November 21, 2023

Mr. Moeller

said he could not find anywhere that the Yellow Pine Solar Project provided any electricity to Pahrump and allowing Clark County these temporary permits would November 21, 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. only begin to cripple Pahrump. Allowing those permits would also open the doors to many others who did not have Pahrump’s interests at heart.

Commissioner Boskovich

said a long time ago he asked staff to figure out how to limit the amount of animal breeder permits the County allowed. He did not think he ever heard back and asked staff to follow up on that. He had also worked with Tom Waters on figuring out a way to use plaques to honor people that deserved to be honored.

Commissioner Carbone

said about a month ago he asked the Treasurer to put together a report for the investments. Each one of the Commissioners got a copy of that which showed exactly what the investments were and the dates those investments would mature. The Treasurer would update it on a constant basis and it was available for anybody’s review. As to the animal permits, Commissioner Carbone said the issue was being worked on.

Commissioner Strickland

gave a shout out to Paula Elefante for a fantastic Powwow this past weekend. She asked staff to put together a letter of non-support for Let’s Go Lithium in Ash Meadows.

Commissioner Jabbour

said the residents of the County needed to assist with that as well. He mentioned the nice events to honor the veterans that were held. Tim Sutton said the Title 6 amendments were available for the public to comment on at www.nyecountynv.qov under the Board of County Commissioners. He then discussed the minor modifications made to the agenda that would hopefully assist the Commissioners and the public to follow along.

Commissioner Carbone

said a lot of good data came out of the NSSAB meeting, including well metering activities of what was coming off the site. He would like to get the documentation showing that as it was a possible problem by Beatty. November 21, 2023

Commissioner Strickland

asked Ms. Powers in the future to provide a single page summary of the prior month when she provided her reports for comparison.

Commissioner Jabbour

commented page 3 of the investments showed millions but not hundreds of millions of dollars.

Ms. Powers

said if Commissioner Jabbour found it to please let her know. She would be happy to add it, but it did not exist. All of the funds reflected in the checking and investment accounts were reflected in Eden and were part of the budget projections and budgets assigned to each department. The money was spoken for. Tim Bohannon thought it would be beneficial if encumbrances were shown in the reports. He also thought an internal audit or forensic audit should be done periodically.

Ms. Powers

explained the Treasurer’s report and bank reconciliation were strictly cash going in and cash going out and had nothing to do with encumbrances.

Commissioner Strickland

disclosed she was a well drilling contractor, but she had no pecuniary interest in the project.

Commissioner Cox

asked if the Pahrump fairgrounds water and well improvements included the electricity.

Ms. Elliott

said it would mostly be electricity, but it would include a secondary well and she would make sure the application was updated. November 21, 2023 8. 10:00 a.m. For Possible Action Fiscal Year 2024 Community Development — — Block Grant (CDBG) 4th Public Meeting-Cont’d.

Commissioner Strickland

noted the out of pocket costs for the Amargosa project would be between $1 1,000.00 and $32,000.00 and asked Helen Bae if a funding source had been identified for that.

Mrs. Bae

advised it would come from the Amargosa town budget for their CIP and adding the $32,000.00 into the FY25 budget should be considered.

Commissioner Jabbour

did not think force ranking these projects was comparing apples to apples right now. He felt the Board could make a better decision when CDBG made their determination. He asked Ms. Elliott in her professional opinion if CDBG would agree to fund the Amargosa project because it was an expensive cost.

Ms. Elliott

said more than likely yes. It was for a good purpose and a great need, and it fit into the low- to moderate-income levels in Amargosa.

Mrs. Bae

believed the cost to make the Amargosa restrooms ADA compliant should be budgeted in its entirety in FY25 regardless of grant funding as it was a need and it was the County’s responsibility to meet ADA requirements. If Amargosa could not fund it entirely funding would be found. The County could then try for the $720,000.00 for the Pahrump fairgrounds, which was less of a priority and was not an ADA mandated initiative.

Commissioner Strickland

did not want to even asked CDBG for the Amargosa funding since the County would take that on and asked the Commission to consider just moving forward with the well project.

Commissioner Boskovich

said he would rank the fairground number one understanding that the County would complete the Amargosa project regardless. Brenda Dymond from the Amargosa Valley Town Board said they would thank the County for funding their project.

