October 17, 2023

Commissioner Cox

asked Tim Sutton for an update on the new sign at the small golf course.

Mr. Sutton

said he would give her an update after the meeting. October 17, 2023 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d.

Commissioner Cox

said to get it on the agenda as soon as possible if it needed to go on one.

Commissioner Carbone

announced the VFW Post 10054 would have a community whole hog smoke event on October 28, 2023, starting at noon. He said there was a lot of grant activity and he would like to have the County Manager work with the rest of the staff to make sure there was at least 10% for working with staff so that they had something to work with instead of it coming out of their normal budget.

Commissioner Strickland

told Richard Goldstein the scope of work for the skate park was being reviewed to encompass more work. She then announced on Monday, October 23, 2023, at 10:00 a.m. there would be a rally in support of Israel in the parking lot at Highway 160 and Basin.

Commissioner Jabbour

asked if there was a public hearing scheduled for the vicious dangerous dog situation. When he was told not yet, he said the issue was before the Board last year and there was criteria the owner had to meet for her dog as well as herself. He said he looked forward to seeing the status of that. Emergency Management Director Scott Lewis said on Monday, October 23, 2023, his department would host a hazardous mitigation plan workshop at 1:00 p.m. in the chambers. The intent of it was to solicit public comment and recommendations on hazards and risks in the County. That plan would become a model for how his department responded to issues. For people who could not attend the meeting, it would be available via Zoom as well as call-in. People could contact Patrick Lazenby at dpIazenbycnyecountynv.qov. Dan Weeks, general manager of the Nye County Water District (NCWD), announced that on November 14, 2023, they would have a public workshop and the public as well as the department heads were invited to come and share ideas and concerns. Those ideas and concerns would be generated into a report that would be delivered to the Commissioners and the members of the NCWD for future agendas and future projects. Grants and Contracts Manager Stephani Elliott said the Local Assistance and Tribal Consistency Fund workshop was scheduled for Tuesday October 24, 2023, at 10:00 a.m.

Commissioner Boskovich

made a motion to recognize Nye County Proclamation No. P2023-09 recognizing October 15, 2023, as White Cane Safety Day in Nye County; seconded by Commissioner Strickland; 5 yeas. October 17, 2023 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 today’s presentation was the bank reconciliation and Treasurer’s report for August 2023. FY22 was still being closed. Once that was finalized ending fund balances would start to be rolled forward into FY23 and FY24.

Commissioner Carbone

asked about the deposits to the wrong account shown on the DevNet report.

Ms. Powers

explained when property tax payments were prepared a deposit for them was also created. Unfortunately, the incorrect deposit slip was used so the funds were deposited into the County’s vendor account when it should have been deposited into the tax receiver bank account. 8. 10:00 a.m. Presentation by Daniel Weeks, General Manager of the Nye County Water District Governing Board, regarding Cloud Seeding Program results pursuant to the Nye County ARPA Recovery Plan and Policy: Infrastructure Grant. (10-minute time limit) NCWD General Manager Dan Weeks and Chair Helene Williams gave a presentation on the NCWD’s use of the ARPA funds granted to them. PUBLIC PETITIONER 28. For Possible Action Discussion and deliberation regarding Nye County Proclamation P2023-08: A Proclamation Recognizing October as Italian American Heritage Month in Nye County. Leo Blundo reviewed the history of Columbus Day and thanked the Commissioners for their support. Ammie Nelson stated her support of this item.

Commissioner Boskovich

made a motion to recognize October as Italian American Heritage Month in Nye County with Proclamation No. P2023-OS; seconded by

Commissioner Carbone

; 5 yeas. October 17, 2023 TIMED ITEMS 9. 10:00 am. For Possible Action Continued Public Hearing, discussion and — — deliberation to adopt, amend and adopt or reject Nye County Bill No. 2023-11: A Bill Banning 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.

Commissioner Carbone

said he had made the modifications he mentioned when this was before the Board a couple of meetings ago. The major change was on page 10, items 1 and 2, regarding the humane rounding up of the animals and the understanding that it applied to not only the wild horses but to all animals. He hoped the people watching the animals and the issues going on would bring those to the Board so legal action against it could be started. Commissioner Carbone stated U.S. Code Section 18, subsection 47, talked about not using helicopters to move the animals. Diane Davis said per FAA rules and regulations, which applied to helicopters as well as airplanes, they were required to fly 500 feet above the ground level to clear the homes and not damage them. Even at that height, the helicopters vibrated her home to the point that it was causing cracks. She had provided photographs to the Commissioners showing the helicopters were nowhere near 500 feet above the horses or even the ground level. She said a helicopter flying 500 feet above the ground above her house shaking the entire house and doing damage to the inside of the house gave some perspective of what kind of pressure was put on the horses by a helicopter flying as low as they were in the photographs. Anybody who thought that was humane had to be very cold hearted. Priscilla Lane said it was mentioned that the people had to have proof of inhumane treatment. She felt that would not happen unless someone was at every single round up to see what was going on. She then talked about Jim Wheeler with the Virginia Herd Management and how he managed the herds with birth control as well as Bill Simpson who proved that the horses were of value because they kept the fire source down. Ms. Lane wondered if the BLM could manage it the way they were supposed to. Eddie Jim said the proof was all over the place on YouTube. George Knapp also had a lot of proof of the abuse of the animals by helicopters. He felt the ordinance to ban the use of helicopters, motorized vehicles, and drones for round-ups needed to be implemented. Ammie Nelson talked about how the amount of pressure from the helicopters tortured the animals because of the sensitivities in their noses and ears. She said BLM had no jurisdiction on County lands and there should be some type of regulation that the Sheriff could use to charge them with the illegal act they were doing in Nye. Ms. Nelson was glad to see this bill would be passed to give further assistance to the Sheriffs Department to do what they needed to do to keep BLM out of Nye County. October 17, 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. 2023-11: A Bill Banning 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-Cont’d.

