Independent investigative news

Welcome to Nye's Lies

We report on Nye County: the meetings, the money, the water, and what your county government does with all of it.

Everything under Nye County government and resources in the menu is public record, organized so you can actually use it: every meeting and agenda, every bill before the county, water rights, campaign money, what every county employee is paid, and where the budget goes. Dig around. It is all yours.

Alerts only when we publish. Unsubscribe any time.

Public meetings / Board of County Commissioners

November 7, 2023

175 turns, 175 with a named speaker, under 18 agenda items. The words and the names are the county clerk's.

2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.)

Ms. Hollis

most was the missing answers on that questionnaire. She challenged once again the right to qualify agenda items as presentations thus denying the right to public comment. Darryl Lackey talked about the 5G technology. He was in the cellular industry in its infancy. At that time the cell phones used 800-900 MHz as a frequency, which was not that harmful. Then the computers came out using higher frequencies, which was a little bit harmful towards humans. Every wireless router worked at 2.5 gig, which affected people’s attitudes. The 5G was a high frequency which was not good for humans to be around and trees around 5G towers died. Jim Brooks said 5G vibrated close to the frequency of water in the human body which was why people were affected so bad. He then said he moved here after being promised there would never be zoning and the town motto was live and let live. That later changed to move to Pahrump for freedom. Mr. Brooks stated he was in trouble for zoning. People wanted to tear down his house and take everything he owned away. He had been in front of the Board of County Commissioners before where they ruled in his favor, but it was happening again and this time the issue was going to court for the same thing. Mr. Brooks said this needed to stop and people needed to be left alone. November 7, 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. Kay LaPointe announced on Thursday, February 8, 2024, from 5:00 p.m. to 7:00 p.m., a caucus would be held at the Bob Ruud Community Center and at the convention center in Tonopah. Brian Bell, Nye County’s new Safety and Training Officer, introduced himself.

3. CommissionerlManager Comments (This item limited to announcements or

Commissioner Cox

said the Republican primary debate and town hall would be on November 9, 2023 at 5:30 p.m. at the Ruud Community Center. The doors would open at 2:30 p.m. to register and meet and greet the candidates. She said this was not endorsed by any local, state or national Republican Committee.

Commissioner Boskovich

said he would like to see an immediate step toward a moratorium on any cell tower that was not on County-owned property. Most other jurisdictions were being paid lease fees from the towers and it was revenue that the County was missing out on.

Commissioner Carbone

said a workshop for Title 6, the chapter which governed animals within the County, would be held sometime during December, 2023.

Commissioner Strickland

said in addition to the debate on Thursday, there would be an OHV meeting that day at 6:00 p.m. in chambers and the Pahrump Arena Committee would meet at 7:00 p.m. at the Veterans Building. On November 14, 2023, at 5:00 p.m. PLAC would meet, and at 10:00 am. that day the Nye County Water District Governing Board would hold a workshop. Lastly, the Nye County Republican Central Committee meeting would be at 10:00 a.m. on Saturday.

Commissioner Jabbour

thanked everyone who participated and supported the VFW event in Tonopah this past Saturday. He also went to Beatty Days and said it was nice to see a lot of people from throughout the County there.

Commissioner Carbone

said on Veteran’s Day there would be an event from 3:00 p.m. to 4:00 p.m. at the Veterans Memorial Park at the Chief Tecopa Cemetery.

6. 10:00 a.m. For Possible Action Presentation, discussion and deliberation by

Ms. Ryba

explained DIDS worked with the rural counties to create sustainable indigent defense systems. DIDS served under a board on indigent defense services and the board created certain minimum standards that must be complied with by the attorneys. The State knew that creating those minimum standards and asking counties to make those improvements to their indigent defense systems was going to cost extra money so the Legislature put in place the ability for the DIDS board to create the maximum contribution formula, which Ms. Ryba described as a high deductible-health care plan. Once a certain amount was reached anything over and above that was subject to reimbursement. The County would provide quarterly reports to their department which they would then review and provide that reimbursement.

Ms. Ryba

then reviewed some of the changes that needed to be made to have a sustainable system. She discussed the Davis case, which was the ACLU lawsuit brought against the State of Nevada saying that certain counties were not protecting the citizens’ Sixth Amendment right to a public defender properly. In that case the State was able to reach a stipulated consent judgment, but certain things were agreed upon that DIDS had to comply with, and one of the big ones just recently completed was a weighted caseload study. Ms. Ryba said they were asking for changes to be made to the Nye County Indigent Defense Plan to get compliance with that weighted caseload study, which was required by November 1, 2024. It would cost more money to the County, but Ms. Ryba stated the State would keep its promise to pay for those extra costs over and above Nye’s maximum contribution. For FY24 Nye’s maximum contribution was $909,351 .00. Once that was expended and proof was provided to the department, anything over and above that would be reimbursed by the department. Their department for this biennium moving forward had $7 million in its budget to reimburse the rural counties. If that amount was insufficient there was AB51 8, which set aside an extra $13 million because the Legislature knew this was going to be a big November 7, 2023 6. 10:00 a.m. For Possible Action Presentation, discussion and deliberation by — — the State of Nevada Department of Indigent Defense Services regarding: 1) Update on the 2023 Nevada Legislative Session as it relates to Indigent Defense Services; 2) Annual Report of the Department of Indigent Defense Services; 3) State contributions for the provision of Indigent Defense Services; and 4) Maximum workloads for attorneys who provide Indigent Defense Services. (10- minute time Iimit)-Cont’d. haul to request these changes for the rural counties. Another change to the law the Legislature made was AB454. If the appropriation from the general fund was insufficient and the amount set aside by AB51 8 was still insufficient to bring the rural counties whole, AB454 adopted language that said if the DIDS’ appropriation was insufficient they could ask for money from the Statutory Contingency Account and they must give it to DIDS. As to the weighted caseload study, Ms. Ryba said it showed that Nye County needed the equivalent of 12 full-time attorneys working 1,392 hours a year. It was also recommended that Nye County have three investigators as well as six support staff.

Ms. Ryba

said they were requesting by May 1, 2024, the due date for their annual report, that the County set forth how it would comply with the workload and what its plan was, whether by creating a County office, opting into the State Public Defender, contracting with independent contractors, or contracting with firms.

Commissioner Cox

said she was glad to see this happening because one of the biggest complaints she received was the public defenders were not spending enough time with their clients.

Commissioner Boskovich

was happy to see this could potentially help the workload the overburdened public defenders were facing currently. He did not see how it was feasible with that caseload to provide the service they needed to provide.

Commissioner Carbone

hoped this would remedy the problem of people not showing up for court.

