July 16, 2024

Commissioner Cox

was present via telephone.

Ms. Borysewich

stated there were negative balances as well as money that went in the wrong place and she wanted to know when the report would be redone. She asked the July 16, 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). Commissioners to look at the report from two months ago to see if it had been corrected and if not direct the Comptroller to at least respond to her questions. Gerald Butler said he had a letter for the Commissioners. Since the County was self insu red due to errors and omissions he wanted his letter entered into the record as official notice of claims being made against the County [see Attachment 1]. His claim surrounded the attempted criminal charges levied against him by the Township of Pahrump as it pertained to citations issued against Mr. Butler by Code and Compliance Enforcement. Mr. Butler said neither the Township of Pahrump nor Nye County were able to operate and set forth the Code Enforcement Department they were utilizing for matters related to clean-up of private property. Additionally, nowhere were the people working within the department able to issue citations as they had no statutory authority.

Mr. Butler

said the County had 30 days from this date to make an offer to resolve this matter prior to further legal actions against the County taking place. Before the County chose to dismiss this claim, Mr. Butler suggested the Commissioners review Mack v. Williams, 138 Nev. Adv.Op.86 (Nev. 2022). That case was important because it clearly stated that private persons could sue the government agency for damages based on the State Constitution whereby damages were implied and need not be actual as well as stripping qualified immunity as a defense in state court. Tonopah Town Manager Joe Westerlund said the second annual Rock and Bottle Show would be this weekend. The town was working on getting a bid out for the Harvey Park basketbaH/pickleball courts and skateboard/skate park project as well as trying to figure out a way to get the archery range installed. The bid for the galvanized line replacement project should go out in August, 2024. There was a health fair at the convention center today from 9:00 a.m. to 2:00 p.m., and the Tonopah Community Immunization and Back to School Event was also today at the health nurse building. Richard Goldstein talked about the 4th of July fireworks show and thanked Jimmy Martinez and his crew who made sure the arena was in shape. He said this was the last year the O’Brien Family would do the fireworks as they had decided to retire. Mr. Goldstein said the town owed a whole lot of gratitude to John O’Brien and his family. It would also be Mr. Goldstein’s last year of doing the fireworks. Mr. Goldstein then said there were large rats in the arena that needed to be taken care of. Diane Southworth provided community outreach updates. Anthony Greco thanked the Commissioners for sending Assistant Public Works Director Beau Gott out to look at his property, but nothing had been done yet. He said the government needed to be cut by 25%, but if the government was cut by just 10% then there would not be a need to borrow $6 million from a place it should not have been borrowed from. July 16, 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). Ammie Nelson read a letter into the record for Anthony Greco due to an injury to his eye which prevented him from reading it himself [see Attachment 2]. The letter stated that since the County was self-insured due to errors and omissions this letter acted as the official notice of claim being made against the County. Mr. Greco’s claims were violation of his rights as it pertained to seniors who were a victim of crime; violation of his rights to due process as it pertained to both criminal and civil procedures; and libelous and slanderous statements about him to others. The County had 30 days from this date, July 16, 2024, to make an offer to resolve this matter prior to further legal actions against the County taking place. Before the County chose to dismiss this claim,

Ms. Nelson

suggest the Commissioners review Mack v. Williams, 138 Nev. Adv.Op.86 (Nev. 2022). That case was important because it clearly stated that private persons could sue the government agency for damages based on the State Constitution whereby damages were implied and need not be actual as well as stripping qualified immunity as a defense in state court. Mr. Greco looked forward to hearing from the Board within 30 days. Dwight Lilly said there was a lot of anger and dissension in the community and no humility. He had heard several lawsuits mentioned in this meeting, which people had a right to but should be the last line of action anybody took. He wondered why people were that way right now and wished the community would come together. Mr. Lilly then said he had a salt cedar tree that he had tried everything he could think of to get rid of. He asked if the County had any information on how homeowners could address the salt cedar to post it on the Web site for the citizens. Brian Kunzi was present. Erika Gerling was present in Beatty. Darryl Lackey spoke about his program to help the homeless by teaching them how to do things. Linda Clark said she did not see how anything on the agenda today would benefit anybody other than the people who wanted to put it here. She felt Pahrump had turned into the dump everyone called it since the County kept allowing everybody to come here and dump on the land. Maryan Hollis addressed the previous speaker’s concern about how the level of angst was arrived at. She said the citizens were constantly on edge waiting for the other shoe to drop on an issue and when it did they thought it was over. Then there were extensions and waivers granted along with appeals, so the people were whipped right back into a frenzy. Ms. Hollis said over the past two months that frenzy had elevated to a point where people were angry and frustrated. July 16, 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). Michael David Garcia talked about serving God’s trust; how the Commissioners were State employees, not County employees; the need to attach a failure to discharge their constitutional obligations which was a felony; inherent rights; property rights; the 1st and l4 Amendments; and schools transitioning children without the parents knowledge. Robert Adams said the BLM was linked up with Colorado Mesa University to invite public participation and recreational focused outreach meetings. There would be two in Pahrump, the first on August 5, 2024, at 7:00 p.m. at the Bob Rudd and the second one on August 9, 2024, at 10:00 am. at Bob Rudd also. There would be two meetings in Beatty on August 8, 2024, one starting at 10:00 a.m. and the other starting at 10:00 p.m. Kay LaPointe said the Cotillion would have a fundraiser on July 30, 2024, at 5280 at 6:00 p.m. She explained money was needed for things like clothing and food for the kids as well as the dance teachers. She thanked Dwight Lilly for his comments. She also saw the anger every time she came to these meetings and the ugly things that were said on Facebook about the County Manager, the District Attorney, and other County employees. Ms. LaPointe said there were lots of other things to do when someone was angry instead funneling their anger at a person. James Petell referred to the presentation he made at the July 2, 2024, meeting about the Nye County Sheriff cruisers in his front yard with their lights blaring for about 20 minutes. He offered to sit down with Sheriff McGill to look at the video he took. Brian Kunzi’s investigator finally contacted him, but Mr. Petell had not had a chance to show him the video yet. He said he would like to either get closure or continue this to a 30- day notice again. Mr. Petell then said he would like to see the lunch hours rotated so people could do business on their lunch hours.

Commissioner Cox

said she had spoken with Darryl Lackey about the program he wanted to do for the homeless during the time the County was getting grants and encouraged him to apply. He was never turned down because he flat refused to follow the program and just wanted the County to give him $50,000.00. As to Jim Petell’s statement about not hearing from the Sheriff, Commissioner Cox said she received an e-mail that stated the Sheriff was out in that location and that they were actually responding to a complaint at his neighbors house. She said if Mr. Petell had not received that e-mail she would provide it to him. She thanked Richard Goldstein and the O’Brien Family for the terrific job they had done with the fireworks. July 16, 2024 announcements, brief discussions of public comments, correction of factual inaccuracies, direction to staff, or topics proposed for future board meetings. Lengthy deliberation of topics not on the agenda is prohibited by the Nevada Open Meeting Law).

Commissioner Jabbour

said the Purple Heart Ceremony would be on August 7, 2024, at 6:00 p.m. at the Chief Tecopa Cemetery. He would present the proclamations to the different organizations and Commissioner Carbone would be the emcee. As to salt cedars, Commissioner Jabbour said his wife had accidentally poured pool acid on some he had in his yard and it killed some of them.

Commissioner Carbone

said salt cedars were actually a vine and that had to be poisoned to get rid of the plant. He said he appreciated the team that had done the fireworks for years. He explained the nickname Pahrump the dump came from Clark County which dumped people in Pahrump to get them out of Clark County.

Commissioner Boskovich

said he knew there were several items that people felt very passionate about and he understood that. He thought it was great that the people were here to share their thoughts and asked everyone to be very respectful and courteous to each other.

Commissioner Strickland

asked for civility during today’s meeting. She also asked the people to give the Commissioners something solid they could work with so they could help. She then told Dwight Lilly that John Pawlak had the ability to help with salt cedars and agreed that an educational piece was needed as part of the County’s network of information and resources. Addressing Mr. Petell’s comments, Sheriff McGill said he knew he forwarded that e-mail to Brian Kunzi as well as Tim Sutton. That was a call for service due to a suicidal threat at the residence directly behind Mr. Petell’s residence. He said running the red and blue lights was standard procedure and he was sorry that it inconvenienced Mr. Petell. Contracts and Grants Manager Stephani Elliott explained Pahrump was an indigenous word which meant water rock. She then announced Stephanie Urga had been promoted to the Grant Administrator position. Animal Shelter Manager Kristy Siegmund said over 46 strays came into the facility this month alone, a lot of them because they were scared by the fireworks, and 34 were successfully returned to their families, If the community was missing an animal she asked them to visit www.24petconnect.com which had all of the photographs of the animals. Ms. Siegmund said they would participate in the national Empty the Shelter adoption event through the Bissell Foundation, which was a reduced fee adoption event. She then thanked all of the volunteers.

Commissioner Carbone

emphasized the need for volunteers. July 16, 2024 announcements, brief discussions of public comments, correction of factual inaccuracies, direction to staff, or topics proposed for future board meetings. Lengthy deliberation of topics not on the agenda is prohibited by the Nevada Open Meeting Law).

Commissioner Boskovich

suggested Ms. Siegmund talk to the senior center and let them know that she would love volunteers. Fire Chief Scott Lewis said the 4th of July Zambelli fireworks show went without a hitch. They responded to over 18 brush fires throughout the community. He then advised they had received their F-500 trailers and last week they conducted live fire training.

Commissioner Strickland

said a social media comment stated she had extended the time for the 4 of July weekend when she did not have that power. Only the Board could do things. She would meet with the Sheriff to see if there was a way to allow more days for fireworks. Chief Lewis said the meeting should include representatives of the fireworks stores as well as Jimmy Martinez as he was responsible for the site.

Sheriff McGill

said there were 59 fireworks calls from 8:00 p.m. to 3:00 a.m. on July 4-5, 2024, with one citation issued. Treasurer Raelynn Powers announced that the real property tax bills had been generated and 75% of them hade been mailed. They partnered with a new company called Invoice Cloud and hoped this new platform would bring them more into the 21st century. Helen Bae addressed the concern about the reconciling items on the Treasurer’s report. She explained the reason why she withheld comment on the Treasurer’s report was because it was currently a working paper and was also being processed. Finance had not spent enough time or started on the reconciling the 24 items on that report. They took time to research and her team had not had the time to do that. It also required coordination with the Treasurer’s Office and the auditor to clear some of the items. Mrs. Bae stated they had every intent to clear these items by the FY24 audit, which was underway.

Ms. Powers

explained that negative was because of the closing entries for FY23. That was not the Nye County School District’s operating budget or cash in bank. The School District maintained and operated out of their own specific entity. Beth Borysewich said she was thrilled that every single person here was hearing about the finances. She said there were options to not having enough people like temporary people that could do the administrative work and then the people who actually worked for the County could do the work to fix all the issues.

Mr. Fiorentino

then discussed the process, which took the waste which was called the feedstock to create other projects. It produced essentially three things DME, bio-oil, and biochar. He displayed a flow chart showing the existing building and how the waste was brought in, what happened to it when it was in the building, and where it went from there. Mr. Fiorentino said it was not hazardous waste and over 50% of it was plastic. The next largest section of it were products like gauze and things like that. There was July 16, 2024 - — LLC regarding the proposed Medical Waste Treatment Facility at 1850 E. Basin Avenue. Pahrump, NV. Assessor’s Parcel Number 035-191-52. less than 3% pathological waste. The waste was tracked by a barcode system from the moment it was produced at the source facility until it was destroyed here. As to truck traffic, Mr. Fiorentino said at the initial start-up of the facility they expected 12 trucks per month, which was roughly three per week. At full capacity they expected it to be around 40 or so a month or 10 or so a week. He noted that did not seem significantly different than what would be seen at the Home Depot or Wal-Mart in the area. The majority of trucks would come in on SR372 and then up Highway 162, which were State roads.

Mr. Fiorentino

said one of the products produced was dimethyl ether, which was used primarily as a substitute or an additive in liquid petroleum gas. It was similar to propane in its composition, but it was less flammable and less explosive. Another product produced was bio-oil, which had a number of commercial uses and was being more developed every day. It was used in the process of developing heating oil and certain plastics productions. He displayed a picture of the machine which had a plastic tray to catch any leakage. The biochar byproduct did not have a commercial use yet, which

Mr. Fiorentino

thought created some confusion at the Planning Commission because he had not seen it before and was not sure exactly how to describe it. It looked like the stuff at the bottom of a barbecue and was primarily carbon and silicon in composition. There were some other trace elements and the Public Works Department had asked for a complete breakdown of that. Mr. Fiorentino said the most important thing to know was it was non-hazardous and safe to be disposed in the landfill, although it had to be regularly tested to ensure that was the case. It would be discharged from an enclosed facility and the current plan was to take it to the landfill. The Public Works Department had asked about the volume to the landfill. Mr. Fiorentino explained each roll-out container held roughly 20 cubic yards. Initially they expected six roll-offs a week roughly at start-up. At full capacity there would be roughly 23 or so roll-offs a month, so six per week. Mr. Fiorentino thought there was plenty of capacity at the landfill for this because of its volume and because of the number of trucks that would go back and forth. At full capacity it would make up less than 4% of the total annual volume that went into the landfill every year.

