June 16, 2020

Commissioner Strickland

disclosed she was a sitting Nye County Commissioner and a well drilling contractor with Strickland Construction, septics, pump setting, a real estate broker working in real estate, water right sales, brokerage, and owner of Lakeside Storage. She saw no conflicts on the agenda .

Commissioner Blundo

asked for a moment of silence for Alan Parker, which was held. He said he had received reports of BLM protesters in Pahrump, which was very concerning. He personally had zero intention of defunding the Sheriff's Office but felt a reserve civilian program needed to be implemented . Commissioner Blundo condemned the actions of rioting, looting, graffiti and vandalism in the communities. He then asked the County Manager for a follow-up on the shooter's site and mentioned the law enforcement support rally yesterday. Regarding Alan Parker , Commissioner Koenig said Mr. Parker was deeply involved in economic development and business training in the County and would be sorely missed. Commissioner Koenig said he would like staff to look into a franchise agreement with Great Basin Water. They were protesting the County's water rights at the landfill right now without talking with the County which would cause delay .

Ms. Southworth

said she would like to see the Commissioners come to the meetings . Tonopah Justice of the Peace Jennifer Klapper announced Patty Galvin , her Court Administrator, was retiring and she publicly thanked Mrs. Galvin for her many years of service to Nye County. Assessor Sheree Stringer told the Commissioners partitions were placed in the Pahrump office today and the doors would open on Monday morning . She still had to have one placed in Tonopah so that office would stay closed. There was also a drop box outside. TIMED ITEMS

Commissioner Blundo

asked how many claims there were in the past three years. Jarrod Rossi from LP Insurance said during the 2018-2019 policy period there were 59 claims, 52 claims during the 2019-2020 policy period, and 44 claims during the 2017­ 2018 policy period .

Commissioner Cox

asked how much money the insurance company paid out on the claims over the last two years . Alan Kalt from POOL/PACT said in 2017 the total incurred claims were $303,925.00 , in 2018 the claims were $439,395.00, and so far for 2019 they were $170,449.00. He June 16, 2020 8. 10:00 a.m. - For Possible Action - Presentation, discussion and deliberation regarding: 1) The renewal proposal for Nye County from the Nevada Public Agency Insurance Pool (POOL) for Fiscal Year 2020-2021; and 2) Select the coverage package with a $10,000.00 maintenance deductible and $1,083,082.50 premium or a $25,000.00 maintenance deductible and a $955,983.80 premium­ Cont'd. discussed the training programs offered by POOL/PACT the County was participating in which would help reduce claims. He also discussed the property market and how it affected insurance rates. Some of the other things that affected the County's increase were payroll cost increases, increase of police officers and increase in employees.

Commissioner Koenig

pointed out with the numbers Mr. Kalt cited the County would pay $1 million to have POOL pay $440,000.00. Commissioner Koenig knew there was additional help from POOL/PACT, but not to the extent of $600,000.00 .

Commissioner Cox

understood it was a pool and paid a lot of settlements for other entities that contributed to it, but she was not happy with what the County was putting out. She was beginning to think the County should become individually insured.

Commissioner Cox

felt the item should be put on hold for time to investigate.

Commissioner Cox

made a motion to continue this item to the June 24, 2020, meeting; seconded by Commissioner Blundo.

Commissioner Strickland

asked for loss runs from POOL/PACT on claims for five years and said the figures needed to be adjusted down if POOL/PACT wanted to stay with the County.

Commissioner Blundo

mentioned the $75,000.00 commission which was not included in the premium and wondered what the County was getting for it.

Commissioner Wichman

said the County's claims had been going down , but the personnel and property had increased which also needed to be weighed . Jim Petell commended Commissioner Cox for saying this was a lot of money. Diane Southworth thought self-insured may be the way to go .

Commissioner Wichman

stated her support of this item . She said there was no way the town would ever be able to collect enough money to pay for it on its own and the Board was responsible for the health, safety and welfare of that town .

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo. Savannah Rucker said she called into the Gabbs meeting for public comment, but there was no quorum so there was no public comment . Jim Petell said he supported the item.

Commissioner Cox

said her name was on this item because Priscilla Lane asked her to help with it. Priscilla Lane said BLM was to manage the wild horses and burros, not remove. The BLM stated a helicopter was the most humane way to gather horses. If that was true

Ms. Lane

wanted to know why they were they left to die, foals were left behind , and why they were run until they went through the barbed wire fencing . Ms. Lane said the abuse had been documented and asked the Commissioners to consider the request to stop all round-ups using helicopters in Nye County.

