November 10, 2020

Commissioner Cox

was present via telephone. A moment of silence was held for Commissioner-Elect Dick Gardner and Robert Larsen.

Commissioner Strickland

disclosed she was a licensed well drilling and septic contractor. She also brokered in water rights through a real estate company. If she saw any items she would declare at that time.

Commissioner Blundo

asked Chief Lewis for a copy of his report.

Commissioner Cox

talked about the national trucker strike scheduled for November 29, 2020.

Commissioner Wichman

mentioned a death at the Round Mountain Gold mine on Sunday, the first death of an employee at the mine ever, which was an amazing safety record.

Commissioner Blundo

said life was precious and one never knew when that would be the last phone call or get together with an individual. He asked people to cherish the time they spent with people. Michelle Nelson said Chris Arabia apologized for not making the meeting. He was in day five of a trial and was hopeful at the conclusion of the trial justice wouLd be served for the three-year-old victim and her family. Treasurer John Prudhont said the Treasurer’s trust sale was conducted at the end of last month and 329 parcels were sold. The gross amount of the sales was $938,145.00 with $579,487.00 being returned to Nye County.

Commissioner Blundo

asked if all available funding was being utilized.

Ms. Kramer

said the total eligible funding requests were $2,065,150.00. By prioritizing the projects a majority of the HUD funds available to the State were being used. The State received $3 million and the eligible projects totaled $2 million, so she thought adjusting the costs could be discussed with CDBG as well as looking into an in-kind match. Regarding the Nye Regional project, Ms. Kramer advised CDBG had CDBG CD funding available as well and suggested continuing through with approving that one to put through the application. For any future costs for the hospital district the CDBG CD funding could be looked at as CD was specific to mitigating COVID.

Commissioner Blundo

made a motion to move forward with the projects as listed in that priority; seconded by Commissioner Wichman; 5 yeas. November 10, 2020 SITTING AS THE BOARD OF COUNTY COMMISSIONERS FINANCE

Commissioner Blundo

asked what the fees and commission rate were for doing the work.

Mr. Peterson

said the fees for the work to refinance the bond were approximately $103,000.00 and there were no additional commissions on top of that.

Commissioner Blundo

made a motion to adopt Nye County Ordinance No. 557 and to execute; seconded by Commissioner Wichman; 5 yeas. November 10, 2020 TIMED ITEMS 13. 10:15 a.m. For Possible Action Discussion and deliberation regarding the — — Treasurer’s Report by Nye County Treasurer on bank reconciliation, Department of Taxation recommendations, and the balance in each county, state and, special fund, together with a statement of all money on deposit, outstanding checks against that money and cash on hand pursuant to NRS 354.280. John Prudhont said he attended the CLGF meeting yesterday morning. Chairman Leavitt acknowledged the progress of the Comptroller and Treasurer’s Offices. Mr. Prudhont advised the committee would consider removing Nye County from fiscal watch at the next meeting once they had reviewed the audit from FY20 18/2019 and the audit findings that put the County on fiscal watch. They would also review the audit for FY2019/2020. He then pointed to the increase in the Wells Fargo Securities investment account of $35,693.86. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Strickland

assumed the Chair of the Licensing and Liquor Board. LIQUOR 15. For Possible Action Discussion and deliberation regarding issuing a Retail Liquor License for O’Brien’s Bar and Grill located at 301 W. Leslie St., Pahrump, NV. Joan O’Brien Applicant

Commissioner Koenig

made a motion to issue a retail liquor license for O’Brien’s Bar and Grill located at 301 W. Leslie Street in Pahrump; seconded by Commissioner Wichman.

Commissioner Blundo

disclosed he held a Nye County privilege liquor license. He had no pecuniary interests that would sway his opinion on this item so he would participate and vote.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. November 10, 2020 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 16. For Possible Action Discussion and deliberation to appoint seven members and two alternates to the Pahrump Off Highway Vehicle Park Advisory Committee from the following list of applicants: Mark Broedling, Michael Chapin, Brad Harris, Kevin Harris, Jimmy Lewis, Jon Mazlo, Erica Muxlow, Doug Powell, Del Shemp, Don Tom and James Tyler.

Commissioner Strickland

made a motion to appoint Mark Broedling, Michael Chapin, Kevin Harris, Jimmy Lewis, Jon Mazlo, Erica Muxlow, and Del Shemp as members and Doug Powell and Brad Harris as alternates; seconded by Commissioner Blundo.

Commissioner Strickland

pointed out this was the OHV board that would build a track within the fairgrounds. Four of the applicants had built tracks before and six had experience in running tracks.

Commissioner Strickland

made a motion to appoint the first four members to the two- year terms and the one-year terms would fall in the order as written on the agenda item to those next three members; seconded by Commissioner Blundo; 5 yeas. 17. For Possible Action Discussion and deliberation to approve appointed members of the Pahrump Public Lands Advisory Committee (PPLAC) to enter into a Memorandum of Understanding (MOU) with the State of Nevada Department of Wildlife (NDOW) as individuals, should they so choose, for the purpose of conducting inspections and minor maintenance of certain Spring Mountain Wildlife Guzzlers.

Commissioner Strickland

made a motion to enter into a memorandum of understanding with the Department of Wildlife; seconded by Commissioner Blundo. Samantha Tackett clarified the item was approval for the advisory committee members, should they choose, to follow their own avenue with NDOW, not the County or the town.

