Public meetings / Board of County Commissioners
January 17, 2024
172 turns, 172 with a named speaker, under 16 agenda items. The words and the names are the county clerk's.
Attendance
Commissioner Cox
was not present at this time.
2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.)
Mr. Goldstein’s
calls for help, but refused to do anything and took the young man to his sister’s house instead and told his sister to find something to do with him. His sister took him to Las Vegas and went to five different hospitals before one would finally admit him. Mr. Goldstein stated that was appalling and it needed to be addressed by the Sheriff. The suicide rates were bad enough and if it could be prevented it needed to be. Maryan Hollis welcomed the opportunity to speak on presentations and publicly recognized the Commissioners’ efforts to allow that. Diane Southworth provided a community outreach update. She asked people to check the Nye Communities Coalition Web site to see if there was something they could do that would be helpful to the community. Ammie Nelson advised people were getting sample ballots in the mail, which was something the Democrats were pushing. They could be disregarded or marked none of these candidates because the primary started on February 6, 2024, at 8:00 am. People could vote in person and Donald Trump would be on that ballot. Tom Waters said the next meeting of the prostate cancer support group would be on January 23, 2024, from 6:00 p.m. to 7:30 p.m. at the DAV building. Also, Pahrump Life Magazine was looking for veterans’ stories. Kay LaPointe said the election was February 6, 2024, but the Republican caucus was February 8, 2024. There would be voting locations in Pahrump, Beatty, Amargosa, Round Mountain, and Tonopah from 5:00 p.m. to 7:00 p.m. that day. Darryl Lackey said the new name for his program was Plumb Bob Portable Living Units. He then talked about the need to shift away from Republican and Democrat. January 17, 2024 person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (FIRST).
Commissioner Cox
was present. Oliver Jones said the Woven Mike would be at Rhinestones on February 4, 2024, at 5:00 p.m., which was a variety show of local artists and he would be the host as Cupid. On Valentine’s Day they would do a series of 12 short scenes about love at 5280, all of which were written by him. The cost was $60.00 a ticket for dinner, a drink, a raffle ticket, and the lady would take a rose home. Pat Minshall said she agreed with Miss Hollis about allowing public comment after presentations. She then discussed the Reno Extension Program’s lack of programs in Amargosa Valley, which she had mentioned after every presentation they had made.
Ms. Minshall
felt the Board did not follow up with questions to the Extension representatives about that during their presentations. On the subject of human trafficking, Commissioner Strickland advised the Pahrump Valley Soroptimist International had their human trafficking program on Saturday. In response to Ms. Minshall’s comments, Commissioner Cox told her Amargosa could have any programs it wanted if it was addressed through the town board. She suggested Ms. Minshall provide the Extension with some phone numbers to get some programs for the kids. As the liaison to the library board, Commissioner Carbone said he got to see a lot of things they were doing and he was very happy to see the changes in the library.
Commissioner Jabbour
also addressed the library comments. He hoped all of the dogs passed the test because he remembered an old movie called All Good Dogs Go To Heaven and asked that they make sure all dogs passed the test.
Commissioner Boskovich
talked about a program at the airport in Reno where they had dogs that could be pet as well as a program where the kids read to the dogs. He was agreeable to doing whatever could be done to help them.
3. Commissioners’/Manaqer’s Comments (This item limited to announcements or
Commissioner Carbone
said he was at the Soroptimist meeting as well and demonstrated the hand signal to give if someone was in trouble. January 17, 2024 announcements or topiclissues proposed for future workshops/agendas).
Commissioner Jabbour
said human trafficking was a huge challenge for the Sheriff’s office and all of the levels of law enforcement. It was a horrible, horrific activity, which was why everyone needed to be very aware of the human trafficking issues.
Commissioner Strickland
said anyone could join the Soroptimists, not just women, and people could contact her. She then announced Prairie Fire would host an event starting Sunday called Over the Berm, which would run all week. Assessor Sheree Stringer said since the LATCF agenda item was pulled from the agenda for today she would like to know when it would be back on and how long it would take for the Commissioners to put them in order of necessity. Samantha Tackett recommended Mrs. Stringer speak with Finance on that.
8. 10:00 a.m. Presentation by Glenn Puit with Navarro, a Contractor to the U.S.
Commissioner Boskovich
said he submitted his application yesterday.
Commissioner Jabbour
encouraged the public to apply. 7. Reopened 10:00 a.m. For Possible Action Discussion and deliberation - — — regarding the monthly statement of county treasurer pursuant to NRS 354.280 including receipts, balances in funds, money on deposit, outstanding checks, and cash on hand. Tim Bohannon wanted to make sure the public was aware of the effort that had been involved with the reconciliation and reducing the amount of miscellaneous adjustments and he commended the Treasurer and her staff for the work they had done. January 17, 2024 6. Reopened Presentation of certificates andlor plagues to five (5) employees honored for their years of service.
Commissioner Jabbour
recognized Pahrump Buildings and Grounds Manager Jimmy Martinez for 20 years of great service since Mr. Martinez was not able to attend the meeting where he would have been presented with his plaque.
9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation
Commissioner Strickland
opened and closed the public hearing.
Commissioner Jabbour
was okay with the application having to be submitted on-line through the application portal, but he was concerned if everyone had the ability and knowledge to do everything on-line.
Ms. Medici
advised if an applicant was unable to apply on-line they had a public portal in their department and staff would help them walk through the process.
Commissioner Carbone
made a motion to adopt Bill No. 2023-17 effective January 31, 2024; seconded by Commissioner Jabbour. Samantha Tackett said the effective date did not need to be part of the motion, however, the effective date in the back-up needed to be changed to February 14, 2024.
Commissioner Carbone
amended his motion to adopt Bill No. 2023-17; Commissioner Jabbour amended his second; 5 yeas. January 17, 2024
10. 10:00 a.m. For Possible Action Public Hearing, discussion, and
Commissioner Strickland
open the public hearing.
Commissioner Strickland
asked the Planning Department representative to address the notice requirement for the record. Assistant Planning Director Steve Oborne stated the notices were completed for this item as required by Nye County Code.
Commissioner Strickland
asked for a motion to accept the back-up documents.
Commissioner Carbone
made a motion to accept the back-up; seconded by
Commissioner Jabbour
; 5 yeas. Savka Kovacevic, the property owner, Dejan Kovacevic, and Khosrow Alighchi were present. January 17, 2024 — — — deliberation on AP-23-6: An Appeal of the Pahrump Regional Planning Commission’s denial of the following items relating to Conditional Use Permit CU-23-31 and Waiver application WV-23-14 on property located at 2121 W. Charleston Park Avenue. Pahrump, NV. Assessor’s Parcel Number 036-351 -32. Nighthawk Logistics Inc. Property Owner; Savka Kovacevic — — Applicant/Appellant. Koz Aliqhchi Agent: I 0.a. CU-23-31: a Conditional Use Permit to allow a Rail/Motor Freight Terminal on a General Commercial (GC) zoned parcel; and I 0.b. WV-23-1 4: a Waiver of the following sections of Nye County Code 17.04, Article VI, Development Standards: 10.b.1. NCC 17.04.730(D)(4) “Construction and Design Requirements: Surface”; and 10.b.2. NCC 17.04.740 “Landscaping”.
Mr. Kovacevic
explained the lot they were trying to use was for personal vehicles. Las Vegas was getting crowded, which was why they purchased this land because they could not park their own personal trucks and trailers. They were willing to do gravel to for dust control and the traffic would be minimal.