Commissioner Cox

made a motion to adopt ; seconded by Commissioner Blundo . June 16 , 2020 32. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution 2020-08-Cont'd. Jim Petell told the Commissioners to be sure BLM adhered to their wishes as they were the bosses of Nye County, not the BLM . Ken Pyle said he had seen babies run so into the ground they could not walk anymore . He said the last time they did a round-up they took off a lot of mares and left a lot of stallions and he noticed the stallions were getting more aggressive toward humans because there were no mares around . Laura Leigh, founder of Wild Horse Education based out of Reno, said since 2010 she had to litigate multiple times to shut down round-ups where she documented horrific abuse. In 2015 that litigation led to BLM creating something called the Comprehensive Animal Welfare Policy (CAWP) which was to be reviewed every year based on their matrix and input from the public . Ms. Leigh said from 2015 to today she had continued to document the deterioration of the improvement of that document and BLM had not responded to her requests for copies of those reviews . This resolution would help spur the federal government to fulfill their requirements to taxpayers and manage the wild horses humanely. Ms. Leigh asked the Board to adopt the resolution and continue monitoring. She also asked that the County Commission itself require that the BLM provide them with their annual reviews on the CAWP so it could see the BLM was not taking this responsibility seriously. Eddie Jim from the Pahrump Paiute Tribe said these horses were something dear to his heart and needed to be protected. He pointed out the helicopters were disrespectful to landowners as they chased the horses through private property. Tim Bohannon from the Nevada Standardbred Association advised they were working with UI\JR on a proposal to deal with wild horses including safe handling. Tina Wilson said she had been fighting BLI\t1 about the horses for ten years and said the Commissioners needed to not allow BLM to have full rein in everything they wanted to do . Priscilla Lane mentioned that in 2019 President Trump signed into law the bipartisan Preventing Animal Cruelty and Torture Act making it federally illegal to engage in cruelty to animals and those found guilty of violating the act could be federally prosecuted , fined and jailed up to seven years .

Commissioner Wichman

said she absolutely agreed with anyone who was against inhumane treatment of animals and she would go along with this simply because it did require humane treatment of all animals. However, she pointed out the tools for the BLM to use since 1971 had been increasingly diminished through amendments so every time there was an outcry because of one of these incidents more tools were removed from their toolbox to manage the herds. Commissioner Wichman's other June 16, 2020 32. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution 2020-08-Cont'd. concern was that with the wild horses allowed to procreate as they did and double their numbers every four years all of that range land was being reduced for other species. She reminded the Commissioners the County had no authority over the BLM or the federal government and how they did their job .

Commissioner Blundo

made a motion to continue this item to June 24, 2020 ; seconded by Commissioner Strickland ; 5 yeas. TIMED ITEMS 11.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation on ZC-2019-000042: A (Conforming) Zone Change application to change 5.00 acres from the Village Residential (VR-20) zone to the Rural Homestead Residential (RH-4.5) zone, located at 351 W. Bunarch Road, Pahrump, NV, Assessor's Parcel Number 029-642-19, further known as T19S, R53E, S28, Lot 6, Blagg Road Estates, NHF, LLC. - Property Owner, Alex De Jong - Applicant.

Commissioner Strickland

disclosed her husband was a certified hemp grower, but that would not affect her decision.

Commissioner Koenig

opened and closed the public hearing. Alex De Jong, the applicant, said they were going to grow hemp .

Commissioner Blundo

asked Mr. De Jong if he had adequate water rights, to which Mr. De Jong responded yes .

Commissioner Strickland

made a motion to approve this conforming zone change for this property; seconded by Commissioner Wichman ; 5 yeas. June 16, 2020 10.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation on AP-2020-000025: An Appeal of the Pahrump Regional Planning Commission's denial of the following applications: 10a. CU-2020-000092: An application for a Conditional Use Permit to allow a Recreational Vehicle Park in a Neighborhood Commercial (NC) zoning district, on 0.83 acres (36,000 square feet) located at 1060 E. Second Street, Pahrump, NV, Assessor's Parcel Number 035-308-02. Property Owner/Applicant - Constance Allison (Appellant). 10b. WV-2020-000109: An application for a Waiver from Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, NCC 17.07.780 Recreational Vehicle Parks, to waive the site development standards, parking, landscaping, internal street paving, minimum RV Park site area of ten (10) acres, accessory building and RV setback requirements, and required distance between RVs, on 0.83 acres (36,000 square feet) located at 1060 E. Second Street, Pahrump, NV, Assessor's Parcel Number 035-308-02. Property Owner/Applicant - Constance Allison (Appellant).

Commissioner Koenig

opened the public hearing.

Commissioner Koen

ig asked the Planning Department representative to address the notice of hearing for the record . Planning Director Brett Waggoner confirmed notice was given for this item.

Commissioner Koenig

asked for a motion to accept the back-up documents into the record.

Commissioner Blundo

made a motion to accept the back-up; seconded by

Commissioner Strickland

; 5 yeas. Constance Allison said she was appealing the entire decision of the RPC. She purchased the property in 2015 thinking she was purchasing an RV park . It had seven spaces and she owned all of the units on the property and rented them to seniors.

Commissioner Blundo

asked if she had documentation when she purchased it that it was an RV park.

Ms. Allison

said she had nothing in writing , just an understanding of it being an existing RV park . It was an old property that had been there at least 20 years and used as an RV park.

Commissioner Blundo

asked if there were any commercial water rights attached to the property . June 16, 2020 10.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation on AP-2020-000025-Cont'd.

Ms. Allison

said not that she knew of. Research revealed nothing and that was why she wanted to achieve the grandfather status .

Commissioner Wichman

commented that even if grandfathering were established somehow it would not make a difference with a lack of commercial water.

Ms. Allison

advised her well was 200 feet deep and she had not had any negative issues with it since she had owned the property .

Commissioner Wichman

said a domestic well sunk on the property for use for a residence was not considered appropriate for multiple residences .

Ms. Allison

stated the water people in Carson City told her she was okay with the well.

Commissioner Strickland

pointed out the grandfather expired with the transaction . She said her greatest concern was the septic system which was bound to fail with the amount of effluent going into it. Bradley Richardson cautioned the discussion was off the agenda item, which was strictly consideration of whether there were grounds to deny the appeal or not.

