January 22, 2025

Commissioner Bayne

Bayne, Commissioner Con Freidhof, Ex-Officio Clerk of the Board Brian Kunzi, District Attorney Joseph McGill, Sheriff Brett Waggoner, County Manager Also Present: Lorina Dellinger, Assistant County Manager; Kelly Sidman, Deputy Clerk; Samantha Tackett, Administrative Manager; Helen Bae, Comptroller; Jaynee Reeves, Administrative Secretary

Commissioner Bayne

I have been picking up large trash items along the road and that he was approached by members of the community that would like to join him. He stated that people could email him about participating. He will be going out on Thursday the 30th and regularly thereafter. Myself, Commissioners Boskovich and Strickland met with 4-H robotic club, Awkward Silence. I encourage everybody to support them. Thank you.

Commissioner Koenig

I would like to say that I am happy to be back. I am going to comment on your comment on Awkward Silence, whom I have been a supporter of since my last journey on this board. I have direction to staff and direction to the County Manager to work with the Sheriff and District Attorney, Finance and HR to address 3 major financial components of the jail fund: jail medical services, contract food services, and staffing levels and to report back regularly on the status.

Commissioner Jabbour

I would like to give a brief report on the missing plane. I would like to thank all the parties that participated in the search: Nye County Sheriffs Office and staff; Emergency Services including Fire; Search and Rescue; and the Game Warden. I want to thank the county manager and William Allen, director of Buildings and Grounds for raising the flags out of respect for the newly elected President and lowering them as mandated by the former President. I want to thank Building and Grounds for work they had done at the senior center and stressed that they have to prioritize resources as they are available and are not neglecting any area throughout the county. I would like to thank Melo for doing what you do. Board of County Commissioners Minutes — 01/22/2025 Page 8 3. Commissioner/Manager 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). Cont...

Commissioner Strickland

One hundredth year birthday for BJ is a holiday, it’s Juneteenth. Arlette Ledbetter is retiring on Friday the 24th after 18 years of service as your tourism director. Thank you, Arlette, for the work you’ve done. Zillow named the most popular markets for 2024 and named six different categories. Pahrump hit the market for the most popular retirement.

Commissioner Boskovich

I want to thank everyone for being here, staff and commissioners. I would like to look into streamlining the business license process modeling it after North Las Vegas. Manager Sigmund Nye County animal shelter earned its no-kill status. We had less than 6% loss through the shelters which was solely severe illness and severe injury. Unfortunately, we currently have 110 dogs in a facility built with 79 kennels. The outside kennels should not be used for long-term holding. I ask for the community’s support and that they secure their animals and if they end up in the shelter, please come and get them. We are waiving the impact fees for the rest of the month. We work with other no- kill organizations. If you are missing an animal check our website. Please contact us if you suspect an animal is out so that we can find them and get them back home.

Sheriff McGill

I will give you some information of the missing aircraft. They believe they have located the aircraft in the Mount Jefferson area. They have not been able to get to the aircraft to confirm the body is present and/or retrieve it do to the remoteness of the area. I want to make a public apology for the insensitive posting I made on Facebook in reference to the aircraft before talking to the family first. DA Kunzi As President of the Friends of the Belmont Courthouse, I want to thank you and give an update on the Belmont courthouse. The front steps are completed and are now wheelchair accessible. Kudos to public works for their help. I encourage people to explore Nye County and Belmont and the courthouse. They have a 4th of July celebration for the community that includes lunch and a parade.

County Manager Waggoner

We are going to remove item #5 on page one and item #34 on page 7.

Commissioner Boskovich

Opened Public Hearing. Tim Bohannon Keep an eye on Lakeview Golf Course and Manhattan Water. I would like further information about the $172 million in the cash accounts, pertaining to how much of that amount is spoken for. He stressed good communication between finance and the treasurer as it benefits the Commissioners in their decision-making process. Michael Garcia I want to encourage the commissioners to look closely for waste and fraud by suggesting that there were laws on the books that allowed for review of past transactions. He offered his help to the commissioners and stated his concerns about prior practices.

Commissioner Strickland

Direction to staff, would like to see an agenda item come forward. She acknowledges that the $172 million is all spoken for. She would like to look at the policy on how funds can be invested that is already in place to see if any changes can be made to it. She would like the board to work with the Treasurer and Dan McArther to get up to speed in regard to investment policy. She would like an agenda item, so that it can be brought forward to the public.

Commissioner Strickland

Would it be out of line to make it a two-year extension? DA Kunzi I think one year would be an appropriate amount of time as they are close to resolving the litigation.

Commissioner Boskovich

Dealing with the utilities, it is a long process and not conducive to streamlining development. DA Kunzi We actually called the bond during my first term in office.

Commissioner Strickland

I took it to Waggoner and told him to call the bond. It was the first time ever the county called any bonds. DA The money is there and it’s just getting the getting everything we need done, done through the utility.

Commissioner Koenig

suggests making the extension for two years so the Mr. Montalvo is not subject to further extension fees.

Commissioner Jabbour

Steve, how much is the extension fee? Board of County Commissioners Minutes — 01/22/2025 Page 11 8. 10:00 a.m. For Possible Action Discussion and deliberation on ETSU-24-16: — — An application for an Extension of Time of ZCMP-22-16, a Conforming Zone Change to change one (1) parcel totaling approximately 1.87 acres from Open Space (OS) to Suburban Estates (SE), to allow additional time to start construction of a single-family residence, located at 581 S. Ishani Ridge Court, Pahrump, NV. Assessor’s Parcel Number 035-722-27. Ricardo Luis Montalvo — Property Owner. Edgar Montalvo Applicant/Agent. Cont... Steve Osborn - I’m not sure.

Commissioner Jabbour

Without any water to the property, it’s appropriate to extend. The burden of the extension fee should not be placed on any of the homeowners in this development because there is no water being provided. If we’re going to make the motion, I’d like to add that the extension fee is waived. DA Kunzi it is within the subject matter and does not disagree because this is out of anyone’s control.

Commissioner Strickland

Wouldn’t be just as easy to make it a two-year extension since he has already paid and has his permits.

Commissioner Jabbour

opposes extending for two years.

Commissioner Strickland

Made a Motion to approve ETSU-24-16 for a one-year extension of time.

Commissioner Koenig

Seconds the Motion.

Commissioner Jabbour

would Commissioner Strickland amend the motion waiving the fee?

Commissioner Strickland

Amends Motion adding waiving of a future fee on extension only to the planning dept.

Commissioner Boskovich

We have a motion and a second. Calls for the vote.

Commissioner Boskovich

Opened Public Hearing. Beth Borysewich states her opposition to the new park and that many people objected to this. She asks the Commissioners to deny the application.

Commissioner Boskovich

Closed Public Hearing.

Commissioner Jabbour

The call for public comment stated many people were concerned about this item but the backup for this item states it passed 5-0. Further people opposed to this item have not come forward. My main concern is the water available in basin 162. He asks Russ Meads if he has gone before the water governing board with this project. Russ Meads This project has not gone before the water board yet. It is a requirement for us to go to the water board previous to being able to make actual applications to NDP and DWR. Once this is approved, we’ll start that process. Board of County Commissioners Minutes — 01/22/2025 Page 13 9. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation — — on: c. ZCMP-24-20: An application for a Master Plan Amendment (Minor) for a 9.954-acre portion of a 17-acre portion of the 55-acre parcel to be changed from Rural Density Residential (RDR) to Rural Development Area (RDA), located at 600 S Leslie St., Pahrump, NV. Assessor’s Parcel Number 036-171-28. American Eagle RV Resort Property— Owner; Double M Construction Inc. Applicant. d. ZCMP-24-19: An application for a Conforming Zone Change on a 17- acre section of a 55.00- acre lot to change 9.954 acres from Rural Estates (RE-I) to Neighborhood Commercial (NC) to allow for a future 204-space RV Park, located at 600 5 Leslie St., Pahrump, NV. Assessor’s Parcel Number 036-171-28. American Eagle RV Resort — Property Owner; Double M Construction Inc.- Applicant. Cont...

Commissioner Jabbour

Have you already done any type of study to see what the water capacity is. Russ Meads This was an existing farmed area. There were water rights. We have been working with the department of water resources to be able to make sure that those water rights are correct. The water use for the RV park is almost 30% less than what the farm was using so there will be a conservation factor.

Commissioner Jabbour

30% is considerable and RV’s use considerably less water consumption than an actual dwelling. Russ Meads There’s also the opportunity, on this project, that the sewer treatment will be able to be used in a rapid infiltration basin, so it’ll be able to recharge as well.

Commissioner Jabbour

I have a connection calculation that is an explanation of the water rights in the farm and what their consumption was. This would be very monitored, measured, and controlled.

Commissioner Koenig

I was at the PRPC meeting. I’m going to actually give you comes from the backup. Most of this was written about the master planning agreement being changed. It affects what we’re doing with the zoning changes. First, it would be conforming and similar to the other parcels in the area, the other parcels are Ri so it’s not similar. It’s surrounded by Ri zone property on all sides is this appropriate or compatible and then leaves the remaining portion of the 17 acres zoned general commercial and approximately 38 acres would remain RE1 and GC. The parcel has one identifying number, and it’s got many different zoning categories. The wastewater site will be on there and be located right on the corner right next to somebody’s house. The master plan amendment would not promote the adopted policies, instead it actually Board of County Commissioners Minutes — 01/22/2025 Page 14 9. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation — — on: e. ZCMP-24-20: An application for a Master Plan Amendment (Minor) for a 9.954-acre portion of a 17-acre portion of the 55-acre parcel to be changed from Rural Density Residential (RDR) to Rural Development Area (RDA), located at 600 S Leslie St., Pahrump, NV. Assessor’s Parcel Number 036-171-28. American Eagle RV Resort Property — Owner; Double M Construction Inc. Applicant. - f. ZCMP-24-19: An application for a Conforming Zone Change on a 17- acre section of a 55.00- acre lot to change 9.954 acres from Rural Estates (RE-I) to Neighborhood Commercial (NC) to allow for a future 204-space RV Park, located at 600 S Leslie St., Pahrump, NV. Assessor’s Parcel Number 036-171-28. American Eagle RV Resort — Property Owner; Double M Construction Inc.- Applicant. Cont... highlights the issues currently facing many parcels in the Pahrump Regional Planning District. We should also look at the impact this could have on the homeowners in the area. I don’t believe that this project, as it is laid out, is ever going to come to fruition. I believe there are other things in the plans that they have for this. The change would only benefit the owner as they need the lower 9.954-acre section changed to allow for an RV park. A nuisance is based on the principle that no one has the right to use property in a manner such as to injure a neighbor or the community. The neighbors that were here seem to think that it was going to affect them. Sorry Russ, but I can’t back this. I attended the meeting as a citizen. I was not on the board at the time this was voted on.

Commissioner Boskovich

These RV parks are very upscale.

Commissioner Strickland

They are surprisingly quiet, good neighbors, and could be a benefit. Planner, is this a conforming zone change? Qiana Medici — Yes.

Commissioner Koenig

they changed the master plan, so now it’s conforming.

Commissioner Strickland

What year was the master plan? Planner Medici In 2022 there was a major master plan amendment from RDR to CDA, and they also did his zone change splitting zoning of general commercial and RE1. That was for an RV park, Alzheimer’s facility, casino, and gas station retail. Prior to that in 2014, there was a nonconforming zone change application to change approximately 32 acres of the 55-acre parcel from Ri to general commercial and request for major master plan from mixed-use and low density to the CDA designation. Before that it was 2007 and it was still 32 acres from low density residential to general commercial at that point. Board of County Commissioners Minutes — 01/22/2025 Page 15 9. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation — — on: g. ZCMP-24-20: An application for a Master Plan Amendment (Minor) for a 9.954-acre portion of a 17-acre portion of the 55-acre parcel to be changed from Rural Density Residential (RDR) to Rural Development Area (RDA), located at 600 S Leslie St., Pahrump, NV. Assessor’s Parcel Number 036-171 -28. American Eagle RV Resort Property Owner; Double M Construction Inc. Applicant. h. ZCMP-24-19: An application for a Conforming Zone Change on a 17- acre section of a 55.00- acre lot to change 9.954 acres from Rural Estates (RE-I) to Neighborhood Commercial (NC) to allow for a future 204-space RV Park, located at 600 S Leslie St., Pahrump, NV. Assessor’s Parcel Number 036-171-28. American Eagle RV Resort — Property Owner; Double M Construction Inc.- Applicant. Cont...

Commissioner Koenig

We are up against this often as commissioners. Our regional Planning Commission knows the rules. This is an allowable use and they bring it to us based on the dictum that weve said to them, you need to make sure that everything happens within this master plan as stated. People cannot control large parcels around their home when it already has a master plan destination and a zoning change. If you want to control something like that, you probably need to live somewhere where those controls were already in place. This is an excellent use of this land.