Mr. Alighchi
clarified his client was stating it would not be used for commercial purposes. Also, most of the parcels around it were vacant, and the land in front of this parcel was used as a junk yard. Brian Kunzi noted the conditional use permit was to allow a rail motor freight terminal on a general commercial zone parcel. He asked if the applicant was withdrawing that from the request.
Mr. Kovacevic
said no and they were still using it for personal semi-trailer truck and trailer storage parking. They had 40 trailers they rented out and a lot of them were coming back because business was bad and Las Vegas was getting crowded so there was no parking available.
Commissioner Jabbour
said part of the information read that the personal commercial trucks and trailers would be parked and forgotten about. He asked if they would ever be moved.
Mr. Kovacevic
said yes, of course, but the frequency of the movement would not be daily.
Commissioner Jabbour
said page 13 of the back-up showed the hours of operation as Monday through Friday 6:00 a.m. to 9:00 p.m. He asked the applicant if they would comply with those hours. January 17, 2024 - — — deliberation on AP-23-6: An Appeal of the Pahrump Regional Planning Commission’s denial of the following items relating to Conditional Use Permit CU-23-31 and Waiver application WV-23-14 on property located at 2121 W. Charleston Park Avenue. Pahrump, NV. Assessor’s Parcel Number 036-351 -32. Nighthawk Logistics Inc. Property Owner; Savka Kovacevic — — Applicant/Appellant. Koz Alighchi Agent: 10.a. CU-23-31: a Conditional Use Permit to allow a RaillMotor Freight Terminal on a General Commercial (GC) zoned parcel; and 10.b. WV-23-14: a Waiver of the following sections of Nye County Code 17.04, Article VI, Development Standards: 10.b.1. NCC 17.04.730(D)(4) “Construction and Design Requirements: Surface”; and I 0.b.2. NCC 17.04.740 “Landscaping”.
Mr. Kovacevic
said they would.
Commissioner Jabbour
referred to the statement in the back-up regarding very little car traffic and the applicant envisioned there would be no problem with dust or any other environmental issues.
Mr. Kovacevic
said their vehicles would not move daily. There would be 10 trucks coming in and 10 trucks going out a couple of times a month.
Commissioner Jabbour
asked if business became good again if traffic and activity on the property would increase.
Mr. Kovacevic
explained once the trailers went out they would be under a lease agreement for a year so those trailers going out would not be coming back daily.
Commissioner Boskovich
was concerned that this was very much commercial and said it did not sound like a personal use vehicle type of thing to him.
Commissioner Carbone
advised he was at the RPC meeting when this item was heard. The applicant argued that they did not need a two-way driveway and did not need to pave, but Nye County Code required paving to the road.
Mr. Kovacevic
said they could pave from the gate to the main road or the lot inside.
Commissioner Carbone
thought the request from the RPC was to have the lot paved, and there were several options for that identified in the Code.
Commissioner Strickland
explained paving was necessary because when the truck started or the brakes were hit air was blown, let alone putting 18 wheels across gravel January 17, 2024 - — — deliberation on AP-23-6: An Appeal of the Pahrump Regional Planning Commission’s denial of the following items relating to Conditional Use Permit CU-23-31 and Waiver application WV-23-14 on property located at 2121 W. Charleston Park Avenue. Pahrump, NV. Assessor’s Parcel Number 036-351 -32. Nighthawk Logistics Inc. Property Owner; Savka Kovacevic — — ApplicantlAppellant. Koz Aliqhchi Agent: 10.a. CU-23-31: a Conditional Use Permit to allow a RaillMotor Freight Terminal on a General Commercial (GC) zoned parcel; and 10.b. WV-23-14: a Waiver of the following sections of Nye County Code 17.04, Article VI, Development Standards: 10.b.1. NCC 17.04.730(D)(4) “Construction and Design Requirements: Surface”; and I 0.b.2. NCC 17.04.740 “Landscaping”. leaving the facility creating more dust. She thought the RPC did the Board a favor by pointing out that needed to be done.
Commissioner Cox
did not understand why terminals were being discussed when the applicant said they were not building anything as well as why a CUP was being required on a general commercial piece of property. Planning Director Brett Waggoner asked why uses were being discussed other than the one that was applied for and what the appeal was on. Even vehicle storage required a conditional use permit.
Commissioner Strickland
added terminal was a word used for parking, so if he gave it that label then other truck driving companies knew they could park there and move their trucks in and out. It had nothing to do with a building.
Commissioner Cox
agreed with gravel for dust control, but she was not sure about requiring paving. As to the lights, she mentioned there was a low-light ordinance in Pahrump that prohibited the applicant from putting bright shiny lights everywhere.
Mr. Kovacevic
said they were not aware of that. There was no electricity to the lot so they were going to use solar.
Mr. Kunzi
advised the lighting was not part of the waiver request.
Mr. Osborne
explained the personal trucks pertained to a business so a CUP was required for that. They discussed that there was a junkyard nearby, which was brought up at the Planning Commission. That had been there prior to adoption of the zoning ordinance. The waiver was for paving on the parcel, not the driveway, but they did have an option of doing the double layer chip seal which was an alternative to asphalt. January 17, 2024 - — — deliberation on AP-23-6: An Appeal of the Pahrump Regional Planning Commission’s denial of the following items relating to Conditional Use Permit CU-23-31 and Waiver application WV-23-14 on property located at 2121 W. Charleston Park Avenue. Pahrump, NV. Assessor’s Parcel Number 036-351 -32. Nighthawk Logistics Inc. Property Owner; Savka Kovacevic — — ApplicantlAppellant. Koz Alighchi Agent: I 0.a. CU-23-31: a Conditional Use Permit to allow a RaillMotor Freight Terminal on a General Commercial (GC) zoned parcel; and 10.b. WV-23-14: a Waiver of the following sections of Nye County Code 17.04, Article VI, Development Standards: 10.b.1. NCC 17.04.730(D)(4) “Construction and Design Requirements: Surface”; and I 0.b.2. NCC 17.04.740 “Landscaping”.
Mr. Alighchi
stated there was no paving in the vicinity and double chip seal would prevent the water absorbing into the ground and create flooding issues in the area. Stephanie Vallakian said she owned property within the vicinity. The applicant was asking for basically a lot that would house 40 18-wheel trailers to be parked and taken in and out of the area. It was zoned commercial and intended to service the needs of the community. This was an industrial project and Ms. Vallakian did understand why he was not taking this to an industrial piece of property rather than a commercial piece of property. This would definitely impact the zoning and the area’s traffic pattern.
Sheriff McGill
stated if the waiver was granted on the ground surface, the first time it rained with the poof dirt in Pahrump there would be semi trucks buried up to their axles. Secondly, based on his experience, if any of the 40 semi trucks stored on this property were loaded with whatever product might be in them then there would be people breaking into them, especially if the facility was not maintained with on-site security 24/7. Laura Larsen felt this would end up being a problem for the community and asked the Commissioners to not approve it.
Commissioner Strickland
closed the public hearing.
Commissioner Jabbour
made a motion to deny; seconded by Commissioner Boskovich.
Mr. Kunzi
read the findings made by the RPC into the record.
Mr. Waggoner
asked if that was a vote affirm the RPC decision. January 17, 2024 - — — deliberation on AP-23-6: An Appeal of the Pahrump Regional Planning Commission’s denial of the following items relating to Conditional Use Permit CU-23-31 and Waiver application WV-23-14 on property located at 2121 W. Charleston Park Avenue. Pahrump, NV. Assessor’s Parcel Number 036-351-32. Nighthawk Logistics Inc. Property Owner; Savka Kovacevic — — Applicant/Appellant. Koz Alighchi Agent: I 0.a. CU-23-31: a Conditional Use Permit to allow a Rail/Motor Freight Terminal on a General Commercial (GC) zoned parcel; and 10.b. WV-23-14: a Waiver of the following sections of Nye County Code 17.04, Article VI, Development Standards: 10.b.1. NCC 17.04.730(D)(4) “Construction and Design Requirements: Surface”; and I 0.b.2. NCC 17.04.740 “Landscaping”.
