September 17, 2024

Commissioner Boskovich

assumed the Chair of the Board of County Commissioners.

Commissioner Strickland

was not present. Gerald Butler talked about integrity; how code enforcement was being done wrong; how the District Attorney needed to stop prosecuting those cases; NRS 269.210; and how no one was following the laws. Jeff Cotterman spoke about the dangers of lithium ion. September 17, 2024 2. Cont’d. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (FIRST). Dee Mounts told the Commissioners about their new library program called Tales With Pebbles, which was a reading program for kids. They could choose a dog to read a book to while they were petting them. Anthony Greco announced Pahrump Real News would be on KPVM-TV.com as Pahrump did not have a news channel or a paper that told people what was going on. He said it would tell the real story about Pahrump and only things that affected Pahrump. Bruce Hoffrichter said he believed in the right of people to defend themselves, but he also believed in common sense. There were certain areas in public where guns should not be allowed. Since this was going to be the most volatile election anyone had seen in their lifetime, he asked the Commissioners to ban weapons in the polling place to protect the poll workers and the general public. Oliver Jones from the Pah rump Theater Company said they would have mass auditions on September 28, 2024, from 12:00 p.m. to 4:00 p.m. at the Salvation Army behind Wal Mart and Albertson’s. They would be doing a haunted house at the Petrack Park pool house and Mr. Jones said if people wanted to scare others they should get involved. He also asked people to follow the Pah rump Theater Company on Facebook, Instagram, or TikTok. Carolene Logue commended the emergency response team and all the public servants for their work and being prepared for these emergencies. She went to the 9/11 memorial and said it could have been better attended by many people, including the Commissioners as only two of them attended. She pointed out how important the grants were for all services provided to the community. She stated people had to be careful of their rhetoric and that Proposition 3, while opposed by the Democratic Party, would allow for greater options for all voters and allow for more candidates so the country was not just a two party nation. Gary Bergman said he did a radio show every Monday at 5:00 p.m. on local Gen. X Radio 98.1 FM called the Real American Law. He wanted everybody to know that the law of Nevada overrode every other law and was the common law of England in NRS 1 .030. It was the law in 49 of the corporate states except Louisiana, which had the right to do French law. Besides the common law, 37 states had Dillon’s Rule, which was a form of common law. Mr. Bergman said people needed to know that before they started doing things here. He then said he was a Democrat, but in 1977 he found out the head of his union and the head of the AFL-CIO were members of the Trilateral Commission, which he suggested everybody read about. Mr. Bergman changed his party to Republican and he was now the founder of the Nevada Republic Common Law Private Members Association. Their memberships were contracts that allowed the September 17, 2024 2. Cont’d. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (FIRST). members under the Supreme Court to be outside the corporate realm of the Commission’s corporation and any other corporation of the United States corporation. The members no longer answered to them and were basically free. Mr. Bergman thought everybody should look that up as there were 76 Supreme Court rulings regarding it. Samuel Jones said a speaker made a comment about the Second Amendment. He said a well regulated militia being necessary to a free state, the right of the people to keep and bear arms shall not be infringed. People could carry a gun anywhere but the school or the town hall. People who wore a sidearm had to have common sense. Mr. Jones stated Mr. Petell was right about what happened. The Sheriff did not allow Mr. Petell between the cones even though he owned the Pahrump Independent News Network. Lastly, Mr. Jones said the Commissioners took an oath to defend the people of Nye County, the constitution of Nevada, and the constitution of the United States of America, which happened to be the supreme law of the land. He asked them to stick by their oath. Jenney Sartin, CEO of the Pahrump Valley Chamber of Commerce, read a letter into the record regarding the creation of a Pah rump Economic and Business Development Task Force [see Attachment 1]. Michael David Garcia asked that his comments be entered into the record. He said for the last four or five years he had come to the Commissioners and given them federal guidelines and violations that have been happening in the courts. The judiciary was unchecked as the judges oversaw the judges. Mr. Garcia wondered if a civil rights case was needed just to tell the Commissioners they could not segregate the right to express freely under the First Amendment. He asked if it made sense for a parent to get 128 days for speaking at a School Board meeting. The Sheriff backed up Mr. Boruchowitz, Tim Sutton was gone, and the Superintendent was gone all because Mr. Garcia wanted to notify parents of the potential dangers of the ejaculation of the Sheriffs Department in closed doors with school children unannounced. He had videos of multiple children and nobody had been held accountable. Mr. Garcia said there was a need to come together and the fix would be by the people, not the government. He felt constitutional duties were taking a back seat to third party unions with state sponsored interests. Every county and state was going through the same corruption in the District Attorney’s Office. He told the Commissioners they were complicit and turning a blind eye. Darrell Lackey talked about the homeless and how everyone felt they had mental issues; Republicans and Democrats; and how Contracts and Grants Manager Stephani Elliott refused to meet with him. September 17, 2024 2. Cont’d. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (FIRST). John O’Brien thought the Commissioners needed to put a resolution together not just on solar but on battery storage as well, especially over the Pahrump Basin 162, in light of the two incidents so far with lithium batteries catching on fire. He then talked about the historical landmark that had been there since the 1960s put up by Preferred Equities which a few people had proposed to tear down. Mr. O’Brien said it was an historical landmark which represented Pahrump as well as the citizens’ freedoms and values. He suggested getting rid of the little pond at Lakeview, the one in Mountain Falls, and the one at Terrible’s Lakeside first before taking the fountain out. 3. Reopened Commissioners’IManaqer’s Comments (This item is limited to 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). In response to Jim Petell’s comments, Sheriff McGill advised Mr. Petell walked into a crime scene the other day. He passed by the cones that were laid out on the street blocking traffic. There was no patrol car there to block because coincidentally Sheriff McGill was the only one there with the fire chief and the paramedic. Mr. Petell, fancying himself as a member of the press, walked up to the window of the ambulance with a cell phone in his hand and tried to interfere with them. Sheriff McGill ordered him out of the scene and he complied. Sheriff McGill stated Mr. Petell’s activities lately have become more and more aggressive toward everyone. He confronted Sheriff McGill’s wife in these chambers at Mr. Sutton’s retirement the other day not knowing who she was. Mr. Petell was also pulled over twice on that same day. Animal Shelter Manager Kristy Siegmund provided updates on the activities at the animal shelter including placements and transfers to the SPCA; the fall Bissell Empty the Shelter Event; the recultivation of the relationship with the Bishop and Tonopah veterinarians; and her efforts on making the Pahrump County animal shelter a place that the community could get low cost services. Ms. Siegmund reminded everyone to spay/neuter their pets and to get them microchipped. At Commissioner Strickland’s request, she also talked about the horse attacked by a mountain lion. She did not know what ended up happening with the horse as far as the extent of its injuries or the care it received, but the BLM confirmed they had received a report and they would mark it down. Ms. Siegmund said it was a very active mountain lion in the Shadow Mountain area. She asked people to please watch their children and pets because if it was willing to take down a horse that was very aggressive.

Commissioner Cox

said she intended to stay free and would not take her gun off for anybody. The buildings belonged to the people who had a right to do what they needed to do to protect themselves. The Board could not demand other people take their guns September 17, 2024 - - limited to 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). off because Nevada was an open carry state. She agreed with John O’Brien about the fountain and did not want to see the it torn down as it was the only historical feature in town, but it needed some landscaping put back around it because somebody let it die.

Commissioner Cox

said to Darrell Lackey she put him in touch with the lady for the grants who sent him over to see another person who could help him fill out the forms and he did not show up. He was told he needed to have a town license for his business, which would be no problem except he did not want to get a license. Having a business required a license and if he was not going to do that then he would not follow rules.

Commissioner Jabbour

thanked Kristy Siegmund and her team for what they had done throughout the County. He said he was heading down to Pahrump yesterday and was caught in traffic due to an accident on Highway 95 in Amargosa’s jurisdiction. He thanked the residents of Amargosa and the Commission because just a few months ago they approved a grant for apparatus for the Amargosa Fire Department.

Commissioner Carbone

thanked the veterans services group that came down from the Governor’s Office to provide information and check out the facilities the County provided for services to veterans. Addressing comments made during the public comment period, Commissioner Carbone said the Commissioners understood a lot of folks heard a lot of data that may not be 100% true because people liked to make things up. He said the Commissioners get tired of hearing they were all thieves and corrupt. Regarding the fountain, Commissioner Boskovich said there no reason whatsoever to get rid of it. As far as the shelter, he said they were doing a great job over there, but the problem was mandatory spay/neuter was needed starting in the PRPD.

Commissioner Strickland

said the fairgrounds was a large parcel so it was being taken in 40-acre increments. There would be more on that in December, 2024, to see what the costs would be and what this Commission wanted to do. As to Carolene Logue’s comment about more Commissioners not being at the 9/11 ceremony, Commissioner Strickland said she would have liked to have been at Tim Sutton’s going away. She said the Commissioners were all over the place. She was in Washington, D.C., last week advocating with Congressmen and Senators which was why she was not at the 9/11 ceremony. Commissioner Strickland then reminded everyone the Fall Festival was this weekend. September 17, 2024

Commissioner Strickland

opened the public hearing. Kelli Sater said she wanted to clear up some false information given by Beth Borysewich at the August 20, 2024, Board meeting when she said Wrecking Ball Entertainment no longer had a business license in the Town of Pahrump. Ms. Sater stated she had her State license, which she secured in August, 2023, and her Town of Pahrump license was in January, 2024. Ms. Borysewich also said she did not know Ms. Sater, but Ms. Sater had been to her house on multiple occasions. As to whether it was a real chili cook-off as intimated by Ms. Borysewich, Ms. Sater advised the cook-off was sanctioned through the International Chili Society (ICS) and the competitors who won first place in all categories were sent to compete in the world championship. The chili also did not come in prepared as Ms. Borysewich stated as that would be against the official rules posted on the ICS Web which stated pre-made chili could not be brought in and all chili must be cooked on-site. As to Ms. Borysewich’s comment about how it was supposed to be a chili cook-off in Pahrump put on by Pahrump, Ms. Sater stated this cook-off was started by Ron Frazier, not the Town of Pahrump. Mr. Frazier came to Ms. Sater in 2019 and asked that she take it over. Ms. Borysewich also said the person was not local, but Ms. Sater had been a resident of Pahrump for ten years. She moved away almost a year ago because her father’s six year battle with cancer was coming to an end. After he passed she would return to Nevada to continue her business of hosting events. To the individuals bullying, harassing, and lying about her, Ms. Sater told them if they put as much time and effort into hosting a fundraiser for their community as they put into trying to stop her from doing hers they could do a lot more good in the town. She had never and would never take payment for doing this chili cook-off and the only people who stood to lose were the organizations she was doing this for.

Commissioner Strickland

closed the public hearing.

Commissioner Jabbour

told Ms. Sater her events were well organized. If the Board moved forward he look forward to her putting on another great event for Pahrump and Nye County.

Commissioner Boskovich

told Ms. Sater to just ignore the nastiness from people.

Commissioner Carbone

made a motion to issue the Outdoor Festival License to Wrecking Ball Entertainment for the Chili Cook-Off Festival between March 2 1-23, 2025; seconded by Commissioner Cox; 5 yeas. September 17, 2024

Commissioner Strickland

confirmed with Samantha Tackett that everything was in order. David Boruchowitz, the president of PDOP, said as shown in back-up this was an oversight on PDOP’s part regarding the School District calendar when they made the original application. For the first time in 15 years there were some days off of school that corresponded with the weekend for Pumpkin Days. For both fundraising efforts and to provide a service to those children that were not being schooled, he said the request was to simply extend that original permit to so they could start on Thursday.

Commissioner Strickland

opened and closed the public hearing.

Commissioner Carbone

made a motion to extend the dates for the PDOP event to October 25-27, 2024; seconded by Commissioner Boskovich. Michele Nelson clarified the dates were October 24-27, 2024.

Commissioner Carbone

amended his motion to extend the dates for the PDOP event to October 24-27, 2024; Commissioner Boskovich amended his second; 5 yeas.

