September 19, 2023

Sheriff McGill

was present. Kellen McDowell from the Affordable Housing Committee and spoke about housing in Pahrump. He implored the Commissioners to notice that people wanted to live here September 19, 2023 2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (FIRST)-Cont’d. and with more affordable options the community would grow. The demand for affordable housing in Pahrump was clear and it was not just about providing shelter. It was about fostering a sense of security, stability, and opportunity for all residents. Mr. McDowell felt the time to act was now before the growing situation worsened. Michael David Garcia talked about forgiveness; child trafficking in the schools; and the undermining of State integrity. Pam Kirchner said she worked for AmeriCorps in the food security area. She reminded everyone September was national hunger month. There were eight pantries in town and Ms. Kirchner urged everybody to choose a pantry to donate to. Darryl Lackey talked about 11 acres on Dandelion and Calvada that already had water and sewer. He said his idea was a homeless elimination camp. Kay LaPointe said she had papers to pass out for the Cotillion’s practice dates and dance performance dates. She said they needed local funding and anyone who wanted to help could call J.J. Johnson and mention the Cotillion and that message would go to her. She also would like the Commissioners to get involved this year and come to one of the practices for about ten minutes. Maryan Hollis said the workshop on homelessness needed to happen sooner rather than later before the situation became totally unmanageable. She then talked about the dress code changes in federal government and said this country was falling apart from decorum to democracy and everything in between. Brian Kunzi was present. Assessor Sheree Stringer said the Nevada Assessors Association Conference was held in Tonopah last week and was a big success. Speaking as a Rotarian, Mrs. Stringer said she had one ticket left. She also collected coats, hats, socks, and blankets for the needy in Nye County. Anyone who had things they wanted to donate could bring them to her office. Tim Bohannon talked about 9/11 and how his brother was there when it happened. It was amazing to him to see all the first responders rushing into the buildings as they were pancaking. Better yet, it was the unity in this country and coming together and working as one. Erika Gerling said she was present in Beatty. September 19, 2023 2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (FIRST)-Cont’d. Laura Larsen reminded everyone the Fall Festival would be September 2 1-24, 2023, and asked everyone to please keep an eye on their children. She then said it had been proven that 5G caused cancer and other issues. She asked the Commissioners what they were doing to protect the people of the community. Ms. Larsen noted the news was saying COVID was coming back. She suggested that a letter be sent to each business about how the County and the Commissioners felt about the choice to wear a mask. Lastly, Ms. Larsen advised that on October 4, 2024, an EBS test would be done and she suggested everybody turn off their phones from 11:00 a.m. to 4:00 p.m. as protection because the towers would be hit with it. Joy Thomas said on October 31, 2023, there would be a spaghetti dinner to benefit Never Forgotten Animals and the Pahrump Senior Center at Wildside Tavern from 5:30 p.m. to 8:30 p.m. All of the money would go to the charities except the $5.00 cost for dinner.

Commissioner Boskovich

said he had been all over the country and the Nye County Sheriff’s Department and the fire department were two of the best he had seen anywhere. He told all of the people who called him constantly about the potholes that they had not been forgotten and Public Works would get to them.

Commissioner Strickland

said she would not be able to attend the Fall Festival and Prairie Fire would have their grand opening on Saturday.

Commissioner Jabbour

said he attended the ribbon cutting for the Union Plaza parking lot in Tonopah, and that night he attended the POW ceremony. Another event in Tonopah was the completion of the Charters of Freedom, and Nye County was 55th county to participate in the replication of that. Contracts and Grants Manager Stephani Eliott advised a workshop had been scheduled for Tuesday, October 24, 2023, for the Local Assistance and Tribal Consistency Fund. She had created a ranking which she would like some feedback from the Commissioners on. There were also a few items and that may be considered emergencies where staff could get direction to move forward.

Commissioner Carbone

made a motion to accept the Traffic Safety Grant, execute the agreement, allow a one-time exception for the Comptroller to electronically accept the grant award, and fund $34,000.00 into 10340 Grants; seconded by Commissioner Cox; 5 yeas. TIMED ITEMS 6. 10:00 a.m. For Possible Action Discussion and deliberation regarding the — — monthly statement of county treasurer pursuant to NRS 354.280 including receipts, balances in funds, money on deposit, outstanding checks, and cash on hand. Treasurer Raelyn Powers said in the back-up was June, 2023, the close of July, 2023, and the reports for July, 2023. She reminded everybody these were not financial reports but rather proof of cash, which was basically a bank reconciliation. While things on the reports looked a little wonky right now, everything would start aligning again in August, 2023.

Commissioner Cox

said a constituent contacted her and stated the County had $132 million in the Wells Fargo Bank that was not insured. She asked Ms. Powers to address that. September 19, 2023 6. 10:00 a.m. For Possible Action Discussion and deliberation regarding the — — monthly statement of county treasurer pursuant to NRS 354.280 including receipts, balances in funds, money on deposit, outstanding checks, and cash on hand-Cont’d.

Ms. Powers

said that was not correct. All of the investments at Wells Fargo were FDIC insured. Michael David Garcia talked about accountability when it came to money. Tim Bohannon commented on the red negative balances on the reports. He knew there was a lag in the number systems, but that was something he would like to see cleaned up over the next year. 7. 10:00 a.m. Presentation by Nancy Gum with Tails of Nye County 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 Grant. (10-minute time limit) Nancy Gum gave a presentation on their use of the ARPA funds granted to them. 8. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject the International Association of Fire Fighters Local 4068 Agreement to include the reporting of the fiscal impact of the agreement. The new agreement will be effective upon ratification. Tim Sutton said some of the key highlights of this agreement were: • The disparities in salaries were addressed by staggered incremental wage increases across the board. • A cap on overtime. • The issue of returning badges when people left was addressed. • The addition of options of what people could buy with their uniform allowance, but the allowance did not increase. • The elimination of cash payments for recertification programs. The County Training Coordinator would take over the trainings. • If the County or Town did not provide training, a stipend would be given so the employee could then get the service on their own.

Commissioner Carbone

said they also needed to be provided with facilities to cook. He asked if their facilities were modified recently. September 19, 2023 8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject the International Association of Fire Fighters Local 4068 Agreement to include the reporting of the fiscal impact of the agreement. The new agreement will be effective upon ratification-Cont’d. Fire Chief Scott Lewis advised station one was done just after the storms two years ago, but it did not really have cooking facilities.

Commissioner Jabbour

pointed out a typographical error on page 43, number 7, where “dire chief” should be “fire chief.” He said he did not see actual corrective action in the agreement and asked if there was a policy in place. Chief Lewis said yes. As part of the actual documentation on any disciplinary action there was the remedy and the actions required, which was then forwarded to Human Resources for retention.

Commissioner Jabbour

asked about section 7 on page 32, which stated that any write ups were purged or removed from the file. Chief Lewis explained that depended on the level of the infraction and at what step it was at in the progressive disciplinary action that was taken.

Commissioner Jabbour

opened and closed the public hearing.

Commissioner Strickland

made a motion to adopt; seconded by Commissioner Carbone; 5 yeas. 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 III, 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 said this was still a work in progress and he asked the Board to continue it for 60 days. Carolene Logue said there was an agenda item to discuss housing and with that it was important to have a discussion about planning and zoning regarding energy generating facilities. She asked that the discussion be held now. Darryl Lackey did not want to see people not be allowed to create their own energy. He hoped this item was just for the big solar fields. September 19, 2023 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- Cont’d. Ammie Nelson stated she was against solar projects in the Pahrump community. Lou Baker said society had to move from the fossil fuels as quickly as possible. He thought it would be foolish to deny the public having solar.