Commissioner Strickland
said it was and asked for a motion to affirm instead.
Commissioner Jabbour
made a motion to affirm; seconded by Commissioner Boskovich; 4 yeas. Commissioner Carbone voted nay.
11. 10:00 a.m. For Possible Action Public Hearing, discussion, and
Commissioner Strickland
opened the public hearing.
Commissioner Strickland
asked the Planning Department representative to address the notice of hearing for the record. January 17, 2024 - — — deliberation on AP-23-7: An Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit CU-23-29: an application to allow a 125-foot Monopole Wireless Facility on a Commercial Manufacturing (CM) zoned parcel located at 2340 W. Bell Vista Avenue, Pahrump, NV. Assessor’s Parcel Number 029-523-1 5. Searles Family Trust Property Owner. Reginald Destree Agent/Appellant. Steve Osborne stated the notices were done properly in accordance with Nye County Code.
Commissioner Carbone
made a motion to accept the back-up; seconded by
Commissioner Boskovich
; 5 yeas. Reg Destree, the appellant, said there was no formal reason provided for the denial in the decision memorandum. He stated the RPC’s decision should be overturned as it seemed even beforehand that the actual reason for the denial was based on health concerns. Everyone who was opposed spoke to disliking or fearing 5G. The way the motion to deny was crafted was specifically to cut that out after the vast majority of the folks that showed up were opposed to that, but that was not within the purview of that board or this Commission. There was no discussion of the site characteristics or options that could lessen the visual impact or achieve conformance with the ordinance.
Mr. Destree
stated the ordinance standards themselves could be considered creating a de facto prohibition on the development of sites. Additionally, while this property was historically CM zoning, there was an error made when the master plan was put together and it was put in as RDR, which was not Mr. Destree’s fault and was not really a basis for denial. Item two on the staff report stated this was a 125-foot pole surrounded by residential, but the property had been CM zoned for decades and there was a heavy commercial use next door. There were also 12 parcels on the north side of the road that were commercial uses. Mr. Destree had proposed doing a 99-foot pole, but there was really no discussion about that. There was also no discussion about alternative aesthetics. In finding eight staff noted the zone height limit was 48 feet, but at 48 feet the antennas were too low and would not cover enough area. Mr. Destree asked that the Commission overturn the denial and approve this site with the pole height at 99 feet. In the alternative, he would ask the Commission to table this item for 90 days as he was pursuing a possible County location and a new structure would not be needed.
Ms. Khoury
stated her strong opposition to this item due to its close proximity to her home as well as the negative impacts of these towers. Tracy Horowitz said the appeal did not change the concerns of the neighborhood let alone the existing zoning regulations for this predominantly residential area. She wondered in the request for a 90-day extension if they were actually looking to move location to put it further away from any neighborhood or if they were looking for a chance to change the existing zoning regulations. She wanted to be sure it was an intention to look for another location not in a residential area. January 17, 2024 - — — deliberation on AP-23-7: An Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit CU-23-29: an application to allow a 125-foot Monopole Wireless Facility on a Commercial Manufacturing (CM) zoned parcel located at 2340 W. Bell Vista Avenue, Pahrump, NV. Assessor’s Parcel Number 029-523-1 5. Searles Family Trust Property Owner. Reginald Destree Agent/Appellant. Laura Larsen stated her opposition to this 5G tower due to the harm they caused. Herman Lewis said the health consequences and scientific evidence was there that the microwaves and RF were very dangerous so sometimes people’s health had to be put above money. Karen Waldman talked about the effects of the carcinogenic radio frequency radiation emitted. She asked the Board to deny the 90-day extension as well as his ability to be able to do this. Pauline Keenan said this cell tower was directly across the street from her front door and asked the Board to deny the appeal and the extension. Ammie Nelson also discussed the health issues caused by these towers. This tower would be very close to where she lived and she was against anybody putting a 5G tower that close to her. Tamie Pitman hoped the Board declined this. Loren Drellack asked the Board to deny this as there was no way this pole would be architecturally integrated in the surroundings of the valley and would impede the enjoyment of the views. The area was also not the bustling commercial corridor that the applicant indicated it was.
Mr. Osborne
noted the appellant mentioned there were no findings or inadequate findings made by the RPC. He pointed out that the RPC did adopt findings, which were one through eight in the staff report with the exception of three, the one more focused on the health issues. Also, one of those findings was that residential zoning surrounded the site. Another finding was the proposed use was not harmonious or compatible with the surrounding vicinity.
Commissioner Strickland
closed the public hearing.
Commissioner Boskovich
made a motion to affirm the denial based on the findings. At Commissioner Boskovich’s request, Brian Kunzi read the findings into the record. January 17, 2024 - — — deliberation on AP-23-7: An Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit CU-23-29: an application to allow a 125-foot Monopole Wireless Facility on a Commercial Manufacturing (CM) zoned parcel located at 2340 W. Bell Vista Avenue, Pahrump, NV. Assessor’s Parcel Number 029-523-15. Searles Family Trust Property Owner. Reginald Destree AgentlAppellant.
Commissioner Jabbour
seconded the motion to affirm the denial based on the findings; 5 yeas. The Board was in recess until 2:00 p.m.
Commissioner Cox
was not present.
12. 10:00 a.m. For Possible Action Public Hearing, discussion, and
Commissioner Strickland
opened the public hearing.
Commissioner Strickland
asked the Planning Department representative to address the notice of hearing for the record. Steve Osborne stated all required notices had been completed in accordance with the Nye County Code.
Commissioner Carbone
made a motion to accept the back-up; seconded by
Commissioner Boskovich
; 5 yeas. January 17, 2024 - — — deliberation on AP-23-8: An Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit CU-23-22: an application to allow multi-family transitional temporary emergency housing on a General Commercial (GC) zoned parcel located at 4021 N. Nevada Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-731 -09. Rain Man, LLC Property Owner. Melissa Eure ApplicantlAppellant. Melissa Eure, appearing on behalf of the applicant and owner Rain Man LLC, Kathy McKenna, executive director for Nevada Outreach, and Kevin Romney, the property owner, were present.
Ms. Eure
said when they were in front of the Planning Commission there was a tenant in place operating on the property. They heard very clearly and understood that there were quite a few concerns and issues with that particular operator. Ms. Eure advised they were searching for another operator, but a new operator was not in place or planned at the time of the Planning Commission meeting so they moved forward with the operator that was on site. Since then the lease had been terminated and they vacated the property along with anyone they had placed on the property. They had since found a new operator for the site for the emergency housing who would operate in a manner that was much more consistent with the County’s codes and regulations.
Ms. McKenna
said she had found someone interested in granting them the funds for this project. She spoke with the Nevada Community Foundation, who agreed give two years worth of funding for Rain Man. That funding would allow them to provide 24 months of emergency temporary housing for domestic violence survivors and their families as well as giving them time to case manage and work with the family to get them in permanent housing. Ms. McKenna said there would be additional items needed such as household goods, appliances, and paper products.
Ms. McKenna
stated this was not a homeless shelter as there were only eight rooms, and it was not a place for permanent housing, but it would allow them to work with many partners in the community. This was focused on children as one could not be homeless with children, and there would also be domestic violence victims, elders with no children, and veterans in the facility.
Commissioner Cox
asked how much the grant would be charged to put a family in a room.
