October 20, 2020

Commissioner Cox

was present via telephone.

Commissioner Strickland

disclosed she had a contractor’s license in general contracting, well drilling and septic systems. She was also a licensed real estate broker brokering in water rights and operated a storage facility. She saw no conflicts within the agenda.

Commissioner Blundo

asked if a person was prescribed medication after they took a COVID test or if there was a cure. Chief Lewis explained there was nothing specific for COVID prescribed by the doctors, but that was also not part of the tracing process. There was no requirement to report what they were doing for the patients as it was HIPPA protected.

Commissioner Koenig

hoped the State would not hold the 20 cases in CCA against the County. Chief Lewis said he had been stressing that was an isolated issue in a facility the County had no control over.

Commissioner Blundo

encouraged everyone to vote. He advised Nevada COED, the economic portion of the State, had a new grant to assist businesses called the PETS Grant. He then asked for an item on either the November 10 or 16, 2020, agenda to recognize the White House recommendations versus the directives to fully reopen Nye County, be maskless, and do away with the OSHA fines.

Commissioner Wichman

referenced the list of requests the County made on other land bills going through other counties. She advised the Board she had also promoted the same list on the request for the Fallon Naval Air Station expansion as well as the Nellis expansion.

Commissioner Strickland

said Pete Goicoechea spoke to the Nye County Republican Party and said the State would also have COVID money for businesses and non-profits. There was $20 million in the kitty now. The program started yesterday and would run for ten days. Applicants had to provide a W-9, a copy of the business license and had to have less than 50 employees. The Web site was www.asknevadatreasurer.qov and

Commissioner Strickland

asked staff to put that on the County Web site.

Commissioner Koenig

said the Veterans’ Banner Program was ongoing. For some reason there were very few applications and he encouraged people to put their applications in. People who were approved in the past had to re-apply. Commissioner October 20, 2020 4. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. Koenig then advised there would be a meeting with the CLGF on November 9, 2020. He doubted the County would be taken off of fiscal watch then, but he thought the County was a lot closer. Treasurer John Prudhont said the second Treasurer trust property auction would be October 30, 2020 through November 3, 2020, and would be all on-line at www.bid4assets.com/nye. The deposit and administrative fee to bid was $535.00. Tim Sutton announced October was Domestic Violence Awareness Month and October 22, 2020, was Domestic Violence Awareness Day. People should wear purple.

Commissioner Koenig

said he would look into it and bring it up to the task force. Ammie Nelson said that while there may not be a problem with ballot voting in Nye, it was always better to vote in person. She also hoped information about the Treasurer’s trust sale would be put on the Web site. Sam Jones said he was ashamed that the County let the Governor make the law as governors could not make law. He also commended the Sheriff for her letter to the Governor stating she would not enforce the Red Flag Law. Douglas Joseph Herich said he was a non-citizen Unites States national and he could not vote. He referred to a legal status meaning that the legal name was subject to the jurisdiction of the United States. He submitted information on that jurisdiction to the Board. Tom Waters thanked Commissioner Koenig for mentioning the Veterans Banner Program as well as the Board, the County Manager and staff for supporting the program. He reiterated that veterans who had a banner up before had to reapply and the families of veterans could apply on behalf of a veteran as well. October 20, 2020 6. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item. (FIRST)-Cont’d. Diane Southworth provided an outreach update including Oasis Outreach’s food distribution on October 22 and 29, 2020, at the Calvary Church; vouchers for free showers were available at the Nye Communities Coalition and they were also working on transportation issues; the Cleveland Clinic would start doing some free services and telehealth; diabetic self-management programs; openings at Americorps; classes on mental health for youth; and the Salvation Army was looking for people to ring the bells.