Commissioner Strickland

made a motion to continue this item until November 19, 2023; seconded by Commissioner Carbone.

Mr. Waggoner

clarified this had nothing to do with prohibiting somebody from having a solar array for their own personal use for their home or anything like that. Additionally, there was an NRS that prohibited a government from prohibiting people to do that.

Commissioner Strickland

amended her motion to make it the Pahrump meeting date in November, 2023; Commissioner Carbone amended his second; 5 yeas. 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2023-10: 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 VI, titled Development Standards, Section 17.04.785, titled Park Model Recreational Vehicle Parks, adding Tiny Homes to title; and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto. Brett Waggoner explained this bill draft was as a result of a Senate bill that had passed and was the option chosen by the Board when the matter was discussed at a previous meeting. This bill draft made by definition a tiny home a permissive use in a park model RV park, which had pretty restrictive development standards. He reminded the public this had nothing to do with the County sponsoring a tiny home village, a homeless village, or anything of that sort. This was just fulfilling the requirement of that Senate bill and the NRS change.

Commissioner Strickland

pointed out section 2.a on page 4 on top and section 1 7.b on page 8 on top of the draft were exactly the same about a tiny home not built and she was not sure why it needed to be restated exactly.

Mr. Waggoner

explained one section pertained to a certificate of occupancy where the other was a requirement if it was going to be in a park model RV park that it must be secured to the ground before the certificate of occupancy could be issued.

Commissioner Jabbour

opened the public hearing. September 19, 2023 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2023-10-Cont’d. Maryan Hollis asked if a site had been determined for this tiny park village. Darryl Lackey said a person was not required to buy power from the power company if they provided their own power system, but this bill made it look like purchasing electricity from the vendor would be a requirement. He would like to see that loosened up a little bit. He thought people should be allowed to have a tiny home on their property instead of them being limited to a certain area. Kellen McDonnell asked what adhered to the ground meant exactly. Carolene Logue said the 2020 census included a designation of Pahrump as an urban community within a rural county. That meant there were urban areas with high population and high density characterized by the need for a build-up of infrastructure and housing. That infrastructure needed to include utilities as well as human services, medical, mental health, schools K through 12, and higher education. Ms. Davis asked the Commissioners to encourage the Planning Department to look at all facets of the plan with the changing population base and the changing needs within that population. Joy Thomas said she should be able to put whatever size house she wanted on her property instead of being forced into a tiny home community. Tim Bohannon said this was all about balance for him. Kathy McKenna asked Mr. Waggoner to look at the language in the NRS. If proper English was applied she believed the County had to implement two of the three options. Lou Baker said this bill stated someone could have 1 5 tiny homes, which was not what the Code said. The Code said he could have one major house and one sub. He also had concerns with the infrastructure being able to support a tiny home park. Sally Lushin asked for an explanation of what exactly a tiny home was as they could be on wheels, on a trailer, or attached to a foundation. Ammie Nelson thought there was some misconception on what these particular tiny homes were. Herman Lewis asked the Commissioners to try their best to keep Pahrump the way it was and not overdevelop it.

Commissioner Jabbour

closed the public hearing.

Commissioner Boskovich

asked Mr. Waggoner to clarify that nothing in this bill prohibited anybody from building as small a home as they wanted. September 19, 2023 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2023-10-Cont’d.

Mr. Waggoner

said a site had not been selected yet and there was no application for a park model park at this point. MU was a zoning district for multiple uses, not just a park model park. There were no regulations in the bill that dictated how power was obtained, but it had to be a community septic system. As to the question about what the NRS said, in plain English the language stated the certificate of occupancy only pertained to where it was installed on that specific parcel. If the tiny home moved to a different location, it would have to get a new certificate of occupancy. Mr. Waggoner said he agreed there was a lot of confusion about the term tiny home. NRS required a tiny home had to remain on wheels, it had to remain street-worthy, it had to remain registered with the DMV just like an RV, and they were not meant to be a permanent residence. The NRS also used the word “or” when listing the options. Answering

Commissioner Boskovich’s

question, the Code allowed a home as small as 80 square feet. As to the question about what affixed to the ground meant, Mr. Waggoner explained that meant it had to be held down by straps or something to a stake in the ground for wind.

Commissioner Jabbour

asked Mr. Waggoner if the Board could in the future revisit this issue and go with a second or third option, to which Mr. Waggoner replied certainly.

Commissioner Cox

asked if fixed to the ground was in the NRS or something Planning added.

Mr. Waggoner

said it was in the NRS.

Commissioner Cox

pointed out people lived in motor homes and this was pretty close to a motor home or a trailer.

Mr. Waggoner

said these would be closer to travel trailers, which were heavier and usually taller. He thought that was where the concerns about them being toppled over by wind came from. In a park model park for longer duration living it would allow for the park model type RV which was not typically seen being drug down the highway.

Commissioner Carbone

made a motion to adopt Nye County Bill No. 2023-10; seconded by Commissioner Strickland; 5 yeas. September 19, 2023 11. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt or reject 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. Priscilla Lane from Friends of the Wild Horses and Burros said when the Horse and Burro Act was put in place the BLM was to protect, not gather, harass, brand, or kill the horses. It had been proven the BLM did just the opposite by chasing the horses and burros with helicopters, hitting them with the skid of the helicopters turning them head over heels, then hitting them again. BLM had also been videoed kicking, dragging, and punching burros. Many had broken their necks and legs while they were chased. The temperature was also a factor. Ms. Lane said BLM was eradicating the horses stating it was for land for grazing, mining for oil, or drilling. This bill would help stop that. Ms. Lane asked the Commissioners to put forth this bill to make BLM change their ways. Phil Reneri said many years ago horses were used to round-up horses and he did not understand why Jeeps, off-road vehicles, and helicopters were used. He asked the Commissioners to help take care of them as they were supposed to be taken care of.

