December 5, 2023

Commissioner Strickland

and Samantha Tackett were present via telephone.

Commissioner Carbone

advised those roads had been written up and were in the queue.

Mr. Louros

asked if they would be patched, repaved, or chip sealed.

Commissioner Carbone

said certain areas would be chip sealed, which would be discussed later in the meeting. Dwight Lilly talked about the water plan that was developed about 1 5 years ago to address conservation. Since then legislative action had taken place limiting new wells to 500 gallons a day which he believed was an effort to stave off being labeled a critical management area. He was present on behalf of the Lily Family Trust and stated he needed the Commissioners to obey the law and uphold that water plan so his private well resources were maintained so his great granddaughter would have water to use in his house. Mr. Lilly felt the Commissioners had allowed County management to violate his rights under that water plan. Darryl Lackey discussed a friend of his that was always productive with a good attitude; how the Republicans and Democrats were run by Satanists; and the need to do something to assist the homeless with housing Tim Larsen said he was a proud retired member of the Air Force and served as a pilot for 25 years. As to the conspiracy theory about chemtrails, he said he was personally guilty of putting out probably millions of miles of contrails, not chemtrails. Chemtrails was a conspiracy theory that there were airplanes spraying poison on people deliberately. Contrail stood for condensation trail. Normal jet engines produced exhaust that included moisture and at high altitudes that moisture expanded and became literally a cloud of H20. December 5, 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. Dee Mounts addressed the comments made about service dogs. She advised there was no certification for a service dog and the only people who could ask someone with a service dog questions were those who worked at the business being visited. She said she would be doing a show about service dogs, emotional support dogs, and therapy dogs. Pat Minshall did not think Commissioner Boskovich had a financial setting in any of the items Planning Director Brett Waggoner brought forward and she absolutely disagreed with the allegations that were made. Tim Bohannon advised the Nye County Parks and Recreation Advisory Committee would meet this Thursday evening in Round Mountain. They had received a grant to work on an upgrade to the Carver’s Arena and Recreation Area, in particular on trap shooting. They hoped to be done with it sometime next year, but it was a two-year grant so they had additional time. Wayne Manning talked about the road conditions in Lower Smokey Valley. People were talking about roads patched that were already tarred, but their road had not been patched and very little maintenance was done to it according to what Public Works said. Close to 150 people drove up and down that dirt road every day, and even after the grader was used a week later there were bumps in it because of the commercial and local traffic. Mr. Manning said he would like the road to be tarred, or at least put on the list to get it tarred, to stop cars from being beat up. He then addressed the service dog issue. He felt people abused that because they did not have to show anything because the Americans With Disabilities Act covered them.

Commissioner Cox

stated she did not vote for cloud seeding since it was a manipulation of the weather and part of the New Green Deal which she wanted nothing to do with.

Commissioner Boskovich

thanked the staff at Desert View Hospital for the care they provided to his mother. He then clarified he was not opposed to mining, the jobs that it provided, and everything else that it did that was a benefit to Nye County and Nevada as a whole. However, he was opposed to exploratory drilling for lithium right next to Ash Meadows. He was also not opposed to solar, but thought it did not need to be everywhere one looked. He thought the 93 miles of bare land he saw on his last drive to Tonopah would be a good place for it if those residents wanted it, but there were few who did. December 5, 2023 3. CommissionerlManager Comments (This item limited to announcements or topic/issues proposed for future workshopslagendas)-Cont’d. Brian Kunzi cautioned Commissioner Boskovich that Commissioners’ comments needed to be limited to putting something on the agenda, not an open discussion, per the Open Meeting Law.

Commissioner Carbone

advised a meeting on Title 6, Animal Control, and the animal shelter activities would be on December 11, 2023.

Commissioner Cox

said she knew exactly what Mr. Higbee was talking about and was in full support of it. December 5, 2023 6. 10:00 a.m. For Possible Action Presentation by Varlin Higbee, Nevada — — Association of Counties (NACO) Board of Directors President and Lincoln County Commissioner, and Vinson Guthreau, NACO Executive Director regarding the Historic Routes Preservation Act supporting historical rights of way; and discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2023-39: A Resolution in Support of Historic Routes Preservation Act. (10-minute time limit)-Cont’d. Tim Sutton advised the District Attorney was reviewing this to see if there were any concerns with the long standing RS2477 road project and this resolution. If approved today he asked it to be conditioned upon the District Attorney’s approval.