Sheriff Wehrly

advised her office would host a haunted driveway at 843 W. Basin on October 30-31, 2020, from 6:00 p.m. to 9:00 p.m. The objective was to give people a place to go for Halloween and not get out of their cars. Secondly, she explained the Sheriff’s Office was not the mask police, however, a business had a right to trespass anyone that was not complying with their internal rules and regulations or was just causing a nuisance. Andrew Alber-ti said he had not been able to get an answer to his question about if the $500,000.00 payment that the new operator of the Tonopah hospital was supposed to receive from the previous operator was ever made. As to voting, Mr. Alberti said he submitted several changes for voter information and he checked to make sure the registrations were properly done. When he checked the voter list he discovered they were listed as Republican and not the party they submitted. When he called the Clerk’s Office they agreed and made the change. He had also done a mailer a year ago from the voter list, 750 of which were returned stating no longer at this address, not forwarded, deceased, etc. Mr. Alberti questioned how valid the voter list was and since it was election season he hoped the Commissioners would look into that question as well. Mr. Alberti then submitted his request per the Public Records Act if the $500,000.00 was ever received from the man who was supposed to pay it. Darrell James Lackey talked about the homeless problem and how it was growing. He was disappointed that more people were not supporting his program to take people from homeless to taxpayers. Ski Censke said the Nye County/Town of Pahrump vehicle auction would occur on October 24, 2020. There were about 60 vehicles and the catalog was available on-line. Faith Muello said Clean-Up Pahrump was created in February, 2018. Citizens went out and cleaned up trash one hour a week. They had 750 members on Facebook and the Web site was www.cleanupahrump.orq. They recently became a non-profit and Ms. Muello wanted to officially come and introduce them. She said they could use some help and believed if everyone got out there one hour a week the town could be cleaned up. October 20, 2020 6. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item. (FIRST)-Cont’d. Wayne Conrad referred to the comments made by Sam Jones and said the Board did not make a motion to send the letter to the Governor’s Office. He also told Mr. Lackey there were programs available for the homeless, but there were many people who did not want that help.

Commissioner Blundo

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

Commissioner Blundo

presented Trooper Branski from the Nevada Highway Patrol with a letter of appreciation.

Commissioner Blundo

made a motion to continue this item until November 16, 2020, at 10:00 am.; seconded by Commissioner Strickland.

Commissioner Koenig

opened and closed the public hearing. October 20, 2020 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt or reject Nye County Resolution No. 2020-32-Cont’d.

Ms. Marshall

stated the time for the second inspection was set for the same time as the first inspection, 2:00 p.m. As to the text messages, she did not receive one this morning.

Ms. Mosley

advised she was in the process of selling the house and moving to Oregon.

Commissioner Strickland

made a motion that a nuisance did exist and abatement should be in order; seconded by Commissioner Blundo.

Commissioner Cox

asked if the pictures were recent.

Ms. Marshall

responded there were two sets of pictures, one from the exterior and interior taken on September 23, 2020, and pictures of the exterior of the home taken yesterday.

Commissioner Cox

said the front outside looked cleaned up, the backyard was fenced, and she did not see a nuisance. She still believed the Board had no right to tell Ms. Mosley what she could do inside of her home. She felt this was the homeowners’ association issue and suggested either postponing this to give Ms. Mosley a new start in life or get out of it altogether. October 20, 2020 11. 10:00 a.m. For Possible Action Continued Hearing to Show Cause, — — discussion and deliberation pursuant to Nye County Code 17.04.860 to: 1) Determine if unhealthful nuisance conditions exist at 5908 E. Badlands Lane, Pahrump, NV, Assessor’s Parcel Number 046-011-13, Property Owner Mosley, — Jorja Faye Shrouder Trust; and 2) If a nuisance does exist, whether the nuisance should be abated or removed; or 3) Determine there is no nuisance-Cont’d.

Commissioner Wichman

explained the only way the Board could determine there was a public nuisance was by finding that her property was causing a safety, health or welfare issue for the neighbors. To her this looked like the homeowners’ association had used the County to be a stick to beat her with. It was different when she did not have water or plumbing, but Ms. Mosley corrected that problem. She also had ingress and egress to the house now. Commissioner Wichman said it was not the Board’s job to dictate how people lived and what they had in their home.

