January 3, 2024

Commissioner Cox

asked for an agenda item to allow the Commissioners to respond to comments made during public comment.

Commissioner Boskovich

agreed with Commissioner Cox.

Commissioner Carbone

said Commissioner Cox could make her comments right after public comment was closed. She just needed to ask the Chair.

Commissioner Cox

said she had done that before and it did not work with the District Attorney’s Office.

Commissioner Strickland

said an agenda item with a broader spectrum needed to be worked on and she looked forward to working with staff on that.

Commissioner Carbone

made a motion to reinstate Commissioner Jabbour as the Chair.

Commissioner Carbone

recommended Commissioner Cox as Chair, but she declined. January 3, 2024

Commissioner Boskovich

made a motion to nominate Commissioner Strickland as Chair; seconded by Commissioner Cox; 5 yeas.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners.

Commissioner Strickland

made a motion to nominate Commissioner Boskovich; seconded by Commissioner Cox; 5 yeas.

Sheriff McGill

assumed the Chair of the Licensing and Liquor Board.

Commissioner Carbone

made a motion to leave Sheriff McGill as Chair; seconded by

Commissioner Jabbour

; 6 yeas.

Commissioner Strickland

made a motion to nominate Commissioner Jabbour as Vice Chair; seconded by Commissioner Carbone; 6 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. TIMED ITEMS 11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — - to adopt, amend and adopt, or reject the Nye County Association of Sheriff’s Supervisors Agreement to include the reporting of the fiscal impact of the agreement. The new agreement will be effective upon approval. Tim Sutton explained this was for the lieutenants union, which was formerly the lieutenant and captain union. During arbitration the captain was removed from this bargaining unit. There was also a financial impasse, but that had been resolved by a mutual agreement subject to the approval of the Board. Some of the key points of the agreement included a 3.25% increase over various years, including some of the retroactive years when there was no contract in place, and the maximum accrual of personal leave was increased from 240 to 300. Additionally, this bargaining unit received additional personal leave if they were required to work over 40 hours per week consistently, which could happen during a disaster or an emergency, but they only had 90 days to use that leave. That was increased to 180 days. The uniform allowance was also changed to correlate with one of the express wishes of this Board, which was that it be used specifically and exclusively for uniforms rather than for various other things. It was now a reimbursement system rather than just a straight cash payout system. Another change was the removal of lifetime medical because it was such a financial strain on the County.

Commissioner Strickland

opened and closed the public hearing. January 3, 2024 11. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — - to adopt, amend and adopt, or reject the Nye County Association of Sheriff’s Supervisors Agreement to include the reporting of the fiscal impact of the agreement. The new agreement will be effective upon approval-Cont’d.

Commissioner Carbone

made a motion to adopt the Nye County Association of Sheriff’s Supervisors Agreement; seconded by Commissioner Jabbour; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. 12. For Possible Action — Election of Chair of the Board of Highway Corn mission e rs.

Commissioner Jabbour

made a motion for Commissioner Carbone to remain as the Highway Chair; seconded by Commissioner Boskovich; 5 yeas. 13. For Possible Action — Election of Vice Chair of the Board of Highway Commissioners.

Commissioner Strickland

made a motion for Commissioner Boskovich to remain in the position; seconded by Commissioner Carbone; 5 yeas.

Commissioner Strickland

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

Commissioner Carbone

made a motion to appoint Skip Hadduck to a term expiring January, 2025; seconded by Commissioner Boskovich; 5 yeas. January 3, 2024 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Boskovich

made a motion to approve items 17.1-17.7; seconded by

Commissioner Carbone

; 5 yeas. 17.2. For Possible Action Approval of an offer of dedication for road right of way being the entire South 40.00 feet fronting West Mazzuka Avenue and the entire West 40.00 feet fronting the property located at 1370 West Mazzuka Avenue, Pahrump, NV, Assessor’s Parcel Number 027-111-16, from PeterJ. lannuzzi and designate West Mazzuka Avenue and North Neil Street as a Minor County Road relecting maintenance for the purpose of future road improvements.