Mr. Higbee

advised Senators Masto and Rosen had offered to introduce the bill, but they wanted the support of the State. If 100% of the Nevada counties passed this resolution or sent a letter of support they would introduce it. Vincent Guthreau introduced himself. Erika Gerling asked Mr. Higbee and Mr. Guthreau to contact her because she thought there were historical roads and grades in Beatty and she would like to find out more about it.

Mr. Higbee

advised the County’s NCRS office would have aerial photographs of everything before 1967. Ms. Gerling could look at those maps to see if the road existed before then and put together the brief or however she wanted to present it, but the bill needed to be passed first. Robert Adams, a Nevada OHV Commissioner and a member of the OHV Preservation Association as well as the secretary for the Pahrump Public Land Advisory Committee, said they had been working on RS2477 since Lorinda Wichman started the project. There were a lot of routes out there that needed to be routed and he thought that was particularly important for the solar industry that wanted to come in. He thought it was an excellent resolution and asked that the Board approve it. Tim Bohannon stated his support of this item.

Commissioner Carbone

wanted to be sure this would not effect what had been done with the RS2477 roads.

Commissioner Carbone

made a motion to adopt Nye County Resolution No. 2023-39 with a provision for the District Attorney to review to understand there was no effect to the current RS2477 roads; seconded by Commissioner Cox; 5 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff McGill

assumed the Chair of the Licensing and Liquor Board. December 5, 2023 GAMING

Sheriff McGill

explained this item was for approval of a gaming license for Irene’s Casino taking over a new operation under Eclipse Route Operations. A thorough review of the application was completed and based on that review it was the recommendation that the liquor license be approved. Jeff Donato, representing the applicant, said item 12 was related to item 11, which was the gaming component. Eclipse Route Operations was a licensed slot route operator with the Nevada Gaming Control Board and had received the Nevada Gaming Commission’s approval on this location. If this was approved, they would move forward with the change of ownership.

Commissioner Carbone

made a motion to approve the non-restricted gaming license for Eclipse Route Operations; seconded by Commissioner Jabbour; 6 yeas. LIQUOR

Sheriff McGill

advised this item was also investigated by his administration and the recommendation was that it be approved. All fees had been paid.

Commissioner Carbone

made a motion to approve item 12, a retail liquor license for Jackpot Joanie’s; seconded by Commissioner Jabbour; 6 yeas.

Sheriff McGill

said this was a change of licensee for what was formerly known as the Pahrump Valley Winery. The licensee was investigated by his office and since there appeared to be nothing out of order the recommendation was to approve a conditional liquor license with the condition being that the restaurant was still in the process of December 5, 2023 13. For Possible Action Discussion and deliberation to approve a Temporary Retail Liquor License for Charleston Peak Winery, LLC., dba Charleston Peak Winery located at 3810 Winery Road, Pahrump, NV. Ernest Moody, ownerlapplicant-Cont’d. being finalized for their business operation. They had not received their final approvals yet so the recommendation and the request of the licensee was that they be permitted to conduct retail sales in the wine tasting area to include only wine tasting and retail sales. Samantha Tackett clarified they were looking for a temporary license, not a conditional one. Jennifer Selabowen, a key employee, was present for questions as was Isaac Villalobos, who was representing Ernest Moody.

Commissioner Carbone

made a motion to approve the temporary retail liquor license for Charleston Park Winery; seconded by Commissioner Cox; 6 yeas.

Commissioner Jabbour

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Strickland

said she would abstain on this vote as Tawny Wald was her daughter.

Commissioner Boskovich

made a motion to appoint five members to the Pahrump Arena Advisory Committee including Cody Chappell, Michelle Chappell, Darius Mann, Scot Tibbets, and Tawny Wald to a term expiring January, 2026; seconded by

Commissioner Carbone

. Samantha Tackett asked for an amendment to the motion to identify Cody Chappell, Michelle Chappell, Darius Mann and Scot Tibbets as regular members and Tawny Wald as an alternate member to a term ending January, 2026.

