July 7, 2021

Commissioner Cox

was present via telephone.

Commissioner Carbone

said he would bring an item regarding cameras within the County Eye as there were a lot of people driving through at night at high speed. Regarding the hot balloon operators, specifically the ones from Las Vegas, he said he recently discussed where they land with them and did not receive a good response as to why they were doing that. it seemed they were the only group to land in people’s backyards and in the middle of the roads. Commissioner Carbone would bring an item to the Commission to either get some fees or sanction them.

Commissioner Blundo

recognized former Commissioner Butch Borasky, who was in the audience in Pahrump chambers.

Commissioner Strickland

recognized former Commissioner Joni Eastly, who was in the audience in Tonopah chambers. She then asked Parks and Recreation to consider getting some water at the dog park on Greta as it was getting a lot of use. July 7, 2021 2. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. Planning Director Brett Waggoner announced OpenGov would go live on August 2, 2021. They would cease using the Eden system on July 28, 2021, and would migrate all records over on Thursday and Friday. Everything would be done electronically for Public Works, Planning, Building and Safety, and the Clerk’s Office for marriage licenses. Regarding the comments made during the June 29, 2021, Commission meeting about public notices/agendas and the requirements for masks, Mr. Waggoner said it was his opinion it was turned in by one of the Commissioners to try to call out a couple of departments for making their own rules and that certainly was not the case. The Board action was done the prior month and the RPC agenda for the meeting on June 15, 2021, had the old verbiage in it inadvertently, which had since been corrected. Tim Sutton thanked everyone who participated in the strategic planning workshops and said there was good attendance.

Commissioner Strickland

asked Mr. Fulton to speak on item 12 when it was opened.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS

Commissioner Blundo

was happy to see the race coming through. July 7, 2021 8. 10:00 a.m. Presentation from Best in the Desert Racing Association regarding the Maxxis Tires “Casey Folks” Vegas to Reno Championship on August 13, 2021 -Cont’d.

Sheriff Wehrly

said his paperwork was received. She was reviewing the roads along with Public Works Director Tim DahI. Not much of the race was in Nye County and she did not foresee any problems.

Commissioner Strickland

said the community supported what Mr. Ramirez was doing.

Commissioner Carbone

thought the County had a vested interest in moving forward with this project.

Commissioner Jabbour

mentioned there was great concern from the community and surrounding areas.

Commissioner Strickland

opened the public hearing. Ammie Nelson said she liked the idea of an art event and anything that would bring culture to Pahrump. Arlette Ledbetter, Pahrump Director of Tourism, said she was happy to see events come to the town because they were good for the town and would strengthen the room occupancy. She mentioned a previous miscommunication with the last festival and a rather derogatory letter that was sent to the tourism department. Ms. Ledbetter knew it made its way to the State of Nevada and the Director of Cultural Affairs. She had since met with Mr. Dubin and resolved the issues mentioned in that letter. Ms. Ledbetter said the town had grown and a policy regarding special events was needed which would include EMS, Public Works, Buildings and Grounds, etc., because there was a lot of effort being put in for any festival and they required a certain level of communication to keep everyone in the loop. She said anyone who had any questions could contact her. Planning Director Brett Waggoner asked the Commissioners to ask the applicant if he had met with the various County and town departments to work out the details. Policy guidelines had been discussed for these types of events and he thought they would be instructed to do what the Planning Department did, which was a pre-development meeting, to work out all the details.

Commissioner Strickland

thought Ordinance 444 needed to be expanded.

Commissioner Carbone

said he remembered when he was a County Commissioner before that there was a checklist. Lorina Dellinger advised there was a proposed bill to require the applicants to work with the departments, which was rejected, so it was a suggestion at this point.

Mr. Waggoner

commented that the fees collected versus the costs for these types of events were insufficient.

Commissioner Strickland

closed the public hearing.

Commissioner Blundo

thanked staff for bringing some of the issues forward, but he thought the timing was a little off as this was one applicant and what they wanted to do. He suggested having that conversation off-line and bring it forward at another time. July 7, 2021 10. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation to issue an Outdoor Festival License to VinoJazz Foundation for the Food Truck Fiesta to be held August 27-28, 2021, at Petrack Park located at 150 N. Highway 160, Pahrump, Nevada-Cont’d.

Commissioner Strickland

asked Mr. Dubin since he was an event coordinator and would do a lot more in the future if he was working with the County and town partners to be sure this event was successful and everyone was in the loop.

Mr. Dubin

said yes. They had a meeting with the arena committee and would work with another organization on a similar event next year. Additionally, as Ms. Ledbetter mentioned, due to some prior miscommunication they met with her department and clarified the communication gap.