Commissioner Strickland

said there was $3.6 million in the fairgrounds fund. If the full amount was not received from CDBG that fund could be used.

Commissioner Carbone

made a motion to rank the Pahrump electrical and water first and Amargosa second; seconded by Commissioner Strickland.

Commissioner Cox

suggested communicating with Valley Electric to see if they would like to be community partners and fund whatever was needed to finish the project for the water and the well out of the $10 million they owed the County. November 21, 2023 8. 10:00 a.m. For Possible Action Fiscal Year 2024 Community Development — — Block Grant (CDBG) 4th Public Meeting-Cont’d. Jeffrey Moeller felt more information should be obtained on whether they would contribute before the Board voted on this.

Commissioner Carbone

clarified the Board was not voting for Valley Electric to do anything. They were trying to set the priorities.

Commissioner Strickland

disclosed she had a storage facility, but she did not feel like this was a conflict and believed she could participate in this item. Planning Director Brett Waggoner said a waiver application was taken to the RPC for several of the development standards. A couple of them were approved, although he had since learned they should not have waived the landscape requirement and the screening requirement did not get approved. After further review there was a requirement for a block wall just because that was pretty typical with mini-storage facilities, but the difference with this was that the majority of the other mini-storages were either in neighborhood commercial or general commercial where this one was in commercial manufacturing. Commercial manufacturing required opaque screening when it was for vehicle storage. It did not have a requirement for an actual block wall so the offer for the chain link with slats would be applicable. The landscaping was still a development standard requirement.

Commissioner Strickland

thought maybe some of the codes needed to be changed because people had to put in landscaping and block walls, but there was nothing in the Code about maintaining those.

Commissioner Carbone

said there had been discussion about this and the Director had been asked to put a couple of those items on the next RPC agenda. November21, 2023 9. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation — — on AP-23-4: An Appeal of the Pahrump Regional Planning Commission’s denial of the following items relating to Waiver application WV-23-8 on property located at 2340 and 2400 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Numbers 035- 265-03 and 035-265-02. Storage Ventures, LLC Property Owner; Civilwise Services AgentlAppellant-Cont’d.

Commissioner Jabbour

asked what they were exactly required to do for landscaping.

Mr. Waggoner

explained with any commercial development there was a certain percentage of landscaping required of the overall gross acreage, like 1 5%, for beautification purposes.

Commissioner Jabbour

clarified his question was what the applicant was being required to do and what the definition of landscaping was.

Mr. Waggoner

said they were required to do 15% landscaping, and landscaping meant irrigated with drought tolerant plants with some allowances for artificial.

Commissioner Jabbour

asked if it included desert landscaping.

Mr. Waggoner

said no, but that had been allowed in the past. Bill Cookston from CivilWise Services and Paul Lindquist from Storage Ventures were present.

Mr. Cookston

understood the landscaping requirement was 10% so that was what his numbers were based on. To determine the amount of landscaping the square footage of the building was subtracted from the square footage of the property and then it was 10% of that. If their calculations were correct, just over 16,000 square feet would have to be landscaped. Their proposal was to landscape the 8,000 square feet between the fence and the edge of the property towards the road, which would be 5% overall. Mr. Cookston said the property really did not have any other areas to landscape to meet the 10%. He then asked the Commission how they wanted to handle the block wall waiver request as it sounded like they were in compliance with the fence and he wondered if the request should be withdrawn. Maria Zlotek advised the Board to continue with the appeal on the block wall.

Mr. Lindquist

said they had been around for about 20 years and were just awarded the best storage facility in Pah rump because of the services they offered. They wanted to comply with the Code as much as they could, but they also wanted to make it as economic as possible for them to do that. As to the landscaping, he said they were at the end of the road and did not have the excess land to meet the County’s requirements and not lose the driveway. Mr. Lindquist also questioned the need for landscaping November 21, 2023 9. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation — — on AP-23-4: An Appeal of the Pahrump Regional Planning Commission’s denial of the following items relating to Waiver application WV-23-8 on property located at 2340 and 2400 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Numbers 035- 265-03 and 035-265-02. Storage Ventures, LLC Property Owner; Civilwise Services AgentlAppellant-Cont’d. requirements when there was such a shortage of water. As to the block wall, they already had a six foot chain link fence there and would like to just screen that.