Commissioner Blundo

made a motion to accept and execute the extension; seconded by Commissioner Strickland; 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. November 10, 2020 19. For Possible Action Approval of Assessor’s Office Change Requests to allow the Nye County Treasurer to process and: 1) Issue an amended tax bill in the amount of $665.73 to Vicky Walker, owner of 129 Summit St., Tonopah, NV, Assessor’s Parcel Number 008-141 -1 4. 2) Issue a refund in the amount of $195.77 to Diane L. & Charles R. Dearth, owners of 3271 W. Mesquite Ave., Pahrump, NV, Assessor’s Parcel Number 041-551-01. 3) Issue a refund in the amount of $232.99 to Theresa Tranquillo, owner of 1151 S. Comstock Cir. E., Pahrump, NV, Assessor’s Parcel Number 039- 441 -1 5. 4) Issue a refund in the amount of $515.61 to the Hazel D. Livingston Living Trust, owner of 271 W. Hallsway St., Pahrump, NV, Assessor’s Parcel Number 035-483-19. 5) Issue an amended tax bill in the amount of $1,080.52 to Gene White, owner of 610 W. Indian Wells Ct., Pahrump, NV, Assessor’s Parcel Number 043- 163-22. 6) Issue an amended tax bill in the amount of $641.61 to Zhanrong & Michael J. Zhang, owners of 2160 W. Larsen Dr., Pahrump, NV, Assessor’s Parcel Number 029-522-1 5. 7) Issue an amended tax bill in the amount of $2,412.42 to Sunset Reflections, LLC, owner of 850 5. Big Five Rd., Pahrump, NV, Assessor’s Parcel Number 035-354-02. 8) Issue an amended tax bill in the amount of $3,736.81 to John Dennis & Jeannie Rose King, owners of 4800 E. Parkwood Dr., Pahrump, NV, Assessor’s Parcel Number 043-641 -03. 9) Issue an amended tax bill in the amount of $1,601.96 to Ronald I. & Judith L. Doerksen, owners of 881 S. Woodships Rd., Pahrump, NV, Assessor’s Parcel Number 036-601-65. 10) Issue an amended tax bill in the amount of $4,881.97 to Pahrump Hospitality, LLC, Owner of 2130 E. Postal Dr., Pahrump, NV, Assessor’s Parcel Number 035-423-36. ii’ Issue an amended tax bill in the amount of $176.61 to Sharon A. Wehrly and Dana M. Gordon, owners of 160 S. Margaret St., Pahrump, NV, Assessor’s Parcel Number 035-331-1 0.

Commissioner Blundo

made a motion to approve items 19-21; seconded by

Commissioner Cox

asked why there were so many amended tax bills on the agenda. Tim Sutton suggested pulling this item and contacting the Assessor or it could be put on the next agenda. He said it was largely due to conversion issues moving to the DevNet program. He knew that was a problem with the software not just in Nye but throughout the State as well. November 10, 2020 19. For Possible Action Approval of Assessor’s Office Change Requests to allow the Nye County Treasurer to process and Issue Amended Tax BilislRefunds — Cont’d.

Commissioner Cox

said she would like it tabled so the questions could be answered.

Commissioner Blundo

amended his motion to approve items 20-21; Commissioner Wichman amended her second; 5 yeas. 20. For Possible Action Approval to: 1) Accept a Notice of SubAward for Community Services Block Grant (CSBG) for FY2021 in the amount of $120,884.00 to provide assistance to very low to low-income populations, along with Assurances. There is no County match required; 2) Execute the SubAward; and 3) Fund from 10340 Grants.

Commissioner Blundo

amended his motion to approve items 20-21; Commissioner Wichman amended her second; 5 yeas. 21. For Possible Action Approval to: 1) Accept the FY20 Homeland Security Grant Program (HSGP) Subaward from the Nevada Department of Public Safety, Division of Emergency Management and Homeland Security in the amount of $37,871.00 to establish a permanent Emergency Operations Center at the Nye County Emergency Management Complex in Pahrump, NV; 2) Delegate a one-time authorization to Comptroller, Savannah Rucker to execute the subaward documents through zoomqrants.com; and 3) Fund from 10340 Grants.

Commissioner Blundo

amended his motion to approve items 20-21; Commissioner Wich man amended her second; 5 yeas. BOARD OF COMMISSIONERS 22. For Possible Action Closure of meeting, pursuant to NRS 241.01 5(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 23. Closed meeting, pursuant to NRS 241.015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 24. For Possible Action Discussion and deliberation on conference with legal counsel regarding potential or current litigation presented in closed meeting. This item was removed from the agenda. November 10, 2020 25. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 26. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 27. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 28. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject revisions to the Board Appointment Guidelines.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland; 5 yeas. 29. For Possible Action Discussion and deliberation to approve a letter to be sent to the Cannabis Compliance Board regarding opening up the process to award new replacement marijuana licenses for any lost due to recent enforcement actions.

Commissioner Blundo

requested some changes. The first one was on the first page where it stated “However, the loss of licenses for one of the largest cultivation and production facilities in Nye County has a significant impact on tax and fee revenue.” He wanted to change that to read “has had a significant impact on employment opportunities and tax and fee revenue.” The next change was deletion of the sentence ‘The resolution of litigation on dispensary licenses should allow you to start reviewing the need for other licenses in the state” and adding “Awarding these licenses to a competent operator would assist in the economic recovery of the state.”

Commissioner Blundo

made a motion to approve with those changes; seconded by

Commissioner Strickland

; 5 yeas. November 10, 2020 30. For Possible Action Discussion and deliberation to approve, amend and approve or reject the official comments Nye County will send to the Nevada Division of Water Resources (DWR) for proposed basins in Nye County and adjacent counties.

