Public meetings / Board of County Commissioners
August 6, 2024
80 turns, 80 with a named speaker, under 9 agenda items. The words and the names are the county clerk's.
Attendance
Commissioner Strickland
was present via telephone, so Commissioner Boskovich assumed the Chair of the Board of County Commissioners. Helen Bae was not present at this time.
2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.)
Ms. Shuey
talked about the heat the horses were forced to live in. She was advocating for people to build structures to provide shade for them and asked the Commissioners to make that a regulation. Warner Owens said he was a member of the Nye County Sheriffs Office Auxiliary for over seven years. He lived on Mount Charleston Drive and said the average speed in the town and on his street was over 55 to 60 miles an hour for 65% of the traffic seen. Someone was hit and killed on that street, fences had been knocked down, and a fire hydrant had been broken. While Mr. Owens was told there were not enough officers to provide traffic control there, but he noticed there were two officers stationed in Shoshone, California. Mr. Owens was very concerned someone would be killed again August 6, 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). and he asked the Sheriff to do something about the traffic problem. He would also appreciate it if the town board would take action to see that the Sheriff provided the necessary protection needed for the people of Nye County. Karen Waldman asked why there was no detailed back-up for the grants since grants were taxpayer money. There should be a requirement for a detailed expense report each time someone came before the Board requesting money, which should be included in the back-up. Information regarding who received the money, how much was paid for consulting, what actual benefits were derived from giving taxpayer money, and if the money benefitted only Nye County residents should also be in the back-up. Ms. Waidman said it was recently learned that a $10 million grant through Congressman Horsford’s office was coming for a shelter and soup kitchen. She wondered if there would be BLM land or County land discussed for the project as well as where it would be located. She also wondered why Nye County was increasingly adding homeless shelters and who was really benefiting from all of the homeless projects. The point she was making was there seemed to be a willy-nilly approval of both facilities, land use, and grant money to throw at the homeless problem in the County. Ms. Waldman asked what would happen if the County was sued when one of the grants resulted in behavior or action that was criminal. Maryan Hollis said the Commissioners looked very confused when the $10 million grant was mentioned by Ms. Waldman. She spoke with Congressman Horsford’s office and they were a little dismayed that the information was out before the Congressman himself got to announce it. She then discussed the April 10, 2024, RPC meeting where in under 38 minutes a CUP was granted to MediWaste, but at the Commission meeting three of the Commissioners stated they knew nothing about it. Ms. Hollis said it had come to the citizens’ attention that under 8.24.400, Hazardous Waste Permit Requirements, the applicant shall submit an application to the Nye County Planning Department with all fees and evaluations that impacted water quality, scenic values, community services, health and safety, etc. Upon completion of that required evaluation the Planning Department shall present the application to the Board of Commissioners to approve or deny the application no later than 45 days after the application was filed and possibly hold a public hearing. Ms. Hollis asked when that happened and if it did, how the Commissioners could claim to know nothing about it. She also felt there as a conflict of interest as Mark Fiorentino, the presenter for MediWaste, represented the County in other business. She stated when the failures of the Commissioners caused harm to the citizens, their only recourse was to take it to the courts. Darryl Lackey said he fixed stuff and he had done that most of his life. He stated the problem with government was it was all corrupt and people kept voting for Illuminati Freemasons. He then referred to a comment made by Commissioner Ccx at the last August 6, 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). meeting that he was asking for $50,000.00. Mr. Lackey said he asked for $210,000.00 because he wanted to show Tim Sutton that his salary could do something worthwhile in the world to end homelessness and poverty, even though that was not Mr. Sutton’s whole salary. Mr. Lackey asked where the $6 million from the Native American grant went. He then talked about the dangers lithium posed to the aquifer as well as his program to end homelessness and poverty. Michael David Garcia talked about purpose in unity and getting over some of the hate speech; faith and family; how God’s trust eclipsed constitutional duties; how he was raked over the coals outside and inside the courtrooms; how he represented fathers’ rights in multiple nations and dealt with state-sponsored kidnappings all across the world; grant money; and Title 8 violations. William Lovegren said he was having a problem with Nye County and the Artesia HOA regarding the right-of-way. There were legal issues ongoing as well with the County right-of-way and the Artesia HOA. James Petell said it was a shame that Tails of Nye County was leaving. He asked what was going on with Desert Haven as it looked like a place in Iraq that had been bombed. He advised Sheriff McGill had still not looked at Mr. Petell’s video. The District Attorney had not responded either. Mr. Petell said he would wait another two weeks before he did a 30-day letter. He then repeated his request for a rotating lunch schedule for County employees so the public could conduct business during that time. Nancy Gum said she was devastated Tails was closing. She begged the Commissioners to get the shelter running with a spay and neuter clinic and said they would help in any way they could.
