August 1, 2023

Commissioner Cox

said she would like to have a committee put together to address the homeless situation. The County did have land and it was just a matter of finding it. As to the horse issue, Commissioner Cox read an e-mail from Nicholas Pay, the local BLM field manager, explaining the reasons for the round-ups, the practices followed during a round-up, advising of a request for removal of the animals received from Nye County residents and officials, and that BLM was not using helicopters for this particular round up. She wanted to know who the involved Nye County officials were and she challenged the Sheriff’s Office as she had an NRS that said the Sheriff’s Department over-rode the BLM.

Commissioner Boskovich

said he did not believe one word BLM told anyone in Nye County. He knew nobody in the County would have requested those horses be removed. He said this was the same BLM that wanted to blanket from the Clark County line all the way to the hill on both sides of the highway with solar, which he also did not agree with. He thought a solution to that might be if the County controlled the substations it could control how much solar there was. Commissioner Boskovich stated the homeless situation was a real problem, but the County did not have the infrastructure, the services, or the funds to take care of the veterans, the seniors, or anyone else who was struggling with $500.00 electric bills. He suggested moving the homeless to Clark County which had services for them and could help them. Lastly,

Commissioner Boskovich

wanted to implement a $500.00 per solar panel impact fee, which was completely legal and would turn a lot of them away.

Commissioner Jabbour

said he did not want to cut off communications with BLM or any other agency that the County worked with so the County could be heard and be at the table for these very significant and sensitive issues, especially with wild horses and burros. August 1, 2023 3. CommissionerlManager Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. Contracts and Grants Manager Stephani Elliott advised Nye County would be well represented next week during the National Brownfields Conference in Detroit, Michigan. John Kienke, Public Information Officer Arnold Knightly, and Grants Administrator Jessica McCutcheon would be attending. 4. Approval of the Agenda for August 1, 2023 (Non-action item) Tim Sutton said items 5 and 35 could be removed from the agenda. 5. For Possible Action — Emergency Items This item was removed from the agenda. SITTING AS THE BOARD OF COUNTY COMMISSIONERS PUBLIC PETITIONER

Commissioner Carbone

made a motion to approve the combined County and Town Proclamation No. P2023-05; seconded by Commissioner Strickland; 5 yeas. August 1, 2023 RECORDER 25. Presentation of prolected expenditures of money in the Recorder’s Technology Fund to be used in Fiscal Year 2023-2024. (10-Minute time limit) Chief Deputy Recorder Dawn Gudmunson advised they estimated $100,000.00 of tech fees would be collected, with estimated expenditures of about $250,000.00, which included buying new shelving and preserving more books.

Commissioner Strickland

asked if Ms. Gudmunson had checked with the Grants Administrator regarding grants.

Ms. Gudmunson

said she had not, but she would. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. 10. For Possible Action Discussion and deliberation regarding the General Road Report by the Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public works projects. Public Works Director Tom Boiling gave an update on the activities of the crews and the projects in the County. He also talked about the replacement of stop signs, the Deacon and Homestead intersection, and other intersections that needed to be cleaned.

Commissioner Cox

mentioned how the dry weeds could become a fire hazard and asked

Mr. Boiling

if he could assign someone just to take a drive around and list all of those areas because she thought they were at the point now where heavy duty equipment might be needed to move them. She said she had received a complaint that Mesquite was really bad.

Commissioner Boskovich

mentioned a tree that was blocking the line of sight at Fox and Comanche.

Commissioner Jabbour

said he appreciated Mr. Boiling getting the crews back up north to take care of the roads, especially Belmont because that had really put a hurt on tourism. Ammie Nelson said the crews did a great job on her street fixing all the potholes. Linda Clark said there was a lot of money coming into the County and she wondered if it could be used to fix stop signs and all of the things that needed to be repaired and patched. August 1, 2023 10. For Possible Action Discussion and deliberation regarding the General Road Report by the Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public works projects-Cont’d. Priscilla Lane asked if they needed to talk to Mr. Boiling about getting a fence put up that was off near Johnny. Pat Minshali said she drove Farm Road in Amargosa four or five times a week and the cold patch did not work, but not one durapatch had failed. She thought the use of the cold patch was a waste of money. Misha Allen expressed her concerns about Belmont Road. it was an important road in the County both from a historical standpoint as well as tourism. There had been discussions over the last couple of weeks locally if Belmont needed to be removed from the tourism marketing material because the road was in such poor shape. Carolene Logue thanked the Road Department for fixing Cass Road. She mentioned the flooding she saw on Sandy Road between the Cottonwood Subdivision and Artesia and thought the drainage there needed to be looked at. There were also weeds in the easement in the Artesia Subdivision and she asked if that was the Road Department’s responsibility.