Commissioner Strickland

said she wanted to make one change. On page 1 she would like to eliminate the second sentence in the first paragraph which read “Some of those basins had severe challenges from over-pumping and over-allocation of water rights.”

Commissioner Wichman

also had changes she wanted made. The language in the first paragraph stating “We appreciate the extension of time to provide comments until December 1, 2020” she felt should be put at the end of the paragraph. In the first paragraph on the second page the sentence said “Finally, you propose to designate preferred uses in some of the basins and exclude irrigation as a preferred use in these basins”. She felt the second “in these basins” should be removed as it was repetitive. The last sentence in that paragraph which read “Agriculture and irrigation is the main water use in these areas and the designation of preferred use will cause significant harm to the impacted farmers, ranchers and local communities” she wanted rephrased to “significant impact to farmers, ranchers and local communities.”

Commissioner Strickland

suggested “will cause significant harm and impact farmers, ranchers and local communities,” which Commissioner Wichman was fine with.

Commissioner Wichman

wanted the first sentence under paragraph 1, “Postpone the designation of any new basins until after the pandemic is over” removed because she agreed with everything in the letter with one exception. She believed designating these basins at the first level of designation would be a benefit to everyone because then the County was notified if there was any kind of an action taken.

Commissioner Wichman

made a motion to approve the letter with the corrections stated and get it sent out; seconded by Commissioner Blundo. Greg Dann felt all the problems would go away if action was taken specifically on the beneficial use laws, which was not addressed in the letter. He asked the State Engineer to address that. John Bosta pointed out there was no mention of domestic well use. Also, water was not being moved from one basin to another, just the point where the water was withdrawn. He thought this was totally illogical. Dwight Lilly said there was a severe drought situation in Nevada right now and it appeared the State Engineer was trying to address the over-appropriation of water rights. He understood there were agricultural operations going on, but in a desert climate with the over-pumping he believed the entire agricultural industry was short lived in southern Nevada. He also pointed out there was no mention of well owners.

Mr. Lilly

opposed the Board attacking the State Engineer’s efforts to try to regulate the November 10, 2020 30. For Possible Action Discussion and deliberation to approve, amend and approve or reject the official comments Nye County will send to the Nevada Division of Water Resources (DWR) for proposed basins in Nye County and adjacent counties-Cont’d. over-appropriation of water and felt it was time for the farmers to start retraining themselves for another field.

Commissioner Strickland

pointed out Basin 162 was not on the list. Helene Williams said what the community needed to understand was of the 256 basins in Nevada 117 were not designated. DWR was taking 64 basins and designating them with this designation all at one time. She did not understand the urgency for DWR to do this the way they were.

Ms. Ziotek

then addressed Mr. Jones’ concerns with Resolution No. 2013-17, Belmont.

Mr. Jones

stated that the Town of Belmont was a non-existent governmental entity. Ms. Ziotek explained Belmont was created by a trustee town site patent by Nye County District Court Judge D.C. McKenna under U.S. Congressional Authority on May 23, 1844, patent 657. In 1991 Nye County Resolution No. 91-30 adopted a record of survey as the official map of the Town of Belmont. In 1996 Nye County Code (NCC) 2.20 set forth the Belmont Advisory Board and defined the community of Belmont as an area comprising Sections 25, 26 and 36, Township 9N, Range 45E MDB&M. Resolution No. 2013-17, Belmont, was passed on April 24, 2013. The unincorporated town government law was adopted in 2014 as set forth in NCC 2.18. As such, the unincorporated town government law of NRS 269 did not apply. In 2013 NRS 269.010(2) stated that in a county whose population was less than 700,000 which had not adopted the unincorporated town government law none of the powers or jurisdiction in this chapter authorized or required may be exercised in any town or city unless a number of requirements that were listed were met. Ms. Zlotek said she could not find documentation or evidence of those being fulfilled. Since in 2013 NRS 269.010(3) stated the board of county commissioners constituted the governing body of all unincorporated towns, it was the recommendation of the District Attorney’s Office that it prepare an agenda item to amend Resolution No. 2013-17 for the County to acquire the property according to NRS 361 .603 acting as the governing board on behalf of the area known as the Town of Belmont and prepare deeds for the properties to change the title of the Town of Belmont or the area known as the Town of Belmont to Nye County.

Ms. Zlotek

then addressed Mr. Jones’ bullet points as follows: • As to Resolution No. 2013-17, Belmont, Mr. Jones stated that DTAX did not have any records of a local government entity of the Town of Belmont. Since he was told there were no records responsive to his request about who the local governmental entity of the Town of Belmont consisted of it was his opinion the entity did not exist. Ms. Zlotek stated NRS 239 addressed the procedures for public records requests as well as remedies. • Mr. Jones had asked for the contact person for Belmont and was supplied with a response that the Nye County Manager was the contact person. Ms. Zlotek said whether or not the duty was assigned to the County Manager was not a subject matter in the request for the District Attorney to look into this agenda item. November 10, 2020 31. For Possible Action Discussion and deliberation to consider Neal Jones’s request to rescind, repeal, cancel, void andlor nullify Nye County Resolutions 2020-16: A Resolution Directing the Transfer of Nye County Treasurer Trust Property Into Nye County Ownership for Public Purposes and 201 3-17: A Resolution Directing the Transfer of Nye County Treasurer Trust Property Into Town of Belmont Ownership for Public Purposes-Cont’d. • Mr. Jones said neither the Belmont Town Advisory Board nor the Town of Belmont had a budget or any means to pay these taxes. Ms. Zlotek pointed out

Mr. Jones

had supplied an e-mail from Administration regarding the properties in Resolution No. 2013-17 and payment was made from N14001-3146-5311. The source and tracing of funds for payment was beyond the assignment to the District Attorney and may best be addressed by the Treasurer and the Comptroller. Neal Jones said Section 5.2.2. of the Rules of Procedure of the Board of County Commissioners stated attached to each agenda item shall be as much background material as was necessary for an informed decision of the Board. He asked where Ms. Zlotek’s documentation and back-up was for this agenda item as he had presented his information for the back-up for his agenda items.

