but it would not be enough to support the entire remodel of this building.

Commissioner Strickland

said the options were building new for $6 million or remodel for $2.4 million.

Commissioner Carbone

said another option was to phase the community center. Brian Kunzi said the Board could approve the bid and then give direction to the Comptroller to determine what funds were to be used. He also wanted to make sure the Board understood that this would commit them to the $2341 million.

Commissioner Strickland

made a motion to award Bid No. 2023-03 on the remodel by Double M Construction in the amount of $2.341 million, approve the contract, and fund the contract as determined by the Comptroller.

Commissioner Carbone

asked that the motion include that the Comptroller report back to the Board where the money would come from.

Commissioner Strickland

made a motion to award Bid No. 2023-03 on the remodel by Double M Construction in the amount of $2341 million, approve the contract, fund the contract as determined by the Comptroller, and direct the Comptroller to report back to the Board where the money came from; seconded by Commissioner Carbone; 4 yeas.

Commissioner Cox

voted nay. July 18, 2023 COUNTY MANAGER 22. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Nevada Local Justice Reinvestment Coordinating Council due to expiring terms from the following list of applicants: Samuel L. Jones, Kimberly A Wanker, and Clinton Zens. Samantha Tackett explained this council was created through legislation to bring a local voice to releasing, rehabilitating, and handling people going back into the public after being incarcerated. One of the requirements was the member had to be someone in the healthcare profession or somebody that dealt with the justice system in some capacity. Per the NRS one member from each county was to be appointed to the council. The council would provide input and recommendations regarding various criminal justice issues and matters that were important at the local level. Ammie Nelson thought Kim Wanker would be ideal for this position because of her experience and background.

Commissioner Strickland

made a motion to appoint Kimberly A. Wanker to this position.

Commissioner Strickland

explained she would like to appoint Ms. Wanker as she already did drug court and was involved in this stuff.

Commissioner Carbone

made a motion to appoint one member to the Nevada Local Justice Reinvestment Coordinating Council to be Clinton Zens; seconded by

Commissioner Strickland

; 5 yeas. July 18, 2023 NATURAL RESOURCES 25. For Possible Action Discussion and deliberation to: 1) Approve the sale of the following patented mine or mining claims located approximately 30 miles north of Round Mountain, NV, pursuant to NRS 51 7.460: Murphy Lode, Patent #94, Mining Survey #38, Assessor’s Parcel Number (APN) 000-12-66, Twin River Mining District, Ophir Canyon; Adirondack Lode, Patent #781, Mining Survey #39, APN 000-12-66, Twin River Mining District, Ophir Canyon; Forlorn Lode, Patent #4729, Mining Survey #40, APN 000-12-66, Twin River Mining District, Ophir Canyon; and Grizzly Lode, Patent #28531, Mining Survey #1734, APN 000-156-84, Twin River Mining District, Ophir Canyon; and 2) Give direction to staff to sell the patented mine(s) or mining claim(s) described in each Affidavit and Petition for Sale for a total amount not less than as stated in paragraph 4 of each Affidavit and Petition for Sale. Natural Resources Director Lorinda Wichman said she had to make a couple of corrections to the agenda item. Staff was looking for permission for the Treasurer’s Office to put this up for auction. There was mechanism to sell it in NRS 517.

Commissioner Carbone

said it was pretty evident if it was not here this item would have to be redone.

Commissioner Strickland

also thought this would have to be re-agendized.