Mr. Boiling

said he would need more information about the fencing and would meet with

Ms. Lane

. As far as the weeds in Artesia, he was not 100% sure if those were in the MOU with the HOA at Artesia. it might be their responsibility to maintain that and he would have to check.

Commissioner Carbone

commented he rode around and made notes on the roads with issues which he then reported through the on-line system for Public Works. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Jabbour

assumed the Chair of the Board of County Commissioners. BOARD OF COMMISSIONERS 23. For Possible Action Discussion and deliberation on selling Nye County owned patented mining claim known as the Constitution Mining Claim, Mineral Survey No. 1424 in the Philadelphia Mining District, Assessor’s Parcel No. 000- 258-70, located in the unincorporated area of Nye County known as Belmont.

Commissioner Jabbour

explained this item had been discussed before. No action was taken because the Commissioners did not have enough back-up. They also requested that it go before the Belmont Advisory Board to get more detailed information. The item August 1, 2023 23. For Possible Action Discussion and deliberation on selling Nye County owned patented mining claim known as the Constitution Mining Claim, Mineral Survey No. 1424 in the Philadelphia Mining District, Assessor’s Parcel No. 000- 258-70, located in the unincorporated area of Nye County known as Belmont Cont’d. was heard by the Belmont Advisory Board on June 27, 2023, and in the back-up was a letter asking that the County not sell this patented mining claim. Janice Berard asked that her written statement be included in the minutes [see Attachment 1]. She said she was happy this item was on the Commission agenda and that the Belmont community came together to voice their objection to the sale. What she was not happy with was how close the property owners in Belmont came to seeing this land sold due to questionable intentions by some who supposedly represented the community. She asked the Board to pay closer attention to future agenda items that were poorly written, had meager back-up, absent petitioners, unnotified boards, and fuzzy legal counsel resulting in decisions that could harm those who truly cared about the well-being of their community. Neal Jones asked that his written statement be included in the minutes [see Attachment 2]. He said at the May 2, 2023, meeting County staff stated they had spoken to the residents of Belmont and no one had any concerns regarding the sale of this claim. That statement was false as evidenced by the back-up provided of the results of the Belmont Advisory Board’s meeting on June 24, 2023. The property owners and residents of Belmont were unanimous in their opposition to the sale of the mining claim. Mr. Jones asked the Board of County Commissioners to consider the request of the Belmont Advisory Board and agendize a discussion about holding this property permanently in trust. Tay Schuff asked the Board to protect their town. Brian Kunzi said the petition that was originally filed had no application so there was no requirement for the County to have to sell this property as it was originally acquired in a Sheriff’s sale.

Commissioner Strickland

made a motion to approve the resolution to recognize The Constitution as a public purpose parcel; seconded by Commissioner Boskovich; 5 yeas. TIMED ITEMS 7. 10:00 a.m. Presentation by Misha Allen and Hayley Maio, Extension Educators regarding the Fiscal Year 2022-2023 Fourth Quarter Report for University of Reno (UNR) Extension in Nye County. (10-minute time limit) Misha Allen and Hayley Maio presented the FY2022-2023 fourth quarter report for the University of Reno Extension. August 1, 2023 23. For Possible Action Discussion and deliberation on selling Nye County owned patented mining claim known as the Constitution Mining Claim, Mineral Survey No. 1424 in the Philadelphia Mining District, Assessor’s Parcel No. 000- 258-70, located in the unincorporated area of Nye County known as Belmont- Reopened. Brian Kunzi said since the agenda item indicated whether to sell the property or not, he would like the motion amended and the vote re-done. The Commissioners needed to declare the property was being held for a public purpose.

Commissioner Strickland

rescinded her motion; Commissioner Boskovich rescinded his second.

Commissioner Strickland

made a motion to not sell the Nye County patented mining claim known as The Constitution mining claim and instead move it into a public purpose parcel; seconded by Commissioner Boskovich; 5 yeas. 8. 10:00 a.m. Presentation by Eric Whalen with Pahrump Valley Public Transportation, regarding program status, outcome results, a budget status report and future goals pursuant to the Nye County ARPA Recovery Plan and Policy: Public Health Assistance-Mental Health. (10-minute time limit) Eric Whalen from Pahrump Valley Transportation advised they received an award notice from the ETA And NDOT regarding their building purchase so they would own their own facility. They also received their award notice from NDOT for their operations funding for next fiscal year. Mr. Wahlen then gave a presentation regarding their use of the ARPA funds provided to them. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 12. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Pahrump Public Lands Advisory Committee from the following list of applicants: Jim Hannah; and/or 2) Direct staff to re-advertise for the appointment.

Commissioner Strickland

made a motion to appoint Jim Hannah for a term expiring January, 2025; seconded by Commissioner Carbone. Jim Hannah was present if the Board had any questions for him. Robert Adams, secretary of the Public Lands Advisory Committee, said Mr. Hannah was an invaluable member to the committee and asked the Board to reappoint him.