Commissioner Koenig

also had a problem with the water and sewer as there was no commercial well and there really was not a commercial septic system.

Commissioner Blundo

asked Ms. Allison how often she pumped and cleared out the septic .

Ms. Allison

said she had done it twice since 2015. She said one of the issues Mr. Waggoner pointed out when they first started discussing this was the electrical work needed on the property. She hired a licensed electrician and he went through the systems and brought them up to par. She cleaned up the property and had tried to do everything the County required of her within her capabilities . For the sake of her tenants Ms. Allison asked the Board to help.

Mr. Waggoner

said this case started well before his time in 2015. When he met with

Ms. Allison

the life safety concerns were addressed while trying to work with her on a resolution . Ms. Allison did hire an electrician and had the electrical work done. As far as the property being cleaned, Mr. Waggoner said that came forward because complaints were received from tenants of the property about septic issues. The property did look clean and no one was disputing that. Regarding her compliance , Mr. Waggoner disagreed with that and said right from the beginning he told her the biggest thing that needed to be addressed before she even tried to get the CUP or the waiver June 16,2020 10.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation on AP-2020-000025-Cont'd. were the septic system and the well. The septic system was a 1,250-gallon domestic tank meant for a single-family residence and possibly a guest house. Also, with the buildings scattered throughout the property it was hard to determine where the septic and leach lines were. To date Mr. Waggoner had not seen anything from NDEP or DWR to back-up what Ms. Allison stated or an engineer 's report on the septic system.

Commissioner Blundo

asked Darrell Lacy, the previous Planning Director , to speak to a comment at the RPC meeting that "Ms. Allison stated she was told by Darrell Lacy that if she could get into compliance with the health department, building another bathroom . She would have it done but did not have the money together to complete the project."

Mr. Lacy

said he was not certain what she was mentioning as there were many problems with the property and the development. He explained an RV park was required to have a permit from the State Department of Health, which this project did not have, in addition to building permits . While Mr. Waggoner said some of the electrical problems had been brought into compliance, from looking at the aerial photos Mr. Lacy doubted all of the problems had been addressed . Mr. Lacy also understood there was a domestic well and a domestic septic system on site, neither of which were acceptable for the type of activity Ms. Allison was trying to perform.

Commissioner Strickland

added the courtesy notice stated Ms. Allison needed five acres or more with a maximum of 15 RVs per acre, so this was well beyond what was allowable per the ordinances for uses of an RV park.

Commissioner Cox

asked Ms. Allison if she received any letters from the State about the water and sewer issues .

Ms. Allison

said she did, but she did not have it with her. The letter said she would be fine because she did not exceed the number of people using the water than what was required, which she believed was 12.

Mr. Waggoner

said he was familiar with the letter. It said if there were 15 connections or more it was considered a public water system at that point and would fall under the regulations of compliance testing, etc. That letter said if she had a well with only 12 connections she was not required by the State to have the certificate of safe drinking water. It did not say the well itself was adequate for any more than a single-family home and possibly a guest residence .

Commissioner Cox

asked Ms. Allison if she hired an engineer.

Ms. Allison

said yes. She gave them documents which they reviewed and said it was an impossible situation to approach from the engineer standpoint as they wanted her to get rid of everything on the property. June 16, 2020 10.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation on AP-2020-000025-Cont'd.

Commissioner Cox

said she would like to see Ms. Allison hook up to the town's water and sewer.

Mr. Richardson

advised the discussion was straying far from the agenda item , which was to review the record and determine if the denial of the RPC should be affirmed, modified or reversed.

Mr. Waggoner

said when this was presented to the planning commission there were findings listed in the back-up that they had to make in order to support it. The denial was voted on and approved based on them not being able to make those findings. James Petell told the Board their job was to help the citizens develop taxable income from properties and suggested the Board do something to help. Robert Thiboult said he had a lot of trouble finding somewhere to live when he moved to Pahrump. He had been at Ms. Allison 's property for almost a year . It was a quiet area with no trouble around and Mr. Thiboult said housing at this price was needed in this area. Linda Dotsyn stated Ms. Allison had turned the property around to make it someplace nice, comfortable and quiet. Ms. Allison offered a needed service in the community and wanted to continue to do that. Priscilla Lane said she had been at the establishment and it was very clean. She felt the Commissioners should do something to help Ms. Allison. Esther Ponticello stated Ms. Allison 's property was immaculate and it would be a severe hardship for Ms. Ponticello if the Board shut it down.

Commissioner Koenig

closed the public hearing.

Commissioner Strickland

made a motion to affirm the denial by the RPC based on the following findings and conclusions to be entered in the minutes of the Board as follows : 1) notice was given in compliance with Nye County Code Title 16; 2) a conditional use permit was required to allow a recreational vehicle park in a neighborhood commercial zoning district and on .83 of an acre this requirement cannot be met; 3) the RV park was already existing and was illegally constructed in the first place ; 4) the applicant was seeking to waive the site development standards, parking, landscaping, internal street paving, and minimum RV park site area of 10 acres and the accessory buildings and RV setback requirements as required for distances between RVs; and 5) the appellant had not presented evidence that the decision by the RPC was not supported by substantial evidence; seconded by Commissioner Wichman. June 16,2020 10.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation on AP-2020-000025-Cont'd.