Ms. Zlotek

stated her documentation for this item was Mr. Jones’ back-up as she referenced clearly during her presentation. She had no need to put it in the back-up and the law did not require her to put anything in the back-up.

Mr. Jones

asked that his written statement be included in the minutes [see Attachment 1]. He said the main issue was the lack of back-up documentation, which was a requirement of the Board’s own Rules of Procedure. He talked about his concerns with both resolutions as well as Commissioner Wichman’s conflicts of interest associated with Resolution No. 2020-16. Greg Dann said he found Mr. Jones extremely credible and applauded him for taking the side of ethics. Donna Motis said she was the secretary of the Belmont Town Advisory Board and had been for many years. She did not appreciate the comment from Mr. Jones about the “alleged” meeting the Belmont Town Board had regarding asking the Commissioners to pull those three properties for its use as she had minutes to prove it. Also, at that time Janice Berard, his partner, was a member of the town board and voted to have those three parcels pulled for Belmont Town use. Ms. Motis said the town paid the taxes on those from the budget Nye County gave the town to use as they felt fit for the purpose of keeping Belmont Town up and running. Kenny Bent felt both resolutions were extremely misleading when what took place was understood and in his opinion they were just concealing ongoing fraud. As far as the District Attorney’s comments, he said their main focus was to protect the County and November 10, 2020 31. For Possible Action Discussion and deliberation to consider Neal Jones’s request to rescind, repeal, cancel, void andlor nullify Nye County Resolutions 2020-16: A Resolution Directing the Transfer of Nye County Treasurer Trust Property Into Nye County Ownership for Public Purposes and 2013-17: A Resolution Directing the Transfer of Nye County Treasurer Trust Property Into Town of Belmont Ownership for Public Purposes-Cont’d. that was nothing but sweeping this away. Mr. Bent suggested the Board rescind both resolutions and start backing down from the situation before it got worse and a lot more was revealed. Bud Perchetti, chairman of the Belmont Town Advisory Board, discussed the three lots. One of them was a 10’ x 30’ lot over the top of the water lines so they did not want someone to build on it. Another one was up by the fire hall and they had to put in a little dam to catch the water to not flood everyone below it. The last lot was a 32-acre lot below town, which was where they wanted the fire breaks. That was why the County pulled them from the list. Dwight Lilly said he had the same concerns mentioned by Mr. Jones regarding a private road being maintained by the County and it was never ascertained if someone who owned the private property paid to have the road maintained. Secondly, when the budget hearings were held in the past Mr. Lilly could not recall the Town of Belmont having a budget. He wondered if they were paying their fair way or if they were an invented town with a few people sitting on a board and the County maintained everything. Janice Berard stated Ms. Motis put in a well too close to a septic system that a hearing was held on last summer. It seemed to her those people thought they could do whatever they pleased in Belmont. John Bosta said the Town of Beatty was also a patented mining claim and the County created the town to cover up the gold money it was giving to the town. All of the information Ms. Zlotek brought forward was still relevant to the time Nye County decided Manhattan was an unincorporated town with an advisory board and a budget. Mr. Bosta thought the Board should go back and look at the resolutions and redo them. Additionally, if the town of Manhattan was a dedicated town with roads he asked why the waters lines were not placed in the roads. Ammie Nelson felt there had to be some truth to all of this. She thought a solution would be to have the new Board of County Commissioners get together in a private special meeting to look at all the information, speak with Mr. Jones, and come to some kind of a resolution.

Commissioner Blundo

thought the presentation from Ms. Zlotek was very thorough and eliminated a lot of the concerns. He said he sponsored this item because he did not believe Mr. Jones had a method to bring his concerns to the Board in any other manner. November 10, 2020 31. For Possible Action Discussion and deliberation to consider Neal Jones’s request to rescind, repeal, cancel, void and/or nullify Nye County Resolutions 2020-16: A Resolution Directing the Transfer of Nye County Treasurer Trust Property Into Nye County Ownership for Public Purposes and 201 3-17: A Resolution Directing the Transfer of Nye County Treasurer Trust Property Into Town of Belmont Ownership for Public Purposes-Cont’d.

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. 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. The report was in the back-up.

Commissioner Cox

talked about the parking lot at the courthouse. She did not know if they tried to use the durapatcher on the cracks but it made things worse instead of better and the cracks were coming back. It may need to be overlaid as it was extensively used by the public. Public Works Director Tim DahI provided updates on the Tonopah sidewalk project, the Tonopah airport beacon tower upgrade, the Barney and Charleston park four-way stop, the crosswalk on Highway 160 and Postal Road and its control, and the Pahrump fairgrounds detention basin project. He then reminded the public that they could take their household trash to the landfill for free instead of dumping it in the streets or desert.

Commissioner Strickland

suggested adding it to the revolving billboard at Calvada and Highway 160 that trash was free to drop at the dump.

Commissioner Blundo

asked for the status of the bid for the chip seal project.