Mr. Fiorentino

addressed the questions regarding emergency management and those kinds of things. The components of MediWaste’s emergency plan included all drivers had to be DOT trained and certified to handle certain spills themselves. They did not expect a lot because of the way the stuff was being transported as it was in sealed containers in a sealed or enclosed box truck. The building also had fire and emergency management capacities built into it.

Commissioner Boskovich

thanked Mr. Fiorentino for coming and providing some clarity and transparency. He mentioned he had talked to Fire Chief Scott Lewis about this process and facility and he also did not see any safety issues or concerns with it at all. July 16, 2024 - — LLC regarding the proposed Medical Waste Treatment Facility at 1850 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Number 035-191-52.

Commissioner Jabbour

said it was mentioned MediWaste would put $8 million into this this project potentially and asked how many jobs that would bring to Pahrump.

Mr. Fiorentino

thought initially they anticipated five full-time jobs and then up to 15 total when it was at full capacity.

Commissioner Jabbour

asked if any of the waste would be from Nevada.

Mr. Fiorentino

said no, although it would have the capacity to handle Nevada waste. However, MediWaste did not currently have contracts to collect the waste in Nevada.

Commissioner Jabbour

wondered if there was room in the landfill for what Mr. Fiorentino described because Pahrump and Nye County were growing. He then noted that he did not see an emergency shower or eye wash station, which was required.

Mr. Fiorentino

said if that was required they would make it happen.

Commissioner Carbone

said he was at the RPC meeting and listened to the conversation from the owners of the business and there were some things he was kind of confused about. During that meeting they said they talked to somebody at the landfill who said it would not be an issue, but Commissioner Carbone had a document from the landfill folks that said they talked to MediWaste and told them they had to talk to Planning and Public Works. It was also discussed at the RPC meeting that it was not just going to be California that this material would come from. The biochar was also kind of different than what Commissioner Carbone thought it would be as it was said at the RPC meeting it would be more like the consistency of coffee grounds. He confirmed with Mr. Fiorentino that the 3% referred to was human waste such as blood and tissue. As to where the waste was coming from, Mr. Fiorentino clarified it would come from California. What they intended to say was that if did not fill the capacity of the system there was the potential to recycle waste from Nevada and other states.

Commissioner Carbone

asked why Pahrump, because of the nomenclature of Pahrump the dump or because this was the best place to do it because it was centralized or something.

Mr. Fiorentino

stated it was clearly not because of Pahrump the dump. Pahrump was chosen because of its proximity to the Corona facility, It was relatively easy to get the materials here because generally there was a pretty good business environment in Pahrump. Taxes were lower, property costs were lower, and the regulatory process in Nevada was more friendly to businesses, both in Pahrump and at NDOW. There was nothing more to it than that. July 16, 2024 - — LLC regarding the proposed Medical Waste Treatment Facility at 1850 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Number 035-191-52.

Commissioner Strickland

advised the previous Public Works Director told her he really wanted to acquire more land around the current landfill to facilitate the County’s abilities to expand and keep the landfill moving forward. She worked diligently with the District Attorney to try to acquire some land directly adjacent to that landfill and it was not possible as the sellers would not sell so there was a capacity issue. More land from the Bureau of Land Management had not been acquired either although the County had requested it and even if it did the cost was astronomical. She asked if the licenses had been issued yet.

Mr. Fiorentino

said they had not been.

Commissioner Strickland

assumed escrow had closed on the property purchased by MediWaste and asked if it was contingent still.

Mr. Fiorentino

said he did not know the answer to that question, but he could get it.

Commissioner Strickland

said she needed that answer because she was looking at how the County could get out of this because of the landfill.

Mr. Fiorentino

said that was a legitimate issue. He explained what was produced through this process was legally capable and permittable in the landfill, which was different than what the capacity was there. He said they understood their obligation to work with the County if there were capacity issues as there were other opportunities to dispose of the biochar. As to the landfill capacity issues, Public Works Director Tom Boiling stated the initial impact would be negligible, but at full capacity the 23 containers Mr. Fiorentino indicated equated to little over 5,000 cubic yards per year into the landfill. The plan was to expand the landfill anyway so that would probably be part of the factors considered in that expansion. Fire Chief Scott Lewis said one of the things he learned in the early stages was that there were no emissions, but he thought it was important to recognize that this was a fully sprinklered building in an area with fire hydrants that all had high flow. There were a lot of concerns about how much product was stored there afterwards and how the biochar was stored and covered to make sure it was not exposed to wind. Chief Lewis said for all intents and purposes it appeared to be potentially safe, however, there were different safeguards that needed to be ensured without actually going into an operational state. Melody Keith requested her statement be made part of the public record [see Attachment 3]. She believed the CUP should be rescinded because of the July 16, 2024 - — LLC regarding the proposed Medical Waste Treatment Facility at 1850 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Number 035-191-52. misrepresentation of the applicant with the statement in the justification letter that there were no perceived adverse impacts related to exceeding the capacity of public services that could not be mitigated and any issue that may arise could be mitigated. If that statement was true, Ms. Keith wanted to know how would they mitigate the adverse impacts when the landfill was overflowing with 40-foot trucks a day of toxic biochar which would also leach into the water. She asked if they would front the money to build a fully lined landfill to take the toxins and miraculously come up with a new water source that was untainted by the biochar that had leached into the aquifer. Ms. Keith wondered if the citizens would be forced to have bottled water trucked in like Tecopa due to tainted water or worse yet if Pahrump would become a ghost town. Ms. Keith stated this would definitely be an adverse impact on the surrounding homes, businesses, and the community as a whole. This was not a business that was needed or wanted in Pahrump. Beth Borysewich said there were trailers at Wal-Mart and Home Depot, but those businesses supported the people of Pahrump and brought in value. This company was bringing in trash from California to burn here and Ms. Borysewich wondered what the benefit was to Pahrump. She mentioned the roundabouts and wondered how many accidents there would be. She also asked what would happen if the waste ended up in the roadway. Ms. Borysewich did not think this was something beneficial to anyone in Pahrump and asked the Board to reverse and get rid of the CUP. Gina Meredith, owner of Sundance Safety, said the proposed building was used for propane before and this gas that Med iWaste would use was a little bit heavier. She thought floor fans should be considered to move it out from underneath the building because it might not escape the building under the little slits. Ms. Meredith also thought there was more than 3% biomedical waste based on the pictures she had seen. Claudia Holmes said she was definitely against this and did not want it in Pahrump. She asked the Commissioners to say no. Maryan Hollis said there were multiple discrepancies from what she heard today and what she heard at the RPC meeting. Mr. Waggoner told the RPC to not turn down this business coming here just because of a landfill issue, but that seemed to be the issue now. The applicant stated the life of the landfill was 40 years and Ms. Hollis did not know where that number came from. The misrepresentation that there was any concrete conversation with either CNS or the landfill manager spoke volumes just as all the other innuendo words. There was a discussion about water in the conversation and in the letter of justification it was said little water because it would be processed back into the system. Ms. Hollis said at some point that water would not be able to handle what would go into it so it would be shipped out. She had not heard where that would July 16, 2024 - — LLC regarding the proposed Medical Waste Treatment Facility at 1850 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Number 035-191-52. go. Another thing not mentioned today was the fumes from the dimethyl ether. Ms. Hollis asked the Board to rescind the approval. Karen Waidman hoped it would be discovered that this was not a good fit and asked that her statement be made part of the public record [see Attachment 4]. She believed the CUP should be rescinded because of the misrepresentation of the applicant in the statement from his justification letter that the property was compatible in terms of operations, hours, traffic, and dust with the Nevada DMV as a storage yard for plastic flooring and an industrial heavy duty equipment yard. If that statement was true, Ms. Waldman had the following questions: • Did the DMV have storage of hazardous waste, dangerous biochar, or volatile biofuel in unknown volumes until it was picked up and transported elsewhere. • Did the DMV have a steady stream of 53-foot long tractor trailers carrying hazardous waste, 40-foot long trucks carrying dangerous biochar, or specialized fuel trucks carrying volatile biofuel coming in and out nonstop with at least 30 to 40 truckloads a month, not including fuel trucks or landfill loads. • Did the DMV have high heat temperatures used to process their end product ranging in terms of up to 1,6152°F. • Did the other businesses operate as a refinery of a biofuel at their facilities or required a special review or oversight by NDEP at their operations. • Did the other businesses store more than 10,000 pounds of biofuel on site with plans to move beyond that point. • Did the other businesses manufacture a product that created a carbon ash dust that caused respiratory diseases when it was released into the air while being dumped in the landfill. • Did any of the businesses have a shredding chamber that shredded body parts and other pathogens, radioactive, chemical, or infectious waste. • Did any of the businesses keep trailers of medical waste on their property baking in the elements to await processing like what happened in Bermuda. Stephanie Hashimura asked that her statement be put into record [see Attachment 5]. She agreed with the people who spoke before her that they misrepresented themselves in their the application. The statement in Med iWaste’s justification letter was there would be no impact on public transportation, utility service, or any other public service July 16, 2024 - — LLC regarding the proposed Medical Waste Treatment Facility at 1850 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Number 035-191-52. arising from this project and the proposed use would not increase or exceed any public service limitation. If that statement was true, Mrs. Hashimura wondered if the DMV would be affected if there was an explosion at the facility that required more firefighters and EMTs than Pahrump had to extinguish and control the inferno. She also wondered about the plastic flooring yard, an industrial heavy duty equipment yard, or the surrounding homes and businesses that could very well be in the blast area because of the misrepresentation. Mrs. Hashimura thought the CUP should be rescinded. Sharon Cruise asked that her remarks be made part of the record. She stated the CUP should be rescinded because of the misrepresentation of the applicant’s statement in the justification letter that there were no perceived adverse impacts related to exceeding the capacity of public services that could not be mitigated. If that statement was true,

Ms. Cruise

wondered how they would mitigate the adverse impacts during an emergency when the capacity of public services was exceeded to respond to both emergencies by MediWaste and those within the community. Pahrump was a small community with a large footprint of almost 330 square miles to cover. If all of the limited firefighter crews and EMTs were deployed to deal with Med iWaste emergencies, Ms. Cruise wondered where the rest of the community would get help. She believed since the applicant did not answer the question honestly that was grounds to rescind the CUP. Tamie Pitman asked that her statement be entered into the public record [see Attachment 6]. She said the CUP for MediWaste should be withdrawn due to multiple false or unsubstantiated statements in their proposal regarding utility services and how they had no affect or could mitigate the affect. The process of pyrolysis used a lot of heat. A 2023 Japanese study of a commercial pyrolysis plant determined that a commercial plant consumed an average of 14.6 million megawatts per year. Ms. Pitman was concerned with the impact that would have on VEA customers. Ammie Nelson said when businesses like this wanted to come in every detail should be in writing. She listened to the RPC meeting when this was first brought up and some of the things being said today were not said in that meeting. Some statements had also been changed. If it was not possible to rescind the CUP, Ms. Nelson thought the company should be required to put up a $10 million bond, although she did not think they should be allowed to operate in Pahrump. Gloria Barrere asked that her statement be made part of the public record [see Attachment 7]. She believed the CUP should be rescinded because of the statements in their letter. She was concerned with the traffic. Mr. Fiorentino indicated at full-time there would be about 40 trucks a month along with tanker trucks coming and picking up something. He talked about the buyers of the bio-oil picking that up, but it was unknown how much that would be or how often. Ms. Barrere asked that the CUP not be allowed. July 16, 2024 - — LLC regarding the proposed Medical Waste Treatment Facility at 1850 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Number 035-191-52. John O’Brien said pyrolysis was a new process and research showed it was not very effective. It took large scale volumes to be profitable and while it was stated it was hazardous, Mr. O’Brien said that was not true. He wondered why it could not be kept in California. He said it did not belong here and would add 4% to the landfill, which the citizens could not afford. He asked the Commissioners to vote it down. Linda Clark said it was just too expensive to do business in California and the environmental regulations there were terrible for businesses to do anything. It was a lot easier to push it over to Pahrump because it was cheaper. Ms. Clark looked forward to seeing the big trucks go through the roundabouts and said the fire department should be sitting by closely for the accidents. Tim Bohannon pointed out the lack of a robust disaster recovery plan. He was also concerned about the landfill capacity. Jerry Hashimura expressed his concern with the traffic impact on Pahrump’s highway infrastructure and the increased potential for some catastrophic event. He was also concerned when Mr. Fiorentino said if MediWaste was not allowed to dump the char in Pahrump he would find another place to dump it. Mr. Hashimura stated he was opposed to Pahrump taking trash or waste from California or any other state. Candace Hunt was concerned Pahrump would become an industrial waste processing town and thought it would be more appropriate for MediWaste to be in a more rural area. Steven Pitman said biochar may include body parts, fetuses, human and animal organs, tissues, contaminated animal carcasses, used blood products as well as infectious, radioactive sharps (needles and blades), pharmaceutical, cytotoxic, and chemical waste. That was not something the people wanted travelling down their roads even though the gentleman said it would be sorted and dealt with at its source. He was also concerned with the possibility of a tractor trailer overturning on Highway 127. He thought this was a bad idea. Rick Saga said he owned the technology of pyrolysis in other towns, especially in California. He felt they forgot how to present this deal to the County and felt the County’s landfill could really benefit from this technology if MediWaste was pushed the right way. There were tipping fees involved that the County and the people of Pahrump could benefit from. There was also a liquid gas that came out that could help the fuel problem. Mr. Saga said they needed to change their presentation and give back to the community. July 16, 2024 - — LLC regarding the proposed Medical Waste Treatment Facility at 1850 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Number 035-191-52. Angele Dugan thought the CUP should definitely be rescinded because of the potential for growth. Additionally, everything the presenter said benefited MediWaste, not Pahrump other than potentially 15 jobs. Herman Lewis said Pahrump did not need this garbage from California. He thanked the Commissioners for voting to protect the community. Kay LaPointe expressed her concerns with the truck traffic on Highways 160 and 372. She reminded the Commissioners that this was just not about the people who lived in Pahrump now but the future generations as well. Jeannie King said she was worried about the large containers and the potential for an explosion or leakage. Helene Williams, chair of the Nye County Water District Governing Board, said the board would like to know a definitive amount of water that would be used, what the quality of that water would be when they were done with it, and how they would dispose of it.