Commissioner Strickland

I Move to Recommend an Approval to the BOCC ZCMP-24- 20 and ZCMP-24-1 9, based upon the findings as outlined in the staff report and subject to the conditions stipulated in this report.

Commissioner Boskovich

calls for the vote.

Commissioner Koenig

clarifies for Commissioner Strickland that this is strictly a zone change. Board of County Commissioners Minutes — 01/22/2025 Page 16

Commissioner Boskovich

Opened Public Hearing Beth Borysewich Good item for our town. Excellent for our town, providing easier access to Propane. Commission Boskovich - Closed Public Hearing

Commissioner Jabbour

Was there any objection to this during public comment at the Planning Commission meeting? Planner Medici — No.

Commissioner Jabbour

Looking at the aerial map, the neighbors are almost a block away or streets even just a block away from the proposed project.

Commissioner Boskovich

calls for the vote. 5 yeas, motion carried. Board of County Commissioners Minutes — 01/22/2025 Page 17

Commissioner Strickland

So we actually have a first note and deed of trust by a lender and the lender wants nothing to do with it. The current owner is not responding, correct? Thank you.

Commissioner Boskovich

Thank you commissioner, let’s do public comment. DA Kunzi Before we do that, this is really a hearing. A nuisance hearing. There should be a script. We don’t need to continue the hearing. If I could, maybe if we could just get the confirmation that the exhibits that are attached to the agenda item were accurate. And which detail notice was properly posted on the property and mailed to the owner? Susan Ryhal yes, the exhibits are accurate. A condemnation order was posted, a notice to abate was posted and mailed, and also a notice of the hearing. DA Kunzi And I think the pictures themselves speak volumes to what you need to find for a nuisance.

Commissioner Koenig

it’s a lot better if you go out and actually look at it. The pictures don’t do it justice. Board of County Commissioners Minutes — 01/22/2025 Page 18 11. 10:00 a.m. For Possible Action Discussion and deliberation to: — — e. Declare 4841 E. Stoneham Street. Pahrump, NV a public nuisance consisting of an unsafe, unhealthful building, which poses a public health and safety hazard; f. If declared a public nuisance, establish a reasonable time for Laura Figueria, who is the property owner, to repair, abate or remove the public nuisance; g. If the public nuisance is not abated within the time period designated, direct staff to utilize the abatement procedures to abate the hazard by removing or causing the removal of the hazardous conditions; and h. Apply a special assessment against the real property in the amount of the total cost of the abatement. Assessor’s Parcel Number 043-672 -05. Location: 4841 E. Stoneham Street, Pah rump, NV. Property Owner(s): Laura Figueria. Susan Ryhal And it is completely unsecured. I did ask the loan holder, the previous owner, if he was interested in trying to secure the property to at least make it safe. He said he didn’t have the ability to do that. DA Kunzi Just so the record is clear that the applicant or the homeowner is not present today.

Commissioner Boskovich

it does not say hearing it doesn’t say hearing is that OK?

Commissioner Strickland

Are we going to have to walk this back? Da Kunzi No, it’s just that with the nuisance you do have to go through the process of giving the applicant and the homeowner opportunity to respond. We’re good as long as, the biggest issue here is that all postings were posted. In my review of this, the postings that were required by law were posted. So, it is appropriate for you to move forward with declaring this a nuisance.

Commissioner Boskovich

Perfect, thank you. Let’s do public comment.

Commissioner Boskovich

Perfect, thank you sir. OK, we have a public comment. Millicent Kiser I live 4 doors down from that particular piece of property. And it is not only an eyesore, but it is very dangerous. There’s no fencing around it. Anyone can just walk in at any point they want to. And the pictures don’t show the true destruction of it all the way through. Thank you. Close public comment.

Commissioner Koenig

When I was there, the whole front was open. You could walk right in. Inside that building, through the doorway, into the back where the roof is probably ready to fall down because it’s burnt through. So, it’s definitely a hazard.

Commissioner Strickland

That’s my concern, commissioner. Safety. And so we have been tasked with coming up with a reasonable time for the homeowner to take care of this. What is in a reasonable time? In this case, when the homeowner is not responding. When we have homeowners in front of us, we give them six months. We can’t do this. This is a safety issue. At the very least this county needs to secure it by fencing it and hire a contractor to do so; and that needs to happen immediately. And so that’s my concern about reasonable time. And I’d like somebody to tell me what that looks like please. Board of County Commissioners Minutes — 01/22/2025 Page 20 II. 10:00 a.m. For Possible Action Discussion and deliberation to: — — m. Declare 4841 E. Stoneham Street, Pahrump, NV a public nuisance consisting of an unsafe, unhealthful building, which poses a public health and safety hazard; n. If declared a public nuisance, establish a reasonable time for Laura Figueria, who is the property owner, to repair, abate or remove the public nuisance; o. If the public nuisance is not abated within the time period designated, direct staff to utilize the abatement procedures to abate the hazard by removing or causing the removal of the hazardous conditions; and p. Apply a special assessment against the real property in the amount of the total cost of the abatement. Assessor’s Parcel Number 043-672-05. Location: 4841 E. Stoneham Street, Pah rump, NV. Property Owner(s): Laura Figueria. DA Kunzi Well the interesting definition of reasonable is under the circumstances. And I don’t disagree with that I think your first concern needs to be to make sure that the community around it is protected. You know, go there and look and whatever so that would be part of a motion. And that’s where we’re at. Is the reasonable time?

Commissioner Boskovich

That would be part of the motion.

Commissioner Strickland

What is reasonable in this circumstance? When safety is of such a concern.

Commissioner Boskovich

Now and 30 days or 60 days, but that’s my thought.

Commissioner Koenig

How much time to find people who will know this down and take it away, that should be our time. Da Kunzi Well the notice is to order them to abate the nuisance. If they don’t abate the nuisance in that time period, then the county can step in and do the work. And then any cost involved with that then becomes basically a lien on the property. And then we get it

Commissioner Strickland

Chair, I’d like to make a motion please. I’d like to make a

Commissioner Strickland

Then on B, I’d like to restate that a reasonable time of 30 days for the abatement process to begin. In the meantime, the county shall fence the Board of County Commissioners Minutes — 01/22/2025 Page 21 11. 10:00a.m. For Possible Action Discussion and deliberation to: — — q. Declare 4841 E. Stoneham Street, Pahrump, NV a public nuisance consisting of an unsafe, unhealthful building, which poses a public health and safety hazard; r. If declared a public nuisance, establish a reasonable time for Laura Figueria, who is the property owner, to repair, abate or remove the public nuisance; s. If the public nuisance is not abated within the time period designated, direct staff to utilize the abatement procedures to abate the hazard by removing or causing the removal of the hazardous conditions; and t. Apply a special assessment against the real property in the amount of the total cost of the abatement. Assessor’s Parcel Number 043-672-05. Location: 4841 E. Stoneham Street, Pahrump, NV. Property Owner(s): Laura Figueria. property and take action which I will discuss here in a moment. Directing staff to utilize the abatement procedure to abate the hazard by putting up the fence immediately. And apply a special assessment against the real property for the fence at this time, and potentially in the future, the total cost of abatement to this property. DA Kunzi can I offer a friendly amendment? You said to begin the abatement. My suggestion is that the abatement be completed within 30 days. It is not unreasonable for them to hire somebody to go in and demolish the facility and it should not take 30 days. So, I think that that would be more appropriate.

Commissioner Strickland

I will so amend to complete within 30 days.

Commissioner Boskovich

alright we have a long motion and a second. Manager Waggoner One thing that just occurred to me though. Should we have to go in and put a fence in, is where does it get paid from? Because code compliance does not have a budget set aside.

Commissioner Strickland

you can take it out of mine, out of the commissioner’s budget so we can have immediate action. Where does the money come from? Can we use the impact fees? Comptroller, do you have anything to add to us please or money laying around somewhere Helen Bae I don’t have an answer. We have just started creating a project string to track abatements closely, so at this time I don’t have an answer as far as sourcing. Manager Waggoner It wasn’t necessarily a suggestion of something that needs to be solved today but it’s something we might want to look at addressing as part of these Board of County Commissioners Minutes — 01/22/2025 Page 22 items in the future. Code compliance or planning can work with the comptroller to try to figure that information out so when these are presented, we know. If and should we have to go in and do this, and we have at least one way to borrow the funds until we can recoup them through the assessment.

Commissioner Boskovich

All right, thank you for that. Does anybody else have anything on this one? We have the motion and the second I believe yes let’s call for the vote 5 yeas, that carries 5-0.

Commissioner Jabbour

Before you close chair, and I know the DA will say bring it back at the end, County manager and the assistant director and our code enforcement and thank you by the way for doing what you do this is not the first hearing or the first nuisance complaint. However, what I did notice is I notice code enforcement now wearing badges. And this was brought before the Commission over a year ago and those were denied. So, I will address that at the end of the meeting to find out how that came about when the County Commission denied badges for code enforcement through planning. You director, I’m sorry county manager, you actually were on vacation and the assistant director Steve was before us making the presentation. There will be direction later. Manager Waggoner I know what you are refereeing to and that was actually a position justification through a budget meeting that included uniforms and badges. It has never been an item before the board specifically on badges.

Commissioner Strickland

we could certainly have directions for staff. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff McGill

assumes Chair. LIQUOR

Sheriff McGill

chair this is a hearing to show cause that the retail liquor license for Sanders Family Winery should be revoked pursuant to Nye County code 5.04.290 B, regarding the operation of a liquor business in violation of a state, county, or federal provision. Jack W Sanders- I’m on my own. I’m the licensee. Board of County Commissioners Minutes — 01/22/2025 Page 23 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to consider reinstatement, continued suspension, or revocation of the Retail Liquor License for Sander’s Family Winery located at 3780 E. Kellogg Rd., Pahrump, NV, pursuant to Nye County Codes 5.04.280 and 5.04.290(B) for violation of Nevada Revised Statutes 369.487 or 597.260 or 205.210 or 205.380. Jack Sanders, Licensee Cont...

Sheriff McGill

OK, thank you. We have a copy of the notice of hearing that can be found on page three of the materials posted in the backup for the agenda item. The date of the notice is January 1 3’. Code provision provides that notice of this hearing must be posted no sooner than 10 days before the date of the hearing. We cannot proceed with the hearing unless you consent to waive this date. Do you wish to waive the deficiency and the notice? Jack Sanders - I didn’t realize there was one. I would like to waive it, thank you.

Sheriff McGill

Do you believe that you’re prepared to move forward on the hearing? Jack Sanders I don’t know how much more prepared I could be

Sheriff McGill

OK did you receive the notice Jack Sanders yes, I did

Sheriff McGill

OK Lieutenant Williams represented the Nye County Sheriffs Office. If you could give your presentation. State your name and spell your last name. Harry Williams - Lieutenant with the Sheriffs Office.

Sheriff McGill

Do we need to swear him in?

Clerk Freidhof

Yes please. Raise your right hand. Do you swear to tell the truth the whole truth and nothing but the truth so help you God? Jack Sanders — Yes

Sheriff McGill

Have you reviewed the backup documentation submitted for the item? And is this a true and accurate copy of the reports and information that you prepared for this item? Is there any objection by the board considering the documentation that’s? Lieutenant Williams — yes and yes. Da Kunzi Does Mr. Sanders have any objections to considering the documentation we need to swear in Mr. Sanders. If you would, come back to the podium, please, Mr. Sanders. Board of County Commissioners Minutes — 01/22/2025 Page 24 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to consider reinstatement, continued suspension, or revocation of the Retail Liquor License for Sander’s Family Winery located at 3780 E. Kellogg Rd., Pahrump, NV, pursuant to Nye County Codes 5.04.280 and 5.04.290(B) for violation of Nevada Revised Statutes 369.487 or 597.260 or 205.210 or 205.380. Jack Sanders, Licensee Cont...

Clerk Freidhof

Can you raise your right hand? Do you swear to tell the truth, the whole truth and nothing but the truth so help you God? Jack Sanders — I do.

Sheriff McGill

and do you have any objection to the documentation I have Jack Sanders — I have none. Lieutenant Williams on November 20th 2024 anonymous tip came in with photographs revealing that Sanders family winery was engaging in deceptive practices by pouring Franzia wine into their own bottles and labeling it as their own product. This prompted the investigation for the fradulent activities. The inspection resulted on November 27th, 2024. I and a couple of other detectives went to the address of 3780 E Kellogg Rd. During an inspection, we discovered several boxes of Franzia wine in the dumpster. The plastic containers inside the boxes were cut open and had been emptied into some kind of container. These photographs were taken in documentation of the dumpster and the empty Franzia boxes were taken. Photographs were taken along the warehouse. We found filled and unlabeled wine bottles, some of which were still in the process of being labeled. On December 5th, 2024, we interviewed Jack Sanders the owner of Sanders Family Winery. During the interview Mr. Sanders admitted that he had been purchasing Franzia wine from local stores in Pahrump and Las Vegas for the past three years. He would repackage these wines and bottles labeled by Sanders family winery claiming he added preservative and sulfites and preserving them in nitrogen. He cited long-standing issues with obtaining water rights as the reason for the practice, claiming he was unable to produce his own wine because of these issues. That’s pretty much in the summary.