Sheriff McGill

said he was bringing this to the Board in hopes of amending the County ordinance to address quality of life and private land owners rights. There had been several instances where people who owned private land had individuals just basically move into their land, create a camp, and sometimes stay there for days, weeks, months, maybe years. Many of the land owners in this area may or may not live there and were unaware that there were individuals living on the property who brought in dilapidated motor homes and travel trailers or lived in tents. There was no control over what was taking place on that land owner’s property such as trash build up and old cars. There were times when land owners received a certified letter from Code Enforcement stating they would be held financially liable if they did not clean up their land. Sheriff McGill September 17, 2024 - — — deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2024-08. said the problem was if the property owner was unaware of the situation then they could not request the Sheriff’s Office to trespass people from their property. He said the goal of this was if an individual was found on vacant property or a property with a vacant building that was not necessarily behind Smiths and The Nugget, the Sheriff’s Office would be allowed to make contact with them. If the person did not have a notarized lease contract signed by the owner of record of the property, the Sheriff’s Office could trespass that person from the property. If the person returned to the property, the Sheriff’s Office could cite the individual to protect that property owner’s interest. Brian Kunzi was present.

Commissioner Boskovich

said this was a great thing that needed to be here a long time ago.

Sheriff McGill

did not think this should only apply to the Pahrump Regional Planning District because if it did those people would pack up from Pahrump and move to

Commissioner Jabbour’s

area in Beatty where it would not apply.

Commissioner Carbone

asked if the Supreme Court gave a ruling. Brian Kunzi said that was what made this possible. The problem was these types of ordinances were always getting struck down, but the Supreme Court recognized the public safety issues specifically tied to this kind of conduct. Planning Director Brett Waggoner said this was an issue that was getting bigger and bigger by the day and it was not just in the concentrated areas. It was right out in the middle of a quarter or half acre lot right amongst houses now. He said he did not want to do anything to possibly stall this moving forward, but he thought some language needed to be worked on. He explained what happened now was it would get addressed on one parcel, they would move to the next door parcel, and Planning chased them all the way down the street. Each time that happened the Code Compliance process started over.

Mr. Kunzi

said it would not be a zoning issue at all. If someone was kicked off of one parcel, it would not be too hard for the Sheriff to keep moving them along. The design of this was to do something besides what could be done through the zoning regulations and it gave a lot more teeth to attack the issue.

Commissioner Strickland

opened the public hearing. Lynn Cartwright talked about things that were happening at the parks. She took her dog to the dog park where people as well as their dogs were aggressive. A dog bit her dog September 17, 2024 - — — deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2024-08. and another dog. The owner of the dog that bit starting choking the owner of the other dog that was bit. She wanted to feel safe enough to go to the parks. Melody Keith said she totally supported this. She asked if it would pertain to squatters on vacant or public lands. Tim Bohannon said he was definitely in favor of this. He said part of the whole solution was working to make sure there was an ability for folks who were capable of working to be able to work as well as housing. He suggested compassionate ministries get in the game and make sure that the folks had alternative sources. Mr. Bohannon expressed his concerns with needles in the park and doing any event at the Ruud Center since there was a stabbing outside on the sidewalk across from the restroom. He wondered what the cost for enforcement would be as well as other economic considerations for s u stainability. Erika Gerling, speaking as a private citizen, expressed her concerns about where the people would go when they were moved off of the private land. She thought property owners deserved these protections. Tonopah Town Manager Joe Westerlund thought everybody in Tonopah supported this and it was long overdue. He was happy about the enforcement as there were travel trailers and vehicles popping up all over the place on mining claims with no water or sewer. He said he supported this. John O’Brien thought this needed a little more bite and should provide the right to evict someone out of the community as well if they were not benefiting the community. Jeff Cotterman said this was really good. He was a land owner and if he had a problem he would want to be able to call the Sheriff so he would not have to deal with things. Jim Petell said this problem had been going on for 27 years. He had a problem right next door to him which was not addressed during the June 26, 2024, call for service. There were numerous trailers, one RV, trash everywhere, noise, and lights at night. He asked the Sheriff to do a safety welfare check on the property next to him as it was a safety hazard to him, his animals, and the surrounding neighbors. Carolene Logue felt it was an economic issue that the community had lived with for a long time. She thought the Sheriff was going in the right direction by making it clearer about what could be done legally. She agreed with Tim Bohannon about having more compassionate ways to deal with people who had behavioral or mental issues as well as those who found themselves, their families, and their children homeless and living in a car, in an old trailer, or living on a piece of land in a tent. September 17, 2024 - — — deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2024-08. Pat Minshall said it sounded like this was only going to take place in Pahrump. This was a Nye County ordinance and as they were pushed out of Pahrump they would go to Beatty and Tonopah. Karen Waldman asked that her written statement be made part of the public record [see Attachment 3]. She expressed her concern with the wording in Section 9.05.115, subsection 4, which stated a person who was accused of unlawful occupancy pursuant to subsection 1, and had been previously convicted two times of unlawful presence on land of another arising from the same set of facts, was presumed to have obtained the residency of the dwelling with the knowledge that any asserted rental agreement was invalid and neither the owner of the private land nor an authorized representative of the owner permitted the residency. She asked if that meant that both of those had to take place in order for this to be enforced. She wondered what would happen to individuals who occupied BLM land because she knew this ordinance was for private land. Ms. Waldman asked if the District Attorney was prepared to prosecute these crimes so this did not perpetuate itself as well as if the Sheriffs Department was prepared to put people in jail and not just issue citations that may or may not be enforced. She thought this was needed, but she wanted to make sure that it was not just words on a page. It must be enforced on all levels because the homelessness would continue unless a strong stand was taken against it. Maryan Hollis said there was an event scheduled the same weekend as the Fall Festival, which was the wrap around event. She had been trying to find out just how many homeless people attended that event. Only a fraction came out of their campsites to access the benefits of the wrap around event, so it seemed to her they did not want the help and needed to go. However, when talking about the need to get people out of here, the Commissioners needed to start thinking about the people that were coming in like newly released prisoners under the guise of educational programs of Nova University. Ms. Hollis wondered why there was not some type of ordinance where the rehab facilities or interim care facilities would have to at least be registered with the County. The people who failed the programs would be out on the street and now she was hearing of another class of homeless called couch surfers. Katherine McKenna advised Nevada Outreach was in the process of starting a homeless shelter, which she hoped would tie in with vagrancy. Right now when they were removed they had no place to go. Ms. McKenna said they were working with several federal agencies, including the BLM, to see where they could place the homeless shelter. She hoped to hear about it in the next few months, and Ms. McKenna would conduct a community-wide meeting to discuss it, including location.

Commissioner Strickland

closed the public hearing. September 17, 2024 - — — deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2024-08. As to BLM land, Sheriff McGill advised the County had no authority to create a law that affected that. Addressing the comments about section 4, he explained A and B was a result of someone having been convicted twice.

Mr. Kunzi

added it was the effect of what happened if someone was found to fall within that classification so A and B apply to them. It was not a violation. It was more the result of the action. Regarding where the people would go, Sheriff McGill said anybody who owned a plot of land in Nye County or in Pahrump who would like to donate that piece of land and build a multi-million dollar shelter was more than welcome to do so as he did not think the County was financially able to do that. Sheriff McGill explained it was not the intent to arrest everybody or cite everybody. The intent was to protect the property values and the interests of the property owners. He then said he thought an amendment was needed.

Mr. Kunzi

said paragraph A needed to be changed to 1.

Mr. Waggoner

said the County did not have authority, but there were laws that protected BLM managed land and they cited people for breaking those laws. That had been part of the issue. They went further up on the hill, got trespassed by BLM, and then came down onto someone’s private property.

Commissioner Carbone

pointed out the ICE prisoners were not released in Pahrump.

Sheriff McGill

said they went to the ICE facility.

Commissioner Jabbour

asked if an arrest would be a misdemeanor or felony, to which

Commissioner Jabbour

said there was a difference between homeless and squatters. Squatters knew the game and it was important that was taken care of.

Commissioner Carbone

made a motion to adopt Bill No. 2024-08, Nye County Title 9, Public Peace, Morals, and Welfare, Chapter 9.5.; seconded by Commissioner Jabbour with the change on page 11 of the letter a to number 1; 5 yeas. The Board was in recess until 2:15 p.m. September 17, 2024

Commissioner Strickland

disclosed she was a real estate broker representing several parties listed in the APNs so she would recuse herself. She said she had received no opposition to the action and believed it would be beneficial to the sellers.

Commissioner Strickland

was not present.

Commissioner Boskovich

assumed the Chair of the Board of County Commissioners. Brett Waggoner said in the latest master plan amendment one of the goals that was adopted was community design to ensure that existing and future land use development plans for Pahrurnp were based on suitable water resources. This area of town was master planned RDR, which was residential, but for whatever reason it was all zoned general commercial, which was why this was brought forward. He advised there were four parcels that fronted Homestead Road which were excluded from this change and left as general commercial.

Commissioner Boskovich

opened the public hearing. Roy Mankins said he had a client who was trying to develop a commercial parcel down there for a small office. The development costs on the property before anything was put on the site was going to be about $125,000.00. He was really glad it was being rezoned because that would be a hole in the valley forever.

Commissioner Boskovich

closed the public hearing.

Commissioner Carbone

made a motion to adopt the conforming zone change for the noted 34 parcels effective October 2, 2024; seconded by Commissioner Jabbour; 4 yeas.

Commissioner Strickland

was present and assumed the Chair of the Board of County Corn m issio ners. September 17, 2024 BOARD OF COMMISSIONERS 15. For Possible Action — Discussion and deliberation regarding: I 5.a. Appointment of an Interim County Manager or the County Manager from the following list of applicants: Brady Adams and Brett Waggoner. 15.b. Establishing methods and manner to hire a new County Manager to include but not limited to consideration to hire from current Nye County employees andlor any other method and manner of recruiting applicants; and establishing such conditions and!or requirements of hire as deemed appropriate. Roy Mankins stated his support of Brett Waggoner. Erika Gerling, speaking as a private individual, stated her support of Mr. Waggoner. She asked if the new person would also be the Pahrump Town Manager. Tamie Pitman asked that her written comments be included in the minutes [see Attachment 4]. Since a County Manager was a key to the success or failure of the County, every effort should be made to hire the best possible candidate, someone with public administration experience and a degree. Based on her 15 years of experience sourcing talent for a very large financial services company, Ms. Pitman said the first step would be to appoint a person or persons (no more than three) tasked to create a comprehensive action oriented job description with a list of requirements and a list of “nice to haves.” The second step would be posting the opening, job description, and requirements on job boards such as Indeed or governmentjobs.com. The third step would be to enlist an agency that specialized in county government executives hires.

Ms. Pitman

offered her assistance in developing a hiring plan. Mark Kampf recommended Brad Adams, but he agreed with Mrs. Pitman that alternatives should be looked at. Alexis Duecker recommended Mr. Waggoner. Kathie McKenna thought Mr. Waggoner was an excellent employee for the County, but she thought there was a huge conflict of interest with Ron Boskovich being a Commissioner. She also believed the County should look outside as well as inside. Karen Waldman asked that her written statement be made part of the public record [see Attachment 5]. She said there was zero information about each of the candidates in the back-up. She asked how long they had worked for Nye County, what their current jobs entailed, and what qualified them to be the interim County Manager. She urged the Commissioners to do a thorough job of finding the best and the right candidate for the job, not just someone who was a convenient choice. Ms. Waldman provided the requirements Mesquite had for its city manager and asked the Commissioners to look through them. Of the two candidates, Ms. Waldman felt Mr. Waggoner was the stronger September 17, 2024 15. Cont’d. - For Possible Action — Discussion and deliberation regarding: 15.a. Appointment of an Interim County Manager or the County Manager from the following list of applicants: Brady Adams and Brett Waggoner. 15.b. Establishing methods and manner to hire a new County Manager to include but not limited to consideration to hire from current Nye County employees and/or any other method and manner of recruiting applicants; and establishing such conditions and/or requirements of hire as deemed appropriate. of the two, but she wondered what would happen to the Planning Department if he was chosen. She said she would rather see the County advertise the position in professional journals as the job paid very well and Ms. Wald man believed decent candidates could be found by an outside search, or even other people who lived in the County who would qualify for the job who were not currently working for the County. Ryan Breeden from Deep Roots Harvest said they were in the process of acquiring the Source Dispensary and were working with the Planning Department under the direction of Director Waggoner. He expressed their support of Mr. Waggoner. John Koenig said previous Boards had horrible ways of picking people from the outside. Those who were hired from the outside the last few years stumbled, fell, and eventually quit because they could not do the job. Most of those people were replaced with people from the inside who knew how business ran in the County and they had been very successful. He felt going outside and spending $250,000.00 or $500,000.00 to find somebody was a waste of money and time as somebody was needed in the office now.

