October 10, 2023

Commissioner Boskovich

asked for an agenda item to repair or replace the fence that Priscilla Lane spoke of. He also wanted to work with Dr. Waters to figure out a plaque system to recognize people throughout the County.

Commissioner Strickland

shared the awards she received at her latest shooting tournament.

Commissioner Jabbour

said he attended the grand opening of the Beatty Senior Thrift Store. Mark Kampf introduced Chief Deputy Clerk Rachel Aldana and said the Commissioners would see much more of her as she would be transitioning more into the elections and other Clerk functions while still being available for Clerk of Court functions. Contracts and Grants Administrator Stephani Elliott reminded everyone of the Local Assistance and Tribal Consistency Fund workshop on Tuesday, October 24, 2023, at 10:00 a.m. Samantha Tackett said the County had veteran banners being hung and flown at the Calvada Eye in Pahrump and there were a couple up at the courthouse in Tonopah. The applications were to either have someone continue having a banner flown or to October 10, 2023 3. CommissionerlManager Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. have new people apply for banners and get those up. The application deadline was December 1, 2023, and those could be obtained through the Web site or at either of the Admin locations. The completed applications should be dropped off at either one of the Admin locations as well.

Assistant County Manager Dellinger

Dellinger was present via telephone. She advised Andrew Coates submitted his resignation letter on September 13, 2023. Once she received his letter of resignation she advertised for the vacancy and there were applicants. An item would be on the October 1 7, 2023, agenda to award that contract. The effective date of that would depend on how the Board voted today. October 10, 2023 15. For Possible Action Discussion and deliberation to: 1) Modify Section 9 Termination of the contract for Public Defender Services between Nye County and Andrew Coates, Esg. by reducing 90 calendar days to 30 calendar days for revocation after notice to be effective; and 2) Execute the Second Amendment to the contract-Cont’d.

Commissioner Jabbour

asked about the timeline and how long the County would be lacking with the caseload for people needing the public defender and especially those

Mr. Coates

was assigned to.

Mrs. Dellinger

said it would be roughly ten days.

Commissioner Jabbour

asked if the Board moved forward when would Mr. Coates’ last day be.

Mrs. Dellinger

advised Friday, October 13, 2023.

Commissioner Carbone

said to Mr. Coates there were nine people the other day that needed his support and asked where he was.

Mr. Coates

advised he was at the Governor’s Office yesterday. He had informed the court that he was not going to be there and offered to file stipulations to continue. He was informed that would not be necessary and apologized for that misunderstanding.

Commissioner Carbone

asked him if he would still work through October 13, 2023.

Mr. Coates

stated he was very unexpectedly appointed Deputy General Counsel to the Governor’s Office. It was not something he sought out obviously because his contract had been renewed here, he had been renting a house here, his lease was not up until March, 2024, and he expected to stay in Pahrump. He one day just got a call from the Governor’s Office saying they had heard good things about him and wanted him there.

Mr. Coates

said he could talk to the Governor’s Office and do what he needed to do for the remainder of this week if that was what the County preferred. Should the County move forward with terminating his contract, Mr. Coates said whoever got it would have his complete cooperation and communication as they transitioned into the role of public defender.

Commissioner Jabbour

congratulated Mr. Coates on his appointment, but reminded him he was under contract with Nye County. The need for him to be here this week was imperative for the clients assigned to him.

Commissioner Boskovich

said his perspective came from a different angle. Other public defenders were held to their contracts and were made to wait them out. He said the Commissioners needed to figure this out so they knew how to address it when it came up again with someone else in another position or another circumstance. October 10, 2023 15. For Possible Action Discussion and deliberation to: 1) Modify Section 9 Termination of the contract for Public Defender Services between Nye County and Andrew Coates, Esg. by reducing 90 calendar days to 30 calendar days for revocation after notice to be effective; and 2) Execute the Second Amendment to the contract-Cont’d.