Commissioner Blundo

confirmed with staff there was running water and electricity at the home. Planning Director Brett Waggoner said the original intent and issue had been washed over with whether or not the County was trying to act as the hand of the HOA. Having sheds in the backyard without County approval was not the issue. The issue inside the home was if she needed medical attention medical personnel could not get to her, which was her choice. The issue with the outside was as of September 23, 2020, there still remained on the side of the home and garage a tarp over piles of household garbage just sitting there. In the backyard there were bottles of urine, used potty pads, and containers of feces. Mr. Waggoner stated that was where the nuisance lied and what the rodents were being attracted to. The household garbage and other biohazardous materials was what would need to be abated.

Commissioner Blundo

said he would personally entertain a motion to abate what was just described which could be the heart of the public nuisance. If when Code Compliance went out there in seven days those items were still there then the abatement would happen.

Commissioner Strickland

withdrew her motion; Commissioner Blundo withdrew his second.

Commissioner Blundo

made a motion that within seven days Ms. Mosley would have the opportunity to address the items stated by Mr. Waggoner, specifically feces, urine or things of that nature that could be considered a public nuisance on the outside of the property; if within seven days from this meeting excluding weekends and holidays Code Compliance went out and the items were still there then it would need to be abated and the abatement would begin; if she took care of the items within that time then it would be considered that there was no nuisance; seconded by Commissioner Wichman. October 20, 2020 11. 10:00 a.m. For Possible Action Continued Hearing to Show Cause, — — discussion and deliberation pursuant to Nye County Code 17.04.860 to: 1) Determine if unhealthful nuisance conditions exist at 5908 E. Badlands Lane, Pahrump, NV, Assessor’s Parcel Number 046-011-13, Property Owner Mosley, — Jorja Faye Shrouder Trust; and 2) If a nuisance does exist, whether the nuisance should be abated or removed; or 3) Determine there is no nuisance-Cont’d.

Commissioner Ccx

still felt this was a homeowners’ association problem and they should send the letter. She did not want to spend the taxpayers’ dollars on this. Chris Arabia pointed out that according to the agenda item there had to be a determination yes or no on whether there was an unhealthful nuisance and whether to abate or remove or in the alternative to determine there was no nuisance. He was not sure where the seven days came in.

Commissioner Koenig

explained it was seven days for her to do it herself and if not done in seven days the County would abate it. He then pointed out the motion also had to include it was an unhealthful nuisance.

Mr. Arabia

said if the Board chose to go that route then this item would have to come back to make the determination and have the item contain an option for directing her. He realized this was a bit of a quagmire and had dragged on, but if there was nothing decisive today it would probably be best to bring it back.

Commissioner Wichman

made a motion that an unhealthful nuisance condition existed at the address and to abate that unhealthful nuisance.

Commissioner Wichman

explained that meant someone was going to have to contract with someone to clean it up as the County did not have the staff to do it. If the HOA was able to go out there and clean it up before the County could get someone out there it was a done deal anyway.

Commissioner Strickland

seconded the motion that an unhealthful nuisance condition existed at the address and to abate that unhealthful nuisance. Sam Jones stated it was not the County’s job to take care of this. People would live the way they wanted to live. Ammie Nelson also felt this was not the County’s problem and it should be put off so

Ms. Mosley

had time to remove what needed to be removed. John Bosta said Commissioner Strickland did not disclose she was in real estate and felt she had a vendetta against Ms. Mosley. The nuisance should be in the house, not in the yard, and he wondered if the urine was tested. October 20, 2020 11. 10:00 a.m. For Possible Action Continued Hearing to Show Cause, — — discussion and deliberation pursuant to Nye County Code 17.04.860 to: 1) Determine if unhealthful nuisance conditions exist at 5908 E. Badlands Lane, Pahrump, NV, Assessor’s Parcel Number 046-011-13, Property Owner Mosley, — Jorja Faye Shrouder Trust; and 2) If a nuisance does exist, whether the nuisance should be abated or removed; or 3) Determine there is no nuisance-Cont’d.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland; 5 yeas

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners.

Commissioner Ccx

asked if chip sealing could be done in cold weather.