Commissioner Cox

said she was against anyone puffing explosive materials into what she considered commercial, but unfortunately it got put in as industrial. Now the County was moving forward and making it heavy industrial. She stated that needed to stop and be looked into through the Planning and Zoning Department to try to prevent it from happening again as there were already some things that were really bad. She wished MediWaste had come to the Commission sooner. Commissioner Cox noted it was not approved by the EPA yet and she did not understand why they purchased the property already.

Commissioner Jabbour

said he came across an article in the Pahrump Valley Times from 1982 when the Board of County Commissioners had rejected a similar project coming to Pahrump when there was plenty of room in the landfill and this was the same situation. He said packages occasionally fell off of trucks heading to the Nevada Test Site and although it was secured and packaged, some intensive mitigation occurred. He told Chief Lewis to be prepared for that situation. Commissioner Jabbour thought it would have been easier for Med iWaste to present a project for a beer distillery here. The Board was in recess until 2:30 p.m. July 16, 2024 SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff McGill

assumed the Chair of the Licensing and Liquor Board. LIQUOR

Sheriff McGill

suggested instead of a show cause to simply revoke based on the owner’s desire to not reopen his business.

Commissioner Boskovich

noted he had previously operated without a license and asked if there was a way to make sure that was not happening now.

Sheriff McGill

said this licensee had this same situation last year and it appeared he did not want to open.

Commissioner Carbone

pointed out he did not do any of the work required to make the facility safe.

Sheriff McGill

said if he applied for another liquor license in the future he would have to go through the whole process as if brand new.

Commissioner Jabbour

agreed with revocation.

Ms. Tackett

said the motion should include Code 5.04.290.A., failure of the licensee to promptly pay the quarterly fee. Tim Bohannon said this time the delay felt permanent based on the owner’s feedback to the County. He thought those wishes should be honored to close the business and contact the appropriate parties about the closure, such as the Gaming Control Board. July 16, 2024 - — and deliberation to consider renewal, suspension, or revocation of the Retail Liquor and Gaming Licenses that were not renewed due to nonpayment of the annual renewal fees for The Bounty Hunter, located at 680 S. East St., Pahrump, NV.

Commissioner Jabbour

made a motion per Nye County Code Section 5.04.290 to revoke the license on the grounds of failure of the licensee to promptly pay the quarterly fee; seconded by Commissioner Carbone with the correction of the Code section to 5.04.290.A; 6 yeas.

Commissioner Jabbour

made a motion to approve extending the 90-day temporary liquor license for Tonopah Foods; seconded by Commissioner Carbone; 6 yeas.

Sheriff McGill

explained this was simply an application for name change and not a new license.

Commissioner Boskovich

made a motion to approve the name change of Shenanigans Pub LLC to Sham rocks and Shenanigans LLC; seconded by Commissioner Strickland; 6 yeas. July 16, 2024 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. TIMED ITEMS 10. 10:00 a.m. For Possible Action — — Public Hearing, discussion, and deliberation on: 10.a ZCMP-24-9: An application for a Master Plan Amendment (Minor) to change 5-acres from Rural Density Residential (RDR) to Business Industrial Area (BIA) to allow the development of a solar panel recycling facility, located at 2850 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Number 035-191 -18. Fortunato Villamagna, I-Quest, Inc. — Property Owner IApplicant; and 10.b. ZCMP-24-6: An application for a Conforming Zone Change on a 5-acre parcel zoned Light Industrial (LI) to Heavy Industrial (HI) to allow the development of a solar panel recycling facility, located at 2850 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Number 035-191-1 8. Fortunato Villamagna, I-Quest, Inc. Property Owner I Applicant. Qiana Medici from Planning explained the property owner requested a conforming master plan amendment from RDR to BIA as well as a conforming zone change from LI to HI to allow for the development of a solar panel recycling facility. The RPC heard these items at its June 12, 2024 meeting and voted to recommend denial to the Board of County Commissioners for the zone change and the master plan amendment. Fortunato Villamagna explained the focal point of their CUP was to permit a facility that assessed and resold solar panels into the secondary market. There was no water used and no emissions in the process of testing the viability of the panels before they were shipped back out. Mr. Villamagna said after consultation with a few groups they agreed to restrict the collection area they had originally proposed and they would be submitting an addendum to their application.

Commissioner Strickland

wondered why the process could not be done in the field.

Commissioner Boskovich

asked how many panels were being talked about and how many trucks would there be.

Mr. Villamagna

said 20 tons every month, so about 1,000 panels, and given their re assessment they were now looking at one truck in and one truck out per week.

Commissioner Strickland

wondered what the Commissioners did not know about. July 16, 2024 10. Cont’d. 10:00 am. - — For Possible Action — Public Hearing, discussion, and deliberation on: 10.a ZCMP-24-9: An application for a Master Plan Amendment (Minor) to change 5-acres from Rural Density Residential (RDR) to Business Industrial Area (BIA); and 10.b. ZCMP-24-6: An application for a Conforming Zone Change on a 5-acre parcel zoned Light Industrial (LI) to Heavy Industrial (HI). Fortunato Villamagna, I-Quest, Inc. Property Owner I Applicant.

Mr. Villamagna

said there was nothing. The market was going to be ginormous, and there was a need and a good opportunity to get in on the ground floor of a new industry for the area.

Commissioner Boskovich

asked why Pahrump.

Mr. Villamagna

said because they owned the land and geographically it was in the right spot.

Commissioner Jabbour

asked about the panels that could not be rehabbed.

Mr. Villamagna

said they would be sent to either the facility in Silver Springs, Nevada, or another one in Texas where they would be recycled.

Commissioner Boskovich

asked how the panels were washed if no water was used, to which Mr. Villamagna responded dry wipe.

Commissioner Jabbour

asked if the recycling plants did any testing.

Mr. Villamagna

said no. The recycling plants assumed the panel was no longer useful so they processed the panel to recover the materials.

Commissioner Jabbour

asked if the recycling plants could test the panels.

Mr. Villamagna

said in theory yes, but generally speaking if a business was set up to do the recycling part it was not practical to do the testing part. If a business wanted to do that it could, but the two in question did not.

Commissioner Carbone

said when Mr. Villamagna talked about this at the RPC he commented this was only the beginning and there would be more phases. He thought the phases were that Mr. Villamagna wanted to do the same thing that was happening at the other facilities.

Mr. Villamagna

clarified he meant there would be additional facilities closer to where the other farms were such as Death Valley and Arizona. July 16, 2024 10. Cont’d. 10:00 a.m. - — For Possible Action — Public Hearing, discussion, and deliberation on: 10.a ZCMP-24-9: An application for a Master Plan Amendment (Minor) to change 5-acres from Rural Density Residential (RDR) to Business Industrial Area (BIA); and lOb. ZCMP-24-6: An application for a Conforming Zone Change on a 5-acre parcel zoned Light Industrial (LI) to Heavy Industrial (HI). Fortunato Villamagna, I-Quest, Inc. Property Owner I Applicant.

Commissioner Carbone

asked how the broken panels would be handled as people were worried about the heavy metals in them.

Mr. Villamagna

said the panels were encapsulated and laminated so the metals did not leak out. If there was a broken panel it was a surface glass and there were procedures to scoop that up and send it to the recycling facility.

Commissioner Carbone

thought it was a good business, but maybe not in the right location.

Commissioner Strickland

opened the public hearing. Helene Williams, chair of the Water District Governing Board, said there was no clarification on the amount of water that would be used at facility and what the quality of that water would be when they were done. Stephanie Hashimura asked if this was such a benign enterprise why did she see pictures of people in the recycling facility wearing rebreathers in hazmat suits. She did not believe no breakage would happen. One of the things in the panels was hexavalent chromium and if anyone watched Erin Brockovich that was what they won the big lawsuit against the electric company with. Mrs. Hash imura stated this was not something she wanted in Pahrump and the future generation of children did not need it either. Maryan Hollis said today’s answer to the question why in Pahrump was as different today as it was at the first meeting. At the first meeting on June 24, 2024, Mr. Villamagna said he needed more room because his facility in Lyon County could not handle it. What he failed to say at that time was he had a CUP pending for a facility in the same parking lot which was 20 times bigger. That was passed on June 24, 2024, a few days after the meeting. When the applicant appeared before for the clean-up of the motion the words were nothing had been changed. Ms. Hollis thought there was a pretty significant change because they now had 142,000 square feet compared to the 7,200 that they had before so that was misrepresentation by omission. She asked if he did not need any water where people would wash up or if he would connect to Great Basin. She also wondered if there was an alluvial fan in Lyon County or water issues there like Nye County had. The applicant’s objectives were an industry scale facility. July 16, 2024 10. Cont’d. 10:00 a.m. - — For Possible Action — Public Hearing, discussion, and deliberation on: 10.a ZCMP-24-9: An application for a Master Plan Amendment (Minor) to change 5-acres from Rural Density Residential (RDR) to Business Industrial Area (BIA); and 10.b. ZCMP-24-6: An application for a Conforming Zone Change on a 5-acre parcel zoned Light Industrial (LI) to Heavy Industrial (HI). Fortunato Villamagna, I-Quest, Inc. Property Owner I Applicant. Since they now had one she thought the panels should be shipped up there. The applicant also stated they were rapidly scaling up both storage and recycling capacities.

Ms. Hollis

said phase one was in Pahrump and was the first step down that slippery slope. That first step would consolidate all of their manufacturing base here. As to phase two, the question was asked where did these panels come from and the applicant basically said roofs. His statement in the back-up from before was they came from removing a solar panel system, installation breakage, regular maintenance or damaged replacements, and landfills. Ms. Hollis did not think the applicant was totally forthcoming. Karen Waldman said the agenda item was asking to change the zoning to allow the development of a solar panel recycling facility, but there was zero mention of the other items in the justification letter that was originally presented. Although the applicant purported to want the development of a solar panel recycling facility, he also stated in the denied CUP that the actual recycling would occur at the Silver Springs facility in Lyon County, which was confusing. As to the truck traffic, Ms. Waldman did not think that the numbers bear out. Apparently there would be three trips per employee per day, one inbound trip per employee in the morning peak and one outbound trip per employee in the evening peak. One truck trip per day spread over eight hours of a typical work day with a projected six to ten employees was about 24 to 40 trucks a day. She wondered if that included sending trucks to the Lyon County facility or shipping resold panels to customers. Ms. Waldman had a very big concern about the projected volume of this facility because it was just the tip of the iceberg for the number of solar panels that would be set for recycling in this nation. She was concerned that perhaps the parent facility would quickly become a mirror image of the one in Lyon County instead of just a testing facility as initially stated. If the Board approved these zoning changes, that opened up the ability for this applicant to go ahead with his plans to operate a “solar panel recycling facility.” There was no doubt in Ms. Waldman’s mind that he would move to expand this to a full solar panel recycling operation. She did not see the need for any trucks carrying solar panels to stop here for any reason at all when it could be done at the Lyon County facility. Ms. Waldman asked the Board to please deny the zoning changes just as the RPC did. Melody Keith said she was opposed to this solar recycling facility and thought it was the tip of the iceberg. Since the solar panels were not the County’s they should be taken back to the states or shipped directly to the recycling plant. July 16, 2024 10. Cont’d. 10:00 a.m. - — For Possible Action — Public Hearing, discussion, and deliberation on: 10.a ZCMP-24-9: An application for a Master Plan Amendment (Minor) to change 5-acres from Rural Density Residential (RDR) to Business Industrial Area (BIA); and 10.b. ZCMP-24-6: An application for a Conforming Zone Change on a 5-acre parcel zoned Light Industrial (LI) to Heavy Industrial (HI). Fortunato Villarnagna, I-Quest, Inc. Property Owner I Applicant. John O’Brien said when the RPC heard this one of the questions was large volume and very little reward for Nye County or no reward. The applicant also stated in his presentation he wanted to develop a machine shop inside this particular building so he could go ahead and continue his trade, which was the creation of processes and machines to recycle all kinds of waste. Mr. O’Brien said the RPC denial was based upon impact and reward. Ammie Nelson said she listened to the RPC meeting when this was brought up and they denied this for multiple reasons. The impact on the roads was always an item with all of these types of businesses. Ms. Nelson was waiting for the day that Pahrump got businesses that were good for the citizens and the County, but she did think this was one of them. She stated she was absolutely against this for multiple reasons. Tim Bohannon expressed his concerns about risk management as there seemed to be some thoughts that were not complete as far as what could go wrong. He wondered if there was a contingency plan. Nevel wondered if it would be expanded for fiberglass and plastic. Recycling plant wind generator blades needed to be recycled every ten years. The recycling plant would be nice if it had a product plant that would make stuff out of it to sell. Linda Clark wanted to know what kind of chemicals were used in the dry wipe and what kind of stuff was going to go into the town. James Petell felt there were a lot of businesses trying to sneak in through the RPC all of a sudden. He told the Commissioners to do their job because this stuff was not valid.