Commissioner Boskovich

made a motion to approve items 17.1-17.7; seconded by

Commissioner Carbone

; 5 yeas. 17.3. For Possible Action Approval of the State of Nevada, Department of Public Safety Acknowledgement for Services in Lieu of Grant funding forms.

Commissioner Boskovich

made a motion to approve items 17.1-17.7; seconded by

Commissioner Carbone

; 5 yeas. 17.4. For Possible Action — Approval to: 17.4.a. Accept the Nevada Governor’s Office of Economic Development Amendment #2 to extend the grant period through to January 31, 2024 for the continuation of the Community Development Block Grant Department of Emergency Management (OEM) Emergency Generators Project. There is no change to the funding at this time; and 17.4.b. Execute the amendment.

Commissioner Boskovich

made a motion to approve items 17.1-17.7; seconded by

Commissioner Carbone

; 5 yeas. January 3, 2024 17.5. For Possible Action — Approval to: 17.5.a. Accept the Nevada Governor’s Office of Economic Development Amendment # 2 to extend the grant period through to March 31, 2024 for the continuation of the Community Development Block Grant Tonopah Union Plaza Parking Lot Proiect. There is no change to the funding at this time; and 17.5.b. Execute the amendment.

Commissioner Boskovich

made a motion to approve items 17.1-17.7; seconded by

Commissioner Carbone

; 5 yeas. 17.6. For Possible Action Approval to accept a donation of a 2016 Mine Resistant Ambush Protected Vehicle (MRAP) from the United States Department of Defense/State of Nevada 1033 Program provided to the Nye County Sheriff’s Office for the purpose of use in SWAT Operations, tactical situations, high-water rescue in roadways and situations involving armed subjects.

Commissioner Boskovich

made a motion to approve items 17.1-17.7; seconded by

Commissioner Carbone

; 5 yeas. 17.7. For Possible Action Approval to accept the donation of a 2018 BMW RI200RT VIN# WB10A1303JZ466935 motorcycle being donated to the Nye County Sheriffs Office from the Boulder City (NV) Police Department.

Commissioner Boskovich

made a motion to approve items 17.1-17.7; seconded by

Commissioner Carbone

; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Jabbour

thought option three was at the top of Mr. Kampf’s list. He asked Mr. Kampf between option one and option two which one would be at the top of his list.

Mr. Kampf

said justice complex option one would be his preferred option because it provided more space, but he did not believe it reflected the true total cost of the move because sooner or later space would have to be provided for the Clerk of Courts function. Pahrump Tourism Director Arlette Ledbetter said she had talked with Mr. Kampf and she did not have an answer to this. She was concerned about whose budget this would come out of. There had also been talk about getting air conditioned conex boxes to store the tourism material, which Ms. Ledbetter could live with, but then they would be minus their conference room which was used frequently by herself and the Pahrump Buildings and Grounds staff. She wondered who would pay to maintain the three-phase power and the conex boxes. Courtney Kenney from Pahrump Buildings and Grounds said there was a plan for a new shop to be built for Mr. Martinez and his crew, but that would not happen for another year and a half or two years. There had also been talks about expanding his staff into tourism because the extra space was needed in Mr. Martinez’s department as the current shop was so small. Helen Bae advised this was a Clerk funding expense for a move so any option would come out of the general fund. January 3, 2024 19. For Possible Action Discussion, deliberation and direction to staff on whether or not to relocate the County Clerk’s Office equipment and non-court clerk staff from the Ian Deutch Government Complex in Pahrump to a location determined by the Board of County Commissioners-Cont’d.

Commissioner Strickland

said her opinion was since these changes were being made to take care of a court administrator it would be mandatory that it be funded from Judicial, but that commitment from Judicial was needed.

Ms. Bae

said Judicial was still a function of the general fund. Brian Kunzi said this was being done at the direction of the court for court improvement. Court improvement funds were given to the County Commissioners to expend on behalf of the court. While it may end up in another fight, he thought it was a fight that needed to happen as the judges did not get to dictate those funds. If they wanted this move to be done, the way to facilitate that would be to use court improvement funds.

Commissioner Strickland

asked what that fund number was.

Ms. Bae

advised the fund was 10247, district court improvement, and as of today the fund balance was $102,671.35, which was budgeted in its entirety for services/supplies.