Commissioner Cox

stated she did not agree with any of the findings the RPC had to make and could not support the motion.

Commissioner Blundo

said water rights and/or hooking up to Great Basin Water would alleviate one part and hooking up to septic would alleviate that part. He asked Mr. Waggoner what he saw as a challenge to get it into compliance.

Mr. Waggoner

stated the well and the septic were the biggest concerns. Additionally, there were structures that were not meant for human habitation. RVs were not meant to be permanently affixed to the ground like these were. Land size was also another issue.

Mr. Richardson

cautioned the discussion was getting far afield of the record below.

Commissioner Blundo

wondered if the motion could be modified to provide a six-month window and spell out exactly what the County was looking for as he had a hard time displacing people .

Commissioner Cox

said she would be agreeable to telling Ms. Allison to connect to water and sewer and give her six months to do so.

Commissioner Strickland

said the appellant had 25 days to make a grievance to the District Attorney's Office so she had been given that much time.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo. Mapping and Addressing Administrator Byron Foster explained this item and item 25 were because the postal service wanted Amargosa Valley, Crystal, Nevada, readdressed. Amargosa was addressed one way and Crystal was done another way. There were also two street names, one exactly the same in Pahrump as it was in Crystal. The bigger problem was they also potentially could fall into the same address range . Instead of changing the street name because that required a hearing and everything else they were just going to continue on with the addressing from Amargosa Valley all the way through Crystal. Mr. Foster explained that went against the County standard for addressing and he needed Board approval to do this . Sam Merlino reminded the individuals in Crystal to change their voter registration to their new address. She said her office had a horrible time with the Round Mountain and Smoky Valley residents whose ballots all came back undeliverable and her office had to work with the post office to get them back out.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo. Byron Foster explained the postal service had contacted him and said Manhattan had a post office which was open for two hours a day so they were looking to have mail delivered from the Round Mountain post office to Manhattan. The way Manhattan was laid out did not fit into the County Code so Mr. Foster needed Board approval.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Strickland; 5 yeas.

Commissioner Strickland

made a motion to approve ; seconded by Commissioner Blundo; 5 yeas. June 16, 2020 TIIVIED ITEMS 12.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-04: A Bill proposing to amend Nye County Code Title 17, titled Comprehensive Land Use Planning and Zoning by adding Chapter 17.12, titled Craft Distillery, Brewery, Brew Pub, Cidery, Meadery and Winery Zoning Requirements, to establish the zoning, land use and development requirements applicable to distilleries, micro­ distilleries, cideries, microbreweries, brew pubs, meaderies and wineries within Nye County, including those areas within the Pahrump Regional Planning District; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto.

Commissioner Koenig

opened the public hearing.

Commissioner Blundo

disclosed he held a Nye County privilege liquor license which would not affect his voting on this item. Jack Sanders said he had been speaking with the Planning Director about this. He had pointed out a few discrepancies that would have put everyone in jail and the Planning Director had changed everyone of those . Mr. Sanders gave the Planning Director a series of exhib its on the history of winemaking in the town and the State and entertainment. Mr. Sanders felt the bill needed to be amended. Jennifer Arledge , an attorney with Sgro and Roger in Las Vegas representing Kathy Trout and the Pahrump Winery, said they had no opportunity to review the proposed ordinance. She had concerns about constitutional issues it raised as well as the need for further investigation and public comment. Ms. Arledge suggested a liquor consultant would be appropriate under the circumstances . She also agreed it was premature to adopt this today especially since Ms. Trout and the Pahrump Winery had not had an opportunity to review and make substantive comments on what was being proposed. She asked that the matter be tabled for further investigation and discussion. Brett Waggoner confirmed for Comm issioner Koenig that Ms. Trout had not been involved. He adv ised Mr. Sanders and Tim Burke reached out to him .

Dr. Christopher

Perez, managing member of Stonewise, LLC, read a letter into the record stating their opposition to the bill and its numerous contradictions to NRS and State regulations [see Attachment 1]. Shawna Perez finished reading Dr. Perez's letter in opposition to the bill and asked the Board to reject it outright or alternatively table it.

Commissioner Koenig

closed the public hearing. He asked Mr. Waggoner if he would prefer the Board deny it and start over or put it off. June 16, 2020 12.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-04-Cont'd.

Mr. Waggoner

did not want it to be denied because a lot of work had gone into it, but he did not think it was a problem postponing any action for more input.

Commissioner Blundo

made a motion to continue the public hearing for 90 days; seconded by Commissioner Strickland.

Commissioner Koenig

reopened the public hearing . Kathy Trout from the Pahrump Valley Winery and Nevada Wine Cellars said she was appalled no one brought this to their attention as they were the only commercial winery in the valley . She suggested the County hire liquor consultants as none of the provisions were in line with the State or the TfB.

Commissioner Koenig

closed the public hearing .

Commissioner Blundo

amended his motion to continue this item to September 15, 2020, in Pahrump chambers at 10:00 a.m.; Commissioner Wichman amended her second; 5 yeas. 13.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-05: A Bill proposing to amend Nye County Code, Title 5, titled Business Licenses and Regulations, Chapter 5.04.020, titled Definitions by changing the definitions for Special Event Permit and modifying Wholesale Delivery Liquor License and Wholesale Liquor License within Nye County, including those areas within the Pahrump Regional Planning District; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto.