Commissioner Jabbour

opened the public hearing. Joy Thomas stated round-ups were always harmful and inhumane She said the people would like a vote on the ballot as to whether or not they wanted them. Stephen Pate said if the Board limited the BLM on how they did the round-ups they would increase the cost to the citizens because wranglers would be needed as well as different systems. People who chose to live here did not have to bow down to the coyotes and the horses. He said burros had chased children home from school and were not nice when they had not had anything to eat. Mr. Pate said if people had problems with the way BLM did their round-ups then that was who they should go after. Debra Hayden stated the round-ups were inhumane. Part of the reason there was a problem with the wild horses was BLM was systematically limiting the amount of space the animals had by leasing the land to other interests. She asked the Commissioners to consider sending BLM a message that there were other ways to gather the horses. Lou Baker felt the use of any high-tech equipment, such as drones, should be banned as well. Ammie Nelson thought the round-ups should be stopped in their entirety as there were not that many horses left. Tina Trenner said there was nothing that justified chasing horses across the desert with helicopters. She said a temporary trap with food could be used. The horses would September 19, 2023 11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt or reject Nye County Bill No. 2023-11-Cont’d. come and then the gate could be closed. The BLM was absolutely mismanaging the horses and horsemen should be taking care of them because they knew how. She supported banning the helicopters. Kelly Green said she supported the bill, but asked that it be amended to not allow round-ups to happen during triple digit summer temperatures or during freezing winter temperatures. Alma Quinata saw the horses as a resource that Pahrump could make money on through tourism instead of the BLM taking them to a holding facility for auction. Tim Bohannon said if the BLM was going to gather the horses it needed to be done in a safe way without stressing them. He felt the trap mentioned before could be done. Shawn Fairbairn said he had seen the destruction of habitat caused by the horses. He had also seen them take over an area, populate it, and clean it of any vegetation so there was no food for the other wildlife. There needed to be tools in the toolbox that the people could use and he felt the helicopter was a tool. Mr. Fairbairn stated the way this bill was written the Commissioner were going up against not just BLM but the Department of the Interior also. Herman Lewis said it was tremendously inhumane to have helicopters and drones, but he thought the bigger problem was the County had lost control of its county lands and needed to get control of the BLM. Yolanda Magley read statements from Angela Johnson and Susie Sells stating their support of the bill. Ms. Magley supported it as well. Joe Westerlund said the Tonopah Town Board had an agenda item for this about three weeks ago. About 20 locals came to the meeting and six or seven of them spoke. They had the concerns that everyone else had, but they also talked about life and safety if the helicopters were not used. They said it was unsafe to be on horses trying to round horses up because the horse being chased would run. Eddie Jim said the BLM was paid to manage the animals, not abuse them, and this injustice could not be tolerated or allowed to proceed. Helene Williams advised in the last legislative session the State passed Senate Bill 90, which designated the wild mustangs as the official State horse. Since it passed, Ms. Williams asked if that meant the wild horse was now protected. If so, then she felt a cease and desist order should be sent to the BLM. September 19, 2023 11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt or reject Nye County Bill No. 2023-11-Cont’d. Diane Davis talked about the millions of taxpayer dollars spent on the round-ups and the housing of the horses. She wondered why the BLM was not doing round-ups in the truly over-populated areas too. Chrissy Pope asked the Board to not support this agenda item as the BLM was trying to do their job by controlling the over-population. If they were not allowed to use their tools, then dead horses would continue to be found due to starvation because of the over-population on range land. Mrs. Pope believed if Nye County passed this agenda item then the BLM would focus and use their money in other counties in Nevada that welcomed them and allowed them to use the tools they had. She also mentioned that the Tonopah Town Board did not support this agenda item. Manon Castyllo said she had listened with her friend and would never have imagined this would happen with horses. Don Killmer thought the horses were part of Nevada’s legacy and history. They should be treated like Nevada’s treasure and be protected.

Commissioner Jabbour

closed the public hearing.

Ms. Lane

stated the reason the horses were coming in was because the fence had been down for years and as long as it was down they would keep coming. People insisted on feeding and watering them, so that fence needed to be put back up. Additionally, she advised the BLM kept fencing off the water system for the horses as well as cutting their areas to eat shorter and shorter so they could do what they wanted to do with cattle, sheep, mining, or whatever else. Lastly, Ms. Lane advised William Simpson was right when he said the horses ate the cheat grass that no other animals wanted to eat, which kept the fire possibilities down.

Commissioner Cox

read some of what Mr. Simpson had written to the Commissioners. He talked about the decibel levels of helicopters at 100 feet above ground as well as the hurricane force speeds of the wind due to the accelerated air mass under the rotor system. In the resulting stampede all wildlife ran in an unnatural fashion which created a situation where horses and other wildlife were no longer paying attention to hoof placement as they normally did. BLM stated they believed they had proven that the helicopter round-ups were a very safe and humane way of gathering horses. Mr. Simpson said that was a joke. Mr. Simpson had a non-profit that rescued wild horse herds and relocated them into areas where they could mitigate fire risk. Having hundreds of horses running for their lives for hours on end was not only inhumane for the horses, but for everything else that lived on the landscape. Commissioner Cox said she wanted to put all of that on the record for consideration. She felt the BLM was purposely pushing the horses down the mountain. BLM was making a lot of money off of the round-ups that the County could use to manage the horses on its own. September 19, 2023 11. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt or reject Nye County Bill No. 2023-11-Cont’d.

Commissioner Cox

stated the Commissioners were not saying to not round them up or to not give them birth control. All they were saying was not to round them up with things that were terrorizing, killing, and injuring them because that was abuse. A bait and trap could be used, and the fence needed to be put back up.

Commissioner Boskovich

understood the people in the north felt differently, but he said the video he saw was nothing but abusive to that animal. There was no explanation and nothing they could possibly say that would make that right in his mind and he would never be able to unsee it. He thought the County could do a better job of managing its land than the BLM.

Commissioner Jabbour

said this was a very sensitive issue and he agreed with much of what Ms. Lane, the committee, and the public had said, but there was another angle to this, which was the open range land in the north. According to the Wild Horse and Burro act of 1971, which was modified in 1976 and then again in 1996, the BLM was to manage the herds so there was a thriving natural ecological balance of the habitat. People had said they stopped the springs and ate the grass that none of the other animals wanted to eat, but the thriving natural ecological balance of habitat was for all animals, not just the horses and burros. Commissioner Jabbour said there were criminal provisions in the act for any person who maliciously caused the death or harassment of wild free roaming horses or burros and he felt that was what the County needed to go after. As the County Commissioner for district one, which was the northern part of Pahrump and the rest of the County, Commissioner Jabbour stated he was federally court ordered to work with and with cooperate with BLM and the Department of Forestry in the northern range lands. There was a joint report to Congress every 24 calendar months by both Secretaries of the Interior and Agriculture which included a summary of enforcement and other actions, costs, recommendations for legislation, and other appropriate actions. Those actions were that the BLM and Forestry were to manage and protect the herds before, during, and after any such gather in a humane fashion. That was what Commissioner Jabbour wanted to see in this bill.

Commissioner Strickland

said she had a passion for horses. She asked Commissioner Jabbour if he would consider a friendly amendment for the bill to read southern Nye County so the north could do as the north needed to do.

Commissioner Jabbour

said that was not what he wanted. If this bill was going to be County-wide, he wanted the focus to be on the humane treatment before, during, and after any type of round-up, whether it was horses, burros, or any other type of animal.

Commissioner Strickland

pointed out that BLM did not have to inform anyone a round up was taking place. She did not know how the Commissioners could provide adequate oversight other than through this ordinance. If the Commissioners said no to everything September 19, 2023 11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt or reject Nye County Bill No. 2023-11-Cont’d. she wondered if the BLM would come to the table then because they had been cooperating with the County on everything. Commissioner Strickland wanted everyone to understand what would be done here. The people believed a Nye County ordinance could actually affect what the Department of Interior did, which would not happen. This ordinance was just a statement.

Commissioner Cox

felt who had the most power and authority over the County, the Department of the Interior or the County Commissioners and the people, could always be challenged in court so she felt it should be put in the bill. She also did not think this bill would interfere with anything up north.

Commissioner Carbone

asked Ms. Lane and Commissioner Cox instead of approving this at this moment if he could make some changes that would probably clarify some of the issues that were talked about and hear it at another meeting.

Commissioner Boskovich

said he would support that if they were on board with it.

Commissioner Cox

said she did not have a problem with that.

Commissioner Carbone

made a motion to continue this item to the October 10, 2023, meeting; seconded by Commissioner Boskovich.

Ms. Lane

said she was willing to work with Commissioner Carbone to make it better. Yolanda Magley asked that it be moved to the Pahrump meeting.