Commissioner Strickland

pointed out that in the weighted caseload study Lyon County and Nye County were duplicated in all things. She did not think DIDS had taken a broad enough view of Nye County with the knowledge of how large it was. She would love to see DIDS up the numbers for Nye since they were paying for it anyway and there could be more coverage in the outlying judicial areas.

Commissioner Jabbour

said the caseload was approximately 300 to 350.

Mr. Quails

explained those numbers were from their reporting which they collected via Legal Server, the case management software. He said there was a bit of a Catch 22 in Nye County. It was noted the County’s public defenders were carrying between 300 and 500 cases, which was at least three times if not four times the caseload that they November 7, 2023 6. 10:00 a.m. For Possible Action Presentation, discussion and deliberation by — — the State of Nevada Department of Indigent Defense Services regarding: 1) Update on the 2023 Nevada Legislative Session as it relates to Indigent Defense Services; 2) Annual Report of the Department of Indigent Defense Services; 3) State contributions for the provision of Indigent Defense Services; and 4) Maximum workloads for attorneys who provide Indigent Defense Services. (10- minute time limit)-Cont’d. ought to be carrying. He said this was a starting point which would be revisited annually.

Commissioner Jabbour

asked about the State Public Defenders and how they would fit in versus what there was already in Nye County.

Ms. Ryba

explained to fit under NRS 180 a county had the opportunity to transfer primary representation services to the State Public Defender. There was a deadline for when the County needed to provide that transfer. Another option was to transfer partial representation. She said DIDS would encourage Nye County to consider transferring appellate representation. Another option they would encourage the County to consider was DIDS’ complex litigation unit, which was usually death penalty cases.

Commissioner Carbone

asked if anything Mr. Ryba discussed was happening today.

Ms. Ryba

said yes, and at this point Nye County had not opted into the State Public Defender.

Mr. Quails

said there was a statutory deadline for the opt in, but what they had done in a couple of other counties was recommended a voluntary corrective action to the County to do it outside of the statutory deadline process. Brian Kunzi encouraged the Board to be as aggressive as possible as far as getting defense attorneys. He said when he looked at the data he was shocked at the abysmal number of cases from last year that were closed. He was afraid the County may need more than 12 since it was much larger than Lyon County. Mr. Kunzi also thought the burden for the County’s public defenders actually may be getting greater and not staying static.

Commissioner Jabbour

asked Lorina Dellinger how many public defenders the County currently had in place.

Mrs. Dellinger

said there were six. She had met with Ms. Ryba and Mr. Quails yesterday and talked about the weighted caseload study and the County’s requirements to meet. She had some ideas on how to update the plan to bring the County compliant prior to November 1, 2024, and would bring changes forward for the Board to consider. November 7, 2023 6. 10:00 a.m. For Possible Action Presentation, discussion and deliberation by — — the State of Nevada Department of Indigent Defense Services regarding: 1) Update on the 2023 Nevada Legislative Session as it relates to Indigent Defense Services; 2) Annual Report of the Department of Indigent Defense Services: 3) State contributions for the provision of Indigent Defense Services; and 4) Maximum workloads for attorneys who provide Indigent Defense Services. (10- minute time Iimit)-Cont’d.

Mr. Kunzi

pointed out there had been reluctance in the past to hire law firms and he thought that needed to be reconsidered.

Mr. Ryba

advised the hourly rate in the statute was set in 2003 at $100.00 per hour. At the last legislative session the DIDS Board was given the authority to set the hourly rate by regulation and on November 2, 2023, adopted an hourly rate of $164.00 per hour. She asked the Commissioners when building contracts and looking at the rate of pay to take into consideration that substantial increase. The Board took a brief recess due to technical difficulties.

7. 10:00 a.m. For Possible Action Presentation, discussion and deliberation

Commissioner Strickland

noted on page 31 that Cassie Hall was listed as the chair of the Mineral County Board of County Commissioners, but resigned because she moved out of Mineral County. Pat Minshall would like the RDSBC to look into the old ABIA building in Amargosa. It was falling apart and she was sure there was lead paint in it because it went back to the early 1960s. The roof also needed to be replaced.

Commissioner Carbone

made a motion to approve the Memorandum of Agreement with the exception of having to make a change to Mineral County; seconded by

Commissioner Strickland

; 5 yeas. November 7, 2023

8. 10:00 am. Presentation by Misha Allen and Hayley Maio Extension Educators

Commissioner Carbone

asked about the participation in Beatty or Amargosa.

Ms. Maio

said she was looking for a new leader for the charter club in the Beatty and Amargosa area. In the meantime they were working on continuing the relationships with the library and the schools.

Commissioner Cox

thought this was the best thing for the kids in the County.

12. 10:00 a.m. —For Possible Action Public hearing, discussion, and

Commissioner Carbone

made a motion to issue the outdoor festival license to Jarritt Calicdan for the A Hul Hou Festival on December 30, 2023; seconded by Commissioner Boskovich; 5 yeas.

14. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation

Commissioner Jabbour

opened the public hearing. Talisha Haskew from Factory Home Center said they saw issues like this all the time. Housing had increased, food had increased, and developments had increased, but people’s incomes had not. They had people come with pre-approvals who already owned the land, but they would not be compliant with a manufactured home and there was nothing that Ms. Haskew could do for them. A single-wide would definitely help them get something that was affordable. Scott Shepston, representing Craftsman Homes, echoed much of what Ms. Haskew said. He had people come in on a regular basis who had the space and a development November 7, 2023 13. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2023-14-Cont’d. 14. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill 2023-15-Cont’d. agreement, but limited funds, and Craftsman Homes could not put a single wide in. This change would be quite welcomed.

Commissioner Jabbour

closed the public hearing.

Commissioner Strickland

made a motion to adopt Nye Bill County No. 2023-14 and adopt Nye County Bill No. 2023-15 with an effective date of November 27, 2023; seconded by Commissioner Cox; 5 yeas. 9. 10:00 a.m. Presentation by Tyson Falk regarding an update on the development of the Rhyolite Ridge Lithium! Boron project. (10-minute time limit) Tyson Falk from loneer provided an update on the development of Rhyolite Ridge lithium/boron project. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners.

15. For Possible Action Discussion and deliberation regarding the General

Commissioner Cox

said she had not seen much being done about the weeds, but it was getting to be a fire hazard because they were starting to dry out. She then asked for an update on the bar ditches in the Dandelion and Mount Charleston area.

Mr. Boiling

said he had an idea of a plan, but nothing had been finalized because they needed to do some calculations. They might end up having to go out for bid to get a hydrology study based on the last flooding in that area. The estimation was the culverts were too small underneath the driveways.