Mrs. Wichman

asked for the District Attorney’s input as the agenda item was written by his office. This item was trailed until later in the meeting. FINANCE 24. For Possible Action Presentation, discussion and deliberation to approve, amend and approve, or reiect the program budget adiustment request from Nancy Gum with Tails of Nye County under the Nye County ARPA Recovery Plan and Policy: Public Health Assistance- Mental Health Grant to move $20,000.00 from Trap, Neuter and Release (TNR) and add to Spay and Neuter, decreasing TNR to $22,000.00, and increase the Spay and Neuter program to $40,000.00. Stephani Elliott explained the $20,000.00 already set aside for spay and neuter was exhausted, and there was just about $35,000.00 left under the trap, neuter, and release program. Tails of Nye County was requesting to move $20,000.00 of that $35,000.00 into the spay and neuter program because they were seeing an increased need for those types of services right now. Pat Minshall wanted to make sure that there was enough money for the trap, neuter and release program because she had two more groups that she needed to bring in shortly. July 18, 2023 24. For Possible Action Presentation, discussion and deliberation to approve, amend and approve, or reject the program budget adjustment request from Nancy Gum with Tails of Nye County under the Nye County ARPA Recovery Plan and Policy: Public Health Assistance- Mental Health Grant to move $20,000.00 from Trap, Neuter and Release (TNR) and add to Spay and Neuter, decreasing TNR to $22,000.00, and increase the Spay and Neuter program to $40,000.00-Cont’d.

Ms. Elliott

advised $1 5,000.00 would be left in the trap, neuter, and release program.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. NATURAL RESOURCES 25. For Possible Action Discussion and deliberation to: 1) Approve the sale of the following patented mine or mining claims located approximately 30 miles north of Round Mountain, NV, pursuant to NRS 517.460: Murphy Lode, Patent #94, Mining Survey #38, Assessor’s Parcel Number (APN) 000-12-66, Twin River Mining District, Ophir Canyon; Adirondack Lode, Patent #781, Mining Survey #39, APN 000-12-66, Twin River Mining District, Ophir Canyon; Forlorn Lode, Patent #4729, Mining Survey #40, APN 000-12-66, Twin River Mining District, Ophir Canyon; and Grizzly Lode, Patent #28531, Mining Survey #1734, APN 000-156-84, Twin River Mining District, Ophir Canyon; and 2) Give direction to staff to sell the patented mine(s) or mining claim(s) described in each Affidavit and Petition for Sale for a total amount not less than as stated in paragraph 4 of each Affidavit and Petition for Sale-Reopened. Lorina Dellinger explained in most situations when property had sat long enough to be on the Treasurer’s trust sale it followed normal procedure. Unfortunately, patented mining claims required an auction and she thought it was a terminology issue. It would be sold, but through an auction process. The Treasurer’s Office could not outright sell it. Brian Kunzi said there had been some disagreement with the Treasurer’s Department. They could not auction the property until it had been taken by the County and if that had not been done this was not the proper procedure to use.

Mrs. Dellinger

added per NRS 517 the Treasurer’s Office had to have the approval of the Board if it was a patent.

Commissioner Strickland

made a motion to instruct the Treasurer to approve the sale of the patents as listed and that the sale for a total amount was not to be less than as stated in paragraph 4 of each of the affidavits; seconded by Commissioner Carbone; 5 yeas. July 18, 2023 26. 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 Bonanza Solar Project Environmental Impact Statement. Lorinda Wichman said the Board had done this 47 times in the last two years. It was an MOU with the BLM so the County could be at the table during discussions about another solar project. Ammie Nelson wanted to make sure the person attending the meetings had the ability to let them know they were not welcomed within 50 miles of Nye. Mike Fender recommended the County participate with the MOU most effectively this time because Clark County was involved as well and what they wanted to do needed to be listened to very attentively. Linda Clark said the Commissioners needed to stay strong and keep saying no on solar. Herman Lewis said whatever the Commissioners decision was, a forceful not in Nye County and not in Basin 162 needed to be stated.

Commissioner Carbone

made a motion to enter into the MOU with the BLM; seconded by Commissioner Strickland.

Commissioner Boskovich

noted the MOU indicated the County was a cooperating agency. He asked if that meant in any way that the County would cooperate or if it meant that the County was cooperating.