Sheriff McGill

Thank you. Lieutenant Williams are you aware of a county ordinance prohibiting the purchasing of liquor by a liquor licensee from a non-bonded contracted business. Lieutenant Williams I got an NRS 369487 violating this statute by purchasing liquor from non-licensed wholesaler.

Sheriff McGill

Thank you. Mr. Sanders, do you have any questions for Lieutenant Williams? (Mr. Sanders shakes his head) Mr. Sanders, do you have anything that you would like to present to the board to make their determination? Board of County Commissioners Minutes — 01/22/2025 Page 25 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to consider reinstatement, continued suspension, or revocation of the Retail Liquor License for Sander’s Family Winery located at 3780 E. Kellogg Rd., Pahrump, NV, pursuant to Nye County Codes 5.04.280 and 5.04.290(B) for violation of Nevada Revised Statutes 369.487 or 597.260 or 205.210 or 205.380. Jack Sanders, Licensee Cont... Jack Sanders Yes, I do. I stated the last time we met here that the mistake was mine. I appreciate the Nye County Commission, and I appreciate the Sheriffs Department. They were very kind, very resourceful and I followed all the instructions to comply with the original order issued on December gth And the follow up report that was issued to me when Lieutenant Williams and his partner personally delivered the notice to me. I was asked if I were using a lawyer, I told him no, I’m the one that needs to get this corrected because I’m accountable for that. About two days after that I received our December 9th suspension from our liquor license. A deputy later questioned why we were opening and that was delivered by it wasn’t delivered it was a just an alert for a sheriff to come, not sure who he was. He said we were supposed to be closed. I pointed out that we’re not selling alcohol. We are and have been in compliance with suspension and will continue to do so. His body camera was on as he walked around. I’d mentioned this to Williams when they delivered the notice to me. I also asked Lieutenant Williams, I said this is the first time that I’ve ever gone through anything like this, and basically just asked him a question. He asked me if I had a lawyer. I said no, I don’t have a lawyer. I agree with everything that you talked about what’s happened here. But there are some circumstances as a result of that and if you have questions about that I would be very happy to answer that. Again, I apologize to you. I apologize to our industry. And I apologize to our citizens. We’ve had difficulties with water rights for many years when we purchased the property and built the property. We did purchase additional water rights because even before we built the building, we took care of all the electrical, took care of all the construction, things that needed to be done. And we built a small cottage on the thing which became our construction office. We did purchase 3-acre feet of water at that particular time. I had never owned water rights before that. When I owned Pahrump Valley Winery, it was under public utility company. They provided the services. I did have to exchange water rights for them to be able to give us services. I guess as a trade out one way or the other. They also contracted with me to be able to supply water with one rate to the vineyards and another rate to the source of the revenue which was the main winery and its operation, as well as the restaurant and everything of that nature. Those water rights that I purchased for the Kellogg Company, I didn’t realize 100% that of any notifications, renewals, or anything from that. I’ve suddenly got a notice about three years later about those water rights that they had tried to contact me. I don’t recall receiving any information that they had not been renewed and therefore they were going to be taken away. There was a deadline on that and I apparently was past that date. So, I learned a very good lesson from that. And that is they did get the water rights. That was a lot of cash that went in the direction that I had baked taken out and it also set us back to day number one. That was three years after I purchased the property, and we were in operation. The vineyards were in operation at that time. They were growing and they flourished and got up to the building area of approximately I Board of County Commissioners Minutes — 01/22/2025 Page 26 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to consider reinstatement, continued suspension, or revocation of the Retail Liquor License for Sander’s Family Winery located at 3780 E. Kellogg Rd., Pahrump, NV, pursuant to Nye County Codes 5.04.280 and 5.04.290(B) for violation of Nevada Revised Statutes 369.487 or 597.260 or 205.210 or 205.380. Jack Sanders, Licensee Cont... think we were doing around 7 to 8 tons of grapes on each side of the vineyards. We were producing Zinfandel as well as petite Syrah. They were beautiful wines. They just worked very nicely. During that time, those grapes were producing. We were harvesting and we were making wine. During that same time those water rights were taken away from us. We then purchased additional water rights and put those in operation. But it took a little bit of time for those to transfer and to be taken care of. So, in the meantime we had to support the agriculture department and the division of water resources, we had to actually put in a plan of action as to what we were going to do to conserve water. At the same time, I believe our valley was being readjusted etcetera from water. I think water rights all of a sudden started to go crazy again. So, what we did was we the three acres we found were insufficient to do what we had done we had replaced those 3-acre feet and so we had actually had to do a report. So, we had to cut back and conserve. As we cut back and conserve until those water rights and irrigation were all taken care of. We add those other water rights. Unfortunately, during that period of time, we were not able to get sufficient water. So, we also presented another plan that what we would do is reconstruct the winery, reconstruct the vineyards and the reason we would do that is replant and replant the vines in different formations. When we put the original vines in, we planted them on 6-foot rows apart and five feet between each one of the vineyards. And each one of the grapevines. The production we were getting, as I told you before, was really well producing. We also thought and with the help of some of the university people UNLV and UNR and their advice and our conferencing I made some decisions that when we planted the new vineyards, which we have not done yet, because this all has just coming to this is it a point. We’ve revamped the vineyards and pulled all of the vines out. And we did that a year and a half to two years ago so there’s been no vines in there. There’s still some roots stock that we’re using for experimentation. Besides that, what we would do is as the vines come up and grow, we trellis them out on what’s called cordons to halfway through the next stake. That would be 2 1/2 feet 2 1/2 feet. Stakes are 5 feet apart. So, the next vine those two vines that were next to each other would come in and you cannot grow more because they will begin to bite themselves. So, we decided what we would do is we would plant on 10-foot centers and then we decided we would put some in 10-foot centers and 15-foot centers. That is ready to go and ready to operate. So, we’ve had no production since the very first productions that we did and that would have been a few years ago. We’ve watched what was what we were doing ah sorry wrong and you’re right there and I’m looking right at you

Commissioner Strickland

Chair, I’m sorry but I did not see where this train was running, and I have not made a disclosure about water rights. I do broker water rights, but I have no pecuniary interest in these water rights that are under discussion. I just Board of County Commissioners Minutes — 01/22/2025 Page 27 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to consider reinstatement, continued suspension, or revocation of the Retail Liquor License for Sander’s Family Winery located at 3780 E. Kellogg Rd., Pahrump, NV, pursuant to Nye County Codes 5.04.280 and 5.04.290(B) for violation of Nevada Revised Statutes 369.487 or 597.260 or 205.210 or 205.380. Jack Sanders, Licensee Cont... need to make you aware of that and so the story is the story. So, I’m sorry but I didn’t know that we’re going to talk about water rights when we got into this item. Thank you. Jack Sanders is there a problem?

Commissioner Strickland

No Sir. I’m just curious you’re giving a lot of information about the why and how you got to this place and as the board we can appreciate that.

Mr. Sanders

and we have a very long friendship, Sir. And I’m sorry you’re in this position but these matters aren’t relevant to where we’re sitting.

Sheriff McGill

I think that we need to try to get away from the why is this happening and go to what is happening. Jack Sanders very good yeah then basically we’ll just we’ll just leave it with what Lieutenant has discovered. That we have utilized the process and that it was not permit applicable. That’s my responsibility and my accountability. I wasn’t aware, but I am now and I’m asking if we can get an opportunity to correct those things we can start that pretty quickly. I’ve already started it. We do have other the new vines would go well it depends on how it’s to what happens whether the new vines will be planted or not. We’re ready to do that and we just finished that up for cleanup. That’s the reason I brought the vineyards in that put us back in. Because in 2025 on July 1st systems kick in for wineries. We started the very first winery in the state of Nevada, first commercial winery excluding the Beul winery back in, right after prohibition. Which operated on the ranch here in the center of town. That was right after prohibition. So, we wrote legislation to operate a winery, and we were helpful to help other people start wineries within the state of Nevada. Right now, we are ready to plant. We’re going to have to hold up until you can make a decision as to what we can do to get this resolved. So, I guess the important thing is, I made some mistakes. I do have one correction for Lieutenant and that is that when we when we utilize other products other wines whether there are bond to bond or in my particular case where we have used other wines that are now, we should not have done, we do make adjustments and blending. So those wines are not all the same as when they came out of those packages. Just like any other transfers or anything that we would do we can add or subtract. So, we did that and we do not put nitrogen in we don’t put sulfite in the wines. We have to label on that the wines contain sulfites. The reason we have to put that on the label is because most of the things that you taste, and you eat. There’re more sulfites in the banana than there is in a whole gallon of wine. But it has to be in there because it’s the law, it’s federal law The labeling laws. So, the nitrates or the sulfites are not in there. We do put nitrate gas in the bottles as we sanitize each bottle on the production line, we integrate that so that Board of County Commissioners Minutes — 01/22/2025 Page 28 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to consider reinstatement, continued suspension, or revocation of the Retail Liquor License for Sander’s Family Winery located at 3780 E. Kellogg Rd., Pahrump, NV, pursuant to Nye County Codes 5.04.280 and 5.04.290(B) for violation of Nevada Revised Statutes 369.487 or 597.260 or 205.210 or 205.380. Jack Sanders, Licensee Cont... it takes all of the oxygen out so that when it hits the spouts for filling no oxygen is contained in those wines and when they come out, they’re immediately corked, foiled, and closed off. So, from a safety standpoint we still followed all those. Again, I apologize. I’ve just have not been really feeling too good about myself these days. I have no other comments if you have any questions for me, I’d be happy to answer you.

Commissioner Jabbour

Yes thank you, thank you chairman. Mr. Sanders, I do have some questions Sir, and I too have a very brief disclosure. You probably don’t remember me. A few years ago, through state tourism I gave you an award. You have because you’ve done some great things for tourism through the state of Nevada and in the in the industry. And I certainly apologize for the situation that we are here now and why we are here. But I thank you for all of the good things that you’ve done in the past and for industry and for the people. Sir, do you have a distribution license? Jack Sanders a distribution license? Sir no.

Commissioner Jabbour

thank you do you have a wine makers license Jack Sanders yes

Commissioner Jabbour

thank you, do you have a retail license? Jack Sanders at the moment

Commissioner Jabbour

did you have that retail license? Jack Sanders Yes

Commissioner Jabbour

did you have, and do you have a wholesale license? Jack Sanders no

Commissioner Jabbour

no? OK so you had the liquor, the retail liquor and the wine makers license and you didn’t have a distribution license. And so, in the state of Nevada Sir as you know there are tiers. There are tiers and the reason there are tiers for why we are here right now. Board of County Commissioners Minutes — 01/22/2025 Page 29 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to consider reinstatement, continued suspension, or revocation of the Retail Liquor License for Sander’s Family Winery located at 3780 E. Kellogg Rd., Pahrump, NV, pursuant to Nye County Codes 5.04.280 and 5.04.290(B) for violation of Nevada Revised Statutes 369.487 or 597.260 or 205.210 or 205.380. Jack Sanders, Licensee Cont... Jack Sanders yes and Commissioner in my office there is an oil painting of the three tier system, as to what the responsibilities are as a constant reminder.

Commissioner Jabbour

yes Sir yes so the reason I bring that up is from the lieutenant’s investigation and you admitting to the mistakes etcetera, how was it that that the bottles of wine that you were able to put together were actually sold without having the distribution license and having them brought back to your property after being properly skewed by the state? Jack Sanders I don’t know about that because basically we purchased those at retail, and we did make the changes. We did the production. It did come from the winery with all the proper procedures with that. Now, as a I cannot sell directly to any wines that are produced, I cannot sell directly to, well I can. I can sell it too and I can sell it to customers. It was vented and bottled by us, and it says that on the label. But I know exactly what you’re saying. The three-tier system says that the producer must sell to a distributor, a distributor must sell to a retailer, the retailer must sell to the consumer.

Commissioner Jabbour

correct yes Sir. But there was a step missed. you did you did buy from Franzia you did buy the Franzia from a retail outlet. Jack Sanders which was distributed by southern wine and spirits to a retailer. There’s nothing that prevents me from buying anything from a retailer. My mistake was it was not 100% my product.

Commissioner Strickland

I disagree with that because the NRS, NCC says that you have to buy from a wholesaler you can’t buy from a retailer. Any liquor license holder can’t go and buy. They have to buy from a wholesaler, a licensed wholesaler. So the process of buying the wine had it been bought from a wholesaler I don’t know how that would have all spelled out, but it wasn’t. It was bought by a retailer.

Sheriff McGill

that is one of the violations that are being alleged.