Mr. DahI

said he had received the bids and would bring that item to the Board at the November 16, 2020, meeting. Once that happened it was a matter of having a preconstruction meeting and coming up with a schedule to implement the chip seal program Dwight Lilly thanked Mr. DahI for the great job they were doing in addressing potholes. He said he never understood the weight limits and why gravel trucks were allowed on the secondary streets. November 10, 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. Helene Williams asked for Highway 372 and Barney to be looked at because there had been a tremendous amount of accidents with some deaths as well as severe injuries. Pat Minshall from the Amargosa Valley Town Board mentioned the durapatcher had been on Farm Road in Amargosa. Ammie Nelson said there was a huge pothole on the west side of Leslie which could not be seen at night. She also mentioned the dip that filled with water near the four-way stop at Barney and Charleston Park and felt that would be an issue in the future if not addressed.

Commissioner Koenig

said he was at an Amargosa Town Board meeting where a gentleman got up and talked about Farm Road. He said the reason it was in such bad shape was because it was not a road and was never approved by the County.

Commissioner Koenig

told him Farm Road was a road and the County spent a lot of money on it already. He wanted Mr. DahI to be aware of the misperception.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. 12. 10:00 am. Presentation by loneer regarding the development of the Rhyolite Ridge LithiumlBoron prolect. Matt Weaver and Tyson Paul from loneer were present. Mr. Weaver gave a presentation about the project, which was about 40 miles southeast of Tonopah, 12 miles west of Silver Peak and 14 miles northeast of Dyer. The plant would produce both boric acid and lithium carbonate.

Commissioner Strickland

asked what the economic impact to the County would be.

Mr. Weaver

said he did not break that out by County, but it was significant project with a potential to have a long life. The overall total taxes were $1 .2 billion over the current projected life of the mine. There would be roughly 300 employees and 500 during construction. November 10, 2020 FINANCE

Commissioner Blundo

asked for the reasoning behind the change in travel policies from should to shall attach back-up from training or conventions. Savannah Rucker explained it was just an additional layer of verification that the training being provided was in line with the department goals. It could be as simple as a receipt or an agenda for the training.

Commissioner Blundo

said he did not like that language.

Commissioner Blundo

made a motion to amend that one thing to remain as should and adopt everything else; seconded by Commissioner Strickland.

Commissioner Blundo

clarified he was not stating documentation should not be produced. He just wanted a little flexibility.

Commissioner Cox

had some concern with the change from the Board of Nye County Commissioners to the governing body. She asked what the purpose of that change was. Purchasing/Contracts Administrator Danielle McKee said that was changed for consistency throughout the document.

Commissioner Cox

said there were other governing bodies within the County and she did not want it to be misconstrued to mean town boards.

Commissioner Koenig

said in the definitions governing body was the Board of County Commissioners for Nye County. He checked it because he had the same concern.

Commissioner Blundo

noted on page 11 it said purchases under $50,000.00 may be approved by the County Manager. He asked if that superseded every other requirement of the departments for written quotes, etc.

Mrs. McKee

said no. Any requirements for obtaining a purchase order or obtaining multiple quotes remained. The County Manager had the authority to execute purchases and contracts up to $50,000.00. They wanted that clear as to what the County Manager could execute and what had to come before the Board.

Commissioner Blundo

asked Tim Sutton for an item under the consent agenda listing what he had approved. November 10, 2020 33. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2020-36: A Resolution Amending the Nye County Purchasing Policies and Procedures Manual-Cont’d. Ammie Nelson asked if there was a quantity involved with the County Manager having the ability to approve purchases for $50,000.00 or less. She also thought it was vague when a budget was being used and not being clearly defined.

Commissioner Blundo

disclosed he held a Nye County privilege liquor license and was utilizing the policy. He did not have a direct pecuniary interest in this policy, but he had a business that had been operating for 14 years.

Ms. Kramer

said she would also like to move up the deadline for public and small business applications to December 1, 2020, rather than December 4, 2020, and include that complete applications must be submitted by the deadline. She would bring forward additional items to utilize the funding as best as possible. There would be an update on the December 1, 2020, agenda and on the December 15, 2020, agenda she would bring forward an item to reallocate the remaining funds.

Commissioner Blundo

said he did not want Nye to be like Las Vegas and allocate all monies to the government. He really wanted to see the money go to the people as that mechanism would turn into a vehicle that created more CTAX and revenues for the County in the long run. If on November 16, 2020, there were still huge balances remaining he would like to up the limits.

Commissioner Strickland

pointed out November 16, 2020, was Monday and the Grants Administrator had asked for the deadline to be that date so those numbers would have November 10, 2020 34. For Possible Action Presentation, discussion and possible amendment of the Nye County CARES Act Policy-Cont’d. to be changed now. She then disclosed she had several businesses in Nye County, but she was not making application.

Commissioner Blundo

made a motion to accept the proposed amendments by staff verbally given in the meeting; seconded by Commissioner Strickland; 5 yeas.

Commissioner Strickland

asked how much would be spent as of today if all applications submitted were approved.

Ms. Kramer

said the total pending to be spent would be $260,000.00 just for the working capital program, which was the only one that had limits. The public did not have a limit nor did the rent and PPE reimbursement.

Commissioner Strickland

asked how much money was spent on each of the sub- entities.

Ms. Kramer

said the small business PPE had a pending amount of $26,646.00, the total of applications received as of yesterday.

Commissioner Strickland

asked if the back-up was accurate to the minute.