3. Commissioner/Manager Comments (This item is limited to announcements,
Commissioner Cox
assured Denise Scherer that the County spayed and neutered every animal that went out through the County. She said Tails had been a big help over the years, but she did not understand why they were closing and asked for the reason.
Ms. Scherer
said the closing was for several reasons, one of which was funding. They did not get reimbursed for feral cats. They were also aging out and had no new volunteers. August 6, 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 Strickland
asked Mr. Reuben to contact her so she could walk him through the process and see what she might be able to do to assist him.
Commissioner Jabbour
encouraged people to attend the Purple Heart ceremony. He said about two weeks ago he was in a meeting with the Sheriff who said he had to break early because he had another appointment, which was to meet with the commenter. Commissioner Jabbour would follow up to ensure that meeting actually happened.
Commissioner Carbone
said when he first became a Commissioner there were a lot of individuals who did not want any restrictions from the County telling them what they needed to do to cover their animals. He would entertain another conversation about that at any point in time. Animal Shelter Manager Kristy Siegmund advised a new Animal Control Officer for northern Nye County had been hired. Their Bissell event was a huge success. They adopted out 35 animals from the Pahrump shelter and were able to transfer 37 animals to rescues, but the shelter was still full. Ms. Siegmund encouraged the community members who had animals to microchip and spay/neuter them. She was also very disheartened to hear that Tails of Nye County was closing and said it would be a massive void that would need to be filled. She advised the shelter would participate in NBC’s National Clear the Shelter event which would run from August 10, 2024, to September 10, 2024. She understood not everybody could adopt and encouraged those people to donate or volunteer. Contracts and Grants Manager Stephani Elliott addressed comments made by the public. There were several different entities within Nye County as a whole that were eligible to apply for federal and state grants. The Congressional spending which she believed was awarded benefitted Nye County, however, that was not actually a Nye County government request. Additionally, the grants policy required staff to bring forward any grants to be authorized by the entire Board and signed off by the Chair before they could proceed with doing anything on any awarded grant funding. On today’s agenda were several consent items and there was always complete back-up, including the actual grant award which had a budget line item. Anyone reviewing the back-up could verify where that money was supposed to be spent.
Commissioner Cox
asked Ms. Elliott to explain one more time the grant and the $6 million that people seemed to think the County gave away to somebody that did not exist. August 6, 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).
Ms. Elliott
explained Nye County received State and local fiscal funding through the open grant program, which was a grant received by the U.S. Treasury in 2020-2021 right at the time of the pandemic. The County had an ARPA Grant Policy and granted funds towards the community. Some of those funds were used for public emergency services and small business grants were made available. There were also tourism grants. Today there would be presentations from some of the public assistance grants which were ARPA funded. Ms. Elliott said the funding Commissioner Cox mentioned was the Local Assistance and Tribal Consistency Funding. The County was the local assistance portion of that and tribal nations throughout the United States received their portion of funding. While that grant was tracked under grants, it was really just a general revenue subsidy from the federal government. On April 2, 2024, Ms. Elliott came before the Board with plenty of back-up if people wanted to review it to decide where the initial $12 million received for the local assistance funding would be allocated. At that time there were several requests for vehicles and so Emergency Management and the Sheriffs Office had allocations for vehicles. About a quarter of it was awarded to the IT Department for upgrades to the public communications microwave. Buildings and Grounds also had things that needed to be completed as well which was about $6 million. Lastly, just under $6 million was moved directly into the County’s general fund for a cushion as the County was waiting on revenues. Ms. Elliott said that $6 million did not go anywhere except to pay the County’s bills. The intention was for that to be paid back so those funds could be re-used for County purposes and that should occur before April, 2025.
Commissioner Carbone
said the old shelter that was not being used was a County building which would eventually be torn down.
Commissioner Cox
asked Fire Chief Scott Lewis what happened at the DMV last night. Chief Lewis said they were dispatched to a report of a fire alarm with water presenting at the front of the building. They found a sprinkler system riser had been compromised and was pouring water out of the front of the DMV.