Commissioner Jabbour

asked if the truck would also be utilized to transport the trash from Gabbs to the Tonopah landfill. He appreciated that it was for a non-CDL driver so that gave some flexibility in hiring someone. He also asked if Gabbs planned on keeping the old truck for a back-up.

Ms. Raymond

said yes. Since the price was so high Commissioner Cox asked if this had to or if it did go out to bid.

Ms. Raymond

explained there were only two options available in the United States for a truck of this size. The one in the presentation was the lowest cost and the other option was $301,000.00.

Commissioner Cox

asked why Gabbs needed this truck instead of one that was a little less expensive that might do the same job. August 1, 2023 16. For Possible Action Discussion and deliberation to approve the purchase of a new non-CDL garbage truck for the Town of Gabbs in an amount not to exceed $285,000.00 to be funded from 23101 Gabbs Town General Fund-Cont’d.

Ms. Raymond

said this truck was a non-CDL truck. All other garbage truck options available were too large for the Gabbs route, required CDLs, and had higher operating expenses. This was the least expensive one they could find. Purchasing and Contracts Administrator Honey Strozzi said she reviewed this and knew it had not gone out to a formal bid. She believed with the price that would have to be done.

Commissioner Jabbour

thought this had already gone out for bid before COVID hit. When COVID hit the truck was cancelled, but it had already been approved.

Mr. Thompson

said it was not put to bid. It was purchased through a sole source.

Commissioner Jabbour

asked how long it would take to get this posted and go to bid, and if the County was risk of losing this truck like the last one.

Commissioner Strickland

advised the current truck was hauled to Tonopah and was now in the shop non-operational.

Commissioner Cox

thought they could probably fix it pretty quickly.

Mr. Thompson

advised they would get the truck running, but they anticipated working on it every other week, which would be every 500 miles, so it was not efficient at this point.

Commissioner Jabbour

asked again about the timeframe.

Mrs. Strozzi

said she could shoot for six weeks.

Commissioner Jabbour

asked her to stay on top of this. The item died for lack of a motion. August 1,2023 SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS 9. 10:00 a.m. For Possible Action Continued Public Hearing Discussion and — — — deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2023-04: A Bill proposing to amend Nye County Code Title 17. titled Comprehensive Land Use Planning and Zoning, Chapter 17.04, titled Pahrump Regional Planning District, Article Ill, titled Zoning Districts; Establishment and General Provisions, Section 17.04.430, titled LI Light Industrial, removing renewable energy generating facility as a permissive use; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto. Planning Director Brett Waggoner explained this was the last zoning district within the Pahrump Regional Planning District that listed renewable energy facilities as a permissive use. However, he asked the Commission to continue this until the next Pahrump meeting because there were still a few questions that staff was working with the District Attorney’s Office on.

Commissioner Strickland

made a motion to continue; seconded by Commissioner Carbone; 5 yeas. August 1, 2023 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 11. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Town of Pahrump for Fiscal Year 2023-2024 pursuant to NRS 350.013. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 14. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Town of Beatty for Fiscal Year 2023-2024 pursuant to NRS 350.013. GABBS 15. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Town of Gabbs for Fiscal Year 2023-2024 pursuant to NRS 350.013. MANHATTAN 17. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Town of Manhattan for Fiscal Year 2023-2024 pursuant to NRS 350.013. AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT 18. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Pahrump Pool District for Fiscal Year 2023-2024 pursuant to NRS 350.013. FINANCE 30. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for Nye County for Fiscal Year 2023-2024 pursuant to NRS 350.013. Elizabeth Jordan said these items were the debt management policies and capital improvement plans for the stated entities. The County’s total debt was $27,698,000.00, which included the jail bond, the last Enterprise lease agreement, the animal shelter bond, and the Siemens Energy project. In the last year the County paid off two loans. Gabbs and Manhattan had debt because of the utilities. August 1,2023 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP II. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Town of Pahrump for Fiscal Year 2023-2024 pursuant to NRS 350.01 3-Cont’d. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 14. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Town of Beatty for Fiscal Year 2023-2024 pursuant to NRS 350.013-Cont’d. GABBS 15. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Town of Gabbs for Fiscal Year 2023-2024 pursuant to NRS 350.013-Cont’d. MANHATTAN 17. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Town of Manhattan for Fiscal Year 2023-2024 pursuant to NRS 350.013-Cont’d. AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT 18. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Pahrump Pool District for Fiscal Year 2023-2024 pursuant to NRS 350.013-Cont’d. FINANCE 30. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for Nye County for Fiscal Year 2023-2024 pursuant to NRS 350.013-Cont’d.