Commissioner Boskovich

amended his motion to appoint five members to the Pahrump Arena Advisory Committee including Cody Chappell, Michelle Chappell, Darius Mann, and Scot Tibbets as regular members and Tawny Wald as an alternate member to a December 5, 2023 14. For Possible Action — Discussion and deliberation to: 14.a. Appoint five members to the Pahrump Arena Advisory Committee due to expiring terms and one vacancy from the following list of applicants: Cody Chappell, Michelle Chappell, Darius Mann, Scot Tibbets, and Tawny Wald andlor 14.b. Readvertise for the appointment-Cont’d. term expiring January, 2026; Commissioner Carbone amended his second; 4 yeas.

Commissioner Strickland

made a motion to appoint three members to PPLAC to an expiring term of January, 2026 Robert Adams, Frank Slaghuis, and Michael Zaman; seconded by Commissioner Boskovich; 5 yeas. COUNTY MANAGER

Commissioner Carbone

made a motion to accept 1 6.a. and 1 6.b. as written; seconded by Commissioner Boskovich; 5 yeas. December 5, 2023 TIMED ITEMS 7. 10:00 a.m. Presentation by Kat Galli with Tonopah Development Corporation dba Tonopah Main Street, regarding program status, outcome results, a budget status report, and future goals pursuant to the Nye County ARPA Recovery Plan and Policy: Economic Impacts for Tourism. (10-minute time limit) Kat Gaul provided an update on the ARPA funds granted to the Tonopah Development Corporation dba Tonopah Main Street. 8. 10:00 a.m. Presentation by Diane Arvizo with Nevada Rural Housing Authority, regarding program status, outcome results, a budget status report, and future goals pursuant to the Nye County ARPA Recovery Plan and Policy: Public Health Assistance-Affordable Housing Grant. (10-minute time limit) Grants and Contracts Manager Stephani Elliott and Katie Coleman, Communications Director of the Nevada Rural Housing Authority (NRHA), gave a presentation on NRHA’s use of the ARPA funds granted to them. 9. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to recommend a course of action to the State Engineer for Nevada Division of Water Resources Temporary Applications 92878T and 92940T to use water other than that in which it is appropriated or currently diverted or used per Nevada Revised Statute 533.363 in Basin 162.

Commissioner Strickland

disclosed she was a water right broker, but she had no pecuniary interest in this matter. Public Works Director Tom Boiling said this item was brought forward when the notice of applications 92878T and 92940T was received. NRS 533.363, section 4, stated each board of county commissioners notified of a request for a permit pursuant to this section shall consider the request at the next regular or special meeting of the board held not earlier than three weeks after the notice was received. The board shall provide public notice of the meeting for three consecutive weeks in a newspaper of general circulation in its county. The notice must state the time, place, and purpose of the meeting. At the conclusion of the meeting the board may recommend a course of action to the State Engineer, but the recommendation was not binding on the State Engineer. Mr. Boiling said this item was the public hearing for the public to give their position on these applications and for the Commissioners to produce a course of action to give to the State Engineer.