Commissioner Carbone
asked Chief Lewis to elaborate on the fire data he provided. Chief Lewis said since the July 18, 2024, meeting there had been five vehicle fires, eight working brush fires, five structure fires, and four rubbish fires. There was an additional brush fire overnight as well as the flooding event at DMV so it continued to be busy. He clarified those numbers were only for Pahrump and did not include Amargosa, Beatty, Tonopah, or Round Mountain. Chief Lewis reminded the public to be careful and call 911 immediately. August 6, 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 Carbone
asked about relocating the DMV. Tim Sutton advised Assemblyman Hafen reached out and asked if the County had any space for a temporary DMV. Mr. Sutton met with representatives from the State last week and looked at a couple potential sites. He had not heard back from them, but he would move forward and let the public know when services were up and running.
11. For Possible Action — Discussion and deliberation to:
Commissioner Carbone
made a motion to approve as written and execute the agreement expiring July 21, 2028; seconded by Commissioner Jabbour; 5 yeas. August 6, 2024 SITTING AS THE BOARD OF COUNTY COMMISSIONERS
12. CONSENT AGENDA ITEMS These are items that Staff recommend for
Commissioner Carbone
said he was going to ask to have item 12.3. pulled for discussion to make it clear the County would do the MOU if Natural Resources Director Megan Labadie was present.
Ms. Labadie
was present via telephone. She advised the agenda item had an error. She indicated it was gold mining development, but it was actually lithium mining.
Commissioner Carbone
wondered if item 12.3. should be done separately because of that change. Samantha Tackett explained the agenda item as written was correct as it did not indicate what element was being mined. 12.1. For Possible Action —Approval of Assessor’s Office Change Request(s) to allow the Nye County Treasurer’s and Assessor’s Office to process and: 12.1.a. Issue a corrected tax bill in the amount of $3,144.99 to Timothy Sansoucie, and Marleen Serafica, owners of 4941 E. Stoneham St.. Pahrump, NV, Assessor’s Parcel Number 043-644-04. 12.1.b. Issue a corrected tax bill in the amount of $5,634.97 to Jackie E., and Wanda E. Meek, owners of 821 E. Hickory St., Pahrump, NV, Assessor’s Parcel Number 040-491-21. 12.1.c. Issue a corrected tax bill in the amount of $3,939.01 to Juan Cardenas, owner of 1691 E. Blackhorn St., Pahrump, NV, Assessor’s Parcel Number 042-663-10. 12.1.d. Issue a corrected tax bill in the amount of $3,444.88 to the John K. & Terese K. Cato Trust, owners of 4778 W. Quail Run Rd., Pahrump, NV, Assessor’s Parcel Number 027-181-46.
Commissioner Carbone
made a motion to approve consent items 12.1.-12.6.; seconded by Commissioner Jabbour; 5 yeas. 12.2. For Possible Action Approval of the meeting minutes from the joint meetings on May 7, and 21, 2024.
Commissioner Carbone
made a motion to approve consent items 12.1.-12.6.; seconded by Commissioner Jabbour; 5 yeas. August 6, 2024 12.3. For Possible Action Approval of a Memorandum of Understanding (MOU) with the Bureau of Land Management (BLM) to participate as a Cooperating Agency in the National Environmental Policy Act (NEPA) for the American Battery Technology Company (ABTC) Tonopah Flats Mine Project Environmental Impact Statement.
Commissioner Carbone
made a motion to approve consent items 12.1 .-12.6.; seconded by Commissioner Jabbour; 5 yeas. 12.4. For Possible Action — Approval to: 12.4.a. Accept the Nevada Department of Public Safety State Emergency Response Commission (SERC) Fiscal Year 2025 United We Stand (UWS) grant award in the amount of $31 475.00 to purchase approved equipment for firefighters to use for on scene decontamination as well as to upgrade radio communications equipment for the Amarciosa Valley Amateur Radio Emergency Service/Radio Amateur Civil Emergency Service (ARESIRACES) group. There is no match required; 12.4.b. Allow a one-time exception for Director of Emergency Management Scott Lewis to execute the grant award; and 12.4.c. Fund to 10340 Grants.
Commissioner Carbone
made a motion to approve consent items 12.1 .-12.6.; seconded by Commissioner Jabbour; 5 yeas. 12.5. For Possible Action — Approval to: 12.5.a. Accept the Supreme Court of Nevada Administrative Office of the Courts (AOC) ARPA-State and Local Fiscal Recovery Funds (SLFRF) grant subaward in the amount of $5188.00 to purchase a metal detector to be used at the Tonopah Justice Facility and Tonopah Justice Court. There is no match required; 12.5.b. Allow a one-time exception for Justice of the Peace Jennifer Klapper to execute the grant subaward; and 12.5.c. Fund to 10340 Grants
Commissioner Carbone
made a motion to approve consent items 12.1 .-12.6.; seconded by Commissioner Jabbour; 5 yeas. August 6, 2024 12.6. For Possible Action — Approval to: 12.6.a. Accept the Federal Fiscal Year 2024 Notice of Subaward (NOSA) Amendment #1 from Aging and Disability Services Division (ADSD) for Nutrition Services Incentive Program (NSIP) in the amount of $2,852.00 to purchase foods for congregate meal services in Tonopah, NV; 12.6.b. Execute the Subaward; and 12.6.c. Fund to 10281 Senior Nutrition.