Commissioner Boskovich

asked Mr. Waggoner what his thoughts were on their request to just landscape the front portion.

Mr. Waggoner

said he did not have the authority to grant administrative waivers over 10% so that would have to actually come from the Commissioners.

Commissioner Cox

said putting block walls up in Pahrump was very difficult due to the ground issues. She supported doing the screening on the fencing and she would like to see the Code changed to just do that. As to the landscaping, she did not think it was money- or water-wise to force anyone to put anything outside of rock to hold the dirt down.

Commissioner Jabbour

asked if there was an existing well on the property and the applicant nodded in the affirmative. He then stated the 10% was non-negotiable. He was willing to debate and fight for the water issue, but he would not negotiate the percentage of the landscaping.

Commissioner Jabbour

opened the public hearing. Helene Williams said the Water District Governing Board discussed this issue last Tuesday. They supported commercial using less water and she thought the recommendation for desert landscaping was ideal. Pat Minshall agreed with desert landscaping as well as the use of metal sculptures. Ken Brady thought this was one of the best examples of letting a building code dictate bad policy and that the Board needed to pursue what was reasonable in a desert area where water was a really critical resource.

Commissioner Jabbour

closed the public hearing.

Mr. Waggoner

confirmed that for commercial, multi-family, and industrial the total landscape area required must not be less than 10% of the net lot area.

Commissioner Carbone

made a motion to accept the waiver waiving the codes for landscaping requirements. November21, 2023 9. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation — — on AP-23-4: An Appeal of the Pahrump Regional Planning Commission’s denial of the following items relating to Waiver application WV-23-8 on property located at 2340 and 2400 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Numbers 035- 265-03 and 035-265-02. Storage Ventures, LLC Property Owner; Civilwise Services AgentlAppellant-Cont’d.

Ms. Zlotek

advised that because this was an appeal the Board had to affirm, reverse, or modify, and address each of the appeals separately.

Commissioner Carbone

made a motion on item 9.a. to reverse the RPC’s findings regarding waiving landscape for this particular site because something different could be done regarding the landscaping of 10% using non-living, decorative rock, or plants that were drought tolerant, and on 9.b. reverse the RPC’s findings regarding block wall versus chain link as the zoning was acceptable for the slatted fence; seconded by

Commissioner Boskovich

asked if the Board was modifying rather than reversing.

Commissioner Carbone

amended his motion on item 9.a. to modify the RPC’s findings regarding waiving landscape for this particular site because something different could be done regarding the landscaping of 10% using non-living, decorative rock, or plants that were drought tolerant, and on 9.b. reverse the RPC’s findings regarding block wall versus chain link as the zoning was acceptable for the slatted fence; Commissioner Strickland amended her second.

Commissioner Strickland

wondered if the applicant had enough area left to do 16,000 square feet with his current site development plan.

Mr. Cookston

said there were two parcels and going above 10% on the lower parcel would start taking away from drive aisles. On the upper parcel 10% could be put in, but it would be landscaping back into the property where nobody would see it from the outside anyway. It would be easier with the 5%.

Commissioner Jabbour

asked if the motion could be amended to add with the exception of the drive aisles.

Mr. Waggoner

said they would not have to landscape drive aisles. There were setback requirements around the entire property and there was plenty of room around the perimeter of the property for landscaping.

Mr. Lindquist

asked what the point was of putting gravel or non-desert landscaping in the back or the side where no one would see it except that it would meet the Code and cost a lot of money. He felt landscaping should be to enhance the property visually for the general public. November 21, 2023 9. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation — — on AP-23-4: An Appeal of the Pahrump Regional Planning Commission’s denial of the following items relating to Waiver application WV-23-8 on property located at 2340 and 2400 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Numbers 035- 265-03 and 035-265-02. Storage Ventures, LLC Property Owner; Civilwise Services AgentlAppellant-Cont’d.

Mr. Cookston

said the requirement was 10% and they were requesting 5%.