Mr. Kunzi

noted this fund was replenished continuously with revenue from court fees. He wondered if those were posted and what the anticipated revenue was. Tamie Pitman said it was better to spend the money wisely and thought it made sense to upgrade the building with three-phase power.

Ms. Bae

said the predicted revenue for this year for that fund was $90,000.00.

Commissioner Jabbour

said it was possible that the district court was working on something at this time that the Board was not privy to and he would hate to take all of it without asking them about that.

Ms. Bae

said the whole amount was not available as their regular expenses were budgeted, but she could confirm that and project out how much they were going to actually use for the rest of the year.

Mr. Kunzi

stated the court’s operating costs should not come out of this fund as it was listed only for court improvement projects. He strongly believed the County needed to start taking control because the statutes were very clear the money was given to the County Commissioners, not to the court for the court to decide what funds were going to be spent and how they would be spent.

Commissioner Carbone

asked Mr. Kampf what would happen if the Board did nothing. January 3, 2024 19. For Possible Action Discussion, deliberation and direction to staff on whether or not to relocate the County Clerk’s Office equipment and non-court clerk staff from the Ian Deutch Government Complex in Pahrump to a location determined by the Board of County Cornmissioners-Cont’d.

Mr. Kampf

said he would continue to move on like he was, but there would be no place for the court administrator to be located with the staff.

Mr. Kunzi

explained the previous court administrator was housed in Tonopah. There was an office in the court offices that was dedicated to that court administrator when she came down to Pahrump, so there was a vacant office in the current courtroom chambers. He thought the idea that the court administrator had to be on top of the clerks in the Clerk’s Office was a ridiculous proposition given the fact of how this had operated for years. The court would have to demonstrate they had an absolute necessity to move that court administrator into the current Clerk’s Office to be in close proximity to those clerks. Mr. Kunzi said how the courts operated in the past was certainly something that needed to be taken into consideration.

Commissioner Carbone

said in discussions with Mr. Kampf the premise had always been that space was needed for this particular individual who would work directly for the judge. His question was if the current location only needed to be modified to have two counters for the different functions if the move out of the building was really needed. He asked Mr. Kampf what needed to be modified in the current location to give him what he needed.

Mr. Kampf

said the best thing for cost would be that they stayed where they were and kick the can down the road. It would be doable, but he did not think it was optimal.

Commissioner Carbone

recommended moving this item to January 17, 2024, to allow time to sit down with the Clerk, Mr. Allen, and the District Attorney to draw up something within the funds that might be available before then. The rest of the Commissioners supported that. Staff was directed to schedule that meeting. January 3, 2024 BOARD OF COMMISSIONERS 18. For Possible Action — Discussion and deliberation regarding: 18.a. Approving a waiver of requirement for franchisee, Pahrump Valley Disposal, Inc. DBA Amargosa Disposal, to provide 90-day notice of intent to renew the Solid Waste Franchise Agreement for Amargosa Valley; and 18.b. Grant a renewal of referenced solid waste franchise agreement for one additional term of ten years-Reopened. Attorney Mackenzie Warren Kay from McDonald Carano, Corey Pearson, the driver for Pahrump Valley Disposal, and Mike Smith, its general manager, were present.

Ms. Warren

Kay explained the franchise agreement contained an option to extend the contract for an additional 10 years. While the Amargosa Valley area was relatively small, it had modestly grown in the last 15 years. They estimated the number of households and businesses had grown roughly by 20% to 30% since 2009. Currently the franchisee was servicing 248 residential households and 51 commercial customers. Additionally, the franchisee had not requested a rate adjustment beyond the annual CPI since 2009. Ms. Warren Kay said the Board was well aware that the cost of doing business was going up in both labor and equipment purchases. She asked the Board to consider extending the term for an additional 10 years.

Mr. Smith

said they had been in the community for over 25 years and he thanked the County for that. He also thanked the Town of Amargosa and the customers that paid the bills. He said he looked forward to another 10 plus years.