Mrs. Dellinger

explained it meant there would be a series of meetings of cooperating agencies that were working on the plan so the County would have a seat at the table.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. PLANNINGIBUILDING/CODE COMPLIANCE 28. For Possible Action Discussion and deliberation to approve LD-22-20, a Tentative Residential Subdivision, for Mountain Falls, Planning Area 8A, creating one hundred and thirty-two (132) residential lots on property zoned Specific Plan (SP), each residential lot containing an average of 6,212 square feet. Minimum lot size is 4,275 square feet and Maximum lot size is 11,210 square feet, Assessor’s Parcel Number 045-021-73. Taylor Morrison Owner. Taney Engineering Corp. - - Age ntIA pp Ii cant. Brett Waggoner said this was a part of Mountain Falls covered through the development agreement with the County and was the undeveloped area toward the end of Mountain Falls Parkway. The property was in compliance with the development agreement.

Commissioner Cox

asked if the development agreement dictated lot sizes because they were cramming a lot of houses in there and the lots were small. She also wondered how the Commissioners would explain to people there was no water while allowing this.

Mr. Waggoner

said the developer had the latitude under the development agreement to build so many houses and cram them in the 20 acres or spread them over 300 acres. As far as the water usage, they had adequate water rights. Maryan Hollis was also concerned about the water use as well as with the construction going on in Mountain Falls since homes were not being sold. She pointed out the back up stated public services were available, but they were already stretched to the limit. An additional concern for Ms. Hollis was the traffic. She was against the Board approving this. Ammie Nelson said the County did not have the water for these projects and having that many homes on the acreage did not diminish the water use. Linda Clark said more homes were not needed in this area and there were many homes sitting vacant. Tim Bohannon felt the Board needed to know how many other development agreements there were and how much housing was expected. July 18, 2023 28. For Possible Action Discussion and deliberation to approve LD-22-20, a Tentative Residential Subdivision, for Mountain Falls, Planning Area 8A, creating one hundred and thirty-two (132) residential lots on property zoned Specific Plan (SP), each residential lot containing an average of 6,212 square feet. Minimum lot size is 4,275 square feet and Maximum lot size is 11,210 square feet, Assessor’s Parcel Number 045-021-73. Taylor Morrison Owner. Taney Engineering Corp. - - AgentlApplicant-Cont’d.

Commissioner Strickland

made a motion to approve as written; seconded by

Commissioner Carbone

asked if there was any loophole in the development agreement. Brian Kunzi said unfortunately an agreement was an agreement and these agreements were approved so the Board was bound by them. The County could pull away from the agreements, but there would be litigation.

Commissioner Carbone

asked if it could it be renegotiated.

Mr. Kunzi

said that could be looked at.

Commissioner Cox

said this was very high density and she thought the Board could reject this and tell them how many homes they could build.

Commissioner Boskovich

said the residents in Mountain Falls signed disclosures stating they understood they lived in a subdivision like this.

Mr. Kunzi

explained when the Board started changing things in the development agreement, such as cutting down on the number of lots, they were effectively doing what was called a taking, which was unconstitutional without just compensation.

Commissioner Cox

asked if this area was laid out like this 20 years ago or if they made changes over time.

Mr. Waggoner

said they had updated the plans and it had been before the Board a couple of times. Additionally, the Board received bi-annual reports.

Commissioner Boskovich

pointed out the Commissioners could not look at the developers as though they were the big bad wolves because they played by the rules that were set by the Board at that time. They were pretty good community partners and stayed within the realm of what they were allowed to do. Secondly, he did not think the people who lived in Mountain Falls and liked that higher density lifestyle would mind it. Regarding the water issue with high density, Commissioner Boskovich said the water usage in Mountain Falls was very minimal compared to a half acre or an acre. He also mentioned the tax revenue the County would receive with another 132 homes. July 18, 2023 28. For Possible Action Discussion and deliberation to approve LD-22-20, a Tentative Residential Subdivision, for Mountain Falls, Planning Area 8A, creating one hundred and thirty-two (132) residential lots on property zoned Specific Plan (SP), each residential lot containing an average of 6,212 square feet. Minimum lot size is 4,275 square feet and Maximum lot size is 11,210 square feet, Assessor’s Parcel Number 045-021-73. Taylor Morrison Owner. Taney Engineering Corp. AgentlApplicant-Cont’d.