Commissioner Strickland

made a motion to approve items 11, 14-15, 1 7-18, and 30 as written; seconded by Commissioner Carbone; 5 yeas. August 1, 2023 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 13. For Possible Action Discussion and deliberation to approve the Town of Pahrump dedicating 0.62 Acre Feet Annual (AFA) of Water Rights from Permit 25268 to Great Basin Water Co. (GBWC). This will fulfill the requirements to provide water service to the Veterans Memorial Building located at 751 5. East St., Pahrump, NV, Assessor’s Parcel No. 038-271-19, and bring current the annual consumption estimates of the entire Veterans Memorial Complex.

Commissioner Strickland

disclosed she brokered water rights, but she had no pecuniary interest in this item. Tom Waters thanked the Commissioners and said this was something that was desperately needed at this building.

Commissioner Carbone

made a motion to approve the dedication of 0.62 acre feet of water from Permit No. 25268 for the Veterans Memorial Building; seconded by

Commissioner Strickland

; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommend for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 19. For Possible Action Approval to: 1) Accept the no-cost Grant Amendment No. I for grant award 21/PFIO7 through the State of Nevada, Community Development Block Grant (CDBG) program to provide 6 months additional time for the completion of the Tonopah Union Plaza Parking Lot Project by December 31, 2023; and 2) Execute Grant Amendment No. 1.

Commissioner Strickland

made a motion to approve item 19-21; seconded by

Commissioner Cox

; 5 yeas. 20. For Possible Action Approval to: 1) Accept the no-cost Grant Amendment No. I for grant award CDBG-CVR2 201PF132 through the State of Nevada, Community Development Block Grant (CDBG) program to provide additional time for the purchase and installation of emergency generators by December 31, 2023; and 2) Execute Grant Amendment No. I.

Commissioner Strickland

made a motion to approve item 19-21; seconded by

Commissioner Cox

; 5 yeas. August 1, 2023 21. For Possible Action Approval to: 1) Accept the State Fiscal Year 2024 Agreement to use the Affordable Housing Welfare Set-Aside Program in the amount of $23,454.56 from Nevada Housing Division for Affordable Housing Trust Funds Program to offer rental, utility, and security deposit assistance to eligible clients at-risk of becoming homeless. There is no County match required; 2) Execute the Agreement; and 3) Fund to 10340 Grants.

Commissioner Strickland

made a motion to approve item 19-21; seconded by

Commissioner Cox

; 5 yeas. BOARD OF COMMISSIONERS 22. For Possible Action Discussion and deliberation to 1) Appoint one member of the Nye County Board of Commissioners to the U.S. Department of Energy, Nevada Site Specific Advisory Board (NSSAB) due to an expiring term; and 2) Choose Option 1: Full Liaison or Option 2: Limited Liaison.

Commissioner Strickland

hoped Commissioner Carbone would continue to serve. She sked if he would like to be a limited liaison or a full one.

Commissioner Carbone

said he was currently doing the full and he would be happy to continue.

Commissioner Jabbour

said last year the Board unanimously voted him in as the liaison, but according to the agency’s by-laws the liaison could not also be a voting member. That was why this came up.

Commissioner Strickland

made a motion to appoint Commissioner Frank Carbone to the Commission to the U.S. Department of Energy NSSAB and choose the option of full liaison; seconded by Commissioner Boskovich; 5 yeas. CLERK 24. For Possible Action Discussion and deliberation to: 1) Approve or reject the use of ballots, including without limitation, mail ballots and return envelopes purchased by the Secretary of State in accordance with the contract or contracts entered into, pursuant to AB192 of the 2023 Nevada Legislative Session for all statewide and local elections held in calendar year 2024 and 2025; and 2) Approve a request from the Clerk to notify the Secretary of State in writing of this decision no later than August 6, 2023. Mark Kampf said earlier this year the prior vendor advised they were dropping Nye as a client because there was not sufficient business for them. He had started interviewing various print vendors, but then he found out AB1 92 was in process. That bill required the form of all envelopes in which mail ballots were sent to voters as well as all return envelopes to be uniform throughout the State, with certain exceptions. Additionally, the August 1, 2023 24. For Possible Action Discussion and deliberation to: 1) Approve or reject the use of ballots, including without limitation, mail ballots and return envelopes purchased by the Secretary of State in accordance with the contract or contracts entered into, pursuant to AB192 of the 2023 Nevada Legislative Session for all statewide and local elections held in calendar year 2024 and 2025; and 2) Approve a request from the Clerk to notify the Secretary of State in writing of this decision no later than August 6, 2023-Cont’d. bill authorized the Secretary of State to enter into contracts for the purchase of ballots and return envelopes used in any statewide or local election. It also authorized each board of county commissioners and governing body of an incorporated city to elect to use the ballots and return envelopes purchased by the Secretary of State for all statewide local elections. Mr. Kampf had to let the Secretary of State know within six months of the February 6, 2024, presidential preference primary. He felt the County would get better buying power through the State even though they always reimbursed the County for all of the costs of doing the ballots. This would have no impact on the County cash flow because the State would pay the bill rather than the County paying it and waiting for reimbursement. Mr. Kampf was asking for approval to send the letter and participate. Carolene Logue supported the Clerk’s position to go ahead and accept the ballots.