Commissioner Carbone

amended his motion on item 9.a. to reverse the RPC’s findings regarding waiving landscape for this particular site because something different could be done regarding the landscaping of 5% using non-living, or decorative rock, or plants that were drought tolerant, and on 9.b. reverse the RPC’s findings regarding block wall versus chain link as the zoning was acceptable for the slatted fence; Commissioner Strickland amended her second; 5 yeas.

Commissioner Carbone

made a motion to continue this item to the Pahrump meeting 90 days from today; seconded by Commissioner Boskovich.

Commissioner Jabbour

asked for a date. Samantha Tackett said it would be February 21, 2024, or March 19, 2024.

Commissioner Carbone

amended his motion to continue this item to March 19, 2024;

Commissioner Boskovich

amended his second; 5 yeas. November 21, 2023

Commissioner Carbone

made a motion to accept additional back-up; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Jabbour

said this item would be reopened after lunch with the additional back-up.

Commissioner Carbone

made a motion to approve consent agenda items 14.1-14.5; seconded by Commissioner Strickland; 5 yeas. 14.2. For Possible Action Approval of the meeting minutes from the ioint meetings on September 19 and October 10, 2023.

Commissioner Carbone

made a motion to approve consent agenda items 14.1-14.5; seconded by Commissioner Strickland; 5 yeas. November 21, 2023 14.3. For Possible Action Approval of Assessor’s Office Change Requests to allow the Nye County AssessorlTreasurer to process and: I 4.3.a. Issue a refund in the amount of $1,644.88 to the Edward A. Adair Trust, owner of 1271 E. Haviland P1., Pahrump, NV, Assessor’s Parcel Number 033-211-18. 14.3.b. Issue a corrected tax bill in the amount of $1,830.16 to The Andy Jordan 2001 Trust, owner of 2771 S. Barney St., Pahrump, NV Assessor’s Parcel Number 041-531-16. 14.3.c. Issue a corrected tax bill in the amount of $1,253.77 to Nazario L. Barraza, and Candise Henry, owners of 3850 S. Vanguard Ave., Pahrump, NV, Assessor’s Parcel Number 040-592-07. 14.3.d. Issue a corrected tax bill in the amount of $454.61 to the Milligan Family Trust, owner of 121 Montecito Dr., Pahrump, NV, Assessor’s Parcel Number 035-616-40. 14.3.e. Issue a refund in the amount of $3,304.92 to Joaquin Torres, and Maria Elena-Grajeda, owners of 1441 N. Appaloosa Ln., Pahrump, NV, Assessor’s Parcel Number 036-031 -34. 14.3.f. Issue a refund in the amount of $557.33 to Joaquin Torres, and Maria Elena-Graieda, owners of 1351 N. Appaloosa Ln., Pahrump, NV, Assessor’s Parcel Number 036-031 -35.

Commissioner Carbone

made a motion to approve consent agenda items 14.1-1 4.5; seconded by Commissioner Strickland; 5 yeas. 14.4 For Possible Action — Approval of: 14.4.a. The online Trust Property auction held on September 5 through September 7, 2023 for properties that did not sell during auctions in previous years; and 14.4.b approval of Return of Sale and Affidavits of Publications per NRS 361 .595.

Commissioner Carbone

made a motion to approve consent agenda items 14.1-1 4.5; seconded by Commissioner Strickland; 5 yeas. 14.5 For Possible Action Approval to adopt Nye County Resolution No. 2023-35: A Resolution directing the County Assessor to prepare a list of the taxpayers on the 2024-2025 secure tax assessment roll in Nye County, NV and directing distribution of the same.

Commissioner Carbone

made a motion to approve consent agenda items 14.1-1 4.5; seconded by Commissioner Strickland; 5 yeas. November 21, 2023 COUNTY MANAGER

Commissioner Carbone

made a motion to ratify the County Manager’s selection; seconded by Commissioner Strickland. Erika Gerling stated her support of the County Manager’s decision. Tim Sutton said five applications were received. Three were qualified, but one of them dropped out. Two were interviewed after which the decision was made to appoint Ms. Labadie.

Commissioner Strickland

asked how much financial manpower this would require.

Mr. Dellinger

said the anticipation was it would reduce that. It would now be through OpenGov so the process was streamlined and less manpower would be required to track down the officials that had to review the applications.