Commissioner Strickland

pointed out the RPC rejected this and closed the public hearing.

Commissioner Jabbour

said he specifically asked the question about testing and Mr. Villamagna responded in the affirmative, but in the body of the back-up on the main page it read to allow for the development of a solar panel recycling facility.

Mr. Villamagna

said they used that term generically. July 16, 2024 10. Cont’d. 10:00 a.m. - — For Possible Action — Public Hearing, discussion, and deliberation on: 10.a ZCMP-24-9: An application for a Master Plan Amendment (Minor) to change 5-acres from Rural Density Residential (RDR) to Business Industrial Area (BIA); and 10.b. ZCMP-24-6: An application for a Conforming Zone Change on a 5-acre parcel zoned Light Industrial (LI) to Heavy Industrial (HI). Fortunato Villamagna, I-Quest, Inc. Property Owner I Applicant.

Commissioner Jabbour

said the way it was written if the Board reversed the decision of the RPC a solar panel recycling facility would be allowed.

Mr. Villamagna

said the wording could be changed since at the beginning just the concept of recycling something was what they discussed.

Commissioner Boskovich

made a motion to deny ZCMP-24-9 and ZCMP-24-6; seconded by Commissioner Carbone based on the recommendations from the RPC as documented in both of the actions taken at the June, 2024 and July, 2024 meetings; 5 yeas. 11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on AP-24-6: An Appeal of the Pahrump Regional Planning Commission’s decision to deny CU-24-1 1, an application for a Conditional Use Permit on a 10-acre parcel to allow for a private rodeo arena, located at 2121 S. Madeline Court, Pahrump, NV. Assessor’s Parcel Number 027-571-06. Federico Ortiz Property Owner I Applicant. 12. 10:00 a.m. —For Possible Action Continued Public Hearing, discussion and deliberation on ZCMP-24-7: An application for a Conforming Zone Change on a 10-acre parcel zoned Rural Homestead (RH) -4.5 to Open Space (OS) to allow for a private rodeo arena, located at 2121 S. Madeline Court, Pahrump, NV. Assessor’s Parcel Number 027-571 -06. Federico Ortiz Property Owner I Applicant. Qiana Medici said the RPC heard these items at their May 15, 2024, meeting and voted to recommend denial to the Board of County Commissioners for the conforming zone change. The applications were submitted to rectify a current Code Compliance case. Marco Ruelas, Frederico Ortiz, the property owner, and Edgar Flores, an attorney in town who volunteered to help them, were present.

Commissioner Strickland

said Pah rump put on a few rodeos as did Tonopah and she could name the events that were held. She asked them what they did when they did rodeo. July 16, 2024 II. Cont’d. 10:00 a.m. For Possible Action - — — Public Hearing, discussion and deliberation on AP-24-6. 12. Cont’d. 10:00 a.m. - For Possible Action — — Continued Public Hearing, discussion and deliberation on ZCMP-24-7.

Mr. Ruelas

explained their rodeos were similar to American rodeos with nine events. He said they hosted the second national championship in April, 2024, which consisted of 18 states that came to Pahrump to compete and brought in a lot of revenue. Mr. Ruelas said the events consisted of horsemanship and the Pialis, which was a rider catching the back legs of a wild horse with a rope to stop it and then releasing the rope once the horse had stopped.

Commissioner Strickland

asked what the difference was between Pialis and horse tripping. She said when that kind of roping was done on a calf at the Pahrump rodeo a ribbon was placed so when it hit that it let go and the calf walked out of the rope. She asked if that was what Pialis was.

Mr. Ruelas

stated they did not do horse tripping and the event was similar to what

Commissioner Strickland

described. The other events included bull riding; head and leg roping of a cow by two teams; bareback bronc riding; and the Manganas, which was a person on foot doing rope tricks as a wild horse ran around and then doing the same thing on a horse trying to rope the horse at the same time. The horse fell on its side, not on its shoulders. He said that was called horse tripping in the past because the person was to grab the front legs and as a horse came to its full 45° the person was to yank it to cause the horse to fall forward. Mr. Ruelas said that was stopped years ago and they sanctioned people who accidentally did it. The last event was the Paso de Muerte, or the death pass, where a wild bronc was on a chute and the rider was on another horse bareback. Both came out of the chute at the same time full speed and the rider jumped from his horse onto the wild horse. There were three teammates behind the rider to make sure that the horse did not stop. If the rider fell off there was a good chance the teammates would stomp on the rider. It was called Paso de Muerte as people had died from being stomped by other horses. Mr. Ruelas said Mr. Ortiz was asking that the Commission approve the CUP so they could continue having these events in the area.

Mr. Flores

said when this was first considered Mr. Ortiz was not able to be present to answer any questions. Mr. Flores realized there were people in the audience who had presented some concerns. He thought they had tried to answer a lot of that in the appeal. He explained this was an incredibly huge, family-oriented, culturally rich event that he had been doing for many years with his family.

Commissioner Strickland

noted the back-up contained several special event permits they had acquired. She asked why they wanted to move from just acquiring the special use permits. July 16, 2024 11. Cont’d. 10:00 a.m. For Possible Action - — — Public Hearing, discussion and deliberation on AP-24-6. 12. Cont’d. 10:00 a.m. - For Possible Action — — Continued Public Hearing, discussion and deliberation on ZCMP-24-7.

Mr. Flores

said it was their understanding that they had to in order to be in compliance. He said there was no desire to do anything outside of these two events annually with the non-profit.

Commissioner Strickland

asked if they could have a limited two event annually special conditional use permit.

Mr. Flores

said if the Board wanted to reword it that way it would have no impact on thematall.

Commissioner Jabbour

asked when the next event would be. Daniel Bautista, president of the Federacion Mexicana de Charreria, said their next event would be in April, 2025.

Commissioner Jabbour

asked if there were paramedics, deputies, and a veterinarian present, to which Mr. Bautista responded yes.

Commissioner Jabbour

expressed concern over the death pass. He asked if anyone had passed during that.

Mr. Ruelas

said a couple of people had fallen off and there were some scars, but nothing serious. The animals they used were not as big and strong as the ones used in American rodeos.

Commissioner Jabbour

asked if any of the animals had been hurt during these rodeos.

Mr. Ruelas

said once in a while a cow would break a leg, but he explained the cattle came from other states already injured and they did not know what their condition was until the rodeo was over.

Mr. Bautista

added they only used each of the cows once.

Commissioner Carbone

asked Ms. Medici what the feeling of the RPC was regarding this activity, that it would be denied right off the bat or if there was a pleasure to review it to see if it was something that was possible.

Ms. Medici

said the commissioners were hoping to be able to ask questions and they sounded like they were kind of interested in it. From a Planning standpoint, she said July 16, 2024 II. Cont’d. 10:00 a.m. For Possible Action - — — Public Hearing, discussion and deliberation on AP-24-6. 12. Cont’d. 10:00 a.m. - For Possible Action — — Continued Public Hearing. discussion and deliberation on ZCMP-24-7. the zone change for open space as far as a private arena made sense because that was how the Code was laid out. As to the events that went on prior to this, Ms. Medici advised there had been very few calls to the Sheriffs Office. Mr. Ortiz was aware he would have to go through a site development process to make sure that the grandstands were permitted, the bathrooms were done, and things like that. She said they had already been looked at by the Building Department and Code Compliance so right now everything was waiting to see how this shook out. They were also ready to submit for site development to clear up the Code Compliance case and Planning staff’s recommendation was for approval.

Commissioner Carbone

asked what would be done about the noise and vehicles as it was disturbing to the people around the facility.

Mr. Ruelas

said most events were over by 10:00 p.m. so the noise should be done by then. There was ample parking for horse trailers and cars, and they typically did not have anyone parked outside. Mr. Ortiz had done a wonderful job putting grading throughout the property and kept it wet to control the dust. Mr. Ruelas understood there had been two calls made, one about noise, but they would work within the conditions.

Commissioner Cox

asked how many people were expected to attend this, how many they had in the past, and if they applied for a liquor license.

Mr. Ruelas

said they expected roughly 500 per day, and they carried a liquor license. They also hired four private security guards to take care of the property during the events.

Commissioner Cox

mentioned the incident at White Glove Ranch where 500 people turned into 900, there was a big fire, and three deputies went to the hospital. She did not want to see that again and said she would appreciate it if they had as much security as they could afford. She would also like to see something in writing that they would not do any horse tripping events.

Commissioner Boskovich

said he was told that although it had been said the public was invited and encouraged to come, they really were not as these were very much private events. He had also been told there was something involving the twisting of a bull’s tail until it fell over. Lastly, he had been told about the horse tripping and said whether it was the front legs or the back legs it was tripping to him. Commissioner Boskovich asked for help in understanding those things. July 16, 2024 II. Cont’d. 10:00 a.m. For Possible Action - — — Public Hearing, discussion and deliberation on AP-24-6. 12. Cont’d. 10:00 a.m. - For Possible Action — — Continued Public Hearing, discussion and deliberation on ZCMP-24-7.

Mr. Ruelas

said the events were open to the public, not private. As to the horse tripping, he said that stopped when California passed the law that it was forbidden and there was not one state in the country that allowed it. It only happened in Mexico.

Commissioner Boskovich

said he did not know if the Sheriff’s Office had the manpower, but he asked if one of their security people could be one of the deputies.

Mr. Ruelas

said he guessed that could be done. He then explained the bull tail twisting was when a bull came out of the chute the person had 60 meters to knock the bull down. The bull came out, the tail was wrapped around the rider’s ankle, and the rider pulled the horse out until it fell down, be it sitting, falling over, or getting back up and into the chute. Mr. Ruelas said it was dangerous as there had been incidents where the bull cut in front of the horse and they all went down.

Commissioner Carbone

said the bull’s tail could also be broken.

Commissioner Strickland

opened the public hearing. Linda Clark said this really bothered her because it was too violent and she did not want Pahrump to have anything to do with it. Cindy Small said if this was about two rodeos for eight days out of the year the people would not have wasted six hours. They had rodeos all the time, sometimes two a month, sometimes one every other month. Mr. Ruelas said they had security, but that did not stop the person trying to steal her Chihuahua out of her yard. Ms. Small had also done CPR on somebody from their rodeo who had passed out right in front of her house. Ms. Small’s biggest complaint was the noise. She said she was more than 60% deaf with hearing aids and could not hear her television even with the door shut. It blared eight hours a day and many times it went after 10:00 p.m. Ms. Small stated she had called the Sheriff’s Office three times. Larry Small said when he purchased his home in 1998 he did not anticipate a private rodeo near his residence. He could walk to his front porch and see it, and at about 1:00 a.m. one night he woke up and thought somebody was breaking into his house because the noise was real loud. The lighting they used could also be dimmed down. He noted the road conditions in that area were terrible and Mr. Small was concerned about the health issues the dust would cause. He said the RPC voted 6-0 to not approve this application so now it was in the Commissioners’ hands to not approve this agenda item to have a private rodeo in a residential neighborhood. July 16, 2024 11. Cont’d. 10:00 a.m. For Possible Action - — — Public Hearing, discussion and deliberation on AP-24-6. 12. Cont’d. 10:00 a.m. - For Possible Action — — Continued Public Hearing, discussion and deliberation on ZCMP-24-7. Ammie Nelson said she heard this item at the RPC meeting and understood why they denied it. Listening to it today just made her cringe and the animals had to be terrified. She felt going late into the evening did not seem responsible to the people around this property. She also wondered about the parking and thought people would park everywhere. Ms. Nelson said this was definitely not a fit for the location and wondered why not Clark County as there was a bigger audience and a bigger area where this could be held without disturbing people. Katherine Salazar said she was a mother of four and they participated in the Mexican rodeo. They took care of their horses and it kept her kids off the streets. She understood the noise, but when someone had a party with family that was loud as well. The events were not held every day, just once in a while, and she did not think it harmed anyone. John O’Brien said the RPC was concerned about 18-wheelers and stock trailers coming down a gravel road causing dust and dust issues. The applicant stated they were applying for one or two weekends, but according to the testimony that came at the RPC it was almost every weekend or every other weekend they held these events. Mr. O’Brien said if the Board approved this, a stipulation was needed to only allow a two weekend use and any other events were not allowed. He felt the RPC did the right thing. Tim Bohannon, president of the Nevada Standardbred Association and a member of the American Quarterhorse Association, expressed his concerns about the animals and the people. While he heard that it was not technically tripping, when the intent was to make the horse fall there was a significant risk of injury to the horse and the rider. He said he was not in favor of this. Bob Wannaberg from Pahrump Justice For Animals said he had a credibility issue here. He heard the event was free and then heard they charged. Further, horses should not be tripped and that was a criminal offense under NRS 574.100. There were federal statutes regarding it as well. He also talked about the condition of the roads. Mr. Wannaberg asked the Commission to turn this down. Gabriela Gomez, part of a team that practiced at the ranch, said it was very family oriented. She thought the people who spoke were getting this facility confused with the racetrack down the street. She said they practiced there on the weekends, but the events were only held twice a year. Ms. Gomez felt people were more against the rodeo, not so much the events. July 16, 2024 II. Cont’d. 10:00 a.m. For Possible Action - — — Public Hearing, discussion and deliberation on AP-24-6. 12. Cont’d. 10:00 a.m. For Possible Action - — — Continued Public Hearing, discussion and deliberation on ZCMP-24-7.