Commissioner Boskovich

said he looked at it out of fairness to the clients as well, but he also looked at it out of fairness to the other public defenders within the County system.

Commissioner Strickland

was concerned with the lack of coverage if the Board decided to give the leniency of the 30 days. She asked how soon a new public defender could be put into place.

Mrs. Dellinger

advised she would have an item on the October 17, 2023, agenda to award. Also, justice court was working with the Department of Indigent Defense on reassigning counsel on the cases that were continued as well as the ones that required counsel immediately. All of the applicants were available to start October 1 7, 2023.

Commissioner Jabbour

asked how long it would take to bring a new public defender up to speed.

Mr. Coates

said the applicants he was aware of were knowledgeable and had experience. He did not think it would take that long and he would be available 24/7 to that individual. Herman Lewis thought Mr. Coates should take a course on ethics. The Board should make Mr. Coates wait the 90 days and not allow him to abandon his clients. Tim Bohannon was also concerned about the abandonment of the clients as well as the lack of a back-up plan to ensure coverage. Planning Director Brett Waggoner believed payments were due for this quarter on October 1, 2023, and asked if Mr. Coates had already been paid through the end of the year.

Mrs. Dellinger

advised the check was held. He was not paid the second quarter since he submitted his resignation and this item was up for consideration. She had told Mr. Coates that as well. Helene Williams felt Mr. Coates should be fired immediately to open the door for another candidate to move forward.

Commissioner Jabbour

said he hoped this scenario came up when Mr. Coates met with the Governor’s Office in case he had to fulfill his contract in its entirety. He asked if the Governor’s Office was still willing to bring him on if that was the case. October 10, 2023 15. For Possible Action Discussion and deliberation to: 1) Modify Section 9 Termination of the contract for Public Defender Services between Nye County and Andrew Coates, Esg. by reducing 90 calendar days to 30 calendar days for revocation after notice to be effective; and 2) Execute the Second Amendment to the contract-Cont’d.

Mr. Coates

said the 90-day requirement was raised from the very first phone call, and they would still bring him on if he had to fulfill his contract. This item died for lack of a motion.

Commissioner Jabbour

said since there was no motion the request was denied and Mr. Coates would be required to fulfill his contract. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of Highway 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 provided updates on the activities of the crews, including flood repairs. He also provided detailed updates on the Basin project and Belmont Road.

Commissioner Cox

told Mr. Boiling about the roads around Simkins Park that were starting to come apart. She asked him to put something together that would keep them from deteriorating any worse than what they were right now.

Commissioner Boskovich

asked Mr. Boiling if he had a system when he drove around and saw a pothole versus a crater to address them. He said those were the only complaints he received from residents. He and the residents knew Public Works was doing the best it could to keep up, but some of the potholes were huge.

Commissioner Jabbour

was happy to hear Belmont Road was on the list as it was dangerous. Maryan Hollis said she did not see any plans for the OHV park in the report, which had been planned for five years now. Helene Williams said last Wednesday the private well owners had a meeting at the Pahrump Museum and were informed they had to vacate the building immediately. The museum director was not told this prior to the meeting. Ms. Williams recommended in October 10, 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. the future that the director keep in contact with organizations when roads were closed down. Rick Motis thanked the Road Department and the Commissioners for doing something with Belmont Road because it was in such deplorable condition now that the residents were having severe problems on it and it was just going to get worse until it was fixed.

Mr. Motis

said maintenance on that road needed to be done on a regular basis. Bob Dews said he had observed the way the repairs were being done with the overlay and felt it would be better if that was not done. The aggregates were sticking above the surface, and the road needed to be polished as it had a very uneven surface. Eileen Dews said Belmont Road had been in disrepair for a long time. There had not been any maintenance done to it, and when the crews did come to address the potholes she felt it was not properly done.

