April 21, 2020

Commissioner Blundo

mentioned the HR5717 letter he would like to get before the Board. He would also draft and bring to the Board another letter to send regarding Yucca Mountain. He then announced that Golden Gaming had something in the works for the high school seniors and asked everyone to support the local businesses.

Commissioner Koenig

said he was on the COVID-19 task force and the numbers were weird right now. He would find out later today what the numbers really were and said social distancing seemed to be working. Sam Merlino advised her Pahrump office was now closed as well. The judge put out an order this morning and all work was being diverted to Tonopah so she was bringing her Tonopah staff back full-time. Everyone was at least six feet apart. On Friday she sent the current voter file to the vendor to process the mail-in ballots. If someone updated their address right now, the ballot would be sent to the address on file and then returned April 21, 2020 2. Commissioners'/lVIanager's Comments (This item limited to announcements or topiclissues proposed for future workshops/agendas)-Cont'd. by the post office at which time a new ballot would be issued . If someone changed their party right now their ballot would have to be cancelled and another one sent. The ballots would go out in the next week or so and Mrs. Merlino asked the voters to let her office know of any changes so they could reissue the correct ballot style. Since this was a mail-in election Mrs. Merlino asked if she could use the Commission chambers in Tonopah to process the ballots so she could live stream the process for people at home to watch to alleviate some of the fears of voter fraud. That process would start the Wednesday prior to Election Day. Treasurer John Prudhont said he had received quite a few questions and requests regarding the on-l ine payments people made and the convenience fee. He explained the convenience fee was not charged by the Treasurer's Department but rather the third-party vendor providing the credit card service. There was a drop box on the side of the building people could use if they did not want to pay the convenience fee , but he asked people not to drop off cash to ensure the payment was applied properly. Assessor Sheree Stringer said her office was also closed , but she was working with IT to possibly have computers set up at homes for the appraisers to continue to work . They were still processing new construction, reappraisals , etc., and if anyone needed to get in touch with her they could call (775) 209-5104.

Commissioner Koenig

opened and closed the public hearing . Comm issioner Strickland made a motion to approve the conforming zone change; seconded by Commissioner Wichman .

Commissioner Cox

wondered why there was no back-up for the item. Planning Director Brett Waggoner said he did not know why the back-up was not included as it was sent in. He explained this was heard by the RPC at their last meeting in March and they recommended approval. It was a five-acre parcel zoned VR-20 and the applicant wanted to do indoor cultivation on approximately an acre of the property. They did not at this point plan to use the entire five acres, but they applied for the zone change for it all.

Commissioner Cox

pointed out there were no maps to look at and no information about complaints from the neighbors. She thought this should be brought back in the proper form. April 21, 2020 6. 10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation on ZC-2019-000042-Cont'd.

Commissioner Blundo

asked if it was a special condition for approval that it was an indoor grow .

Mr. Waggoner

said no, mainly because that kind of special condition was not on a zone change. The only conditions that could be placed would be to protect the health and safety of the community and this would not jeopardize that. As to letters of protest, he advised none were received.

Commissioner Strickland

withdrew her motion and asked that it be brought back with complete back-up .

Commissioner Wichman

withdrew her second. Samantha Tackett advised there was back-up, but it was not included when the agenda was posted . She said she could distribute it during this call and maybe the Commissioners could come back to it later.

Commissioner Koenig

asked if there was any reason this could not wait for another week or two , to which Mr. Waggoner replied not really .

Commissioner Strickland

made a motion to continue this item to the May 5, 2020, meeting; seconded by Commissioner Blundo; 5 yeas . 7.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation on ZC-2019-000044: A (Conforming) Zone Change application to change three contiguous parcels containing a total of 7.14 acres from the Village Residential (VR-20) zone to the Rural Estates Residential (RE-1) zone, located at 1370, 1441 and 1351 N. Appaloosa Lane, Pahrump, NV, Assessor's Parcel Numbers 036-031­ 33,036-031-34 and 036-031-35, Calineva Farms, LLC / John Roundy and Lucille Harker - Property Owners/Applicants.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Wichman. Brett Waggoner advised no complaints from the neighbors had been received and the applicant had an ag well which serviced all three parcels.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Strickland

made a motion to approve ; seconded by Commissioner Wichman .

Commissioner Blundo

said he spoke to Dr. Bady about his concerns with moving the cultivation facility from the previous location as the previous location ended up in receivership. Commissioner Blundo said he could support moving this forward after that discussion.

Commissioner Koen

ig opened the public hearing. Dwight Lilly stated his objection to this item going forward and asked the Commissioners to reject the application. There were severe water issues in Pahrump that had not been addressed and it had been the position in recent times to reject new developments until something was done as far as the water. Kenneth Murphy described the project and felt it was an ideal place for young families and retirees who did not want the responsibil ity of maintaining property. As to the water, he said he had purchased two-thirds of the water for the entire tract which had been transferred to the utility company and there were additional water rights available for him to purchase . This would also be the only subdivision in town with sidewalks.