Commissioner Boskovich

said he got probably ten calls a week on the potholes and he defended Public Works up one side and down the other with regard to how busy they were. He wanted Mr. Boiling to know that people were very vocal about the pothole situation. He then reminded Mr. Boiling about the stop sign at the corner of Comanche November 7, 2023 15. 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. and Fox where there were two shrubs that had completely blocked the view on Fox.

Commissioner Boskovich

mentioned the mud leftover at Dandelion and said he would love for there to be a way to let people know, whether it was through Public Information Officer Arnold Knightly or something else, where the County was in the process of that.

Commissioner Jabbour

said he had received multiple calls last week regarding the chip sealing done on the other side of the County building in Tonopah. He looked at it and said it was pretty embarrassing. There were streaks and blotches, and three-quarters of the road had no chip seal program. It was obvious from the streaks that the ports may have been clogged. Commissioner Jabbour stated he was not happy with the crew that was sent to Tonopah from Pahrump. He asked Mr. Boiling to take a look at it and wondered where the supervision on the project was.

Mr. Boiling

said the supervision was there, but he was not there, and he would look at it. Helene Williams said when Murphy off of Highway 372 was ripped up it was private property. It had not been fun driving it and there were still cones all over the place. She was promised that it would be taken care of two years ago.

Mr. Boiling

said the owner of the property that the road was moved off had agreed to put a fence up from what Mr. Boiling understood. It was a rush deal by the previous administration, and then they were waiting for NDOT to say they were going to realign their ramp off of Highway 372 onto that road, but they decided not to do that. Mr. Boiling stated he did tell Ms. Williams about six months ago that they would get it done, and they would get it done, but they just had not gotten to that point yet and NDOT would not help.

Commissioner Carbone

thought NDOT needed to be sent a letter. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

16. For Possible Action Discussion and deliberation to: 1) Approve, amend and

Commissioner Carbone

made a motion to approve the lease agreement between Nye County and the Disabled American Veterans Chapter 1 5 and execute the agreement; seconded by Commissioner Jabbour; 5 yeas.

17. For Possible Action Discussion and deliberation to: 1) Appoint one member

Commissioner Carbone

made a motion to appoint Stephen Hall to the Veterans Memorial Committee to the term expiring January, 2026; seconded by Commissioner Strickland; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY

18. For Possible Action Discussion and deliberation to: 1) Approve the

Commissioner Strickland

made a motion to approve and fund from 24101 Beatty General Fund; seconded by Commissioner Boskovich; 5 yeas. November 7, 2023 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

19. CONSENT AGENDA ITEMS These are items that Staff recommend for

Commissioner Strickland

made a motion to approve items 19.1-1 9.2; seconded by

Commissioner Cox

; 5 yeas. 19.2 For Possible Action Approval to: 1) Accept the Federal Fiscal Year 2024 Notice of SubAward (NOSA) from Aging and Disability Services Division (ADSD) in the amount of $44,899.00 to provide senior transportation services in Beatty, Gabbs, Smoky Valley and Tonopah in Nye County; 2) Execute the Subaward; and 3) Fund to 10281 Senior Nutrition.

Commissioner Strickland

made a motion to approve items 19.1-19.2; seconded by

Commissioner Cox

; 5 yeas. The Board was in recess until 2:25 p.m. COUNTY MANAGER

27. For Possible Action Discussion and deliberation to adopt, amend and adopt,

Commissioner Jabbour

said if this moved forward he expected Mr. Skinner to monitor it and come back with a report that the policy was most effective. Tim Bohannon agreed with the monitoring. He would also like to see a measurement of what injuries were preventable. November 7, 2023 27. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-34: A Resolution Establishing a Nye County Safety Program Policy-Cont’d.

Commissioner Carbone

made a motion to adopt Nye County Resolution No. 2023-34 establishing a Nye County Safety Policy; seconded by Commissioner Strickland.

Commissioner Jabbour

asked when the policy would be implemented, to which Mr. Skinner responded immediately.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Cox; 5 yeas. SHERIFF 25. For Possible Action Discussion and deliberation to: 1) Approve the purchase of 95 rifles to be used by deputies for the Sheriff’s Office functions in the amount of $94,240.00; 2) Determine that firearms purchased from 2018-2020 are no longer required for public use; 3) Determine it is in the best interest to dispose of the firearms via trade in for a credit in the amount of $19,975.00 to be used towards the purchase of new firearms; and 4) Fund $37132.50 to 10340 Grants and $37,132.50 to 10232 Forfeitures. Captain Harry Means explained the Sheriff’s Office was looking to replace their rifles which were purchased between 2018 and 2020 from a southern Nevada firearm manufacturer. Since receiving those rifles they had experienced a lot of issues regarding their reliability, such as double feeds, the iron sites not holding zero, and bolts cracking that had to be replaced. Captain Means said they had sent every rifle they had back to the manufacturer to have them worked on and the problems were still occurring. They did a strenuous testing process with eight different rifles and of those eight they narrowed the list down to seven that would meet their needs. Those rifles were ranked November 7, 2023 25. For Possible Action Discussion and deliberation to: 1) Approve the purchase of 95 rifles to be used by deputies for the Sheriffs Office functions in the amount of $94,240.00; 2) Determine that firearms purchased from 2018-2020 are no longer required for public use; 3) Determine it is in the best interest to dispose of the firearms via trade in for a credit in the amount of $19,975.00 to be used towards the purchase of new firearms; and 4) Fund $37,132.50 to 10340 Grants and $37,132.50 to 10232 Forfeitures-Cont’d. based on the preference of the SWAT operators and varied in cost from $979.00 per rifle, which was ranked sixth, to a $2,000.00 rifle that ranked number one. Captain Means said they settled on the rifle ranked third at a price of $992.00. As part of their proposal they would trade in the rifles that they currently had because they were of no use to the Sheriff’s Office.

Commissioner Cox

asked if anyone tried to go back to the company that provided the original guns to get a refund or exchange them. It did not make sense to her to not hold them responsible and she wanted an investigation done. She asked who the gun company was. Captain Means advised it was New Frontier Armory out of Las Vegas. They had been willing to fix the firearms, but there were firearms that had gone back three times and were still not fixed. Some had too much pressure in the gas line, some did not have enough, and they were not able to solve the issue. Captain Means said there was no confidence to trade them in with them for another firearm.

Commissioner Cox

said the company’s license needed to be taken away and asked the District Attorney to look into this. They also needed to reimburse the County.

Commissioner Boskovich

asked if the new proposed supplier provided a warranty, to which Captain Means responded yes.

Commissioner Jabbour

asked Captain Means if he would consider these rifles lemon rifles, to which Captain Means responded yes.