Mr. BoIling

stated he did not know anything about people being forced to evacuate the museum so that was definitely something he would look into. As to the Belmont Road, he said it would be made smooth again. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Jabbour

assumed the Chair of the Board of County Commissioners. Mark Kampf was not present at this time. TIMED ITEMS 7. 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 were the June, 2023 and July, 2023, bank reconciliations as of the close of August, 2023, for FY24. She noted the balances were starting to align as Finance worked through closing FY22 and rolling those ending fund balances forward to FY23 and FY24.

Commissioner Carbone

said he was looking for another report regarding the investments. He asked for an update during the week so he knew when it would be seen. October 10, 2023 7. 10:00 am. 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 she was working on that right now. 8. 10:00 a.m. Presentation by DJ Mills with NyE Communities Coalition, 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 and Homeless Programs. (10-minute time limit) D.J. Mills provided an update on their use of the ARPA funds granted to them. FINANCE

Commissioner Carbone

made a motion to approve as written; seconded by

Commissioner Strickland

; 5 yeas. TIMED ITEMS 9. 10:00 a.m. Presentation by Ryan Muccio with NyE Communities Coalition, 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 Program. (10-minute time limit) Ryan Muccio provided an update on their use of the ARPA funds granted to them. He also mentioned a dentist who was the only one who had dedicated his time to the RAM clinics for the last eight years.

Commissioner Jabbour

asked Tim Sutton to send a thank you letter to that dentist. October 10, 2023 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 13. For Possible Action Discussion and deliberation to: 1) Determine that an excess command vehicle, a 2014 Ford Expedition, VIN IFMJUIJ55EEF5I93O from the Pahrump Valley Fire Rescue Service is no longer required for public use; and 2) Approve that it is the best interest to donate the command vehicle to the Town of Amargosa Fire Department for service as an EMS quick response vehicle. Fire Chief Scott Lewis said this was a great opportunity to utilize a vehicle that could no longer serve as a command vehicle but could add the necessary support to the Town of Amargosa as a quick response vehicle for their EMS program. Pat Minshall thanked Chief Lewis. She said he had always been very supportive of Amargosa and this was something they definitely needed.

Commissioner Carbone

made a motion to determine that the 2014 Expedition was to be excessed and approve the command vehicle to go to Amargosa; seconded by

Commissioner Strickland

; 5 yeas. 11. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. TOP 2023-01 Justin Leavitt Memorial Skate Park Concrete; 2) Award Bid TOP 2023-01 Justin Leavitt Memorial Skate Park Concrete to JM Concrete, LLC in the amount of $175,000.00 or Rowley Contracting, Inc. in the amount of $327,000.00; 3) Approve, amend and approve or reiect the contract with selected bidder; 4) Fund $138,766.36 to 10340 Grants and $188,233.64 to 25401 Pahrump Capital; or 5) Reject bids and provide direction to staff on how to proceed with the project. Contracts and Purchasing Administrator Honey Strozzi stated this solicitation was advertised in the papers and on the Web site for a period of 27 days and two bids were received. The lowest bid was considered non-responsive as it was missing several required documents. It only contained a 1% bid bond, had no addend ums, project workforce checklist or apprenticeship paperwork, and no Build America by America acknowledgement. Staff’s recommendation was to reject the lowest bid and award the project to Rowley Construction in the amount of $327,000.00 with $138,766.36 to be funded from the Land and Water Conservation Grants and the remaining contractual obligation of $188,233.64 from Pahrump Capital. Ms. Strozzi said she reached out to both contractors and notified them of the intent and she had not received a response to that.

Commissioner Cox

did not understand why there was such a huge gap between the two bids. She asked what the money would be spent on as far as the park itself. Pahrump Buildings and Grounds Manager Jimmy Martinez said the skate park concrete project was a huge project as there was a large area that needed to be removed. The soil also needed to be removed and recompacted back to 18 inches. Rowling October 10, 2023 11. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. TOP 2023-01 Justin Leavitt Memorial Skate Park Concrete; 2) Award Bid TOP 2023-01 Justin Leavitt Memorial Skate Park Concrete to JM Concrete, LLC in the amount of $175,000.00 or Rowley Contracting, Inc. in the amount of $327,000.00; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund $138,766.36 to 10340 Grants and $188,233.64 to 25401 Pahrump Capital; or 5) Reject bids and provide direction to staff on how to proceed with the project-Cont’d. Construction was out of Las Vegas and would transport their equipment and everything from Las Vegas while the local company did not have that transport cost.