Sheriff McGill

discussed NRS 574.100, which stated the exception to the violation was catching the animal by the legs and releasing it as part of a roping event which had been permitted by the local government. That basically gave permission to do that action. He said he personally had no experience with this location, but he had been to the White Glove Ranch on several occasions and he felt horse tripping was abusive. His office was also looking into the claim that a Department of Agriculture officer was at the property at the last event as Sheriff McGill understood brand new inspections were being done solely by phone and the animals were not being looked at. He was also concerned about the quality of the private security. Stephanie Harishuma said this seemed painful to the animals and she objected to that. The main issue for her was the zoning issue. The residential areas were up there first and those people did not buy their property to have their hearing assaulted or have 500 people coming by. The fact that they had practice all the time put another spin on it.

Mrs. Hashimura

wondered why the property owners who were there first needed to be inconvenienced. Wendy Sanchez stated her support of Mr. Ortiz and his request for a private rodeo permit. She had been a member of Charreria and the community for about 19 years. Charreria was considered an important aspect of the identity of their communities and their cultural heritage. Practitioners also saw the tradition as a way of transferring to young generations important social values such as respect and equality for people in the community. It also meant loving and caring of their best friends, their beloved horses. She was a mother of a 14 year old and it was imperative that he and other children be kept busy. Ms. Sanchez asked what was better than having them engaged in a sport that was a family tradition passed on to generations. Mr. Ortiz providing this place meant a lot to their community. Arlette Ledbetter, Pahrump Tourism Director, said she would show a great interest in this large event, but it was a bit contradictory. If it was being held in a residential area, she would like hear from the hoteliers about this event. She said she would like to work with the applicant and asked if it was a family rodeo; if there was an entrance fee; if there were concessionaires; if it was advertised in El Mundo in Las Vegas or on any Latin radio; and if they had a PR team. Ms. Ledbetter also wondered why it was not held in a non-residential area. Maria Herrera said she was the mother of two of the girls who were on a team. She said no one could explain how Mexican Charreria worked. It had to be seen because it was not roping, pulling, and dropping. July 16, 2024 11. Cont’d. 10:00 a.m. For Possible Action - — — Public Hearing, discussion and deliberation on AP-24-6. 12. Cont’d. 10:00 a.m. - For Possible Action — — Continued Public Hearing, discussion and deliberation on ZCMP-24-7. Tamie Pitman thought questioning how much more dangerous a Mexican rodeo was compared to an American rodeo was a double standard. She said both sides should be looked at. Rhonda Mendenhall said music did go on every other week.

Commissioner Strickland

closed the public hearing.

Commissioner Carbone

explained the music was playing when they were training.

Commissioner Strickland

said that was because the animal had to be accustomed to the music, but it did not need to be that loud.

Commissioner Cox

said the Commissioners could not shut down everything because it bothered one person who lived close. She had lived close to the Pahrump rodeo grounds. They used to practice every weekend with loud speakers, and sometimes they would go to 1:00 am. or 2:00 am., but nobody ever complained about them.

Commissioner Cox

recommended holding this item and have Planning sit down with the applicant to outline what they needed to do to have the Board approve this, such as cutting the music off at midnight and being careful with the dust and dirt. Brian Kunzi agreed with Commissioner Cox. If the Board was willing to look at it, the item could be held to discuss the possibility of putting on special conditions that would address the issues.

Commissioner Carbone

said he had written several special conditions.

Commissioner Strickland

stated the town had a perfectly good arena which could be rented for pennies and wondered why would the Board would allow an open use in a residential area.

Commissioner Cox

made a motion to continue items 11 and 12.

Commissioner Boskovich

made a motion to uphold the denial from the RPC for CU-24- 11 and deny ZCMP-24-7; seconded by Commissioner Strickland; 3 yeas. Commissioners Cox and Carbone voted nay. July 16, 2024 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Mrs. Bae

explained out of cycle purchases were when things broke, panels blew out, the roof leaked, software suddenly became obsolete or was no longer supported, or July 16, 2024 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 16. Cont’d. For Possible Action Discussion and deliberation regarding the - — Debt Management Policy Statement and Capital Improvement Plan for Town of Pahrump for Fiscal Year 2024-2025 pursuant to NRS 350.013. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 17. Cont’d. For Possible Action Discussion and deliberation regarding the - — Debt Management Policy Statement and Capital Improvement Plan for Beatty Town for Fiscal Year 2024-2025 pursuant to NRS 350.013. GABBS 18. Cont’d. For Possible Action Discussion and deliberation regarding the - — Debt Management Policy Statement and Capital Improvement Plan for Gabbs Town for Fiscal Year 2024-2025 pursuant to NRS 350.013. MAN HATTAN 20. Cont’d. For Possible Action Discussion and deliberation regarding the - — Debt Management Policy Statement and Capital Improvement Plan for Manhattan Town for Fiscal Year 2024-2025 pursuant to NRS 350.013. AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT 21. Cont’d. For Possible Action Discussion and deliberation regarding the - — Debt Management Policy Statement and Capital Improvement Plan for Pahrump Pool District for Fiscal Year 2024-2025 pursuant to NRS 350.013. SITTING AS THE BOARD OF COUNTY COMMISSIONERS FINANCE - — Debt Management Policy Statement and Capital Improvement Plan for Nye County for Fiscal Year 2024-2025 pursuant to NRS 350.013. anything else that was not planned for. As to the restrooms, the grant was received and the $56,000.00 was what was left of what the County would spend out of pocket. The civic center, the OHV park phase one and phase two, and the restrooms all had July 16, 2024 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 16. Cont’d. For Possible Action Discussion and deliberation regarding the - — Debt Management Policy Statement and Capital Improvement Plan for Town of Pahrump for Fiscal Year 2024-2025 pursuant to NRS 350.01 3. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 17. Cont’d. For Possible Action Discussion and deliberation regarding the - — Debt Management Policy Statement and Capital Improvement Plan for Beatty Town for Fiscal Year 2024-2025 pursuant to NRS 350.01 3. GABBS 18. Cont’d. For Possible Action Discussion and deliberation regarding the - — Debt Management Policy Statement and Capital Improvement Plan for Gabbs Town for Fiscal Year 2024-2025 pursuant to NRS 350.013. MANHATTAN 20. Cont’d. For Possible Action Discussion and deliberation regarding the - — Debt Management Policy Statement and Capital Improvement Plan for Manhattan Town for Fiscal Year 2024-2025 pursuant to NRS 350.01 3. AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT 21. Cont’d. For Possible Action Discussion and deliberation regarding the - — Debt Management Policy Statement and Capital Improvement Plan for Pahrump Pool District for Fiscal Year 2024-2025 pursuant to NRS 350.013. SITTING AS THE BOARD OF COUNTY COMMISSIONERS FINANCE - — Debt Management Policy Statement and Capital Improvement Plan for Nye County for Fiscal Year 2024-2025 pursuant to NRS 350.013. designated projects within Finance’s system. Ms. Bae said the $5.82 million was a balance sheet item, not an expenditure.

Commissioner Carbone

made a motion to approve the Debt Management Policy Statements for items 16-18, 20-21, and 27; seconded by Commissioner Boskovich; 5 yeas. July 16, 2024 22. CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. Tim Sutton said he had received a request to pull item 22.3 for discussion. 22.1. For Possible Action Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens.

Commissioner Boskovich

made a motion to approve items 22.1-22.2 and 22.4; seconded by Commissioner Carbone; 5 yeas. 22.2. For Possible Action Approval of the meeting minutes from the ioint meetings on April 16, 2024 and April 30, 2024.

Commissioner Boskovich

made a motion to approve items 22.1-22.2 and 22.4; seconded by Commissioner Carbone; 5 yeas. 22.4. For Possible Action — Approval to: 22.4.a. Accept the Community Development Block Grant (CDBG) Award #241PF104 from the State of Nevada Governor’s Office of Economic Development (GOED) in the amount of $700,000.00 for the purpose of drilling and equipping a second water well at the Pahrump Fairgrounds and supplying power to the new well site. In-Kind County match of $19,557.79 is required; 22.4.b. Execute the grant agreement; and 22.4.c. Fund to 10340 Grants.

Commissioner Boskovich

made a motion to approve items 22.1-22.2 and 22.4; seconded by Commissioner Carbone; 5 yeas. 22.3. For Possible Action Approval to renew Nye County Cannabis Licenses for Fiscal Year 2025 pursuant to Nye County Code 5.32.080(A).

Commissioner Carbone

said he knew the Planning Director had some good information for the Commissioners. He just wanted to make sure the Commissioners kept those specific things in front of them so they knew when changes had to be made. Planning Director Brett Waggoner said NCMM had past due sales fees from the first quarter. The applicant was in the audience and indicated to Mr. Waggoner they were definitely trying to pay. The Code required an automatic show cause if they went to 90 days delinquent and right now they were at roughly 60 days. MJ Holdings had a show July 16, 2024 22.3. Cont’d. For Possible Action Approval to renew Nye County Cannabis - — Licenses for Fiscal Year 2025 pursuant to Nye County Code 5.32.080(A). cause hearing before this Board on May 7, 2024. Since it was in receivership and the only asset for that receivership was that license and the property, they asked the Board to allow them to keep their license intact so they had an opportunity to go through the sales process with the CCB. Mr. Waggoner knew they were in that process right now and should be in front of the CCB in September, 2024, for approval of that transfer. Lastly, Nye Farm Tech also had a show cause on May 7, 2024, and the Board decided to suspend the license, which was kind of an indefinite suspension because they claimed they were entering a lawsuit or had just filed a lawsuit with some partners and they could not do anything with the license until that was resolved.

Commissioner Carbone

made a motion to approve the renewals; seconded by

Commissioner Jabbour

; 5 yeas. GABBS 19. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject a cash transfer between Gabbs Town General Fund 23101 and the following fund: 23402 Gabbs Special Proiects Fund $100000.00 Helen Bae explained this was an FY23 budget item that did not happen. This still needed to be done because not doing it resulted in a cash deficit in the Gabbs Special Projects Fund. Tim Bohannon said he would like to see things get caught beforehand as a process and he knew Mrs. Bae was all over that.

Commissioner Carbone

made a motion to adopt the cash transfer between Gabbs Town General Fund 23101 and Gabbs Special Projects Fund 23402 for $100,000.00; seconded by Commissioner Jabbour; 5 yeas. July 16, 2024 CLERK 23. For Possible Action — Discussion and deliberation to: 23.a. Appoint two members to the Pahrurnp Regional Planning Commission due to one vacancy and one expiring term from the following list of applicants: Joyce Barishman, Timothy J. Bohannon, Stephen Choate, Jerry K. Hashimura, Kay LaPointe, Ammie Nelson, John Kevin O’Brien, Tamie Pitman, Faith Simunick, Tina Trenner, Walt Turner, and Shirayne Waite; andlor 23.b. Readvertise for the appointment. Joyce Barishman said one of the reasons she applied was because of the MediWaste situation. The RPC just approved it and she thought that was something that should have been looked into a little bit more. She felt if people did not like something or wanted to make changes they had to get involved. She said she had a business background and worked with municipalities and customers.

Commissioner Carbone

asked Ms. Barishman if she had a background in any kind of construction or real estate.