Commissioner Jabbour

opened the pubic hearing. Bill Newyear thought there were a couple of questions the Board should have answers to before making a decision how much water was actually in Nye County and what sort of benefit would Nye County get out of these temporary applications. December 5, 2023 9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to recommend a course of action to the State Engineer for Nevada Division of Water Resources Temporary Applications 92878T and 92940T to use water other than that in which it is appropriated or currently diverted or used per Nevada Revised Statute 533.363 in Basin 162-Cont’d. Laura Larsen talked about the dust related to these projects and the amount of water needed to control it. She asked the Board to reject this and send a message to Clark County and the State Engineer that Nye did not want it. Dwight Lilly said Pahrump was in a very serious water situation and did not have one drop of water to provide to Clark County. He urged the Commissioners to send a cease and desist letter to the company if the transfer of water did not stop before sunset today and have a Sheriff’s deputy at the well to stop any trucks. Robert Thomas, speaking on his own behalf, asked the Board to vote down this illegal transfer. Judi Westgate stated her support of the Board voting against this. If it was being done illegally like she was just told, then they needed to be charged accordingly. Karen Manning agreed with Mr. Lilly that the water needed to be kept in Pahrump and if water was being hauled illegally that needed to be stopped. Judy King said Helene Williams, chair of the Nye County Water District Governing Board (NCWD), had done a lot of research in the area. Ms. Williams said the ten different solar farms proposed in the area would use conservatively 5,000 acre feet of water per year. The NCWD voted to send a letter to the State Engineer stating they did not support any future withdrawals of water from Basin 162 for the construction and maintenance of any new renewable energy facilities within the confines of Basin 162. The letter also requested consequences be established for those who attempted to provide water to those projects. Ammie Nelson wondered how much water would be used for the projects in Clark County. She did not agree with Mr. Wulfenstein applying to divert water from his well on Gamebird to furnish water to the solar projects and thought he should be charged so much to do that it created a hardship for him. Kevin Emmerich thought the Commissioners would probably file a protest on this and if that was the case he thanked them for doing that. He thought it sent a good message to the other solar developers. He also supported the Commissioners rejecting new wells and solar projects. William Lovegren said the Board should not allow water to be taken from the people in Pahrump. He suggested the Board institute a building moratorium on solar farms. Mr. December 5, 2023 9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to recommend a course of action to the State Engineer for Nevada Division of Water Resources Temporary Applications 92878T and 92940T to use water other than that in which it is appropriated or currently diverted or used per Nevada Revised Statute 533.363 in Basin 162-Cont’d. Lovegren said the Board needed to shut this down and have the Sheriff stop the water transporting as it would just get worse. Herman Lewis wondered what kind of penalties and sanctions could be enforced on this and thought the NCWD should be making the recommendations with the Commissioners enforcing those. Charlene Perry thought this should go to a public referendum instead of just being approved by the County Commission because there were a lot of potential ramifications. Jeannie Wright said the Commissioners had definitely helped the citizens on keeping solar out of Nye and now they needed to stop people from taking the water. Eddie Jim stated his opposition to this water use. John Koenig recommended the Board tell the State Engineer that Nye County rejected both petitions with no option to drill another well down there. He said Mr. Wulfenstein should be ashamed taking that water and using it in Clark County.

Commissioner Jabbour

closed the public hearing.

Commissioner Boskovich

said everyone knew how he felt about the solar farms that would blanket that area.

Commissioner Cox

agreed with everything that was said. Anything that affected Nye’s water was going to be something that the Commissioners considered first for the people, not for the big business or companies that came in. Commissioner Cox thought the Nye County line should be moved way up into Clark County on the other side of Basin 162 so they could not legally stick a straw in any of Nye’s water. She stated she would not support this the way it was written.

Commissioner Carbone

said to him this was an enrichment situation and everyone knew how the Commissioners felt about solar. He thought the Board should move forward with the process to eliminate as much as possible.

Commissioner Strickland

said the moratorium in Nye County would not do much good when Clark County would build right up to the line, It was also disappointing to her that the Board should have been informed the first time this permit was issued and it was not, and this was now the second time it was issued. Commissioner Strickland said shame on the Division of Water Resources for doing that to the community. December 5, 2023 9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to recommend a course of action to the State Engineer for Nevada Division of Water Resources Temporary Applications 92878T and 92940T to use water other than that in which it is appropriated or currently diverted or used per Nevada Revised Statute 533.363 in Basin 162-Cont’d.

Commissioner Jabbour

said a few years ago the State Engineer put a major restriction on drilling any new wells in Basin 162. He believed due diligence was needed to find out if that included Basin 162 in its entirety or just Pahrump.

Commissioner Carbone

asked the District Attorney if the Board could just give direction to have a recommendation given or if they had to make some kind of motion. Brian Kunzi suggested the public hearing be closed and the Board move to item 19, which was the action item to protest the transfer of water from Nye County to Clark County.

Commissioner Jabbour

asked Mr. Kunzi if the Commission would be a stronger voice if it made a recommendation for a course of action on this item and took action on item 19.

Mr. BoIling

thought the Board could direct staff to create a letter on its behalf to send to the State Engineer.

Commissioner Carbone

directed Public Works to prepare a letter of protest for Temporary Applications 92878T and 92940T.

Commissioner Jabbour

said this item was to recommend a course of action to the State Engineer and his question to the District Attorney was if both should be done, course of action plus item 19, the actual protest.

Mr. Boiling

said the course of action could be to direct staff to issue a ietter to the State Engineer in opposition to approvai of these permits.

Commissioner Carbone

explained the item said recommend a course of action to the State Engineer and he was telling staff to prepare a letter of protest.