Commissioner Jabbour

closed the public hearing.

Commissioner Carbone

said in order for the County to do things this ordinance needed to be passed. There were several agencies involved in this process so now the County could start going to the agencies out there that were supposed to look over these things to be sure they were following the rules.

Commissioner Jabbour

said at the last meeting as well as this meeting his main focus was on the humane treatment of the wild horses and burros before, during, and after the gather.

Commissioner Cox

stated anybody that did and continued to terrorize these animals for the sake of monetary gain should go to jail. She did not realize U.S. Code Section 18, subsection 47, existed and she thanked Commissioner Carbone for finding it.

Commissioner Carbone

made a motion to adopt Bill No. 2023-11; seconded by

Commissioner Cox

. Samantha Tacket requested the motion include which version in the back-up was being adopted.

Commissioner Carbone

amended his motion to adopt Bill No. 2023-1 1 with the amendments to the proposed version; Commissioner Cox amended her second; 5 yeas. CLERK 16. For Possible Action Discussion and deliberation to waive the 90-day hiring wait period and fill a vacant Deputy Clerk Ill, position #12032-003, in the Clerk’s Office effective immediately due to the employee resigning on October 02, 2023. Mark Kampf explained the reason he was asking for this variance was because of the approaching presidential preference primary election and the loss of a person who was integral to that process. Helen Bae said she would have an item on the November 7, 2023, meeting agenda to ask the Board to discontinue the 90-day hiring freeze because it had not saved the County money and it actually worked against hiring practices. It also cost the County money in overtime pay which was not budgeted for creating the risk of going over budget because departures were never expected and were discouraged. Cost savings October 17, 2023 16. For Possible Action Discussion and deliberation to waive the 90-day hiring wait period and fill a vacant Deputy Clerk III, position #12032-003, in the Clerk’s Office effective immediately due to the employee resigning on October 02, 2023- Cont’d. were seen by hiring in new employees at a lower grade and/or step. Mrs. Bae said another thing about hiring freezes and asking existing members to work overtime was that while they were doing that they were accruing more leave, which was a liability to the County and could become very expensive when an employee left.

Commissioner Carbone

made a motion to waive the 90-day hiring period and fill the

Deputy Clerk Ill

position #12032-003; seconded by Commissioner Cox; 5 yeas. Mark Kampf was not present. TIMED ITEMS 10. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation on ETSU-23-1 1: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation and Production) located at 6041 S. Hafen Ranch Road, Pahrump, NV. Assessor’s Parcel Number 045-131-48. R Land Company, LLC Property Owner. Nevada Natural Medicines, Scott Sibley — — Applicant. Gavin Sibley, appearing on behalf of the applicant, and Nicholas Reese, the director/general manager for Nevada Natural Medicines, were present. Mr. Sibley said they were asking for approval of the special use permit to allow the cultivation and production of cannabis within the existing building, which was previously approved by the Board. One of his concerns was on page 33 of the staff report where it stated commercial tenant improvement for interior of the marijuana building had still not been completed. Mr. Sibley advised he had photographs showing they spent $2.5 million in the front, which had been completed. The small rooms in the back had not been completed. They were asking the County for a special use permit for the marijuana cultivation production facility at 6041 Hafen Ranch Road. The cultivation process would take place entirely inside the building with no visibility outside the facility. The operation would have 30 to 40 employees and they would operate during normal business hours.

Mr. Reese

addressed some of the processes they had accomplished getting to this point. The facility had been in a partial lull for some time. They had done the build out on it, and the Board was given a letter of intent from a producer they planned on bringing on called Mammoth Labs. Mr. Reese said they had become square on the business license and everything like that. They were just trying to finalize the special permit use. Planning Director Brett Waggoner said the staff report gave a pretty good history of this particular facility, especially with regard to the SUP. They had held an SUP since 2014. October 17, 2023 10. 10:00 am. For Possible Action Public Hearing, discussion, and — — deliberation on ETSU-23-1 1: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation and Production) located at 6041 S. Hafen Ranch Road, Pahrump, NV. Assessor’s Parcel Number 045-131-48. R Land Company, LLC Property Owner. Nevada Natural Medicines, Scott Sibley — — Applicant-Cont’d. They did a change of location over to the Hafen Ranch property quite some time ago. To date they had never been a producer of any kind of revenue, and the only thing Mr. Waggoner had seen growing on the property was tumbleweeds. He said he was in the facility about a month ago and the improvements that had been done were in the front of the building, but none of the cultivation area had been completed. Mr. Waggoner explained the reason for this agenda item was because the applicant missed the deadlines to renew the license and therefore lost their SUP and their licenses so these would be new licenses and a new SUP.