Ms. Barishman

said she loved real estate and followed it all the time. She wrote agreements for customers to put equipment in repeater sites so she was familiar with that. Tamie Pitman said the small town she lived in in Vermont considered making the downtown park district commercial so she ended up getting on the planning and zoning committee and they rezoned the whole town. She said it was a great experience and thought she could make a difference here. As far as construction, Ms. Pitman said they rebuilt a 1893 Victorian from the ground up and she was involved in that extensively. Jerry Hashimura said he did not have a background in construction or real estate. He spent his whole professional life in the legal field so he was accustomed to researching and analyzing complicated issues. As part of his corporate responsibilities he reviewed potential and current dealer agreements for potential dealerships in rural towns, urban, and big cities across the United States. He looked at how they affected communities and whether they complied with state codes and any federal statutes. Mr. Hashimura said he met with Brett Waggoner so he could explain some of the challenges of his department and how the Planning Commission could assist him. Kay LaPointe said she worked for one of the largest counties in Colorado. It was a rural county with similar issues as here. She worked for a federal grant which assisted children and migrant children in large areas, including the western slope of Colorado. She was currently a Nye County School District employee. She lived in the LAX area of Los Angeles for 12 years and thought she could see things that were happening in urban areas and then things that were happening in rural areas from her experience. July 16, 2024 23. Cont’d. - For Possible Action — Discussion and deliberation to: 23.a. Appoint two members to the Pahrump Regional Planning Commission due to one vacancy and one expiring term from the following list of applicants: Joyce Barishman, Timothy J. Bohannon, Stephen Choate, Jerry K. Hashimura, Kay LaPointe, Ammie Nelson, John Kevin O’Brien, Tamie Pitman, Faith Simunick, Tina Trenner, Walt Turner, and Shirayne Waite; and/or 23.b. Readvertise for the appointment.

Ms. LaPointe

had a lot of experience in managing people and was interested in keeping Pahrump the way people wanted it. She said she did not have a background in real estate or construction except for what she saw on television.

Commissioner Carbone

asked Ms. LaPointe why she wanted to be part of the RPC as well as if she understood what she would need to do being on the RPC and working with the planning group.

Ms. LaPointe

said some of it was because of her ex-spouse’s work in parks and recreation, sitting through 20 years of meetings, and watching things like that. She cared about Pahrump and what would be left for the generations to come. As to real estate, Tim Bohan non said he worked with Ml Schottenstein Homes supporting the CFO and had supported the tax audits with Glenshire Realty Dominion Homes back in the day with PWC. From a PRPC standpoint, Mr. Bohannon said he looked at the master plan as really being kind of like the Bible for the RPC. He knew an understanding of surveys, regulations, and international codes was needed. He did not have an intimate understanding of those, but said he was able to gather that understanding. Mr. Bohannon said he was looking for sensible development that met the master plan objectives as well as enabling development of a sustainable tax revenue. John O’Brien said he was a 2006 International Building Code certified fire inspector III, he was a hazardous materials specialist chemist, and had been on the State’s, the County’s and the Town’s hazmat teams so he was very familiar with chemicals, chemical reactions, and mitigation. As far as construction, he had built his own home from the foundation up and had rebuilt burned out homes. He had also been a fire inspector for the Nevada State Fire Marshal’s Office. He pointed out this was not just a Pahrump job but was going to be a Nye County job by Code. As far as zoning, Mr. O’Brien said master plan zoning needed to be here to control growth including in proper places. Ammie Nelson said she applied because of her special interest in the new master plan and working with this board to help make some decisions that went along with the County for future decades. She wanted to make a difference in the County and thought July 16, 2024 23. Cont’d. - For Possible Action — Discussion and deliberation to: 23.a. Appoint two members to the Pahrump Regional Planning Commission due to one vacancy and one expiring term from the following list of applicants: Joyce Barishman, Timothy J. Bohannon, Stephen Choate, Jerry K. Hashimura, Kay LaPointe, Ammie Nelson, John Kevin O’Brien, Tamie Pitman, Faith Simunick, Tina Trenner, Walt Turner, and Shirayne Waite; and/or 23.b. Readvertise for the appointment. working with the Planning Commission was an excellent opportunity for her. Ms. Nelson stated she had the temperament and training to do a good job. Maryan Hollis read a statement from Mary Kay Radcliffe stating her support of John O’Brien for one of the open positions. He had a vast background with hazardous materials, zoning, flood control, and the current infrastructure. Ms. Hollis also recommended Mr. O’Brien as well as Mrs. Pitman. Karen Waidman thought Mr. O’Brien, Mrs. Pitman, and Mr. Hashimura would be excellent candidates. Steven Pitman stated his endorsement of Mrs. Pittman. Herman Lewis said Mrs. Pitman and Mr. Bohannon would make excellent choices. Tina Trenner said Pahrump needed a direction.

Commissioner Carbone

made a motion to appoint Timothy Bohannon to the term ending June, 2026; seconded by Commissioner Jabbour; 5 yeas.

Commissioner Carbone

made a motion to appoint Faith Simunick to the unexpired term to end June, 2028; seconded by Commissioner Jabbour; 5 yeas. PUBLIC PETITIONER

Commissioner Strickland

disclosed she was a licensed real estate agent and had no pecuniary interest in this item. Kevin Hickey, Homeownership Programs Manger for Nevada Rural Housing Association (NRHA), provided an overview of the Buy In Nye Homeownership Program, which had provided $3.9 million in affordable mortgages and $288,000.00 in down July 16, 2024 - — adopt, amend and adopt, or reject Nye County Resolution No. 2024-23: A Resolution Authorizing the Transfer of Nye County’s 2024 Private Activity Bond Volume Cap to the Nevada Rural Housing Authority. payment assistance to 17 Nye County families. At the National Association of Local Housing Finance Agencies’ annual conference held in Las Vegas in May, 2024, NRHA was given the Single Family Excellence Award for the Buy In Nye Program. The accolade recognized the outstanding success and innovative approach of the Buy In Nye Homeownership Program and Mr. Hickey presented a plaque to the Commissioners to recognize the important role the Commission played in making the program possible. He explained the reason for the request for the transfer of the County’s unused private activity bond cap was because NRHA used that to help deliver housing opportunities to rural Nevadans. NRHA’s area of operation was defined as communities with a population under 150,000. It was considered a local government and political subdivision exercising public and governmental functions and was overseen by a board of commissioners appointed by the Nevada Association of Counties. The Nevada League of Cities partnerships and relationships were the cornerstone of its program success and Nye County had been a key contributor to that success. The bond cap was not money or a line item in the localities’ budget but instead it was the opportunity to issue debt for qualified purposes or it could be transferred to an entity like NRHA. Mr. Hickey said they were requesting the Commission vote again this year to transfer its unused bond cap to help continue the momentum of their homeownership programs.

Commissioner Carbone

made a motion to adopt Resolution No. 2024-23; seconded by

Commissioner Jabbour

; 5 yeas. DISTRICT ATTORNEY 24. For Possible Action Discussion and deliberation whether to approve and authorize the filing of a legal proceeding against the current owner and or former owners of Nye County parcel number 018-274-03 (which encompasses the addresses of 108, 112 and 116W. McDonald Street in Beatty, Nevada 89003) and against any builder or contractor or workers who have been building or constructing on or who continue to build or construct on parcel 018-274-03 since March of 2020 which legal proceeding will include but not be limited to seeking an injunction against the construction or building of buildings and infrastructure on parcel 018-274-03 and for possible money damages against such aforementioned owners andlor builders and contractors and to seek any other legal relief as may be allowed by law.

Commissioner Strickland

disclosed she was a licensed contractor and had no pecuniary interest in this item. Page43 July 16, 2024 24. Cont’d. For Possible Action Discussion and deliberation whether to - — approve and authorize the filing of a legal proceeding against the current owner and or former owners of Nye County parcel number 01 8-274-03 (which encompasses the addresses of 108, 112 and 116W. McDonald Street in Beatty, Nevada 89003) and against any builder or contractor or workers who have been building or constructing on or who continue to build or construct on parcel 018- 274-03 since March of 2020 which legal proceeding will include but not be limited to seeking an injunction against the construction or building of buildings and infrastructure on parcel 018-274-03 and for possible money damages against such aforementioned owners andlor builders and contractors and to seek any other legal relief as may be allowed by law. Brett Waggoner said he called Deputy District Attorney Brad Richardson and asked what could be done about this. Typically a stop work order brought somebody to their counter. Staff went through several owners of this property and had many meetings with different people on this property to show them the deficiencies that came about and nothing had ever been rectified. He could see from his car there were some serious non-compliant Code issues as far as the building code and then it just progressed from there. This was the next step.

Commissioner Strickland

asked if it was condemnable property, to which Mr. Waggoner responded yes due to the current conditions of the buildings being unsafe. Brian Kunzi said that was why they wanted to do the legal action, to bring the people into court to get a court order that allowed the stop work order and whatever damages deemed necessary to cover the costs the County would incur in remedying the property.

Commissioner Carbone

made a motion to authorize the filing of legal proceedings against the current owner and former owners of parcel 018-274-03; seconded by

Commissioner Boskovich

; 5 yeas. FINANCE 25. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect budget transfer of appropriations between functions within Nye County General Fund 10101. Helen Bae explained this item was done at the end of the fiscal year before closing out FY24. The budgets were estimates and within 10101 there were some departments that were over. Any budget adjustments done required notifying the public and getting the Board’s consent to do so.

Commissioner Boskovich

made a motion to adopt the transfers within Nye County General Fund 10101; seconded by Commissioner Carbone; 5 yeas. July 16, 2024 26. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect a cash transfer between Nye County General Fund 10101 and the following funds: 10214 Pahrump Museum $45,000.00 10215 Tonopah Museum $35,000.00

Commissioner Strickland

asked for a motion to continue.

Commissioner Jabbour

made a motion to continue this item; seconded by

Commissioner Strickland

explained there was no back-up, which was why she asked for a continuance. Helen Bae pointed out the Board already approved the actual augment to make this transfer at the June 18, 2024, meeting.

Commissioner Strickland

noted Mrs. Bae was not present at the July 11, 2024, audit meeting and Dan McArthur said it needed back-up.

Mrs. Bae

said the County would miss another deadline.

Commissioner Strickland

asked if Mrs. Bae had defined where the money would come from.

Mrs. Bae

said yes, and she could provide the information by the end of the meeting. Brian Kunzi thought Mrs. Bae could provide the information orally.

Commissioner Jabbour

withdrew his motion; Commissioner Carbone withdrew his second. This item was tabled until later in the meeting. HUMAN RESOURCES 28. For Possible Action Discussion and deliberation to approve a newly created position: Public Communications Manager. Human Resources Director Elona Goldner said it was pretty standard to come before the Board for a new position. Since the Public Communications Department was created staff had been hired and the Public Information Officer’s job description was being changed so he would be the Manager of Public Communications. July 16, 2024 28. Cont’d. For Possible Action Discussion and deliberation to approve a - — newly created position: Public Communications Manager.

Commissioner Boskovich

pointed out this was not an additional position as the other position would not be filled. Public Information Officer Arnold Knightly said this would not change the class he was currently at or any of the pay structure. It was just the Public Information Officer position had evolved into something totally different from what it was when he started in 2017. This would also break the department out from Administration to free up Samantha Tackett on some of the duties,

Commissioner Boskovich

made a motion to approve the newly created position of Public Communications Manager; seconded by Commissioner Jabbour; 5 yeas. 29. For Possible Action Discussion and deliberation to approve newly created positions: Drug Court Coordinator-Case Manager and Drug Court Coordinator- Grants Administrator. This item was removed from the agenda. PLANNINGIBUILDINGICODE COMPLIANCE 30. For Possible Action Discussion and deliberation to approve LD-24-12: A Tentative Residential Subdivision map, for Mountain Falls Planning Area 9F, proposing forty-nine (49) single-family residential lots on a 9.74-acre property zoned Specific Plan (SP), each residential lot containing an average lot size of five thousand (5O00) sq ft. Minimum lot sizes are 4,899 sq ft. and Maximum lot sizes are 9,457 sq ft, with a gross density of 5.03 lotslacre with twelve (12) common lots, located at 3620 E. Manse Road, Pahrump, NV. Assessor’s Parcel Number 045-501-22. Mountain Falls, LLC Property Owner. Rebecca Chiriboga, Taney Engineering Agent. Principal Planner Qiana Medici explained the intent of this map was is to obtain approval on a tentative residential subdivision map pursuant to the approved and recorded development agreement for Mountain Falls. Staff recommended approval. Rebecca Chiriboga, representing the applicant, said this was another planning area in the Mountain Falls community.

Commissioner Carbone

commented on how tiny the lots were and he had a hard time with that. He also wondered when the development agreement would be completed.

Commissioner Carbone

made a motion to approve LD-24-12, a tentative residential subdivision map; seconded by Commissioner Boskovich; 5 yeas. July 16, 2024 31. For Possible Action Discussion and deliberation regarding the approval of LD-24-16: a Tentative Subdivision Map for Pleasant Valley subdivision, zoned Village Residential (VR-8), containing approximately 76.06 acres, located at 2631 E. Thousandaire Blvd., Pahrump, NV. Assessor’s Parcel Number 044-561 -30. Pleasant Valley Estates, LLC Applicant. Civilwise Services Agent. - - Assistant Planning Director Steve Osborne said this was a proposed subdivision with 291 lots, all of which were 8,000 square feet or a little larger which met the zoning of VR-8. DWR and NDEP reviewed the map and recommended approval subject to the water and sewer service being provided by Pahrump Utilities, and there was an intent to serve letter from them. Bill Cookston from Civilwise Services said they had a development agreement ready to be submitted after the tentative map was approved.