Commissioner Jabbour

wondered if these could be handled as lemon cars were handled. He asked if there was funding somewhere to figure this out and if it was the same company. Captain Means said this was a totally new company. When they started the process earlier in the year the value was $263,000.00, a month ago it had dropped down to $210,000.00, and when he contacted them today it was $238,000.00. He said if nothing was received from New Frontier there was the risk of the trade-in value going down again.

Commissioner Boskovich

said the Board could approve this as is and see if the District Attorney could send a letter. November 7, 2023 25. For Possible Action Discussion and deliberation to: 1) Approve the purchase of 95 rifles to be used by deputies for the Sheriff’s Office functions in the amount of $94,240.00; 2) Determine that firearms purchased from 2018-2020 are no longer required for public use; 3) Determine it is in the best interest to dispose of the firearms via trade in for a credit in the amount of $19,975.00 to be used towards the purchase of new firearms; and 4) Fund $37,132.50 to 10340 Grants and $37132.50 to 10232 Forfeitures-Cont’d.

Commissioner Carbone

did not think the County would get anything from them.

Commissioner Cox

thought the County would protect itself from being accused of trading in bad guns by sending a letter. Tim Bohannon thought the key issue was to have warranties. Eddie Jim said it looked like the lowest bidder was chosen, but that was not always the best. He hoped the money was spent better this next go around.

Commissioner Cox

asked if this went out to bid. Captain Means said they did not find where it went out to bid, and he could not find that the Board of County Commissioners approved the purchases. There was no record of the purchases besides the purchase orders so he did not believe the Board was aware of this purchase or that it went through the standard process.

Commissioner Jabbour

asked since they went to three different firearm companies and rated them if that would be considered going out to bid. Brian Kunzi explained there were exceptions for this type of equipment and these types of purchases did not have to be competitively bid.

Commissioner Carbone

made a motion to approve the purchase of 95 rifles in the amount of $94,240.00, determine that the other rifles could be used as credit in the amount of $19,975.00 to be used towards the new firearms, and fund $37,132.50 to 10340 Grants and $37,332.50 to 10232 Forfeitures. Tim Sutton said based on what Captain Means stated the new trade-in credit for the rifles would be $21 920.00.

Commissioner Carbone

amended his motion to approve the purchase of 95 rifles in the amount of $94,240.00, determine that the other rifles could be used as credit in the amount of $21,920.00 .00 to be used towards the new firearms, and fund $37,132.50 to 10340 Grants and $37,132.50 to 10232 Forfeitures; seconded by Commissioner Strickland with the amendment of the amount or greater than what was in the agenda item; 5 yeas. November 7, 2023 26. For Possible Action Discussion and deliberation to: 1) Ratify Sheriff Joseph McGill’s acceptance of the U.S. Department of Justice grant award in the amount of $314,000.00 to provide funding for body worn cameras. There is a 50% match required of $314,000.00 which will be paid from various Public Safety Sales and Use Tax (PSST) funds; and 2) Fund $314,000.00 to 10340 Grants. Grants and Contracts Administrator Stephani Elliott explained this was a body worn cameras grant very similar to the vests or body worn armor the officers currently wore. This grant was a 50/50 match and would have to go out to bid. Contracts and Purchasing Administrator Honey Strozzi was also looking to see if there might be a government contract already in place Nye could piggyback on. The grant would only pay $2,000.00 per camera and anything above that would be the County’s responsibility. Captain Harry Means stated they were preparing to get official bids for body worn cameras since it was done earlier in the year outside of the normal process. Prices varied, and this only covered the hardware so maybe the bid could be written up in a way to maximize the grant to lower the other cost. They had not chosen the vendor at this time.

Commissioner Strickland

made a motion to ratify the signature for the grant award in the amount of $314,000.00, and to fund an additional $314,000.00 from 10340 Grants; seconded by Commissioner Carbone; 5 yeas. BOARD OF COMMISSIONERS 20. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-32: A Resolution in Support of the Nation of Israel Following Terrorist Attacks by the Hamas Terrorist Organization.

Commissioner Strickland

said there was a very nice event in support of Israel a couple of weeks ago. She was visiting her daughter in California who worked for the mayor of Fresno. They had just put a resolution together and Commissioner Strickland asked for a copy of it, which was in front of the Board now and something she felt needed to be done. Tim Bohannon stated his support of the resolution. Pat Minshall thought the resolution should be rejected because there were innocent people being killed in Gaza. Martin Greenfield talked about how bad the anti-Semitism was now and stated his support of the resolution. Judy Mamka stated her support of the resolution. November 7, 2023 20. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-32: A Resolution in Support of the Nation of Israel Following Terrorist Attacks by the Hamas Terrorist Organization Cont’d. Eddie Jim stated his support of the resolution. Leah Aidridge stated her support of the resolution. Joe Burdzinski stated his support of the resolution.

Commissioner Cox

thought line 4 should read the County of Nye remains steadfast against all forms of anti-Semitism and hate in the County or communities or towns.

Commissioner Strickland

said she would agree with any changes the Commissioners wanted to make.

Commissioner Boskovich

did not think the government should pay for wars when it could not take care of its own people, but terrorism had to be beaten, and war on both sides was an ugly thing.

Commissioner Carbone

said terrorism in itself was bad no matter where it was. He did not see where the resolution talked about terrorism needing to be stopped and it was just talking about Israel and Hamas. He said that was the only thing he had a problem with.

Commissioner Jabbour

agreed that Nye County remained steadfast against all forms of anti-Semitism. The war he stood behind was the war for peace, for a ceasefire, and for the release of the remaining hostages. He did not like the way the resolution was written as it only addressed Hamas.

Commissioner Strickland

noted in the 27 lines of the resolution it stated Nye County stood with Israel, a date of an attack, who the attacker was, and that they were terrorists. It was a flashpoint in history of what happened in Israel and the amount of people who would be affected could not be predicted. She saw no reason to change or work on the document as the issue would not be resolved until the Jews and Palestinians stood together at the Temple Mount. If it was re-written Commissioner Strickland felt it would be a document on terrorism or a document on Israel

Commissioner Jabbour

said it would be both, but focused more on peace, and Israel would absolutely be named.

Commissioner Strickland

made a motion to amend and adopt and change community to County in the fourth stanza of the third page for Resolution No. 2023-32, a resolution in support of the Nation of Israel following a terrorist attack by Hamas. November 7, 2023 20. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-32: A Resolution in Support of the Nation of Israel Following Terrorist Attacks by the Hamas Terrorist Organization Cont’d.

Commissioner Carbone

explained this item was on the agenda last year. The State and country did this for veterans just like blue lights for peace officers.