Commissioner Jabbour

opened and closed the public hearing.

Commissioner Carbone

made a motion to adopt Bill No. 2023-22 and accept the amended bill; seconded by Commissioner Strickland; 5 yeas. November21, 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. 2023-20: 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 thereof; and other matters properly relating thereto. Lorina Dellinger said this bill was following suit with changing the department responsible for accepting the outdoor festival applications from the Clerk to Administration.

Commissioner Strickland

pointed out there was an arena committee connected to one park and she thought that needed to be in the loop for approval.

Mrs. Dellinger

explained that was included in a separate item that it would be noted if this was reviewed by some sort of governing party to a facility. The Code applied County-wide to areas that the arena did not oversee. Through the application process was where the arena committee or some other entity would come in.

Commissioner Strickland

said the arena committee kind of did the same thing that Jimmy Martinez did with field allocations and she thought that should be included in the bill.

Commissioner Carbone

said it would be in the application.

Commissioner Jabbour

said the bill was just replacing the Clerk with the Licensing Department.

Commissioner Jabbour

opened and closed the public hearing.

Commissioner Carbone

made a motion to adopt Bill No. 2023-20 and approve the amended bill; seconded by Commissioner Strickland; 5 yeas. COUNTY MANAGER

Commissioner Jabbour

knew an application was required if 1,000 or more attendees were expected. He wondered about groups less than 1,000.

Mrs. Dellinger

said that would depend on the community they would hold the event in and what their requirements were. Sam Tackett advised the Pahrump Code identified a major event as an expectancy of attendance of at least 500 people. The County did not have provisions for 200 or 300 people, but the application asked how many were expected to attend. The town staff worked with the other departments to make sure that they were aware of what was going on.

Commissioner Jabbour

did not want the perception to be that 250 people could just take over the park without communicating and he wondered how to prevent that.

Mrs. Dellinger

said that would be easier for the Town of Pahrump and she would work with the towns outside of Pahrump as they were the ones who would need to be contacted if someone wanted to reserve a park.

Commissioner Carbone

thought Commissioner Jabbour wanted this to cover everything and it did not do that.

Mrs. Dellinger

agreed it did not. She could approach the other communities to see if they would work with the County on their park reservations, but right now that was under their management. She would also reach out to be sure both Administration offices realized when there was an application requested for an outdoor festival or any inquiry they would have the town policies on hand and the applicants would be instructed to contact those towns.

Commissioner Carbone

wondered how he would know if the appropriate people had signed off on the application as well as if 1,000 was the right number.

Commissioner Strickland

really thought a section was needed regarding using the arena and contacting the arena committee.

Commissioner Jabbour

said the arena committee was under the town while this was a County outdoor festival license.

Commissioner Carbone

suggested continuing this item to make changes.

Mrs. Dellinger

pointed out on page 12 of the marked up version of the application the event information, name of event, location, property use agreement/rental application November 21, 2023 19. For Possible Action Discussion and deliberation to approve, amend and approve, or reject the Nye County Outdoor Festival License Application Packet Cont’d. required would be where the arena committee approval came in. Also, they could not submit the application until they had done that and the application would stop in OpenGov if the required information was not attached. Helene Williams felt when someone wanted to have a gathering they did not think it was an event and the application was required for an event, not a gathering.

Commissioner Boskovich

thought the number was too high.

Mrs. Tackett

explained in the Code just adopted assembly was defined as persons gathered together for any purpose at any location or any series of locations other than in a permanent building or permanent installation which had been constructed for and would accommodate the number of persons gathered therein, which she thought was pretty clear. Both Commissioners Boskovich and Carbone thought 500 was a better number.

Commissioner Strickland

suggested 1,000 or more to be approved by the Board and 500 to 1,000 couTd be approved by staff. Emergency Management Director/Fire Chief Scott Lewis explained 1,000 was the driver for possible law enforcement and fire/EMS presence and it did not consider the overlap of different activities occurring. He thought there was merit in both discussions and just needed to dig a little deeper as to what the expectations were based on the numbers given for an event, gathering, or assembly. Tim Sutton stated NRS 244.3542 specified that a license was required when there were 1,000 or more individuals, which was where that trigger came from. Nothing said the Board could not set that lower, but he was not sure it could be done today.