Commissioner Carbone

asked if Mr. Cookston agreed with the conditions in the staff report.

Mr. Cookston

stated the owners agreed to the standard and special conditions.

Commissioner Strickland

asked who the builder was, to which Mr. Cookston responded Pleasant Valley LLC.

Commissioner Carbone

made a motion to approve LD-24-16, a tentative subdivision map for Pleasant Valley subject to the conditions listed in the staff report; seconded by

Commissioner Jabbour

; 5 yeas. July 16, 2024 PUBLIC WORKS 32. For Possible Action — Discussion and deliberation to: 32.a. Discuss the bid proposals received for Bid No. 2023-11 Pahrump Type i!i 32.b. Award bid No. 2023-11 Pahrump Type II to K&R Grading & Surfacing LLC in the amount of $5.50 per ton Free on Board (FOB) at their Pahrump plant and $6.44 per ton delivered to the Pahrump Road Yard; Las Vegas Paving Corporation in the amount of $8.00 per ton Free on Board (FOB) at their Las Vegas plant and $27.80 per ton delivered to the Pahrump Road Yard; Morales Construction Inc. in the amount of $5.87 per ton Free on Board (FOB) at their Pahrump plant and $9.82 per ton delivered to the Pahrump Road Yard; orWulfenstein Construction Co. Inc. in the amount of $5.99 per ton Free on Board (FOB) at their Pahrump plant and $50.00 per ton delivered to the Pahrump Road Yard; 32.c. Approve, amend and approve or relect the contract with selected bidder; 32.d. Fund to 10205 Roads; or 32.e. Reject bid and provide direction to staff on how to proceed with the proiect. Tom BoIling said the first bid package was sent to Finance on January 26, 2023. There were discussions with Finance and the District Attorney’s Office to revamp the bid packages for materials. He knew in late July, 2023, that his department would get its own financial manager so the process was stopped so it could be given to that person to get her feet wet. The pre-bid meeting was on November 29, 2023, and the bid opening was on December 6, 2023. Mr. Boiling said during that whole year they were working on Basin as well as dealing with flooding, potholes, and weeds, so the decision was made to go with the maintenance program only instead of continuing with rebuilding roads at least for the foreseeable future. Mr. Boiling asked the Board to reject all of the bids as they had enough type II stockpiled at this point and could buy more when needed.

Commissioner Carbone

made a motion to reject all bids provided and direct staff to go get the type Ii whenever it was needed; seconded by Commissioner Boskovich; 5 yeas. 33. For Possible Action Discussion and deliberation to approve a Stormwater Management Maintenance Agreement and Drainage Easement between S&L Investments, LLC and Nye County for maintenance of drainage improvements installed on South Frontage Road and East Wilson Road, Pahrump, NV. Tom Boiling explained the drainage was approved to be installed in a certain way and when staff showed up at the site it was installed a different way. The general contractor at the time was told there would now have to be a maintenance agreement as it was supposed to be on-site, not off-site. NDOT was contacted to see if they had been July 16, 2024 33. Cont’d. For Possible Action Discussion and deliberation to approve a - — Stormwater Management Maintenance Agreement and Drainage Easement between S&L Investments, LLC and Nye County for maintenance of drainage improvements installed on South Frontage Road and East Wilson Road, Pahrump, NV. asked if they could discharge the waters that came down that road into the NDOT right of-way. NDOT went through their records and said no since there was no technical drainage study provided to them and there were no records of an ask or an application filed for that. Mr. Boiling said if the contractor had pushed for the waters to be discharged into NDOT’s right-of-way and drainage ditch, which was right in front of this parcel on the other side of the street, the drainage pipes would not have had to be put in the ground to drain the water away from that section of roadway. It was Mr. Boiling’s opinion that it was not worth it for Public Works to maintain and have the taxpayers pay for something that should have been put in correctly. He advised the maintenance agreement had been signed by the property owner. Dave Richards from CiviiWise Services, representing the owner and the person that had to sign that agreement, stated the agreement was signed under duress and under the threat of basically closing Chipotles down. As to NDOT’s response to the drainage channel, Mr. Richards advised CivilWise did the development for Carl’s Jr., the coffee shop next to it, and China Wok. They approached NDOT and NDOT informed them they absolutely could not bring drainage into the NDOT channel as it had been calculated up to a certain flow. Wells Fargo was required to put in a catch basin and run piping along the south side of the NDOT channel all the way out to Wilson Road, which was not a typical way of doing anything but it was the only option because they could not go into the NDOT channel. Mr. Richards said Jeff Shao was then told he needed to upgrade Frontage Road and improve the inlet there because Wells Fargo only put a 12” x 12” grate there, which was undersized for what it was trying to drain. CivilWise proposed a larger grate because their drainage study showed all of the areas that would drain into that grate, which incidentally was in the right-of-way of the road. They put in two underground pipes following the same path as the old one out to Wilson Road with a manhole on the other side of Frontage Road and two 5’ x 5’ grates to take in all of the drainage that would hit that spot, not just drainage from Chipotles. Mr. Richards said drawings were submitted to Public Works in December, 2023. Public Works redlined those drawings and gave them back to CivilWise in February, 2024, so they were aware that the entire drainage system was put in Frontage Road. Mr. Richards said it was unreasonable that Mr. Shao should be responsible for the maintenance of a public drainage system that would cover drainage from lots all the way up to McDonald’s. Mr. Richards also did not feel Mr. Shao had the experience or ability to maintain a Public Works system in the Public Works right-of-way. Their contention was the whole system was in a public right-of-way which served the public, not just Chipotles.

Commissioner Carbone

asked Mr. Richards if his as-built drawings matched the actual approved drawings. July 16, 2024 33. Cont’d. For Possible Action Discussion and deliberation to approve a - — Stormwater Management Maintenance Agreement and Drainage Easement between S&L Investments, LLC and Nye County for maintenance of drainage improvements installed on South Frontage Road and East Wilson Road, Pahrump, NV.

Mr. Richards

said no. There were changes made to it and it was given to Public Works. Public Works reviewed it and did not red line the position of the grate.

Commissioner Carbone

asked Mr. Richards if it had been built to the designed approved drawings if this problem would exist.

Mr. Richards

explained it would not be a problem because the normal procedure for drainage facilities that serviced the public was they would have given an easement to Public Works to come onto the site and manage those.

Commissioner Strickland

said this should have never ended up in the right-of-way as that was not agreed to when the original set of plans were submiffed.

Mr. Richards

stated there was no drainage problem there. There was a problem brought up by the contractor who felt the bank coming from Chipotles down to the grate was going to have to be stabilized because it was fairly steep. The issue was discussed with the inspectors as well as with the contractor and the issue of moving that grate into the right-of-way, which was where it should have been in the first place,

Mr. Boiling

said the comment that the entire drainage system was in the public right-of- way to his knowledge was incorrect, If the County was to maintain this, an easement would have to be purchased from Wells Fargo unless they had already gotten one. That would be more money spent by the taxpayers in order to maintain something that should not have been installed to begin with. Mr. Boiling said he understood that in the past there were NDOT directors in Division One who would not let anybody do anything for their stuff. The directors now said there would be no problem for that. They would have to do a technical drainage study just to show NDOT how much water would be discharged into the NDOT right-of-way and they would have no problem with it.

Mr. Richards

believed the whole system was in the Frontage Road right-of-way, not on Wells Fargo’s property, which was why it had to go the route that it did. He said they approached Wells Fargo to help pay for the cost of the system because they were the ones that originally caused the problem by putting in a 12 inch grate to handle all of the drainage. They refused and there was nothing that could be done to make them participate in the cost, so Mr. Shao paid for the whole thing. None of the system was on private property and the drainage grate was moved forward five feet to be on the public right-of-way.

Commissioner Strickland

said if it was on the Chipotles property where it was designed originally and approved to be constructed it would have been Chipotles responsibility. July 16, 2024 33. Cont’d. For Possible Action Discussion and deliberation to approve a - — Stormwater Management Maintenance Agreement and Drainage Easement between S&L Investments, LLC and Nye County for maintenance of drainage improvements installed on South Frontage Road and East Wilson Road, Pahrump, NV. She said Mr. Richards was trying to transfer the responsibility to Public Works by putting it in the right-of-way.

Mr. Richards

explained they would have given an easement to Public Works so they could maintain the drainage facility.

Commissioner Carbone

made a motion to approve item 33 as written; seconded by

Commissioner Jabbour

; 5 yeas. FINANCE 26. Reopened For Possible Action Discussion and deliberation to adopt, - — amend and adopt, or reject a cash transfer between Nye County General Fund 10101 and the following funds: 10214 Pahrump Museum $45,000.00 10215 Tonopah Museum $35,000.00 Helen Bae recommended this item be continued as she thought the 60-day deadline in the Nevada Administrative Code would be met at the August 6, 2024, meeting.

Commissioner Jabbour

made a motion to continue this item; seconded by

Commissioner Carbone

. Tim Bohannon said although the public was aware of the numbers from a previous meeting, these needed to be done right.

Commissioner Strickland

said either the meetings needed to start earlier or public comment needed to be cut down to two minutes and asked for an agenda item. Brian Kunzi said the fountain at Calvada was an incredible waste of water as all it did was evaporate. He would like to commission a local artist to remove the fountain and put in an artistic structure of some sort which represented the area.

Commissioner Strickland

told Mr. Kunzi to bring an agenda item forward.

Commissioner Strickland

adjourned the meeting. APPROVED this ATTEST: Of , 2024.