Ms. Kramer

said no. That was the information submitted on October 29, 2020. Since then additional applications were received, but no new PPE. The total spent on small business rental was $1 17,486.00; small business PPE was $26,646.38 with a remaining balance of $248,353.62; small business rental was $117,486.50 with a remaining balance of $432,513.50; small business working capital was $260,000.00 with a remaining balance of $565,000.00; and the public rental, mortgage, and utility program had a total planned of $163,744.90 with a remaining balance of $386,255.10. No applications were received for the public food and rental and behavioral health program which was a total of $1 10,000.00 and there was still contingency of $670,000.00. The Nye County plan to spend was $4,225,666.81 with a remaining balance of $91,876.19. The applications for sub-entities received exceeded of the funding allocated. The total was $1,637,373.91, putting them over budget by $438,857.91.

Commissioner Koenig

asked if the extra $91,000.00 could be moved into sub-entities.

Ms. Kramer

said that was in the Commissioners’ choice. In total there was $2,065,140.50 remaining.

Commissioner Strickland

asked if the $670,000.00 could be moved into sub-entities now to cover the shortfall. November 10, 2020 34. For Possible Action Presentation, discussion and possible amendment of the Nye County CARES Act Policy-Cont’d..

Ms. Kramer

suggested leaving that until all applications from the sub-entities were reviewed.

Commissioner Koenig

felt there were limits in certain places that excluded some people and raising those limits would open the door for other people.

Ms. Kramer

said the only program with limits was the working capital program which closed to new applications on October 29, 2020. If those limits were raised it would benefit the applicants that had already submitted an application. She then advised on the working capital application the applicants would need to provide documentation on what they spent the dollars on. A few of the applications received may not be able to spend the full amount. If that was the case the money would have to be returned to the County to be returned to the federal government. The limits in the working capital program were $5,000.00, $10,000.00 and $15,000.00 based on the employee count of the business as of March 15, 2020.

Commissioner Koenig

said changing the employee count would open it up for some extra people.

Commissioner Blundo

suggested $15,000.00, $30,000.00, and $50,000.00.

Commissioner Koenig

said that would work and suggested raising the employee numbers to 30.

Ms. Kramer

said the problem with that was the applications were already submitted and the program was already closed so no new applications could be submitted at this time because NACO was utilized to administer the program. She was also concerned with the time constraint to get the applications submitted with missing documentation. She was not sure the County would be able to administer this program at this time before having to return the funds.

Commissioner Koenig

asked if the policy was changed if NACO could be begged to reopen it.

Ms. Kramer

said she could speak with the contact there and if that was not feasible it could be administered internally.

Commissioner Strickland

asked how difficult it would be to administer at $15,000.00, $30,000.00 and $50,000.00 leaving the employee count alone.

Ms. Kramer

felt it would be a lot easier to administer. They would need to send out new award letters to the applicants approved and would also need to get that back-up documentation from them. November 10, 2020 34. For Possible Action Presentation, discussion and possible amendment of the Nye County CARES Act Policy-Cont’d.

Commissioner Koenig

asked the Comptroller’s Office for suggestions to use the money up. Savannah Rucker said she had been discussing this with Ms. Kramer and the County Manager. They could deal with the working capital if the Board would like to provide funding for companies with 19+ employees and could administer it internally, but those companies had to have the money spent by the end of the year. She said they could present a list of topics at the November 16, 2020, meeting, but working capital was up to the Board. It would be the recommendation to use any remaining funds for internal projects that could help the County operate more efficiently in the event of another pandemic which would inject dollars into the community by way of construction, purchases, etc.

Commissioner Blundo

noted the State had a PETS Grant and they were inundated. He wondered what the difference in requirements for that grant was compared to this program.

Ms. Kramer

explained the PETS program did not require as much information in the initial application. She also believed they ran into a situation where they could be audited so they were requiring the businesses keep receipts on hand in the event they were asked. The County was ensuring that information was on hand at the time of the application.

Commissioner Blundo

made a motion to amend the limits of the working capital program to $15,000.00, $30,000.00 and $50,000.00 and increase the number of employees at the top end to 30.

Ms. Kramer

pointed out that based on the applications received without updating the employee count those limits would put total applications at $835,000.00, which exceeded what was allocated for this program of $825,000.00. There was also a cost to NACO and NDC to administer this program, which was 6% of the total allocation.

Commissioner Strickland

seconded the motion to amend the limits of the working capital program to $15,000.00, $30,000.00 and $50,000.00 and increase the number of employees at the top end to 30; 5 yeas.

Commissioner Wichman

made a motion to amend and approve the lease agreement with Beatty Seniors, Inc., for a term of three years contingent on Beatty Seniors, Inc., obtaining directors’ and officers’ liability insurance and workman compensation insurance with the building insurance coverage remaining under the County’s policy; seconded by Commissioner Blundo. Patty Butler, treasurer of Beatty Seniors, Inc., advised Lorina Dellinger had copies of all insurance including workman compensation and E&O.

Commissioner Wichman

amended her motion to amend and approve the lease agreement with Beatty Seniors, Inc., for a term of three years and the building insurance coverage would remain in Nye County’s policy; seconded by Commissioner Strickland. Martin Campbell acknowledged Dick Gardner’s help to complete this project and thanked everyone who helped get them this far.

Commissioner Wichman

made a motion to amend and approve the interlocal contract with Beatty Seniors, Inc., waive the fees associated with Attachment B for a period of November 10, 2020 45. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reiect an Interlocal Contract with Beatty Seniors Inc. for the purpose of providing senior services to the residents of Beatty, NV located at 200 5 A Ave., Beatty, NV; and 2) Waiver of fees associated with Attachment B of the contract-Cont’d. one year, and reassess the need of the waiver after that point; seconded by

Commissioner Strickland

; 5 yeas. PLANNING 36. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2020-19: A Bill proposing to amend Nye County Code Title 15, Building and Construction, Chapter 15.28 entitled Dust Control Regulations within the Pahrump Regional Planning District, relating to Section 15.28.070 Definitions Enumerated; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Wichman

made a motion to set the time and date as December 15, 2020, at 10:00 a.m.