Commissioner Jabbour

So Mr. Sanders, regardless of the outcome and before the outcome what would you like to see today? Jack Sanders well I would like I would like to see us get back to normal. We have not we’ve been in 100% compliance since the notification. We have not I don’t believe that we in any way shape or form we violated that. I don’t know that we violated any other Board of County Commissioners Minutes — 01/22/2025 Page 30 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to consider reinstatement, continued suspension, or revocation of the Retail Liquor License for Sander’s Family Winery located at 3780 E. Kellogg Rd., Pahrump, NV, pursuant to Nye County Codes 5.04.280 and 5.04.290(B) for violation of Nevada Revised Statutes 369.487 or 597.260 or 205.210 or 205.380. Jaäk Sanders, Licensee Cont... laws. We’ve been in business here since 1985 and again to the best of my knowledge I don’t recall ever being at a hearing like this before. And anything that we’ve done wrong.

Commissioner Jabbour

well you’ve never been at this type of hearing Sir because you didn’t violate any of the NRS’s or any of the county ordinances or the liquor laws until now. So how are you going to make up for these as you’ve admittedly stated multiple times that you have made mistakes and you take accountability for those mistakes, how are you going to make up for those mistakes? Especially with the consumers? Jack Sanders Well with the consumers I’m not certain how we can do that. The I’m not I’m not certain how we can do that.

Commissioner Jabbour

do you have a plan do you have an idea? Jack Sanders we have had any cancellations or anything of that nature we have made refunds already or once the product was delivered that last product was delivered was the day we got the notice. So, nothing has gone beyond our doors since that particular time. I would imagine, I haven’t heard from many people, I have had no complaints about this at all from anyone at all. And we’re still answering the phones and we’re still communicating with people. We do shipping, we shipped to certain states occasionally, we have problems with the FedEx. Sometimes they don’t get it delivered correctly and they’re therefore we have always in that case refunded if it’s returned to us we will refund that to them.

Commissioner Jabbour

OK thank you Mr. Sanders thank you chair

Commissioner Boskovich

I just have a comment. So, Mr. Sanders, I appreciate you being here but my problem with this and where my real rub is, is that you basically, well you didn’t basically, you completely lied to the people of our community pretty much and provided them with a product that they thought they were getting and buying and consuming, that they weren’t. They were getting something different. I’ve have been one of them, because I know you, I knew Betsy and I’ve been out there many times, but this is I don’t even know how you would ever make this right with the people of our community where we’ve all been a long time. So that’s my comment thank you chair.

Commissioner Strickland

my big rub as you say is this going on for three years. This wasn’t just a small mistake. This was an ongoing commitment to produce something and label something. And you touched it, you did it repetitively. And so to have that I’m Board of County Commissioners Minutes — 01/22/2025 Page 31 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to consider reinstatement, continued suspension, or revocation of the Retail Liquor License for Sander’s Family Winery located at 3780 E. Kellogg Rd., Pahrump, NV, pursuant to Nye County Codes 5.04.280 and 5.04.290(B) for violation of Nevada Revised Statutes 369.487 or 597.260 or 205.210 or 205.380. Jack Sanders, Licensee Cont... sorry but to have that painting on the wall that even describes what you’re supposed to be doing it’s sad you would state that. I am solely disappointed Sir.

Commissioner Boskovich

and it is very very sad. This is just the worst thing. Terribly sad but we did not put us here.

Commissioner Jabbour

Mr. Sanders as I said and I apologize to the people and to the Commission. As I said I’m almost finished right, something always comes up. Sir has the state been involved at this point. Department of Taxation Jack Sanders - I’m always involved with the department of taxation

Commissioner Jabbour

ATF? They’ve been involved. Jack Sanders ATE? No

Commissioner Jabbour

So, it’s just this Commission so far. Are they aware of what’s happened? Jack Sanders - I don’t know.

Sheriff McGill

If I may I can partially answer that. We have been in contact with the state over this.

Commissioner Strickland

so we could be kind if we wanted to.

Commissioner Jabbour

That’s what I am leading to. Once the state and ATE jump in there will probably be heavy fines. The state license I think would supersede our county ordinances and county licensing.

Sheriff McGill

So I have a couple of questions. Mr. Sanders, you, in your statement you said that you wrote legislation on this industry? Jack Sanders yes, and when we started the first winery, we actually started the winery because there were no rules or regulations about wineries in the state of Nevada. All of the other states so we hired a guy by the name of Frank Bacon, who I think was a legislative lawyer and asked him if he could re-write the original liquor license and add wineries to that. At this particular time, to the best of my knowledge, there were no alcohol producers in the entire state of Nevada. We did get our ATE license immediately Board of County Commissioners Minutes — 01/22/2025 Page 32 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to consider reinstatement, continued suspension, or revocation of the Retail Liquor License for Sander’s Family Winery located at 3780 E. Kellogg Rd., Pahrump, NV, pursuant to Nye County Codes 5.04.280 and 5.04.290(B) for violation of Nevada Revised Statutes 369.487 or 597.260 or 205.210 or 205.380. Jack Sanders, Licensee Cont... because there was no objection from the state because they had no jurisdiction over that. The rules were that you there’s no you can’t stop you can’t make alcohol because there’s no licenses for you, for anybody to make alcohol in the state of Nevada. And so, we worked with the attorney general, and they were very helpful to us because the legislature only works for four months every other year. And it was an off year in 1990 because it’s the odd years they do it. So, in 1991 we had Frank Bacon write a proposal to make a couple of changes in the legislature that would allow wineries to operate. There were no requirements for any locals or anything of that there was no such thing as a winemaker’s license. So, at the same time we had them put that in and put the fees as to what that license would be on an annual basis.

Sheriff McGill

so if I’m correct you wrote the book on this Jack Sanders well no I didn’t write it. I would say it was so easy for them to change words and put them around. We did get our assemblywoman at that particular time to do a presentation to the assembly. They did that and that was in 1991. I think it was in June, April, March or April or something at that time. It was unanimously passed. Everybody’s supported the thing, and it was then gone on to the Senate. And the entire Senate approved the thing. So that was very few words were changed to make it work and the license fees were there.

Sheriff McGill

but you were instrumental in the creation of state legislation and licensing for your industry. Jack Sanders yes -

Sheriff McGill

OK and that was in 1991 ish? Jack Sanders well I think we started the process in 1990 to get all the information and get all the knits and grits worked out of it. but by1991 now we were licensed by the BATE in 1990 1988 so that’s when that’s when we found that we should go we got we can start construction on the thing. Construction was very easy at that time and in Pahrump.

Commissioner Strickland

so I would I’d like to ask if we can move forward with some public comment, please? Board of County Commissioners Minutes — 01/22/2025 Page 33 12. 10:00 a.ni. For Possible Action Hearing to Show Cause, discussion and — — deliberation to consider reinstatement, continued suspension, or revocation of the Retail Liquor License for Sander’s Family Winery located at 3780 E. Kellogg Rd., Pahrump, NV, pursuant to Nye County Codes 5.04.280 and 5.04.290(B) for violation of Nevada Revised Statutes 369.487 or 597.260 or 205.210 or 205.380. Jack Sanders, Licensee Cont...

Sheriff McGill

I have one more question if I may? Actually have a two-part question.

Mr. Sanders

would do you know off hand approximately what you would pay for the Franzia wine Jack Sanders yes, I don’t know approximately I know exactly yes, they would fluctuate they would fluctuate depending on what the prices were at yeah so, the average for the low-price wines our cost on those equaled about I think somewhere in the neighborhood of for each bottle around I think it’s around $3.80 for the liters. Then we would then, of course we had to add the bottles labor to all of the other stuff that we needed to do so I think it was somewhere around 4 dollars $4.50 which is normal for that. And therefore, the retail price of that would be subsequent to the norm is a three-time margin. In other words, from what our actual cost of goods are we would take that number multiply times three.

Sheriff McGill

So what would you sell your wine Sanders wine Jack Sanders for the average price of the wines that we would sell there with discounts including discounts. There was always a discount if they bought a six or 12 and that’s the way most of our wines went out six or 12 so there was 10%. Then there was a 20% discount for those people who were regular customers.

Sheriff McGill

OK So what is the cost of your bottle of wine Jack Sanders cost of our bottle of wine probably around 4 averages around $4.47 or something of that nature that that includes Franzia that includes our bottles, corks, labels, labor, transportation. Because all of our bottles come in by truckload. I can tell you the transportation has been very expensive

Sheriff McGill

OK I think I’m done. No more questions from the board? At this point when we go to the public. OK we’re going to open this to the public comment.

Commissioner Strickland

Chari, this may be out of our hands. This isn’t just Nye County code, and the public needs to know that.

Sheriff McGill

I see that as being a possibility, yes. Unfortunately, it’s in a way it’s sort of double jeopardy but not because there are two different regulatory authorities. The county and the state.

Commissioner Koenig

But maybe the point could be that if we gave him his license but the state’s going to turn around probably take it.

Sheriff McGill

or they could choose to be lenient also. I don’t believe that we really have fine authority.

Commissioner Boskovich

I have a thought. What if we were to continue the suspension for a period of six months or whatever to give the state time to figure out if or what they’re doing and to give Mr. Sanders period of time to come up with a solid plan. Koenig says three months like 3 months.

Commissioner Strickland

Because what if the state were to say you know what he can’t have a bottling license anymore, but he can sell wine. So, he can keep using that boxed wine, sell it to the public for whatever he wants to sell it for. In the glass not in a bottle. And everybody knows what the wine is, and he still maintains a winery. Perhaps the state would allow something like that to go on. But we need to let the state know that we’re in this position and we don’t like it, and we want to fix it

Sheriff McGill

I really think that if we revoke his license at this point, he’s going to lose the property also. That’s huge. And I would hate to see that happen.

Commissioner Bayne

what is the process for a timeline if another operator or license holder would say apply and then be granted the ability to sell in that same facility. What’s the process for that as far as a timeline. Samantha Tackett At the time of a complete application, where we do our fingerprinting and move forward with the background. It can be anywhere from 7 to 10 weeks. Board of County Commissioners Minutes — 01/22/2025 Page 38 12. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to consider reinstatement, continued suspension, or revocation of the Retail Liquor License for Sander’s Family Winery located at 3780 E. Kellogg Rd., Pahrump, NV, pursuant to Nye County Codes 5.04.280 and 5.04.290(B) for violation of Nevada Revised Statutes 369.487 or 597.260 or 205.210 or 205.380. Jack Sanders, Licensee Cont...

Commissioner Bayne

Any way to expedite that? Can we do that or is that not within our control. Samantha Tackett No Sir, it has to do with the state and their processing.

Commissioner Jabbour

Motions to reinstate suspended license.

Commissioner Koenig

Seconds 2 ayes, 4 nays. (Strickland, Boskovich, Bayne and McGill) Samantha Tackett — recommends continuing the suspension until the State makes a determination.

Commissioner Boskovich

motions as stated by Samantha Tackett, with 90 days. Amended to add 4/15/25

Commissioner Strickland

Seconds and amends. 6 Yeas

Commissioner Jabbour

Motioned to approve

Commissioner Strickland

Seconded- 6 Yea Board of County Commissioners Minutes — 01/22/2025 Page 39

Commissioner Boskovich

assumed BOCC Chair SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Strickland

Motion to approve the consent items.

Commissioner Boskovich

calls for the vote 5 Yeas Recess until 2:15 Board of County Commissioners Minutes — 01/22/2025 Page 42 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 14. For Possible Action Discussion and deliberation to: a. Consider the application made to the Board of County Commissioners by Town of Pahrump for permission to acquire the real property described as Assessor’s Parcel Nos. 038-251 -11, 038- 571-11,041-272-21 and 041-281-02; b. Determine that a public purpose may be served by the acquisition of the real property more particularly described as Assessor’s Parcel Nos. 038-251-11, 038-571-11, 041-272-21 and 041- 281-02; c. Adopt, amend and adopt, or reject Nye County Resolution No. 2025- 04: A Resolution Directing the Transfer of Nye County Treasurer Trust Property into Town of Pahrump Ownership for Public Purposes; and d. Fund $1, 713.30 in delinquent tax amounts from Fund 25101 Town of Pahrump General Fund.

Commissioner Strickland

I would like to motion property is deemed use for public purposed for our futures. Adopt 2025.04 I would like to fund $1713.30 from fund 25101 Town of Pah rump General motion

Commissioner Koenig

Second 5 Yeas 15. For Possible Action Discussion and deliberation to: a. Appoint four members to the Pahrump Arena Advisory Committee due to four expiring terms and one unexpired term from the following list of applicants: Larry S. Chapman, Christina Cothery, Annie LaHaye, Kamallit Singh Mann, Stephen Pastorelli, Mitchel L. Peterson, Kyrstyn Peugh, Loyce Seastrunk, Robert Tibbits; and/or b. Direct staff to re-advertise for the appointments.