Commissioner Carbone

made a motion to approve entering into the contract pursuant to ABI 92, and approve the request from the County Clerk to notify the Secretary of State in writing of this decision no later than August 6, 2023; seconded by Commissioner Strickland. Michelle Nelson asked that the motion be amended to approve the use of the ballots.

Commissioner Carbone

amended his motion to approve entering into the contract pursuant to AB1 92, approve the use of the ballots, and approve the request from the County Clerk to notify the Secretary of State in writing of this decision no later than August 6, 2023; Commissioner Strickland amended her second; 5 yeas. TREASURER 26. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-23: A Resolution to Reestablish Fund 10203 Trust Property Expenses. Treasurer Raelyn Powers explained the purpose of establishing this fund was so it could be used as a mechanism to track all expenses directly related to auctions, including publications, mailing costs, title searches and those type of items, as well as to record the revenue being recovered from properties that did sell at auction. Right now some of those expenses were going against the excess proceeds fund. The excess proceeds funds were restricted for a year plus 30 days to allow time for all claimants to put in an August 1, 2023 26. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-23: A Resolution to Reestablish Fund 10203 Trust Property Expenses-Cont’d. application to claim the excess proceeds. Anything not claimed would roll over to the general fund.

Commissioner Carbone

asked why the fund was eliminated in 2021. Elizabeth Jordan advised that fund was not being utilized in the manner it was intended to be and there were no transactions really happening at that time. She said it was appropriate to bring this fund back to active to track the expenditures within this fund.

Commissioner Jabbour

pointed out the deputy treasurer trust property salary would also be paid out of this fund. He asked if that position was not budgeted in the Treasurer’s budget and if the tracking would include the segregation of the duties of the trust property deputy and chief deputy’s duties as they were one and the same.

Ms. Jordan

explained the Treasurer’s trust property position had been budgeted out of the Treasurer’s trust property fund in previous years. She said once these changes were made that position would move to this fund and it was the only position funded out of it. She thought she may need to have a discussion with Ms. Powers because that position had recently changed.

Ms. Powers

added they were two different positions. Tim Bohannon stated his support of this item as it would provide good accounting accuracy in the flow between Finance and the Treasurer’s Office.

Commissioner Strickland

made a motion to adopt Nye County Resolution No. 2023-23, a resolution re-establishing fund 10203; seconded by Commissioner Boskovich; 5 yeas. COUNTY MANAGER 27. For Possible Action Discussion and deliberation to ratify the County Manager, Tim Sutton’s selection of Helen Bae as Comptroller. Helen Bae said she hoped to be ratified as Comptroller. She had an extensive background in accounting, was a CPA, and had been practicing since 2003 specializing in government financial management. Tim Bohannon said Ms. Bae had come to the right place with her background.

Commissioner Carbone

made a motion to ratify Tim Sutton’s selection of Helen Bae as Comptroller; seconded by Commissioner Strickland; 5 yeas. August 1,2023 EMERGENCY MANAGEMENT 28. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject an Interlocal Contract between the State of Nevada, Department of Conservation and Natural Resources and Nye County Emergency Management for the purpose of providing the services detailed within the Wildland Fire Protection Program scope of work; and 2) Execute the agreement. Emergency Management Director Scott Lewis said this was a long standing agreement renewed every two years. In 2017 the contract was renewed at a cost to the County of $50,000.00 per year. Shortly after his arrival as Director of Emergency Management in 2019 that was negotiated down to $38,000.00 and a type 3 engine for wildland application was acquired. The cost was renegotiated again this year down to just $15,000.00 with no cessation of any of the services provided. Honey Strozzi said the total cost for the fiscal year was $15,834.00 and for both fiscal years was $31 668.00. She had spoken with the Comptroller who said it was budgeted out of fund 10101. Michelle Nelson was not present.

Commissioner Strickland

made a motion to approve and execute; seconded by

Commissioner Cox

; 5 yeas. FACILITIES 29. For Possible Action Discussion and deliberation to: 1) Discuss Bid No. 2023- 09 Site Prep and Install of Generators for Fire Departments; and 2) Provide direction to staff on how to proceed with the project. Honey Strozzi said this solicitation had been advertised two separate times with no bids received either time. She was asking for direction from the Board on how to proceed. At this point staff would like to do the work themselves acting as the general contractor and sub out any work that staff could not do. An advertisement was placed in the paper on June 21, 2023, notifying the public no bids were received and that a contract may be let without further bidding.