Commissioner Cox

asked Mr. Sibley to explain why they did not produce a product, but they kept renewing the licenses. She wondered where the money was coming from if they were not making anything.

Mr. Reese

said the cannabis industry had its highs and lows and it was very costly operational. Also, ownership was not necessarily well versed in the cannabis marketplace as they were the investors, not the business operators, which was where

Mr. Reese

came into play. The letter of intent was to have production start right away, and they had already acquired the lab equipment.

Commissioner Boskovich

noted in nine years there had been zero dollars, zero tax revenue, and zero product produced. He asked if their licenses had ever been marketed for sale. When the response was no, he asked how they ended up expiring and nobody thought to renew them when they were supposed to be renewed.

Mr. Reese

sad it was his understanding that the special use permit lapsed, but the adult use medical and adult use cannabis licenses had been valid.

Mr. Waggoner

said that was incorrect. The reason the SUP was now invalid was because the licenses expired. As to the letter of intent, he did not know what that was, but none of the licenses on later agenda items had anything to do with the lab.

Mr. Reese

explained the reason he referenced the lab was to implicate that they would produce revenue once the lab was part of their lease.

Mr. Waggoner

said he did not see that mentioned in anything provided to the Planning Department for this agenda item.

Commissioner Boskovich

commented the neighbors around the facility were not happy that it was there. October 17, 2023 10. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation on ETSU-23-1 1: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation and Production) located at 6041 S. Hafen Ranch Road, Pahrump, NV. Assessor’s Parcel Number 045-131-48. R Land Company, LLC Property Owner. Nevada Natural Medicines, Scott Sibley — — Applicant-Cont’d.

Commissioner Strickland

stated her constituents had expressed the desire for this not to open from day one. Although she fought for the applicant in the past, she would now have to stand with her constituents unless the applicant could giver her more information because this had not gone well.

Commissioner Carbone

said he and Commissioner Cox were the only two current Commissioners involved in this in 2014, and he was kind of saddened to see that this particular one still had not gotten off the ground. He felt the same way as

Commissioner Jabbour

asked if Scott Sibley was the owner of the property as well as the owner of the expired licensing.

Mr. Sibley

said he was not 100% sure on that, but he believed he was the owner of the property. Mr. Sibley said he was just trying to answer as many questions as he could on behalf of his father who sent him here today.

Commissioner Jabbour

asked if they now had an operations manager.

Mr. Reese

said there was a duration of no true path forward and that was where the letter of intent came from. He had a receipt for the lab equipment for a cost of $101,000.00. Mammoth was already operational and would be established right away bringing in a couple of employees, and they would continue to develop the property in multiple phases. That was their path for producing taxable revenue for the County.

Commissioner Boskovich

said he was completely pro business, but there could have been another business in the last nine years that actually provided a benefit.

Commissioner Strickland

said since the agenda came out she had been speaking to constituents about this facility and had gotten nothing push back for approval of a special use permit. She said the facility looked abandoned and it did not look like there was any interest the applicant/property owner to even keep the property in good condition let alone grow what they wanted to grow.

Commissioner Cox

asked if the block wall was ever put up.

Mr. Reese

said there was cinder block entrance from the roadside, but he did not believe it went around the whole property. He believed there was a chain link fence around the entire rear of the property. October 17, 2023 10. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation on ETSU-23-1 1: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation and Production) located at 6041 5. Hafen Ranch Road, Pahrump, NV. Assessor’s Parcel Number 045-131-48. R Land Company, LLC Property Owner. Nevada Natural Medicines, Scott Sibley — — Applicant-Cont’d.

Mr. Waggoner

advised when the SUP was approved for this location there was a requirement for a cinder block wall to be around the entire property. The applicant then came back through the site development process and got a change of conditions approved by the Board to allow him to do the rest in chain link. Mr. Waggoner also pointed out the SUP was originally granted in 2014, but they did not apply for the license until 2019. The property went through a few different extensions on the SUP over those four years to get them to the point of even getting licensed, build a building, or pull building permits, which were not pulled until 2019 as well.

Commissioner Cox

said since 2014 the Commissioners had become much more aware of the fact that there was a lot of odor connected to these businesses which was affecting all of the people around them and there had been many complaints. She was not in favor of doing this to the people around these facilities anymore. She felt the facilities needed to be way out in the desert.