Ms. McKenna
explained they were paying for them to rent the Rain Man facility for 24 months.
Commissioner Strickland
felt the best way for that to be said was those rooms were prepaid. January 17, 2024 - — — deliberation on AP-23-8: An Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit CU-23-22: an application to allow multi-family transitional temporary emergency housing on a General Commercial (GC) zoned parcel located at 4021 N. Nevada Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-731 -09. Rain Man, LLC Property Owner. Melissa Eure ApplicantlAppellant.
Ms. McKenna
said yes. The owner would pay for three months and 21 months would be paid by the grant, which was 100% of what the grant would be used for. There were no other funds for staff for operation.
Commissioner Cox
said she was trying to see how far the money could be stretched. The back-up showed a $25.00 a day charge for the room which included some food, etc., under the old operator. However, she saw another piece where it was $1,200.00 a month per room.
Ms. McKenna
said that was the old operator and they were not charging that. No money would be charged to their clients in the facility.
Commissioner Jabbour
noted the facility was currently open and operating until tomorrow. He asked if there was a contingency plan for the people there currently if this did not move forward.
Ms. McKenna
said that would create a slight problem because some of the children were in school. The rest of the people they would take to a shelter Las Vegas if they could find a shelter that would take them as they did not do not have any funding for any hotel rooms. The only other thing they could do was to see if they could get them a tent.
Commissioner Jabbour
asked if there would be an on-site manager.
Ms. McKenna
said she could not promise that 100% right now. Currently a staff member stayed there with the individuals, but they had not flushed out whether the person there would continue to be a staff member or not. There would also be cameras at the location which could be accessed 24/7.
Commissioner Boskovich
asked if this would be exclusively used for Pahrump and Nye County folks.
Ms. McKenna
stated she could not swear that everybody 100% was going to come from Nye County. That was what they strived for, but if they had the ability to help somebody rather than having them sleep on the street they would.
Commissioner Boskovich
was concerned about the lack of infrastructure in Pahrump to take homeless and people in need from elsewhere. If Clark County had the January 17, 2024 - — — deliberation on AP-23-8: An Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit CU-23-22: an application to allow multi-family transitional temporary emergency housing on a General Commercial (GC) zoned parcel located at 4021 N. Nevada Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-731 -09. Rain Man, LLC Property Owner. Melissa Eure Applicant/Appellant. infrastructure and the systems in place he wondered why people would not be better off there.
Ms. McKenna
explained they helped veterans and elders already. In order for them to use most of their grant funds those people were required to have a Nye County ID. If they did not have that ID she could not help them. She stated they did not see a lot of people coming from Las Vegas to try to sign up for homeless services.
Commissioner Boskovich
said he would support this if it was helping Nye County citizens exclusively.
Commissioner Strickland
said she looked at this as a new tenancy and Ms. McKenna had the track record to support her. The other difference was this was not County grant money. It came from someone else and it was no different than a hotel room. Brian Kunzi advised the Commissioners they could not dictate how it was operated and a condition that it served only Nye County residents could not be put on it as that would be in violation of the laws.
Commissioner Carbone
asked if they would use the restaurant.
Ms. McKenna
said right now they were not touching that. Maybe down the road they could do an AA meeting or have therapy out of there, but right now it was locked and no one had a key to it but her.
Mr. Osborne
advised when this was heard by the RPC the staff recommendation for denial was based primarily on the number of calls that had been received through dispatch for fire and law enforcement during that two-year period.
Ms. McKenna
said she had the temporary use permit for the last month and she did not believe the Sheriff or fire had been out there. Karen Waldman wondered what would happen in 24 months when the funding ran out; how emergency was defined; who would approve the people who lived there; if there was a time limit on how long a family could live there; if the property changed hands would the CUP stay with the property; what the source of the grant was and how much it was; and how the people would pay for food and other necessities. January 17, 2024 - — — deliberation on AP-23-8: An Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit CU-23-22: an application to allow multi-family transitional temporary emergency housing on a General Commercial (GC) zoned parcel located at 4021 N. Nevada Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-731-09. Rain Man, LLC Property Owner. Melissa Eure ApplicantlAppellant. Julie Hix, one of the people Ms. McKenna had recently helped, talked about her experience and asked the Board to give them this grant. Craig Hall, a veteran with a four-month old child Ms. McKenna had also recently helped, spoke of his experience. Maryan Hollis said she was a little confused because she thought this was an appeal on a denial for a convalescent care facility, not an emergency shelter, so her comments were geared toward that. She recognized the need for a safe haven and between No To Abuse and Ms. McKenna’s organization this was a guaranteed feeder system in addition to what other agencies brought to her door. Ms. Hollis had concerns with bringing people in from other areas and as well as with the District Attorney’s statement that they could not be restricted. Ammie Nelson said the children needed to be kept safe. She supported this item and hoped the Commissioners thought seriously about how much this was needed at this time. Laura Larsen said she was at the RPC meeting when this item came up. She felt this was a can of worms the Commissioners did not want to open. Health and Human Services Director Karyn Smith stated this was a small solution to a big need that had been present for a very long time. She said this was going to be a wonderful partnership and was something she had been looking for. She talked about her rapid rehousing transient homeless program and the problems they ran into when trying to transition people from homelessness to permanent housing. This was transitional housing which might be needed for a week a month to give people that extra help in order to get back into society and learn how to live. Ms. Smith said she looked forward to partnering with Ms. McKenna on this and as they created a homeless committee to find ways to fund this to keep it going. Tamie Pitman stated severe, in-depth background checks were needed as there could be more problems than what there were before. Gordon Cox said he looked at this facility with Tom Waters. Mr. Waters’ view was that they were going to try and get some places for veterans that were being displaced and just needed to get off the streets while they were getting transitioned. The children also needed a safe space. January 17, 2024 - — — deliberation on AP-23-8: An Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit CU-23-22: an application to allow multi-family transitional temporary emergency housing on a General Commercial (GC) zoned parcel located at 4021 N. Nevada Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-731 -09. Rain Man, LLC Property Owner. Melissa Eure Applicant/Appellant. Katrina Devoll told the Commissioners how Ms. McKenna helped her and her family when they were thrown out of her mother’s house because of her stepfather. Karen Holley from the Nye County School District stated her support of Ms. McKenna and the work she was doing. Tim Bohannon said transition programs were very necessary in the community in his opinion and with proper oversight could be very effective. Pat Minshall said there was not a town or a city that did need this type of help and Rain Man sounded like a wonderful idea.
Commissioner Strickland
closed the public hearing.
Commissioner Jabbour
made a motion to reverse the denial by the RPC based on the findings. Brian Kunzi wanted to make sure there was a clear record here as he thought a lot of people had misunderstandings. He felt that there were a lot of people who thought the Commissioners had to find that the RPC did not have substantial evidence, which would be incorrect. He was at the hearing when this application was denied and clearly the RPC with the evidence that was presented to them was not acting inappropriately whatsoever in denying it. Mr. Kunzi said the public needed to understand that the Code allowed the Commissioners to either sustain or reverse what the RPC did and it did not have to be based upon the RPC not having substantial evidence. The Board could do this based on the new evidence presented today which warranted the reversal of the action taken by the RPC.
Commissioner Jabbour
withdrew his motion.
Commissioner Jabbour
made a motion to reverse based on the new evidence; seconded by Commissioner Carbone.
Mr. Kunzi
advised the Board would want to reverse and allow the issuance of a CUP subject to the standard conditions of approval provided in the staff report in the back-up.