Commissioner Cox

said she would rather see this done locally and have it go back out to bid with maybe better promotion to get the local bidder to do the proper paperwork. She did not think the extra cost of $1 50,000.00 for the Las Vegas company was justified. Stephani Eliott believed part of the disparity, and probably the majority of it, was prevailing wage, which Rowley Construction included in their bid.

Commissioner Cox

felt something was not kosher here and she wanted this to go back out to bid.

Commissioner Jabbour

asked Ms. Strozzi if there were other cost factors involved in the bidding process for the Board to consider besides prevailing wage to get closer to the bid of $327,000.00.

Ms. Strozzi

said she did not have an answer for that, but if that was something that needed to be considered for the Board to make a decision she could figure those out and bring this back.

Commissioner Boskovich

said he would like to reach out to JM Concrete to find out if they could do the project for the bid amount they provided because they were local and it was $130,000.00 less. He was fine waiting on this to get some more answers.

Commissioner Strickland

referred to the comment by Mr. Martinez that he wanted materials excavated out and 18 inches of compacted material put in, which she did not see on either bid. She asked him if he could be more specific.

Mr. Martinez

explained a soil test was done which showed the groundwork underneath was not stable enough to place the new concrete in. That was why it was in the scope to replace the big concrete section on the north side of the skate park.

Commissioner Strickland

was concerned the bid did not go out for what the requirement was. October 10, 2023 11. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. TOP 2023-01 Justin Leavitt Memorial Skate Park Concrete; 2) Award Bid TOP 2023-01 Justin Leavitt Memorial Skate Park Concrete to JM Concrete, LLC in the amount of $175,000.00 or Rowley Contracting, Inc. in the amount of $327,000.00; 3) Approve, amend and approve or reiect the contract with selected bidder; 4) Fund $138,766.36 to 10340 Grants and $188,233.64 to 25401 Pahrump Capital; or 5) Reject bids and provide direction to staff on how to proceed with the project-Cont’d.

Mr. Martinez

said bid item three stated moving soils and packing back to 18 inches. Both contractors were aware of the requirement.

Commissioner Strickland

stated if they were aware they did not place it in the bid, which was her concern. She wanted to continue this item and dive into it with staff.

Ms. Elliott

point out on page 50 it said remove and fill 24 inches of native soil and replace with type 2 compacted to 90%. Page 49 went into the specifics.

Commissioner Strickland

said that was not addressed in any of the bid items. Brian Kunzi said in the content of the bid they were required to move 24 inches of native soil and replace with compacted type 2 and they were supposed to include that in their bid. It did not have to be specifically addressed as they gave a cost of what it would be to do that in bid item three. He also advised the bids could not be rejected and the project rebid exactly as it was. The scope would have to be changed.

Commissioner Strickland

said she wanted to do that because it was her understanding they wanted more taken out than this small area. She would like to go back with staff to be sure the bid was for what was needed.

Commissioner Carbone

agreed with Commissioner Strickland the whole park needed to be looked at and the scope needed to be increased. Everything that could be done had been done to keep the park operating, but the cracks were dangerous for the skaters.

Commissioner Cox

said she would rather put $350,000.00 towards a new skate park instead of having to build a new one in a couple of years.

Commissioner Strickland

stated she could not support this item.