Mr. Boiling

said they would try to do what they could, but it had to be a certain temperature during the day.

Commissioner Blundo

asked Mr. Boiling to talk to VEA about putting up more lights around town, especially around prominent intersections. He was frustrated with the RPC chip seal project and the timing of that. He asked if it would be too cold to chip seal and get that paving done.

Mr. Boiling

said it could possibly be too cold, but they would definitely watch it and if they saw a week coming up that would be warm enough they were prepared to get some done.

Commissioner Biundo

asked for a request to NDOT to pay more attention to Highway 160 and Oxbow and a reminder to them the County was still interested in a right-turn lane on Highway 372.

Commissioner Koenig

said all he requested was a dotted line there instead of a solid line, which was an easy fix. John Bosta complimented Director Tim Dahi on the excellent job he was doing in the rural communities. October 20, 2020 14. 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. Ammie Nelson said she was happy to hear about the four-way stop signs on Charleston Park and Barney. While they were there she hoped they could come by Prospector between Barney and Woodchip as there were some good-sized potholes and the sides of the roads were falling apart.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Strickland

assumed the Chair of the Licensing and Liquor Board. October 20, 2020 BROTHEL 15. For Possible Action Discussion and deliberation to waive annual or quarterly licensing fees for brothel licensees for one year for Quarters 3 and 4 of Fiscal Year 2021, and Quarters I and 2 of Fiscal Year 2022 (January 1, 2021 to December 31, 2021) in an approximate amount of $92,500.00.

Commissioner Koenig

pointed out the agenda item said brothels were ineligible for the federal CARES Act, which has now changed and they were eligible. He knew at least one of them put in for funding.

Commissioner Blundo

explained when he wrote this they were ineligible and he did not know how they were eligible because there was a box that said if they were in the sex work industry they were ineligible. He said he was asking the Board to be equally fair to businesses across the slate and support this item.

Commissioner Strickland

asked why one year of fees as they were reopening.

Commissioner Blundo

said he felt it would take time for them to recover and the gesture was showing support of them reopening. It would also be easier on staff.

Commissioner Wichman

pointed out that item 41 had a line which specifically had to do with brothels.

Commissioner Blundo

said they did not fit the parameter of the CARES Act. Employees were eligible, but not the businesses.

Sheriff Wehrly

agreed that the County should not be charging business license fees for businesses that were closed for a long period of time. Judy Kevoian, general manager of the Chicken Ranch Brothel, said they had been closed since March 17, 2020. They paid three quarters of licensing fees for nothing basically. This was dear to them and it meant a lot that the Board would even consider it. Grants Administrator Samantha Kramer said the Governor’s Office looked into this. There was no federal prohibition on legal prostitution which was why the program was opened to the brothels. Pat Minshall from Amargosa Valley understood giving back quarters three and four of FY20 and thought quarters one and two should be given back for 2021, but she did not see it going to 2022.

Commissioner Blundo

said instead of going backwards issuing refunds he thought moving forward those quarters could be waived. October 20, 2020 15. For Possible Action Discussion and deliberation to waive annual or quarterly licensing fees for brothel licensees for one year for Quarters 3 and 4 of Fiscal Year 2021, and Quarters I and 2 of Fiscal Year 2022 (January 1, 2021 to December 31, 2021) in an approximate amount of $92,500.00-Cont’d. Jonathan Kiempa from Sherry’s Ranch thanked the Board for addressing this issue. The brothels had been ineligible for PPE and EIDL loans because of the type of business and that was the funding the small businesses have had to maintain during the pandemic. Ammie Nelson said the brothels were one industry that helped the community. Since they had been shut down and people relied on their income they should get as much relief as any other business in the County. She urged the Commissioners to vote for this.

Commissioner Koenig

made a motion to waive the quarterly licensing fees for brothel licenses for quarters three and four of FY21 and quarter one of FY22; seconded by

Commissioner Koenig

said he did not believe they would be shut down for a year.

Sheriff Wehrly

noted when the town was struggling to put the first rodeo on the brothels stepped up. They had helped this community and the town for many years.