Commissioner Carbone
made a motion to approve consent items 12.1 .-12.6.; seconded by Commissioner Jabbour; 5 yeas. TIMED ITEMS 6. 10:00 a.m. Presentation by Misha Allen and Hayley Maio Extension Educators regarding the Fiscal Year 2023-2024 Third and Fourth Quarter Report for the University of Reno (UNR) Extension in Nye County. (5-minute time limit) Misha Allen and Hayley Maio presented the third and fourth quarter reports for the University of Reno Extension in Nye County. 8. 10:00 am. Presentation by Ryan Muccio with NyE Communities Coalition (NyECC) regarding program status, outcome results, a budget status report and future goals pursuant to the Nye County ARPA Recovery Plan and Policy: Public Health Assistance-Mental Health. (5-minute time limit) Ryan Muccio gave a presentation regarding NyE Communities Coalition’s use of the ARPA funds granted to them for public health assistance-mental health. 7. 10:00 a.m. Presentation by DJ Mills with NyE Communities Coalition (NyECC) regarding program status, outcome results, a budget status report and future goals pursuant to the Nye County ARPA Recovery Plan and Policy: Public Health Assistance-Mental Health and Homeless Programs. (5-minute time limit) DJ Mills gave a presentation on NyE Communities Coalition’s use of the ARPA funds granted to them for public health assistance-mental health and homeless programs. 9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to issue an Outdoor Festival License to the Town of Pahrump for the Pahrump Fall Festival to be held September 19-22, 2024, at Petrack Park located at 150 N. Highway 160, Pahrump, NV. Courtney Kenney and Jimmy Martinez from Pahrump Buildings and Grounds were present. Mr. Martinez said this was the standard festival they did every year. August 6, 2024 9. Cont’d. 10:00 a.m. For Possible Action Public Hearing, discussion and - — — deliberation to issue an Outdoor Festival License to the Town of Pahrump for the Pahrump Fall Festival to be held September 19-22, 2024, at Petrack Park located at 150 N. Highway 160, Pahrump, NV.
Commissioner Boskovich
opened and closed the public hearing.
Commissioner Carbone
mentioned the questions last time about the entertainment and asked how they were regarding local versus non-local entertainment. He also asked if there had been communication about how much budget was available.
Mr. Martinez
said that was being worked on now.
Commissioner Cox
wanted to have the open pit barbecue this year and asked Mr. Martinez to bring the cost to do that forward at the next meeting.
Mr. Martinez
advised the pits were no longer usable because of what was in the area of the pits and the Health Department shut it down. There were also new requirements. He met with the Health Department and had a location picked out. He was working on funding for next year and the pits would go in at a new location.
Commissioner Jabbour
made a motion to approve as written; seconded by
Commissioner Carbone
; 5 yeas. PLANNINGIBUILDING/CODE COMPLIANCE
20. For Possible Action Discussion and deliberation regarding a request to set a
Commissioner Jabbour
made a motion to set the public hearing for September 4, 2024, at 10:00 a.m. in Tonopah; seconded by Commissioner Carbone; 5 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD
Commissioner Jabbour
assumed the Chair of the Licensing and Liquor Board. August 6, 2024 LIQUOR 10. For Possible Action Discussion and deliberation to approve a Wholesale Liquor License for Stillhouse of Buffalo. LLC., dba Steelbound Brewery and Distillery. Mark Baerwaldt, Applicant.
Commissioner Carbone
made a motion to approve the wholesale liquor license for Stilihouse of Buffalo, LLC, as all were evaluated, everything was complete, and the Sheriff’s approval was available; seconded by Commissioner Boskovich; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS
Commissioner Boskovich
assumed the Chair of the Board of County Commissioners. BOARD OF COMMISSIONERS 13. For Possible Action — Discussion and deliberation to: I 3.a. Appoint one member of the Nye County Board of Commissioners to the U.S. Department of Energy, Nevada Site Specific Advisory Board (NSSAB) due to an expiring term; and 13.b. Choose Option 1: Full Liaison or Option 2: Limited Liaison.