Commissioner Jabbour
withdrew his motion; Commissioner Carbone withdrew his second. January 17, 2024 - — — deliberation on AP-23-8: An Appeal of the Pahrump Regional Planning Commission’s denial of Conditional Use Permit CU-23-22: an application to allow multi-family transitional temporary emergency housing on a General Commercial (GC) zoned parcel located at 4021 N. Nevada Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-731 -09. Rain Man, LLC Property Owner. Melissa Eure Applicant/Appellant.
Commissioner Jabbour
made a motion to approve what the District Afforney just read; seconded by Commissioner Carbone; 5 yeas.
13. 10:00 a.m. For Possible Action Public Hearing, discussion, and
Ms. Medici
said the PRPC recommended the Board of County Commissioners adopt or amend and adopt the conforming zone changes for 38 parcels that were originally January 17, 2024 - — — deliberation on ZCMP-23-31: an application for a conforming Zone Change for the following: 13.a. Village Residential (VR-20) to Rural Estates Residential (RE-I) for seventeen (17) parcels, totaling 19.49-acres, Pahrump, NV. Assessor’s Parcel Numbers 029-641-05 through -18; 029-642-15 and -16; and 027- 371 -1 4, -15, and -17; 13.b. VR-20 to RE-2 for nine (9) parcels totaling 20.721-acres, Pahrump, NV. Assessor’s Parcel Numbers 029-642-01; 029-642-10; 029-642-13 and -14; 029-642-17; 029-641 -19 and -20; and 029-642-08 and -09; 13.c. VR-20 to Rural Homestead (RH 4.5) for seven (7) parcels totaling 34.384- acres. Pahrump, NV. Assessor’s Parcel Numbers 027-371 -02; 029-642-03 and -04; 029-642-18 and -19; 027-371-12; and a portion of 027-371-13; 13.d. VR-20 to RH-9.5 for four (4) parcels totaling 56.147-acres. Pahrump, NV. Assessor’s Parcel Numbers 029-641 -04; 027-371 -10 and -II; and 027- 371 -03; and 13.e. RE-I to RH-4.5 for one (I) parcel totaling 4.5-acres. Pahrump, NV. Assessor’s Parcel Number 027-371 -04. Nye County Planning — Applicant. Multiple Property Owners. zoned VR-20 to their respective acreage size zoning districts, which would be RE-i, RE-2, RH-4.5, and RH-9.5. The subject parcels were located in Calvada Valley Unit ii, a Preferred Equities subdivision that was recorded in 1974. The zone change actions were necessary to conform to the RDR master plan designation.
Commissioner Strickland
opened and closed the public hearing.
Commissioner Boskovich
made a motion to approve all of the zone changes in items 13.a.-13.e.; seconded by Commissioner Carbone; 5 yeas.
14. 10:00 a.m. For Possible Action Public Hearing, discussion, and
Commissioner Strickland
opened the public hearing. January 17, 2024 - — — deliberation to issue an Outdoor Festival License to Kelli Sater for the Pahrump Chili Cookoff Festival to be held March 22 through 24, 2024, at Petrack Park located at 150 N. Highway 160, Pahrump, NV. Kelli Sater said the Cinderella Girls would benefit from this event.
Commissioner Strickland
closed the public hearing.
Commissioner Boskovich
made a motion to approve the outdoor festival license to Kelli Sater; seconded by Commissioner Carbone; 5 yeas. Brian Kunzi challenged every other County office to a chili cook-off.
18. CONSENT AGENDA ITEMS These are items that Staff recommends for
Commissioner Boskovich
made a motion to approve items 18.1-18.5; seconded by
Commissioner Cox
; 5 yeas. 18.2. For Possible Action Approval of Return of Sale; Affidavits of Publication pursuant to NRS 361.595 for the Nye County Trust Property Online Auction results, held on November 28-30, 2023.
Commissioner Boskovich
made a motion to approve items 18.1-18.5; seconded by
Commissioner Cox
; 5 yeas. 18.3. For Possible Action — Approval to: 18.3.a. Accept the Nevada Governor’s Office of Economic Development Amendment #5 to extend the grant period through to March 31, 2024 for the continuation of the Community Development Block Grant Pahrump Fairgrounds Water and Well System Project. There is no change to the funding at this time; and 18.3.b. Execute the amendment.
Commissioner Boskovich
made a motion to approve items 18.1-18.5; seconded by
Commissioner Cox
; 5 yeas. January 17, 2024 18.4. For Possible Action — Approval to: 18.4.a. Accept the Federal Fiscal Year 2024 Notice of SubAward (NOSA) from Aging and Disability Services Division (ADSD) in the amount of $87,968.00 to provide congregate meal services in Tonopah, Nye County. 18.4.b. Execute the Subaward; and 18.4.c. Fund to 10281 Senior Nutrition.
Commissioner Boskovich
made a motion to approve items 18.1-18.5; seconded by
Commissioner Cox
; 5 yeas. 18.5 For Possible Action — Approval to: 18.5.a. Accept the Federal Fiscal Year 2024 Notice of SubAward (NOSA) from Aging and Disability Services Division (ADSD) in the amount of $65,373.50 to provide home-delivered meals to senior clients in Beatty, Tonopah, Sarcobatus Flats and Gabbs in Nye County; 18.5.b. Execute the Subaward; and 18.5.c. Fund to 10281 Senior Nutrition.
Commissioner Boskovich
made a motion to approve items 18.1-18.5; seconded by
Commissioner Cox
; 5 yeas. PLANNINGIBUILDING/CODE COMPLIANCE
37. For Possible Action Discussion and deliberation regarding the approval of
Commissioner Strickland
said Ms. Med ici just stated commercial industrial subdivision, which was not in the agenda item, so she thought a motion would be only for a tentative commercial subdivision with no mention of industrial. Brian Kunzi was concerned about some conditional use requirements that were not specified in the agenda item. He thought those needed to be part of the agenda item so he suggested continuing this item. Russ Meads advised there was already a CUP approved a little over a year ago, which spelled out what was and was not allowed on the property. It had not lapsed.
Mr. Kunzi
said it sounded like there were going to be new conditions.
Mr. Meads
said there could be new conditions when a new proposal was brought forward, but this was simply a map. As to the Road Department’s condition as far as entering into an agreement, he said there was one in place, but it was maintained in the owner’s name.
Mr. BoIling
clarified they would like to enter into a restrictive covenant running with the land so that if and when Public Works developed the roads around this property they were responsible for putting in their share of it.
Commissioner Carbone
made a motion to approve LD-23-18, a tentative commercial subdivision map; seconded by Commissioner Boskovich; 5 yeas. January 17, 2024 PUBLIC WORKS
39. For Possible Action — Discussion and deliberation to:
Commissioner Carbone
made a motion to award Bid No. 2023-18 to BEC Environmental, approve the contract with the selected bidder, and fund to 10340 Grants; seconded by Commissioner Jabbour; 5 yeas. January 17, 2024 HEALTH & HUMAN SERVICES 36. Presentation by Karyn Smith, Health and Human Services Director, regarding the programs that Health and Human Services provides to include Long Term Care; 50150 County Match; Public Guardian; Rapid Re-Housing Program; Ryan White; Women, Infant and Children (WIC); Community Health Nurse; Senior Nutrition; and the services that are offered through each. (10-minute time limit) Karyn Smith gave a presentation on the services provided through her office. 32. For Possible Action — Discussion and deliberation to: 32.a. Approve, amend and approve, or reject a site rental agreement with the Board of Regents of the Nevada System of Higher Education on Behalf of the Desert Research Institute (DRI) for the purpose of maintaining and operating a remotely controlled cloud seeding generator and weather station on county property located at Assessor’s Parcel Number 047-041-02, 7401 E. Manse Rd., Pahrump, NV; and 32.b. Determine if lease back payments from 2018 to 2023 in the amount of $38,244.00 should be charged or waived. Samantha Tackett said the County entered into a lease with DRI in 2018 and within some months after the lease was approved staff was informed that the property would not be used so the lease was kind of let go and was never budgeted for in 2022. Staff was doing an audit of all of the accounts receivable leases and discovered this had not been budgeted. When it was looked into again it was found that the property had been used since day one. Ms. Tackett had been in communication with DRI since 2022 trying to figure out what happened and how it got to this point. It turned out that DRI was informed the Board waived the fees, so both parties to the lease were misinformed on how it would be treated. Part b of this agenda item was asking the Board to either waive the fees or back charge because the property was used. Additionally, since the property was in use and would need to be in use as far as Ms. Tackett knew, staff would like to maintain the lease with DRI. This item gave the Board the opportunity to adjust the lease as necessary.