Commissioner Cox

asked if the Commission should do a motion that it protested as well as send a letter along with a cease and desist.

Mr. Kunzi

said the protest needed to come from the Commission, which would be item

Commissioner Strickland

said the Board needed to issue a letter in opposition that stated the NRS as it empowered the County Commissioners to do more than file a protest.

Mr. Kunzi

suggested opening item 19 now as the Board could not give direction without a motion. PUBLIC WORKS 19. For Possible Action Discussion and deliberation to ratify a water right Protest filed for Nye County against Application 92878T and 92940T, filed by Wulfco and Wulfenstein Trust R-501 for waters situated in Pahrump Basin #162. Tom Boiling explained this was the filed water rights protest for Application Nos. 92878T and 92940T and he read the protest in the back-up into the record. The request was for the Board to ratify that protest. Tim Sutton pointed out based on the conversation on the prior item the Board’s opposition to drilling any wells was included in the protest.

Commissioner Jabbour

stated he did not want any other well drilled in Basin 162. Brian Kunzi felt putting a reference in allowing them to put a well in would be detrimental to what the County wanted to do. They had every right to try to drop a well in Clark County as it was within the basin and they could get that right through the State Engineer’s Office. He wanted to make sure the protest included no additional wells in Basin 162 so one could not be dropped through the back door in Clark County.

Commissioner Strickland

said water wells had been drilled in Basin 162 and there had been no denials. The would just have buy water rights and relinquish them if they were not relinquished at the original time of the subdivision. They could build on both sides and had the right to drill a water well. She thought maybe that portion should be removed from the document. Laura Larsen commended the Board for doing what was right for Nye County. William Lovegren said he appreciated the Board fighting for the citizens. December 5, 2023 19. For Possible Action Discussion and deliberation to ratify a water right Protest filed for Nye County against Application 92878T and 92940T, filed by Wulfco and Wulfenstein Trust R-501 for waters situated in Pahrump Basin #162- Cont’d. Dwight Lilly said the State Engineer on numerous occasions had made comments about protecting this aquifer. If the Board was going send correspondence to the State Engineer’s Office he should be reminded of the past position. Suzie Hertz said the Commissioners needed to find a way to put some teeth in this due to the magnitude of solar installations that were slated for the area. Jeannie King said she was pleased the Commissioners had fought along with the citizens against solar and offered to help write letters. Ammie Nelson said if Clark County really wanted to drop a well it would have already done that. She wondered if the transfer of water rights would continue after this first 50 acre feet. She also agreed with extending the Nye County line and stated she fully supported the protest. Karen Manning asked the Commission to get an injunction today to stop it. Esteline Westby suggested the recommendations include that the water was not being used appropriately. Dee Mounts said this issue was put on her show on Sunday and every single resident was against it. Herman Lewis thought it would be in the County’s best interests if the NCWD updated their position in support of declining this to give the Board a little more ammunition. Will Bond said he hoped the protest contained language about not drilling more wells. Tim Bohannon said out of items 9 and 19 he wanted to find sustainable communicated rules and expectations for the water usage and situations like this. Helene Williams advised the NCWD was not in the loop on this. It was between the Nevada State Engineer and the County Commissioners. The NCWD did not do protests, but they supported the Commissioners in the direction that they would like to go. Erika Gerling supported what the Commissioners were doing, but she thought a deeper look was needed into how the applications were being done. Jason Grooms thought the suggestion from the District Attorney to figure out if Nye County owned Basin 162 was something to focus on. December 5, 2023 19. For Possible Action Discussion and deliberation to ratify a water right Protest filed for Nye County against Application 92878T and 92940T, filed by Wulfco and Wulfenstein Trust R-501 for waters situated in Pahrump Basin #162- Cont’d.

Mr. Boiling

said staff could try retract this protest because of the water well language that was in it and issue a new one without that language, which would be done immediately.

Commissioner Jabbour

asked Mr. Kunzi if the Board could change the unless portion of the protest from Basin 162 to Basin 212 which was in Clark County.

Mr. Kunzi

said the he would not open that door. The other issue was even if Clark County did something in its basin, they would have to transfer their water out of their basin. The Board needed to concentrate on its basin.

Commissioner Carbone

thought the letter should be pretty simple. The very first portion would need a little modification to say the County Commission was denying rather than protesting.