Commissioner Jabbour

liked Commissioner Strickland’s suggestion.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Carbone.

Commissioner Carbone

directed staff to make the changes discussed for the number of attendees.

Commissioner Carbone

asked what fund this came out of.

Mrs. Bae

said it was charged to the regular 10101 Building Maintenance. She checked to make sure that the fund could absorb it and it was right on track.

Commissioner Carbone

made a motion to approve the unbudgeted Financial Analyst Grants position with 65% coming out of 10101 and 35% out of 251 01; seconded by

Commissioner Strickland

; 5 yeas. November 21, 2023 BOARD OF COMMISSIONERS 15. For Possible Action — Discussion and deliberation to: 15.a. Approve the purchase or exchange or a combination thereof of a portion of a 10-acre parcel described as 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; 15.b. Propose compensation for the property to the property owner based on the appraisal in the amount of $1250000.00 compensation to include Nye County owned property more particularly described as 1683 E. Calvada Blvd., Pahrump, NV. Assessor’s Parcel Number: 042-051 -37, including improvements thereon with a Fair Market Valuation of $610,000, 1595 E. Calvada Blvd., Pahrump, NV. Assessor’s Parcel Number: 042-051-38, including improvements thereon with a Fair Market Valuation of $61 0,000, and remaining balance of $30000 with a funding source to be determined by the Comptroller; and 15.c. Direct staff to prepare and record the documentation necessary to transfer the property.

Commissioner Strickland

disclosed she was a licensed real estate broker and had no pecuniary interest in this item. Lorina Dellinger said roughly eight of these had been before the Board this year. This request was to move forward with the sale with the compensation to be determined by the Comptroller for the balance of $30,000.00.

Commissioner Strickland

said the Floyd Family had begun the parceling process which was why the parcel number was to be determined. They also did a soils report on the Calvada property.

Commissioner Jabbour

asked Helen Bae if the funding source had been determined.

Mrs. Bae

said the recommendation was to take the $30,000.00 from the ARPA remainder shown on the other agenda item which had a balance of $670,000.00, and the $30,000.00 met the criteria as it was for expansion of emergency management needs.

Commissioner Strickland

made a motion to approve the purchase or exchange the combination of a portion of 10 acres described within the body of the agenda item with the Assessor’s Parcel Number to be determined, and that the Comptroller had identified the funding source as being ARPA funds. November 21, 2023 15. For Possible Action — Discussion and deliberation to-Cont’d: 15.a. Approve the purchase or exchange or a combination thereof of a portion of a 10-acre parcel described as 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; 15.b. Propose compensation for the property to the property owner based on the appraisal in the amount of $1,250,000.00, compensation to include Nye County owned property more particularly described as 1683 E. Calvada Blvd., Pahrump, NV. Assessor’s Parcel Number: 042-051-37, including improvements thereon with a Fair Market Valuation of $610,000, 1595 E. Calvada Blvd., Pahrump, NV. Assessor’s Parcel Number: 042-051-38, including improvements thereon with a Fair Market Valuation of $610,000, and remaining balance of $30,000 with a funding source to be determined by the Comptroller; and 15.c. Direct staff to prepare and record the documentation necessary to transfer the property. Michelle Nelson asked that the motion be modified to include the Assessor’s parcel numbers of the property being exchanged and also direct staff to prepare the documentation necessary.

Commissioner Strickland

amended her motion to approve the purchase and exchange, which was a combination thereof of 10 acres described as 1 71 N Floyd Drive, Assessor’s Parcel Number to be determined, the value of $1 .25 million taken from 1683 E. Calvada Boulevard, APN 042-051 -37, including the improvements thereon, deemed as $610,000.00, 1591 E. Calvada Boulevard, APN 042-051-38, including improvements thereon at $610,000.00, the remaining $30,000.00 to be determined by the Comptroller, and direct staff to prepare and record the documentation as necessary to transfer the property; seconded by commissioner Carbone.