Commissioner Carbone

made a motion to approve the State of Nevada Clean Water State Revolving Loan Fund Contract No. CW2305, execute the agreement, and fund it from 10340, Grants; seconded by Commissioner Strickland.

Commissioner Carbone

amended his motion to approve the State of Nevada Clean Water State Revolving Loan Fund Contract No. CW2305 in the amount of $1,260,628.00, execute the agreement, and fund it from 10340, Grants; Commissioner Strickland amended her second; 5 yeas. PUBLIC PETITIONER 30. Presentation by C.J. Zens, Nye County’s appointment representative to the Nevada Local Justice Reinvestment Coordinating Council, regarding recent successes in the council’s efforts to help justice programs in Nevada. (10-minute time limit)

Commissioner Jabbour

advised C.J. Zens was unavailable to give the presentation and it would have to be continued to another meeting.

Ms. William

said they wanted to confirm DWR had the ability to apply that penalty. She sat on the one in California and they had that ability.

Mr. Kunzi

stated a penalty meant someone had done something wrong and there was nothing in the law that said they could not provide water rights to a solar project.

Mr. Weeks

said if it was determined that DWR did not have that authority they would work with the District Attorney’s Office to reform it.

Commissioner Strickland

mentioned the NCWD helped develop the County’s groundwater management plan and it was written really well, but it did not include solar facilities because those were not even on the horizon. She thought those may need to be added. Michael Fender stated his support of this idea. Ammie Nelson said she was absolutely for this letter. July 18, 2023 34. For Possible Action Discussion and deliberation to approve drafting a letter of support for the Nye County Water District Governing Board’s request that the Office of the Nevada State Engineer and the Division of Water Resources issue an Order restricting withdrawals of water from Nevada Hydrographic Basin #162 for the purposes of Solar and Renewable Energy Proiects-Cont’d. Herman Lewis asked the Board to support this to keep the water in Nye County and Basin 162. Tim Bohannon said stronger data from independent arties would give the County more leverage. Leah Aidridge supported drafting the letter.

Commissioner Carbone

asked if the part of the letter regarding penalties could be left out and the letter be approved based on the way the agenda item was written.

Mr. Kunzi

suggested the statement “or any other measures the State Engineer believes was appropriate in order to protect this overdeveloped region.”

Commissioner Strickland

made a motion to support a letter to be drafted to the Division of Water Resources, direct the Water District to work with the District Attorney, and direct the County Manager to submit the fetter; seconded by Commissioner Carbone; 5 yeas.

Commissioner Cox

wanted to know who gave BLM permission to sell Nye County property when they were only there to manage the land. She also wanted to know where the $100 million was now. She stated if BLM was going to sell the County’s property then they owed the County money. ______________day July 18, 2023 36. Commissioners’IManaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d.

Commissioner Carbone

said another agenda item was needed for Commissioners’ comments to provide the Commissioners with the ability to discuss things. Brian Kunzi said nothing could be done. Unless notice in advance was given to put an item on the agenda it could not be talked about. The Open Meeting Law allowed the Commissioners to discuss issues in public comment, but they could not deliberate or take any action.

Commissioner Jabbour

reminded everyone to protect their family and friends, conserve water, and spay/neuter their pets. Tom BoIling talked about how in the past impact fees had been reduced, driveways had been waived, and other things of that nature, but when the County wanted to raise anything a financial impact study was required. He asked why the developers were not required to do a financial impact study. His suggestion for an agenda item was to find a way to make the developers do impact studies for the present and the future. If that had been done for Mountain Falls it would have been noticed that not charging impact fees to them would be a problem 20 to 25 years down the road. Brian Kunzi felt environmental impact statements should be required as well as possible criminal penalties for violating any of the terms in the development agreements.

Commissioner Jabbour

adjourned the meeting. APPROVED this Of -&‘— , 2023.

Chair Nye

Clerk / Deputy