Commissioner Strickland

amended her motion to continue this item to October 1 7, 2023; Commissioner Boskovich amended his second; 5 yeas. The Board was in recess until 4:15 p.m. 12. 10:00 a.m. For Possible Action Continued Public Hearing, discussion, and — — deliberation on ETSU-23-10: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation) located at 1261 E. Calvada Blvd., Pahrump, NV. Assessor’s Parcel Number 040-041-40. Nye Holdings, LLC Property Owner. Strata Growth, LLC Applicant. Adam R. Fulton, Esg. Agent. — — Attorney Brian Hardy from Marquis Arbach, presenting on behalf of Strata, said originally this license was held by a company called ACC Enterprises, LLC. In October, 2021, that company was placed in receivership following some internal issues. Strata purchased the assets. Since that time his client had actively tried to work to identify all of the assets they purchased to make sure those assets were protected and to begin to put all of the licenses in its name. Unfortunately, the transition allowed certain things to September 19, 2023 12. 10:00 a.m. For Possible Action Continued Public Hearing, discussion, and — — deliberation on ETSU-23-10: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation) located at 1261 E. Calvada Blvd., Pahrump, NV. Assessor’s Parcel Number 040-041 -40. Nye Holdings, LLC Property Owner. Strata Growth, LLC Applicant. Adam R. Fulton, Esg. Agent-Cont’d. — — lapse inadvertently and one of those things was the special use permit as well as the licenses in Nye County. As to the tax issue, Mr. Hardy said they had been addressing that. They provided the name of the trustee to the County as well as contact information so those taxes could be identified as an asset or a creditor in the receivership estate. Brett Waggoner said Planning had not had any compliance issues other than the SUP.

Commissioner Jabbour

said his main question on this was when they took over in August, 2022, and their license was issued in September, 2022, if they were told it was prorated and they would have to come up to date as of June 30, 2023.

Mr. Waggoner

stated that did not happen.

Commissioner Boskovich

said he had received complaints from neighbors about the smell. He thought the last time he checked it was still ongoing.

Mr. Waggoner

said it had improved, but it certainly was not odor free. The biggest issue they had was when things were in bloom. He had observed they put in different filtration systems with something similar to Febreeze that was supposed to dampen the odor, and they had ground mounted filters also. Efforts were definitely being made, but there was a long way to go.

Commissioner Cox

said she had not been smelling it out so far now.

Commissioner Carbone

said a lot of money had been spent on equipment to reduce the smell and there would always be a smell when it was in full bloom. One thing that concerned him was the County missed about 55 days that the company was producing something without a County license because there was no SUP. He hoped that situation did not occur again.

Commissioner Jabbour

asked if the security and transportation plans required as a condition of approval had been taken care of, to which Mr. Waggoner responded yes.

Commissioner Jabbour

opened the public hearing. Pat Minshall expressed her concerns with flooding the market as she felt the County would lose a lot of money due to over-production. September 19, 2023 12. 10:00 am. For Possible Action — — Continued Public Hearing, discussion, and deliberation on ETSU-23-1 0-Cont’d. Maryan Hollis thought the license had been purchased, but she now heard it was 50 days behind. She mentioned the recent appearance of a gentleman who owned a bar who was also behind in his license, which was resolved. She asked the Board to think about what they said during the bar license situation and apply it here. Ammie Nelson said the location was pretty close to a school and she hoped someone would keep an eye on this organization because of that. Carolene Logue said when she came to the community and moved into Artesia there were cattle grazing on the other side of the development. There were also watermelon and other crops being grown. That was not happening now and she wondered if cannabis cultivation was now becoming the main crop. Herman Lewis thought the focus should be on the honorable, ethical, and professional behavior of the principal owners.

Commissioner Jabbour

closed the public hearing.

Commissioner Strickland

said this was a pre-existing SUP that had been around since the very first time marijuana was done in Nye County. They had met their timeline, but they did not really have a business to keep the SUP going. They also had to wait until they received State approval.

Commissioner Carbone

made a motion to approve ETSU-23-10; seconded by

Commissioner Carbone

confirmed with Mr. Hardy that the applicant was okay with each of the special conditions.

Commissioner Carbone

made a motion to approve cannabis license CBL-23-32; seconded by Commissioner Strickland; 4 yeas. Commissioner Boskovich voted nay. TIMED ITEMS 13. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation on ETSU-23-12: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation) located at 9680 S. Oakridge Avenue, Pahrump, NV. Assessor’s Parcel Number 044-851-30. Fortress Oakridge, LLC — Property Owner. 46 & 2 NV, LLC Applicant. Prescott Jones, Esg. Agent. — — Prescott Jones, counsel for Fortress Oakridge, LLC, explained due to a miscalculation on their end they missed the filing date for the cannabis business license by a day. He reached out to Brett Waggoner and had fairly frequent communication since then. Mr. Jones was confident his client would easily meet all future deadlines in this regard. He also advised they were up to date on all of the taxes.

Commissioner Jabbour

asked if the applicant was compliant with all conditions, to which

Commissioner Jabbour

opened the public hearing. Diane Musial said she was unhappy about the request to have this license renewed as she believed it had not followed all of the direction given. She noted the facility was surrounded by residential zoning. She and her neighbors had complained because when the place was in operation there was a lot of traffic and speeding vehicles. The situation was so bad that none of them could spend time outside. Mark Clayton stated he was quite disgusted with the smell that came out of the facility. It had gotten so bad that people could not go on their porches. He invited the Commissioners to come over and spend the weekend with him and see if they wanted to have an outside barbecue. He felt the people running the facility were not doing what they were supposed to be doing, and it should not be in a residential area. He asked the Board not to vote this through as he wanted to sell his property now. September 19, 2023 13. 10:00 a.m. For Possible Action — — Public Hearing, discussion, and deliberation on ETSU-23-12-Cont’d. Doug Ruefer said he lived in the same area. He said the smell in the area had driven people away and asked the Board to decline the SUP. Ammie Nelson said if the business owners were not going to do things to make it at least bearable for the people who lived around it then something else had to be done. She hoped the Commissioners would come up with some kind of a remedy for this particular problem. Victoria Poulsen said she also had a problem with the odor and that it should not be near a high school.

Commissioner Jabbour

closed the public hearing.

Commissioner Carbone

agreed that the odor was horrible and said he did not know if the Planning Director was getting complaints. He told Mr. Jones the applicant needed to get the odors down. If that had not changed within the next six months when an evaluation was done, there may be another agenda item to revoke the license.

Commissioner Jabbour

asked if the applicant was compliant with the mandatory conditions, to which Mr. Waggoner responded yes.

Commissioner Jabbour

said they had heard from the neighbors before. He wondered why the odor had not been addressed and mitigated prior to Mr. Jones coming before the Board. He asked Brian Kunzi if the Board could approve the SUP but not the address.

Mr. Kunzi

said the Board could not bifurcate.

Commissioner Carbone

said that was why he mentioned doing an evaluation in six months.

Commissioner Strickland

asked if there was any production.

Mr. Waggoner

said yes. He also explained these were greenhouses rather than an actual building and he would find it almost impossible to control odors out of greenhouses.

Commissioner Jabbour

asked Mr. Jones if his client would entertain the idea of building a facility for that reason.

Mr. Jones

said he never had those conversations with his client. They just had the first sales in July, 2023, and only a couple of harvests since then. In 2021, Mr. Peters told the Board he would go above and beyond the regulations to mitigate the smell by using September 19, 2023 13. 10:00 a.m. For Possible Action — — Public Hearing, discussion, and deliberation on ETSU-23-12-Cont’d. two ventilation systems and he had done that. He also used the water vapor misting system. Additionally, Mr. Peters had volunteered to give out his personal phone number for people to call him, but Mr. Jones did not think anyone had called and the general manager was not aware of any phone calls either. Mr. Jones was troubled by the concerns he heard today and said Mr. Peters would want to work with the community to get rid of the concerns.

Commissioner Cox

suggested they consider building a metal building in place of the plastic building. She did not know how long that plastic held up in the heat and it could already be deteriorated to the point that even more was escaping now than there was the last time Mr. Jones was in front of the Board.

Mr. Jones

said he was not aware of that issue before and he would communicate that to the facility. He would also explore the idea of a metal building.

Commissioner Strickland

noted the fireworks companies had a sunset they had to build a facility by.

Mr. Waggoner

said he was going to suggest adding that condition.

Commissioner Carbone

stated in the next three years the operation needed to move into a brick and mortar facility or a steel building.