Commissioner Strickland

amended her motion to approve the purchase and exchange, which was a combination thereof of 10 acres described as 1 71 N Floyd Drive, Assessor’s Parcel Number to be determined, the value of $1.25 million taken from 1683 E. Calvada Boulevard, APN 042-051-37, including the improvements thereon, deemed as $610,000.00, 1595 E. Calvada Boulevard, APN 042-051-38, including improvements thereon at $61 0,000.00, the remaining $30,000.00 to be determined by the Comptroller, and direct staff to prepare and record the documentation as necessary to transfer the property; Commissioner Carbone amended his second; 5 yeas. November 21, 2023 16. For Possible Action — Discussion and deliberation to: 16.a. Approve 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 a shooting range and future Pahrump landfill expansion needs; 16.b. Approve compensation for the property to the property owner based on the appraisal in the amount of $1,080,000.00; 16.c. Fund from Fund 10401 Capital Projects County; and 16.d. Direct staff to prepare and record the documentation necessary to transfer the property. This item was removed from the agenda. 11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2023-13: 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; and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto-Reopened. Assistant Planning Director Steve Osborne and Brett Waggoner were present.

Mr. Osborne

said the major changes in the bill had to do with the licensing fees. The bill proposed an increase for the initial license fee regardless of whether it was for a cultivation or production facility or a dispensary by five times, so a $1 5,000.00 initial license fee would go to $75,000.00, etc. The bill also proposed to double the renewal fees, so a $2,500.00 renewal fee would go up to $5,000.00. The other major change was the fee that was based on the annual sales. Currently that was 2% and the bill proposed to increase that to 3%, and collection on monthly sales was changed to quarterly.

Commissioner Jabbour

asked if existing businesses were grandfathered in if this passed.

Mr. Waggoner

said yes. The change just defined the process better, but they would be required to pay the new renewal fee.

Mr. Osborne

then reviewed the changes in revenue to the County with the new fees. November 21, 2023 11. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or relect 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; and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto-Reopened-Cont’d.

Commissioner Boskovich

did not think more licenses should be issued but rather the existing ones should be protected. He was also not interested in eliminating licenses, but he did not think it was right that it was much less expensive for the facilities to operate in Nye County than anywhere else in the State.

Commissioner Cox

asked if the money collected was kept by the County or if a certain amount had to be paid to the State. Helen Bae advised the County kept all of it.

Commissioner Cox

was not sure if the companies could stay in business if the fees were raised this much.

Commissioner Jabbour

mentioned the substantial State taxes associated with this industry.

Commissioner Jabbour

opened the public hearing. Kouanin Villa from Greenlife Productions said independent and social equity applicants had to purchase their product from a dispensary so to be charged the same way as a dispensary was a little out there for them. If the Board moved forward with the bill Ms. Villa was afraid it would hinder her opening time. She suggested the County charge the same fees as the State did and break it down into tiers dispensaries that were guaranteed a license $100,000.00, independent license holders that had to purchase product from a dispensary $1 0,000.00, and the social equity applicants $2,500.00. John Harp from Happy Cabbage said they would be the first business to be charged $50,000.00 both for medical and recreational. Currently they would pay $10,000.00 so obviously that was a significant hit to small businesses trying to start. Their cultivation center was also smaller than the other two in Pahrump and he thought the ability to produce needed to be taken into consideration. Steve Cantwell from Greenlife Productions cautioned the Board on making any moves to raise taxes. As more facilities opened up the price of cannabis was going down. He November 21, 2023 11. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2023-13: 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 5.32057 titled “Cannabis Consumption Lounge Establishment License Fees,” by amending the fees pertaining to Initial License Fees, License Renewal Fees, and Monthly Fees; and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto-Reopened-Cont’d. thought the Board should also take into consideration their biggest challenge, which was the illicit market and hurting legal businesses.

Commissioner Jabbour

closed the public hearing.

Commissioner Boskovich

thought it should be uniform. He also thought raising the tax to 3% would affect the other fees and suggested raising them half of what was being proposed.

Commissioner Jabbour

said he came up with $35,000.00 when he did the math based on the numbers in other jurisdictions and the population in Nye.

Commissioner Strickland

said as a small community she was comfortable with $20,000.00 like Mesquite and Las Vegas. She asked if everyone agreed on the 3% for the sales tax, which everyone did.