Commissioner Koenig

made a motion to issue a retail liquor license for Smokin J’s BBQ located at 107 W. Main Street, Beatty, Nevada; seconded by Commissioner Blundo; 6 yeas.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. October 20, 2020 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Strickland

made a motion to waive the arena use fees for the Pahrump Valley High School and Junior High School Rodeo Club along with the Pahrump Valley Fire and Rescue Service staging; seconded by Commissioner Blundo. Buddy Krebs thanked the Board for their support and hoped the community would come out and support them.

Commissioner Strickland

disclosed she donated for sponsorship and did not think it affected her one way or another.

Commissioner Blundo

disclosed he had a Nye County privilege liquor license and it would not have a material or pecuniary effect on his voting or participating

Commissioner Strickland

made a motion to adopt the Town of Pahrump Off Highway Vehicle Park Advisory Committee; seconded by Commissioner Blundo. Robert Adams asked for an amendment to the resolution under section C stating the duty of the committee was the daily operation of the park. He felt adding that language would clarify that was their duty.

Commissioner Koenig

felt that would be more appropriate in the by-laws.

Commissioner Koenig

said on page 1, Membership, section A, the number of voting committee members needed to read ‘shall be seven” instead of “shall seven.” He also believed under Membership it needed to state it had to be advertised in a local paper and somewhere in the bylaws it should be stated they had to abide by the Open Meeting Laws. As to Robert Adams’ suggestion, Commissioner Strickland said she would prefer to see that in the operations and procedures manual that needed to be developed as procedures could be changed quicker than bylaws. Chris Araba said Mr. Adam’s concern was the bylaws did not have the third element under the purpose clause in the resolution which pertained to operating the entity in conjunction with Buildings and Grounds. If the Board was going to amend this it would probably be a good idea in addition to the procedures section to put something in there that said that so someone could not come back and say they were overstepping their authority.

Commissioner Strickland

made a motion to amend the Town of Pahrump Off Highway Vehicle Park Advisory Committee Bylaws to include the “be” in item A, include in item C “in a local paper,” refer to section C of the resolution, which said “operating the Pahrump OHV park under supervision and cooperation of the Nye County Facilities Department and the Pahrump Buildings and Grounds Department,” and add “following all applicable laws, rules and policies including Open Meeting Laws;” seconded by

Commissioner Blundo

. Ammie Nelson mentioned there were a lot of people who did not get the paper and she would like it advertised on social media as well. Samantha Tackett advised the notices of vacancies were advertised on the Town of Pahrump Web site, the Nye County Web Site, and both Town and County Facebook pages.

Commissioner Wichman

made a motion to approve items 21-26; seconded by

Commissioner Blundo

; 5 yeas.

Commissioner Wichman

made a motion to approve items 2 1-26; seconded by

Commissioner Blundo

; 5 yeas.

Commissioner Wichman

made a motion to approve items 21-26; seconded by

Commissioner Blundo

; 5 yeas.

Commissioner Wichman

made a motion to approve items 21-26; seconded by

Commissioner Blundo

; 5 yeas. October 20, 2020

Commissioner Wichman

made a motion to approve items 2 1-26; seconded by

Commissioner Blundo

; 5 yeas.

Commissioner Wichman

made a motion to approve items 2 1-26; seconded by

Commissioner Blundo

; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Koenig

said he sponsored this because he had received several complaints, but there were also a lot of people who liked balloons. Instead of wasting staff time by directing them to develop an ordinance that no one agreed with he decided to bring this to the Board first to decide if there was a need to develop an ordinance. He said he got upset when there was a balloon hovering over his head or when they were hovering over someone’s house and making the dogs bark, but they looked nice when they were in the air in the distance.

Commissioner Strickland

said fly zones could not really be controlled, but maybe the takeoff and landing zones could.

Commissioner Koenig

said that and height.

Commissioner Strickland

noted the law was they had to maintain 500 feet.

Commissioner Blundo

said the Code Compliance Officer filed an FAA complaint, which was where the complaints should be filed, so he wondered if this was just to mirror some of those portions.