Mr. Waggoner

advised the fireworks companies were given three years to be operational in the building.

Commissioner Cox

thought three years was pretty long for people to be bothered by it.

Mr. Waggoner

explained there would be a year’s worth of time in engineering and other things before they were even ready to submit plans.

Mr. Jones

invited the Planning Department, the Board, and anyone else to view the property today in its operational state before requesting his client undertake a rather significant cost in purchasing and erecting a steel building or other type of building.

Commissioner Strickland

suggested granting a three month SUP during which the Commissioners and the public could take tours so the Commissioners could see what the public was saying.

Commissioner Jabbour

asked if the SUP would be put on hold before these tours were conducted because according to the counselor they were already in operation with their first harvest and sales two months ago. September 19, 2023 13. 10:00 a.m. For Possible Action — — Public Hearing, discussion, and deliberation on ETSU-23-12-Cont’d.

Commissioner Strickland

asked if they needed an SUP.

Mr. Waggoner

explained the State required them to have their jurisdictional license and it was a condition of their State license to make sure they did not lose them.

Commissioner Cox

did not think the tour would change anyone’s mind anyway.

Commissioner Strickland

stated if it went into the homes than there needed to be a sunset clause.

Commissioner Carbone

suggested giving them so much time and then the permit would go away.

Mr. Waggoner

reminded the Board of the appeal process through district court.

Commissioner Carbone

made a motion to approve SUP-23-12 with a three-month time limit for evaluation of the issues that were brought up during this meeting regarding the smell; seconded by Commissioner Strickland.

Mr. Waggoner

said the SUP could become void after three months.

Commissioner Carbone

said the motion would allow them three months to remedy the issue and if not done by then the SUP was gone.

Mr. Waggoner

explained the license had to be granted for an SUP to stay in place. The license could be a temporary approval with an evaluation and if it was not addressed that would go away as would the SUP. Brian Kunzi suggested tabling this item to later in the meeting so he could work with Mr. Jones to come up with some language that he thought would work.

Commissioner Jabbour

did not think three months was enough time for them.

Mr. Kunzi

thought six months was more reasonable.

Commissioner Carbone

rescinded his motion; Commissioner Strickland rescinded her second. This item was tabled until later in the meeting. September 19, 2023 14. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation on ZCMP-23-1 1: An application for a Conforming Zone Change of approximately 0.927 acres net (40,380 square feet net) (1.04 acres gross) from Neighborhood Commercial (NC) to Rural Estates (RE-I) located at 961 W. Irene Street, Pahrump, NV. Assessor’s Parcel Number 035-161-42. J L Investments, Inc. Property Owner. Civilwise Services Inc. ApplicantlAgent. — -

Commissioner Jabbour

disclosed he had property on West Irene Street, but he had no pecuniary interest in this item and would participate. Brett Waggoner could not remember when this property was changed from R-1 to neighborhood commercial because they had planned a development on it. The property owners wished to now change it back to residential so they could build a home. Bill 000kston from Civilwise Services said he was surprised at the special condition expiring in three years if they did not build, but would agree to that.

Commissioner Jabbour

opened and closed the public hearing.

Commissioner Strickland

made a motion to approve ZCMP-23-1 1; seconded by

Commissioner Carbone

; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 17. For Possible Action Presentation, discussion and deliberation to: 1) Approve, amend and approve, or reject the request from CourseCo to continue managing the Lakeview Executive Golf Course for an additional five-year term; 2) Execute the agreement; and 3) Fund from 25521 Lakeview Golf Course Fund. Aaron Hensley, Senior Operations Manager with CourseCo, said the term of the original agreement from 2018 was an initial five years with a five-year option to extend upon mutual agreement of the parties. They were before the Board today to express their interest to exercise that option. Mr. Hensley discussed CourseCo’s history, what they had been able to do to the golf course in the last five years, and what they had planned for the future.

Commissioner Cox

asked about the sign. Joe Opatik from CourseCo said they had some discussions about a digital sign, which he thought would enhance the property. They did get some bids and they could give a presentation or he could give it to the town office.

Mr. Hensley

said they decided to table that until this process was done. George Can, a member of the golf course committee, said they would meet monthly. He said the improvements CourseCo had made over the last five years had been September 19, 2023 17. For Possible Action Presentation, discussion and deliberation to: 1) Approve, amend and approve, or reject the request from CourseCo to continue managing the Lakeview Executive Golf Course for an additional five-year term; 2) Execute the agreement; and 3) Fund from 25521 Lakeview Golf Course Fund Cont’d. extremely dramatic and it was getting better every day. Mr. Can would like CourseCo to continue managing the golf course. Dave Harris stated his support of CourseCo. Tim Bohannon said he still saw some red projections and would like to see more tourism feedback. Priscilla Lane wondered if a mini-golf course could be built.

Commissioner Strickland

made a motion to approve the contract with CourseCo to continue the managing of Lakeview Executive Golf Course for an additional five years, execute the agreement, and fund from 25521; seconded by Commissioner Carbone; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS FACILITIES 24. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2023-05 Provision and Setting of Portable Restrooms; 2) Award Bid No. 2023-05 Provision and Setting of Portable Restrooms to GDS Enterprises in the amount of $144,000.00; 3) Approve, amend and approve or reiect the contract with selected bidder; 4) Fund to 25414 Pahrump Fairgrounds Room Tax; or 5) Reject bid and provide direction to staff on how to proceed with the proiect.

Commissioner Strickland

disclosed Strickland Construction drilled wells for GDS and set pumps, but she had no pecuniary interest in this item.

Commissioner Jabbour

said he knew Mr. Schulte and the company as he had worked for the County in the past, but he had no pecuniary interest in this item and would participate. Gerald Schulte explained his proposal was for self-contained units which would be ideal for the fairgrounds as they did not require a special foundation. If the County purchased them, once it provided the asphalt path he would deliver and set them down.

Commissioner Cox

asked if they would be in a permanent place and if they would have to be strapped down. September 19, 2023 24. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2023-05 Provision and Setting of Portable Restrooms; 2) Award Bid No. 2023-05 Provision and Setting of Portable Restrooms to GDS Enterprises in the amount of $144,000.00; 3) Approve, amend and approve or reiect the contract with selected bidder; 4) Fund to 25414 Pahrump Fairgrounds Room Tax; or 5) Reject bid and provide direction to staff on how to proceed with the project-Cont’d.

Mr. Schulte

said it would be permanent, but they could be moved to another location. Purchasing and Contracts Administrator Honey Strozzi advised the bid was advertised two separate times in the Las Vegas Review Journal and on the Web site for approximately 22 days each time. There were zero bids received the first time and the second time one bid was received based on the requirements within the solicitation. She stated the bid was considered non-responsive. Staff was asking the Board to reject the bid and give direction to have the County do the work and buy the materials only from the contractor. Tim Sutton thought the problem was with how the bid was structured. Since it was listed as provision and setting of portable restrooms, staff thought it would be a Public Works project, but later it was discovered there was no need for Mr. Schulte’s help to set the units at all.

Mr. Schulte

stated the County supplied the information and he modified it on his proposal. Contracts and Grants Manager Stephani Elliott said the contractor qualification documents and bid bond were missing from the bid proposal. Only a quote for the proposal was received from Mr. Schulte.

Ms. Strozzi

added that also missing were the addendums and the project workforce checklist or apprenticeship paperwork.

Commissioner Jabbour

noted when he and Commissioner Strickland went to view the units, the negotiations between the County Manager and Mr. Schulte was to purchase the units only. It had nothing to do with the set up. Mr. Schulte agreed to deliver the units to wherever the County determined. He said this item was on the agenda for the Board to reject the bid because the original bid had to do with set up.