Commissioner Jabbour

opened the public hearing. Ammie Nelson thought it was imperative for Mr. Sibley’s father to be present today to answer the questions instead of sending his son who could not answer them. She said this did not sound right and she would not approve it if she was a Commissioner. Pat Minshall stated last Friday without warning the cannabis production facility in Amargosa Valley closed down putting 40 people out of work, 15 to 20 of which lived in Amargosa Valley. She said more and more states were legalizing cannabis, which meant more growing. She thought the Board needed to protect the grow houses in the County and not allow more. Maryan Hollis said this application was not passing the sniff test. The establishment was run by a businessman who knew the rules and regulations. She held dual licenses and it was her responsibility to know when to renew them. She would suffer heavy fines if she did not and could lose her license forever.

Commissioner Jabbour

closed the public hearing. As to the smell concerns, Mr. Reese stated this was an indoor grow facility and there were pretty strict measures that they followed to limit the release of the smell, but they could increase those measures with things like carbon filtration. October 17, 2023 10. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation on ETSU-23-1 1: An application for a Special Use Permit to allow a Cannabis Establishment (Cultivation and Production) located at 6041 S. Hafen Ranch Road, Pahrump, NV. Assessor’s Parcel Number 045-131-48. R Land Company, LLC Property Owner. Nevada Natural Medicines, Scott Sibley — — Applicant-Cont’d.

Commissioner Strickland

made a motion to reject application ETSU-23-1 1 for a special use permit on Hafen Ranch Road; seconded by Commissioner Boskovich; 5 yeas. PLANNINGIBUILDINGICODE COMPLIANCE 23. For Possible Action Discussion and deliberation to approve an application for an Adult Use Cannabis License (Cultivation) CBL-23-34 located at 6041 S. Hafen Ranch Road, Pahrump, NV. Assessor’s Parcel Number 045-131-48. R Land Company, LLC Property Owner. Nevada Natural Medicines, Scott Sibley — — Applicant. 24. For Possible Action Discussion and deliberation to approve an application for an Adult Use Cannabis License (Production) CBL-23-35 located at 6041 S. Hafen Ranch Road, Pahrump, NV. Assessor’s Parcel Number 045-131-48. R Land Company, LLC Property Owner. Nevada Natural Medicines, Scott Sibley — — Applicant. 25. For Possible Action Discussion and deliberation to approve an application for a Medical Use Cannabis License (Cultivation) CBL-23-36 located at 6041 S. Hafen Ranch Road, Pahrump, NV. Assessor’s Parcel Number 045-131-48. R Land Company, LLC Property Owner. Nevada Natural Medicines, Scott Sibley — — Applicant. 26. For Possible Action Discussion and deliberation to approve an application for a Medical Use Cannabis License (Production) CBL-23-37 located at 6041 5. Hafen Ranch Road, Pahrump, NV. Assessor’s Parcel Number 045-131-48. R Land Company, LLC Property Owner. Nevada Natural Medicines, Scott Sibley — — Applicant. Brett Waggoner explained per Nye County Code Sections 17.06 and 5.32 these licenses could not be issued without a special use permit on the property. Gavin Sibley and Nicholas Reese were present. Mr. Sibley thought they needed to have the SUP in order to have these approved. Ammie Nelson hoped the Board denied all of the licenses for the same reasons she mentioned on item 10. October 17, 2023 23. For Possible Action Discussion and deliberation to approve an application for an Adult Use Cannabis License (Cultivation) CBL-23-34-Cont’d. 24. For Possible Action Discussion and deliberation to approve an application for an Adult Use Cannabis License (Production) CBL-23-35-Cont’d. 25. For Possible Action Discussion and deliberation to approve an application for a Medical Use Cannabis License (Cultivation) CBL-23-36-Cont-d. 26. For Possible Action Discussion and deliberation to approve an application for a Medical Use Cannabis License (Production) CBL-23-37-Cont’d.

Commissioner Carbone

made a motion to reject applications CBL-23-34, CBL-23-35, CBL-23-36, and CBL-23-37 with the knowledge that the SUP was denied as well; seconded by Commissioner Strickland; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 12. CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 12.1 For Possible Action Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens.

Commissioner Strickland

made a motion to approve items 12.1 and 12.2; seconded by

Commissioner Boskovich

; 5 yeas. 12.2 For Possible Action Approval of the meeting minutes from the joint meeting on August 1, and September 6, 2023.

Commissioner Strickland

made a motion to approve items 12.1 and 122; seconded by

Commissioner Boskovich

; 5 yeas. October 17, 2023 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 11. For Possible Action Discussion and deliberation regarding verbal or written activity reports provided by Town of Pahrump Committees: Pahrump Arena Advisory Committee, Nuclear Waste and Environmental Advisory Committee, Pahrump Off Highway Vehicle Park Advisory Committee, Pahrump Public Lands Advisory Committee, Pahrump Tourism Advisory Committee, or Pahrump Veterans Memorial Advisory Committee, and direction from the Board regarding the activity reports. Samantha Tackett said there were reports from various committees in the back-up.