Commissioner Wich

man asked if this was to be considered that it be isolated to the PRPC as there were a lot of hot air balloon pilots in the north that had been flying for 15 years with no problems or complaints. She did not want to put restrictions on them. Maxine Levy asked for regulations to stop the slow descents and low altitude hovering of balloons over Pah rump homes as her animals were terrified of the balloons. Since prevailing winds were blamed for most landings near Pahrump homes she suggested the Commissioners require the companies to start their flights further away, perhaps at the fairgrounds, or to be permitted by BLM to launch near the Highway 160 Tecopa turn off and land in the vacant lands south of town totally avoiding any homes or animals. She felt balloon companies were coming to operate in Pahrump because access was totally unrestricted. Ms. Levy felt peace and quiet, privacy, and the safety of residents’ property and animals had been compromised. Chris Arabia said he had looked into this and it was appropriate to go to the FAA because when the balloon got airborne the FAA was the one. Clark County had some good requirements and he thought his office would be willing to look into it closer and make some recommendations about ways to achieve the objective. October 20, 2020 33. For Possible Action Discussion and deliberation to determine if an ordinance is needed to regulate hot air balloons in Nye Countv-Cont’d. Helene Williams talked about a hot air balloon organization in Reno. She was concerned with the documents being presented about the animals as animals did not get that excited about something overhead at the distance the balloons flew. She asked if the County would take every opportunity to develop some kind of ordinance to stop everything that happened in the community. Debra Lavoie pointed out the balloons were not at the height they should be and the balloons scared her animals to the point she lost an animal because it was trampled. She felt their privacy had been violated for over a year. Ammie Nelson thought a change of venue might be the answer.

Commissioner Koenig

said he had a meeting with the balloon owners and thought the issue was resolved, but now they were doing the same things again. John Bosta suggested reaching out to Reno to see what they did to regulate a balloon festival. Robert Behrman said he was one of the complainants about the balloons. He had no problem with them flying at their regulation, but they had flown 30 feet above his house and he had lost livestock because of it which had cost him money as well as time lost at work. Janice Berard said she lived near the park in Reno where they put on the balloon races and there were no animals. She felt taking it to a place further away would be the answer. Tim Sutton addressed the suggestion made to allow the balloons to take off at the fairgrounds and he discouraged the Board from doing so to avoid the liability.

Commissioner Koenig

liked the District Attorney’s idea and suggested they look at Reno as well.

Commissioner Blundo

and Mr. Arabia discussed whether this would rise to the level of trespass and if those remedies could be sought if balloons continually landed in someone’s yard. Mr. Arabia said they would look into it and update the Board.

Commissioner Koenig

said he did not want an overbearing ordinance on this. He just wanted something that told people to stay up in the air when flying over people’s homes and try to land in areas where there were no homes.

Commissioner Wichman

reiterated her request that this be contained to the PRPC. October 20, 2020 33. For Possible Action Discussion and deliberation to determine if an ordinance is needed to regulate hot air balloons in Nye County-Cont’d.

Commissioner Blundo

noted NRS 493.103 regarding drones used 250 feet for trespassing.

Commissioner Blundo

said the cannabis industry was federally illegal and was ineligible for federal CARES Act Policy dollars. He felt they were definitively affected by COVID and thought it was a very positive gesture for the licensees in Nye County as they provided jobs and tax revenue. The other component would be to allow staff to credit the late fees due to COVID.

Commissioner Koenig

said based on his review of the payment history for the sales fee on recreational marijuana since FY19 he saw no indication they got hurt. As far as the late fees, if he did not pay his mortgage or car payment he was charged for it, which he knew upfront. To him there was no excuse for the licensees not paying on time and those that did not were notorious for not paying on time. He said he could not support it.

Commissioner Blundo

said these establishments were not eligible for any programs and it was another gesture to other businesses in the County.

Commissioner Cox

said she agreed with Commissioner Koenig.