Ms. Elliott

advised the grant from the State was not to build a new skate park. It was to resurface and sandblast the existing one. The sandblasting and lighting had been completed, and this was the last piece to fit the grant scope. Changing the entire scope of the bid package could be looked into, but Ms. Elliott recommended getting the scope of the grant changed prior to going back out to bid if that was the recommendation of the Board. October 10, 2023 11. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. TOP 2023-01 Justin Leavitt Memorial Skate Park Concrete; 2) Award Bid TOP 2023-01 Justin Leavitt Memorial Skate Park Concrete to JM Concrete, LLC in the amount of $175,000.00 or Rowley Contracting, Inc. in the amount of $327,000.00; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund $138,766.36 to 10340 Grants and $188,233.64 to 25401 Pahrump Capital; or 5) Reject bids and provide direction to staff on how to proceed with the project-Cont’d.

Ms. Strozzi

suggested since there was a concern for the project after it was finished maybe a maintenance bond should be included, which she thought would help cover any concerns that may arise afterwards.

Mr. Kunzi

said if the project was to be re-bid, the scope would have to change substantially. Re-bidding it to give locals a chance to bid it could not be the reason. Brett Waggoner said the County applied for a grant with a scope of work, which was what was put out to bid, and got approved for the grant. He thought if the whole entire project changed then that grant would have to be returned and a new application done. He wondered if this project could be done in phases utilizing the grant money so the park could be kept open. Tom Boiling said when the Dahlia intersection project was bid one really low bid was received as well. The bid was awarded to the next higher bidder and the amount of money they spent just on prevailing wage was almost double what the lowest bid was, so that could be one reason why it was lower. He also advised that when pools were built, which was what most skate parks started as, type 2 was not put underneath it. A thickened slab was put in because it was faster, easier, and less labor intensive. Helen Bae said the cost of an expanded scope for this project was beyond the budget. This project was also not in the County’s capital improvement plan and it needed to be if it was a replacement or a significant project. She recommended not re-bidding or putting it out to bid until the County was ready to plan for and have an estimate of what was needed.

Commissioner Carbone

suggested not doing anything with this right now other than to get more information on what the Commissioners asked about and start looking at what a major project was.

Commissioner Strickland

asked if there were any guarantees in the body of the bid on how long the temporary fix would last.

Mr. Martinz

said not on the cracks or repairs, but a guarantee for the replacement could be gotten. October 10, 2023 11. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. TOP 2023-01 Justin Leavitt Memorial Skate Park Concrete; 2) Award Bid TOP 2023-01 Justin Leavitt Memorial Skate Park Concrete to JM Concrete, LLC in the amount of $175,000.00 or Rowley Contracting, Inc. in the amount of $327,000.00; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund $138,766.36 to 10340 Grants and $188,233.64 to 25401 Pahrump Capital; or 5) Reiect bids and provide direction to staff on how to proceed with the proiect-Cont’d. As to prevailing wage, Ms. Strozzi stated the bidders should have known that the wages had to be built into the cost of the project as the price was over $100,000.00 which required all contractors to bid prevailing wage.

Commissioner Cox

made a motion to reject the two bids and go out for re-bid.

Commissioner Cox

withdrew her motion.

Commissioner Carbone

made a motion to reject the bids and give direction to staff to put together a project for the replacement of the skate park facilities; seconded by

Mr. Martinez

asked if the direction was a bigger scope to replace a larger portion of the project.

Mr. Martinez

asked if the skate park should be closed because of the safety concerns.

Commissioner Cox

felt it would have to be closed if there were safety concerns.

Mr. Martinez

said he would have it closed.

Commissioner Carbone

said some people believed the area was too close to the road and it would not be safe, but he believed there would be a fence or block wall. He asked if water would be provided. Jimmy Martinez advised water would have to be brought to the location, which was on the other side of the pavilion, maybe 50 feet or so. Helen Bae said this was on the capital improvement plan for up to $200,000.00.

Commissioner Carbone

asked if a cover came with this pad.

Mr. Martinez

said no as splash pads did not come with covers. There could be some shade covers off to the side.

Ms. McCutcheon

said the mom’s group that first brought this to the Commissioners’ attention would also commit to a $5,000.00 fundraiser to supply that shade structure.