Commissioner Carbone

made a motion to adopt Resolution No. 2023-33; seconded by

Commissioner Jabbour

; 5 yeas. 22. For Possible Action Discussion and deliberation to identify a funding source for the purchase of one (1) property described as 1871 E. Mesquite Ave., Pahrump, NV, 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. Lorina Dellinger said at the last meeting the Board had considered an updated letter of intent along with the most recent appraisals and staff was directed to bring the item back to identify a funding source. Helen Bae explained because this was not a budgeted item staff looked at the County’s capital improvement budget as well as the Town of Pahrump’s capital improvement budget, which was challenging since this was a little over $1 million. There were some trade-offs that could be made within those two budgets. If the Board chose to pursue this item, the preference would be to reallocate $1 million from the Town of Pahrump Kellogg Park project or reallocate the ERP replacement for $1 million. Unfortunately, Pahrump Buildings and Grounds Manager Jimmy Martinez advised he would encumber the money for the Kellogg Park improvements this year, so that put that allocation out of consideration. The plan would now be if the ERP reallocation was made to purchase this in this fiscal year then the ERP budget would be replenished in the following fiscal year. Ms. Bae said that would be okay because she did not foresee purchasing an ERP without going to out to bid and that took time.

Commissioner Strickland

referred to the resolution in the back-up that had to do with the landfills, specifically the language regarding closures and post-closures financial assurance funds. Those funds did not allow for land purchases so that resolution would be rewritten to allow that as this may not be the only piece of land that would need to be acquired for the landfill. Commissioner Strickland was happy the Comptroller was able November 7, 2023 22. For Possible Action Discussion and deliberation to identify a funding source for the purchase of one (1) property described as 1871 E. Mesquite Ave., Pahrump, NV, 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. to find another funding source and hoped the Commission would move forward with the purchase for a state of the art shooting range and future dump site.

Commissioner Cox

was concerned about the residential in the area and said some people had complained about the noise from the existing shooting range.

Commissioner Strickland

said the shooting would be done in the excavated area 30 feet below the ground so the sound barrier would be significant.

Commissioner Carbone

wondered how long the landfill would last before the County had to do something about it. Public Works Director Tom Boiling said there had been various estimations on that based on current use and fillage of anywhere between 15 and 30 years, but a vertical lateral expansion permit process for the landfill needed to start which would include this acreage. That permitting process would cost $400,000.00. If that not did include the 30 acres, then it would be another $400,000.00 when the 30 acres was acquired. In order to expand the landfill for more than 30 years from now additional land would need to be purchased. Brian Kunzi expressed his concern with the Commissioners finding $1 million to fund this project while staff had been told time and time again there was no money. He had been struggling to find funds to hire a victim advocate to service the people. He was also shoehorned into an office that required probably a little over $100,000.00 to retrofit what was an old file room to give him an area for a victim advocate. He was disturbed by the lectures about having no funds for some very essential needs but yet $1 million was found for this project.

Ms. Bae

said it was a budget challenge and the County should stick to what was stated in the CIP for any fund for the purposes stated here. It was true all of the departments were struggling to make ends meet with their current budgets, which worried her as well because her office had to manage the budget and realistically estimate costs to operate, build, and maintain. Tim Sutton explained this money was not just found. It was money allocated for a particular project which was not as time sensitive as this particular land transfer. The other project was being pushed down the road a bit with the hope of filling the gap some other way. It was essentially trading priorities. November 7, 2023 22. For Possible Action Discussion and deliberation to identify a funding source for the purchase of one (1) property described as 1871 E. Mesquite Ave., Pahrump, NV, 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.

Commissioner Carbone

said this was needed, but he was concerned with taking from someplace else to put here and hoping to find another $1 million or more because the cost of the project would go up.

Commissioner Strickland

said this was a long time coming. The reason for the resolution in the back-up about the landfills money was because the money was sitting in that account. Once that resolution was re-written at staff’s suggestion the money would be reimbursed out of that fund.

Mr. Kunzi

said there was now a legal problem if landfill funds were to be used to fund a shooting range. If the Commissioners thought that was appropriate then he really had a problem.

Commissioner Jabbour

recommended continuing this item, to which Commissioner Strickland responded no.

Commissioner Strickland

made a motion to identify the funding source for the purchase of the property within this agenda item as the ERP and software; seconded by

Commissioner Boskovich

said he was all for the range if this was legal to do and there was money to do it.

Mr. Kunzi

pointed out the talk was about landfill funds, and now it was identified as coming from a data fund, which was mixing apples and oranges. He stated no one supported a shooting range or the Second Amendment more than he did, but to him it was a question of priorities.

Ms. Bae

clarified both would come out of capital funds, which were the only two legal funding sources at this time for a non-budgeted item because it would be an intrafund within the fund reallocation for a capital project. That said, she stated she would never recommend funding this item from a landfill fund or any special revenue fund solely dedicated to specific activities such as opening and closure. The landfill also had an extra stipulation that the Department of Environmental Protection and some other authoritative body had to be brought in to approve any plans, changes, or modifications to the current landfill, be it closing, opening, or even in the future expanding.

Commissioner Boskovich

felt his constituents would say no to this so he could not support it. November 7, 2023 22. For Possible Action Discussion and deliberation to identify a funding source for the purchase of one (1) property described as 1871 E. Mesquite Ave., Pahrump, NV, 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.

Commissioner Strickland

said the Commissioners allocated the capital projects and those could be changed as to where the money would be spent.

Commissioner Carbone

thought the LATCF money should be revisited to see if some funds could be pulled from there.

Commissioner Cox

asked about a grant to pay for a shooting facility.

Ms. Bae

said even if there was money in grants, a lot of them were restricted and had time restrictions. A grant that would give $1 million would be LATCF, but the public still had an opportunity to give feedback on additional projects.

28. For Possible Action Discussion and deliberation to approve, amend and

Commissioner Carbone

made a motion to approve the discontinuing of the 90-day hiring freeze; seconded by Commissioner Cox; 5 yeas. PUBLIC WORKS

34. For Possible Action Discussion and deliberation to: 1) Ratify County

Mr. Tuck

added the urgency was the State had to give the County a notice to proceed before the federal government took the money back.

Commissioner Strickland

made a motion to ratify the County Manager’s signature accepting the grant award and funding to 10340 Grants; seconded by Commissioner Boskovich; 5 yeas. November 7, 2023 NATURAL RESOURCES 29. For Possible Action Discussion and deliberation to recommend nominating Natural Resources and Federal Facilities Interim Manager, Megan Labadie, for possible Governor appointment to the State Land Use Planning Advisory Council. Natural Resources and Federal Facilities Interim Manager Megan Labadie asked for the Board’s support for her possible nomination by the Governor. The position required representation from all 1 7 counties in Nevada and Nye did not have one right now as the previous one was Lorinda Wichman, who retired. Ms. Labadie stated she had already attended every meeting.