Commissioner Wichman

pointed out the fees were based on sales so to her it was self- evident that they were in business and she also agreed with Commissioner Koenig.

Commissioner Strickland

said the marijuana industry had been doing business based on the figures she had received and she could not support the item. Ammie Nelson agreed this industry did not take a loss and were not subject to the same consideration the brothels received as people were laid off there. John Bosta also agreed the marijuana companies did not lose money and pointed out no one was trying to waive the fees for the bars or the concealed weapon permits. Brett Waggoner noted these were not COVID-related. They were habitual problems with a few of the facilities. October 20, 2020 34. For Possible Action Discussion and deliberation to: 1) Waive annual licensing fees for mariiuana establishment licensees for one year (approximately $96,250.00); and 2) Credit any late fees previously paid by a marijuana establishment licensees between March 16, 2020 and December 30, 2020 towards future license fees (approximately $9,720.20)-Cont’d. Pat Minshall also agreed they were not losing money. She told the Board to help the brothels, the bars and the little restaurants that needed it. Sarah Chapman from NCCA said the industry appreciated that this item came forward. She asked Planning every month for sales. Recently she asked for the 2019 and 2020 2% fees paid which definitely showed sales of recreational marijuana were down at least 50% for March, April and May, 2020. Ms. Chapman said just like the brothel industry the cannabis industry had been a huge community partner.

Commissioner Blundo

made a motion to waive the fees as stated in the agenda item and to credit any late fees previously paid by an establishment between March 16, 2020 and December 31, 2020.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Wichman. John Bosta wanted to know if this was his case. If so, he felt he should be notified if it was going to the Attorney General. Janice Berard asked that her written statement be included in the minutes [see Attachment 1]. She wanted to know why there was no information provided as to what the case was and asked if it had to do with the issues Neal Jones had been pursuing. She thought it would be fair and legally wise to table this item until the District Attorney could provide additional back-up and explanation.

Mr. Arabia

stated it was not appropriate for him to comment and people needed to remember this was criminal, not civil, which included prosecutorial discretion. They got October 20, 2020 35. For Possible Action Discussion and deliberation to: 1) Adopt, amend and adopt or reject Nye County Resolution No. 2020-35-Cont’d. to decide to file charges and what charges to file and did not have to run it by anyone. However, he and his office identified the conflicts with them being potential witnesses and it was not appropriate for his office to handle it. It was appropriate to have the Attorney General come in and take it over. Ammie Nelson felt it was a simple request and she supported the item.

Commissioner Wichman

made a motion to determine that Nye County Sheriff’s Office K-9 Amigo and K-9 Eddie were no longer required for public use; to surplus both Eddie and Amigo due to medical issues; determine it was in the best interest of Nye County to retire and transfer ownership and medical responsibility of Eddie to Sergeant Jason Blackburn and Amigo to Deputy John Powell; and to delegate authority to the Sheriff to execute the agreements between the Sheriff’s Office and both Jason Blackburn and John Powell for ownership of the K-9s; seconded by Commissioner Blundo. Lieutenant James McCrary and Sheriff Wehrly thanked the Board for considering the retirement of these K-9s.

Mrs. Rucker

said the grants fund was administered separately from the general fund.

Commissioner Blundo

disclosed he held a Nye County privilege license and a Pahrump Town business license. Having those licenses and being part of the business community in Nye County would not preclude him from participating. Grants Administrator Samantha Kramer said the first page of the back-up was an updated breakdown of the CARES funding. Applications received for the public rental/mortgage assistance program had significantly increased as of yesterday to 62.

Commissioner Blundo

stressed the need to spend the money and wondered when action would be taken if the money was not spent.

Ms. Kramer

said she could bring it back on December 15, 2020, if there was money left and changes needed to be made. Savannah Rucker added changes at the federal level could also involve an extension beyond December 31, 2020. October 20, 2020 41. For Possible Action Presentation, discussion and possible amendment of the Nye County CARES Act Policy-Cont’d.