Commissioner Carbone
made a motion to appoint Commissioner Jabbour as a full liaison to the NSSAB; seconded by Commissioner Boskovich; 5 yeas. CLERK 14. For Possible Action — Discussion and deliberation to: 14.a. Appoint one member to the Amargosa Valley Town Board due to a resignation from the following list of applicants: Joseph LaBossiere, Waylon Lucas, Patricia Minshall, and Jimmy R. Thomas and/or; 14.b. Readvertise for the appointment. Ammie Nelson stated her support for Patricia Minshall as she was always at the meetings, stayed informed, and she was very active in her community. Tim Bohannon stated his support of Ms. Minshall. Jimmy Thomas said four or five years ago he served as chairman of the board and ultimately resigned for personal reasons. He had no objections to Ms. Minshall being on the board, but he had a lot of time now to devote to the board and would like to do that for the next five months. He wanted to help the people who were on the board now fight against the lithium mines so they could be freed up to do what they needed to do to try and get the 20-year withdrawal. August 6, 2024 14. Cont’d. - For Possible Action — Discussion and deliberation to: 14.a. Appoint one member to the Amargosa Valley Town Board due to a resignation from the following list of applicants: Joseph LaBossiere, Waylon Lucas, Patricia Minshall, and Jimmy R. Thomas andlor; 14.b. Readvertise for the appointment. Joseph LaBossiere said either applicant was fine with him. Pat Minshall said she threw her hat in the ring because there were so many difficult things going on in Amargosa with the solar and lithium. She thought Mr. Thomas would be a great choice as well.
Commissioner Jabbour
made a motion to appoint Patricia Minshall to a term expiring January, 2025; seconded by Commissioner Carbone; 5 yeas. PUBLIC ADMINISTRATOR 15. Presentation regarding the quarterly report from the Public Administrator on deceased person cases that are open, ci osed, pending, NCPA Creditor Claims, non-cases or cases that have been turned over to family. The report was in the back-up.
Commissioner Carbone
said several people had called him. He wanted to put something on the agenda to talk about changing this from what it was today. Tim Sutton said that could be done. SHERIFF 16. For Possible Action — Discussion and deliberation to: 16.a. Approve, amend and approve, or reject a Memorandum of Understanding between Nye County and the U.S. Immigration and Customs Enforcement Homeland Security Investigations for governing the use of Homeland Security Investigation designations by certain employees of the Nye County Sheriff’s Office and; 16.b. Execute the agreement. Ammie Nelson said she was told this position could not be assigned because the Board could not willingly designate a deputy or anyone in that department into a federal position. This would be a federal position if they were over the ICE department. She thought somebody should look further into this so there was no problem in the future. August 6, 2024 16. Cont’d. - For Possible Action — Discussion and deliberation to: 16.a. Approve, amend and approve, or reject a Memorandum of Understanding between Nye County and the U.S. Immigration and Customs Enforcement Homeland Security Investigations for governing the use of Homeland Security Investigation designations by certain employees of the Nye County Sheriffs Office and; 16.b. Execute the agreement. Helen Bae was present.
Commissioner Boskovich
asked Tim Sutton if he saw any problems with this, to which
Commissioner Jabbour
commented it had also had legal review. Michelle Nelson said she found no legal issues with it. Doug Knowles said the Sheriff was an elected position and his staff reported to his administration. As Sheriff he was the chief law enforcer of the land as well as the last vestige for constitutional protection from federal overreach. He was concerned that if the County signed a contract with the federal government the County’s officers would enforce federal law and the Sheriff’s ability to stand for the citizens would be lost.
Commissioner Carbone
explained the Sheriff’s Department was just the custodian and the federal government was responsible for the individuals. As to constitutionality and the Sheriff losing his position, he said this was totally separate from his job and the federal government was not taking over anything. Additionally, the Board approved this in 2017 or 2018.
Commissioner Cox
stated she did not agree with this. She did not care if it was U.S. Immigration or Homeland Security. She did not see any reason why the County had to do their job. She did not like the way this whole thing looked and was a little nervous about it. She said she would much rather have this brought back at a different time after the elections. It looked very suspicious to her and even though there may not be anything wrong with the way it was written, Commissioner Cox said she did not want to suffer any more consequences under the thumb of the feds than what the County already was.
Commissioner Jabbour
said the Sheriff informed him that he was unavailable to make today’s meeting. Since this was a very important item, he thought it was only fair to hear from the Sheriff to justify or not what this item was about in detail. He was not opposed to putting this on hold, but it had to be for a specific time. August 6, 2024 16. Cont’d. - For Possible Action — Discussion and deliberation to: 16.a. Approve, amend and approve, or reject a Memorandum of Understanding between Nye County and the U.S. Immigration and Customs Enforcement Homeland Security Investigations for governing the use of Homeland Security Investigation designations by certain employees of the Nye County Sheriff’s Office and; 16.b. Execute the agreement.