Commissioner Strickland

made a motion to recommend nominating Natural Resources and Federal Facilities Interim Manager Megan Labadie to the Governor-appointed State Land Use Planning Advisory Council; seconded by Commissioner Carbone; 5 yeas. PUBLIC PETITIONER

36. For Possible Action Discussion and deliberation to release Benjamin Blue

Mr. Grigory

said Blue was good at the shelter and he was good, if the Commission was as well, with giving him to Mr. Webber. It seemed Blue was only aggressive when he got out and was antagonized by his other owner. The shelter would like the quarantine fee of $1 50.00 as well as the original restrictions given to Mr. Webber, which was on a leash and muzzled anytime Blue was in public as well as an obedience class.

Commissioner Boskovich

asked if there was a sunset clause on the muzzling.

Commissioner Cox

said until the training was completed the dog was to be muzzled and leashed at all times pursuant to Nye County Code Title 6. She asked if Blue had that training.

Mr. Grigory

said no, but Mr. Webber was absolutely willing and wanted to do the training with Blue, and he also had property where he could keep the dog contained.

Commissioner Jabbour

asked if there as a relationship between Mr. Webber and Ms. Grub b. November 7, 2023 36. For Possible Action Discussion and deliberation to release Benjamin Blue “Blue” back to his owner, Summer Grubb or co-owner, Christopher Webber after being detained for biting someone on September 13, 2023 following a 2022 Dangerous Animal Classification-Cont’d.

Mr. Grigory

said at one time they were engaged and were together when they purchased Blue five years ago, but they had broken up and Ms. Grubb took Blue. As a stipulation of the return, Commissioner Carbone wanted to be sure there would be no contact at all forever with Blue and Ms. Grubb if Blue was returned to Mr. Webber.

Mr. Webber

agreed to that and stated for the record he got the dog to stay at home and watch the property, not to be taken to the park.

Commissioner Jabbour

asked Mr. Webber if he was still friends with Ms. Grubb as he knew Ms. Grubb would want to visit Mr. Webber and Blue.

Mr. Webber

said Ms. Grubb got the dog to take it to the park that one day. He had Blue for four months and Ms. Grubb did periodically visit the dog. Brian Kunzi said last year this Board found Blue to be a dangerous dog. Ms. Grubb, the owner of the dog, was ordered to perform training with the dog, and the dog was supposed to undergo bite training and things of that nature, none of which happened. Under the Code when the owner had not complied with the conditions that were put on them the Board could actually order the dog be euthanized, which nobody was suggesting. Mr. Kunzi felt returning Blue to his owner would be very inappropriate particularly given the fact that there had been no training done with the dog or the owner, and clearly they were not complying with the requirements that the dog be muzzled. Although there was a leash on the dog, the leash was not under the control of the owner. Mr. Kunzi believed the Commissioners had the authority to take control of the dog, and one of the suggestions made was for the County to attempt to rehouse this dog after the dog had been properly trained, which he believed was a viable option for the Commissioners to consider. Mr. Kunzi said the reality of the situation, given the circumstances under the Code, was the owner had forfeited any right to the ownership of the dog.

Mr. Webber

stated he would not let Ms. Grubb be around the dog if that was a stipulation. He would abide by whatever the Commissioners said. He just wanted to save Blue.

Mr. Grigory

said during their talks with Ms. Grubb she stated she would give all ownership up to Mr. Webber, and having him go through the full adoption process was one thing that could be done.

Commissioner Strickland

said the necessary paperwork would still have to be done to show the dog was a biter. November 7, 2023 36. For Possible Action Discussion and deliberation to release Beniamin Blue “Blue” back to his owner, Summer Grubb or co-owner, Christopher Webber after being detained for biting someone on September 13, 2023 following a 2022 Dangerous Animal Classification-Cont’d.

Mr. Kunzi

said the owner no longer had any control over what happened with the dog and it was completely up to the Board to decide how they wanted to proceed with what to do with the dog. Given the fact that the owner had not complied and there was another incident, there were certainly issues, but the dog could not be rehomed or anything like that until all of the training was done since the dog was designated as a dangerous dog.

Commissioner Carbone

agreed the proper paperwork had to be prepared stating Mr. Webber had adopted the dog if in fact the Commissioners agreed with Mr. Webber’s request to take the dog and the training needed to be completed. He said he and Mr. Grigory needed to figure out if they did the training before the dog left or some process where the training was being checked on by whoever took ownership of the dog.

Mr. Kunzi

said since this was a situation with another incident with a dangerous dog he did not recommend this dog go to anyone else until it had been trained; otherwise, the Commissioners would potentially create liability for the County because they knew this was a dangerous dog.

Commissioner Jabbour

confirmed with Mr. Webber that Ms. Grubb had visited both him and Blue at Mr. Webber’s house. He also confirmed that Ms. Grubb had never told Mr. Webber the results of the hearing last year and that Mr. Webber rented the property he lived at. Commissioner Jabbour asked Mr. Webber if he was ever present when Blue attacked the seven people that were documented.

Mr. Webber

said he was not, but he was told about them and strongly suggested Ms. Grubb never take Blue to the park again.

Commissioner Carbone

advised he had been in some of the areas where the dog was with other people and the only time it seemed to get aggressive was when Ms. Grubb was being attacked. She would get into an argument and then put the dog out in front of her, but if they were not in that situation the dog was fine. He said he was at the shelter several times with Blue when he worked there.

Commissioner Cox

did not think he was a vicious dog. He was a protective dog and did not know the difference.

Commissioner Jabbour

said he was in favor of having the dog trained and then going through the process.

Commissioner Carbone

thought the Board did not have to make any kind of ruling because the ruling was already made that the dog was a dangerous dog. It was now November 7, 2023 36. For Possible Action Discussion and deliberation to release Benjamin Blue “Blue’ back to his owner, Summer Grubb or co-owner, Christopher Webber after being detained for biting someone on September 13, 2023 following a 2022 Dangerous Animal Classification-Cont’d. Animal Control’s and the shelter’s responsibility to find an owner and make sure it was placed properly.

Mr. Kunzi

advised the Board needed to make a decision that gave direction to Animal Control to move forward because that was the Board’s authority.

Commissioner Carbone

made a motion to release the dog to Animal Control’s authority and Animal Control should go through the process of training and putting the dog up for adoption through the adoption process.

Mr. Kunzi

asked that the motion include that whoever adopted it went through proper training on how to handle the dog.