Mr. Pearson

said he had been driving the route for eight years and had seen the growth there. Crystal had also had doubled in the last four years. Public Works Director said there was a clause in the franchise agreement that they had to apply for this 90 days in advance. They were a couple of days late, so that was item 1 8.a. Item 1 8.b. was for the Commissioners to grant the 10-year extension. He called a few residents of Amargosa Valley and there had been some complaints received over the years, which were mostly about the stoppage of service when someone had not paid their bill. Mr. BoIling said the only problem Public Works had with the franchise agreement itself was the lack of competition in the roll off portion as it did not allow for any roll off services by someone other than the franchisee.

Ms. Warren

Kay explained Pahrump Town Ordinance 43 addressed roll off bins and that discussion could be had, but she was not prepared and was not the attorney on this matter. She was not sure it was appropriate to opine on that as it was outside the bounds of the franchise agreement. January 3, 2024 18. For Possible Action — Discussion and deliberation regarding: 18.a. Approving a waiver of requirement for franchisee, Pahrump Valley Disposal, Inc. DBA Amargosa Disposal, to provide 90-day notice of intent to renew the Solid Waste Franchise Agreement for Amargosa Valley; and 18.b. Grant a renewal of referenced solid waste franchise agreement for one additional term of ten yea rs-Reopened-Cont’d.

Mr. Boiling

said he only brought that up was because there had been numerous inquiries about starting roll off businesses.

Commissioner Jabbour

asked Ms. Warren Kay how many roll offs had been leased to Amargosa Valley in the last year.

Ms. Warren

Kay said she did not have a breakdown of in the last year, but there were currently three permanent active roll offs in Amargosa and eight active temporary roll offs.

Commissioner Jabbour

pointed out the first paragraph on page four of the agreement stated construction or demolition debris may be removed by any duly licensed construction contractor and transported, but not exclusively to this group. He asked Mr. Boiling if he agreed with that.

Mr. Boiling

said any person who did the demolition or construction could haul their own waste to a landfill. Brian Kunzi disagreed with Mr. BoIling. The language was any licensed contractor so someone could contract with another licensed contractor to remove the debris. It did not have to be done by the person actually doing the demolition. Tyler Leavitt said he could not provide roll off dumpsters to anybody in Amargosa because of PTO 43, which stated the franchisee had sole and exclusive rights to haul all solid waste. He said he was trying to start a small business and he kept getting shut down.

Commissioner Jabbour

asked Mr. Leavitt if he was a duly licensed construction contractor at this time, to which Mr. Leavitt responded no.

Commissioner Boskovich

made a motion to waive, approve, and renew.

Mr. Kunzi

pointed out the notice was given 10 days after the 90-day deadline and that would have to be waived recognizing this was a 15-year contract.

Commissioner Boskovich

amended his motion to waive the 90-day notice and grant the renewal; seconded by Commissioner Jabbour; 5 yeas. January 3, 2024 SHERIFF

Commissioner Strickland

said she had texted Marilyn Kirkpatrick, who sat on the board for Clark County. She said she was not aware they were supporting those solar projects and this letter would begin that discussion.

Commissioner Cox

wondered if they even went in front of the Clark County Planning or the Commission with the solar projects because it may be open zoning or no zoning out there.

Commissioner Jabbour

asked if the letter would be hand-delivered to the Clark County Commission or mailed. He also asked Ms. Labadie if she planned to get on their agenda to make a presentation, which he strongly suggested. He thought one or two of the Commissioners should accompany her as well.

Ms. Labadie

said if directed to do so she would be happy to. January 3, 2024 21. For Possible Action Discussion and deliberation to approve, amend and approve, or reject a letter to the Clark County Board of County Commissioners regarding solar applications in Clark County within the Pahrump Hydrographic Basin 162-Cont’d. Commissioners Boskovich and Jabbour volunteered to join her. Dawn Duncan said 8,000 acres had been appropriated through the BLM for huge amounts of solar arrays to be set up next year. She did not want to see that much growth in that area of Nye County. On the way to Laughlin there were thousands of solar arrays which were blinding at certain times of the day. The track of Basin 230 along U.S. 95 at Crystal and Amargosa would be a similar situation. Ms. Duncan said it was coming and protections needed to be put in place. Mike Fender thanked the Board for getting this letter together. He had also sent letters to the Bureau of Land Management and Deborah Haaland in Washington, D.C. He never heard back from the chairman for Clark County and he sent two letters to them.