Mr. Kunzi

thought trying to wordsmith a letter now would be difficult. He recommended directing the County Manager to work with staff to draft and submit the protest based on what had been discussed at this meeting.

Commissioner Jabbour

made a motion to direct the County Manager to work with staff to draft and submit the protest based on what had been discussed at this meeting.

Commissioner Carbone

asked about the timeline with the State Engineer.

Mr. Boiling

said he had been trying to tack that down based on prior applications and it was anywhere from three weeks to five months. Right now the County was in its fourth month so this needed to be done in the next day or two.

Mr. Kunzi

said the State Engineer had not scheduled a public hearing on this yet so a day or two should be fine.

Mr. Boiling

advised he just learned the State Engineer stopped the application in its tracks when the protest was filed so it could be amended.

Commissioner Boskovich

asked if this was currently going on could a cease and desist be done to stop them now.

Mr. Boiling

advised it was up to the Division of Water Resources (DWR) to issue the cease and desist letter to them, and there had been violations reported to DWR. December 5, 2023 19. For Possible Action Discussion and deliberation to ratify a water right Protest filed for Nye County against Application 92878T and 92940T, filed by Wulfco and Wulfenstein Trust R-501 for waters situated in Pahrump Basin #162- Cont’d.

Commissioner Carbone

thought a strong letter was needed from the District Attorney’s Office since they were doing it illegally.

Mr. Kunzi

said that would be addressed in what would be sent in as the fact that they were violating the terms already would go a long way in terms of reaction on the State level.

Commissioner Cox

wanted to revise the language stating “Nye County asks that the application be denied” to “Nye County wanted the application denied” to give the letter some teeth.

Mr. Boiling

was directed to prepare something and bring it back after the lunch recess. The Board was in recess until 2:43 p.m. 19. For Possible Action Discussion and deliberation to ratify a water right Protest filed for Nye County against Application 92878T and 92940T, filed by Wulfco and Wulfenstein Trust R-501 for waters situated in Pahrump Basin #162- Cont’d. Tom Boiling said the letter had been revised to read ‘The Nye County Commission protests in the strongest possible language and demands that applications filed by Wulfco and Wulfenstein Trust R-501 on Nevada Division of Water Resources temporary applications 92878T and 92940T be denied immediately by your office. The proposed manner of use will further degrade the water resources for the Town of Pahrump and Nye County and could cause undue damage to the Basin 162 groundwater supply. Groundwater levels continue to decline within Basin 162 and approval of these applications would exacerbate those declines which the Nevada Division of Water Resources has charged Nye County and the Nye County Water District with evaluating and stabilizing. Approval of these applications would be in direct conflict with those goals and objectives. Therefore, the Nye County Commission demands that the applications be denied.”

Commissioner Carbone

made a motion to accept the new language in the protest of Applications 92878T and 93940T as it related to Basin 162; seconded by Commissioner Boskovich; 5 yeas. Brian Kunzi confirmed no action was necessary on item 9. December 5, 2023 19. For Possible Action Discussion and deliberation to ratify a water right Protest filed for Nye County against Application 92878T and 92940T, filed by Wulfco and Wulfenstein Trust R-501 for waters situated in Pahrump Basin #162- Cont’d.

Commissioner Strickland

thought item 9 gave the Board the most power. She asked to have staff directed to draft a letter for Board approval that stated the NRS which gave the Board the authority to deny. Tim Sutton explained there were two separate items because as soon as notification of the applications were received a protest was immediately filed without Board approval to get something on the record before the State Engineer made a decision. Item 9 was now in front of the Board per the statute to consider the matter. Item 19 was action taken on the letter filed prior to Board approval. The protest had now been filed, which was the strongest thing the Board could do, and in Mr. Sutton’s opinion there was nothing further the Board needed to do that would be stronger than what was already done.

Commissioner Strickland

felt NRS 533.363 gave the Board more authority than just a protest. She requested that the protest move forward with the language on item 9 and on item 19 that staff be directed to draft an additional letter from the Board of County Commissioners regarding that NRS.

Commissioner Carbone

said to reverse that and it would be fine.

Commissioner Jabbour

concurred with Commissioner Strickland to direct staff as per the NRS that the Board had the authority to stop them, etc. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners. 10. For Possible Action Discussion and deliberation regarding the General Road Report by the Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing, and direction regarding public works proiects. Assistant Public Works Director Beau Gott provided an update on the activities of the crews and the projects in the County.