Commissioner Carbone

amended his motion to release the dog to Animal Control’s authority and Animal Control should go through the process of training and putting the dog up for adoption through the adoption process and that whoever adopted it go through the proper training on how to handle the dog; seconded by Commissioner Strickland; 5 yeas. PLANNINGIBUILDINGICODE COMPLIANCE 30. For Possible Action Discussion and deliberation to determine whether the Business Impact of Nye County Bill No. 2023-13: A Bill proposing to amend Nye County Code Title 5, titled “Business Licenses and Regulations,” Chapter 5.32 titled “Cannabis Establishments,” by amending Section 5.32.050 titled “Medical Cannabis Establishment License Fees,” Section 5.32.055 titled “Adult-use Cannabis Establishment License Fees,” Section 5.32.057 titled “Cannabis Consumption Lounge Establishment License Fees,” by amending the fees pertaining to Initial License Fees, License Renewal Fees, and Monthly Fees, is likely to impose a direct and significant economic burden upon a business, or directly restrict the formation, operation or expansion of a business; and, if so, consider methods to simplify the proposed rule, establish a different standard of compliance for businesses, or modify the fees as set forth in the Bill. Assistant Planning Director Steve Osborne explained this agenda item was just for the business impact statement and the public hearing on the bill would be November 21, 2023.

Commissioner Strickland

made a motion to accept the business impact statement for consideration when Bill No. 2023-13 was heard; seconded by Commissioner Boskovich; 5 yeas. November 7, 2023 31. For Possible Action Discussion and deliberation regarding Nye County Proclamation No. P2023-Il: A Proclamation recognizing November 12th through November 18th, 2023, as Nevada Flood Awareness Week, in Nye County. Floodplain Manager Quiana Medici said this proclamation was to remind everyone about Nevada Flood Awareness Week, which was November 12-18, 2023.

Commissioner Boskovich

made a motion to approve Nye County Proclamation No. P2023-il recognizing November 12-18, 2023, as Nevada Flood Awareness Week in Nye County; seconded by Commissioner Strickland; 5 yeas. PUBLIC WORKS 32. For Possible Action —Discussion and deliberation to approve, amend and approve, or reiect the Nye County Snow Removal Policy. Tom Boiling explained their snow removal policy was they would get a phone call from the Sheriff advising they needed to plow, but it was still snowing and he wondered what good that would do. He understood emergencies, but there needed to be a policy that could be put out to the public so they knew exactly when Public Works would do stuff.

Mr. Boiling

said they reviewed the White Pine County snow removal policy and it seemed to fit Nye just as well. The RTC approved it with one word change and the District Attorney’s Office did not have any problems with it.

Commissioner Jabbour

referred to page 2 of the proposal which stated snow removal would normally commence at the termination of a storm. The priority of the removal would be based on road designations, levels of use, and environmental factors.

Commissioner Jabbour

stated he was in Tonopah during storms and he received the phone calls from people who could not get to work or get their children to and from school because of the dangerous road conditions since no one had been plowing. From experience, Commissioner Jabbour said it was more difficult to remove one or two feet of snow and do it properly. If plowing did not start until after the storm had ended the whole northern part of the County would be handcuffed and stranded wherever they were.

Mr. Boiling

said going to hospitals and that kind of stuff would be done first. If the entire crew plowed all night long and another storm hit the next day he wondered who would plow. He understood the roads should be plowed as the snow hit, but that had to be done in a sensible way. The crews could not start plowing whenever there was one or two inches of snow on the ground because that was not the time. Mr. Boiling understood a foot of snow would require the crews to be to plowing, but two inches they probably did not need to plow.

Commissioner Jabbour

said he would like to see some type of guideline to measure it, like when it was at eight inches the plows needed to go out. November 7, 2023 32. For Possible Action —Discussion and deliberation to approve, amend and approve, or reject the Nye County Snow Removal Policy-Cont’d.

Mr. Boiling

stated this was not a cover all policy and it never would be. They were trying to create a policy which was why the agenda item had an option to amend it.

Commissioner Jabbour

asked Mr. Boiling what he thought was reasonable.

Mr. Boiling

said with the equipment he had, plows and sanders, it would probably be at six inches they would start plowing and all other removal would happen immediately following the storm.

Commissioner Carbone

made a motion to amend and approve Nye County’s Snow Removal Policy by adding into the second bullet snow removal will normally commence at six inches during the storm and immediately after the storm; seconded by

Commissioner Strickland

; 5 yeas. 33. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a modification to Section 1.3 of the Property Lease Agreement between Nye County and Cypress Holdings by amending the legal description to expand the footprint of operations; and 2) Execute the First Amendment to the lease agreement. Darin Tuck explained Cypress Holdings approached the County to see if they could expand their operations on the leased property adjacent to the Tonopah airport, which was the old historical hangar that collapsed a few years ago. They offered to remove the wood from there to use that slab. Mr. Tuck was proposing to move that wood adjacent to that property on the airport property and expanding the lease so they could use the cement area of the old hangar.

Commissioner Jabbour

asked if the wood could be repurposed.

Mr. Tuck

was told it was, but his opinion was different. He understood the wood would be used in different projects in Tonopah.

Commissioner Jabbour

said they could move it, but it would not belong to them.

Mr. Tuck

said that was correct. It would be stored on County property at the airport and would not hinder operations at the airport.

Commissioner Strickland

pointed out that was not in the body of the agreement.

Mr. Tuck

said he was not comfortable with not having an agreement on the removal of the wood. November 7, 2023 33. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a modification to Section 1.3 of the Property Lease Agreement between Nye County and Cypress Holdings by amending the legal description to expand the footprint of operations; and 2) Execute the First Amendment to the lease agreement-Cont’d.

Commissioner Strickland

suggested revising the amendment and bringing it back. She asked if there was any time limit.

Mr. Tuck

said not to the County.

Commissioner Boskovich

did not want any of the wood disappearing.

Commissioner Strickland

said paragraph 2 could read the airplane hangar material shall be removed from the slabs, and then paragraph 2 would become paragraph 3.

Commissioner Carbone

asked if there was something in writing saying they would do that.

Mr. Tuck

said no and asked for direction on how the Commissioners would like to see that. He would like to see it lifted, hauled over, and gently stacked. Brian Kunzi said a separate provision needed to be added to provide for the salvage of the material and how to dispose of it so this item would have to be brought back.

Commissioner Strickland

suggested verbiage of remove the collapsed hangar in a manner of preservation to the adjoining one-acre parcel owned by Nye County.

Mr. Kunzi

added as designated by the County. If the Board approved the language his office would insert it.