Commissioner Carbone

advised the Veterans Memorial Committee was working with Pahrump Buildings and Grounds Manager Jimmy Martinez on the sound proofing and audio/visual equipment. Robert Adams, secretary of the Public Land Advisory Committee, was present to answer any questions. SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS 13. For Possible Action Discussion and deliberation to approve, amend and approve or reject one (1) contract for Public Defender Services from the following list of applicants: Julio Garcia, Karl Shelton, and Mark Shockley. Karl Shelton provided his background. He had done two bench trials as a civil attorney in which he received favorable judgments, but he did not have any jury trials at this point. Mr. Shelton had been the associate for the Sofos Law Firm since January, 2023, and worked the public defender contract with Alexis Duecker so he had experienced what it was like to work in the Nye County courts and he knew the caseload was heavy.

Mr. Shelton

stated he prided himself on being that last defense of his clients’ constitutional rights and he really appreciated the opportunity to serve them.

Commissioner Strickland

pointed out Mr. Shelton lived in Las Vegas.

Mr. Shelton

said that would not be a problem. It was 62 miles door to door. He also had a four-wheel drive truck and was the only Las Vegas based public defender who made it over the hill before the highway was closed in March, 2023.

Commissioner Jabbour

said Mr. Shelton indicated on his resume that he had represented all stages of category B felonies and below. He asked if that meant C and D.

Mr. Shelton

said that was correct. October 17, 2023 13. For Possible Action Discussion and deliberation to approve, amend and approve or reject one (1) contract for Public Defender Services from the following list of applicants: Julio Garcia, Karl Shelton, and Mark Shockley-Cont’d.

Commissioner Jabbour

pointed out Mr. Shelton did not mention that he served as the associate counsel on criminal cases involving category A felonies under Ms. Duecker.

Mr. Shelton

said unfortunately none of those cases went to jury trial. He anticipated participating in some jury trials before the end of the year and in the spring of next year. He could reapply and hopefully bump that level up with that new experience. Mark Schockley provided his background. He said he had some trials, but not a whole lot as most of them were dismissed. Mr. Schockley felt his blue collar background allowed him to talk to his clients as well as with the District Attorney to get things ironed out and get the cases down. He said he drove all over the State of Nevada so trips to Beatty and Tonopah would be nothing to him, and since he lived in Las Vegas he had no problem going to Pahrump to handle the rotating schedule.

Commissioner Boskovich

wished the County could provide more public defenders because he knew the caseload.

Commissioner Carbone

asked Mr. Schockley if he was currently co-counseling with any of the public defenders.

Mr. Schockley

said no as they had their cases and he had his. He talked to a couple of them about cases, but no one had asked him to be a co-counsel and he had not needed help. Mr. Schockley then stated he had been disciplined by the State Bar. Julio Garcia was not present. Ammie Nelson said she wished there was a position for both applicants as she would choose them both.

Commissioner Carbone

made a motion to accept the application for Karl Shelton; seconded by Commissioner Jabbour; 4 yeas. Commissioner Strickland voted nay.

Commissioner Cox

said increasing the number of public defenders needed to be seriously looked at instead of increasing the workload. The Board was in recess until 2:45 p.m. October 17, 2023 14. For Possible Action Discussion and deliberation to approve, amend and approve or reject an updated letter of intent to purchase or exchange or a combination thereof one (1) property described as a 10-acre (a portion of) 171 N. Floyd Dr., Pahrump, NV. Assessor’s Parcel Number TBD, consisting of a 10.00- acre Light Industrial (LI) zone; for the potential purpose of county facility expansion needs. Lorina Dellinger said this item was before the Board prior to appraisals being obtained. Appraisals were received so the District Attorney’s Office advised to present the letter of intent with the actual fair market value of the parcel.

Commissioner Strickland

talked about the change in appraisal amounts since 2010. She said the difference between the County trading the two parcels on Calvada and the one parcel on Floyd would be $30,000.00. The community sorely needed apartments and that was what the Floyd Family was proposing to do. Commissioner Strickland did not think there would be any unhappy constituents with this location. The County would also get what it was after a piece of property that adjoined County property next to the animal shelter and EMS. The immediate need for the property on Floyd was an expansion for a place to put vehicles. Commissioner Strickland did not think there was any reason for the County to retain the Calvada properties and she would love to see those put back into service collecting taxes.

Commissioner Carbone

said if the swap happened they might upgrade the County’s water system.

Commissioner Strickland

disclosed she was a Nevada real estate broker licensee and had no pecuniary interest in this. Brian Kunzi explained that the concerns he had when this was originally brought forward was the Board was looking at about a few hundred thousand dollars in a public land transfer, and then all of a sudden the appraisals came in and now it’s a couple million of dollars. The way the agenda item was written previously was the Board was authorizing this transfer and authorizing the County Manager to sign it. Mr. Kunzi felt that was way out of the County Manager’s authority given the rather large increase. Ammie Nelson thought this was a good trade off. She talked about how appraisers could escalate prices and she thought maybe there might be some bargaining room.

Commissioner Strickland

made a motion to approve the updated letter of intent to purchase or exchange, or a combination thereof, the properties described within the body of the agenda item; seconded by Commissioner Carbone; 5 yeas. October 17, 2023 15. For Possible Action Discussion and deilberation to approve, amend and approve or reject an updated letter of intent to purchase or exchange or a combination thereof one (1) property described as 1871 E. Mesquite Ave., Pahrump, Nevada Assessor’s Parcel Number: 035-011-06, consisting of 36.08 acres including improvements thereon for the potential purpose of an alternative location for shooting range and future Pahrump landfill expansion needs.