Ms. Kramer

said the changes included that federally legal businesses could apply for funding from the small business program, which included brothels. Information from the Governor’s Office indicated they had to be federally legal businesses, and she understood the laws governing prostitution was a state law while federal law prohibited the use and sale of marijuana. She believed the brothels would qualify, but they needed to apply and provide the required paperwork. Another change was made to the PPE to change the deadline for applications to December 4, 2020, to allow time to bring this back on December 15, 2020, to reallocate funds. Another change was made to address incomplete applications. Ms. Kramer said they would like to deny an application if the respondent had not responded within ten business days. That would be added to the small business program and the public program for rental assistance. She would also like a change to the working capital program which was not in the back up. Since non-profits were applying rather than employees, she would like to add $10,000.00 to non-profits under the working capital program since they had volunteers rather than employees.

Commissioner Blundo

made a motion to amend and adopt with the changes in the back-up and the change as stated for the non-profits; seconded by Commissioner Strickland; 5 yeas.

Commissioner Cox

did not see any reason to set a particular date right now. She said while the State lifted its eviction moratorium, the federal moratorium was still in place. She would like to put this off until after the first of the year to give Ms. Allison more time to be able to meet some of the requirements that the Planning Department wanted.

Commissioner Blundo

made a motion to continue this item until the Pahrump meeting in February, 2021; seconded by Commissioner Wichman; 4 yeas. Commissioner Strickland voted nay. PUBLIC WORKS

Commissioner Wichman

made a motion to approve items 44-46; seconded by

Commissioner Strickland

; 5 yeas. October 20, 2020

Commissioner Wichman

made a motion to approve items 44-46; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Wichman

made a motion to approve items 44-46; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

made a motion to accept a restrictive covenant running with the land agreement between Nye County and Pahrump Investment, LLC, for the property located at 40 East Basin Avenue; seconded by Commissioner Strickland; 5 yeas

Commissioner Blundo

asked for the letter to the COB Department of Taxation to get the tax for the other marijuana licenses that were pulled back and lost. Savannah Rucker said during public comment a gentleman named Andy Alberti claimed he did not receive a response from her office. She advised Liz Enriquez spoke with him on September 10, 2020, to discuss the situation and let him know they were looking into it. A response had not been received from outside counsel dealing with the matter and they were following up with him now.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of , 2020. C ai Ny’ Coubty Clerk / Deputy BOCC STATEMENT 10/20/20 — Agenda Item #35 I request that this statement be included in the minutes of this meeting. I found it of concern that Agenda item #35 provided so little information to the public, especially to any party who might be affected with the decision that may be made today. The item refers to ‘submitted case evidence & conflicts of interest as witnesses’ within the DA’s office. But why is there no information provided as to what the actual case is? Why too is there absolutely no backup except the agenda request from the DA? I did make several inquiries as to why this was so. I did not get any satisfactory responses. In fact I was astonished as to how little those who should know actually knew less than me. So I am here to ask the question: Does Agenda Item #35 refer to the issue my partner Mr. Neal Jones has been diligently pursuing answers to with the DA’s office & the Commissioners, since the BOCC meeting on July 21, 2020? At this meeting, it was requested that the DA’s office review the concerns brought up by

Mr. Jones

relating to Nye County resolutions 2020-16 and 2013-17. They are resolutions related to the highly questionable transfer of title of lands in Manhattan and Belmont. So if this agenda item does indeed refer to Mr. Jones inquiries, does the DA’s office now want to pass off this issue to the AG instead of dealing with it themselves? I do not want to see that happen. I appreciate that Maria with the DA’s office has been willing to investigate Mr. Jones inquiries, but I am also concerned that kicking the can to the State AG is not the solution. NC needs to take care of it’s own business, for the State has proven time & time again that it has little interest in getting involved in the questionable activities that continue to occur in NC. Even if this Agenda item does not pertain to what I am questioning here, I still believe it is only fair & legally wise to table this item until the DA’s office is able to provide the proper information & backup so that all involved parties can be prepared & well informed. This includes the unknown party that this agenda item is alluding to, as well as the BOCC & the public they are elected to serve. Janice Berard AUACHMENT 1