Commissioner Jabbour

asked if there was an estimate of the cost if County staff did it. Buildings and Grounds Manager William Allen said CDBG required prevailing wage so there would be no savings in labor because whoever was hired to do the work would have to be paid the same wages. It was the same with the materials cost. There would be no savings with the County doing it, but it was the only option. Stephani Elliott said a six-month extension of the grant was obtained. In the meantime feelers were being put out to move this project forward if approved. August 1,2023 29. For Possible Action Discussion and deliberation to: 1) Discuss Bid No. 2023- 09 Site Prep and Install of Generators for Fire Departments; and 2) Provide direction to staff on how to proceed with the proiect-Cont’d.

Commissioner Carbone

made a motion to direct staff to move forward with providing the prep and installation for the generators for the fire departments; seconded by

Commissioner Strickland

; 5 yeas. INFORMATION TECHNOLOGY 31. For Possible Action Discussion and deliberation to accept the donation of a used 8’x8’x8’ Insulated communications site building from the State of Nevada, Department of Transportation. There is no cost to Nye County.

Commissioner Strickland

made a motion to accept the donation; seconded by

Commissioner Carbone

. IT Director Brad Adams said this was going to replace an old shelter on a recently acquired right-of-way on Gold Point that hosted a Public Works repeater.

Commissioner Carbone

made a motion to set a time, date, and location for September 19, 2023, in Pahrump at 10:00 a.m.; seconded by Commissioner Strickland; 5 yeas. Tim Sutton read the title of the bill into the record. August 1, 2023 PUBLIC WORKS 33. For Possible Action Discussion and deliberation to: 1) Transfer the unused Gabbs Airport entitlement funds received from the United States Department of Transportation, Federal Aviation Administration (FAA) in the amount of $56,200.00 from Nye County to the Silver Springs Airport in Lyon County; and 2) Execute the agreement to transfer funds. Tom Boiling said this had been pulled from a prior agenda as clarification was needed from the FAA on exactly what was going to happen with these funds. After a meeting with them the administrative office assistant manager for the Federal Aviation Administration Office of Airports in Phoenix sent an e-mail stating in the third bullet point that the FY24 projects at the airport would need funding. The FAA would provide the $56,520.00 toward one of those projects and which airport project it was specifically to go toward could be worked out further along in the programming for next year. Mr. Boiling stated ultimately the FAA said yes, they were going to give this money to the Lyon County Airport, however, next year Nye would get that money back for one of its projects.

Commissioner Carbone

made a motion to transfer the unused Gabbs Airport entitlement funds in the amount of $56,200.00 to the Silver Springs Airport in Lyon County and execute the agreement; seconded by Commissioner Strickland; 5 yeas. PUBLIC PETITIONER 34. For Possible Action Presentation, discussion and deliberation to authorize a Charter School in Pahrump to be developed by the PVA Team. Tynia Dickson, Michelle Caird, and Sable Marandi gave a presentation regarding what charters were; how the Nye County Board of Commissioners was given the ability under AB400 to authorize charter schools; charter reporting practices; oversight and supervision at the Pahrump Valley Academy (PVA); the PVA Board of Directors; and the PVA model.

Commissioner Boskovich

said he was absolutely in favor of charter schools. He thought they were an absolute necessity, especially in areas like this. He asked if they had checked with the Nye County School District to see if they would allow this to operate under them. He mentioned Clark County had a model that potentially they may be willing to share as it was quite successful there. Brian Kunzi thought the cart was being put before the horse in this situation. The legislature did enact a provision that allowed counties to sponsor a charter school, however, under the statute in order to be a sponsor of a charter school an application must be submitted and approved by the Department of Education before the district could actually sponsor a charter school. Once the approval from the State was received, then applications needed to be solicited for charter schools. The only change made was August 1,2023 34. For Possible Action Presentation, discussion and deliberation to authorize a Charter School in Pahrump to be developed by the PVA Team-Cont’d. injecting the counties as one of the entities that could become a sponsor for a charter school.

Commissioner Strickland

said she was thrilled with the whole idea, but she noted that the legal review on this request had not been performed, which concerned her.

Commissioner Carbone

said Common Core was identified in the documentation and he asked what the reason for it was.

Ms. Marandi

explained Nevada was one of the states that adopted Common Core. Common Core was learning standards that pertained to every content area.

Commissioner Carbone

asked in order to set up a charter school if Common Core had to be followed as part of the process.

Ms. Marandi

stated that was what the head of the school must do, ensure every lesson plan taught something that was Common Core aligned. It was not a’prerequisite to be charter school, but it was required in all schools in Nevada.