Commissioner Strickland

disclosed she was a Nevada licensed real estate broker and had no pecuniary interest in this item. Lorina Dellinger explained this was the same situation as item 14. Staff was bringing back a letter of intent with the fair market value that came in recently. This would be a purchase, not an exchange, and the purpose for the property would be multi-use for future landfill expansion which was much needed. Staff was also looking to put a public shooting range on the property.

Commissioner Strickland

said she met with Ron Murphy Sr. and Ron Murphy Jr. several times. Mr. Murphy Sr. passed and the family had agreed to sell the property, which came in at $1 .080 million. Commissioner Strickland said she would not even consider this if it was not so close to and viable for the landfill. She asked for the support of the Board to move forward with approving the intent as a purchase.

Commissioner Jabbour

wondered if the County had the money to move forward with this.

Commissioner Strickland

said that had not been addressed quite yet at this time and it was not agendized for how to pay for it. This was just going into a letter of intent and not a purchase agreement at this time. She preferred to not talk about the source of money until a viable source had been found.

Commissioner Jabbour

stated if he received a letter of intent for property he owned, and they were just testing the waters and not sure if they could come up with the funds, then to him the buyer was not a serious buyer.

Commissioner Strickland

asked Commissioner Jabbour if he would prefer to re-write the agenda item and bring it back, which she was not opposed to.

Commissioner Jabbour

said he was not opposed to an updated letter of intent. Ammie Nelson did not feel this item was transparent as the price really mattered. There should be no hidden agenda and the price should be out in the open. She wanted the item brought back with that information.

Commissioner Strickland

stated the price had been identified on the sheet that had the list of properties that were appraised and the appraisal came in at $1 .080 million. It was a 36-acre parcel that was dug out for a gravel pit which allowed the County to fill it back October 17, 2023 15. For Possible Action Discussion and deliberation to approve, amend and approve or reject an updated letter of intent to purchase or exchange or a combination thereof one (1) property described as 1871 E. Mesquite Ave., Pahrump, Nevada Assessor’s Parcel Number: 035-011-06, consisting of 36.08 acres including improvements thereon for the potential purpose of an alternative location for shooting range and future Pahrump landfill expansion needs-Cont’d. in as a dump if it could be determined whether or not that could be completed. That was why there was no actual purchase agreement or a fund identified at this time.

Commissioner Carbone

agreed with bringing it back.

Commissioner Strickland

made a motion to approve the letter of intent to purchase the property as described in the agenda item.

Commissioner Strickland

directed staff to bring back an item regarding the funding source.

Commissioner Carbone

seconded the motion to approve the letter of intent to purchase the property as described in the agenda item; 5 yeas. CLERK 17. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Northern Nye County Hospital District Board of Trustees due to a resignation from the following list of applicants: Charles S. Keller; andlor 2) Readvertise for the appointment.

Commissioner Carbone

made a motion to appoint Charles Keller to the Northern Nye County Hospital District Board of Trustees to a term expiring January, 2025; seconded by Commissioner Boskovich.

Commissioner Cox

asked if Mr. Keller was the only person who applied and if it was advertised.

Commissioner Jabbour

responded yes to both questions.

Commissioner Carbone

asked why there was no date of death shown for Jocelyn Michael.

Ms. Simpson

said because the coroner in the north would determine the date of death and was about five months behind. She said family was there now so she would not be told any further information as that case was just a notification.

Commissioner Cox

said she saw a lot of hospice on the report and asked if those were the ones that were not a case.

Ms. Simpson

said all of those in those sections were no cases for her as the family was handling the probate.

Commissioner Jabbour

asked if the coroner arrived on a scene if a guestimate was provided of how long the person had been deceased.

Ms. Simpson

said that would be a question for the Sheriff’s Department because they were handling the case Commissioner Carbone was referring to. That was just a notification so she could log it and she was not entitled to that information. Brian Kunzi added it was still an open case so he did not know if there would really be a lot of information put out until some of the questions his office had were answered.

Commissioner Strickland

asked Ms. Simpson to provide a flow chart of her process so that could be put out for the public.

Ms. Simpson

explained each case was individual. The Public Administrator was to secure and lock up a residence and belongings of a decedent until the rightful person could claim them. October 17, 2023 COUNTY MANAGER 19. For Possible Action Discussion and deliberation regarding a request to set a date, time and location for a Public Hearing on Nye County Bill No. 2023-22: A Bill proposing to amend Nye County Code Title 2 Administration and Personnel, Chapter 2.88, License Department; amending Section 2.88.020 Responsibilities; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto. Lorina Dellinger explained the purpose of this item was to move outdoor festival licensing from the Clerk’s Office to the Licensing Department in Administration which required some Code changes.