Commissioner Blundo

made a motion to approve and issue an outdoor festival license to VinoJazz Foundation for the Food Truck Festival to be held August 27-28, 2021 at Petrack Park with the contingency that Mr. Dubin work with the Tourism Director, the Planning Director, the fire department, the Sheriff’s Department, and any other resource needed to make the event a success; seconded by Commissioner Carbone.

Commissioner Jabbour

expressed his concern with the letter sent to the State level regarding tourism in Nye County before the miscommunication was cleared up and said he would participate in those conversations in the future.

Commissioner Blundo

asked the County Manager to provide that letter to the Commissioners.

Commissioner Cox

asked if there would be an entry fee for the event.

Mr. Dubin

said there was no fee to enter the general event, the vendors or the food, but there was a fee for the concerts $25.00 for the bleachers and $35.00 for general admittance.

Commissioner Blundo

advised Attorney Brian Hardy was present in Pahrump.

Commissioner Strickland

opened and closed the public hearing.

Mr. Hardy

said he represented the County in this case and it was ultimately resolved on behalf of the County. Part of the resolution was the abandonment before the Commission today. The settlement agreement was approved by the Commission about a year ago and following execution of that settlement agreement the maps were prepared. They were seeking approval of those maps today consistent with that settlement agreement.

Mr. Moynihan

clarified the agreement reached was the Jensens would sign the agreement upon approval of the parcel map and road abandonment.

Commissioner Jabbour

made a motion to approve AB-2021-000010 and PM-12-0005, an application for Nye County to abandon any and all rights or claims to portions of Sawtooth Road near Assessor’s Parcel Numbers 008-261-41 and 008-261-53, within the Town of Tonopah, as it related to parcel map PM-I 2-0005, consistent with the previously approved settlement agreement which resolved the litigation filed in the Fifth Judicial District Court, Nye County, styled as Case No. CV37936; seconded by

Commissioner Carbone

; 5 yeas.

Mr. Moynihan

said the agreement would be signed and given to Tim Sutton. He then asked where the map was as he wanted to record it. Brett Waggoner said the map was with the Town of Tonopah. They were waiting to sign off on it pending this action. He asked Mr. Hardy if they could sign, pay the taxes for the property, and then get the map recorded.

Mr. Hardy

said that would be great. He just needed to make sure the signed settlement agreement was given to Mr. Sutton. He asked Mr. Sutton to send that to him so the remaining motions could be taken off calendar. July 7, 2021

Commissioner Cox

asked why this location was being inspected and if permits were required outside of the PRPD.

Mr. Waggoner

explained Nye County Code section 1 7.06 talked about SUPs and that they were required for marijuana facilities County-wide.

Commissioner Strickland

opened the public hearing. John Bosta asked that his written comments be included in the minutes [see Attachment 1]. He said he was speaking as a citizen of Amargosa, not as the town board chairman. He said the use permit was issued by the County before the applicant discussed the project with the town board. While a verbal stop order was given by the Planning Department, the applicant continued to pour concrete pads and moved in what they called pods. Today there was a large building sitting on the property that was moved from a marijuana establishment in Pahrump and Yama Hellai said his instructions were that he could not do anything vertical on the property. Mr. Bosta recommended in the future when a stop order of a use permit was given it should be in writing and a copy given to the town so the town was informed.

Commissioner Strickland

clarified the stop work order was in writing. John Deniloffs, Amargosa Valley Town Board member, said Nye County oversaw the towns and although the towns did not have the authority to make the decision on marijuana, the least applicants could do was talk to the town board. This applicant bypassed the town board and went to the Planning Committee a week early. Mr. July 7, 2021 12. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on SU-2021-000072: An application for a Special Use Permit to allow a mariiuana establishment (cultivation and production), to change location from 3171 E. Tillman Street, Pahrump, NV to 2215 E. Anvil Road, Amargosa Valley, NV. Assessor’s Parcel Number 019-181-02. Farm Road, LLC. Property Owner. Adam R. Fulton, Esg., agent for MJ Distributing C202, LLC. and MJ Distributing P133, LLC. Agent)Applicant-Cont’d. Deniloffs said he wanted the marijuana farms to build a water park for the town as well as the Amargosa racing track built. He also wanted prevailing wage for the employees with full benefits after 30 days. Ammie Nelson felt it was up to Amargosa if they wanted the business there, but she thought the item should die and the people should come into compliance. She also felt that the critical water situation needed to be kept in mind. Pat Minshall, an Amargosa resident, said she went by the facility this morning. There were cars and workers there and she understood staff had been hired all without coming to the Amargosa Town Board, which they should have done. Bruce Jensen from the Amargosa Fire Department said growth was already coming to Amargosa, which he thought the town could use, but the fire department needed to be part of the process as far as planning and designing facilities so they were aware of hazardous material situations, fire suppression, fire suppression water, etc. He was told there would be 100 employees at this facility, which would put a strain on emergency services. Mr. Jensen stated the local authority of jurisdiction should be included in the building of this from start to finish if the SUP was approved.