Commissioner Cox
said she would like to put it on hold until February, 2025, to go through the election and see what happened during January, 2025, before any changes were made in what the County had at this point.
Commissioner Jabbour
asked about time constraints. Purchasing and Contracts Administrator Honey Strozzi said she was not sure and needed a little time to determine that.
Commissioner Carbone
asked if this was pushed off what would happen to the negotiations just done. Helen Bae explained as an MOU there was no dollar value to this contract. There were provisions that it did not confer any rights, privileges, or benefits to any other party or the public. She believed there were terms in this agreement of what would be reimbursed should the Sheriff participate. Mrs. Bae agreed the Sheriff should be present to answer any questions and it should be looked at more closely to be able to answer the public’s and the Commissioner’s questions. She pointed out this was a separate agreement from the agreement with ICE for the inmates at the jail.
Commissioner Jabbour
made a motion to reschedule this item for August 20, 2024, at 10:00 a.m. in Pahrump chambers; seconded by Commissioner Carbone; 5 yeas. COUNTY MANAGER 17. For Possible Action Discussion and deliberation to ratify a letter from the County Manager, Timothy Sutton authorizing Spring Mountain Raceway, LLC to sell property to Gridliance West, LLC.
Commissioner Strickland
disclosed she was a Nevada real estate agent, but she did not have any pecuniary interest in this item and would vote on it. Russ Meads explained the development agreement between Nye County and Spring Mountain Raceway required any land to be sold had to be approved by Nye County to ensure that the next party would either abide by the agreement or be able to submit to Nye County for their own development agreement. This letter allowed for that ratification. GridLiance, the energy company expanding the energy power lines that August 6, 2024 17. Cont’d. For Possible Action Discussion and deliberation to ratify a letter - — from the County Manager, Timothy Sutton authorizing Spring Mountain Raceway, LLC to sell property to Gridliance West, LLC. came in and out of Nye County, had chosen this area of their line to be able to expand and put their major expansion of their substation at this location. It was currently at this location and this was the expansion of that system. Mr. Meads believed the expansion had been approved by the County and there was an agreement in place with the County already. Linda Clark said when she first saw the Commissioners had approved GridLiance she cringed, It was an extension of a power line, but it was also connected to solar. She did not know if they were going to put solar there, but she did not want it. If the Board was giving them more leeway to do that, Ms. Clark said no as it was not needed. Carolene Logue said she wanted get more information on this development. It was not clear in the back-up as to really what the purpose of the project was and where it was located. She thought it could be beneficial to the community in a lot of different ways, and understanding the benefits and the other situations that might arise out of it would also be helpful before a decision was made. Doug Knowles said from the back-up he read that a letter was sent by the County Manager approving these terms so something went through escrow prior to this meeting, which he did not agree with and thought was improper. The authority in this was the Board, not the County Manager, and he wanted to know on what basis it was legitimate for him to do this. Mike Fender wanted the Board to get a really clear clarification on the use of this parcel. He understood it was about 290 acres and while he was sure the County could probably benefit from it, no one knew for sure what was going to go there. Mr. Fender was concerned it could be solar panels or battery storage. Ammie Nelson said she would also like more detail on what was going to be done. She did not see how it would benefit the County as the public was against solar as well as storing panels, batteries, or anything else. Jim Petell stated the public did not want this nonsense here. It was detrimental to the public health, safety, and welfare of this community and this County. He asked the Commissioners to do their due diligence. Scott Reuben said when he lived in Cedar City they were inundated by solar farms. It was a blight on the landscape and a horrible thing to see come into the community. Laura Larsen said she was totally against this. She wondered if GridLiance would put solar panels on the parcel. She also had a problem with Mr. Sutton on this matter as he did not have the authority to approve the sale of property and write an approval letter. August 6, 2024 17. Cont’d. For Possible Action Discussion and deliberation to ratify a letter - — from the County Manager, Timothy Sutton authorizing Spring Mountain Raceway, LLC to sell property to Gridliance West. LLC. Per Nye County Code 3.8 approval from the Board was needed before sending the letter in the back-up. Ms. Larsen stated Mr. Sutton violated that Code. She thought more investigation was needed on this item. Beth Borysewich said the agreement was for the profit of GridLiance, plain and simple, with no benefit to Pahrump. She pointed out the land at the race track was gifted to the to the race track and there was an agreement that no land was to be sold without the permission of the County Commissioners. Ms. Borysewich did not know why Mr. Sutton thought he had the authority to write an official approval letter to allow the race track to sell the land as he did not. She thought that might be an ethics violation that needed to be looked into. She felt the project would affect the protected species in the desert and would give GridLiance leeway to have solar farms in Pahrump. Dee Mounts provided a little bit of background on GridLiance since she met with them. They were constantly defending themselves and saying they were different because they were only about upgrading transmission lines, but Nextara was also part of the company and they were solar. She thought this item needed to be continued because there was not a lot of information in the back-up and she could not find any of the answers she needed. Planning Director Brett Waggoner believed there was a misunderstanding of what this item actually was. He explained this was a piece of property that went along with the development agreement and SUP that the Board approved a few meetings ago. That gave them the entitlement for the expansion of the substation to accommodate their line upgrade. This was not for solar, and it was not even a feasible piece of property for solar because it was too small to make it profitable.