Mr. Koenig

said he had worked with both Mr. Adams and Mr. Waggoner when he was Commissioner, and he had worked with Mr. Waggoner on the RPC for years. He believed Mr. Waggoner would bring more to the table as he had more experience sitting here dealing with everybody in the audience and he was Mr. Koenig’s pick. Suzie Hertz encouraged the Board to open the door of possibilities and look outside of the internal departments for a new person. While it may be rough at the beginning for somebody to learn all of the ins and outs, the payoff in the long run could be substantial and incredible for the County. Ms. Hertz felt someone needed to be hired who had the next level or beyond experience and capabilities that could help carry the County rather than staying with the status quo. Melody Keith said she would like to see the County search for someone who had previous experience, had a fresh approach, and had no allegiances to anybody in town. Maryan Hollis also pointed out there was no back-up for the item. She said she did not know Mr. Adams, but she knew Mr. Waggoner so if she had to choose between the two she would go with what she knew. She felt the back-up should have included the history, education, and experience of the two candidates as well as an updated job September 17, 2024 15. Cont’d. - For Possible Action — Discussion and deliberation regarding: 15.a. Appointment of an Interim County Manager or the County Manager from the following list of applicants: Brady Adams and Brett Waggoner. 15.b. Establishing methods and manner to hire a new County Manager to include but not limited to consideration to hire from current Nye County employees and!or any other method and manner of recruiting applicants; and establishing such conditions andlor requirements of hire as deemed appropriate. description. Ms. Hollis hoped the County would go outside as had been suggested, but in the interim she would support Mr. Waggoner. Linda Clark said she liked Mr. Waggoner. She thought he did a great job and was very knowledgeable. She did not know Mr. Adams. She felt there was too much nepotism in the town. Everybody in every department was related to somebody else. She thought new blood was needed with someone who had some ideas as well as a legal background as Mr. Waggoner was too valuable to his department. Russ Meads thought the County had found some of the best County Managers from within. There were big developments as well as commercial development coming and he did not know if there was enough time to get somebody up to speed from the outside. He felt Mr. Waggoner was a very qualified individual for the position. Mike Smith from Pahrump Valley Disposal expressed their support for Mr. Waggoner. They appreciated his ability to get things done quickly and he was a good communicator as well as a problem solver. Dan Simmons stated his support of Mr. Waggoner. His demeanor, knowledge, work ethic, business experience, and time as the Nye County Planning Director had prepared him to not only assume but to excel in performing the duties of the Nye County Manager. Mr. Simmons then read a letter from Mark Dunford, Vice President of Adaven, stating their support of the permanent appointment of Mr. Waggoner to the position of Nye County Manager. Elizabeth Jordan, a County employee, stated her support of Mr. Adams. He was very dedicated to the job, a great communicator with the entire County, and when there were issues he jumped right on them, even if it was in the middle of the night.

Mr. Adams

provided his background to the Commissioners. He said the Chief Administrative Officer was critical to the County to achieve balance, clear direction, and focus for the future. He recognized the weight of this role as it served the Commission while implementing and managing policies, programs, projects, and staff for the benefit of the public as well as efficient use of the taxpayers money. The person also needed to have good communication skills, the ability to navigate complex personnel and contractual issues, and the ability to maintain strong ethics and good judgment all while September 17, 2024 15. Cont’d. - For Possible Action — Discussion and deliberation regarding: 15.a. Appointment of an Interim County Manager or the County Manager from the following list of applicants: Brady Adams and Brett Waggoner. 15.b. Establishing methods and manner to hire a new County Manager to include but not limited to consideration to hire from current Nye County employees andlor any other method and manner of recruiting applicants; and establishing such conditions and!or requirements of hire as deemed appropriate. keeping the County’s best interests first and foremost. Mr. Adams said in his current role as IT Director much of the nature of the work ran parallel to that of the County Manager role. Due to his 25-year tenure with Nye County, Mr. Adams felt he brought an inherent ability to understand and improve complex and technical issues. However,

Mr. Adams

felt the IT department was not ready for him to leave, as difficult as that was for him to say. He believed right now the department was in one of the most challenging times that it had ever been in.

Commissioner Jabbour

asked Mr. Adams if he was withdrawing.

Mr. Adams

said yes because while he felt like he would be beneficial to the public in the role of County Manager, he also felt the gap that would be left would be challenging. Brett Waggoner provided his background to the Commissioners. He said he cared about the County employees and would protect the County. People knew he could not be bought or persuaded if he felt something was not right, but he would also not just throw roadblocks up in front of everything and see how difficult he could make it. Mr. Waggoner said he was very strict and narrow. He followed the laws and codes because they were there for a reason.

Commissioner Strickland

advised she had received letters of support for Mr. Waggoner from Jan Jensen, Roy Mankins, and Ian Bayne.

Commissioner Jabbour

said he found it interesting there had been no disclosures. He said there was a situation where he had a very strong business and personal relationship with somebody who deals here in Nye County. Due to that that strong relationship, not only did he have to recuse himself from decisions on possible litigation, he was not even allowed in the room during closed session, but the Commissioners were now going to choose a County Manager. Commissioner Jabbour said he was not just talking about a possible conflict of interest. He had to read the NRSs that were brought to his attention and had to concede because he comprehended and agreed that he had a strong personal and business relationship so he could not make a comment and could not be in the room. Commissioner Jabbour said he was not taking anything away from Mr. Waggoner as he had the utmost respect for him, but as a Commissioner he had to follow the guidelines and he wanted to remind the Commission of what he went through. September 17, 2024 15. Cont’d. - For Possible Action — Discussion and deliberation regarding: 15.a. Appointment of an Interim County Manager or the County Manager from the following list of applicants: Brady Adams and Brett Waggoner. I 5.b. Establishing methods and manner to hire a new County Manager to include but not limited to consideration to hire from current Nye County employees and!or any other method and manner of recruiting applicants; and establishing such conditions andlor requirements of hire as deemed appropriate.

Mr. Waggoner

said if there was a conflict, that was his problem. It was his responsibility to disclose and he would be fined for it, not the Commission. He knew Commissioner Jabbour was referring to a Commissioner that Mr. Waggoner was in a very close relationship with for many, many years, but that had not been the case since 2018. Mr. Waggoner did not feel there was anything to disclose as it had been disclosed in political ads and everything else over the years. He did not think it was pertinent today, but if there was a disclosure issue or a potential legal issue he was the one that would have to deal with it.

Commissioner Boskovich

said when this came after Mr. Sutton gave notice he knew this was going to be discussed because Leo Blundo spent $171,000.00 absolutely trying to destroy himself, his daughter, Mr. Waggoner, and anyone else that he felt got in his way. He said the relationship with someone’s significant was not what this was about, and he wondered why he had to explain that to anyone other than the people who elected him. Secondly, Commissioner Boskovich said the minute this came up he went directly to the District Attorney for his opinion, and it was quite clear last week when he decided to double check. He called Ross Armstrong, the Director of the Nevada Commission on Ethics, who said to rely on the District Attorney who was there for the Commissioners to rely on for this exact thing.

Commissioner Carbone

said he had a conversation with Mr. Waggoner as well. He saw it as an issue just based on the many years they had been together since they were teenagers. He wanted to make sure that nobody had the issues with it that

Commissioner Boskovich

said Mr. Waggoner had been Director of Planning for seven years. He brought item after item to the Board for he and the other Commissioners to vote on. If there was nothing else hidden under the surface right here why was that not a problem.

Commissioner Carbone

said he would have liked to have Commissioner Boskovich make disclosures if there were going to be conflicts.

Commissioner Boskovich

asked Commissioner Carbone if he did not have a problem with Mr. Waggoner being the Planning Director why there was a problem with this. September 17, 2024 15. Cont’d. For Possible Action - — Discussion and deliberation regarding: 15.a. Appointment of an Interim County Manager or the County Manager from the following list of applicants: Brady Adams and Brett Waggoner. 15.b. Establishing methods and manner to hire a new County Manager to include but not limited to consideration to hire from current Nye County employees andlor any other method and manner of recruiting applicants; and establishing such conditions and/or requirements of hire as deemed appropriate.

Commissioner Strickland

said the situation was there was a relationship that had expired which was being brought up into the face of this Commission, which was really disappointing because she thought the Commissioners were bigger than that. She talked about nepotism and explained it was allowed in counties of less than 100,000 people. She said there were people in the chambers that she had known her whole life because she was older, but that did not sway her ethics or decision making as she still had to do what was right for the County. Commissioner Strickland said she was very disappointed in the discussion that was being held now because she assumed since there had been a Director and a Commissioner for a year and eight months that there was not an issue here. She apologized to both Commissioner Boskovich and Mr. Waggoner as that was in fact what they were facing, but apparently it needed to be breezed in public.

Commissioner Cox

said her thing from the beginning was this needed to be put out to the public. She would like to see it advertised for at least 30 days like every other job was done to let the public come forward and be interviewed. As long as there was an Interim County Manager that opportunity was available. She could move forward and look for headhunters and advertise it in the newspaper as well as on media.

Commissioner Cox

wanted to see some new blood and new ideas, but she also wanted Lorina Dellinger to stay in the position of County Manager.

Commissioner Strickland

said she asked Mrs. Dellinger if she would take the position and manage from Tonopah and hire an assistant manager in Pahrump and she did not care to do that. She noted the Commissioners went to the outside three separate times and failed badly Treasurer, Clerk, and currently a judge. She asked Mrs. Dellinger in her tenure how many times the County had gone outside for a replacement County Manager and how many times it failed.

Mrs. Dellinger

said each time it failed and she believed it was three times while she was Assistant County Manager.

Commissioner Carbone

told Mr. Waggoner he was a great person, but he wanted to make sure there were no ethics issues. Brian Kunzi said one of his duties was to advise the Commission on ethics issues. He disclosed he had discussions with Commissioner Boskovich, which were privileged. September 17, 2024 15. Cont’cI. - For Possible Action — Discussion and deliberation regarding: 15.a. Appointment of an Interim County Manager or the County Manager from the following list of applicants: Brady Adams and Brett Waggoner. 15.b. Establishing methods and manner to hire a new County Manager to include but not limited to consideration to hire from current Nye County employees and/or any other method and manner of recruiting applicants; and establishing such conditions and/or requirements of hire as deemed appropriate. However, Mr. Kunzi advised he had not been asked to give an ethics opinion and had not examined this situation. He said past relationships could still can be an ethics issue and to simply rely upon the fact that there had been a separation for so many years did not necessarily get to the heart of whether or not it was an ethics issue. Mr. Kunzi said the Board could get an opinion from the Ethics Commission or ask him to do one.

Commissioner Strickland

asked in what circumstance would ethics be breached with a relationship between a County Manager and a County Commissioner as the County Manager worked for the Commissioners directly.

Mr. Kunzi

said one way would be voting on anything that would be a pecuniary benefit to the County Manager. He said he saw the potential, but it had to be determined if the relationship created a close connection. A person with a conflict would not be able to vote on anything that would be a direct pecuniary benefit for that individual.

Commissioner Strickland

said she just recused herself on an item and all of the Commissioners had the same ability to do that.

Mr. Kunzi

said it also reached a different level which was often overlooked. When there were hearings before the Board the County Manager made a lot of recommendations to the Board that might involve other people. If someone challenged what the County Manager recommended, the public had a right to know that the hearing and decision was not done through bias.

Commissioner Carbone

said he would love to get this resolved as he wanted to see someone positioned.

Commissioner Boskovich

said he had been very cautious and careful to not have anything like this. His vision when this first came up was if it looked like this was going to where Mr. Waggoner could potentially be appointed interim, he would have not voted, been involved, or encouraged it not being interim. He would have wanted 90 days to get another opinion from the Nevada Commission on Ethics, which would make two or three now, to make absolutely certain because those could be relied on.