Commissioner Strickland

motion to appoint Tibbets, Pastorelli, Mann, LaHaye with terms expiring January 2027

Commissioner Koenig

Second 5 Yeas Board of County Commissioners Minutes — 01/22/2025 Page 44 BOARD OF COMMISSIONERS /

Commissioner Liaison

I Representative positions for 2025.

Commissioner Strickland

There is a lot of blanks here that you’ll note that I am interested in. Item 8, the tn-party working group for Southern Nevada! I’d love to do that. 9, the tn-county weed, it’s the same thing. The quad state local government authority I work with Megan and with that one. If you guys would consider that. And the other blank is 24 which is Southern Nye County conservation district. If you’d like to consider myself for that that should round up everything that has to do with BLM and all that so if you all would consider that that’s the blanks that I see. Except for the Pahrump Valley Museum and Historical Society. I have set that board before and I would prefer not to. I am the secondary the alternate at that. So, if any of you others would consider it, I’d appreciate it. Thank you

Commissioner Boskovich

OK does anyone want the museum position. any of you to my left?

Commissioner Strickland

I will do it if you if you cannot find another, I have done it before.

Commissioner Boskovich

urn it sounds like we have a winner unless you want it or Ian it’ll be fun. What better way to learn.

Commissioner Koenig

I’ll take that one. I love the museum. It’s just knowledge.

Commissioner Jabbour

and I seemed to have some interests that are the same. #3 RTC, on the right-hand side there under all this is Jabbour recommended Koenig, so are you airight with me taking it because I’ve had it.

Commissioner Jabbour

are you referring to #3, RTC? I thought that was determined at the last meeting where it was voted on. I was the chair and that you were the vice chair. Is that not, correct? Samantha Tackett sorry for the interruption, I can just remove that line completely, so we don’t have this confusion.

Commissioner Boskovich

OK and while we’re at it let’s remove 27 as it doesn’t exist anymore. Samantha Tackett I was going to bring those up as well there’s 2, I’ll remove. There was nuclear, and a tourism advisory committee that are now dissolved Samantha Tackett Tourism is line 29 and the Pahrump Nuclear Waste and Environmental advisory committee was line 27. Those are going away had gone away so these lines will be removed. Board of County Commissioners Minutes — 01/22/2025 Page 45 18. For Possible Action Discussion and deliberation regarding selecting

Commissioner Liaison

I Representative positions for 2025. Cont...

Commissioner Jabbour

Yeah 29 is the Veterans Memorial that’s not going away I think you’ve already removed it.

Commissioner Boskovich

so I guess the way we do this fairly quickly is you just jump in and let’s hear what you want.

Commissioner Koenig

I’m going to jump in. On #13 Capital Improvements Advisory Commission committee? It’s got my name and Commissioner Bayne. That is part really of the Regional Planning Commission so that should remain with me. So, I’ve got that one. That clears that one up.

Commissioner Strickland

do you want to be the alternate on that one commissioner Bayne?

Commissioner Bayne

Yeah if it helps you yeah sure

Commissioner Boskovich

John on the local emergency planning committee is there an alternate on that one that is needed or no

Commissioner Koenig

I don’t know, I’m sorry I was I’ve never been on 15

Commissioner Strickland

there really should be someone on there should be somebody because if Koenig is gone, I don’t imagine everybody would volunteer

Commissioner Boskovich

if you needed me otherwise somebody else can help you OK alright perfect the

Commissioner Boskovich

PUC do you need a secondary on that one too or did we already give that to somebody my list is not updated is what happened because I turned in my paper on time but late or the rest of the day all of my stuff was not on I am not sure it said the 17th turned it in on the 16th but everybody else was already done

Commissioner Strickland

Yeah for sure we need an alternate on PUC. I think that would be a great one for Bayne, there you go.

Commissioner Boskovich

alright Ian, I like it. You’re our hawk.

Commissioner Bayne

yeah for sure. can I trade with you on emergency instead of that and you take that for emergency.

Commissioner Jabbour

I’ll do I’ll do emergency with John as the alternate emergency. Samantha Tackett and on the record please. Board of County Commissioners Minutes — 01/22/2025 Page 46 18. For Possible Action Discussion and deliberation regarding selecting

Commissioner Liaison

I Representative positions for 2025. Cont...

Commissioner Strickland

Public Utilities OK Bayne will take it that’s 17 as alternate OK

Commissioner Boskovich

on #is, I have John listed as primary me listed as secondary. Is that correct? Must be right, which ones have we not done? So, I’ve still got NACo with you. (Strickland) The only one I wanted to get involved with Bruce’s primary on number six and I was wondering if Ian and Bruce would be fine if I was secondary on 6.

Commissioner Jabbour

so OK yeah so here here’s how that one works is or it might be 5 which one of those two either one OK so #5 that’s fine you we do whatever we want. # 6, this vote this vote was taken in October for the two-year term so it’s 5.5 secondary and

Commissioner Koenig

32 yes you don’t want that library board. No, I don’t want to. I would prefer not to be primary on the library district

Commissioner Bayne

let me put it down, that’s a good idea. Do you think I should? That would be fun, just for just for comical purposes yeah sure

Commissioner Strickland

OK so Bayne goes on to liberty to his primary and you (Boskovich) will be secondary.

Commissioner Jabbour

you only have to read a book a week.

Commissioner Strickland

when we don’t have secondaries, I would assume that the commissioners will be OK if you’re the primary that you can get a hold of a commissioner and say do you mind watching this board for me because I can’t? So that’s done if Sam got it. Samantha Tackett no I didn’t get any of that. Manager Waggoner could we just go right down the list 1,2,3 and just name off what you guys have done. Samantha Tackett and please for the record state the body of the name not just the number on the on the back because the numbers aren’t right either

Commissioner Strickland

I’m going to make a motion all right. So NaCo primary Boskovich secondary Strickland. PRPC, Koenig, Strickland. Equalization, Strickland. Nuclear Waste Issues, Jabbour, Bayne. U.S. Department of Energy site specific can’t change it, Jabbour, Bayne. Tn parties’ Formal Interaction, Jabbour, Bayne. Tn party working group, Strickland. Tn-county weed group, Strickland. Tn-county working group Jabbour, Bayne. Quad Party Group, Strickland. western Interstate region Strickland. capital improvement advisory committee Koenig, Bayne. Nye County Jail Inspection to Board of County Commissioners Minutes — 01/22/2025 Page 47 18. For Possible Action Discussion and deliberation regarding selecting

Commissioner Liaison

I Representative positions for 2025. Cont... Jabbour. Local Emergency Planning Committee, Koenig, Boskovich. SNWIB, Boskovich. Public Utilities Commission, Strickland, Bayne. Quad State Local Government Authority, Strickland, and then the secondary is Megan Liberty. Central Nevada Water Authority, Strickland. Nye County Water District Governing Board, Strickland. Nye County Hospital District, Jabbour. Friends of Belmont Courthouse, Jabbour. Tonopah Conservation District, Jabbour. Southern Nye County Conservation District Strickland. Nye County Parks and Recreation Advisory Board, Jabbour. Pahrump Arena Advisory Committee, Strickland. Pahrump public lands advisory committee, Strickland. Pahrump Veterans Memorial Advisory Committee, did we decide? We are unsettled on that. May I finish the list please? The next would be from Valley Museum and Historical Society, it’s going to be Koenig, right OK Pahrump OHV Park advisory, Strickland. Pahrump Library District, Bayne, secondary Boskovich. SWCRDA, Boskovich. BOCC district Township 8, Jabbour. Nevada Board of Outdoor Recreation, Strickland.

Commissioner Boskovich

I would like to do jail inspections with Jabbour. # 14

Commissioner Koenig

Nye County Water District governing board I’ll take second on that.

Commissioner Strickland

so there is an amendment to what I just read that was a different one that I was talking of then. So did you get that one Nye County Water District governing board. Is there a second to my motion right now?

Commissioner Boskovich

thank you OK we have a motion and a second anybody else wants to? Let’s do public comment.

Commissioner Liaison

I Representative positions for 2025. Cont... Tim Bohanan-be nice to make sure that we had a stack up on water if we don’t have that. The other thing I’d like to suggest is, typically, if you’re talking about enterprise, whether it’s government whether it’s public or even private they often have audit committees that are available, and they usually address things like internal controls for reporting internal audit. External auditor comments and feedback fiduciary considerations and the like. I would suggest considering that if not now for next year Thank you. Closed PC

Commissioner Strickland

Pahrump Valley Museum, I was not the primary on that, the last three years. But, when I first started I was, and I went to the meeting.

Commissioner Boskovich

the last one was Commissioner Cox. Call for the vote: 5 Yeas

Commissioner Koenig

I’ve had it before but here’s my caveat, I am not a veteran you are.

Commissioner Jabbour

yes, and I’ve not had it before. The last commissioner was

Commissioner Koenig

so why don’t you and I take it together and we can both go to the meetings. If you can’t make it down for a meeting, I’ll be there. And they know me, they like me and I’ll introduce you.

Commissioner Jabbour

what a great idea! They don’t know me and they don’t like me so now we’re even. And the chair doesn’t like either one of us

Commissioner Koenig

motions dual responsibility

Commissioner Strickland

second 5 ayes Board of County Commissioners Minutes — 01/22/2025 Page 49

Commissioner Jabbour

Patty Sue Cottingim is the one member appointed to the Amargosa Library Board, exp. 2027. The other three, appointed with an expiring term of 2029

Commissioner Jabbour

I move to appoint Mike Cottingim with expiring term 2029.

Commissioner Jabbour

I move to appoint Douglas Baker and Beverly Bayne, term expiring January 2027.

Commissioner Jabbour

I move to appoint as stated for a term expiring January 2026

Commissioner Jabbour

I move to appoint Carlton Lee Green and Kenneth House for a term expiring January 2027

Commissioner Strickland

I move to appoint Joni Eastley and Cindy Kaminski for a term expiring January 2029

Commissioner Jabbour

I move to appoint Cindy Kaminsky as the county rep term expiring Jan. 2027 and Tern Baudoin and Robin Rivero as public at large members term expiring Jan. 2027.

Commissioner Jabbour

I move to appoint Elizabeth Beall and Nancy Maslach with terms expiring Jan. 2029 and re-advertise for the 3rd open position.

Commissioner Jabbour

I move to appoint Cheyeene Drayton, Tarina Elliott & Paul Whiteside terms expiring Jan. 2027

Commissioner Boskovich

Several months ago, former commissioner Carbone asked for the process of this and an accounting, like a total running thing and I don’t believe he ever got that. So, if we could check in to see whether he got that and if he did maybe you could share it with us.

Commissioner Strickland

Chair, I would just like to thank Samantha Tackett for gathering this so early in the year. We have in past years not really known what we were going to get, if we had to switch things up because of holidays and stuff. Samantha Tackett — that was actually Serena Otteson. I will pass that along

Commissioner Strickland

Motion to approve as written

Commissioner Jabbour

seconds 5Yeas Board of County Commissioners Minutes — 01/22/2025 Page 53

Commissioner Bayne

I just wanted for a point of clarification; the way this was written, and I looked at it a couple of times, and I have been approached by a handful of people, and it was a discussion question with staff regarding the split. More specifically this 100% of the cost and it’s put out a 21.7% of the cost of the intersection improvements are to go to the developer. And I will say that to me it’s provocatively written at best because it doesn’t say where the 78.3% is, but I have been told by pretty much everyone that I asked that knew that that is going to be shared by other entities and there will be no forwarding, no loaning, no payment by taxpayers of any of that 100%. So, 21.7 plus 78.3% all of that totaling at 100%, there is 0% being paid or fronted or borrowed or loaned or having anything to do with county money. Can I just confirm that with someone?

Commissioner Boskovich

They aren’t here but it is a case of development paying for itself much like Samantha Tackett - I believe I also have Mr. BoIling on the phone if you’d like to check.

Commissioner Koenig

while we’re waiting, I just like to comment and that I’m using this as an example and I have asked staff when they write the agenda items that the backup goes through things like this and explains completely to the public what’s going on. Because, I had the same questions. I had to go ask. I got the answer but now I’m getting emails from my constituents saying how come we have to pay. Well you don’t have to pay. So I’ve asked for more openness and more everything in the backup and the agenda items. There’s no reason that a simple question like that couldn’t have been answered in the discourse of this whole thing. So in the future, hopefully we’ll get back up and agenda items that people can get the whole picture.

Commissioner Boskovich

I would assume every one of us sitting here has gotten emails over this one because they were you know basically assuming that the county was going to foot the bill for their development. Which obviously is not the case.

Commissioner Jabbour

Commissioner Koenig, I readily understand exactly what you’re talking about. But here we are giving our administrative manager Sam Tackett kudos, and she’s the one putting together with Serena and the other admins assistance with all of this backup and all of this information that we’re reading. OK and in their minds it is clear. But just bringing to your attention that it’s not really clear, but it is clear as they’re putting all of this information together for us and they totally understand it and we don’t always understand it and I agree with you but at the same time you have to be a little bit lenient. Board of County Commissioners Minutes — 01/22/2025 Page 54 36. For Possible Action Discussion and deliberation to: a. Approve an offsite improvement agreement between Nye County and GNSL Pahrump, LLC for Kingdom Corner Commercial Development located at the southwest corner of Homestead and State Route 160 to participate in future improvements; b. Execute the Agreement. Cont...