Commissioner Carbone

said he would like to have a plan for the chip sealing.

Mr. Gott

said in spring time they would start chip sealing the roads. He would work on the complete plan during the winter and would share it when done. December 5, 2023 10. For Possible Action Discussion and deliberation regarding the General Road Report by the Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing, and direction regarding public works proiects-Cont’d. Karen Manning talked about the lack of maintenance on the roads in Lower Smoky Valley. She suggested the Commissioners make the area tax free so the residents could fix the road themselves. Wayne Manning also talked about the lack of maintenance on the roads in Lower Smoky Valley and how cars were coming apart driving on it. The grading when done only lasted a week or two and then the bumps were back. Four vehicles had rolled over on the road in the last two years. Mr. Manning was afraid someone was going to be killed and the County sued. Laura Larsen said the roads over by North Blagg and Bell Vista needed to be checked because a lot of trucks went through Bell Vista going across Biagg. Iron Street had been patched multiple times and something needed to be done for that area as well.

Commissioner Jabbour

said the road that had been chip sealed in Tonopah that he complained to Mr. Boiling about during the first meeting in November, 2023, now looked very nice. He thanked Mr. Boiling for taking care of that.

Commissioner Cox

asked how much money was left in Public Works’ budget.

Mr. Boiling

said based on his financial manager’s estimate she gave him in the middle of October, 2023, they were right at $900,000.00 until the end of the year after all of the encumbrances and stuff. He planned on doing a state of the roads report which would include a full budget breakdown at the beginning of next year.

Commissioner Cox

said there was a lot of money coming and going this year and she had not seen anything coming from Public Works as to what was needed. She thought the $12 million was still on the table as the Board did not make a final decision on it. She said it would behoove the Commissioners and the residents to put that money into roads as that opportunity may not come again. Commissioner Cox then said a couple of years ago she asked Mr. Boiling to take care of the area of Ram Street, Barney and Leslie which were just loaded with potholes. She asked Mr. Boiling if those were ever chip sealed or overlaid.

Mr. Boiling

said he would have to check on that. They were probably taken care of and more potholes appeared.

Commissioner Cox

said she had also asked for Simkins and the roads in the housing development to be looked at as they were going to pieces. She thought the $12 million that was set aside for the fairgrounds should be used elsewhere and money found somewhere else for that. December 5, 2023 10. For Possible Action Discussion and deliberation regarding the General Road Report by the Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing, and direction regarding public works projects-Cont’d.

Commissioner Boskovich

asked when someone filed an on-line report of an area that needed repair if they were contacted with any sort of status. He knew a lot of people on Dandelion were living in a cloud of dust and they complained that they never heard anything. He thought Public Information Officer Arnold Knightly could provide a Web site or something so people were not ignored.

Mr. Boiling

explained that currently the system was unable to automatically send back e-mails and it would take up a lot of staff time to e-mail everybody. They could do that if the Commissioners wanted them to, but it would take up half of the secretary’s time because she already spent half the time putting the stuff into the system. They were working on an updated system to send an e-mail when the complaint was resolved. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Jabbour

assumed the Chair of the Board of County Commissioners.

Commissioner Jabbour

asked if the New Mexico operation was comparable to the operation in Tonopah.

Mr. Travis

said it was very similar. Lorina Dellinger said if there was a motion she would ask it be amended. The District Attorney had requested some language be inserted in the resolution only. Brian Kunzi advised language was needed that indicated this was being done for the purpose of economic development or redevelopment which was the trigger that allowed the Board to award this contract without going out to competitive bid.

Commissioner Carbone

made a motion to amend and adopt Nye County Resolution No. 2023-38 to approve the lease agreement, execute the agreement, and add in the language that the County Manager or the District Attorney would put in.

Mr. Kunzi

said the language that would be added was that the Nye County Board of County Commissioners finds that this lease was necessary to support, retain, or expand existing commercial enterprises or facilities associated with the operations of the Tonopah Airport.