Commissioner Boskovich
asked who informed DRI they did not have to pay.
Ms. Tackett
said her contact advised the person who executed the lease on their side was no longer with the company and did not have authority to do so. That was probably the one that told them they did not need to pay. Daniel Weeks, General Manager of the Water District Governing Board, asked the Board to consider modifying the lease in a manner conforming with other leases. When contractors came in and worked for them, a lease was created at $1.00 or something reasonable so they could continue the cloud seeding program. Mr. Weeks felt this January 17, 2024 32. Cont’d. - For Possible Action — Discussion and deliberation to: 32.a. Approve, amend and approve, or reject a site rental agreement with the Board of Regents of the Nevada System of Higher Education on Behalf of the Desert Research Institute (DRI) for the purpose of maintaining and operating a remotely controlled cloud seeding generator and weather station on county property located at Assessor’s Parcel Number 047-041 -02, 7401 E. Manse Rd., Pahrump, NV; and 32.b. Determine if lease back payments from 2018 to 2023 in the amount of $38,244.00 should be charged or waived. lease as presented would impose a hardship on their contract with DRI as no one knew about it.
Ms. Tackett
advised the lease expired in 2023 so the Board needed to take action today to allow for the cloud seeding generator to be on the property. A lease needed to be approved as they were occupying the property without permission, and the Board needed to determine if back fees should be paid. Within the lease approval the Board had the option to modify what DRI would pay moving forward, if anything.
Mr. Weeks
said the water district would ask the Board to waive the fees for the previous lease and modify the lease as presented to include either a reasonable $1 .00 or $100.00 per year lease fee so that Nye County may control the property and the lease as presented would still be in effect. The County would have the right of refusal and eviction and would retain legal possession of the land and authorize DRI to utilize it so if at some point in the future should the terms of the lease be changed the County would remain in complete control of the property.
Ms. Tackett
realized the lease did not make it into the back-up and suggested moving this item to the February 6, 2024, agenda so the Board had the opportunity to review the lease.
Commissioner Carbone
made a motion to continue this item to February 6, 2024, to get a copy of the lease agreement; seconded by Commissioner Boskovich; 5 yeas. January 17, 2024 SHERIFF 28. For Possible Action — Discussion and deliberation to: 28.a. Discuss the bid proposals received for Bid No. 2023-22 Body Worn Cameras; 28.b. Reject non-responsive bid proposals; 28.c. Award bid 2023-22 to Axon Enterprise, Inc.; LensLock, Inc.; PCN Strategies; or Utility Associates, Inc.; 28d. Approve or amend and approve the five (5) year contract with selected bidder; 28.e. Fund to 10340 Grants and multiple Sheriff Public Safety Sales and Use Tax Funds; or 28.f. Reject bids and provide direction to staff on how to proceed with the project. The Board took a brief recess to allow Brian Kunzi to speak with Sheriff McGill. Brian Kunzi explained this was a bid put out for body worn cameras for the Sheriffs Office. There were four bids received and in discussions with Captain Harry Means it was determined that three of the bids were non-responsive. The one responsive bid was from LensLock in the amount of $2,000,319.45. The Board needed to determine whether to reject the three non-responsive bids and then award to the remaining bidder.
Commissioner Strickland
stated she was not happy with the amount of back-up and thought it was unacceptable the Commissioners had to read that much. Purchasing and Contracts Administrator Honey Strozzi said if she had several bids in the future this large she would condense it down into a summary instead of including all of the back-up.
Mr. Kunzi
added all of the requirements were complied with, there was a notice of award of bid issued, and there had been no protest received to that notice.
Commissioner Strickland
asked where this money would come from.
Ms. Strozzi
explained it had been budgeted partially from PSST funds with the respective towns paying for their portion of it and there was also a grant the County was awarded in the amount of $314,000 just for the initial year. The plan for the following years was to use the rest of the funding of $463,000.00 from PSST funds. Helen Bae confirmed the funding would come from the various PSST town funds which had money and were on a better cash balance than some of the other funds.
Sheriff McGill
advised they went to the different town boards in 2023 and got these purchases approved. He also informed the Commissioners it was a State mandate that January 17, 2024 28. Cont’d. - For Possible Action — Discussion and deliberation to: 28.a. Discuss the bid proposals received for Bid No. 2023-22 Body Worn Cameras; 28.b. Reject non-responsive bid proposals; 28.c. Award bid 2023-22 to Axon Enterprise, Inc.; LensLock, Inc.; PCN Strategies; or Utility Associates, Inc.; 28.d. Approve or amend and approve the five (5) year contract with selected bidder; 28.e. Fund to 10340 Grants and multiple Sheriff Public Safety Sales and Use Tax Funds; or 28.f. Reject bids and provide direction to staff on how to proceed with the project. body cams were on all uniformed officers. Since he and Captain Means were not generally on the street they were not required to wear one. Captain Means reviewed the deficiencies in the bids from Axion and PCN, which included things like concealability factor, redaction services, and warranties, among others. Ammie Nelson stated her support of this item. Suzie Hertz asked the Board to urgently approve this in support of all of the Sheriff’s Office’s efforts on behalf of the citizens.
Commissioner Carbone
made a motion to award Bid No. 2023-22, Body Worn Cameras, to LensLock, approve the five-year contract, fund from 10340 Grants, and reject all non-responsive bids; seconded by Commissioner Jabbour. Stephani Elliott asked for an amendment to the motion to include the PSST funds in addition to 1 0340.
Commissioner Carbone
amended his motion to award Bid No. 2023-22, Body Worn Cameras, to LensLock, approve the five-year contract, fund from 10340 Grants and multiple Sheriff Public Safety Sales and Use Tax funds, and reject all non-responsive bids; Commissioner Jabbour amended his second.
Commissioner Cox
asked how many cameras would be purchased, to which Ms. Elliott responded 150.
40. For Possible Action — Discussion and deliberation to:
Commissioner Jabbour
made a motion to approve; seconded by Commissioner Carbone; 5 yeas. BOARD OF COMMISSIONERS 19. For Possible Action Discussion and deliberation regarding selecting
Commissioner Liaison
I Representative positions for 2024.
Commissioner Carbone
made a motion to approve; seconded by Commissioner Boskovich; 5 yeas. CLERK 20. 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. Facilities Manager William Allen advised a floor plan had been agreed upon, but he was in the process of getting prices and had not gotten enough to bring back. His intention was to bring back the floor plan and the estimate for approval at a future date.
Commissioner Strickland
thought the Board could take action on this to direct staff. If the funding was kept under $50,000.00, which she felt would suit this agenda item, it could be approved by Tim Sutton. Mark Kampf thought the solution they came up with was excellent and did not require his office moving out of the Ian Deutch Complex. He did not see how the cost based on just the basics would be materially different from this because the electrical work was the primary cost and that would be the same no matter what the solution was. January 17, 2024 20. Cont’d. 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.