Commissioner Koenig

I get that, but I would assume that once you guys get done with it, it goes back to the manager to read it and make sure that you got what they want and that’s where I want it fixed. Where they should be telling you “Oh no you’ve got to add in this that blah blah blah”. It needs to go to the people and me and the rest of the commissioners, so we know the whole thing.

Commissioner Bayne

I was told this is not the administrative staff that wrote this. I was told who it was that wrote this. I think that maybe just if I can speak for Commissioner Koenig, just moving forward we’ll try to look at this a little more. But I don’t believe it was the administrative staff that wrote this, and I’m not saying that it’s provocative that is purposeful, but it is provocative, and that people will look at that and say well where where’s the other 78% coming from. Which is, this is a valid concern, but you’ve got the administration staff puts together you know 1 Os of these things with hundreds of pages and I don’t think that they can be expected to pour through all of that and figure out in four days or however long they have to figure out every single thing that goes through. That’s probably our job, but maybe we can address that some other time. I just wanted to clarify so that there weren’t people lined up on the phone all saying the same thing. I yield back, Thank you.

Commissioner Koenig

it’s time that we let them know that we’re actively, well pursuing something to make it better.

Commissioner Boskovich

And, the general public, it’s not their job to be able to understand the intricate details of these things. So, if we can paint it in a more easily understandable way it’ll save us all headaches. Director Boiling To expand on what Commissioner Bayne was saying is, yes, there’s a 21% is going to be contributed by this developer, but Maverick contributed some, the Source contributed some, every site development, every subdivision, this is part of their traffic study and usually includes this intersection. So, it’s not just one person and then we have to foot the rest of the bill. It comes from multiple different developments, multiple different sources. The dollars that will go into actually developing this, whenever we go to rebuild this intersection.

Commissioner Boskovich

Right and one of the other things that you’re going to hear here in just a few minutes when I open public comment, you’re going to hear people talk about the safety aspect of this. And so, if you want to touch on that before we go there then you’re welcome. Board of County Commissioners Minutes — 01/22/2025 Page 55 36. For Possible Action Discussion and deliberation to: a. Approve an offsite improvement agreement between Nye County and GNSL Pahrump, LLC for Kingdom Corner Commercial Development located at the southwest corner of Homestead and State Route 160 to participate in future improvements: b. Execute the Agreement. Director Boiling Correct. When we look at the safety aspect of it. Our engineers look at the safety aspect of it and they also make sure that the development, whenever we get the plans in, we send them out to our traffic consultant. They review them, they send them back with their comments. We issue them back and forth and they are in charge of, ultimately, our safety and making sure things are done correctly and done by the letter of the law. And so we go from there. We have to trust our consultants. They’re the ones that get paid to do this stuff and they’re the ones that actually have the stamp to stamp it at the end of the day. Manager Waggoner — the only thing I would add to that is it’s not developer designed, it’s engineered.

Commissioner Strickland

One more thing. I’d like to point out that we are not approving a site development plan here we are just approving an agreement so that we all decide who’s paying for the road, period.

Commissioner Bayne

the only thing I noticed, this intersection is in my district. I’m pretty protective of that. I see that intersection more than I see any others. That one seems to have more of an urban problem feel to it than any other. Having grown up in Boston and Chicago. I would like to hear from everyone else. There’s just one thing here. There is a mention of a U-turn. So, the agreement is that we’re going to be OK if people go north on Homestead and if they miss that left turn, then they’re going to U- turn into 160. And I just can’t even imagine how that’s going to work. I don’t even know why that would be put in there. It’s just a strange thing to even have there. I wouldn’t be OK with that, but I don’t know that I’m willing to vote no on something based on that. Is that something that can be taken out easily? I don’t want to burden the developer for that, but if there’s some way to have the jurisdiction tell us that we have to allow people to U-turn into 160. I don’t know if that’s even legal. I’m more concerned about the decision makers and how they feel about the logic of having people U-turn turning into 160. Does anyone here have a problem with that other than me? I’m telling you that Board of County Commissioners Minutes — 01/22/2025 Page 57 36. For Possible Action Discussion and deliberation to: a. Approve an offsite improvement agreement between Nye County and GNSL Pah rump, LLC for Kingdom Corner Commercial Development located at the southwest corner of Homestead and State Route 160 to participate in future improvements; b. Execute the Agreement.Cont... people u-turning into 160, I was behind that accident where that child was killed, and I saw a guy go about 100 miles an hour past me and he was not going to stop for a u turner. That would have been a whole lot messier in that intersection. Cody Mckee to speak to the U-turn request, the developer is here. So, if you want to speak or if you’re curious as to what your concerns were. My understanding of it was mainly on the traffic distribution, so that traffic could make a U-turn movement and come back to the development. There were talks when this intersection improves in the future that a center turn island would be constructed all the way to Alfalfa, restricting left turn movements on your northbound traffic. So if it met NDOT requirements, then you would have the possibility of traffic being able to make a U-turn to come back to that development.

Commissioner Bayne

Mr. DA, may i ask is that even enforceable on us, this agreement to do that? DA Kunzi well I think the thing that has already been mentioned is that nothing happens on 160 without NDOT. So, you know again, this all has to go through NDOT approval but I don’t I’m not sure I understand the question of what’s enforceable.

Commissioner Bayne

If you have an agreement with them and they say you’re going to allow people to make a U-turn and we say later on, well, this is it’s too dangerous. Are they going to be able to take us to court and say look at this agreement you signed. Is that enforceable? DA Kunzi well therein again, that’s part of this. The whole process is nothing happens on 160 without NDOT. Again, we have no control over what happens with 160, zero control. That is completely controlled and dictated by NDOT and some of the things we’re talking about as far as going back down Homestead or you know those areas like that are within our control, but what you’re specifically talking about is something that will entirely be dictated by N DOT, and whatever studies they do.

Commissioner Bayne

So, maybe I’m mistaken. Is this the same agreement that goes to the state? Is that why this is in there? I understand that, just so people know on the phone if they’re on the phone, they’re mad about it. Because I have a problem with that. But what the DA’s saying, I understand now is that this is the same agreement and please someone confirm that on staff. This is not in there for us, that’s there for the benefit of the state. That’s going to make whatever decision because we don’t have jurisdiction for 160. the only other thing I would mention and I don’t want to make I’m not Board of County Commissioners Minutes — 01/22/2025 Page 58 36. For Possible Action Discussion and deliberation to: a. Approve an offsite improvement agreement between Nye County and GNSL Pahrump, LLC for Kingdom Corner Commercial Development located at the southwest corner of Homestead and State Route 160 to participate in future improvements; b. Execute the Agreement.Cont... going to make an issue out of it but this condemnation, I don’t know if we can just maybe in the future, make that a condition of development.

Commissioner Strickland

motions to approve offsite improvements as written

Commissioner Koenig

second 5 Yeas 17. For Possible Action Discussion and deliberation to: a. Approve, amend and approve or reject three (3) contracts for Public Defender Services from the following list of applicants: Angela J. Lizada, Esg., Christopher Harrison, Esg., Karen L. Hanks, Esg. with an effective date of January 27, 2025; and b. Fund $74,434.80 from Fund 10101 Judicial Other Department. Asst. Manager Dillinger — I need to make a clarification. The funding is per contract Applicants: Angela Lizada I am from a very small town, with a class 41 people. We had to drive 30 miles to get to nearest gas station, grocery store. So, with that I’m very used to small town atmosphere. Las Vegas was a big change for me. I have actually been traveling to both Tonopah and Pahrump a lot over my career. My first time doing a hearing in Tonopah was about 12 years ago representing an employee for the state of Nevada. I started doing cases out here in Pahrump about 10 years ago. The last three months I’ve been out here about a dozen times representing people. I’ve represented family law clients, criminal clients, and juvenile clients in Nye County. I’ve been practicing law for over 15 years. With what we’re looking for with the public defenders, part of the contracts does deal with the juvenile cases and DCFS cases, of which I have countless cases, trials in that arena. On the criminal side of things, I have done dozens of cases, but the biggest thing is I have not done criminal trials because all of my cases have settled. A lot of those have been very serious felony cases, including sex crimes, DUI with substantial bodily harm, but I like to be very creative in negotiating and advocating for my clients. So, with that I think that’s kind of my relevant background. If anybody has any questions for me? Thank you. Christopher Harrison I first started coming to Pahrump with Jonathan Nelson. I’ve been coming out ever since, actually every few months, every few weeks. And then, Board of County Commissioners Minutes — 01/22/2025 Page 59 17. For Possible Action Discussion and deliberation to: a. Approve, amend and approve or reject three (3) contracts for Public Defender Services from the following list of applicants: Angela J. Lizada, Esg., Christopher Harrison, Esg., Karen L. Hanks, Esg. with an effective date of January 27, 2025; and b. Fund $74,434.80 from Fund 10101 Judicial Other Department. Cont... starting probably in July, I got the opportunity to become part of the contact list of the public defenders. About every day, four times a week, three times a week since July of last year. Felonies, misdemeanors, two jury trials against fine deputy Das. Decent outcomes and making friends with the public defenders here. They’re great people. I grew up in southern Arkansas, small town, familiar in Las Vegas now 20 years. And I’m grateful to be here. I love it. Criminal offense is my exclusive practice of law now; I don’t want to do anything else I’ve done family law juvenile DCFS. We’ve been pushing the State for a bunch of money. That’s actually all I got for you guys. Karen Hanks- I do not have criminal experience. You’ve read enough about me, so I won’t repeat everything, but I don’t have criminal experience. I went on a civil track. I have been practicing for 20 years, but I do have extensive appellate and trial experience. I’ve actually lost count of how many trials I’ve done. I think I’m in the range of 50, between my jury and bench trials. I’ve argued at the Nevada Supreme Court at least a dozen times. In fact, I’m proudly wearing my pin that Justice Stiglich gave me after one argument, and I have argued at the 9th Circuit Court of appeals. I think I’m 25- 30 times. So, I do have the background in terms of what would be necessary for that actual skill set. The subject matter, I can be a quick study, and I can learn that. And I’ve often wanted to do criminal work. My trajectory went civil, but ever since I started practicing in Nevada, I’ve only ever practiced in Nevada, actually I do pro bono work. I’ve always done pro bono. I’ve tried to have at least three to four cases on any given basis. We’ll often get emails from the legal aid society, they have an urgent matter, and I like to sign up for those. I want to do that, so I’m always keeping my schedule open to be able to do that. It’s really been the most rewarding part of my practice. You know in the civil arena, I’ll admit have been really working and making sure people stay rich. I mean that’s really where I did a lot of my work, but the most rewarding work has been the pro bono and representing the indigent. I’ve represented juveniles, I have represented people in prison, I’ve represented elderly clients and anyone in between. So, when this opportunity came about, I really thought, well this would be an opportunity to do it on more systemic consistent level and in a rural community even more. And that’s where I think really where we need the representation and so that’s why I wanted to offer my name in the hat and hope that you consider me. If you have any questions, I’ll be more than happy to answer them. Asst. Manager Dillinger The County will fund the contracts. Once we reach our maximum contribution, that total amount will be reimbursed. I report quarterly to the state and then at the end of our fiscal year, the reimbursement will be submitted to Nye County. I’ve already run our two quarters and then looking at projecting our third Board of County Commissioners Minutes — 01/22/2025 Page 60 17. For Possible Action Discussion and deliberation to: a. Approve, amend and approve or reject three (3) contracts for Public Defender Services from the following list of applicants: Angela J. Lizada, Esg., Christopher Harrison, Esg., Karen L. Hanks, Esg. with an effective date of Jan uarv 27, 2025; and b. Fund $74,434.80 from Fund 10101 Judicial Other Department. Cont... quarter, we’ve reached our maximum contribution. So, if up to three contracts, will be fully reimbursed to the county.

Commissioner Boskovich

Mainly asking that for the public, so they know were not just growing government here. To the applicants, we have a really good team of public defenders, some here some from Las Vegas, I don’t want you to be LAX on getting to Pahrump. I want you to be able to come to Pahrump.

Commissioner Strickland

I would like to ask assistant manager, in our process we have the Department of Indigent Defense services. With each applicant there are a list of eligible providers and what they can do. When I look at all three, they all have the same exact thing. They’re available to do misdemeanors, direct appeals, non capital and juvenile. But then there we have one candidate that is qualified to do gross misdemeanors and category E, D,C and B felonies. So how much would that work fall on that individual should these other two also be considered for this position? It’s not an equitable mix, so I’m afraid that one lawyer is going to get more than the other two. Asst. Manager Dillinger Yes, that is absolutely possible and depending on what type of cases, if they can sit second chair to get that experience.