Commissioner Carbone

amended his motion to amend and adopt Nye County Resolution No. 2023-38 to approve the lease agreement with the added language that the Nye County Board of County Commissioners finds that this lease was necessary to December 5, 2023 22. For Possible Action — Discussion and deliberation to: 22.a. Adopt, amend and adopt, or reject Nye County Resolution No. 2023-38: A Resolution Finding that it is in the Best Interest of the Public to Lease a Portion or Portions of the Tonopah Airport Property Without Offering it at Public Auction, For Less Than Fair Market Value, Pursuant to NRS 244.2815, For Purposes of Economic Development; 22.b. Approve or amend and approve a Lease Agreement with KT Aero, LLC for approximately two (2) acres of the Tonopah Airport Property for the operation of a Fixed Base Operation (FBO); and 22.c. Execute the agreement-Cont’d. support, retain, or expand the existing commercial enterprises or facilities associated with the operations of the Tonopah Airport; seconded by Commissioner Boskovich; 5 yeas. INFORMATION TECHNOLOGY 17. For Possible Action — Discussion and deliberation to: I 7.a. Approve, amend and approve, or reiect Amendment No. I to the contract between Nye County and Nevada Department of Administration Enterprise Information Technology for the purpose of leasing rack space to Nye County for various sites; 17.b. Execute the agreement; and 17.c. Fund $56,661.50 to 10101 General. Stephani Elliott explained the County’s IT Department rented rack space on the State’s rack areas for an annual charge and there were 11 rentals. The State reviewed its FY24 budget and increased that charge. It used to be just over $3,700.00 per year per site which was increased to $4,047.25 per year per site. However, the State would provide Nye Cunty a credit so the actual increase was only $2,l 76.00 per year to be able to continue operations.

Commissioner Carbone

made a motion to approve Amendment No. 1 to the contract between Nye County and the Nevada Department of Administration Enterprise Information Technology, execute, and fund $56,661.50 to 10101 General Fund; seconded by Commissioner Boskovich; 5 yeas. December 5, 2023 PLANNINGIBUILDINGICODE COMPLIANCE 18. For Possible Action Discussion and deliberation regarding a request to set a date, time and location for a Public Hearing, on Nye County Bill No. 2023-17: A Bill Proposing to amend Nye County Code Title 17, titled Comprehensive Land Use Planning and Zoning, Chapter 17.04, Pahrump Regional Planning District, Article VIII, titled Master Plan Amendment, Administration and Procedures, amending the application submittal language to include reference to the online application portal; removing “dated November 19, 2003” from 17.04.930(B): and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto.

Commissioner Carbone

asked if it would be done January 3, 2024, in Pahrump or in Tonopah. Planning Director Brett Waggoner said that would be the pleasure of the Board, but since it was broadcast in both places they did not withhold stuff from one agenda or the other.

Commissioner Jabbour

said when changes were done for planning and zoning administration it was usually best, and it had been suggested, that it be done while the Commissioners were in Pahrump.

Commissioner Carbone

made a motion to set the date, time, and location as January 17, 2024, at 10:00 a.m. in Pahrump, Nevada; seconded by Commissioner Boskovich; 5 yeas. PUBLIC WORKS 21. For Possible Action Discussion and deliberation to approve an offer of dedication for road Right of Way being the entire South 40.00 feet fronting West Mazzuka Avenue and the entire East 40.00 feet fronting North Linda Street on the property located at 1060 West Mazzuka Avenue, Pahrump, NV, Assessor’s Parcel Number 027-111-13 owned by Nye County, and designate West Mazzuka Avenue , and North Linda Street as a Minor County Road, rejecting maintenance for the purpose of future road improvements fronting the property. Tom Boiling explained this was one of the Treasurer trust properties the County acquired years ago and this item was to acquire the right-of-way from it.

Commissioner Carbone

made a motion to approve as written; seconded by

Commissioner Cox

; 5 yeas. December 5, 2023 PUBLIC PETITIONER

Commissioner Carbone

made a motion to support the request for the closure of Highway 318 on May 19, 2024, and September 15, 2024; seconded by Commissioner Jabbour; 5 yeas.

Commissioner Cox

asked staff to seriously look into moving the County line to the other side of the border of Basin 162. She also wanted an agenda item for the Commissioners to be able to respond to the comments made during the public comment periods.

Commissioner Jabbour

reminded everyone to protect children, family, and friends, conserve water, and spay/neuter pets.

Commissioner Jabbour

adjourned the meeting. APPROVED this day ATTEST: Of - , 2024. NcCIe/Dep uty