Mr. Sutton
addressed the comments regarding his authority. He fully admitted that he did not have the authority to authorize this sale, which was the reason for this ratification item. There were ratification items all the time as the Board met every couple of weeks. There were lot of things that took place between the meetings and occasionally quick decisions were needed, which sometimes happened outside of his authority or a particular department head’s authority. When something was signed or authorized outside of that authority, the people were told it was subject to the approval of the Board of County Commissioners and that was what happened in this case. Mr. Sutton said he did not see any issues with it because as Mr. Waggoner stated it was something that the Board had already indicated their approval of and that was why he signed the letter.
Commissioner Jabbour
asked Mr. Sutton if GridLiance, the raceway, the area, and the map brought before the Board was a factor in his decision to write the letter and authorize what he did, to which Mr. Sutton responded yes. August 6, 2024 17. Cont’d. For Possible Action Discussion and deliberation to ratify a letter - — from the County Manager, Timothy Sutton authorizing Spring Mountain Raceway, LLC to sell property to Gridliance West, LLC.
Commissioner Cox
said this was the Board’s decision to make. There had been a meeting since the letter, which was dated July 9, 2024, and it could have been put on the agenda and approved by the Board. She did not feel this was an emergency. She did not like to be put in this position and while ratifications had been done,
Commissioner Ccx
thought those needed to stop. She said GridLiance had been very good about coming to the meetings and speaking to the Commissioners openly. She had a suspicion as to why they did not send somebody here today to explain why this was an emergency.
Commissioner Strickland
asked Mr. Waggoner if the signed development agreement and SUP that the Board agreed to were in place.
Mr. Waggoner
advised there was no executed agreement because there was a discrepancy on one of the exhibits. There were some APN numbers listed that needed to be taken off and replaced as Planning had multiple lists and apparently included the wrong list in the exhibits. That was the only hold up with the execution of the agreement.
Commissioner Strickland
asked if it was correct this did not have legal review. Michelle Nelson said that was correct.
Commissioner Strickland
asked if there could be a contingency in the motion that legal review must be done and the development agreement and SUP approved by this Board had to be in place prior to this being approved.
Ms. Nelson
said yes based on the agenda item. The ratification could be made with conditions. Alternatively, the Board could continue this item to the next meeting and legal review could be made at that time. She was not sure if the development agreement or SUP would be in place by then.
Commissioner Strickland
asked the Commissioners to consider a contingency if they were not going to move this item forward.
Commissioner Carbone
thought this item had to be put on hold to rectify everything else.
Mr. Waggoner
said it was an easy fix on the development agreement. It was a modification of one of the exhibits, not a modification to the agreement, and it would not have to come back to the Board. August 6, 2024 17. Cont’d. For Possible Action Discussion and deliberation to ratify a letter - — from the County Manager. Timothy Sutton authorizing Spring Mountain Raceway, LLC to sell property to Gridliance West, LLC.
Commissioner Carbone
asked if the letter was needed because they were trying to close escrow and they needed something that said the County agreed.
Mr. Meads
said that was a portion of it. The other portion of it was they wanted to make sure that they had all of their properties acquired, which is something Grid Liance had promised they would have in place before they had the development agreement and SUP done for their expansion. Mr. Meads said this did not give GridLiance approval to do anything on the property whatsoever. It was simply a property sale.
Commissioner Strickland
pointed out the County’s exhibit was not correct either and was not ready to go. This needed to be one package, not piecemealed like this.
Commissioner Carbone
said in his mind the letter was probably negated since staff needed to make sure the development agreement was right.
Mr. Waggoner
said the development agreement was right based on what staff had. GridLiance said they made some last minute changes to properties they were trying to acquire as part of their route. They came up with an alternative and did not need to acquire five of the properties.