Commissioner Strickland

Does that take very long? The experience granting? DA Kunzi Well it depends on the number of trials they do. The other thing to consider is not just these three. These three are being added to the contracts we already have so those attorneys who can do the A and the B’s, they’ll get those cases and basically any of the lower-level cases that they might be handling would be pushed down to these attorneys. So, everything will spread out. It’s not just these three that are dividing it. You have to consider the whole mix of 6, the other six we have. The other thing is DIS is actually still insisting that we get three more on top of this, which I pushed back very hard. I don’t understand, I think that that’s an overreach from some of the requirements from the state trying to tell us that we needed that many contracts. But the other thing is that I do like particularly a couple of these applicants here. The DCFS and juvenile court is very undermanned. We really need assistance badly in that area and that’s one that works very well. And again, they are very qualified to do that. We need attorneys who are very dedicated to that, and I suspect that they would be able to get a lot of those cases. That’s really a very growing area as far as the juvenile cases in the DCFS cases. And so that’s a pretty critical element. this yes Board of County Commissioners Minutes — 01/22/2025 Page 61 17. For Possible Action Discussion and deliberation to: a. Approve, amend and approve or reject three (3) contracts for Public Defender Services from the following list of applicants: Angela J. Lizada, Esg., Christopher Harrison, Esg., Karen L. Hanks. Esg. with an effective date of January 27, 2025; and b. Fund $74,434.80 from Fund 10101 Judicial Other Department. Cont...

Commissioner Jabbour

I’m good chair. Commissioner Strickland answered all of my questions of the letters and I just wanted to bring to their attention that you were all aware councilors of your letters from DIDS and what you qualified for and what you’d be able to take on etcetera. Councilor Lizada, just so you’re aware, by going back and forth from Pah rump to Tonopah, it does snow up in Tonopah. I know you don’t like it, but it snows up there

Commissioner Boskovich

l want to say, I have been in Judge Wankers court, to observe and just last week Commissioner Bayne and I were in Justice Court and watched both of those judges. Tim Bohannon- what is the selected criteria that you’re looking for. I’m hitting it from a different angle from the finance side. There was suggestion to get all three all three would be good, weigh that from a budget standpoint if it fits, then then that sounds good. But if it doesn’t fit, be careful. Make sure you get the right selections. But Judge Walker has some pretty good ideas. Thank you. Beth Borysewich As for these attorneys I understand what the judge is saying. We need somebody with experience. We need somebody that’s dedicated, and they need to hit the ground running. So, if any of these young attorneys can actually learn how to handle the felony charges in such a quick time, that would be worth noting. However, it doesn’t sound like any of them have any kind of felony experience. So, I don’t know if we should continue this and re advertise but I go along with what the Judge says. Thanks a lot. Board of County Commissioners Minutes — 01/22/2025 Page 64 17. For Possible Action Discussion and deliberation to: a. Approve, amend and approve or reject three (3) contracts for Public Defender Services from the followjnq list of applicants: Angela J. Lizada, Esg., Christopher Harrison, Esg., Karen L. Hanks, Esg. with an effective date of Jan uary 27, 2025; and b. Fund $74,434.80 from Fund 10101 Judicial Other Department. Cont... David Schieck-. I’m here to answer any questions. We do urge you to adopt all three contracts. We recognize that not all of the attorneys have equal amount of experience. We’ve been discussing training program and a mentoring program to bring the three new attorneys up to speed as quickly as possible. We’ve discussed dividing up their responsibilities where they’re going to get the misdemeanors as they get started and work them up toward felony cases. They’re going to be working closely with the attorneys we already have and so we really need more attorneys out here. The caseload is so extremely overboard that as the District Attorney noted we are urging three more positions. We’d like to re-advertise those we’ll be talking to the county about those positions; looking to get category A qualified people and perhaps raising the amount of the contract to get those people interested in coming out to Pahrump. as was noted there were only three applicants for this position this time and that has to do with the amount that was set for the contracts. That’s something that we’re going to have to look at in the future is increasing the amount of contracts not only for the new attorneys but for the existing attorneys. The DiDS has statewide enacted hourly rates of $172.00 an hour for court appointed cases and if you calculate that into the amount of these contracts that really doesn’t equal out. I’ll answer any questions you have.

Commissioner Strickland

I just want to point out that Judge Wanker wanted to hear from you, and she just did if she was listening. She mentioned you by name. That is terrific, that is what we needed to hear from you today because we may have looked at this differently but if you did see that this can work, Judge Wanker needs to hear that because you are going to support this group of lawyers so they can move on up is what you’re telling us. Joni Eastley- I am a current member on the board for indigent defense services that was created by NRS 183 within the office of indigent defense services, I support awarding the contracts to the applicants who have appeared before you today. I just want to say that we consider the county and county staff to be important partners in the delivery of indigent defense services in nye county. And thank you for your thoughtful consideration of this item. Close public comment

Commissioner Jabbour

Thank you Mr. Schieck. I know a couple of attorneys from my experience that have never won a case in their career. And well they weren’t my attorneys, and so you obviously know these three candidates better than we do and you actually encourage and urged us, according to your words, to strongly consider them. Board of County Commissioners Minutes — 01/22/2025 Page 65 17. For Possible Action Discussion and deliberation to: a. Approve, amend and approve or reject three (3) contracts for Public Defender Services from the following list of applicants: Angela J. Lizada, Esg., Christopher Harrison, Esg., Karen L. Hanks, Esg. with an effective date of January 27, 2025; and b. Fund $74,434.80 from Fund 10101 Judicial Other Department. Cont... And so, Sir, I’ll ask you what their success rates are in their cases and their caseloads from their past and current that you know of.

Mr. Schieck

I do not have that information. I cannot answer that question. The applications came into the county; they reviewed those applicants. All three are on the DiDs list for taking appointed cases. I believe DiDs supplied a letter indicating there their qualifications what levels they’re qualified for, but we don’t necessarily look at how many cases you’ve won and how many cases you lost in assessing whether or not someone is doing a good job in a criminal case.

Commissioner Jabbour

thank you for that and that was not a trick question. We’re trying to ascertain as much professional information as possible and as Judge Wanker called in and said you know some of their frustration, the judges, and I’m certain that she’s not alone in this. These concerns and that she wants, they want qualified people to come before them and do the best service that’s possible for the clients. But it’s unlikely, and please correct me if I’m wrong it’s unlikely that a newly appointed PD would be assigned to such a case as she described.

Mr. Schieck

to a category A case, that’s correct. And even in the public defenders’ offices such as in Clark County, they hire new attorneys who are out of law school that have no experience, and they train those attorneys and eventually they’re able to handle those category A cases. They start them in the misdemeanor courts and work them up and that’s sort of what we have in mind when we look at these three applicants. All three of them are experienced attorneys. Some of them, appearing before the 9th circuit, is not an easy thing to do, and to hear that someone’s done that on multiple occasions we know that person has litigation skills that we’ll be able to use in a criminal courtroom.

Commissioner Koenig

what you’re saying then is you would take these three or any of them if there were more, but some of them need molding and training in order to do that higher level. And you’re promising me that you’re going to see that that happens and they won’t get assigned to a murder trial the day after tomorrow. So, if we appoint all 3, we don’t have to worry about that one is a little less then the other two?

Mr. Schieck

DiDs is going to do that, not me personally. But DiDs does the assignment of cases and will be making those decisions, and I’ll be reporting to DiDs on what I see on how they perform in the courtroom. That’s part of my role, that’s why I’ve been in Judge Wanker’s courtroom and Judge Vitto’s courtroom and Judge Lane’s courtroom on a regular basis. In Judge Fiori’s courtroom in the past. and in Judge Foley’s courtroom this morning. Because I report to DiDs on how the attorneys are doing and these Board of County Commissioners Minutes — 01/22/2025 Page 66 17. For Possible Action Discussion and deliberation to: a. Approve, amend and approve or reject three (3) contracts for Public Defender Services from the following list of applicants: Angela J. Lizada, Esg., Christopher Harrison, Esg., Karen L. Hanks, Esg. with an effective date of January 27, 2025; and b. Fund $74,434.80 from Fund 10101 Judicial Other Department. Cont... attorneys know that, and they say that I’m overseeing them. I do report on how they do and Judge Wanker’s aware of that I’ve had discussions with her concerning these issues.

Commissioner Koenig

motion to approve 3 contracts for public defender services as written, with effective date of January 27th 2025, and fund $74,434.80 per contract from fund 10101 judicial other department

Commissioner Jabbour

second - 5 Yeas 30. Report by Helen Bae, regarding the budget status for the 2nd Quarter of Fiscal Year 2025. for Nye County and all sub-entities. Helen Bae states the general fund has two main sources of income. One is consolidated tax. The thing about consolidated tax or sales tax, it gets remitted to us by the state and they’re always two to three months late. We still forecast that we will receive everything that was estimated for sales tax. The next large proceed is from property tax and this is because we directly build property assessments and revenue from our taxpayers. We are right on track at 51.8% received so that’s good and the far right is just to show you percentage right around this time last year how we’re doing and we’re pretty much on track compared to last year at the same time. Moving on to general expenditures, we saw a wild fluctuation in November because we had the NCMEA managers collective bargaining agreement. A one-time lump sum retroactive payment in salaries and benefits pers retro for 31 members of NCMEA totaling almost $1 .4 million. This retro payment spans 2.5 fiscal years, that’s why it was so high. We’ve also had a higher payout under miscellaneous in general, because we contribute to risk management fund and so we do operating transfers out of this number 95 department and of course we have higher insurance rates for everything across the board.

Commissioner Strickland

I want to know why the comptrollers’ were up 73% and clerks up 86% over last year. Helen Bae with the clerks, an invoice was paid for the ballot sorter which was $445,000, and that hit the clerk’s department budget. It was unexpected.The reimbursement came in the prior fiscal year, so we got the money, but we didn’t pay the bill for the ballot’s sorter until fiscal year 25 so there’s a mismatch of having the money recognized in 24 and then having this huge expenditure coming out of the budget. We will do this right and wash it out and so you will no longer see the spike of $445,000 Board of County Commissioners Minutes — 01/22/2025 Page 67 30. Report by Helen Bae, regarding the budget status for the 2nd Quarter of Fiscal Year 2025, for Nye County and all sub-entities. hitting the budget for the clerk. By third quarter it’s going to be gone. The Comptroller is up 73% because we had a retro payment for me and two managers. There is going to be a spike all the way across from where there’s a manager salary of retro payments, you’ll see a percentage spent that is more than 50% and that evens out for the rest of the years. The next report is for other Nye County funds the first column, the code the 1St 2 digits of that code signifies the town or the county and 10 is county 25 is Pahrump as you’ll see later on the last three digits anything that starts with a two or three signifies it’s a special revenue fund dedicated only for special uses, so the NRS dictates what you can use that fund for. We have received it in almost $1,000,000 in opioid settlement funds and so we have to separate that and guard it and make sure that no expenditures leave it except for very specific reasons.

Commissioner Strickland

10210 veterans services and why it is up 2500%? Helen Bae because around this time, and it’s just timing it’s not that we don’t spend this, is just at the time of year we had just funded a veteran funding program of $15,000 and because of that it has spiked the actual burn of that fund, but as far as year over year at the end of the year it’s not going to be budgeted around the same amount as last year’s.

Commissioner Strickland

so we got the same problem when it comes to JP facilities assessment which is 7500%.

Commissioner Jabbour

do we know who the liaison is to the veteran services? We aren’t looking so good John. Helen Bae whenever we do have applicants for subsidies and funding requests they do come into our admin office, and they are thoroughly investigated and vetted. Andt hen released and routed for signatures and then it does come before the board, and you approve it. It’s only when you approve it and we pay out that’s how it gets there, so we do come before you and get permission to fund these nonprofits or any programs that are hitting these funds. Veteran services is one of them, health clinics is another OK so then we’ll go on to Pahrump, the next page. So, there is a story with Pah rump Fall Festival. Fall Festival is from the legacy system; the initial accounting board is through QuickBooks. From the legacy Town of Pahrump accounting, we still have transactions flowing and recorded from QuickBooks. Our auditor does not like that, but we have been working to let go of QuickBooks and bring all our transactions into both revenues and expenditures into our accounting system Eden. Our new accounting person can ensure that all transactions are captured in our system of record, which is Eden and not QuickBooks. At this point, we’re migrating off of Eden because it will be Board of County Commissioners Minutes — 01/22/2025 Page 68 30. Report by Helen Bae, regarding the budget status for the 2nd Quarter of Fiscal Year 2025, for Nye County and all sub-entities. sunset in FY27, we are migrating to a more modern version with the same vendor, just a very much a modern version of the same book of record.