Commissioner Strickland

made a motion to amend and approve the modifications to section 1 .3 of the lease with the attached amendment to read remove the collapsed hangar in a manner of preservation to an approved adjacent property as determined by the County and execute the first amendment to the lease agreement; seconded by

Commissioner Boskovich

; 5 yeas. 35. For Possible Action Discussion and deliberation to set a date, time, and location for a Public Hearing to recommend a course of action to the State Engineer for Nevada Division of Water Resources Temporary Applications 92878T and 92940T, per Nevada Revised Statute 533.363.

Commissioner Strickland

disclosed she brokered in water rights, but she had no pecuniary interest in this item. November 7, 2023 35. For Possible Action Discussion and deliberation to set a date, time, and location for a Public Hearing to recommend a course of action to the State Engineer for Nevada Division of Water Resources Temporary Applications 92878T and 92940T, per Nevada Revised Statute 533.363-Cont’d. Tom Boiling said the applications were made to change the point of use for water rights from the Gamebird pit, otherwise known as the Crazy Horse pit. Instead of using it in the Crazy Horse pit they were trucking it to the solar fields in Clark County on Tacoma Road. They had temporary permits to do that previously, but those had expired so they reapplied for them on this one to continue doing that operation. This item was to set a day and time, which would be November 21, 2023, for a public hearing per NRS so the Commissioners could send their opinion to the Division of Water Resources.

Commissioner Carbone

made a motion to set the time and date for a hearing for November21, 2023, in chambers in Pahrump at 10:00 am.; seconded by

Commissioner Strickland

. Brian Kunzi advised the hearing could not be held that day as it had to run in the paper for three weeks.

Mr. Boiling

said it started running in the paper a week and a half ago.

Mr. Kunzi

asked if Mr. Boiling advertised a meeting that was not set.

Mr. Boiling

said yes because they knew what date it would be, but if it had to be pushed out it had to be pushed out.

Mr. Kunzi

asked if his office reviewed the notice.

Mr. Boiling

said yes as far as he knew, but he would have to double check.

Mr. Kunzi

thought it would probably work as long as it had all of the information in it, but he asked to take a look at it. Samantha Tackett advised she worked with Public Works staff on the notice. The draft of the notice was in the back-up and from the conversation she believed the first run date would be tomorrow.

Commissioner Jabbour

asked Mr. Boiling to check last week’s Pahrump Valley Times to see if it ran on Friday.

Ms. Tackett

said after recalling the conversation she thought it did run last week because they were confident the Board would want to have the hearing on November 21, 2023, and also because of the timeframes. November 7, 2023 35. For Possible Action Discussion and deliberation to set a date, time, and location for a Public Hearing to recommend a course of action to the State Engineer for Nevada Division of Water Resources Temporary Applications 92878T and 92940T, per Nevada Revised Statute 533.363-Cont’d.

Mr. Boiling

did not see a problem with holding it on December 5, 2023, and they would put another notice in Friday.

Commissioner Carbone

amended his motion to set the time and date for a hearing for December 5, 2023, in chambers in Pahrump at 10:00 a.m.; Commissioner Strickland amended her second; 5 yeas. BOARD OF COMMISSIONERS 23. For Possible Action Discussion and deliberation to terminate the contract with Andrew Coates, Esg. for Public Defender Services effective immediately.

Commissioner Boskovich

made a motion to terminate the contract immediately with Andrew Coates as one of the public defenders; seconded by Commissioner Strickland; 5 yeas.

38. Commissioner/Manager Comments (This item limited to announcements or

Commissioner Cox

said she had a request to put an item on the agenda to discuss the 5G towers and for someone to look into what was going on with those. She suggested putting it on the November 21, 2023, agenda. Also, she had asked quite some time ago if the outhouses in front of the Ian Deutch Park could be moved to the back of the park as it looked tacky.

Commissioner Boskovich

amended his earlier direction regarding a moratorium on any requirement to have any future cell towers. He had said County land, but it would be County or town owned property so the County would receive the revenue from that.

Commissioner Carbone

said he wanted a moratorium on cell towers on anybody’s land.

Commissioner Strickland

said she would like an agenda item for BLM to put the fence up on Roadrunner. ______________day November 7, 2023 38. CommissjonerlManaqer Comments (This item limited to announcements or topiclissues proposed for future workshops/aqendas)-Cont’d.

Commissioner Carbone

asked County management staff to look at some of the items on the agendas that could be taken care of by staff. He wanted to know what needed to be done to allow that to happen.

39. ADJOURN

Commissioner Jabbour

adjourned the meeting. APPROVED this ATTEST: Of , 2023. &Aa-m Chair F Nye Cou\ty Clerk / Deputy In accordance with Nes ada Kevised Statutes anti ye I.. ounty I. oOe as an owner 01 ProPeflY in:u is iocatcu wiwin iuu icci ui nie suujc property. you arc hereby notitied that a Public hearing vill be held on the matter referenced below. The Pahrnmp Regional Planning Commission of the County of Nyc, Stale of Nevada, will hold a Public Hearing on November 15, 2023 at 6:00 p.m. or soon thereafter. Location: 80CC Chambers 2100 E Walt Williams I)rive, Pahrurnp, NV 89048 NOTICE IS HEREBY GIVEN that application will be heard by the Pahrump Rcional Plannin2 Commission: For Possible Action CU-23- — 29: Public Hearing, (liscussion, and deliberation on an application thr a Conditional Use Permit to allow a 125-foot Monopole Wireless Facilii.’. on a Commercial Manufacturing (CM) zoned parcel located at 2340 V. Bell Vista Avenue. Assessor’s Parcel Number 029-523-1 5. Searles Family Trust Property Owner. Reginald l)estrce — Agent/Applicant. (This item is Final Action by the Pahrump Regional Planning Commission unless appealcd.to the Board of County Commissioners, or as otherwise announced) . Subject to teclmical di t1iculiis people may participate by calling 1 —480—660- 534() and entering access codël’47326. Please proide your lirst and iast name wh.n promptt.d Commntcrs. must press s * on tekphonL kL\ p ids t notmt staff they wish to speak. Written comments may he addressed to the Nyc Count>’ Planning l)epartment. by c—mail to planningiInyecomntynv.gov (please place the application number[sl indicated in this notice in any comTcspondence). Comments must be received no later than the Tuesday the week before the meeting to he included in the Planning Department staff report supplied to the Planning Commission. Whether or not you choose to comment in writing you always have the option to call and make your comments verbally. **l)le1se contact Nyc Count Planning with questions 775-751 -4247k 4 - Opposing tile installation 01125 loot Monopole Wireless Facility. (SC Tower) 2340 West Bell Vista Ave ATTACHMENT I I t