Mr. Schulte

questioned the need for a bid bond as he owned the units. He said this was a simple purchase at a great price.

Ms. Elliott

noted the title of the bid was Provision and Setting of Prefabbed Portable Restrooms. Section 2.11.1 on page 21 of the back-up stated “will agree to place at location provided by Nye County.” There was no specific wording in the description of the work that he would be setting. It was part of the title. As far as the bid September 19, 2023 24. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2023-05 Provision and Setting of Portable Restrooms; 2) Award Bid No. 2023-05 Provision and Setting of Portable Restrooms to GDS Enterprises in the amount of $144,000.00; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund to 25414 Pahrump Fairgrounds Room Tax; or 5) Reject bid and provide direction to staff on how to proceed with the project-Cont’d. requirements, Ms. Elliott stated those were not met. If the Board rejected the bid staff could be directed to move forward without further solicitation and then staff may be able to continue negotiations or obtain additional quotes.

Commissioner Strickland

asked if the County could just purchase it straight out.

Ms. Elliott

said the amount was still over $100,000.00 which required itto go out to bid, which had been done twice.

Commissioner Cox

thought this should be no different than buying vehicles.

Ms. Elliott

explained those were usually purchased through a cooperative agreement by passing the bid process.

Ms. Strozzi

restated her recommendation that the Board give direction to staff to do the work themselves and buy the materials from the contractor.

Ms. Elliott

reminded the Board of what was done for the water well at the Pahrump fairgrounds. That went out to bid a couple of times, the contract was let, and now Public Works was taking care of that contract. It was also very similar to the emergency generators that went out to bid twice with no responses received. Helen Bae expressed her concern with not having a solid cost for the project. The Board took a brief recess.

Mr. Sutton

advised he had confirmed that there was a statute that allowed the County, after two non-responsive bids, to let the contract without further bid or procurement process. The recommendation was as stated by Ms. Strozzi to reject this bid for being non-responsive and then to direct staff to do a direct purchase with Mr. Schulte at $140,400.00.

Commissioner Strickland

made a motion to reject this bid for being non-responsive and direct staff to do a direct purchase with Mr. Schulte with the correction of the purchase price to $144,600.00; seconded by Commissioner Carbone. Maryan Hollis said there was $200,000.00 allocated for this purchase. She wondered if there would be enough money and how the County knew that there would be enough September 19, 2023 24. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2023-05 Provision and Setting of Portable Restrooms; 2) Award Bid No. 2023-05 Provision and Setting of Portable Restrooms to GDS Enterprises in the amount of $144,000.00; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund to 25414 Pahrump Fairgrounds Room Tax; or 5) Reject bid and provide direction to staff on how to proceed with the project-Cont’d. money for the electrical hook-up, the sewer hook-up, and the placement of the pads. She also wondered if anyone knew where the units were going and if they would be locked when not in use.

Commissioner Strickland

said the units were self-contained with a door similar to a garage door which was brought done when not in use. They were projected to go the fairgrounds and set on the pavement there.

Commissioner Boskovich

made a motion to approve items 19.1-19.4; seconded by

Commissioner Strickland

; 5 yeas. 19.2. For Possible Action — Approval of meeting minutes from the joint meeting on June 27, 2023.

Commissioner Boskovich

made a motion to approve items 19.1-1 9.4; seconded by

Commissioner Strickland

; 5 yeas. September 19, 2023 19.3. For Possible Action Approval to: 1) Accept the Fiscal Year 2022 Agreement to use the Affordable Housing Trust Funds in the amount of $15,000.00 from Nevada Housing Division for Affordable Housing Trust Funds Program to offer rentallutilitylsecurity deposit assistance to eligible clients at risk of being homeless. There is no County match required; 2) Execute the Agreement; and 3) Fund $15,000.00 to 10340 Grants.

Commissioner Boskovich

made a motion to approve items 19.1-19.4; seconded by

Commissioner Strickland

; 5 yeas. 19.4. For Possible Action Approval to: 1) Accept the Department of Justice, Office of Justice Programs grant award in the amount of $9,810.00 to provide funding for Nve County Sheriff’s Office State Criminal Alien Assistance Program. There is no match required; 2) Allow a one-time exception for the Comptroller or a designee to electronically accept the grant award; and 3) Fund $9,810.00 to 10340 Grants.19.1-19.4

Commissioner Boskovich

made a motion to approve items 19.1-1 9.4; seconded by

Commissioner Strickland

; 5 yeas. CLERK 20. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a Participating Addendum to Contract No. CTR058805 between DMT Solutions Global Corporation dba BlueCrest and Arizona Department of Administration, State Procurement Office for the utilization of their Master Agreement with NASPO ValuePoint for mailing equipment, supplies and maintenance; 2) Approve, amend and approve, or reject the Equipment, Maintenance, Software and Professional Services Order from DMT Solutions Global Corporation dba BlueCrest in the amount of $445,238.00 for the purpose of purchasing the BlueCrest Criterion Elevate Sorter, Selective Inline Opener with Chip Removal System and Privacy Tab Removal and Automated Signature Verification System; 3) Execute both agreements; and 4) Fund to 10340 Grants. Mark Kampf asked the Board for approval to purchase this equipment and advised full reimbursement had already been approved by the Secretary of State. He provided a brief history of the mail ballots in the County noting while the volume had increased dramatically there had been no increase in staff. That was supplemented with overtime and external balancing board workers at a cost to the County with no State reimbursement. Right now the ballots were sorted manually by precinct. This would sort 18,000 in an hour so it would take care of pretty much the whole election in a very short period of time. Also right now staff had to open each envelope manually. This sorter would mill the bottom of the envelope and prevent ballots from being destroyed and having to be manually duplicated. It would also determine if there were two ballots in an envelope and separate those for processing. Mr. Kampf said the problem was really signature matching as it was the primary control over the validity of the mail-in September 19, 2023 20. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a Participating Addendum to Contract No. CTR058805 between DMT Solutions Global Corporation dba BlueCrest and Arizona Department of Administration, State Procurement Office for the utilization of their Master Agreement with NASPO ValuePoint for mailing equipment, supplies and maintenance; 2) Approve, amend and approve, or reiect the Equipment, Maintenance, Software and Professional Services Order from DMT Solutions Global Corporation dba BlueCrest in the amount of $445,238.00 for the purpose of purchasing the BlueCrest Criterion Elevate Sorter, Selective Inline Opener with Chip Removal System and Privacy Tab Removal and Automated Signature Verification System; 3) Execute both agreements; and 4) Fund to 10340 Grants Cont’d. ballot. The current signature verification process was performed by Clerk staff. In the 2022 general election there were 14,215 envelope signatures that were verified manually, and he expected over 17,000 for the 2024 general election. With five staff for the general coming up that would be 296,290 signatures eight hours a day for 12 days, which equated to one ballot every minute and forty seconds. Doing it that way could cause burnout and errors. The solution was to use automated signature verification tested through a manual audit process. Mr. Kampf said he would never ever rely totally on the automated signature verification software. If anything was in doubt, it would be rejected and sent through the signature cure process just Hke it was done now. The first year automated signature verification would be at no charge and then $14,000.00 per election afterwards. The software license and maintenance years one and two would be at no charge and after two years it would be $25,000.00 annually. Mr. Kampf said he had already implemented a plan to save $25,000.00 that was spent on the warranty and license fees for the touèh screen voting machines that were not being used and was prepared to cancel a portion of that contract. Tim Bohannon said he liked the process described from an internal control perspective and thought the recommendations being made were sound.