Mr. Sutton
said he already had contractual authority up to $50,000.00 and the $17,000.00 projected for the electric cost already approved by the Board would count toward his authority.
Commissioner Carbone
made a motion to approve; seconded by Commissioner Cox; 5 yeas. 21. For Possible Action Discussion and deliberation to: 21 .a. Rescind Board action taken that approved agenda item 25 at the July 5, 2022 meeting wherein the Board approved to appoint Helene Williams to the Nye County Water District Governing Board with a term expiring June 2024; and 21 .b. Appoint Helene Williams to the Nye County Water District Governing Board with a term expiring June 2025. Ammie Nelson stated her support of Helene Williams.
Commissioner Jabbour
made a motion to rescind board action taken on the approved agenda item 25 on the July 5, 2022, meeting and appoint Helene Wiliams to the Nye County Water District Governing Board with a term expiring June, 2025; seconded by
Commissioner Carbone
; 5 yeas. 22. For Possible Action — Discussion and deliberation to: 22.a. Rescind Board action taken that approved agenda item 29 at the October 18, 2022 meeting wherein the Board approved to appoint Charles H. Miller to the Nye County Water District Area I with a term expiring January 2025; and 22.b. Appoint Charles H. Miller to the Nye County Water District Governing Board, Area 2, with a term expiring June 2024.
Commissioner Jabbour
made a motion to rescind the Board action taken that approved agenda item 29 on October 18, 2022, approving the appointment of Charles Miller to the Nye County Water District Area 1 with the term expiring January, 2025, and appoint Charles Miller to the Nye County Water District Governing Board Area 2 with a term expiring June, 2025; seconded by Commissioner Boskovich; 5 yeas. January 17, 2024 23. For Possible Action — Discussion and deliberation to: 23.a. Appoint three members to the Belmont Advisory Board due to three expiring terms from the following list of applicants: Tracy Bilyeu, Neal Jones, Donna Motis, Anthony J. Perchetti, and Theodore “Tay” Shuff, an dlo r 23.b. Readvertise for the appointment. Neal Jones asked the Commissioners to allow new persons to be on the board. The current members of the board who were reapplying to be members had been on the board for nearly 15 or 20 years and Mr. Jones felt it was time to allow new people the opportunity to serve. He believed having a position on this board for nearly two decades should be sufficient time to accomplish whatever goals they had. Ammie Nelson said Mr. Jones had applied for a position on this board as long as she could remember. She agreed with him that it was time to get some different people with more progressive ideas for the County or the town and she stated her support of him. Janice Berard asked that her written statement be included in the minutes [see Attachment 1]. She stated her support of Mr. Jones for a position on the Belmont Advisory Board as he was capable of doing it professionally just as he has done for 27 years as a well respected civil engineer. That board existed to serve as a liaison between the Belmont community and the Board of County Commissioners, but its primary function was to share information not with the select few but to all Belmont residents and property owners, especially issues that would affect the entire community.
Ms. Berard
referred to the attempt by the County to sell a patented mining claim within Belmont’s residential area. Property owners and the present board were caught off guard by that maneuver, but fortunately had time to react due to Mr. Jones’ efforts. She stated there was room for improvement on this board and felt that Mr. Jones would be able to implement those improvements and take on the tasks that were required of the board.
Commissioner Carbone
made a motion to appoint Tracy Bilyeu, Donna Motis, and Anthony Perchetti; seconded by Commissioner Jabbour.
Commissioner Cox
said she agreed with Ms. Nelson and Mr. Jones as she also thought it was about time somebody else had a chance. She asked if it would be possible to do the appointments one at a time instead of all three as a group as she thought that would be fairer.
Commissioner Jabbour
said he respected Commissioner Cox’s comments and suggestion, however, it was a different process than the motion and the second already put forth. Samantha Tackett asked that the term expiring January, 2026, be included in the motion. January 17, 2024 23. Cont’d. - For Possible Action — Discussion and deliberation to: 23.a. Appoint three members to the Belmont Advisory Board due to three expiring terms from the following list of applicants: Tracy Bilyeu, Neal Jones, Donna Motis, Anthony J. Perchetti, and Theodore “Tay” Shuff, and/or 23.b. Readvertise for the appointment.
Commissioner Carbone
amended his motion to appoint Tracy Bilyeu, Donna Motis, and Anthony Perchetti to terms expiring January, 2026; Commissioner Jabbour amended his second; 3 yeas. Commissioners Cox and Strickland voted nay. 24. For Possible Action — Discussion and deliberation to: 24.a. Appoint seven members to the Central Nevada Museum Board due to seven expiring terms from the following list of applicants: Cindy Kaminski, Randy McLean, Leslie McQuade, Arlene Melton, Allen Metscher, Phyllis Sorhouet, and Carrisa Tashiro, and/or 24.b. Readvertise for the appointment.
Commissioner Carbone
made a motion to approve the seven members to the Central Nevada Museum Board as noted; seconded by Commissioner Boskovich; 5 yeas. 25. For Possible Action — Discussion and deliberation to: 25.a. Appoint one member to the Gabbs Town Advisory Board due to an expiring term from the following list of applicants: Debra L. Harris, andlor 25.b. Readvertise for the appointment.
Commissioner Jabbour
made a motion to appoint to the Gabbs Town Advisory Board due to the expiring term Debra Harris with a term ending January, 2026; seconded by
Commissioner Carbone
; 5 yeas. 24. For Possible Action — Discussion and deliberation to: 24.a. Appoint seven members to the Central Nevada Museum Board due to seven expiring terms from the following list of applicants: Cindy Kaminski, Randy McLean, Leslie McQuade, Arlene Melton, Allen Metscher, Phyllis Sorhouet, and Carrisa Tashiro, andlor 24.b. Readvertise for the appointment-Reopened.
Commissioner Carbone
made a motion to appoint the seven people as noted due to expiring terms with terms expiring January, 2025; seconded by Commissioner Jabbour; 5 yeas. January 17, 2024 26. For Possible Action — Discussion and deliberation to: 26.a. Appoint five members to the Parks and Recreation Advisory Board due to expiring terms from the following list of applicants: Tim Bohannon and Davis Harris, andlor 26.b. Readvertise for the appointment. Tim Bohannon said he had already served for a year on the board and there had been a lot of movement and activity.
Commissioner Boskovich
was not present.
Commissioner Jabbour
made a motion to appoint Tim Bohannon and Dave Harris to the Parks and Recreation Advisory Board with a term ending January, 2026; seconded by
Commissioner Carbone
; 4 yeas. Kelly Sidman explained an application was received late and the advisory board needed to have five members. Samantha Tackett noted the advertisement stated no applications would be received after the deadline. If the Board agreed to readvertise that individual could resubmit by that new deadline.