Commissioner Strickland

made a motion to set the date, time, and location for November 21, 2023, at 10:00 am., in Pahrump for the public hearing for Nye County Bill No. 2023-22; seconded by Commissioner Carbone; 5 yeas. 20. For Possible Action Discussion and deliberation regarding a request to set a date, time and location for a Public Hearing on Nye County Bill No. 2023-20: A Bill proposing to amend Nye County Code Title 5, Business Licenses and Regulations, Chapter 5.16, entitled Outdoor Festivals, by Amending Section 5.16.030 Application for License: Time; Contents; Amending Section 5.16.040 Hearing: Notice; Investigation; Grant, Denial or Conditioning of License; Issuance of License; and amending Section 5.16.060 Denial of License: Grounds; Notice, providing for the severability, constitutionality and effective date hereof; and other matters properly relating thereto. Lorina Dellinger said this would amend the Code to move the outdoor festival licenses into the Licensing Department from the Clerk’s Office. When this item came back for the public hearing there would be an additional item to approve the application packet which now had requirements for the applicant to supply the Board with the location and the approval from the community they were applying in to avoid double booked situations. Staff was also working to put the application on OpenGov.

Commissioner Strickland

made a motion to set the time, date, and location for November 21, 2023, at 10:00 am., in Pahrump fora public hearing on Nye County Bill No. 2023-20; seconded by Commissioner Carbone; 5 yeas. 21. For Possible Action Presentation, discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-30: A Resolution Establishing the Nye County Safety Improvement Subsidy Program. Risk Manager Jacob Skinner explained the purpose of the subsidy was to provide funding for projects and equipment to enhance safety and security for Nye County personnel and the community. It would also provide some flexibility to tackle more safety initiatives, especially for departments which might have more budget constraints October 17, 2023 21. For Possible Action Presentation, discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-30: A Resolution Establishing the Nye County Safety Improvement Subsidy Program-Cont’d. than others; encourage proactive safety measures; and encourage collaborative initiatives. The subsidy would be $25,000.00 from the Risk Management budget, not new funding, and it not would accrue year over year. If it was not used it would be returned to the general fund. He discussed the application to request the subsidy, which would be due November 30 of each year. The safety committee would then evaluate the applications from December 1 to the end of January each year based on the criteria laid out. The County Manager, the Assistant County Manager, and Mr. Skinner would then give a final approval and the awards would be made by March 1 of each year.

Commissioner Boskovich

asked if $25,000.00 per year was enough to do what Mr. Skinner needed to do.

Mr. Skinner

said he wanted it to be an incremental amount to gauge the interest. He thought it would be up to the Commissioners to increase the amount, If they did, he would not go above $50,000.00, but he felt comfortable with $25,000.00 as a start.

Commissioner Jabbour

asked how the entities listed would know this program existed.

Mr. Skinner

said he loved communication campaigns and he thought by granting this there would be some unintended benefits. It would give him the opportunity to really promote safety in the County, and he would make sure that the four corners of Nye County got word about this opportunity. There would be a robust communications campaign coming out of Risk Management.

Commissioner Jabbour

asked if the first review would be done by the entire safety committee.

Mr. Skinner

explained if this passed he would like to bring it back to the safety committee to discuss that. Usually it was easier to work in a smaller setting, but he loved the aspect of getting employee engagement in this because it promoted the safety culture and increased the relevance of safety as a whole. Pat Minshall asked if there was a representative from Amargosa on the safety committee. Lorina Dellinger advised the membership was created by ordinance, which was one member from each of the County’s collective bargaining units, one member from the north, one member from the south, and one member from the central areas of the County. Tonopah had one, Beatty/Amargosa had one, and Pahrump had one. There were ten members on the committee. October 17, 2023 21. For Possible Action Presentation, discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-30: A Resolution Establishing the Nye County Safety Improvement Subsidy Program-Cont’d.

Commissioner Jabbour

asked if the individuals on the committee were all County employes or if there were members from the public also. Jaynee Reeves advised the committee did not have members of the public. It was a safety committee for the employees, and there was someone on the committee out of the Beatty Justice Court. Tammy Pittman felt when people applied they were putting their unit or their organization in a red flag situation because they knew they had a problem and then management could get upset. She said that was something that would have to be worked on really hard. Cameron Young from Public Works said he was a member of the safety committee and thought this proposal was great.

Commissioner Boskovich

made a motion to adopt Nye County Resolution No. 2023-30, a resolution establishing the Nye County Safety Improvement Subsidy Program; seconded by Commissioner Strickland. Tim Sutton asked for clarification on the amount.

Commissioner Boskovich

amended his motion to adopt Nye County Resolution No. 2023-30, a resolution establishing the Nye County Safety Improvement Subsidy Program, and the amount of $25,000.00; Commissioner Strickland amended her second; 5 yeas. FINANCE 22. For Possible Action Discussion and deliberation to: 1) Determine if sufficient financial resources are available to increase the compensation of Justice of the Peace pursuant to NRS 4.040; for Fiscal Year 2023-2024; 2) Approve, amend and approve or reject increase compensation; and 3) Set effective date. Elizabeth Jordan said this item was on the June 27, 2023, meeting agenda and was pulled at the same time another agenda item was pulled. This one needed to be reviewed by the Board of County Commissioners because the Justices of the Peace fell under a different NRS and were not part of any bargaining unit.