Commissioner Carbone

made a motion to approve contract CTR058805 for $445,238.00, execute the agreement, and fund from 10340 Grants; seconded by

Commissioner Strickland

asked that the motion be amended to approve the contract and approve the equipment, maintenance, and software.

Commissioner Carbone

amended his motion to approve the contract, equipment, maintenance, and software, execute the agreement, and fund from 10340 Grants;

Commissioner Cox

amended her second; 5 yeas. September 19, 2023 TIMED ITEMS 13. 10:00 am. For Possible Action Public Hearing, discussion, and — — deliberation on ETSU-23-12: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation) located at 9680 S. Oakridge Avenue, Pahrump, NV. Assessor’s Parcel Number 044-851-30. Fortress Oakridge, LLC — Property Owner. 46 & 2 NV, LLC Applicant. Prescott Jones, Esg. Agent- — — Reopened. PLANNING/BUILDINGICODE COMPLIANCE

Commissioner Carbone

made a motion to approve item 13 with an amendment of adding a condition to number 12 that the air quality measures shall be re-evaluated by the Board of County Commissioners on or before March 31, 2024, and if the air quality conditions were not acceptable the special use permit may be terminated or conditions modified as directed by the Board County Commissioners; seconded by Commissioner Strickland; 4 yeas. Commissioner Boskovich voted nay.

Commissioner Strickland

made a motion to approve CBDL-23-33; seconded by

Commissioner Carbone

; 4 yeas. Commissioner Boskovich voted nay. September 19, 2023 TIMED ITEMS 15. 10:00 a.m. — For Possible Action — Public Hearing — 15.1. Discussion, and deliberation on ZCMP-23-16: An application for a Zone Change to change three (3) parcels totaling 0.46 acres net (20,081 square feet net) from Neighborhood Commercial (NC) to Village Residential (VR-8) located at 841, 861 and 871 E. Valiant Avenue, Pahrump, NV. Assessor’s Parcel Numbers 038-201-01, 02, and 03. Watson Family Trust Property Owner. Nye County Planning Department Applicant. 15.2. Discussion, and deliberation on ZCMP-23-17: An application for a Minor Master Plan Amendment of approximately 0.46 acres net (20,081 square feet net) from Low Density Residential (LDR) to High Density Residential (HDR) located at 841, 861 and 871 E. Valiant Avenue, Pahrump, NV. Assessor’s Parcel Numbers 038-201-01, 02, and 03. Watson Family Trust Property Owner. Nye County Planning Department Applicant. Brett Waggoner said this item was heard by the Planning Commission on August 9, 2023, and was voted unanimously to recommend approval to this Board. He explained these three parcels used to be zoned R-8. A zone change was done on them in 2014 to change them to neighborhood commercial. The property owner now wished to develop them into residential, which matched the rest of the subdivision. Mr. Waggoner pointed out the Planning Department sponsored these two applications because it was actually master planned incorrectly for that entire area. There would be another item coming forward in the next couple of months to fix that error. Bill Cookston from CivilWise confirmed the intent of the applicant was to build homes on these lots.

Commissioner Carbone

made a motion to approve ZCMP-23-16 for item 15.1 and ZCMP-23-1 7 for item 15.2; seconded by Commissioner Strickland; 5 yeas. 16. 10:00 am. For Possible Action Public Hearing, discussion, and — — deliberation on ZCMP-23-21: an application for a conforming Zone Change from Community Facilities (CF) to Calvada Commercial (CC) on two parcels located at 1595 E. Calvada Blvd., and 1683 E. Calvada Blvd., Pahrump, NV. Assessor’s Parcel Numbers 042-051 -38 and 042-051 -37 County of Nye, Property OwnerlApplicant. Brett Waggoner said this was a request for a zone change and was part of a land swap being done with the Ronald and Charlotte Floyd Trust for some other property that the County was interested in. The zone change request was being done to perfect the September 19, 2023 16. 10:00 a.m. For Possible Action — — Public Hearing, discussion, and deliberation on ZCMP-23-21-Cont’d. terms of the land swap. The item was heard by the RPC on August 30, 2023, and was approved unanimously and recommended for approval to this Board.

Commissioner Jabbour

opened and closed the public hearing.

Commissioner Strickland

made a motion to approve ZCMP-23-21; seconded by

Commissioner Carbone

; 5 yeas. COUNTY MANAGER 22. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-26: A Resolution Amending the Nye County Board of County Commissioners Rules of Procedure. Tim Sutton advised the typographical error noticed by Commissioner Strickland had been corrected.

Commissioner Carbone

made a motion to adopt Nye County Resolution No. 2023-26; seconded by Commissioner Strickland; 5 yeas. 23. For Possible Action Discussion and deliberation to appoint two members to the Nye County 9-1-1 Advisory Committee due to expiring terms from the following list of applicants: Anastacia Wilkin, and Joseph Marshall.

Commissioner Strickland

said she had pointed out to the County Manager that there was no application for Joseph Marshall. Tim Sutton said that was researched and it was determined he was the Sheriff’s designee so he did not have to submit an application. Both Commissioners Carbone and Jabbour questioned whether Anastacia Wilkin had been the Chief Deputy Treasurer since 2020. Mark Kampf said she was in justice court prior to that and he believed that was the extent of her tenure with the County. She had only been Chief Deputy Treasurer for the last couple of months.

Mr. Sutton

said it sounded like the Board had concerns with both of the applicants. There was no urgency so this could be continued and he could get the required documentation.

Mr. Kampf

also clarified the dates this was effective. The agenda item said it expired in August, 2025, and he believed it would be January, 2025. September 19, 2023 23. For Possible Action Discussion and deliberation to appoint two members to the Nye County 9-1-1 Advisory Committee due to expiring terms from the following list of applicants: Anastacia Wilkin, and Joseph Marshall-Cont’d.

Commissioner Strickland

made a motion to continue this item; seconded by

Commissioner Carbone

; 5 yeas. FINANCE 25. For Possible Action Discussion and deliberation to: 1) Accept the State of Nevada Department of Conservation and Natural Resources, Outdoor Recreation Infrastructure grant award in the amount of $74,765.00 to provide for the revitalization of the Carvers Arena and Recreation Area. There is a local match of $15,200.00 required; and 2) Fund $74,765.00 to 10340 Grants. Grants Administrator Jessica McCutcheon said the grants team had some questions on this item. One question was where the match would come from. Another was the labor that would be used for the purpose of this project and the continuation. The last one was about insurance. She had been in contact with the Risk Manager to find what that cost would be and who would fund that initial and ongoing. Jacob Skinner asked if there would be a full-time risk/safety officer and said the insurance that he spoke with was not a fan of the skeet shooting. Ms. McCutcheon was also concerned about the firearms that would be there and the insurance that would be needed to cover that. Tim Bohannon, secretary of the Nye County Parks and Recreation Advisory Board, said Holly Merrick, the chair, was on the phone.

Ms. Merrick

said the Carvers Arena and Recreation Area had been maintained by residents, not the County, and the residents paid the power bill. They would like this property to become an active Nye County fairgrounds equal in every way to other communities. There were a variety of interested groups such as the trap club and the shooting club. There was an existing area there, which was very small with one trap house. Ms. Merrick said this grant was to expand that so events could be hosted. Their next project area would be the arena so they could host equine events. David Harris remembered during the 1990s that the trap shoot had leagues based on the miners’ schedule and held events occasionally on the weekends. It was kind of a social area for those people then. Tim Bohannon stated there would be about 400 hours of like and kind match with people from the community. They also had a good partner up there in Kinross and they expected them to get involved with the project. Mr. Bohannon said he did not have a clear answer on the insurance, but no one was watching over the facilities. September 19, 2023 25. For Possible Action Discussion and deliberation to: 1) Accept the State of Nevada Department of Conservation and Natural Resources, Outdoor Recreation Infrastructure grant award in the amount of $74,765.00 to provide for the revitalization of the Carvers Arena and Recreation Area. There is a local match of $15,200.00 required; and 2) Fund $74,765.00 to 10340 Grants-Cont’d.