Mr. Kunzi

said there was no question that this issue existed with Mr. Waggoner being Planning Director because the Planning Director brought matters before this Board that September 17, 2024 15. Cont’d. - For Possible Action — Discussion and deliberation regarding: I 5.a. Appointment of an Interim County Manager or the County Manager from the following list of applicants: Brady Adams and Brett Waggoner. 15.b. Establishing methods and manner to hire a new County Manager to include but not limited to consideration to hire from current Nye County employees andlor any other method and manner of recruiting applicants; and establishing such conditions andlor requirements of hire as deemed appropriate. were contested matters. The issue was if the public felt like they were going to be treated fairly in that will this Commissioner be swayed by the close relationship with the person bringing the recommendation. In that situation the Ethics Commission would say the Commissioner should recuse him/herself from that matter. Mr. Kunzi cautioned the Commissioners that when an opinion from the Ethics Commission was received they better scrupulously honor it because if they did not then they had committed a willful violation and Mr. Kunzi guaranteed they would be taken out of office. To avoid potential conflicts and issues, Commissioner Cox suggested leaving Mrs. Dellinger where she was and advertise for the County Manager position. That way there would be no reason to go to the Attorney General or the Ethics Board.

Commissioner Cox

made a motion to recommend part b and not accept part a of the agenda item.

Mr. Kunzi

said that was really not a motion because there was no action provided. Part b was to have a discussion on deciding on the method and manner of going out. If that was what the Board wanted to do then the item could die for lack of a motion.

Commissioner Strickland

commented Mrs. Dellinger would be County Manager in perpetuity if no action was taken today, which was not fair.

Commissioner Cox

said Mrs. Dellinger had staff and Commissioner Cox was only suggesting about six weeks.

Commissioner Strickland

said the County would need to hire a company to find a County Manager.

Mrs. Dellinger

said she had a question and requested a quick break. The Board took a brief recess.

Mrs. Dellinger

stated she had no intentions of applying for the County Manager position. She had agreed in Tim Sutton’s absence to continue and carry on with what they were doing and she would continue her job. If no action was taken today, an appointment could be done later. She did not know if direction was needed right now to pick a September 17, 2024 15. Cont’d. - For Possible Action — Discussion and deliberation regarding: 15.a. Appointment of an Interim County Manager or the County Manager from the following list of applicants: Brady Adams and Brett Waggoner. 15.b. Establishing methods and manner to hire a new County Manager to include but not limited to consideration to hire from current Nye County employees andlor any other method and manner of recruiting applicants; and establishing such conditions and!or requirements of hire as deemed appropriate. specific method because she did not think staff had even come up with that yet, but she could certainly work on something should the Board consider that. Mrs. Dellinger knew there had been discussions about an outside firm. She knew those were expensive and she did not know if it was in the budget, but she would be willing to see if she could get some quotes. However, that would not be done any time soon.

Commissioner Strickland

said she talked with Mr. Kunzi about ethics opinions and he believed it needed to come from the Ethics Commission. If everyone agreed to do that a motion was needed.

Commissioner Boskovich

asked if the Board wanted to appoint someone in the interim while waiting for that opinion.

Commissioner Strickland

made a motion to appoint Brett Waggoner as the interim County Manager with an ethics opinion to be derived from the Ethics Commission initiated by Commissioner Boskovich as to whether or not there were any standing reasons for this to be debatable.

Commissioner Boskovich

asked if there were standing reasons if people would go back to what they were doing before.

Commissioner Strickland

said that would be a determination this Board would need to make. She asked staff to come forward with more direction on b, which Mrs. Dellinger said she could do.

Commissioner Jabbour

asked for a matrix to be in the back-up for the Commissioners and public to look at to make an educated decision.

Commissioner Strickland

withdrew her motion, but she still wanted to have a County Manager in place in Pahrump over the next three months. This item died for lack of a motion. September 17, 2024 SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff McGill

assumed the Chair of the Licensing and Liquor Board. LIQUOR 11. For Possible Action Discussion, deliberation, and direction to staff to consider approving a second extension to the Temporary 90-Day Retail Liquor License for an amount of time determined by the Board, for Champions Bar and Grill located at 2631 5. Linda St, Pahrump, NV. Barry Tassler, applicant. Samantha Tackett advised a temporary liquor license was approved in April, 2024, because the applicant had not completed conditions that were required for formal full approval of the application. She was waiting for the Planning Department’s condition to bring the parking lot up to ADA compliance and Code with respect to lighting and striping. That condition was provided through the business license review in August, 2023, and the applicant had not been able to complete that condition, but he had hired a contractor. The item was before the Board today as his license would expire on September 30, 2024. It was up to the Board if they wanted to provide another extension, which could be any amount of time, but Mrs. Tackett asked the Board to consider the amount of time that this applicant has had to have this work completed. Brett Waggoner said the applicant had not bothered to do anything since 2023 and he did not even bother to call into the meeting, which was the response the Planning Department had gotten.

Sheriff McGill

asked Mrs. Tackett if there was difficulty contacting the applicant.

Mrs. Tackett

said there was no difficulty in contacting him but rather difficulty in getting responses. The applicant did provide a copy of his work agreement with the construction company from June, 2024, but it took a few follow-ups to get that.

Commissioner Carbone

asked what would happen if the Board did not approve this extension.

Mr. Waggoner

stated the approval for the business license would go away as would his liquor license and he could re-apply.

Sheriff McGill

said he would start at square one and any fees that had been paid up to this point were forfeited.

Mrs. Tackett

explained there would have to be a show cause hearing to determine whether the license would be suspended or revoked.

Sheriff McGill

added it could be allowed to expire on September 30, 2024. September 17, 2024 II. Cont’d. For Possible Action Discussion, deliberation, and direction to staff - — to consider approving a second extension to the Temporary 90-Day Retail Liquor License for an amount of time determined by the Board, for Champions Bar and Grill located at 2631 S. Linda St, Pahrump, NV. Barry Tassler, applicant.

Mrs. Tackett

said if the Board did not approve this today he would no longer have a license.

Commissioner Jabbour

said he would not have a problem granting a 90-day extension if the applicant complied as Mrs. Tackett mentioned.

Mrs. Tackett

explained the item was written to be an amount determined by the Board. The applicant currently held a 90-day temporary retail, so it was the pleasure of the Board on how long to extend it.

Sheriff McGill

thought if an extension was granted it should be shorter rather than longer. Brian Kunzi was curious about the reason for any extension because if it expired then he had no license.

Sheriff McGill

asked how long this business had been closed.

Mr. Waggoner

said the place had not been open since before he started with the County. Melody Keith thought the applicant had been given enough time and she disagreed with giving another extension. John O’Brien said the applicant had no intention of complying. He told the Board to let the item die and to not give him an extension. Suzie Hertz also felt the Board should let the item die as there were many people who wanted a liquor license. Public Works Director Tom Boiling pointed out if the Board planned on extending it to October 1, 2024, or for a show cause hearing an agenda item was needed to set that date and time so it would have to go to the second meeting in October, 2024.

Commissioner Strickland

made a motion to extend the liquor license to October 15, 2024, where a show cause hearing would be placed on the agenda; seconded by

Mrs. Tackett

asked if Commissioner Strickland wanted to hold a show cause on October 15, 2024, regardless of whether he had accomplished what was required. September 17, 2024 II. Cont’d. For Possible Action Discussion, deliberation, and direction to staff - — to consider approving a second extension to the Temporary 90-Day Retail Liquor License for an amount of time determined by the Board, for Champions Bar and Grill located at 2631 S. Linda St, Pahrump, NV. Barry Tassler, applicant.

Commissioner Strickland

said she wanted the applicant in front of the Board.

Sheriff McGill

added this license holder had received a temporary as of August 5, 2024, and in the process lost his funding. He had acquired new funding and was attesting that he would be able to complete the work required within the next 90-day extension.

Commissioner Jabbour

made a motion to approve the temporary 90-day extension of the license for Tonopah Foods dba Neighborhood Market; seconded by Commissioner Carbone; 6 yeas.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 14. 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. 14.1. 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 Carbone

made a motion to approve consent agenda items 14.1-14.2; seconded by Commissioner Jabbour; 5 yeas. September 17, 2024 14.2. For Possible Action — Approval to: 14.2.a. Accept the State of Nevada Department of Public Safety, Office of Traffic Safety Operation Freeze (Fatal Reduction Education and Enforcement to Zero Everyday) grant award in the amount of $35,000.00 to provide overtime payroll funding for the Nye County Sheriffs Office participation in traffic enforcement events. There is an in-kind match of $8,750.00 required. 14.2.b. Allow a one-time exception for Sheriff McGill to electronically accept the grant award; and 14.2.c. Fund $35,000.00 to 10340 Grants.

Commissioner Carbone

made a motion to approve consent agenda items 14.1-14.2; seconded by Commissioner Jabbour; 5 yeas. SHERIFF 17. For Possible Action — Discussion and deliberation to: 17.a. Determine Nye County Sheriff’s Office K9 Baz, a narcotics detection dog, is no longer required for public use: 17.b. Surplus K9 Baz due to medical issues: 17.c. Determine it is in the best interest of Nye County to transfer ownershio and medical responsibility of K9 Baz to Detective Eric Anderson pursuant to NRS 332.185; and 17.d. Ratify Sheriff Joseph McGill’s execution of the agreement between the Nye County Sheriffs Office and Detective Eric Anderson for the transfer of ownership of K9 Baz.

Sheriff McGill

said the dog had severe arthritis and was no longer workable. He then apologized for doing this in the wrong manner. The dog had been in the custody of Detective Anderson for about a year and a half. He explained a deputy was leaving his employment and going to another agency. He wanted to take the dog with him claiming the dog was not workable, but he was then going to turn around and work the dog at the other agency. Sheriff McGill chose to circumvent that and retire the dog. He said this was just a recordkeeping issue at this point since it was not done earlier. Tim Bohannon thanked K9 Baz for his service.

Commissioner Carbone

made a motion to ratify Sheriff Joseph McGills’ item to move the dog to the detective; seconded by Commissioner Jabbour; 5 yeas. September 17, 2024 18. For Possible Action — Discussion and deliberation to: 18.a. Determine Nye County Sheriffs Office K9 Loki, a narcotics detection dog, is no longer required for public use; 18.b. Surplus K9 Loki due to medical issues; 18.c. Determine it is in the best interest of Nye County to transfer ownership and medical responsibility of K9 Loki to Deputy Christopher Smith pursuant to NRS 332.185; and 18.d. Ratify Sheriff Joseph McGill’s execution of the agreement between the Nye County Sheriffs Office and Deputy Christopher Smith for the transfer of ownership of K9 Loki.

Sheriff McGill

said this was similar to the last item. K9 Loki was recently diagnosed with a neurological disorder and it was the professional opinion of the veterinarian that the dog should not be worked anymore. The trainers also did not think the dog should be worked anymore as it could lead to financial liability if the dog caused injury to someone due to the neurological disorder. The dog had been in the custody of Deputy Smith since it was obtained by the agency and Deputy Smith would like to continue his relationship with the dog. Tim Bohannon thanked K9 Loki for his service and wished him well in his future care.

Commissioner Carbone

made a motion to ratify the Sheriff’s request to move the animal to the custody of Deputy Christopher Smith; seconded by Commissioner Jabbour; 5 yeas. 19. For Possible Action — Approval to: 19.a. Ratify Sheriff Joseph McGill’s acceptance of the State of Nevada Department of Public Safety, Office of Traffic Safety Joining Forces grant award in the amount of $40,000.00 to provide overtime payroll funding for the Nye County Sheriffs Office participation in traffic enforcement events. There is no match required; and 19.b. Fund to 10340 Grants.

Sheriff McGill

explained agencies throughout the State participated in a joint operation from one end of the State to other or directive patrol in their areas on the same days. This grant helped to fund that by paying for overtime to get additional deputies on the street without affecting his budget.

Commissioner Carbone

asked if there was an urgency that required Sheriff McGill to sign it before coming to the Board.

Sheriff McGill

said there was no urgency and he was not sure why that happened. He would have to go back in his notes and e-mails to determine that. September 17, 2024 19. Cont’d. For Possible Action - — Approval to: I 9.a. Ratify Sheriff Joseph McGill’s acceptance of the State of Nevada Department of Public Safety, Office of Traffic Safety Joining Forces grant award in the amount of $40,000.00 to provide overtime payroll funding for the Nye County Sheriffs Office participation in traffic enforcement events. There is no match required; and 19.b. Fund to 10340 Grants.