Commissioner Blundo

disclosed he held a privilege liquor license which would not impede him from participating or voting on this item.

Commissioner Koenig

opened the public hearing. Robert E. Thomas, III, asked the Board to either reject this or send it back for a number of reasons . The back-up presented on the Web site did not show any justification for the proposed amendments. The back-up also had several different versions attached so it was impossible to tell which one was the preferred version. Most troubling to Mr. Thomas was although the language of each of the proposed alternatives was neutral in the wording, it appeared to address only one server in this County and that was the Catholic Church . June 16, 2020 13.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-05-Cont'd. Captain David Boruchowitz stated Sheriff Wehrly objected to the language under the special event liquor license that it be specifically limited to one applicant per calendar year. She recommended deleting that and the Board be given the authority to make those decisions. There were also concerns with the 72-hour liquor licenses for non­ profit clubs which was limited to two consecutive calendar months or two events per calendar month as there could be more than two events a month. Lastly, Captain Boruchowitz pointed out the special event liquor license part said that it was approved by the Board, however, in the other portions there was no reference as to who would approve those . Joe Burdzinski asked that the Board either amend or delete this. He was a member of the Lady of the Valley Catholic Church and the Knights of Columbus and objected to the language that it shall not exceed two consecutive calendar months as they did fish fries and seven weeks of Lent. Mr. Burdzinski said he had talked to a number of other ministers in different churches with similar concerns. Attorney Jennifer Arledge, appearing on behalf of Kathy Trout and the Winery, said they shared the concerns with respect to religious organizations or non-profits who wished to serve alcohol. Most importantly, she said the regulation of liquor licenses was handled at the State level and this was an inappropriate, unconstitutional attempt to circumvent NRS. Ms. Arledge asked that the Commission reject this proposal.

Commissioner Wichman

said she had some of the same concerns. She felt restricting events and limiting how often someone could get an event permit was not conducive to promoting business and activities that brought in economic positives. She was told there was a concern about having used the temporary event permit to circumvent getting an actual license. Commissioner Wichman thought an easy fix for that was to establish a fee for the event permit and once the applicant had reached whatever the Board thought was appropriate then it started to compete with the price of getting a business license to sell liquor. Jack Sanders from Sanders Family Winery also had questions about the special event permit. He said the issue was what a special event was versus an event and what constituted a special event liquor license. Mr. Sanders asked the Board to either postpone this or cancel it. Kathy Trout from the Pahrump Valley Winery had concerns with the wholesale delivery liquor license and wholesale liquor license . Those were overseen by NRS and there could not be competing entities working against the other. They were very heavily regulated based on the gaming industry and the Board was inviting problems if they got in the middle of that. Wholesale delivery liquor licenses were already assigned to anyone who had a liquor license prior to 2015, so wholesale delivery liquor licenses could not be given to something not in existence prior to 2015 in the County. June 16, 2020 13.10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-05-Cont'd. Rick Mench, Deacon at Lady of the Valley Roman Catholic Church and also a fourth degree Knight of Columbus, said their fish fry was a 20+ year institution in Pahrump. Part of the fundraising for the event was the sale of beer and wine . Mr. Mench said the language in the proposed ordinance would inhibit their ability to raise funds to do God's work and he hoped the Board would reject the bill. Bill Rettig asked why this was even necessary and what the Board was trying to regulate. The only thing they were doing was harming the church's ability to help others . He asked the Board to vote it down.

Commissioner Koenig

closed the public hearing.

Commissioner Blundo

made a motion to continue this item until September 15, 2020, at Pahrump chambers at 10:00 a.m. to address concerns and have stakeholder involvement; seconded by Commissioner Strickland .

Commissioner Blundo

said he wanted to incorporate Captain Boruchowitz's changes and find a solution for the churches. As to the comments made about how the State had processes and laws, Commissioner Blundo stated the Board was the regulatory body so it was their prerogative to do this.

Commissioner Cox

said she did not want to make this so restrictive that it would scare people away

Commissioner Koenig

said this item would be continued and there was no reason to make the same points over and over.

Commissioner Koenig

opened the public hearing.

Commissioner Blundo

disclosed he held a Nye County privilege license and a business license which would not have a negative effect on his participation in this item. June 16, 2020 14. 10:00 a.m. - For Possible Action - Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-06-Cont'd. Jim Petell said there was no back-up and felt it was very vague as to what business licenses would change. Jennifer Alredge clarified the issue was not whether Nye County had the ability to pass ordinances that addressed and dealt with specific local issues. The concern was the way some of them were written were in conflict with NRS which made them impossible to follow and they could not be interpreted. She asked for it to be tabled for 90 days to allow for a workshop. Kathy Trout said a liquor license was already issued to someone who had a winery and brewery in the same location which was not allowed by the State or TTB and that needed to be undone as soon as possible.

Commissioner Koenig

closed the public hearing.

Commissioner Blundo

made a motion to continue this item until September 15, 2020, in Pahrump chambers at 10:00 a.m .; seconded by Commissioner Strickland; 5 yeas . SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners . 16. For Possible Action - Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance. Asphalt Patching, Weed Mowing and direction regarding public work projects. Public Works Director Tim Dahl advised the crews were catching up on weed mowing and tree trimming . Several areas were being worked on with cold mix patch. He still did not have duraptacher oil and was working with the supplier. Mr. Dahl had a meeting with NDOT on SR160 and Postal Road. NDOT had let out a contract and was waiting for materials to be manufactured for putting in the crosswalk. He was also waiting for materials to be manufactured for Homestead and SR 160.