Commissioner Strickland

asked about the plan for fencing.

Mr. Martinez

said fencing would be placed with bollards in front and and signs stating 1 5 mph or 10 mph posted inside. If there were still issues, he would ask for a road bump.

Commissioner Jabbour

asked if it was possible to have 5 mph while children were present there.

Mr. Martinez

was pretty sure that could be done.

Commissioner Cox

asked if there was a second choice that might be a little safer.

Mr. Martinez

said there was, but the cost would go up because a water line would have to be run, additional electric would be needed, and a new septic. That was why this was the area chosen.

Commissioner Cox

said she received an e-mail from someone who was very concerned about it being near Highway 160 and she noted this was nowhere near Highway 160. Maryan Hollis agreed with having fencing inside of the columns. She was concerned about the location as it was really near a road. She wondered why this could not benefit Petrack Park as it had a playground, grass, a facility, and shade. October 10, 2023 12. For Possible Action Discussion and Deliberation to: 1) Accept the T-Mobile Hometown grant award in the amount of $50,000.00 to provide partial funding for The Town of Pahrump Splash Pad at Simkins Park. There is a $197,862.73 Town match required; 2) Fund $50,000.00 to 10340 Grants and fund $197,862.73 to 25401 Pahrump Capital Projects-Cont’d. Mackayla Turley said she was speaking on behalf of the young families and children in Pahrump to thank the Commissioners for the continued work towards getting the community a splash pad. She personally felt the site chosen would prove to be a great location. She also said the moms were committed to the fund raising. Pat Minshall said lighting was brought up. She asked if the lighting was going to be taken out or put in, and wondered why there would be any lighting. Diane Southworth said both of her granddaughters who had toddlers were ecstatic about this and would like to see one put up north too.

Commissioner Carbone

made a motion to accept the T-Mobile Grant of $50,000.00 and to fund $50,000.00 into 10340 Grants and fund $197,962.73 to 25401 Pahrump Capital Projects; seconded by Commissioner Strickland; 5 yeas. The Board was in recess until 2:34 p.m.

Sheriff McGill

was not present. SITTING AS THE BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS

Commissioner Strickland

disclosed she was a real estate broker, but she had no pecuniary interest in this item. Tom Boiling stated this would be the last parcel needed to create all of the drainage channels to make sure there was no more flooding on Valiant Street.

Commissioner Carbone

made a motion to approve the purchase of APN 038-1 73-45 for drainage requirements, propose compensation for the property to the property owner based on the appraisal, and direct staff to prepare and record the documentation necessary to transfer the property; seconded by Commissioner Strickland; 5 yeas. October 10, 2023

Commissioner Strickland

disclosed she was a real estate broker and had no pecuniary interest in this item. She contacted Tom Boiling and told him this was a listing on the MLS and he contacted the selling agent. Tom Boiling explained this one was a little different than the other property purchases because it was going through a realtor. Instead of the property owner signing a quit claim deed to the County, this one would go into escrow and there would be a bunch of different paperwork to be signed, which was the reason for the request to authorize the County Manager to sign the purchase agreement and associated documents. That would avoid this having to come back to the Commissioners every time another document needed to be signed.

Commissioner Carbone

made a motion to approve the purchase of APN 038-202-25, compensate the amount of $15,000.00 plus required fees, authorize the County Manager to sign the purchase agreement, and direct staff to prepare documentation to move forward with the purchase of the property; seconded by Commissioner Strickland; 5 yeas.

Commissioner Carbone

made a motion to approve the purchase of the property needed for the expansion of the Road Department, APN 038-202-26, propose compensation for the property owner based on the appraisal, and direct staff to prepare the documentation necessary to transfer the property; seconded by Commissioner Strickland; 5 yeas. 14. 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. 14.1. For Possible Action Approval of meeting minutes from the joint meetings on July 6, July 18, and August 15, 2023.