Commissioner Carbone

made a motion to ratify Sheriff McGill’s acceptance of the State of Nevada Department of Public Safety, Office of Traffic Safety Joining Forces Grant and fund itto 10340 Grants; seconded by Commissioner Jabbour; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAH RUMP 13. For Possible Action — Discussion and deliberation to: 13.a. Discuss the bid proposals received for TOP Bid No. 2024-01 Justin Leavitt Skate Park Repair Concrete Patchwork; 13.b. Award TOP Bid No. 2024-01 Justin Leavitt Skate Park Repair Concrete Patchwork to Morales Construction Inc in the amount of $238,000.00; Performance Concrete in the amount of $183,104.00; or Steadfast Construction LLC in the amount of $110,487.00; I 3.c. Approve or amend and approve the contract with selected bidder; 13.d. Fund to 10340 Grants and 25401 Pahrump Capital; or 13.e. Reject bids and provide direction to staff on how to proceed with the project. Purchasing and Contracts Administrator Honey Strozzi reviewed the staff report in the back-up. Staff’s recommendation was to award the bid to Performance Concrete LLC in the amount of $183,104.00. Sufficient funds had been budgeted to Grants from a Land and Water Conservation fund and to Pahrump Capital for the match amount. Maryan Hollis said the cracks had been evident since 2016. The first round of bids were rejected and the scope of work was changed because other issues were discovered. The period covered by the grant agreement would end December 31, 2024. Since there was 120 days to finish the project, which would run after that date,

Ms. Hollis

asked if there would be an extension requested. She noted the park had never been closed, although in October, 2023, Pahrump Buildings and Grounds Manager Jimmy Martinez said he would close it due to Commissioner Cox’s concerns about it being a dangerous situation. She felt the liability to the kids and the County was remarkable. Ms. Hollis went to the park yesterday and saw between nine and eleven kids using it. She asked if there would be an effort to close off the park now to limit harm to the kids as well as liability to the County. September 17, 2024 13. Cont’d. - For Possible Action — Discussion and deliberation to: 13.a. Discuss the bid proposals received for TOP Bid No. 2024-01 Justin Leavitt Skate Park Repair Concrete Patchwork; 13.b. Award TOP Bid No. 2024-01 Justin Leavitt Skate Park Repair Concrete Patchwork to Morales Construction Inc in the amount of $238,000.00; Performance Concrete in the amount of $183,104.00; or Steadfast Construction LLC in the amount of $110,487.00; I 3.c. Approve or amend and approve the contract with selected bidder; 13.d. Fund to 10340 Grants and 25401 Pahrump Capital; or 13.e. Reiect bids and provide direction to staff on how to proceed with the proiect. Karen Waldman said her biggest concern was repairing concrete cracks as the repairs did not last. If the County was going to spend this much money she wondered why it was not done correctly from the beginning. Tamie Pitman said she was at a Board meeting in January, 2024, and during public comment a gentleman spoke about how much money was wasted on the lighting for the skate park because after it was installed they discovered that the base was so poorly constructed and the foundation was so substandard that it should be closed. She was completely flummoxed as to why more money was being spent on this. Jimmy Martinez was present via telephone.

Commissioner Strickland

did not think the kids cared what condition the park was in as they needed a place to play. It would have been a shame to take it away from them as there had not been a single incident.

Mr. Martinez

said after the first time the bids were rejected several Commissioners came out and evaluated the area as well as professional contractors. Some crack repairs were made to eliminate the major hazards that were there and areas were blocked off where the kids could not skate.

Commissioner Carbone

referred to the comment made about not being able to repair concrete. He thought there was a method that could be used.

Mr. Martinez

stated it could be repaired. The contractors were professionals and if they could not fix the cracks they would not put it in their bid.

Mrs. Strozzi

acknowledged the grant would expire, however, if awarded she could reach out to the grantor and ask for an extension to utilize the funds.

Commissioner Cox

hoped the contractor was guaranteeing their work. If they were just putting patchwork on it, which the bid talked about, it could crack in six months at which point they could come back and state they were only going to patch it and never said September 17, 2024 13. Cont’d. - For Possible Action — Discussion and deliberation to: 13.a. Discuss the bid proposals received for TOP Bid No. 2024-01 Justin Leavitt Skate Park Repair Concrete Patchwork; 13.b. Award TOP Bid No. 2024-01 Justin Leavitt Skate Park Repair Concrete Patchwork to Morales Construction Inc in the amount of $238,000.00; Performance Concrete in the amount of $183,104.00; or Steadfast Construction LLC in the amount of $110,487.00; 13.c. Approve or amend and approve the contract with selected bidder; 13.d. Fund to 10340 Grants and 25401 Pahrump Capital; or 13.e. Reject bids and provide direction to staff on how to proceed with the project. they would fix it. She thought it was a lot of money to repair cracks. She also thought the project was going to be started over.

Ms. Strozzi

advised a performance and materials bond would be required before any work took place. Due to those she was not certain they could be held responsible for the work they did as she assumed that was what the performance and materials bond was for.

Commissioner Cox

was concerned that it was not bid properly. It needed to be tore out and redone or moved to another location because of the dirt under it.

Commissioner Boskovich

made a motion to award Bid No. 2024-01 to Performance Concrete in the amount of $183,104.00, fund to 10340 Grants and 25410 Pahrump Capital, and reject the low bid from Steadfast Construction LLC; seconded by

Commissioner Carbone

; 4 yeas. Commissioner Cox voted nay. CLERK 16. For Possible Action — Discussion and deliberation to: 16.a. Appoint one member to the Pahrump Regional Planning Commission due to one vacancy from the following list of applicants: Louis Baker, Michael R. Faught, Sally Kerr, William D. Mitchell, John O’Brien, Tamie Pitman, and Gail Zone; andlor 16.b. Readvertise for the appointment. Tamie Pitman stated she would do the work and research, and she would apply the rules and laws. John O’Brien said he was a 36-year resident. He had seen a lot of growth in the community and looked forward to seeing the future growth. He wanted to uphold the laws, rules, and regulations in place to make sure the future development followed and conformed to the plans for the future. September 17, 2024 16. Cont’d. - For Possible Action — Discussion and deliberation to: 16.a. Appoint one member to the Pahrump Regional Planning Commission due to one vacancy from the following list of applicants: Louis Baker, Michael R. Faught, Sally Kerr. William 0. Mitchell. John O’Brien. Tamie Pitman, and Gail Zone; andlor 16.b. Readvertise for the appointment. Sally Kerr said she was a 23-year resident of Pahrump. She lived in Pahrump before the master plan and had the opportunity then to make public comments about how that plan would work for the community. She understood this was a land use board and the idea was that it would be able to take zoning and code compliance issues if they should come, and then land use according to the master plan. Melody Keith stated her support of Mr. O’Brien and that Mrs. Pitman would be her second choice. Maryan Hollis said Commissioner Carbone mentioned at the last round of potential appointments that the number one priority was they had to be in real estate or construction. She thought he needed to expand on those parameters. She then stated her support of Mr. O’Brien. Jeff Cotterman stated his supported of Mr. O’Brien.

Commissioner Carbone

explained that was for an ordinance that talked about specific positions to make the RPC efficient because it gave a balance to the board. Brian Kunzi added the Code required one member from each industry.

Commissioner Carbone

made a motion to appoint John O’Brien to a term ending June, 2026; seconded by Commissioner Jabbour; 5 yeas. FINANCE 20. For Possible Action Report by Helen Bae, Comptroller regarding the budget status for 4th Quarter, Fiscal Year 2024 of Nye County and all sub-entities. Helen Bae gave a report on the budget status for the fourth quarter of FY24 for Nye County and all sub-entities. Tim Bohannon commented on Smoky Valley as well as on funds 10205, 10340, 10401, and 10704. He said there were 27 out of 95 accounts in the Comptroller’s report that had expenditures exceeding revenues and that was something to keep an eye on. September 17, 2024 PLANNING/BUILDING/CODE COMPLIANCE 23. For Possible Action Discussion and deliberation to approve LD-24-13: An amended Final Map for Mountain FaIls Planning Area 5A (F#975992, Recorded February 8, 2022); Revising all fifteen (15) public streets within the interior boundaries of the map into private streets and common element BB as shown on the amended map. William Lyon Homes dba Taylor Morrison and Mountain Falls, LLC Owners. / Rebecca Chiriboga, Taney Engineering Agent I Applicant. - — Assistant Planning Director Steve Osborne said this was a request to amend the final map recorded in 2022. The developer wanted to make this an age-restricted 55+ gated community. All this was doing was changing the public streets in the subdivision to private and then the HOA would do the maintenance and not Nye County. Rebecca Chiriboga was present via telephone to answer any questions. She said they did not have any questions on the conditions.

Commissioner Carbone

said the RPC approved this to move forward and the applicant had agreed to all the conditions.

Commissioner Carbone

made a motion to approve LD-24-6 as written; seconded by

Commissioner Carbone

amended his motion to approve LD-24-13; Commissioner Boskovich amended his second; 5 yeas. 24. For Possible Action Discussion and deliberation to approve LD-24-19: A Tentative Commercial Subdivision Map on two parcels for a total of approximately 3.6 acres, zoned General Commercial with a Master Plan designation of Community Development Area, located at 5941 E. Gamebird Rd., Pahrump, NV and 4976 S. Nevada Highway 160, Pahrump, NV. Assessor’s Parcel Numbers 041 -293-01 and 041 -293-02. Meerkat Holdings, LLC Owners I Juan Mendoza, Kim ley-Horn Agent I Applicant. Steve Osborne said this was for a proposed Circle K convenience store and gas station. The gas station required a conditional use permit, which had already been approved by the RPC, and this was to combine the lots to be able to go forward with the Circle K development. Maryan Hollis asked where exactly this was. Suzie Hertz pointed out there was a Circle K about a mile and a half up the road and there were a plethora of gas stations on Highway 160 a couple miles up the road. She asked the Board to not turn this into a Circle K universe. She was also concerned about creating another traffic problem on an already congested intersection. September 17, 2024 24. Cont’d. - For Possible Action — Discussion and deliberation to approve LD-24- 19. Linda Clark wondered how much more the Commissioners were going to shove behind Mountain Falls. She felt there were other places in town that something could be done with besides destroying all of the land behind Mountain Falls. She also wondered why another gas station was needed. Ms. Clark thought the Board should say no to this. Juan Mendoza, appearing on behalf of the applicant/owner, explained the idea was to combine the two lots to do a one lot commercial subdivision to develop the Circle K convenience store with fuel pumps and he displayed a larger map for the public. The site was located at the southwest corner of Gamebird Road and Highway 160. He pointed out staff recommended approval and stated they accepted all of the conditions.

Mr. Mendoza

said they did have a question on special condition 25, which stated they needed to dedicate to Nye County 30 feet for the southern boundary along the entire length of the parcel, but it did not specify what the County wanted it for. Mr. Mendoza said they were not proposing to build anything in that 30 feet.

Commissioner Strickland

noted members of the public had talked in opposition to Circle K, but she felt the Commissioners needed to allow a free market to developers unless it would be detrimental. She did not see that this was detrimental to the public. Tom BoIling said the 30-foot easement was for a utility easement only.

Commissioner Strickland

asked Mr. Mendoza if he was ready to accept the conditions as written, to which Mr. Mendoza responded yes.

Commissioner Jabbour

asked if a feasibility study had been done on this area.

Mr. Mendoza

said it was done and it was favorable.

Commissioner Carbone

said there was a reason why this site was chosen and in the study it was said it was important to be there. He asked if that was true.

Mr. Mendoza

said one of the reasons was because the gas station would be heading out toward all of the population going toward Las Vegas. He pointed out this one would also have high speed diesel pumps.

Commissioner Carbone

asked if they had looked at anything for EV5.

Mr. Mendoza

said there was a potential for an EV upgrade, which was part of the feasibility study.