Commissioner Cox

mentioned the streetlight on the corner of Dandelion and Unicorn was going on and off. There were also a lot of potholes in the general area . She asked if someone had looked at the intersection of Pahrump Valley and Gamebird since it was so bad.

Mr. Dahl

said he looked at it and instructed his maintenance supervisor to get that on his list. A grinder would be taken to it and better material would be put down. June 16, 2020 16. For Possible Action - Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects-Cont'd.

Commissioner Koenig

said the area of Leslie and SR160 where the holes were patched was still really bumpy and asked to have something done there .

Commissioner Blundo

asked for a status on the speed limits on Pahrump Valley Boulevard, the stop signs , and the bumps over the railroad tracks on Mount Charleston and Pahrump Valley Boulevard . As to the speed limits, Mr. Dahl said he would provide an update to Commissioner Blundo in the next couple of days and would probably have to come back to the Board . He was waiting for traffic to return to normal before addressing the stop signs, but he was putting early warning signs there to try to get people's attention. Lastly, Mr. Dahl said he looked at the railroad tracks and he did not see it being horrible. It was old pavement that had lost some of its surface material , but it was not in bad enough shape to have cold patch stick to it. He said it was probably a candidate in the near future for grinding and replacing with cold mix.

Commissioner Blundo

said he would like a presentation to the Board on the chip seal program . Jim Petell said there were several potholes in commercial areas that destroyed his bike and car, one of which was at Commissioner Blundo 's business. He mentioned the road in Crystal on which he almost flipped his motorcycle as well as a pothole at Basin and Irene .

Commissioner Blundo

disclosed he owned Carmelo 's Bistro and the potholes brought to his attention in a privately-owned parking lot were not the County's responsibility to maintain

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 18. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject Town of Pahrump Resolution No. 2020-05: A Resolution Authorizing the Town of Pahrump to Establish a Fall Festival Checking Account Through Nevada State Bank.

Commissioner Strickland

made a mot ion to adopt; seconded by Commissioner Blundo.; 5 yeas . June 16, 2020 19. For Possible Action - Discussion and deliberation to approve the purchase of a Ladder Truck in an amount not to exceed $250,000.00 from Fund 25401 Town of Pahrump Capital Projects.

Commissioner Blundo

made a motion to approve the purchase of a ladder truck in an amount not to exceed $250,000.00 from Fund 25401, Town of Pahrump Capital Projects; seconded by Commissioner Strickland.

Commissioner Cox

thought the town already had a water truck. Fire Chief Scott Lewis said yes and explained it was from 1991, refurbished in 2004, and was at the end of its life span. It would be put into a reserve status.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS - These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 21. For Possible Action - Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens.

Commissioner Blundo

made a motion to approve items 21-22; seconded by

Commissioner Strickland

; 5 yeas. June 16, 2020 22. For Possible Action - Approval to set the date and location for the second Board of Commissioners meeting in September for Tuesday, September 15, 2020 in Pahrump, Nevada.

Commissioner Blundo

made a motion to approve items 21-22; seconded by

Commissioner Strickland

; 5 yeas. ASSESSOR 23. Presentation of Projected Expenditures of money in the Assessor's Technology Fund to be used in the 2020-2021 Fiscal Year. The presentation was in the back-up. SHERIFF

Commissioner Blundo

made a motion to renew ; seconded by Commissioner Wichman ; 5 yeas .

Commissioner Blundo

asked Justin Steinhart if the complaints and issues the Board was made aware of last year had been rectified. Brett Waggoner explained Area 51 's biggest thing was their parcel on Arrowhead that had shipping containers storing fireworks. That parcel was vacated as per the condition on the CUP, but they were using it as an egress point due to the amount of traffic out front. Area 5'1 had been working with Public Works to maintain the street and keep the dust down . Area 51 had also offered to cover any expenses the County incurred to help keep the dust down and keep the neighbors at bay.

Commissioner Blundo

asked the applicant how they were mitigating things. Justin Steinhart , representing Area 51 Fireworks, said when they took everything off of that property they had to get an easement permit, put in bigger gates, and make sure the compaction was right. It was never the intention to have people leave out the back. The idea was trucks would deliver and go out the back.

Commissioner Strickland

read a public comment submitted by Dann Weeks, representing MML , Inc., and Lands of Nevada , the adjacent property owners, which he June 16, 2020 38. For Possible Action - Discussion and deliberation regarding a renewal of a Wholesale/Retail Fireworks Permit for D & T Imports, Inc dba Area 51 Fireworks located at 1381 E. Highway 372, Pahrump, NV. Applicant - Tim McKoy-Cont'd. wanted included in the minutes [see Attachment 2]. Mr. Weeks stated Area 51 promised they would not use the lot located on Arrowhead as an entry and exit point, but they were still using that lot as shown in the picture he submitted . Jim Petell pointed out no one was following the Governor's order for PPE and the Governor would close it all down again. Michael Lach, the owner of the property that Dann Weeks' statement was about , said this was the third time he had come to the Board on this particular issue . This property was a multi-family property not to be used as an ingress/egress for large trucks, or for a 12-foot fence not compliant with the code, or anything else related to a commercial business . That was what was agreed upon last time. The lot should have been sealed on the back side, the fence should have been removed, and it should have been like every other residential lot at that time. Mr. Lach did not understand why the Board continually allowed this applicant to be out of compliance.