Commissioner Carbone

did not think the County was in the right place for this.

Commissioner Cox

asked if the people who worked there would live locally.

Ms. Marandi

said she was passionate about that. The school was a community effort and they believed it was best if the person who worked at that school lived in the community. It would be a requirement for staff and faculty that they needed to contribute to the community.

Commissioner Cox

asked what grades would be in the charter school.

Ms. Marandi

advised they received authorization for kindergarten through eighth grade, but when the school was authorized the doors would be opened for kindergarten through fifth grade because there would be children way behind in reading and math.

Commissioner Boskovich

said there was no option for failure so this may be a situation where the Commissioners needed to look deeper into this and evaluate how to move forward.

Mr. Kunzi

said he would get with the Department of Education and find out exactly what the application entailed as well as the whole process. There was a lot the Commissioners needed to be aware of along with some significant responsibilities. He would put together a summary of how the process worked, what the responsibilities would be being a sponsor, and make recommendations. August 1, 2023 34. For Possible Action Presentation, discussion and deliberation to authorize a Charter School in Pahrump to be developed by the PVA Team-Cont’d.

Commissioner Jabbour

asked if the people listed for the potential board of directors were aware they were on the list.

Ms. Marandi

said they did.

Commissioner Jabbour

suggested the women put together a public workshop so detailed questions could be asked and the manual gone through. Carolene Logue said she was a director of a private special education school and she knew the difficulties in that. When AB400 was introduced and debated one of the concerns was opening the door to public funding. The tax dollars used for charter schools could go to schools that would not allow certain types of education or certain books to be used, and would discriminate against certain children. Ms. Logue was not saying this charter school would do that, but it would be the responsibility of this Board to have oversight to make sure that public schools and charter schools followed the same guidelines. Tom Waters said taking on a school was an awesome responsibility and he thought the board of directors could be an advisory committee to the Commissioners to help them understand. Tim Bohannon questioned the need for a charter school. He felt the public school system should be challenged to meet the standards they should be meeting. Tina Trenner stated her support of charter schools. Linda Clark thought charter schools were good, but there was a need for decent schools in Pahrump. She asked where the school would go and who would pay for it. She also mentioned the waiting lists for most charter schools because everyone wanted their children to attend them. Ammie Nelson said some charter schools were good, but they did not differ significantly from traditional public school options. She was in favor of having a workshop. Herman Lewis did not agree with Common Core or trying to divide the students through critical racist theory. He hoped the Commissioners would have control to make sure that the agenda was not really on the Communist Marxist ideology.

Commissioner Strickland

did not think the Board could take action today based on the advice given by the District Attorney.

Commissioner Carbone

gave direction to the County Manager to work with the District Attorney and report back where they were in the process. August 1, 2023

Commissioner Cox

reminded everyone of the emergency meeting of the Friends of the Wild Horses and Burros on Saturday, August 5, 2023, at 10:00 a.m. at 4760 Pahrump Valley Boulevard in the Republican Office. Their regular meeting would be on August 19, 2023, at 11:00 a.m. at the Desert Greens clubhouse. If people could not attend they could call in at 888-585-9008 and an enter code of 255-432-824. She then asked ______________day August 1, 2023 38. CommissionerlManager Comments (This item limited to announcements or topiclissues proposed for future workshopslaqendas)-Cont’d.

Commissioner Carbone

to address Ms. Nelson’s comments about solar and the generators for Emergency Management. Brian Kunzi advised that type of discussion could not be had. It had to be on the agenda.

Commissioner Carbone

said he would talk to Ms. Nelson off-line.

Commissioner Boskovich

asked Mr. Kunzi when the Board entered into an MOU with various agencies if that bound the County to anything other than discussion with them.

Mr. Kunzi

said he would talk to Commissioner Boskovich about that.

Commissioner Strickland

said Zoom capabilities were needed for any meeting of any advisory board, town board, or workshop so the Commissioners could be involved. She took exception to a resident in Belmont calling a Commissioner out for not attending a meeting instead of having the Zoom capability.

Commissioner Jabbour

said unfortunately the day of the Belmont meeting was the day the Tonopah VFW had invited he and Commissioner Carbone to their flag retirement ceremony as well as the announcement of their 1 QQth anniversary. He then reminded everyone to protect family and friends, especially children, conserve water, and spay/neuter their pets.

Commissioner Carbone

said a veterinarian was needed in the County shelter in Pahrump and maybe that could be on a future agenda.