Commissioner Strickland

noted it was 3% across the board, but there was no effective date. October 17, 2023 22. For Possible Action Discussion and deliberation to: 1) Determine if sufficient financial resources are available to increase the compensation of Justice of the Peace pursuant to NRS 4.040; for Fiscal Year 2023-2024; 2) Approve, amend and approve or reject increase compensation; and 3) Set effective date-Cont’d.

Ms. Jordan

asked for it to be effective July 1 2023. Helen Bae concurred with Ms. Jordan and confirmed there were enough funds to cover the 3% effective July 1, 2023, for all of FY24. Brian Kunzi stated nothing in the statute would preclude the Board from making it retroactive.

Commissioner Carbone

made a motion to approve the increase for the Justices of the Peace for the 2023/2024 time period of 3% effective July 1, 2023; seconded by

Commissioner Jabbour

; 5 yeas. PUBLIC WORKS 27. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a Novation Agreement between Nye County, Farr West Engineering and DOWL, LLC for the purpose of transferring the Professional Services Agreement dated February 5, 2019 for the design and replacement of the Gabb’s sewer collection system; and 2) Execute the Agreement. Stephani Elliott explained the Board approved a novation agreement earlier this year when Farr West merged with DOWL, LLC. That novation agreement was specifically for a planning contract. At that time the County had not received any State funding for the Gabbs sewer project. The County had now been approved for and accepted the State Revolving Loan Fund of just over $1 million for that project and was re-initiating the original contract with the what was Farr West, currently DOWL, to continue on with those services.

Commissioner Carbone

made a motion to approve the novation agreement between Nye County and Farr West Engineering and DOWL, LLC, for the purpose of transferring the professional services agreement dated February 5, 2019, and execute the agreement; seconded by Commissioner Strickland; 5 yeas.

Commissioner Carbone

advised the County did provide bags and signs. Title 6 would have to be changed to add a penalty, but he did not know if the County could post a penalty for that. Brian Kunzi said the Board could absolutely put a penalty in the Code. Ammie Nelson said she was very happy with the results of the cloudseeding. She wondered if someone could lobby Clark County to help fund that since they also had a program that could mesh with Nye County’s program. She then talked about drones that were being used to scope out property around the world to steal from and said people needed to be diligent. Lastly, Ms. Nelson discussed the new academy going in on Highway 160 heading to Las Vegas. It would be used to teach postgraduate students how to be pilots for futuristic types of air aircraft and have a 200-room hotel casino. Erika Gerling reminded everyone Beatty Days would be the last weekend in October, 2023. Leah Aldridge said she had discussed multiple times over the past few years with Commissioners Strickland, Carbone, and Cox the idea of a fish pond. She said she flushed her Nevada State fishing license down the toilet last week because the Beatty pond was full of dead fish according to the Sheriff and she could not get an answer as to what happened. She asked two Commissioners who had not gotten back to her yet.

Ms. AId

ridge said there were all kinds of possibilities with a pond. General admission could be charged and there could be paddle boat rentals, fishing tournaments, and a venue for food trucks. She asked the Board to consider building a Pahrump fish pond.

Commissioner Jabbour

said the Commissioners were not aware there was an issue with dead fish in the pond in Beatty.

Ms. Gerling

stated her understanding it was due to the flood events. When all that water came down and washed into the pond it washed a bunch of other stuff in as well. She did not have any official documentation on that, but that was her understanding.

Commissioner Carbone

said that was correct because that was the same answer he got. He had been asking Fish and Wildlife if there was something they could give the County a better answer on and they had not responded yet. The flood kicked up some algae which caused some issues also. He said he had not gotten back to Ms. AId ridge because he wanted the information from Fish and Wildlife. Herman Lewis thought Ms. Aldridge’s idea about a fishing pond was a good idea, but it should be catch and release because he was not sure the Commissioners would want ______________day October 17, 2023 30. 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 (SECOND)-Cont’d. people to consume the fish. It would not be any more expensive than a splash pad and there were a lot of locations where something like that could be put in. As to the development Ms. Nelson talked about, Commissioner Carbone said that was in Basin 162 and she needed to realize that would be water consumed out of that area.

Commissioner Cox

thought the Nye County border needed to be moved further into Clark County as it had been done before to protect Basin 162. Brian Kunzi said the Legislature did that, not the County. There was nothing on the land gotten before, but now it was very valuable land that had solar on it and it would be a bigger fight with Clark County.

Commissioner Strickland

asked staff to add a Nevada flag, a Town of Pahrump flag, and the County flag to the Veterans Memorial as it looked barren just having the American flag there.

Commissioner Jabbour

reminded everyone of the special meeting next Tuesday, and that Beatty Days would be October 27-29, 2023.

Commissioner Jabbour

adjourned the meeting. APPROVED this ATTEST: Of 1y4& Y 2023.