Commissioner Blundo

asked if there was an HOA for this property.

Mr. Murphy

said that was correct. That way streets would be maintained by the people in the subdivision itself unless the County chose to adopt them . The HOA would also handle issues between neighbors. April 21 , 2020 9.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-07-Cont'd.

Commissioner Wichman

said she received various communications supporting this so she would also.

Commissioner Strickland

said she was not in opposition to Mr. Murphy or his idea, but she was in opposition because of the water problem . There were paper water rights here, but no water to support it. The County had been threatened by the Division of Water Resources with having meters put on the wells and SB95 could be triggered just by the Board approving this development agreement. While there were existing development agreements that had to be lived with , the Board could stop the further development and parceling in the valley. She said she could not support this .

Commissioner Blundo

asked Mr. Murphy if he had been approved for this development at one point.

Mr. Murphy

said he was approved twice by the County, but when it was approved the economy dropped off in 2007 and 2008 and just picked up a few years ago, which was why they had to come back and include an HOA. The water rights were also already allocated to the company which had jurisdiction.

Commissioner Blundo

advised the last time this came to the Board the applicant did not have an opportunity to speak. He had also received many letters in support of it.

Commissioner Strickland

wondered how many subdivisions this would set a precedent for that had expired development agreements if this was allowed to go forward . She also wondered how many had expired.

Mr. Waggoner

said to his knowledge this particular subdivision did not have a development agreement when approved the first time . The development agreement was required now due to a Code amendment.

Commissioner Koenig

stated that until the water problem was figured out he could not agree with subdivision after subdivision, especially 67 units on 15 acres.

Commissioner Cox

said she had more of a problem with the size of the lots as people she had talked with wanted half an acre or more.

Mr. Murphy

said the lots were approximately one-fifth of an acre.

Commissioner Cox

suggested Mr. Murphy bring this back with larger sized lots to avoid such a crunch on the water and said she could not support it with the size of the lots right now. April 21 , 2020 9. 10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-07-Cont'd.

Commissioner Koenig

said he received an e-mail from a Mr. Valencia who was in favor of the subdivision project.

Commissioner Cox

said she also received several e-mails in support of it, some of which were from companies that she thought would probably work on the project. She felt an advisory board made up of the general public should be established so they could get information out to the public about these types of items and provide a recommendation.

Mr. Murphy

asked if the Commission would accept a map with quarter acre lots.

Commissioner Cox

said she would compromise to a third of an acre, but she would still prefer half an acre.

Commissioner Strickland

pointed out that would still trigger SB95 and set a precedence for other development agreements that had expired.

Commissioner Strickland

made a motion to reject Nye County Bill No. 2020-07; seconded by Commissioner Cox; 3 yeas. Commissioners Wichman and Blundo voted nay .

Commissioner Koenig

opened the public hearing . John Bosta said calling for public comment before a motion and a second was made was improper. Dawn Murphy addressed the trenching of 100 feet in length or more. She said contractors had a hard time now with Code Compliance and that would make it even more difficult for the contractors doing trenches every day. She suggested making it 300 feet and if doing more a dust permit would be required. Dwight Lilly felt contractors in the valley thought the dust control law was just a nuisance. He said the reason there were dust control regulations was because the EPA found the County exceeded the healthy standard of air quality. Mr. Lilly would like any type of construction to adhere to the dust control law. April 21 , 2020 10.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-08-Cont'd.

Commissioner Strickland

disclosed she was a general contractor and did pull dust control permits , but she did not see a reason to recuse herself.

Commissioner Blundo

made a motion to amend and adopt Nye County Bill No. 2020-08 changing item E to read 330 feet and 550 feet; seconded by Commissioner Strickland .

Commissioner Cox

talked about road work and making it a requirement for that as well.

Commissioner Strickland

was not present.

Commissioner Blundo

made a motion to set the effective date as May 11, 2020; seconded by Commissioner Cox; 5 yeas.

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners.

Mr. Dahl

did not think it was conceivable to make detours around some of those places, but he would try to get it better.

Commissioner Wichman

asked if there was any chance of getting funding to get that road done in the near future .

Mr. Dahl

advised he had already put in for I\IFLAP funding for the entire road. He had not done the bills grant with Lee Bonner yet, but that was something he would look into as well.

Commissioner Blundo

said he received a call from the Pahrump Senior Center about a pothole and asked to have it filled .

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 13.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Town of Pahrump Resolution No. 2020-02: A Resolution to Augment and Amend the 2019-2020 Budget of the Town of Pahrump, County of Nye, State of Nevada - Fund 25101 Town of Pahrump General Fund in the amount of $1,684,500.00.

Commissioner Koenig

opened the public hearing. John Bosta asked if this was the marijuana money from the restricted account and if so when was the account unrestricted as AB533 would not take effect until June, 2020 . He thought if this was marijuana money it needed more detail.