Commissioner Blundo

made a motion to approve the renewal; seconded by

Commissioner Strickland

; 5 yeas .

Commissioner Blundo

made a motion to approve ; seconded by Commissioner Wichman; 5 yeas . COUNTY MANAGER

Commissioner Blundo

asked if there was a statutory requirement that this item be heard today. Michelle Nelson said this was an issue that was for the upcoming fiscal year which should be considered and taken care of prior to that.

Commissioner Blundo

asked for an answer in writing to the question of whether giving the 3% increase triggered the "me too" clause or the reopener.

Commissioner Blundo

made a motion to continue this item to June 30, 2020; seconded by Commissioner Strickland .

Commissioner Koenig

said if this passed at the time he would like all the contingencies and what ifs in black and white.

Commissioner Blundo

explained he requested this item as he believed the Board should be making these decisions and could take them on a case by case basis. He said he would be amenable to having them on the consent agenda .

Commissioner Wichman

felt that was what the budget was for and the Board approved the budget. She said bringing these items back in front of the Board was reiteration.

Commissioner Koenig

agreed with that especially with the condition that the accruals were realized. He said he personally could not go with this one. June 16, 2020 30. For Possible Action - Discussion and deliberation to reconsider the authorization delegated to the County Manager to approve filling budgeted positions providing the accruals are realized before filling the position and to revert back to board approval-Cont'd.

Commissioner Strickland

made a motion to have it remain the same as it was currently; seconded by Commissioner Wichman .

Commissioner Cox

said she liked the idea of the elected using the powers they had to make some of these decisions. She would like to have interviews for jobs during a Board meeting .

Commissioner Blundo

disagreed with that as he just wanted to know about the positions being filled via a list on the consent agenda .

Commissioner Wichman

suggested asking the Human Resources Manager to include a report similar to what the Comptroller did with the monthly financial update . Tim Sutton asked Commissioner Blundo if he was requesting a report of positions hired or requesting final approval of those positions.

Commissioner Blundo

said he was asking for final approval but clearly there was no appetite for that. He would still like to be in the loop. Assessor Sheree Stringer agreed with Commissioner Blundo because in her hand right now she had job descriptions for open positions although the County had a hiring freeze . She did not think the Commissioners knew what was going on behind the scenes and felt it should be up to the Board again . Tim Sutton explained there were two hiring freezes. One ended at the end of the fiscal year , which was all positions except for essential which was why those were coming through . Starting on July 1, 2020, the recommendation was a hiring freeze for all positions except for people coming to the Board.

Commissioner Blundo

said he asked for this item. The County Manager could execute contracts and spend up to $50,000 .00 and Commissioner Blundo would like to reduce that to $20,000.00. He also asked that a list of what the County Manager signed come before the Board under the consent agenda . June 16, 2020 31. For Possible Action - Discussion and deliberation to modify the delegation of authority permitting the County Manager to approve, upon consultation and acceptance by the District Attorney, and execute contracts-Cont'd.

Commissioner Koenig

pointed out the agenda item did not talk to $20,000.00. Tim Sutton explained a specific dollar amount was not put in in case another Commissioner wanted another amount. Michelle Nelson said it did appear that the phrasing of the agenda item was too vague for what was being proposed by Commissioner Blundo.

Commissioner Blundo

suggested taking no action and he would bring back an item with further clarification.

Commissioner Wichman

said when she first made the direction to staff she was corrected by the District Attorney's Office because that was not part of the agenda item. She restated the motion made on the agenda item, the vote was taken, public comment was held, and as soon as that was done Commissioner Wichman directed staff to reduce her salary by the same 2.25% being asked of the employees. She found nothing in the NRS that said there was anything wrong with that. She also pointed out that the Commissioners discuss during agenda items and after agenda items all the time.

Commissioner Koenig

wanted to direct this back to the District Attorney's Office. Michelle Nelson explained agenda item 29 was specifically related to the County Manager reducing his salary for the fiscal year. There was some discussion regarding the Commissioners doing that as well. In addition to going off the agenda because that was not the agenda item there was possible action taken for which three of the Commissioners had voiced their approval to vote in a specific manner. Ms. Nelson advised those statements were outside of the agenda specifically relating to the County Manager. She asked that the action and discussion regarding the Commissioners voluntarily reducing their salary be rescinded. June 16, 2020 33. For Possible Corrective Action - Discussion and deliberation to rescind action and discussion of voluntary reduction of Commissioners salary as it exceeded the scope of item 29, of the Board of County Commissioners meeting of June 2, 2020. Item 29 agenda topic was to allow County Manager to voluntarily reduce his salary-Cont'd.

Commissioner Wichman

made a motion to strike or correct any conversation that took place on that date about the Commissioners reducing their salary; seconded by

Commissioner Wichman

directed staff to reduce her salary by 2.25%. Marla Zlotek said the motion needed to use the word rescind .