Commissioner Carbone

thought direction should be given and have it brought back.

Commissioner Boskovich

said he would be on board with a 50% reduction in the proposal as long as the 3% was implemented. Staff was directed to work the numbers and this item was continued until later in the meeting. November21, 2023 PLANNINGIBUILDING/CODE COMPLIANCE

Commissioner Jabbour

asked Mr. Waggoner if he thought lithium should be added to the renewables on page 2, line 20.

Mr. Waggoner

did not know if lithium was a renewable. He asked if Commissioner Jabbour was talking for the entire County or for one specific geographical area because exploration was going on in other parts of the County permitted by BLM.

Commissioner Jabbour

asked if a resolution specific to Ash Meadows could be done, to which Mr. Waggoner said yes and staff could have that prepared for the second meeting in December, 2023. Michelle Nelson advised this was a resolution that was specifically worded and tailored to renewable energy generating facilities and had cited the NRS accordingly. If the Board was interested in moving forward with a moratorium regarding lithium she recommended that be a separate resolution. Mike Fender stated his support of the extension of the moratorium. Erika Gerling said Beatty also supported the moratorium. She advised the Conservancy would give a presentation to the town at its meeting on November 27, 2023. Eddie Jim stated his support of the moratorium. Robert Adams suggested the Board rank areas as far as the least suitable and those that could be tolerated.

Commissioner Carbone

made a motion to amend and adopt Nye County Resolution No. 2023-36 amending page 2, line 13, to “expired” rather than “expires,” and on page 4, line 14, expired versus expires, for the duration of six months ending on May21, 2024, and accept the approved copy with those changes; seconded by Commissioner Strickland; 5 yeas November 21, 2023 11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2023-13: 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; and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto-Re-reopened. Steve Osborne reviewed the changes made based on the Board’s earlier discussion of 50% of what the original proposal was

Commissioner Strickland

made a motion to amend and adopt Bill No. 2023-13 incorporating changes as identified by Assistant Planning Director Steve Osborne on the record; seconded by Commissioner Carbone.

Commissioner Carbone

noted the 3% sales tax needed to be added instead of the 2% sales tax.

Commissioner Strickland

amended her motion to amend and adopt Bill No. 2023-13 incorporating changes as identified by Assistant Planning Director Steve Osborne on the record and raising the sales tax to 3%; Commissioner Carbone amended his second.

Commissioner Strickland

asked staff to provide another chart to the Commissioners showing what the changes would look like.

Commissioner Carbone

stated the well was monitored, and Commissioner Strickland said it was being taxed. Tim Bohannon said he would like to see cash forecasting and talked about the advantages of having an internal audit control function. Erika Gerling advised there were virtual meetings on-line right now about 1-1 1 and she believed at the end of the month there would be an in person meeting at Snow Mountain. The comment period for the seven projects in Esmeralda County was going on right now and Mason Voehi from the Conservancy would provide an update to the Beatty Town Board on November 27, 2023. Public Works Director Tom Boiling said it was stated earlier that he potentially lied to the Board. He stated he had never lied to the Board. He had never fed the Board misinformation and everything he had ever stated had always been true to what he had been told and/or the research he had done himself. He watched the video thinking he had misspoke and every word he remembered saying was what he said.

Commissioner Cox

asked staff to look into the hours the shelter was open. She thought it should be open on Saturday as it closed by the time everyone got off work during the week. She asked that the same thing be done with the library board as it used to close at 9:00 p.m., but it closed really early now.

Commissioner Carbone

said he would talk to the library board. Addressing Darryl Lackey’s comment about there not being any help for humans,

Commissioner Cox

said there was plenty of help for people and all they had to do was go and find it. She then asked for an item in the future to discuss possible places the homeless could sleep in.

Commissioner Carbone

talked about the Employee Engagement Team and said he was proud to be part of it. _______________day November21, 2023 25. Commissioners’IManaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d.

Commissioner Strickland

said the Nye County employees family celebration would be in Beatty on December 2, 2024, from 1:00 p.m. to 4:00 p.m.

Commissioner Jabbour

reminded everyone to conserve water and spay/neuter pets.

Commissioner Jabbour

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

Chair Ny

Conty Clerk / Deputy