Commissioner Wichman

read the title of the bill into the record.

Commissioner Blundo

seconded the motion to set the time and date as December 15, 2020, at 10:00 a.m.

Commissioner Strickland

disclosed she was a Nevada contractor with several contractors’ licenses. She was affected by these items, but she did not see a reason to remove herself from the process.

Commissioner Wichman

made a motion to set the time and date as December 15, 2020, at 10:00 a.m. November 10, 2020 37. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2020-20: A Bill proposing to amend Nye County Code Section 17.04.070 Enforcement and Penalties, by adding subsection E Unpermitted Work and subsection F Withhold PermitlApplication approvals; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record-Cont’d.

Commissioner Wichman

read the title of the bill into the record.

Commissioner Blundo

seconded the motion to set the time and date as December 15, 2020, at 10:00 am.

Commissioner Strickland

disclosed she was a Nevada contractor with several contractors’ licenses. She was affected by these items, but she did not see a reason to remove herself from the process.

Commissioner Wichman

made a motion to set the time and date as December 15, 2020, at 10:00 a.m.

Commissioner Wichman

read the title of the bill into the record.

Commissioner Blundo

seconded the motion to set the time and date as December 15, 2020, at 10:00 am.

Commissioner Strickland

disclosed she was a Nevada contractor with several contractors’ licenses. She was affected by these items, but she did not see a reason to remove herself from the process.

Commissioner Wichman

made a motion to 1) approve the contract with Atkins North America to update the disadvantaged business enterprises, 2) execute the contract and 3) fund $18,000.00 based upon the direction/recommendation of the Comptroller; seconded by Commissioner Strickland; 5 yeas. 40. For Possible Action Discussion and deliberation to accept an offer of dedication for road right of way being the 20 foot right-of-way dedication for South Homestead Road along the East side of Assessor’s Parcel Number 041- 222-15 from Wallin Family Trust and designate it a “General County Road” (accepting maintenance) for the purpose of future road improvements when Nye County improves South Homestead Road fronting the property located at 3860 South Homestead Road, Pahrump, NV, Assessor’s Parcel Number 041 -222-1 5.

Commissioner Blundo

made a motion to accept the offer; seconded by Commissioner Strickland; 5 yeas. 41. For Possible Action Discussion and deliberation to accept a Restrictive Covenant Running with the Land agreement between Nye County and Wallin Family Trust for the property located at 3860 South Homestead Road, Pahrump, NV, Assessor’s Parcel Number 041 -222-15, for the purpose of future road improvements to be paid for by the property owner.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. 42. For Possible Action Discussion and deliberation to accept a Restrictive Covenant Running with the Land agreement between Nye County and Calvary Chapel Pahrump Valley for the property located at 1051 East Mickey Street, Pahrump, NV, Assessor’s Parcel Number 044-411-17, for the purpose of future road improvements to be paid for by the property owner.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. November 10, 2020 SENIOR SERVICES 43. For Possible Action Discussion and deliberation to: 1) Ratify the County Manager’s acceptance of the FFY 2020 Aireement P411-20-802 from Nevada Department of Transportation (NDOT)IFTA 531 I funding for operating expenses not to exceed $162,799.00 for the purpose of providing transportation to seniors and the general public in Nye County; and 2) Fund from 10340 Grants. Matching funds are not required.

Commissioner Blundo

made a motion to ratify and fund from 10340; seconded by

Commissioner Wichman

; 5 yeas. 40. For Possible Action Discussion and deliberation to accept an offer of dedication for road right of way being the 20 foot right-of-way dedication for South Homestead Road along the East side of Assessor’s Parcel Number 041- 222-15 from Wallin Family Trust and designate it a “General County Road” (accepting maintenance) for the purpose of future road improvements when Nye County improves South Homestead Road fronting the property located at 3860 South Homestead Road, Pahrump, NV, Assessor’s Parcel Number 041 -222-1 5- Reopened. Tim Dahi said the motion needed to include designating the new area a County general road.

Commissioner Wichman

made a motion to designate that road as a general County road; seconded by Commissioner Blundo; 5 yeas.

Commissioner Cox

said tomorrow from 10:00 a.m. to 12:00 p.m. there would be a Support Trump rally at the corner of Highway 372 and Highway 160 and again on Friday from 10:00 a.m. to 12:00 p.m.

Commissioner Blundo

said he had been getting complaints about lights in Pahrump and thought it would be a good idea to get a couple more intersections lit up. He asked for a follow up on the executive golf course and the deck as it was in great disrepair and was ___________ ___________ __________ _day November 10, 2020 47. Commissioners’IManaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. A safety concern of his. He was also confused on the working capital program and asked if the Board reopened the period.

Commissioner Strickland

said the deadline was on Monday. It would affect those that had already applied and those who applied by Monday.