Commissioner Carbone

made a motion to approved LD-24-19 as written; seconded by

Commissioner Cox

; 5 yeas. September 17, 2024 21. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect Nye County Resolution No. 2024-25: A Resolution to Continue with a Temporary Moratorium on Renewable Energy Generation Facilities. Steve Osborne said the ordinance was almost ready to come before the Board. The current moratorium would expire on September 21, 2024, which was why staff was asking for an additional 90 days to get through the public hearing process and get the ordinance adopted. Linda Clark did not understand why all of Pahrump valley had to have solar fields. Erika Gerling said protest of the PDE draft programmatic environmental impact statement was out for 30 days. The Beatty Town Advisory Board was writing a protest letter and would consider other actions on Monday.

Commissioner Boskovich

made a motion to adopt Nye County Resolution No. 2024-25 for a period ending December 21, 2024; seconded by Commissioner Carbone; 5 yeas. 22. For Possible Action Discussion and deliberation to approve LD-24-6: A Final IndustriallCommercial Subdivision Map to allow an industrial commercial subdivision on four parcels for a total of approximately 83.15 acres zoned Heavy Industrial (HI), located at 6621 E. Chromium Blvd., 6691 E. Chromium Blvd., 6811 E. Chromium Blvd., and 6931 E. Chromium Blvd., Pahrump NV. Assessor’s Parcel Numbers 047-021-26, 25, 24, and 23. Wulfco, LLC Owners. Russ Meads Double - - M Construction, Agent I Applicant. Steve Osborne explained this was a map to combine the four lots into one commercial industrial subdivision lot. This was the location of the Ares energy storage test facility. The tentative map for this was approved by the Board on January 19, 2024, and this was the final map.

Commissioner Strickland

wondered what it was going to be used for. Russ Meads said this was currently operating as a gravel pit. The Ares project was a three-phase growth project. The original piece would be a parcel that they needed an address for in order to make their investors feel like it was a legitimate project. The next two parcels as it grew would be the reason for the subdivision map so they could continue without going back and amending or creating a parcel map each individual time.

Commissioner Carbone

made a motion to approve LD-24-6 as written; seconded by

Commissioner Boskovich

; 5 yeas. September 17, 2024 PUBLIC WORKS 25. For Possible Action Presentation by Bryan Wuifenstein, with Wuifenstein Construction Company Incorporated regarding alternative methods for constructing roadways. (5-minute time limit) Bryan Wulfenstein gave a presentation on full-depth reclamation and cement treated base, which were alternative methods for constructing roadways. Tom Boiling said other locales were going to these methods to prevent an interruption in traffic and safety factors. Tim Bohannon thought it was really important to know the cost per mile savings for either of the methods. Suzie Hertz asked what the life structure of this process in the Pahrump poof was as well as what the viability and survivability of it in desert temperatures was. John O’Brien said all of the roads had failed because of the substrate. If either method would save money and make quality roads it would make the citizens a lot happier. He suggested testing a section somewhere to see how fast it could get done.

Commissioner Carbone

directed staff to look at options to go outside of the County for a County Manager. ______________day September 17, 2024