Commissioner Wichman

amended her motion to rescind any conversation that took place on that date about the Commissioners reducing their salary; Commissioner Strickland amended her second; 5 yeas. PUBLIC ADMINISTRATOR 34. Presentation regarding the quarterly report from the Public Administrator on deceased person cases that are open, closed, pending, NCPA Creditor Claims, non-cases or cases that have been turned over to family. The report was in the back-up . EMERGENCY MANAGEMENT

Commissioner Blundo

made a motion to determine the excess Nye County Department of Emergency Management vehicles and/or equipment were no longer required for public use and it was in the best interest of Nye County, the public and its constituents to dispose of the excess vehicles and/or equipment through public auction with any resulting proceeds deposited into 10401 or 10402, Capital Projects, based on Comptroller determination ; seconded by Commissioner Strickland. Jim Petell asked what kind of equipment it was.

Commissioner Koenig

referred Mr. Petell to the back-up . June 16, 2020 41. For Possible Action - Discussion and deliberation to: 1) Determine that excess Nye County Department of Emergency Management vehicles and/or equipment are no longer required for public use; and 2) Determine it is in the best interest of Nye County to dispose of excess vehicles and/or equipment through public auction with any resulting proceeds deposited into Fund 10401 or 10402 Capital Projects based on Comptroller determination upon receipt of the funds­ Cont'd.

Mr. Petell

stated he was stuck at Big Dune and got no response from the Sheriff's Office Search and Rescue.

Mrs. Rucker

then advised the County received CARES Act Funding and the State of Nevada was passing through $8.496 million. Those funds could not be used for revenue recovery. They could be used to cover expenses realized between March 1, 2020 through December 30, 2020, and the funding must be spent by December 30, 2020, with any unused funds to be returned. County expenses must not be budgeted expenditures . They must be unforeseen. Preliminary research showed eligible uses would be COVID response activities; new programs to address ongoing needs related to COVID; and subgrants to non-profits, community organizations and other local June 16, 2020 42. For Possible Action - Presentation and direction to staff regarding the current and future financial condition of Nye County as related to the COVID-19 outbreak­ Cont'd. governments within Nye County, including possibly to the hospital, for COVID-19 related costs , and to small business impacted by COVID .

Commissioner Blundo

disclosed he held a privilege license and a liquor license and operated a small business in the community. Tim Sutton said once the guidelines were clear they would be brought back to the Board for decisions on distribution .

Commissioner Wichman

made a motion to ratify the County Manager's acceptance of the grants for the Beatty Airport, the Gabbs Airport and the Tonopah Airport and deposit funds into 10340 , Grants; seconded by Commissioner Blundo ; 5 yeas .

Commissioner Wichman

made a motion to ratify the County Manager's acceptance of the grants for the Beatty Airport, the Gabbs Airport and the Tonopah Airport and deposit funds into 10340, Grants; seconded by Commissioner Blundo; 5 yeas.

Commissioner Wichman

made a motion to ratify the County Manager's acceptance of the grants for the Beatty Airport, the Gabbs Airport and the Tonopah Airport and deposit funds into 10340 , Grants ; seconded by Commissioner Blundo; 5 yeas .

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. June 16, 2020 HUMAN RESOURCES

Commissioner Koenig

made a motion to advertise and fund a full-time law clerk position for Judge Wanker, District Court, Department 1; seconded by Commissioner Blundo; 5 yeas.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. INFORMATION TECHNOLOGY

Commissioner Blundo

made a motion to approve as stated on the agenda item; seconded by Commissioner Strickland ; 5 yeas . PLANNING/BUILDING/CODE COMPLIANCE

Commissioner Koenig

asked about the lack of dates on the report. Halfway down the second page the last action date was May, 2019, and he wondered what had been done since then. He said he would like to see more detail. Code Compliance Officer Amanda Marshall said it was an error in marking it closed .

Commissioner Blundo

said he had submitted a complaint about a hemp facility operating without proper water, a business license, etc ., on Quail Run Road and asked for an update on the complaints he had submitted . June 16, 2020

Commissioner Blundo

pointed out this only changed mobile billboards .

Commissioner Blundo

made a motion to set the date and time as July 21,2020 , at 10:00 a.m. in chambers; seconded by Commissioner Wichman ; 5 yeas.

Commissioner Blundo

read the title of the bill into the record.

Commissioner Blundo

made a motion to set the date and time as July 21,2020 , at 10:00 a.m. in chambers; seconded by Commissioner Strickland; 5 yeas .

Commissioner Blundo

read the title of the bill into the record . PUBLIC WORKS

Commissioner Blundo

commented this was a significant investment in Amargosa Valley.

Commissioner Blundo

made a motion to award Bid 2020-06 to Wulfenstein Construction in the amount of $1,299,360.43, execute the contract and fund from 10205 , Nye County Road Fund; seconded by Commissioner Wichman; 5 yeas . June 16, 2020

Commissioner Koenig

said he would like to see a report once a month on any requests for open positions and whether the accruals were met. He also said to reduce his pay by 2.25% through September.

Commissioner Cox

asked Tim Sutton for an update on the all in one building.

Mr. Sutton

said there was a lead who was running the project with the help of inmates , but the inmates could not be used due to COVID-19 and the lead took another job. Inmates had been authorized again and staff was in in the process of or already had hired the project lead .

Commissioner Strickland

said to reduce her salary too.

Commissioner Wichman

also said to reduce her salary by 2.25% through the tenure of her time on the Board . She then explained she was not traveling to Pahrump due to the budget issues and it was more beneficial to the County for her to stay in Tonopah for the meetings.

Commissioner Blundo

asked for a status of the convention center at the fairgrounds as well as the animal shelter.