Chair Ny

Cointy Clerk I Deputy Commissioners County of NYE 2100 E. Walt Williams Dr. Suite 100 Pah rump, NV 89048 July 15, 2024 Gerald Butler 2251 Silver Sage Drive Pahrump, NV 89060 Dear Commissioners, Since the County of NYE is self-insured due to errors and omissions this letter entered into the records acts as the official notice of claim being made against the County of NYE. My claim surrounds the attempted criminal charges levied against me by the Township of Pahrump as it pertains to citations issued against me by Code Enforcement. The Township of Pahrump nor the County of NYE are able to operate as they set forth the Code Enforcement Department they are utilizing for matters related to cleanup of Private Property. Additionally, nowhere are the people working within that department able to issue citations as they have no statutory authority. The County has 30 days from this date to make an offer to resolve this matter prior to further legal actions against the County will take place. I look forward to hearing from you soon so that this matter can be resolved quickly. If I am required to file a lawsuit against the County I will also most likely cross file in Federal Court as well. Before the County choses to dismiss this claim, I suggest that you review the following case: Mack v. Williams, 138 Nev. Adv. Op. 86 (Nev. 2022). This case is important because it clearly states that private persons can sue the government agencies for damages based upon the State Constitution whereby damages are implied and need not be actual as well as stripping Qualified Immunity as a defense in state court. I look forward to hearing from you within the 30 days window. Cordially, Gerald Butler ATTACHMENT I NRS 171.1773 Form and contents of citation: When person detained by peace officer. 1. Whenever a person is detained by a peace officer for any violation of a county, city or town ordinance or a state law which is punishable as a misdemeanor and the person is not taken before a magistrate as required or permitted by NRS 171.177, 171.1771 or 171.1772, the peace officer must prepare a misdemeanor citation manually or electronically in the form of a complaint issuing in the name of “The State of Nevada” or in the name of the respective county, city or town, containing a notice to appear in court, the name and address of the person, the state registration number of the person’s vehicle, if any, the offense charged, including a brief description of the offense and the NRS or ordinance citation, the time when and place where the person is required to appear in court, and such other pertinent information as may be necessary. The citation must be signed by the peace officer. If the citation is prepared electronically, the officer shall sign the copy of the citation that is delivered to the person charged with the violation. 2. The time specified in the notice to appear must be at least 5 days after the alleged violation unless the person charged with the violation demands an earlier hearing. 3. The place specified in the notice must be before a magistrate, as designated in NRS 171.178 and 171.184. 4. The person charged with the violation may give a written promise to appear in court by signing at least one copy of the misdemeanor citation prepared by the peace officer, in which event the peace officer shall deliver a copy of the citation to the person, and thereupon the peace officer shall not take the person into physical custody for the violation. If the citation is prepared electronically, the officer shall deliver the signed copy of the citation to the person and shall indicate on the electronic record of the citation whether the person charged gave a written promise to appear. A copy of the citation that is signed by the person charged or the electronic record of the citation which indicates that the person charged gave a written promise to appear suffices as proof of service. 1 cove / 3r7ç. Cdat,on,# NYE155529 COND/WEATHER TRAFFIC State of Nevada S NYPNO Clear LIciht D Nyo County ShenIlo oltice *clt t 24NY24868 SPEED DETERWlNE ROAD DaeTm.e 04127(2024 1054 Dry sue DavTn’e: 0412712024 1112 CRIMINAL in the ne?’srvc’paI Coo4 PAHRUMP JUSTICE COURT ADDITIONAL INFORMATION VIOLATION(S) II’JNI;NRS iN 1> 1482.545.1 153656 ADDRESS PHONE CITATION: Operate Unregistered Vehicle, Trailer or UI IV STATE ZIP CODE SemI TraIler NV TO WIT SAID PERSON DID WILLFULLY, KNOWLINGLY, AND UNLAWFULLY OPERATE SAID VEHICLE ON A PUBLIC OFFICER INFORMATION ROADWAY WITHOUT ANY LICENSE PLATE, REGISTRATION, OR TEMPORARY PERMIT. DRIVER SELF ADMITTED. SPENCER HAGAN 004736 VEHICLE LAST REGISTERED TO STATE OF NY AND SHOWS SURRENDERED PER NY DMV. oe’V. is’ Dacre ron a,. : cerr, rDe’ ?‘ea*s re fl ;‘ 9rs:a:a;.r:;::a:n e.OeZ,tv.5 r,:e.e,rAesr.,-.r:rs$r Cdt ti! 1tflC : en,.r, 01i Osi aaa ewç t E i.r._ie a ,rrwew s’-$a °s- Sr.a.#e C:i PAHRUMP JUSTICE COURT D-. r 1520 E. BasIn Aye, SuIte 104, Pahrump, NV 89050 0 Served By Otlcer ‘.‘: Same as Physical Pricrn 1-775451.7050 De’endani Sgnature: www.pahrumpjusticecowtcom CornpIainat Signature: Total BaL195 You am hereby ordwed to appear to answer tIre above chargos on the day anrl tree WSrout admitLog having committed lIre above óllense(s). I heralty prmtrise to reoportd 0612612024 at 0800 as drecttd on Il,m notice and waive my right to be taken immediately 6efwa a magistrate Q Court Marrdatvry Qlnteropreter voevted Language: (NRS 484799 ad NRS 484803) [uvorie: No C School Zone Q Radar Tppe. TRAFFIC Grañl: NONE TORIvER O. vOO JIr’DDLE ERA...D tCALV)N ‘Ew 2251 VER SAG€ DR leA EMAIL : : CITY STATE ZIP CODE PAHRUMP NV 89080 •• DRIVER lICENSE NUMEER DLCLASS DL STATE CDL CM NV No I I-lAIR : HT IEVE WEIGHT — 1 TEST C!:D%S ENDRSEMENTS Nnrre None,Not Applicable VEHICLE INFORMATION L:CE\5 E.A’E STAE hE BLACK l’AXE MODEL CHEVROLET EQUINOX SUVICARRY-AL VIN YEAR CMV HAZMAT 2GNFLFEKOE6136889 2014 No No TRAILER PLATE TRAII.ER STATE US DOTE NV ‘ROOt OF INSURANCE’ INS. CARD EXP. DATE REGISTERED OWNER SAME AS SUS? NO FfTTS JEFFREY ADDRESS 9 BANKS ST CORTLAND NY LOCATION LESLIE ST AT W CHARLESTON PARK AVE J CITED SPEED (MPH) POSTED SPEED (MPH) CONSTR. ZONE WORKERS PRESENT T SPEED (MPH) 1CASE NO SCHOOL ZONE ACCIDENT No No No No DEFENDANT TYPE HAD BEEN DRINKING RESULT % DRIVER No DIR OF TRAy Commissioners County of NYE 2100 E. Walt Williams Dr. Suite 100 Pahrump, NV 89048 July 15, 2024 Anthony Greco 5980 Pah rump Valley Blvd. Pahrump, NV 89048 Dear Commissioners, Since the County of NYE is self-insured due to errors and omissions this letter entered into the records acts as the official notice of claim being made against the County of NYE. I have extensive claims against the County of NYE. Probably too many to list however here are the top ones: • Violation of my rights under Marsy’s Law • Violation of my rights as it pertains to seniors who were a victim of crime • Violation of my rights to due process as it pertains to both Criminal and Civil Procedures • Libelous and Slanderous statements about myself to others The County has 30 days from this date to make an offer to resolve this matter prior to further legal actions against the County will take place. I look forward to hearing from you soon so that this matter can be resolved quickly. If I am required to file a lawsuit against the County I will also most likely cross file in Federal Court as well. Before the County choses to dismiss this claim, I suggest that you review the following case: Mack v. Williams, 138 Nev. Adv. op. 86 (Nev. 2022). This case is important because it clearly states that private persons can sue the government agencies for damages based upon the State Constitution whereby damages are implied and need not be actual as well as stripping Qualified Immunity as a defense in state court. I look forward to hearing from you within the 30 days window. Cordially, nthony Greco ATTACHMENT 2 / I am requesting this to be made part of the public record. V1 I believe that the C-U-P should be rescinded because of the MISREPRESENTATION of the Applicant in this statement from MediWaste’s Justification Letter: Question: Will the proposed use exceed the capacity of public services that cannot be mitigated? Applicant’s misrepresentation7) (‘There are no perceived adverse impacts related to exceeding the capacity of public services that cannot be mitigated. Any issue that may arise can be mitigated. / In this statement, MediWaste clearly states THERE ARE NO PERCEIVED ADVERSE IMPACTS RELATED TO EXCEEDING THE CAPACITY OF PUBLIC SERVICES THAT CANNOT BE MITIGATED. If this statement is TRUE. Just how would they “mitigate” the adverse impacts when the landfill is overf lowing with 40-foot trucks a day of toxic Biochar which would also be leaching into our water? Will they front the money to build a fully-lined landfill to take their toxins? Will they somehow miraculously come up with a new water source that is untainted by the Biochar that has leached into our aquifer? Willwe be forced to have bottled water trucked in for our every need like Tecopa did due to tainted water, or worse yet, become a ghost town? Will they “scrub” the toxins out of the aquifer waterjust like they “scrub” the exhaust gases in their process? This would definitely have an adverse impact on both the surrounding homes and businesses, and the community as a whole every citizen and business that would use water and or the landfill are at grave risk for this business to be allowed to operate. Because the Applicant did not answer this question honestly, I believe it is grounds to rescind he C-U-P. This is NOT a business we need orwant here in Pahrump. NAME: BOCC MEETING JULY16, 2024 () ATTACHMENT 3 lam requestingthistobe made part of the public record. I believe that the C-U-P should be rescinded because of the MISREPRESENTATION of the Applicant in this statement from MediWaste’s Justification Letter: ( (Question they were asked: Is the proposed use compatible with adjacent uses in terms of scaLe, site design, operationaL characteristics, hours of operation, traffic generation, lighting, noise, odor, dust, and other external impacts?) (diwa. 7dsponse): roposed USO IS tu with uses of - Irms of scaLe, opera(iOr’S, hours, traffic, and issues incLuding In this statement, Med iWaste clearly states that this property is COMPATIBLE in terms of OPERATIONS, HOURS, TRAFFIC AND DUST with: The Nevada DMV; a STORAGE YARD for plastic flooring; and an industrial heavy duty EQUIPMENT YARD. If this statement is TRUE. Does the DMV have STORAGE OF HAZARDOUS WASTE, DANGEROUS BIOCHAR, or VOLATILE BIOFUEL IN UNKNOWN VOLUMES UNTIL IT WILL BE PICKED UP AND TRANSPORTED ELSEWHERE? How about the other two businesses? If this statement is TRUE. Does the DMV have a steady stream of 53-foot Long tractor- trailers carrying HAZARDOUS WASTE, 40-foot long trucks carrying DANGEROUS BIOCHAR, or specialized fuel trucks carrying VOLATILE BIOFUEL coming in and out nonstop with at least 30-40 truckloads a month, not including fuel trucks or landfilL Loads? How about the other two businesses? If this statement is TRUE. Does the DMV have HIGH HEAT TEMPERATURES USED TO PROCESSTHEIR END-PRODUCT RANGING IN TEMPS OF UPTO 1652 DEGREES FARENHEIT? How about the other two businesses? If this statement is TRUE. Do any of these businesses OPERATE AS A REFINERY OF a biofuet at their facilities or require a special review OR OVERSIGHT by NDEP at their operations? It this statement is TRUE. Do any of these businesses store more than 10,000 POUNDS OF BIOFUEL ON SITE with plans to move beyond this amount? ATTACHMENT I am requesting this to be made part of the public record. I believe that the C-U-P should be rescinded because of the MISREPRESENTATION of the Applicant in this statement from MediWaste’s Justification Letter: 4 Question: Will pubLic safety, transportation and utility facilities and services be available to serve the subject property while maintaining sufficient Levels of service to / existing development? Applicant’s misrepresentation: There will be no impact on public transportation, utility services nor any other pubLic services arising from this project and the proposed use will not increase nor exceed any pubLic service Limitations. I’m going to address just one of these fallacies the IMPACT OF ANY OTHER PUBLIC SERVICES of the business. In this statement, MediWaste clearly states THERE IS NO IMPACT ON ANY OTHER PUBLIC SERVICES WITH: The Nevada DMV A STORAGE YARD for plastic flooring An industrial heavy duty EQUIPMENTYARD The OTHER NEARBY BUSINESSES, COUNTY OFFICES, AND RESIDENTS IN THE AREA, TRAFFIC SHOPPING ON THE 160 BUSINESS CORRIDOR AND THE COMMUNITY ASA WHOLE If this statement is TRUE. Will the DMV be affected if there is an explosion at the facility that requires more firefighters and equipment and EMTs than we have to extinguish and control the inferno? How about the plastic flooring yard or an industrial heavy duty equipment yard? How about any of the other surrounding homes or businesses that could very well be in the blast area? Because the Applicant did not answer this question honestly, I believe it is grounds to rescind the C-U-R This is NOTa business we need orwant here in Pahrump. NAME: BOCCMEETING JULY16,202 ATTACHMENT 5 Tamie Pitman Please enter the following into the record The Conditional use permit for Medi Waste should be withdrawn due to multiple false or unsubstantiated statements in their proposal. I would like to address their statement that; “There will be no impact on public transportation, utility services nor any other public services arising from this project and the proposed use will not increase not exceed any service limitations.” The process of pyrolysis uses heat, a lot of heat. A 2023 Japanese study of a commercial pyrolysis plant determined that a commercial plant consumes an average of 14,600,000 Megawatts per year. At our last annual district VEA meeting we learned that about 50% of estimated demand is provided through a long-term contract with a large solar farm near Boulder, NV. This is very inexpensive electricity. The rest is supplied by more expensive generation methods. And there is a portion of our demand that fluctuates based on the weather (cloudier, hotter, or colder than average) and during those times electricity is purchased at SPOT (market rate): a premium price. (Like buying gas in Death Valley.) This is a reality to us all, as every VEA customers is currently paying extra on their monthly bill because VEA had to purchase $8 million dollars of electricity ion the SPOT market towards the end of 2022 due to unforeseen conditions (unusually cold which lead to high demand etc.) I provide this background.ø understanding how MediWaste; with aspirations of operating 24/7, and how that operation could impact every VEA customer. Yes, there are rates for commercial vs. residential customers. However, our current contracts long term contracts would not be sufficient to meet the need, necessitating renegotiations of contracts. A detailed study on the potential impact on the members was never done so how could they make their claim that there will be no impact on utility services? fo 4s cLU /t d - 0 CJt4 /akj /:/c. aA - Additionally, no matter how well insulated a plant that requires 1,202 to 1,472 degrees F to create biochar, will radiate heat. What will be the impact on the microclimate of Pahrump’s weather? After this unusually hot summer, I do not wish to imagine... ATTACHMENT 6 7 lam requestingthisto be made part of the public record. 7 I believe that the C-U-P should be rescinded because of the MISREPRESENTATION of the Applicant in this statement from MediWaste’s Justification Letter: Question: Will public safety, transportation and utility facilities and services be available to serve the subject property while maintaining sufficient Levels of service t,,/ existing development? (APticant’s misrepresentation: There will be no impact on public transportation, utility services nor any other public services arising from this project and the proposed use will not increase nor9eed 91J any public service limitations. I’m going to address just one of these fallacies of the business the PROPOSED USE WILL NOT INCREASE NOR EXCEED ANY PUBLIC SERVICE LIMITATIONS. In this statement, MediWaste clearly states THE PROPOSED USE WILL NOT INCREASE NOR EXCEED ANY PUBLIC SERVICE LIMITATIONS WITH: 1) TheNevadaDMV 2) A STORAGE YARD for plastic flooring 3) An industrial heavy duty EQUIPMENT YARD 4) The OTHER NEARBY BUSINESSES, COUNTY OFFICES, AND RESIDENTS IN THE AREA, TRAFFIC SHOPPING ON THE 160 BUSINESS CORRIDOR AND THE COMMUNITY AS A WHOLE If this statement is TRUE. Will the DMV be affected by the limitations of the available public services in case of an emergency? Where will our small firefighter crews and EMTs go first? How about the plastic flooring yard or an industrial heavy duty equipment yard? How about any of the other surrounding homes or businesses or community as a whole that could very well be in the vicinity or path of the emergency or perhaps have their own emergencies at the same time? Because the Applicant did not answer this question honestly, I believe it is grounds to rescind the C-U-R This is NOTa business we need orwant here in Pahrump. NAME: 6/Of/4 6R BOCCMEETING JULY 16,2024 ATTACHMENT 7