Commissioner Strickland

adjourned the meeting. APPROVED this ATTEST: Of ,2025. NyeCopty Nye County Board of County Commissioners 2100 E. Walt Williams Dr., Ste. 100 Pahrump, NV 89048 September 17, 2024 Dear Commissioners: Every “successful” community has its own strengths and weaknesses, but they all share some common characteristics. It’s clear for example that successful communities involve a broad cross-section of residents in determining and planning for the future. We contend that the businesses and key stakeholders in Nye County, and specifically the Pahrurnp Valley, want a vision for what the Pahrump Valley can be in 5, 10 or 20 years and a sustainable path to a more prosperous future. And we contend that this path begins through open and transparent conversations with front line business leaders, experts, agencies, and the Chamber. This was key to why the Pahrump Valley Chamber of Commerce came before you on two separate occasions asking this Commission to consider and support the creation of the Pahrump Economic and Business Development Task Force. We did in good faith and in an amicable manner ask for this body to work with the Chamber and the business community in order to assure a mutually beneficial open and transparent dialogue and planning process. Imagine our disappointment to hear from the former County Manager, “no Commissioner has expressed interest in the proposed task force”. We believe strongly in the importance of collaborating and communicating in order to achieve the business communities’ overall business goals and priorities. It was, and still is our hope that our request for open and collaborative communications would be welcomed in order to assist in the implementation of a successful long-term economic and business development direction. Please allow me to reiterate, the importance of open communications and transparency. I think we can agree that transparency is the principle of allowing those affected by administrative decisions to know about the resulting facts and figures as well as the process that resulted in important and economically impactful decisions. Transparent governance means that government officials act openly, keeping the citizens informed of the decisions officials are making. And most relevant, it makes information available to effected stakeholders both internal and external. And it should also be noted that transparency includes procedural due process. The concept of due process includes the principle that government actions must be fair and follow established legal procedures, which would encompass adhering to laws regarding transparency in PiIi riiiiip VtI e (han Ier ot C nerce - ATTACHMENT I I S. FIv I 60. 2nd Floor. Ehrnmp. NV 80Ul 775.727.58()() www.pahruiupchainher.coiii financial matters, particularly if they significantly impair a business’s ability to operate or make informed decisions or if they negatively impact business and economic development. You may not be aware that there are specific laws in Nevada outlining the procedures for government entities to follow when making financial decisions that impact businesses and economic development, particularly those which impose a direct or significant economic burden on businesses. Examples of recent actions and decisions of concern are those relevant to Business Impact Fees and possible changes to policy regarding water allocations/ratios which might significantly impact this community and businesses. To that effect, I would like to provide this reminder to the Commission that on May 31, 2023 Governor Joe Lombardo did sign into law SB261 (effective October of 2023), which revises the provisions relating to local governments and NRS 23 7.080 (see attachment). Specifically, I would like to call attention to Sec. 4. of NRS 237.080 which reads as follows: 237.080 1. Before a governing body of a local government adopts a proposed rule, the governing body or its designee must make a concerted effort to determine whether the proposed rule will impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business. The governing body of a local government or its designee must notify chambers of commerce, trade associations or owners and officers of businesses which are likely to be affected by the proposed rule that they may submit data or arguments to the governing body or its designee as to whether the proposed rule will: (a) Impose a direct and significant economic burden upon a business; or (b) Directly restrict the formation, operation or expansion of a business. I am sure you can agree that any local governmental body making decisions which potentially impact businesses, economic and business development and which might impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business should adhere to the required processes stipulated in the amended NRS 23 7.140. In addition, you should also be aware that under the provisions as stated in Sec. 6: Any action of the governing body of a local government to adopt a proposed rule in violation of the provisions of NRS 237.030 to 237.150, inclusive, is void, including, without limitation, if the governing body does not comply with the provisions of subsection 3 of NRS 237.100. One of the most effective transparency strategies is building diversity of voice and representation into a systemor process by making it a standard or required practice. This is why I will today once again encourage this commission to reconsider their decision as relayed to the Chamber to establish and support the formation of the Pahrump Economic and Business Development Task Force. We believe that this task force will help implement a more effective process for planning, information sharing, and communication between the Chamber of Commerce and businesses, as together we work to help build and ensure the future success of businesses, and to bring about an effective long-term strategy for business and economic development in Nye County and the Pabrump Valley. Sincerely, inney Sartin Chief Executive Officer CC: County Mgr. 2 Senate Bill No. 261—Senator Neal CHAPTER AN ACT relating to local governments; revising the definitions of the terms “business” and “local government” for purposes of provisions relating to the adoption of rules by local governments that affect businesses; revising the notice requirements relating to the adoption of such rules; requiring the governing body of a local government to hold a workshop before the adoption of such rules in certain circumstances; revising the requirements for a business impact statement; revising provisions relating to when an action of the governing body of a local government to adopt rules that affect local governments is void; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires that before a governing body of a local government adopts a proposed rule that is likely to impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business, the governing body or its designee must notify trade associations or owners and officers of businesses likely to be affected by the rule. (NRS 237.080) Section 4 of this bill requires a governing body of a local government to also notify chambers of commerce of any such proposed rule. Section 4 requires that the notification of chambers of commerce and associations includes notice by electronic mail when an address is provided. Section 4 also requires a governing body of a local government to maintain an electronic mailing list of local chambers of commerce, trade associations and owners and officers of businesses and to update the list not later than January 31 of each year. Section 4 further requires, that a governing body of a local government hold a workshop to solicit comments from persons on one or more general topics to be addressed in a proposed rule upon the timely request of two or more local chambers of commerce or trade associations, or any combination thereof. Existing law requires that if a proposed rule is determined to likely impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business, the governing body or its designee must prepare a business impact statement which must be considered by the governing body at a public meeting held at least 10 calendar days before the meeting held to adopt the proposed rule. (NRS 237.080, 237.090) Section 5 of this bill requires that the business impact statement include: (1) the total number of businesses likely to be affected by the proposed rule; (2) a list of the chambers of commerce and trade associations notified of the proposed rule pursuant to section 4; and (3) a summary of any workshop held pursuant to section 4. Existing law provides that any action of the governing body of a local government to adopt a proposed rule in violation of certain provisions of the Nevada Revised Statutes is void. (NRS 237.140) Section 6 of this bill clarifies that any such action is void if the governing body does not, under certain circumstances: (I) determine whether a petition objecting to a rule has merit; or (2) take action to readopt or amend the rule to which a business has objected. (NRS 237.100) Section 1 of this bill revises the definition of “business” to mean any trade or occupation conducted for profit, regardless of whether the trade or occupation is a 82nd Session (2023) —2— small business. Section 2 of this bill revises the definition of “local government” to include a quasi-municipal agency, a special improvement district, a municipal utility and a regional transportation commission. EXPLANATION — Matter in huldr’,l IuIjrs is new, matter between brackets omitted niniermif is material tobe omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 237.040 is hereby amended to read as follows: 237.040 1. “Business” means fa4 any trade or occupation conducted for profit H , regardless of whether the trade or ocdu,)at Wit Is (1 ShUt!! business. 2. As used in tills section, “5,11(1/i business” has tilL’ illeaning ascribed to it in NRS 233!). (1382. Sec. 2. NRS 237.050 is hereby amended to read as follows: 237.050 “Local government” means a political subdivision of this State H or a quasi—niunicipal agL’ncy, fiii.e4t+d1.ii-g-j and includes, without limitation, a city, county, [heahh district,J irrigation district, local health district, mimic/pal utility, regional tranportatioll commission, special improvement dislrwt, water district or water conservancy district. Sec. 3. (Deleted by amendment.) Sec. 4. NRS 237.080 is hereby amended to read as follows: 23 7.080 1. Before a governing body of a local government adopts a proposed rule, the governing body or its designee must make a concerted effort to determine whether the proposed rule will impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business. The governing body of a local government or its designee must notify chambers oJ’ commerce, trade associations or owners and officers of businesses which are likely to be affected by the proposed rule that they may submit data or arguments to the governing body or its designee as to whether the proposed rule will: (a) Impose a direct and significant economic burden upon a business; or (b) Directly restrict the formation, operation or expansion of a bus i ness. Notification provided pursuant to this subsection must include the date by which the data or arguments must be received by the governing body or its designee, which must be at least 15 working days after the notification is sent. 2. After the period for submitting data or arguments specified in the notification provided pursuant to subsection 1 has expired H 82nd Session (2023) —3— and, if applicable, after a works/top held pursuant to subsection 5, the governing body or its designee shall determine whether the proposed rule is likely to: (a) Impose a direct and significant economic burden upon a business; or (b) Directly restrict the formation, operation or expansion of a bus i ness. If no data or arguments were submitted pursuant to subsection 1, the governing body or its designee shall make its determination based on any information available to the governing body or its designee. 3. If the governing body or its designee determines pursuant to subsection 2 that a proposed rule is likely to impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business, the governing body or its designee shall consider methods to reduce the impact of the proposed rule on businesses, including, without limitation: (a) Simplifying the proposed rule; (b) Establishing different standards of compliance for a business; and (c) Modifying a fee or fine set forth in the rule so that a business is authorized to pay a lower fee or fine. 4. After making a determination pursuant to subsection 2, the governing body or its designee shall prepare a business impact statement. 5. A governing body of a local government shall hold a workshop to solicit comments front persons on one or more general topics to be addressed iii a proposed rule if two or more local chambers of commerce or trade associations, or ani’ combination thereof submit a request for the’ holding qf a workshop ott the proposed rule to the governing body on or befire the date by which data or arguments must be received on the proposed rule as specfied in the ‘tot (fication provided pursuant to subsection 1. The governing body or its designee must notify chambers of commerce, trade associations or owners and officers of businesses which are likely to he affected by the proposed rule of i/ic date, lime and location oft/ic works/top. 6. The governing body of a local government shall maintain an electronic mailing list of chanibers of comnwrce, trade associations and owners and officers of businesses. The electronic nialling list niust be updated on or before January 31 of each year. The governing body of a local government must provide notfication pursuant to this section to each chamber of coninterce 82nd Session (2023) —4— aizd trade associatioli by electronic ititil! regardless of whethc’r the chamber of coinnierce or trade association has requested tluit it be placc’d on the electronic mailing list. Nothing in this section prohibits the gm’erlung l)Ody froni (i/SO prm’iduig 1101 ifiC(itiOIi pursuant to this’ SeCtioll hj’ mail. Sec. 5. NRS 237.090 is hereby amended to read as follows: 237.090 1. A business impact statement prepared pursuant to NRS 237.080 must be considered by the governing body at a public meeting held at least 10 calendar days before the public meeting of the governing body held to adopt the proposed rule. The business impact statement must set forth the following information: (a) A description of the manner in which comment was solicited from affected businesses, a summary of their response and an explanation of the manner in which other interested persons may obtain a copy of the summary. (b) The total numiiber of’ businesses like/i’ to 1e afj’cted by the proposed rule. (e) A list of’ the chambers of commerce and trade as,s’ociatiomis iioti/ied oft/ic proposed rule pursuant to NRS 237.080. (d) A xiim,imiiar.’ of any workshop held jursiuimii to NRS 237.080. j+b+t (e,) The estimated economic effect of the proposed rule on the businesses which it is to regulate I including.I The 5t(ltL’IflL’llt . of’c’.s’tiniated economic ef/t’ct lutist include, without limitation: (1) Both adverse and beneficial effects; and (2) Both direct and indirect effects. l--)-f U) A description of the methods that the governing body of the local government or its designee considered to reduce the impact of the proposed rule on businesses and a statement regarding whether the governing body or its designee actually used any of those methods. 1*d)+ (‘g,) The estimated cost to the local government for enforcement of the proposed rule. I-(-e-*f (hi) If the proposed rule provides a new fee or increases an existing fee, the total annual amount the local government expects to collect and the manner in which the money will be used. f-f-4 “i,) If the proposed rule includes provisions which duplicate or are more stringent than federal, state or local standards regulating the same activity, an explanation of why such duplicative or more stringent provisions are necessary. ff-g)J ‘j,) The reasons for the conclusions regarding the impact of the proposed rule on businesses. 82nd Session (2023) —5— 2. The county manager, city manager or other chief executive officer for the governing body of a local government shall sign the business impact statement certifying that, to the best of his or her knowledge or belief, the information contained in the statement was prepared properly and is accurate. 3. The governing body of a local government shall not include the consideration of a business impact statement on the agenda for a public meeting unless the statement has been prepared and is available for public inspection at the time the agenda is first posted. Sec. 6. NRS 237.140 is hereby amended to read as follows: 237.140 Any action of the governing body of a local government to adopt a proposed rule in violation of the provisions of NRS 237.030 to 237.150, inclusive, is void H , including, without limitation, if the governing body does not comply wit/i the provisions of subsection 3 of NRS 237.100. Sec. 7. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act. 20 ——-—— 23 82nd Session (2023) I AM REQUESTING THIS BE MADE PART OFTHE PUBLIC RECORD. In looking at the Treasurer’s reports, I am trying to understand why there is such a big delay in having these figures available. I reconcile my bank statements each month. Granted, I don’t have the large number of activity that the county has, but it’s a decently simple process I have a starting balance. Additional deposits are made from money coming in, and debits are made from money coming out. I balance my statements with my accounts. If I have been accurate in all of my activity, I shouldn’t have any discrepancies. Using a financial program should alleviate mistakes, but that would depend on who is doing the data entry and if they are being careful with all of their entries. I understand we can all make mistakes, but at what point is this being monitored to avoid these? Some of these reports encompass all the way back to June. That’s over two months ago. It seems like there shouldn’t be such a large gap in time between the time that the bank statements are received and the reconciliation is completed and ready for the taxpayers to see. I am also concerned about the various entries that say, “out of balance,” “carried in error,” “dupLicate receipting,” “corrections,” “voided and reissued in error,” etc. Where are the safeguards to avoid all of this? How often is this happening? Are there other incidents that aren’t caught or discovered? What is “cash in hands of others” referring to for the Lakeview golf course? Who are the “others,” and why is the cash in their hands? One of these was from March of 2024— six months ago! What is the Vendor account, “SON — child support,” and whose child or children is this going to? I thinkwe can do much betterthan this. It certainly makes one question if all our money is being handled correctly by the Treasurer, and if not, what is the plan to get the accounting corrected and transparentforyourtaxpayers? As a side note, I’d like to see a list of all of the individual receipts paid to vendors and who the receipts benefitted, especially from the grants. How many payments are made to individuals that are for living expenses or other items that should be spent for the intended targets of the grants, not the consultants, grifters, and employees? This isn’t the personal piggybank of certain individuals to take advantage of something. This is OUR money. We are watching. Karen Waldman. BOCC meeting 091724. Agenda item #6 ATTACHMENT 2 I AM REQUESTING THIS BE MADE PART OFTHE PUBLIC RECORD. lam concerned aboutthewordingin 9.05.115, section4. “. A person who is accused of unlawful occupancy pursuant to subsection iand has been previously convicted two (2) times of Unlawful Presence on Land of Another arising from the same set of facts is presumed to have obtained residency of the dwellin. with the knowledge that: (a) Any asserted rental agreement is invalid; and (b) Neither the owner of the private land nor an authorized representative of the owner permitted the residency.” Does this mean that BOTH of these have to take place in order for this to be enforced? What if the owner of the private [and or an authorized representative of the owner didn’t permit the residency, but there is NO invalid rentaL agreement? AdditionaLly, what happens for individuals who are occupying BLM [and? Are the same ordinances in effect since this isn’t private [and? Is the DA prepared to prosecute these crimes so this doesn’t perpetuate itself, and is the Sheriff’s department prepared to put people in jail and not just issue citations that may or may not be enforced? I think this is needed. Ijust want to make sure that it’s not just words on a page for an additional ordinance. It must be enforced on all levels, because the homelessness will continue unless you take a strong stand against it. The homeless come from many sources, including ICE prisoners released from our jailfor various reasons that you don’t have a say in. I applaud Sheriff McGill for taking the steps to get this in place. Let’s make sure it’s accurate and enforceable on all levels. Karen Waldman. BOCC meeting 091724. Agenda Item 9 ATTACHMENT 3 To be added to the minutes As a County Manager is key to the success or failure of the county, every effort should be made to hire the best possible candidate. Having spent my last 15 years sourcing talent for a very large financial services companyl have intimate knowledge of the process and tools needed. A first step would be a point person or persons (no more that 3) should be tasked with creating a comprehensive, action-oriented job description with a list of requirements and a list of ‘nice to haves’ as well as be the first step in reviewing resumes of potential candidates. The second step would be posting the opening / job description / requirements on job boards such as: Indeed and Governmentiobs.com. These will come with a fee which varies by number of employees (smaller employers get a break) length of time (plan on at least 3 months), and advertising mediums the board offers. Some boards have news letters they send out to members, pop up ads on web browsers, newspaper / industry magazine