Mr. Fender

also sent information to Senator Rosen, Senator Stowe, and Congressman Horsford with no response. He left a copy of what he had sent for the Commissioners to read.

Commissioner Carbone

made a motion to approve the letter to the Clark County Board of County Commissioners regarding solar applications in Clark County; seconded by

Commissioner Boskovich

; 5 yeas.

Commissioner Jabbour

suggested removing Rover Metals from the letter and replace it with the Board opposed any exploratory drilling for lithium near the Ash Meadows Refuge. Mason Voehi, executive director of the Amargosa Conservancy, thanked the Board for engaging on this incredibly important issue and said they supported the Board sending the letter. Dawn Duncan thanked everyone who had been involved in this. She along with many residents of the County vehemently opposed any toxic lithium drilling in any future January 3, 2024 22. For Possible Action Discussion and deliberation to approve, amend and approve, or reject a letter to the Bureau of Land Management State Director, Jon Raby, opposing Rover Metals USA, Inc. exploratory drilling for lithium near Ash Meadows Refuge-Cont’d. lithium mine that would most certainly bring imminent severe dangers and harm to Nye County in the long term. Ms. Duncan encouraged everyone to visit Silver Peak, Nevada, to see the ugly truth of what green energy really looked like and the permanent devastation that it caused. She asked that her notes be included in the minutes [see Attachment 1]. John Bosta asked that his spoken comments be included in the minutes. He said this was called brine mining, which was not in the federal or state mining laws. It was not a load or placer claim. The newspaper said they would drill holes on five acres and it was not required underneath the federal law whereas when looking at the maps provided there were mining laws where they were asking for 6,000 acres of land. There was only one mine in the state of Nevada that had been approved. Eddie Jim stated his opposition to any mining in the Ash Meadows Refuge or anywhere near it. Erika Gerling thanked the Board for taking this direction on this item and focusing on the refuge.

Commissioner Jabbour

made a motion to amend and approve a letter to the Bureau of Land Management State Director John Raby opposing any exploratory drilling for lithium near the Ash Meadows Refuge; seconded by Commissioner Boskovich; 5 yeas. PUBLIC WORKS

Commissioner Carbone

made a motion to approve the software service agreement, fund from 10340 Grants, and execute the agreement; seconded by Commissioner Jabbour; 5 yeas. ______day ___________ ___ January 3, 2024

Commissioner Jabbour

adjourned the meeting. APPROVED this ATTEST: 0 Cri- , 2024. Chair ‘‘f’_L.i Nye County Clerk / Deput—’ January 03, 2024 County Commissioners Meeting RE: Rover Metals Site Plan I am speaking here before you, today, on behalf of protecting our precious eco-systems and the community livelihoods of Nye County, Ash Meadows Conservancy, Crystal, and the Amargosa Valley River Valley, as a whole, from Rover Metals new drilling proposal site plan, and a future lithium project. I am vehemently opposed to any TOXIC lithium drilling and ANY future lithium mine that will most certainly bring imminent, severe dangers, and harm to Nyc County. The long term matter of Let’s Go Lithium’s project, will have a very serious, immediate, and catastrophic effects, which will permanently harm our Basin 230’s underground water, our drinking water, our families communities, farming and animal husbandry, our schools, tourist destinations, and most importantly, the protected Ash Meadows conservancy, where several protected species call home. I urge you and everyone present today, to visit Silver Peak, NV, where the enormous Albemarle lithium mine is in full scale operation. Here, you will see first hand, the ugly truth’ to what green” energy, really looks like. Silver Peak, NV is a clear view, into the permanent devastation that they have set forth, for Amargosa Valley and Nye County’s future. I am asking that Rover Metals current drilling proposal plan and any future Lithium drilling plans in Basin 230, for a toxic poisonous lithium mine, within the pristine Amargosa River Valley, be banned... PERMANENTLY. Nye County, Ash Meadows, the Amargosa River Valley and its surrounding communities, are NOT a toxic lithium dump site, to be filled with millions of acres of poisonous chemical leach fields, peddled off, under the guise of so called green” energy. Thank you. b ATTACHMENT I