Commissioner Strickland

is that the reason this Fall Festival thing, is that why I can’t my Pahrump arena advisory committee cannot get any accounting for the for the rodeo in the fall festival from staff. Is this whole thing kind of convoluted right now? Helen Bae I’m not sure. Yes, there are extra steps so there might be more difficulty getting accounting records because it’s not originating in Eden so it’s not readily available. The next three, which are Beatty, Gabbs, and Manhattan all look great. I want to point out Manhattan Town. It has a population of 146 people there, so they are being looked at because their cash flow is suffering and I want to point out that the main reason for that is that they have infrastructure needs and they don’t have any employees however we, Nye County, charge for our labor. Being a tiny town and not receiving in but $9000 in a one year for sales tax and another $9000 in property tax. There’s not much money coming into the town to sustain it, so that is a concern that we have to watch carefully, because currently they are in a negative cash situation and their general fund is not receipting in enough to support the water. The Manhattan water funds’ only source of revenue is an operating transfer and charges for services, but if you think about it with 146 people in a declining property assessment value that has been declining for the past three years, I mean that paints the picture that you know is not bringing in enough steady revenue to support itself. So, this will probably come up before you again and if it gets to a worse situation then we’ll probably hear from D-tax. We do have to report quarterly on the economic condition of our towns, so we do have to disclose, and we make known that we’re watching it. And this may not be good. That’s all I have. Thank you. Closed Board of County Commissioners Minutes — 01/22/2025 Page 69 ***31 For Possible Action Discussion and deliberation to approve or reject a position reclassification of an existing, budgeted position, including the increase to the 2024-2025 fiscal year budget by reclassifying a vacated Eligibility Worker position to an Accounting Secretary position. Karyn Smith Director of HHS- provides a brief overview of what she is trying to do with this position, filling it with a higher position in order to have two full-time employees and keep the Tonopah office open full-time. Also to help with the transition to Senior Nutrition.

Commissioner Strickland

Comptroller, can we budgetarily do this? Helen Bae yes and outlines the reason it is coming in front of the board.

Commissioner Strickland

motions to approve position as stated

Commissioner Koenig

seconds 5 yeas. 32.For Possible Action Discussion and deliberation to: a. Accept a Funding Agreement with NyE Communities Coalition to provide funding for a case manager, case worker and services to the community through the FASTT/MOST Program for calendar year 2025 in the amount of $94,854.00. No County match required; b. Execute the Funding Agreement; and c. Fund to 10283 Indigent.

Commissioner Bayne

Questions whoever is presenting this, are you familiar with COSSUP. Karyn Smith I know COSSUP was part of the funding that Nye communities coalition was receiving. There are a few different funding sources to fund this program.

Commissioner Bayne

this is the same program as the COSSUP program? It goes to 12/21/25. DJ Mills states it is a different funding source that helps contribute to the efforts of the deflection program. Its more regional.

Commissioner Bayne

states comprehensive opioid stimulant and substance use program. Reads from a big packet of information and states it is available if he wants to see it. One of the goals of this is to prevent unnecessary entry into the criminal justice system. Question, who is deciding about whether or not this is necessary and its an entry into the criminal justice system? DJ Mills - Law enforcement Board of County Commissioners Minutes — 01/22/2025 Page 70 32.For Possible Action Discussion and deliberation to: a. Accept a Funding Agreement with NVE Communities Coalition to provide funding for a case manager, case worker and services to the community through the FASTT/MOST Program for calendar year 2025 in the amount of $94,854.00. No County match required; b. Execute the Funding Agreement; and c. Fund to 10283 Indigent. Cont...

Commissioner Bayne

The three allowable uses for COSUP are 1. Law enforcement and other providers diversion programs, 2. Naloxone, 3. Identifiable and accessible take back programs for unused controlled substances. If law enforcement makes that decision, you’re asking law enforcement to divert criminals away from law enforcement into your care. DJ Mills Law enforcement often interacts with individuals who have needs that don’t rise to a level of incarceration where they would prefer to connect that individual with social services and appropriate programming, as opposed to arresting them.

Commissioner Bayne

inquires in regard to the podcast Mr. Mills was in on July 26th, 2024, and asks what a co-responder is. DJ Mills A co-responder model is where a clinician and a specially trained behavioral health peace officer will both respond together usually in a singular vehicle to provide appropriate services for the individual who made the call. Across the state they would go in a car that is generally operated through the Sheriffs Office with a social worker in the car. Not applicable to Nye County yet.

Commissioner Bayne

Police chief magazine says, and maybe they’re wrong here, in deflection law enforcement officers are not the lead problem solvers in the situations they encounter. You said that they are the lead problem solvers, so we have a discrepancy here. DJ Mills I think problem solver could be open to interpretation. The discretion of an arrest would be at the hands of law enforcement.

Commissioner Bayne

It says that officers will need to engage and rely on healthcare and Human Services providing clinical care. What do you mean by who’s responsible because you had said that the officer would be responsible but that’s just a matter of interpretation based on whose interpretation? DJ Mills that the discretion of whether or not to perform an arrest would always be in the hands of the individual qualified to do that. In this situation that would be the law enforcement partners. The law enforcement officer can choose to lean on the clinical Board of County Commissioners Minutes — 01/22/2025 Page 71 32.For Possible Action Discussion and deliberation to: a. Accept a Funding Agreement with NVE Communities Coalition to provide funding for a case manager, case worker and services to the community through the FASTT/MOST Program for calendar year 2025 in the amount of $94,854.00. No County match required; b. Execute the Funding Agreement; and c. Fund to 10283 Indigent. Cont... experience in a co-responder model then they would be seeking our assistance in helping the individual not in deciding on whether or not to arrest.

Commissioner Bayne

Are you going to mandated this as part of the program and what if law enforcement doesn’t want these guys in their cars? What happens then. DJ Mills then they wouldn’t be in the cars because this program is more than simply the Co responder model. This is also the forensic assessment services triage team, the FAST model. And the MOST model.

Commissioner Bayne

So, my understanding of the program is the clinician riding along with law enforcement, the social worker, whether or not they’re the lead problem solver. Nevada legislature exhibit F healthcare document that says the FAST team committee’s goal is to determine the best way to work with law enforcement to avert arrest. I guess you the presumption that the best way to handle crime is not to arrest the criminals. DJ Mills FAST is a deflection program that happens after arrest where we meet them in jail. We don’t intervene or do anything on the legal charges. What we do know is that on a national perspective 95% of individuals in a jail will be released back into the community. And so we want to address their drivers of criminal justice involvement by planning for successful reentry starting while they’re in the jail.

Commissioner Bayne

, I’m not trying to impeach your credibility but there’s a lot of differences from what I’m reading and from what you’re saying. My position is that we have a community that needs more police on our streets, more fire, and I don’t believe in having social experimentation to coddle people who come here to commit crimes. I mean the whole situation is such that when you create a social experimentation zone out of this town, and you send out that signal it’s ok to come here, and if you get arrested then you’re going to have a social worker to try to deflect and try to de escalate. I just don’t think that spending money on a social experimentation program that’s part of some liberal ideology to coddle people who come here or who are here to commit crimes. I can’t vote for this when we need money for law enforcement, we need money for all kinds of other things here to protect this community, I don’t think this protects this community I think it exposes this community. Does Las Vegas do this? Board of County Commissioners Minutes — 01/22/2025 Page 72 32. For Possible Action Discussion and deliberation to: a. Accept a Funding Agreement with NyE Communities Coalition to provide funding for a case manager, case worker and services to the community through the FASTTIMOST Program for calendar year 2025 in the amount of $94,854.00. No County match required; b. Execute the Funding Agreement; and c. Fund to 10283 Indigent. Cont... DJ Mills I think that Henderson is putting on a similar program together. Las Vegas has different programs. What we have found across the state is that these programs are particularly effective in rural communities because of the limited resources and the need to help individuals navigate the available resources to set them up for success. I agree that law enforcement is an essential piece towards resolving this problem and I would like to see law enforcement be able to focus on the population that can best benefit from that incarceration. Law enforcement gets called out for a variety of types of calls and responses and that causes a drain on the systems that are there to protect us. Our program can handle some of these issues that individuals are having in our community. This program serves local community members and does not serve the population with heinous crimes. We are trying to help individuals with behavioral health needs address their needs. It’s impactful for the population we serve, and it typically opens up resources so that law enforcement can do what they do best.

Commissioner Bayne

My problem with opioid stimulant substance abuse programs is your going to attract the things that you are there to serve. I don’t believe this community is built to be able to prop up an entire industry of opioid stimulant and substance abuse program service. My concern is that we just don’t have the ability to cater to this kind of community here. We need enough police to stop all the bad things that happen in this community. You’re asking us to take a risk on all of these conceptual ideas. DJ Mills talks about how long this funding has taken place.

Commissioner Bayne

I got this from your own metrics at its National Institute of Health. it spikes right after there in 2020, when it happens it shoots off. I don’t approve of what the Biden administration did and this being a likely product of that. I can say that you’re passionate about it and not for any nefarious purpose, but I just disagree with this, and I just want to thank you for your time. DJ Mills The 2020 pandemic occurred that greatly impacted the increase in substance usage. Board of County Commissioners Minutes — 01/22/2025 Page 73 32.For Possible Action Discussion and deliberation to: a. Accept a Funding Agreement with NyE Communities Coalition to provide funding for a case manager, case worker and services to the community through the FASTTIMOST Program for calendar year 2025 in the amount of $94,854.00. No County match required; b. Execute the Funding Agreement; and c. Fund to 10283 Indigent. Cont...

Commissioner Strickland

did not do in-depth research but would have liked to hear from the Sheriff. I like to support law enforcement. She expresses her confusion.

Commissioner Boskovich

I think the big issue is a lot of these programs get a bad rep because a lot of the dollars go to salaries and things that aren’t the people that need the Board of County Commissioners Minutes — 01/22/2025 Page 74 32.For Possible Action Discussion and deliberation to: a. Accept a Funding Agreement with NVE Communities Coalition to provide funding for a case manager, case worker and services to the community through the FASTTIMOST Program for calendar year 2025 in the amount of $94,854.00. No County match required; b. Execute the Funding Agreement; and c. Fund to 10283 Indigent. Cont... money or need the help. So ultimately, it’s a very large problem that is not going to be solved right here but I don’t know. Do we want to continue?

Commissioner Strickland

We need to look for answers. We should not just disregard the concept, and I want to know what this looks like.

Commissioner Koenig

motion to continue this item to the next Pahrump meeting.

Commissioner Strickland

second 4 yeas and 0 no votes and 1 no vote (present). 33. For Possible Action Discussion and deliberation regarding a request to set a date, time and location for a Public Hearing on Nye County Bill No. 2025-02: A Bill proposing to adopt an amendment to the Development Agreement between Nye County and Cedar Trees, LLC, to extend the agreement an additional five (5) years; and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto.

Commissioner Koenig

motion to set the public hearing for 2/19/25 at 10 am in Pa h rump

Commissioner Strickland

I have received no complaints about this.

Commissioner Bayne

inquires to the fees and the amounts they are adjusting too.

Commissioner Strickland

motion to approve the item as written

Commissioner Koenig

second 5 yeas. PUBLIC WORKS 35. For Possible Action Discussion and deliberation to: a. Approve, amend and approve, or reject a Memorandum of Understanding with The United States of America and Nye County to grant a revocable license to enter into and upon the Tonopah and Beatty Airport in order to conduct military training; and b. Execute the agreement. Darin Tuck We have had discussions with the military and I did not see any problems with the operations and maintenance of the airport; there won’t be anything spectacular out there. Director Boiling amendment needed- paragraph 8 in the MOU last line. Any payments by the government under this MOU are subject to the availability of funds. We will remove that line then it makes it so that no matter whatever the negotiated cost is they have to pay.

Commissioner Jabbour

Thanks for bringing that to our attention. Then that goes back to Page 1 under #6, the joint surveying inspection and then #8 compliments that paragraph. I wanted to bring to the board’s attention before we went forward.

Commissioner Jabbour

motions to amend and approve the MOU with the United States of America and Nye County with the removal of the last sentence on page 2, number 8 and execute

Commissioner Strickland

seconded 5 yeas.

Commissioner Koenig

I think I gave my direction to staff this morning, I am going to try to allow myself only one per meeting, but I am sure I will break that.

Commissioner Jabbour

No I think the DA spoke enough so I will yield back.

Commissioner Strickland

I just hope you use that gavel really shortly.

Commissioner Boskovich

I just want to say thank you to everybody for being here. And also, there was a question on one of the liaison positions, when it was read back. It was being questioned whether Commissioner Ian Bayne was listed as second to

Commissioner Bruce

Jabbour. Staff can you check. Samantha Tackett — I will check. DA Kunzi shared with the Board, a sign in German that said, “At least my problem area is not located behind my forehead.” Samantha Tackett so for the Nuclear Waste Issues (ECA and all others), I have

Commissioner Jabbour

and Commissioner Bayne.

Commissioner Boskovich

that was me, we switched it. Samantha Tackett ok I will switch it to you.