Commissioner Koenig

added since NACO closed their portion of it the Commission decided to administer it internally.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of , 2020. I k . C / N Cont Clerk I Deputy STATEMENT FOR AGENDA ITEM #31 AT NOVEMBER 10, 2020 NYE COUNTY BoCC MEETING I ask that this statement be included as part of the minutes of this meeting. I am here to ask that these county resolutions, 2013-17 and 2020-16, be rescinded. My statements why I am asking for this and the documentation to support my statements is attached to this agenda item and has been available since this was first addressed at the July 21 and September 15, 2020 BoCC meetings. Nyc County Administration has for some unknown reason decided to purge the original documentation submitted for this agenda item from the record. Why would that be? Why would the County wish to not have this information available for the BoCC and the public’s knowledge? The main issue is the lack of back-up documentation that is provided for these resolutions, the lack of background material so the BoCC may make an informed decision regarding these resolutions. This very issue is a requirement of the BoCC’s own Rules of Procedure ( 5.2.2.2). This required documentation is also what the public uses to stay informed with respect to the actions of their government. One should not need to remind the BoCC that they are public officials and that “A public office is a public trust and shall be held for the sole benefit of the people.” (NRS 281A.020(1)(a)) These important concepts are outline succinctly in § 7.01 of the Open Meeting Law Manual, which states ‘The people of this state do not yield their sovereignty to the agencies which serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over instruments they have created.” Concepts to remember as we discuss these agenda items. NYE COUNTY RESOLUTION 2013-17 With respect to Nye County resolution 2013-17; • To reiterate, at the time this resolution was passed, County policy was that if a local governmental entity wished to obtain title to tax delinquent properties, that entity must make application to the County and that entity must pay the delinquent taxes. Neither of these requirements were fulfilled by the Town of Belmont. Why not? • According to the law used as justification by Nyc County for this resolution (NRS 361.603), a local government must make application to the County to obtain the properties. According to Nevada Department of Taxation, the Town of Belmont is not a legal, legitimate local government and DTax has no records of them (NRS 3 54.474). 1) How does an illegitimate local governmental entity obtain title to property in Nye County? 2) How is this illegitimate entity considered to be a tax-exempt entity? • Nye County actually paid the back taxes. This was not part of the resolution and the County has never been able to produce any documentation to show that the BoCC ever approved this. Why not? • The Belmont Town Advisory Board allegedly held a meeting regarding the properties covered by this resolution. Nyc County has stated, in writing, that the Belmont Town Advisory Board is a separate governmental body, not overseen by Nye County. 1) So why would Nye County pay for properties for a government body that they do not oversee? • Nye County has never been able to come up with who the local government that they gave the property to consists of. ATTACHMENT 1 1) Mr. Sutton decided that he was to be the contact for the Town of Belmont, but cannot, or refuses to tell us who he is in contact with. • The Belmont Town Advisory Board / Town of Belmont wants to own and control property in town, but has no way to purchase the land. So Nyc County passes a resolution for the Town of Belmont to acquire these properties. Nyc County pays for the land, which it never was legally authorized to do, then gives these lands to this illegitimate entity that they cannot even tell us who that is. Then this illegitimate entity is considered to be a tax-exempt entity. • So why, once again, does the Town of Belmont get to usurp the laws of the State of Nevada? NYE COUNTY RESOLUTION 2020-16 With respect to Nye County resolution 2020-16; • To reiterate, the reason for my request is due to the misinformation presented to the BoCC and to the public as justification for the passage of this resolution at the May 19, 2020 BoCC meeting. • Absolutely no background material or information was associated with the resolution when it was presented for passage by the BoCC. • The conflicts of interest of Commissioner Wichman associated with this resolution were never disclosed to the public. This violates State law. (NRS 28 1.420(1)) 1) Commissioner Wichman’s husband was a paid employee of Nyc County Public Works and was directly involved with the Manhattan water system and easements for this system. 2) A contributor to Commissioner Wichman’s campaign was the beneficiary of a land swap with the County for the easements for the Manhattan water system. 3) The land values and therefore the taxes associated with the land swap were generously reduced by 48% from the values of the appraiser that the County had hired for the land swap. 4) A Commissioner is prohibited by law from advocating for legislation in which they have a conflict of interest. This law is ignored. (NRS 28 1.420(3)) 5) A Commissioner is prohibited by law from voting on legislation in which they have a conflict of interest. This law is ignored. (NRS 28 1.420(3)) • Evidence that the information presented during the discussion of the resolution at the May 19, 2020 meeting was blatantly false and misleading has been previously attached to this agenda item, as it should be. Information that the County has now decided to purge from the record. • Written information was presented to Nyc County Administration by Commissioner Wichman regarding the resolution, information that was not shared with the BoCC or the public. Conflicting and contrary information was presented to the BoCC and the public during the discussion of the resolution regarding these specific parcels in Manhattan and if they would ever become “tax-producing parcels” as claimed during the May 19 meeting. • Both the information presented to the Administration and that that was presented to the BoCC and the public cannot be true. At least one of them is false. Why the need for obfuscation? • The resolution was written so that the County could establish easements for the infrastructure related to the Manhattan water system. Nyc County had already passed numerous resolutions in 2010 and 2Ollfor the very same issues. Why was this never brought to the attention of the BoCC and the public? Why the need to go back nine years and cover something up? a • This agenda item is not to question the legitimacy of the Manhattan water system or the Manhattan Water District. It is about the misinformation being presented to the BoCC and to the public in order to persuade the Commissioners to pass the resolution. Information that is incomplete, misleading and blatantly false. I ask the BoCC to show the public that they can act with honesty, integrity and transparency. Or, will you decide to willfully and knowingly condone these questionable and deceptive actions and maintain the business as usual of northern Nyc County? So please rescind these resolutions 20 13-17 and 2020-16. Bring them back with the proper documentation and information that is required in order to clearly show that the proper procedures and laws are being followed. That is the right thing to do. Respectfully, Neal Jones Nye County taxpayer niones14791@gmail.com