Commissioner Jabbour
made a motion to readvertise for the three open positions; seconded by Commissioner Carbone; 5 yeas. COUNTY MANAGER 29. Report pursuant to NRS 288.200 on the Findings and Recommendations submitted by Fact-Finder David Gaba for Resolution of Impasse Issues between the Nye County Management Employees Association and Nye County. Tim Sutton explained a tentative agreement was reached and presented to the Board on July 11, 2022, but the Board rejected that agreement for various reasons. One of the main reasons was that the Board felt that department heads should not be in a union. Due to the denial of the agreement the parties participated in non-binding arbitration before David Gaba. His independent opinion was that the tentative agreement that was presented before the Board was fair and should be put into place. In the meantime the County had submitted an action before the EMRB to decide on whether or not department heads could and should be unionized which the arbitrator was not at liberty to decide per his jurisdiction and the non-binding nature of the arbitration. Mr. Sutton said there was nothing further for the Board to do on this per NRS 288. The requirement was to put this opinion before the Board along with the cost. January 17, 2024 29. Cont’d. Report pursuant to NRS 288.200 on the Findings and Recommendations submitted by Fact-Finder David Gaba for Resolution of Impasse Issues between the Nye County Management Employees Association and Nye County. If the Board wanted to implement that at a future time it could, but this was just for information only. 27. For Possible Action — Discussion and deliberation to: 27.a. Appoint two members to the Railroad Valley Advisory Board due to expiring terms from the following list of applicants: Carolyn Drayton; or 27.b. Readvertise for the appointment.
Commissioner Jabbour
made a motion to appoint Carolyn Drayton to the Railroad Valley Advisory Board with a term to end January, 2026, and readvertise for the one position; seconded by Commissioner Carbone; 5 yeas. COUNTY MANAGER 30. For Possible Action — Discussion and deliberation to: 30.a. Appoint eight members to the Nye County Peace Officer Advisory Review Board due to six expiring terms and two vacancies from the following list of applicants: Deanna O’Donnell, Dma Williamson-Erdag, Robert Fuller, Vicki Gladsjo, Anthony Ruppersberg, Gary Underdahl, Dale Wysocki and Ben Zamora; or 30.b. Readvertise for the appointment. Sam Jones said when this board was started he applied for it and was never given an answer. He applied for it the second time when he was illegally arrested. He felt that he should be entitled to sit on the board and should not have to apply again.
Commissioner Cox
explained he was told that he could not be on the board because he had prior police experience, but she noticed there were people on the list who also had police experience.
Commissioner Carbone
said if someone was arrested and found innocent that would not prevent them from being on this board, which Brian Kunzi confirmed.
Commissioner Boskovich
made a motion to appoint Robert Fuller to a term expiring January, 2028; Vicki Gladsjo to a term expiring January, 2026; Deanna O’Donnell to a term expiring January, 2026; Anthony Ruppersberg to a term expiring January, 2026; Gary Underdahl to a term expiring January, 2028; Dma Williamson-Erdag to a term expiring January, 2028; Dale Wysocki to a term expiring January, 2028; and Ben Zamora to a term expiring January, 2028; seconded by Commissioner Carbone; 5 yeas. January 17, 2024 31. For Possible Action Discussion and deliberation to reschedule the second meeting in February to Friday, February 16, 2024 at 10:00 a.m. in Pahrump, NV to allow for certification of the Presidential Preference Primary. Samantha Tackett explained the certification had to be done within 10 days from the and February 16, 2024, was the tenth and final day.
Commissioner Carbone
made a motion to reschedule the meeting in February, 2024, to Friday, February 16, 2024; seconded by Commissioner Jabbour; 5 yeas. FINANCE 33. Report by Helen Bae, Comptroller regarding the budget status for 2nd Quarter Fiscal Year 2024 of Nye County and all sub-entities. Helen Bae provided a budget status report for the second quarter of FY24. Tim Bohannon thanked Ms. Bae for the year over year comparison. He also wanted to be sure Finance and the Treasury talked.
Commissioner Carbone
asked if the County was still in good standing with DTAX.
Ms. Bae
said the County generally ran more expenditures than revenue consistently year over year. The consequence of that was the fund balance depleting over time because of the County not operating within revenue. The timing of revenue also did not help cover the ever growing expenditures. She was paying very close attention to that right now and the County did have DTAX’s attention.
Commissioner Carbone
said some of the projects that had not started needed to be looked at and those funds re-evaluated.
Ms. Bae
said the first priority when it came to general operating was to honor the current contractual obligations, but priority over that was payroll and benefits. They were going by order of importance and those two areas were what they were trying to balance. The rule now was no new projects until they could get a handle on the cash flow. 4. Reopened Approval of the Agenda for January 17, 2024 (Non-action item). Tim Sutton said he had talked with the Public Works Director and items 15 and 16 could be removed from the agenda.
Commissioner Strickland
asked if items 34 and 35 had to be heard today as no one was present anyway. January 17, 2024 4. Reopened — Cont’d. - Approval of the Agenda for January 17, 2024 (Non-action item). Helen Bae said she would like to have item 35 heard as it was a general ARPA policy item and it impacted all of the sub-recipients. Stephani Elliott advised she was present in place of Shelly Poerio from Living Free Health and Fitness, but item 34 did not have to be heard today.
Commissioner Strickland
said unless they were time sensitive she wanted to know if they needed to be heard today.
Ms. Bae
said item 35 should go quick and the Board may not have to hear item 34 as that would be impacted by the decision on item 35.
Commissioner Strickland
said item 35 would remain on the agenda, but item 34 could be removed. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS 15. For Possible Action Discussion and deliberation regarding the General Road Report by the Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing, and direction regarding public works projects. This item was removed from the agenda. 16. Presentation by Thomas Boiling, Nye County Public Works Director regarding status of the road network in Nye County, including budget status, current road conditions, and future planned road maintenance and road improvements. This item was removed from the agenda. SITTING AS THE BOARD OF COUNTY COMMISSIONERS FINANCE 34. For Possible Action Discussion and deliberation to approve, amend and approve, or reject the program budget adjustment request from Shelley Poerio with Living Free Health and Fitness under the Nye County ARPA Recovery Plan and Policy: Public Health Assistance- Mental Health Grant. This item was removed from the agenda. January 17, 2024 35. For Possible Action Discussion and deliberation to approve, amend and approve or reject the proposed updates to the Nye County American Rescue Plan Act (ARPA) Recovery Plan and Policy. Stephani Elliott discussed the proposed changes to the policy in Section 2, Use of Funds, Paragraph D, Administration and Contingency; Economic Impacts, Assistance to Households Rent, Mortgage and Utilities; Economic Impacts, Small Business Assistance, Funding Formula and Requirements; and Contingency and Payroll Costs. Tim Bohannon thought the changes were good.
Commissioner Carbone
made a motion to approve the changes within the policy including on pages 14, 21, 23, and 28; seconded by Commissioner Jabbour; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 17. For Possible Action Discussion and deliberation to accept a donation of a Fire Safety House! Towable Trailer, VIN 1SSTT35T7311SS738 for Pahrump Fire Rescue from Las Vegas Fire Rescue.
Commissioner Carbone
made a motion to accept the donation of the fire house/towable trailer; seconded by Commissioner Boskovich; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS 38. For Possible Action — Presentation, Discussion, and Deliberation to: 38.a. Not move forward with the automatic extension of the Amended and Restated Solid Waste Franchise Agreement (Agreement) with Pahrump Valley Disposal according to the language in section III of the agreement. 38.b. Instruct Staff to issue a letter to Pahrump Valley Disposal no later than January 30th, 2024 informing them of the decision to not move forward with the automatic extension; or 38.c. Do nothing and allow the automatic extension for one year. This item was removed from the agenda. January 17, 2024
43. Commissioners’IManager’s Comments (This item limited to announcements or
Commissioner Carbone
asked the District Attorney if the Commissioners had any power to give input about where the money was invested. Brian Kunzi thought it could be a question of what discretion had been given to the Treasurer. He was not sure it had ever been raised before so he would look into it, but the Treasurer may have been given the statutory authority to do that. ______________day ______________, January 17, 2024
44. ADJOURN
Commissioner Strickland
adjourned the meeting. APPROVED this ATTEST: Of ,4pvi I 2024. (j fl Nye CouI,ty Clerk /(Dputy