Commissioner Strickland

made a motion to approve items 14.1 and 14.2; seconded by

Commissioner Carbone

; 5 yeas. 14.2 For Possible Action Approval to: 1) Accept the Fiscal Year 2022 Continuum of Care Program Grant Agreement with the United States Department of Housing and Urban Development (HUD) in the amount of $93,901.00, to serve Nye County homeless residents with rental assistance and supportive services through intense case management. There is no County match required; 2) Execute the Grant Agreement; and 3) Fund to 10340 Grants.

Commissioner Strickland

made a motion to approve items 14.1 and 14.2; seconded by

Commissioner Carbone

; 5 yeas. CLERK 16. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Nye County Water District Governing Board Area 3 due to an expiring term from the following list of applicants: Edwin Goedhart; or 2) Readvertise for the appointment.

Commissioner Strickland

made a motion to appoint to the Water District Governing Board Area 3 due to the expiring term Ed Goedhart to a term ending June, 2025; seconded by Commissioner Carbone. October 10, 2023 16. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Nye County Water District Governing Board Area 3 due to an expiring term from the following list of applicants: Edwin Goedhart; or 2) Readvertise for the a p poi ntm e nt-Co nt’ d. Helene Williams, chair of the Nye County Water District, thanked the Board for the motion. Mr. Goedhart had served the community extremely well with credibility and wonderful insight to the issues that came before the water board.

Commissioner Strickland

asked Mr. Stark if he currently attended the town board meetings.

Mr. Stark

said no because of his work schedule, but he did check the minutes.

Commissioner Jabbour

made a motion to appoint Douglas “Stretch” Baker to a term expiring January, 2025; seconded by Commissioner Boskovich; 5 yeas. COUNTY MANAGER 20. For Possible Action Discussion and deliberation to appoint one member to the Nye County 9-1-1 Advisory Committee due to an expiring term from the following list of applicants: Joseph Marshall. Samantha Tackett explained this item was brought back to provide back-up identifying that Sheriff McGill brought this individual forward as his designee. Also, the public-at large member applicant rescinded their application. October 10, 2023 20. For Possible Action Discussion and deliberation to appoint one member to the Nye County 9-1-1 Advisory Committee due to an expiring term from the following list of applicants: Joseph Marshall-Cont’d.

Commissioner Boskovich

made a motion to appoint Joey Marshall to the Nye County 9-1-1 Advisory Committee to a term expiring December, 2025; seconded by

Commissioner Cox

wondered if this would be any kind of conflict of interest as Mr. Marshall was also a deputy.

Mrs. Tackett

explained the ordinance identified that the Sheriff or their designee had to be on the board. It also identified someone with knowledge of the 9-1-1 system. Ashley Castillo, who oversaw the 9-1-1 operations, was appointed. The Sheriff himself could not be on the board because he was an elected official, but his designee could, who was Mr. Marshall. The IT Director was also on the board.

Commissioner Jabbour

asked if Captain Boruchowitz was still on the committee.

Mrs. Tackett

said no. His term expired, which was the reason for this appointment.

Commissioner Carbone

made a motion to approve waiving the 90-day period for the client support technician and direct staff to bring back the 90-day policy for discussion; seconded by Commissioner Cox; 5 yeas. October 10, 2023 PLANNINGIBUILDINGICODE COMPLIANCE 23. For Possible Action Discussion and deliberation to: 1) Accept the U.S. Department of Homeland Security Cooperating Technical Partners (CTP) grant award in the amount of $242,250.00 to provide funding for The Pahrump Phase II Risk MAP Project. There is no match required; 2) Allow a one-time exception for Grant Administrator, Jessica McCutcheon to accept the award electronically; and 3) Fund to 10340 Grants.

Commissioner Strickland

made a motion to accept the CTP grant award in the amount of $242,250.00, allow the one-time exception for the grant administrator to accept the award electronically, and fund to 10340 Grants; seconded by Commissioner Carbone. Brett Waggoner said a year and a half ago or so the County accepted a grant for a study of this particular area and this was phase two to that. The study was about done and this grant would map that work to produce the results of it and possibly take it back to FEMA and get at least that portion of the Pahrump valley updated.