affiliation etc. The third step would be to enlist an agency that specializes in the county government executive hires. In a quick search I found two that are west coast based: Korn Ferry & Robert Half. Yes, agency hires come at a cost but the cost can be worth it and with savvy negotiation at the onset, the cost can be managed. Contract negotiation is key and I would be happy to provide tips / pointers. Beyond the contract, communication with the assigned recruiter can also play a very important role in the success or failure of the hired candidate. The Agency must be given a solid job description and a detailed picture of the challenges the selected candidate would face. What they nt need, but will take advantage of if you provide it, are personal details of the team. They will often coach the candidate on the preferences and background of the interview team so as to build rapport. This can have a disastrous effect, the individual who interviewed so well and seemed like a perfect fit will end up being a huge disappointment 3 to 6 months down the road. Three minutes is not enough time to flesh out a hiring plan) would be willing to provide more detail at a later date. Tamie Pitman ATTACHMENT 4 I AM REQUESTING THIS TO BE PART OF THE PUBLIC RECORD. I noticed that there was ZERO information about each of the interim candidates in the backup how long they have worked for Nye County, what their current jobs entail, or what qualifies them to be the interim County Manager? In your selection process of hiring a new County Manager, I urge you to do a thorough job of finding the BEST and RIGHT candidate for the job, not just someone who is a convenient choice. As you know, this person is responsible for many things that are tantamount to our county’s success. You simply cannot select someone who doesn’t possess the necessary tools to carry out the countless tasks of the County Manager. I am enclosing the recent requirements for a City Manager for Mesquite, Nevada. Please look at all the qualifications that are required to hold that job and this is for a town of about 22,000 residents. During one of your meetings, it was said that you “don’t pick stupid people” for the jobs. Certainly, I am not saying that. Instead, I am urging you to take the time to do a search that will produce quality candidates to choose from. It’s time we get our county on the right track with the right leadership, even if it takes longer for the search to find the right person for the job. Please do not sell our county short by using internal options that aren’t the best fit for the job. Please take the time to look through the requirements that Mesquite has for its position of City Manager. When you are looking to create the proper job description and requirements for this position, I trust that you can find things in this document that can be incorporated into the needs for a Nye County Manager. Of the two interim candidates, Brett would be the stronger of the two and know more about the inner workings of the county. What wiLL happen to the Planning Department if Brett is chosen as the interim County Manager? Would that leave an opening at the Planning Department? How long is the interim period? The Planning Director position also requires a skill set not easily learned - someone with the history of the county and who will do a better job at keeping these wolves at bay that have been edging in. (Especially from California.) ATTACHMENT 5 1 I’m still extremely angry and disappointed about the MediWaste situation. This needs to be resolved and have the approval rescinded. IMHO, Brett did a horrible job with that and if that’s how he would handle county business, we would be in a lot of trouble. That doesn’t define all of Brett’s work, but it certainly is one of the projects that should have NEVER been approved, and that needed much more scrutiny. I’d rather see you advertise the position in professional journals. The job pays very well, and I believe you could get some decent candidates from an outside search. Or even other people who live here that would qualify for the job that aren’t currently working for the county. Karen Waldman BOCC meeting 091724. Agenda Item 15 2 Job Bulletin 5/6/24, 09:25 Mesquite City of Mesquite (NV) TheCilvofMeqeiteñui Equal Opportunity Emplocer City Manager SALARY $160,000.00 - $180,000.00 Annually LOCATION Mesquite, NV JOB TYPE Full Time JOB NUMBER 00277 DEPARTM ENT City Manager DIVISION Administration OPENING DATE 02/21/2024 CLOSING DATE Continuous Description OPEN UNTIL FILLED First review of application and resume on March 24, 2024. Job descriptions/specifications are intended to indicate the essential functions and levels of work difficulty of the position and are not intended to describe in detail all of the position’s specific duties and responsibilities nor exclude other duties of similar level or difficulty Additionally, it/s not intended to limit management’s rights to assign, direct, and control the work of employees under their supervision. DEFINITION Serves as the Chief Executive Officer (CEO) of the City of Mesquite with oversight of all City departments, except those where the department head is directly responsible to the City Council; coordinates City activities with other outside agencies and organizations; provides highly responsible and complex administrative support to the Mayor and City Council; receives policy direction from the Mayor and City Council. Serves at the pleasure of Mayor and City Council. Examples of Duties ESSENTIAL JOB FUNCTIONS AND RESPONSIBILITIES (Essential functions are those functions that the individual who holds the position must be able to perform unaided or with the assistance of reasonable accommodation.) 1. Serve as a representative of the City of Mesquite, demonstrating a positive attitude and progressive actions through the display of professionalism, courtesy, and appropriate tact and discretion in all interactions with other employees and with the public. 2. Manage overall operations of the City through subordinates; plan, direct, manage, and review all City operations; recommend and administer broad policies and procedures. 3. Develop plans and implement goals and objectives for the City; recommend and administer policies and procedures; research Mayor/City Council requests regarding policy; prepare and submit recommendations. 4. Provide highly responsible and complex policy analysis and administrative assistance to the Mayor and City Council; direct the preparation of comprehensive analyses and reports covering a wide variety of municipal issues; prepare https://www.governmentiobs.comfcareers/mesquitenv/jobslnewprint/4400314 Page 1 of 6 ,joo euiieun DiD/L’4, and present pokcy proposals, staff reports, and other necessary documentation for review and adoption by the City Council; update the Mayor/City Council in the status of various projects. 5. Keep the Mayor and City Council fully advised as to the operations, financial conditions, and needs of the City. 6. Oversee the development of the annual City budget in accordance with Mayor and City Council directives; monitor monthly expenditures and report significant variances to the Mayor/City Council; develop alternate revenue sources for Mayor/City Council projects; oversee the implementation of Mayor/City Council goals and objectives. 7. Select management, professional and support staff, and ensures effective morale, productivity, and discipline; plan, organize, administer, review, and evaluate the activities and performance of staff directly and through subordinate managers; work with staff to establish work priorities and schedules; encourage and provide for staff training and professional development; interpret City policies and procedures for staff; prepare and conduct formal performance evaluations; work with employees to develop short and long term goals; monitor accomplishments, establish performance requirements, and personal development; target and provide coaching for performance improvement and development. 8. Continuously monitor and evaluate the efficiency and effectiveness of the City’s organizational structure, staffing patterns, service levels, and administrative systems and implement improvements. 9. Serve as liaison between the City and other cities, counties, elected officials, and outside agencies; explain and justify City programs, policies, and activities; negotiate and resolve significant and controversial issues. 10. Provide leadership in promoting sustainable, environmentally sensitive development and operations in the community and the department; provide direction regarding City-wide organizational development programs. 11. Provide leadership in developing a culture that values people and their differences and is free from inequities and barriers to allow people to reach their full potential: participates in employee meetings to assess organizational climate and employee attitudes. 12. Direct, oversee and participate in the development of the City’s work plan; assign work projects and programs; monitor workflow; review and evaluate work product, methods, and procedures. 13. Ensure that all terms or conditions imposed in favor of the City or the residents of the City in any contract, franchise, lease, or permit are faithfully kept and performed, and upon obtaining knowledge of any violation thereof, notify the City Council of such a violation. 14. If authorized by the provisions of the City’s Charter or an ordinance or resolution, sign all contracts, franchises, leases, permits or other documents that do not require approval of the City Council; execute on behalf of the City all contracts, franchises, leases, permits, or other documents required to be executed by an officer of the City. 15. In conjunction with Mayor and City Council and assigned staff negotiate contracts and solutions involving a variety of administrative, fiscal, and special projects. 16. Participate in the preparation of program or special project budgets. 17. Participate on a variety of boards and commissions; attend and participate in professional group meetings: stay abreast of new trends and innovations in the field of public administration. 18. Respond to citizen inquiries and resolve difficult and sensitive complaints; assign departments to handle and resolve citizen complaints and concerns in a timely manner. 19. Attend all regular and special meetings of the City Council and participate in the discussion of any matters pending before the City Council. 20. Follow all applicable safety rules and regulations. 21. Perform such other duties as may be prescribed by the City Council. 22. Protect confidential information by preventing unauthorized release, both verbal and/or in writing. Typical Qualifications QUALIFICATIONS The degree of knowledge and ability as outlined under this section is that which is necessary to satisfactorily perform the essential functions of this position. KnowIedg https://www.governmentjobs.comlcareers/mesquitenvjjobs/newprint/4400314 Page 2 of 6 Job Butlebn 5/6/24, 09:25 • Modern municipal administrative methods and procedures, organizations, and functions. • Current social, political, and economic trends and operating problems of municipal government. • Municipal finance and fund accounting. • Applicable federal and state laws, rules, and regulations regarding local government operations. • Principles of effective public relations and interrelationship with community groups and agencies. • Private business and firms and other levels of government. Abilityj • Provide effective leadership and coordinate the activities of a large full service municipal organization. • Analyze, interpret, summarize, and present administrative and technical information and data in an effective manner. • Appraise situations and people accurately and quickly and adopt effective course of action. • Serve effectively as the administrative agent of the City Council. • Select, supervise, train, and evaluate staff. • Work non-standard hours such as evenings, weekends, and holidays. perience,Education, and Training: Any equivalent combination of training, education, and experience which provides the individual with the required knowledge, skills, and abilities to perform thejob. A typical way to obtain the required knowledge and abilities would be: Education: Master’s degree in public administration (MPA) or related field. perience: Eight years (8) of experience in municipal administration, including five (5) years’ experience as manager/administrator or similar position in a municipal government of the same or larger size. Strong experience in municipal economic development, planning and/or finance is highly desirable. License, Certificate, or Membership: Must possess, at the time of employment and continuously throughout employment, a valid Nevada Class “C” driver’s license. Must be member, or be eligible to become member, of the International City Management Association (ICMA). Being an ICMA Credentialed City Manager is preferred. Ideal candidate: • Experienced, forward-thinking visionary leader. • Must have strong business acumen and be a creative, out-of-the-box thinker. • Must have experience in community development. • Must have a balance of technical skills and personal attributes and enjoy community engagement. Competencies: Strategic Thinking - Effective performers act with the future in mind. They plan and make decisions within the framework of the City’s strategic intent. They know and understand the factors influencing strategy (e.g., core competence, customers, and the organization’s current strengths and limitations). They consider future impact when weighing decisions. They constantly think in terms of continuously improving City services. Visioning - Effective performers are imaginative. They are able to create a vision of a preferred future for their teams. They communicate it clearly and enthusiastically in such a way that others are attracted to it. They are able to bring the vision to life for team members. Diplomacy Effective performers work well within the City’s power network. They are perceptive to social cues in the environment. They recognize personal agendas. They are skilled at handling situations without arousing hostility and are able to navigate the political water of the City. They forge coalitions and know how to stay viable within the system. Business Thinking - Effective performers see the City as a series of integrated and interlocking business processes. They understand general business concepts that govern these systems and their interfaces. They create and/or realign these systems in response to changing needs. They understand that a change in one process can have dramatic and unintended impact across the entire City. They are adept at using these interdependencies to synergistic advantage. https:/fwww.governmentjobs.comlcareerslmesquitenv/jobs/newprint/440031 4 Page 3 of 6 Job Bulletin 5/6/24, 09:25 Risk-Taking - Effective performers have a history of and propensity for taking calculated changes to achieve goals. They find a balance between analysis and action. When they fail, they accept it, learn from it, and move on to the next challenge. Financial Acumen - Effective performers understand the financial framework of the City. They establish and monitor appropriate financial measures (e.g., balance sheet, income statement, cash flow, etc.). They interpret and use financial data to make informed business decisions. Presentation Skills Effective performers are able to organize and deliver public speeches that effectively inform or persuade audiences. They are adept at using current presentation technologies and media formats. They are able to field audience questions comfortably and confidently. Assertiveness Effective performers readily offer opinions and take action even when their position may be unpopular. They are willing to challenge others appropriately when required. They are self-confident they trust their own judgment and are not overly dependent upon the approval of others. Global mindset Effective performers see the City’s business in a global context. They look beyond their own borders for opportunities for continuous improvement. Leader Identification - Effective performers identify with the role of leader and enjoy positions of responsibility and the exercise of authority. They understand that management is a distinct vocation and choose to be in a leadership position. Professionalism — Effective performers model core values by being honest, respectful, and positive; continuously demonstrates the core values of the City; supervisory actions are collaborative whenever possible and intended to grow the City’s capacity at an individual, unit, division and/or department level. Managing Performance — Effective performers take responsibility for own and assigned employees’ performance, by setting clear goals and expectations, tracking progress against the goals, ensuring regular feedback, and addressing performance problems and issues promptly. Decisiveness — Effective performers make difficult decisions in a timely manner. Developing and Empowering Others — Effective performers delegate responsibility and coach assigned employees to develop their capabilities. Facilitating Partnerships — Effective performers build community partnerships both inside and outside the organization. Forward Thinking — Effective performers anticipate the consequences of situations and decisions; take appropriate action to be prepared for possible changes. Providing Support — Effective performers provide the tools and create a supportive environment that allows others to successfully complete their work. Supplemental Information WORKING CONDITIONS Work is performed under the following conditions: Considerable exposure to stress and fatigue caused by personal accountability for high impact decisions; balancing multiple conflicting priorities and decisions that are subject to criticism and interpersonal conflict; regular evening and weekend work is required to attend meetings and meet deadlines. Physical exertion is present due to occasional bending, kneeling, twisting, and reaching. Must be able to liftlcarry/push or pull loads of up to 25 lbs. Department: City Manager Division: City Manager Classification/Grade: M6 Wage Assignment: Appointed https://www.governmentjobs.com/careers/mesquitenv/jobs/newprint/440031 4 Page 4 of 6 Job Bulletin 5/6/24 09:25 FLSA Status: Exempt Safety Sensitive: No Bargaining Unit: Not Represented EEC 4 Category: a-Officials & Administrator JD#: 20000 HOW TO APPLY Applicants are required to supply copies (proof) of all required documentation and verification of education and any other stated requirements of the position. City of Mesquite Human Resources will only accept degrees or credits earned from a college or university accredited by an official agency recognized by the US Department of Education. A listing of accredited universities is available at: http://ope.ed.gov/accreditation. PRO WDE COPIES OF THE FOLLOWING WITH YOUR COMPLETE APPLICATION: • Letter of interest/Cover Letter • Resume A resume is required in addition to the completed employment application. Applications submitted without a copy of the candidate’s resume are incomplete and will not be considered. • Copy of Master’s degree or transcripts. • Copies any relevant certificates, licenses or awards i.e. ICMA Selection Process: The selection process will begin with an employment application package screening, with the best qualified candidates being invited to participate further in the assessment process. This process may include any combination of written, performance, and oral assessments to evaluate job-related education, experience, knowledge, skills, and abilities. The Human Resources Department must receive the completed City employment application and all required documentation by the closing date and time listed on the announcement. The employment application must be accessed through our website, www.mesquitenv.gp or jjps://www.governmentjobs.com/careers/mesquitenv and submitted electronically following the online links. Applicants must complete the employment application in its entirety to be considered for this recruitment. Resumes will not be accepted in lieu of the completed employment application. Decisions on an applicant’s qualifications for the above position will be made solely on the materials submitted at the time of application. The City will provide reasonable accommodation to qualified individuals with disabilities. It is the responsibility of the candidate requiring accommodation to contact the Human Resources Department in writing prior to the close of the recruitment. If you are invited to participate in the assessment process, you will be required to self-schedule through the City of Mesquite on-line application system. Please check your email on a regular basis after submitting your application for complete instructions, which include where and when to report. Appointment is subject to the successful completion of a post offer pre-employment background investigation. The City reserves the right to modify selection devices and test instruments in accordance with accepted legal, ethical, and -professional standards. https://www.governmentjobs.com/careers/mesquitenvljobslnewprint/4400314 Page 5 of 6 Job Bulletin 5/6/24, 09:25 Note: E-mail communications will be sent from senders with the extension: (d’mesquitenugov you may need to adjust your spam blocker to ensure that you receive email notifications from the City of Mesquite. Failure to satisfactorily demonstrate that the requirements of the posted position have been FULLY met will result in disqualification. OPEN UNTIL FILLED First review of application and resume on March 24, 2024 The City of Mesquite is an Equal Opportunity Employer. In compliance with the Americans with Disabilities Act, the City will provide reasonable accommodation to qualified individuals. The City of Mesquite encourages both incumbents and individuals who have been offered employment to discuss potential accommodations with the employer. Agency Department City of Mesquite (NV) City Manager Address 10 E Mesquite Blvd Mesquite. Nevada. 89027 Phone Website 702-346-5297 https://www.governmentjobs.com/careers/mesq uitenv 702-346-5295 https://www.governmentjobs.comlcareerslmesquitenvjjobslnewprint/440031 4 Page 6 of 6