Commissioner Jabbour

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

Chair Nye

Co nty Clerk / Deputy BOCC PUBLIC COMMENT — AUGUST 1, 2023— AGENDA ITEM #23 I request that this statement be included in the minutes of this meeting. Note that I will be using the term ‘BAB’ as an abbreviation in describing the BELMONT ADVISORY BOARD. I am happy this item was placed on the BOCC agenda and that the Belmont community came together to voice their objections in the selling of the Constitution Mining Claim by the County. What I am not happy about is how the property owners of Belmont came close to seeing this land sold, due to the questionable intentions by some who supposedly represent our community. If Neal Jones did not catch the cryptically written agenda item concerning this sale at the May 2nd (2023) BOCC meeting, none of us would be here today to see Belmont protected from outside mining threats. Instead a misinformed BOCC vote, based on meager backup and a skewed presentation would have passed, jeopardizing the well-being of the BeLmont community. In the present backup, Secretary Motis wrote that the BAB wishes to be involved in any future discussion and deliberation regarding this issue. I agree with this request. This should also mean that issues relating to Belmont would not be placed on the BOCC agenda unannounced. Otherwise, constituents become suspicious of the County’s intentions and transparency. Thus I ask that our Commissioner notifies the BAB, pjjQr to placing items on the agenda that concerns our community. In turn, the BAB can then notify property owners. Having our Commissioner present at our future BAB meetings would also be appreciated, so that issues can be discussed and a working relationship established. It is not the job of the Natural Resources Director to be Belmont’s go-to person. It is the job of our elected County Commissioner representing our District. His participation in the Belmont community would help in having issues such as the near unwanted selling of the Constitution Mining Claim from happening again. It has been recommended in the backup, that this Mining Claim be used for maintaining access to private and public lands. Ironically, I suggested something similar in the public comment I presented at the June 24th (2023) BAB meeting. Perhaps this recommendation should have been made at the May 2nd (2023) BOCC meeting, rather than attempts at selling the Claim to a Petitioner who did not have the courtesy in showing up to present their case. Apparently the Petitioner expected others to do their work, as did another absent Petitioner at the most recent BOCC meeting on July 1gth (2023), who wanted to acquire County mining claims in Ophir. These Petitioners are in position to make vast amounts of money in the acquisition of these Claims, yet they use County employees to push their deals through. I question what these employees get out of this arrangement by making it so easy for the Petitioners, while compromising those who might own property near these Claims. Finally, I ask that the BOCC pay closer attention to future agenda items that are poorly written, have meager backup, absent Petitioners, un-notified Boards and fuzzy legal counsel, resulting in decisions that can harm those who truly care about the well-being of their community. Thank you. Jiic& &rrol ATTACHMENT 1 PUBLIC COMMENT FOR AUGUST 1 2023 NYE COUNTY BoCC MEETING item # 23 This agenda item is specifically for the discussion and deliberation of the selling of the Constitution Mining claim. When this first came before the BoCC on May 2nd, there was a woeful lack of backup documentation and information provided to the BoCC and the public. At that meeting, county staff knowingly made several false statements to the BoCC, attempting to persuade the Commissioners to take action based upon these false statements, which is in violation of State law (NRS 241.0353). At the May 2nd meeting, county staff stated that they had spoken to the residents of Belmont and no one had any concerns regarding the sale of this claim. This statement is patently false as should be evident from the other backup documentation provided of the results of the Belmont Advisory Board meeting of June 24th. The property owners and residents of Belmont were unanimous in their opposition to the sale of the mining claim. This is the actual truth of the matter. Now, it seems, county staff is attempting to change the narrative of what occurred on May 2nd by providing a COPY of an outdated deed, referencing interviews with persons and research to support specific farcical assumptions, but not providing the copies of the research and then making additional false statements with respect to what the petitioner filed their affidavit and petition for. Contrary to what the written staff recommendations state, the petitioner DID NOT file their affidavit and petition following the procedures set forth in NRS 5 17.410 and 430. These sections are not applicable to this specific petition. Those sections of the law are for mining claims held by the county for less than 1 year. The petitioner filed their affidavit and petition according to the procedures set forth in NRS 5 17.450 and 460. The APN system in Nevada was not mandated until 1975 (NRS 361.1 89). Claiming that an APN was withheld for any reason in 1933 is just another subterfuge county staff is using for some unknown reason. The Natural Resource Office should not be acting as an agent for the petitioners in doing the presentations to the BoCC, nor should they be acting as unqualified title agents. The job description for the Director of Natural Resources only lists the acquisition of public lands as one of their job duties. The researching, selling and auctioning of lands and mining claims is not one of their duties and they are obviously not qualified to engage in these duties. The public should not have to be responsible to fact check the information that comes out of their office. I ask the BoCC to consider the request of the Belmont Advisory Board in their letter of June 24th, and agendize for a future meeting the discussions of holding this property permanently in trust. I ask that this statement be included as part of the minutes of this meeting. Respectfully, ATTACHMENT 2 Neal Jones