Commissioner Strickland
commented it seemed important to GridLiance to get the letter but not important to get the original development agreement done. She had a problem with that. She wanted to continue the item to have legal review and package it with the rest.
Commissioner Strickland
made a motion to continue this item to September 4, 2024, in Tonopah; seconded by Commissioner Carbone; 4 yeas. Commissioner Cox voted nay. August 6, 2024 FACILITIES 18. For Possible Action — Discussion and deliberation to: 18.a. Discuss the bid proposals received for Bid No. 2024-06 Tonopah Fire Panel; 18.b. Award Bid 2024-06 Tonopah Fire Panel to API Group Life Safety USA LLC dba Statewide Fire Protection in the amount of $210,382.00; 18.c. Approve or amend and approve the contract with selected bidder; 18.d. Fund to 10340 Grants; or 18.e. Reject bid and provide direction to staff on how to proceed with the project. Honey Strozzi said this was pretty straightforward. One bid was received, which was responsive and responsible. The price came in under the anticipated cost and staff recommended award. Facilities Manager William Allen agreed with Ms. Strozzi that it came in under what was anticipated and it looked like a good project.
Commissioner Carbone
made a motion to award Bid No. 2024-06 to API Group Life Safety USA LLC in the amount of $210,382.00 and fund from 10340 Grants; seconded by Commissioner Jabbour. Michelle Nelson asked that the motion be amended to approve the contract with the selected bidder.
Commissioner Carbone
amended his motion to award Bid No. 2024-06 to API Group Life Safety USA LLC in the amount of $210,382.00, approve the contract with the selected bidder, and fund from 10340 Grants; Commissioner Jabbour amended his second; 5 yeas. FINANCE 19. For Possible Action Discussion deliberation to adopt, amend and adopt, or reject a cash transfer between Nye County General Fund 10101 and the following funds: 10214 Pahrump Museum $45000.00 10215 Tonopah Museum $35,000.00 Helen Bae said at the last meeting this item was missing back-up so it was continued to today. This was the second part of the resolution to amend 10214 and 10215 as approved by the Board on June 18, 2024, to make the cash transfer from the general fund to the museum funds. August 6, 2024 19. Cont’d. For Possible Action Discussion deliberation to adopt, amend and - — adopt, or reject a cash transfer between Nve County General Fund 10101 and the following funds: 10214 Pahrump Museum $45,000.00 10215 Tonopah Museum $35,000.00 Tim Bohannon asked that next fiscal year an eye be kept on what was going to be necessary.
Commissioner Carbone
made a motion to adopt the cash transfer between Nye County General Fund 10101 and the following funds it needed to go to: $45,000.00 to 10214 Pahrump Museum, and $35,000.00 to 10215 Tonopah Museum; seconded by
Commissioner Jabbour
; 5 yeas. PLANNINGIBUILDING/CODE COMPLIANCE
21. For Possible Action Discussion and deliberation to adopt, amend and adopt,
Commissioner Carbone
made a motion to adopt Resolution No. 2024-24, a temporary stay on the increase of funds to January 13, 2025; seconded by Commissioner Jabbour.
Commissioner Boskovich
commented that a lot of times government played the game kick the can and he was not a huge fan of that.
Commissioner Carbone
explained the reason behind this was people were trying to get things completed.
23. CommissionerlManager Comments (This item is limited to announcements,
Commissioner Strickland
said during item 6 today there was discussion about the UNR Extension Service in Tonopah having expansion limitations due to the area they had to work with in Tonopah. She was sure Assistant Manager Dellinger had already thought about this, but as the County was putting together its child care facility she thought it would be amazing to wrap UNR into that.
Commissioner Cox
congratulated Pat Minshall. Since she was now a board member,
Commissioner Cox
suggested the town board put an agenda item on and vote to send a letter asking them to present themselves to Amargosa. She then spoke about grants.
Commissioner Cox
said she was a person who was definitely against grants, but there were issues in the County. There were people in the public the County could not help without the grants. Her only problem with grants was the strings that were attached. So far the County had not really suffered any consequences that Commissioner Cox could see from accepting the grants, but she had seen a lot of good that had been done with them.
Commissioner Jabbour
reminded everyone the Purple Heart Ceremony would be tomorrow at 6:00 p.m. at the Veterans Memorial.
24. ADJOURN
Commissioner Boskovich
adourned the meeting. ‘2v6 APPROVED this ‘C) day ATTEST: Of r1yv12&r , 2024.
Chair Nye
5jnty Clerk I Deputy