Commissioner Strickland

suggested a trap club be formed which would provide range officers that were qualified. The trap club would buy the insurance and name Nye County as additional insured. That was what was done in other areas. Eric Merritt said he was a project supervisor for Kinross Round Mountain Gold. He handled and managed multiple $1 million projects for the mine site. He had no doubt they could meet the requirements very easily with donations from the mine and the local community. Mr. Merritt thought this project would really help support the local community and bring people together. As far as the range officer, he said that was a real easy certification to get and he would most likely go get that as well as one or two of the other regulars.

Commissioner Carbone

pointed out that Mr. Bohannon obviously thought there would be a ot of folks helping. Since there were a lot of projects where nobody showed up he said he would like to have something that documented that these people would actually come. He also hoped the grants covered what the staff would be doing because they were not doing it for free, and the Buildings and Grounds Manager would need to know what was going on as well.

Commissioner Jabbour

asked Ms. McCutcheon if the advisory board members had answered some of her concerns.

Ms. McCutcheon

said absolutely yes. She said she had requested that her grants team manage this award financially. They would do the reporting and take care of invoices to make sure reporting was done correctly as it was under Nye County and used County identifiers. Brian Kunzi asked if the grant permitted the match to be in-kind.

Mr. Kunzi

suggested signage that people used it at their own risk. Stephani Elliott advised the agreement indicated that the match would be provided in the form of donated cash and volunteer hours.

Mr. Bohannon

said there was a board member who paid the electrical, which needed to be resolved.

Commissioner Strickland

told staff to take care of that. September 19, 2023 25. For Possible Action Discussion and deliberation to: 1) Accept the State of Nevada Department of Conservation and Natural Resources, Outdoor Recreation Infrastructure grant award in the amount of $74,765.00 to provide for the revitalization of the Carvers Arena and Recreation Area. There is a local match of $15,200.00 required; and 2) Fund $74,765.00 to 10340 Grants-Cont’d. Carolene Logue asked if the Nye County Parks and Recreation Committee replaced the Pahrump Parks and Recreation Committee when they were disbanded and if there would be funds for future use by the residents of Pahrump as well.

Commissioner Jabbour

explained the Nye County Parks and Recreation Committee submitted an application for a grant. They were awarded the grant and were now basically turning it back over to the grants team to administer. This committee was a totally separate committee from the Pahrump Parks and Recreation Committee.

Commissioner Carbone

made a motion to accept the State of Nevada Department of Conservation and Natural Resources grant of $74,765.00 with a $1 5,200.00 match of in-kind or cash and fund itto Grants 10340; seconded by Commissioner Strickland; 5 yeas. PUBLIC PETITIONER

Ms. Lane

added Ms. Buenis had already spent $9,000.00.

Commissioner Cox

asked if Ms. Lane was looking for a lease on this property. September 19, 2023 28. For Possible Action Discussion and deliberation to consider using county owned property located at 3141 N. Linda Street, Pahrump, NV, Assessor’s Parcel Number 027-371-09 as a sanctuary to permanently house wild horses and burros adopted from the Bureau of Land Management-Cont’d.

Ms. Lane

said yes, maybe $1.00 a year as she had heard that was done before.

Commissioner Jabbour

pointed out in order for Ms. Lane or anybody to put this together a 501(c)3 would have to be formed first.

Ms. Lane

said that was the next thing they were working on.

Commissioner Jabbour

suggested Ms. Lane put a business plan together. He also suggested she speak with Megan Labadie from Natural Resources as he believed she had been in communication with BLM to ask them what the possibilities of a sanctuary, an adoption center, and a viewing area would be. Brian Kunzi stated the County could not do anything unless they got formalized as either some type of a corporation or a 501 (c)3 non-profit. The other issue was the insurance requirements and the need to seriously look at those.

Commissioner Boskovich

asked Ms. Lane if any of her folks could adopt the horses in the interim, to which Ms. Lane responded yes. Public Works Director Tom Boiling said the parcel Ms. Lane had chosen was designated for a retention basin for floodwaters. If a horse sanctuary was put there even in the interim then the County would have to spend a whole lot of money or get a Brownfields grant to remediate the top layer of the soil to get rid of the horse urine and feces because nobody wanted floodwaters to go in there, get inundated with that, and then flow down the road. Mr. Boiling was all for what she was proposing, but he thought another piece of land should be looked for. Lou Baker stated his support of this project and thought it would be great for tourism. He also said he was willing to help raise money. Ann Swanke said she created the Go Fund Me account which specifically said that they needed assistance with adoption fees, land, shade structure, feed, and transportation fees for the horses and the burros. She never once designated any funds going toward any specific organization, especially an organization that did not have any kind of registered license or non-profit status the entire time. The money was sitting untouched and would be used for the items listed. Tim Bohannon said this needed a bit more work, but there was definitely a vision. Rhonda Seymour said she discovered the Friends of the Wild Horses and Burros group after the last round-up in July, 2023. She was asked to become their vice president and September 19, 2023 28. For Possible Action Discussion and deliberation to consider using county owned property located at 3141 N. Linda Street, Pahrump, NV, Assessor’s Parcel Number 027-371-09 as a sanctuary to permanently house wild horses and burros adopted from the Bureau of Land Management-Cont’d. assumed when she first started they were a legitimate Nevada corporation, but she learned they were not. She had even warned them that soliciting donations violated NRS. Ms. Seymour’s concern was this required a lot of experience. Yolanda Magley felt they had enough volunteers and would get documentation that would help them do this. Alma Quinata said her family owned a tourist rest stop property on Bell Vista. She thought it would be really nice to have a little sanctuary to get donkeys to their little store. Kelly Green stated she was absolutely in support of anything the Board could do to help the Friends of the Wild Horses and Burros. She also advised that anybody who donated to the Go Fund Me account that did not like the direction that account was taking could request a refund as she did. She would now donate that money directly to the Friends of the Wild Horses and Burros. Sabrina Funk, the ranch manager at Shiloh Ranch as well as a board member of the Liberty Project, said they were a 501(c)3 and had been bringing mustangs and veterans together for three years. She said they would be willing to help in any way they could. Ammie Nelson suggested Ms. Lane and her group talk to the busing companies that brought people to the casinos in the community to bring those people to wherever the sanctuary ended up. She also mentioned Ash Meadows and the added benefit the horses would be there.

Commissioner Strickland

said she would like to take no action at this time.

Commissioner Carbone

mentioned the property would also need to be fenced and that was expensive.

Commissioner Strickland

said Prairie Fire sold out for their grand opening on Saturday.

Commissioner Cox

advised a person confronted a baseball team who went to play on their usual night at the Ian Deutch Park. He said he had a letter from the County Commissioners stating they had given him permission for his traveling team to use all of the fields from 7:30 p.m. to 8:30 p.m. Monday through Friday. She received a picture of the letter and it looked like a page out of the Code book with no one’s name on it. She asked him who gave that to him, and he said Courtney did. Commissioner Cox said Parks and Recreation sent a new schedule and he was overrunning the fields.

Commissioner Strickland

said there were field allocations and if they had gotten the field allocation nobody would have been left out. She said this was a terrible mistake which needed to be taken care of and she suggested Commissioner Cox give it to staff.

Commissioner Jabbour

directed Tim Sutton to look into this with Jimmy Martinez tomorrow.

Commissioner Jabbour

adjourned the meeting. APPROVED this d av ATTEST: Ø/Det