Commissioner Koenig

closed the public hearing. Savannah Rucker explained when the budget for Pahrump was generated for this fiscal year an ending fund balance was anticipated based on certain capital projects being April 21, 2020 13.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Town of Pahrump Resolution No. 2020-02­ Cont'd. completed in FY19. This item was asking the Board to approve the augment for the beginn ing fund balance for previously unbudgeted funds that had become available.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland.

Commissioner Cox

asked if this was marijuana money, to which Mrs. Rucker responded no. The mot ion to adopt passed with 5 yeas.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland.

Commissioner Cox

asked if the fund no longer existed then the room tax would no longer be paid for the Pahrump airport.

Mrs. Rucker

said the Board took action to distribute the percentage of the room tax collected for this fund and redistribute it to other room tax funds. As soon as this resolution was approved and the transfer was completed she would be able to present an item to the Board to collapse this fund. Half of the money would go to tourism and the other half would go to the Lakeview Golf Course.

Commissioner Cox

made a motion to approve; seconded by Commissioner Wichman. April 21, 2020 15. For Possible Action - Discussion and deliberation regarding Town of Pahrump Proclamation No. P2020-01-Cont'd.

Commissioner Blundo

said he received a lot of complaints about OHVs on the dirt . He wanted it clear that this proclamation of support did not support people doing that. This was about tourism and the trails .

Commissioner Blundo

made a motion to support moving forward; seconded by

Commissioner Strickland

. April 21, 2020 20. For Possible Action - Discussion and deliberation regarding the tentative FY 2021 and FY 2022 budget for the Nye County Child Support Division-Cont'd. Savannah Rucker said this particular department fell under the District Attorney's Office and there was a contract with the State where they pay 56% of the department expenditures. That was what this budget was for . She looked at it and it looked good.

Commissioner Blundo

made a motion to accept the response, direct staff to enter into fee negotiations, and fund from 10340, Grants; seconded by Commissioner Strickland; 5 yeas.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Strickland. Savannah Rucker said this resolution would set up the fund, but it would not put dollars in it. She would bring agenda items forward during May to deal with the funding portion of it. Dwight Lilly did not think a fund should be set up for museums. He felt the residents in Tonopah should set up their own committee and fund their own museum .

Commissioner Koenig

commented the museum in Tonopah was a County museum.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. April 21, 2020

Commissioner Blundo

referred to his prior comments about cuts and felt that the belt needed to be tightened now to alleviate the potential problems in the future. Dwight Lilly agreed with Commissioner Blundo's comments . He said the County constantly budgeted to the last penny and there was no sufficient rainy day fund. Cuts would have to be made as he did not see the economy coming back any time soon.

Mrs. Rucker

then reviewed the CTAX comparison. She was projecting a loss of 12.5% in March, 38.2% in April , 23.3% in May, and 14% in June for an overall deficit from revenues received to budget of $1 .009 million . While the Applied Analysis projection was less, she said she would rather pinch more pennies and freeze more positions this year instead of anticipating more money would come in than actually did. PLANNING/BUILDING/CODE COMPLIANCE

Commissioner Blundo

made a motion to approve the change of locations of medical and recreational marijuana establishment licenses for Nye Natural Medicinal Solutions , LLC , dba NuVeda; seconded by Commissioner Strickland; 5 yeas. April 21 , 2020

Commissioner Strickland

said she was going to ask staff to look into exempting agricultural burning.

Commissioner Cox

told Mr. Lilly she was the one who suggested I\/Ir. Murphy come back with larger lots and she did vote with Commissioners Koenig and Strickland . April 21, 2020 27. Commissioners'/Manager's Comments (This item limited to announcements or topic/issues proposed for future workshops/agendasl-Cont'd.

Commissioner Strickland

asked Chief Lewis to look at an exemption for agricultural burning. She then directed staff to weigh the differences between a fee waiver for credit card charges versus personnel costs for processing the checks and cash . Regarding Dwight Lilly's comments, she explained the museum tax on the tax bill was simply a museum tax which was now being divided between Tonopah and Pahrump. As to his comments regarding a rainy day fund, the Treasurer said he set aside $7 million to $10 million just for a rainy day fund and there was $100 million in investments so

Commissioner Strickland

thought the County was okay.

Commissioner Blundo

expressed his frustration with the State being shut down .

Commissioner Koenig

advised that on agenda items there was a motion and a second then it was opened for public comment. The difference on public hearing items was the public got to talk first. Brett Waggoner said changes were made in the Building Department yesterday due to COVI D-19. Just as a precaution the Building Department was no longer staffed and would not be for at least two weeks. They were able to schedule and conduct inspections and the only thing on hold for the time being was the issuance of new permits and plan reviews.

Commissioner Strickland

advised the last two sept ic tank permits she pulled she sent them to staff at the Building Department who then they called her to charge a credit card so she never walked into the building. She did not understand why that was not continuing and asked Mr. Waggoner to consider that moving forward.

Mr. Waggoner

explained that was something they were trying to work toward, but the system they used was not accessible remotely.

Commissioner Koenig

adjourned the meeting. APPROVED this /9 +L- day ATTEST: OG _ _ _-<-->:....><..::..¥­ ' 20)2'.