Commissioner Carbone

made a motion to set the date, time, and location for the public hearing as November 21, 2023, at 10:00 am. in Pahrump for Bill No. 2023-1 3; seconded by Commissioner Strickland; 5 yeas. October 10, 2023 25. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing on Nve County Bill No. 2023-14: 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 17.04.820, titled Manufactured Homes and Factory-Built Homes, amending section 17.04.820(C)(1)(d & e); and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto.

Commissioner Carbone

made a motion to set the time, date, and location for a public hearing on Nye County Bill No. 2023-14 as November 7, 2023, in Tonopah at 10:00 a.m.; seconded by Commissioner Strickland.

Commissioner Jabbour

asked why the public hearing would be held in Tonopah. Brett Waggoner explained this was an issue for the entire County and not specific to just Pa h rump.

Mr. Waggoner

said there were two sections of the Code. One section pertained to just Pahrump and the other section, which had far less regulations, applied to the rest of the County. The size restriction minimums applied to the whole County and that was what was being changed in both sections of the Code.

Commissioner Carbone

made a motion to set a time, date, and location for a public hearing on Nye County Bill No. 2023-15 for November 7, 2023, in Tonopah at 10:00 a.m.; seconded by Commissioner Strickland; 5 yeas. October 10, 2023 Mark Kampf was present. DISTRICT ATTORNEY 18. For Possible Action Discussion and deliberation to waive the 90-day hiring wait period and fill a vacant Executive Legal Secretary II Position, #11023-001 in the District Attorney Office effective immediately due to the employee resigning on September01, 2023. Brian Kunzi explained this was a very functionally different secretarial position for his civil attorneys and if he waited three months to fill it that would cause a backlog of what his office had to respond to as far as litigation matters and all of the different requests for opinions. He asked to be allowed to fill the position as soon as possible. Mr. Kunzi said they were allowed to interview and had an individual set up to start as soon as possible so there would not be any delay.

Commissioner Strickland

asked the Comptroller the same questions that were asked about the IT request. Helen Bae stated the 90-day hiring freeze did not always guarantee that there would be a cost savings because there were other factors or consequences to the 90 days, such as the burden on the existing staff and therefore overtime. There was also a retention issue that may occur when existing staff worked out of class or filled in for 90 days. Sometimes hiring actually took 90 days for certain positions. Ms. Bae said the general practice was to hire in at a step one with whatever grade that position was in, which was actually a cost savings that was guaranteed. Money was not always saved on benefits either as that varied from person to person.

Commissioner Carbone

said he had directed staff earlier to look at that policy.

Commissioner Carbone

made a motion to waive the 90-day hiring period and fill the vacancy of an executive legal secretary II position effective immediately; seconded by

Commissioner Strickland

; 5 yeas. SHERIFF 19. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a Third Amendment to the Contract between Nve County and Serenity Health LLC for the purpose of providing jail medical services to the Nye County Detention Centers; 2) Execute the agreement; and 3) Fund $1566818.12 to 10236 Jail and $254,329.00 to 10101 General. This item was removed from the agenda. October 10, 2023 PUBLIC PETITIONER

Commissioner Carbone

made a motion to approve Proclamation No. P2023-07, a proclamation recognizing November, 2023, as National American Indian Heritage Month; seconded by Commissioner Strickland; 5 yeas.

Commissioner Strickland

said she met with the gentleman involved with the STEM academy. He asking her if she would build him a mile of road out of Nye County funds. She told him three time that would be a problem since he was in Clark County, but he still did not get it.

Commissioner Jabbour

reminded everyone to protect their children and family, conserve water, and spay/neuter pets. October 10, 2023

Commissioner Jabbour

adjourned the meeting. APPROVED this 9i day ATTEST: of\Jpue144,,4- ,2023. uty