Commissioner Strickland

closed the public hearing.

Commissioner Jabbour

said he understood with this industry time was of the essence, but the proper protocol and procedure was to put an agenda item with the Amargosa Town Board first. They should also visit the Sheriff’s Office, the Amargosa Fire Department as well as Planning, but more importantly they needed to hear what the people of Amargosa wanted and their concerns. Commissioner Jabbour felt the Commissioners needed to hear from Amargosa and the Amargosa Town Board.

Commissioner Jabbour

made a motion to continue this item until after they had been heard in front of the Amargosa Town Board officially and the Commission received some type of letter from that board.

Commissioner Blundo

suggested having it brought back in August, 2021.

Commissioner Strickland

said she did not want to set a date that the applicant may not be able to perform by. July 7, 2021 12. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — on SU-2021-000072: An application for a Special Use Permit to allow a marijuana establishment (cultivation and production), to change location from 3171 E. Tillman Street, Pahrump, NV to 2215 E. Anvil Road, Amargosa Valley, NV. Assessor’s Parcel Number 019-181-02. Farm Road, LLC. Property Owner. Adam R. Fulton, Esg., agent for MJ Distributing C202, LLC. and MJ Distributing P133, LLC. AgentlApplicant-Cont’d.

Commissioner Carbone

seconded the motion to continue this item unti after they had been heard in front of the Amargosa Town Board officially and the Commission received some type of letter from that board.

Commissioner Carbone

thought a date would be good and Maria Ziotek agreed.

Commissioner Blundo

suggested amending the motion to the Pahrump meeting in August, 2021, as the Amargosa Town Board had a meeting on July 22, 2021.

Mr. Waggoner

recommended the Board also include in the amendment that all construction activity would cease immediately.

Commissioner Jabbour

amended his motion to continue this item until August 17, 2021, after the applicants had been seen and heard and agendized before the Amargosa Town Board contingent upon ceasing all construction immediately per the stop work order from Planning; Commissioner Carbone amended his second. Adam Fulton, appearing on behalf of MJ Distributing, said they were under the impression that the item had been pulled from this agenda since they received correspondence on June 29, 2021, stating it would be because of their agreement to appear in front of the Amargosa Town Board. Mr. Fulton said they agreed with what was stated and would like to hold this item until such time as they could meet with the Amargosa Town Board, which was what they planned to do. Paris Balaouras would also be present.

Commissioner Jabbour

asked Mr. Fulton if he was present at the Amargosa planning meeting last night and if he was aware of the stop work order that was in writing.

Mr. Fulton

said he was not at the meeting and did not know about the stop work order until it was mentioned today. Paris Balaouras explained they were given a stop work order, but the discussion was there was not a marijuana facility or an SUP there so they thought they were following the guidelines. Most of the people that worked there were full-time and they did not want to lay anyone off. They also did not do any construction. Mr. Balaouras explained they put up a fence and moved a double-wide to the property which had been approved by the State and County. He went to the Amargosa planning meeting last night and July 7, 2021 12. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on SU-2021-000072: An application for a Special Use Permit to allow a mariiuana establishment (cultivation and production), to change location from 3171 E. Tillman Street, Pahrump, NV to 2215 E. Anvil Road, Amargosa Valley, NV. Assessor’s Parcel Number 019-181-02. Farm Road, LLC. Property Owner. Adam R. Fulton, Esg., agent for MJ Distributing C202, LLC. and MJ Distributing P133, LLC. AgentlApplicant-Cont’d. there was a unanimous decision for them to sit down with the town board and discuss this project. He said they would present to the town on July 22, 2021.

Commissioner Blundo

said he reviewed Nye County Code Section 1 7.06 and it did not mention having to go through the Town of Amargosa or any local elected or appointed board.

Commissioner Carbone

advised Title 1 7 would be fixed to include going through the town boards.

Commissioner Cox

commended Commissioners Jabbour and Carbone for sticking up for the Amargosa Town Board. She fully supported listening to the Amargosa citizens first and felt it was extremely important to keep the fire department informed.

Commissioner Blundo

made a motion to approve items 18-21; seconded by

Commissioner Carbone

; 5 yeas.

Commissioner Blundo

made a motion to approve items 18-21; seconded by

Commissioner Carbone

; 5 yeas.

Commissioner Blundo

made a motion to approve items 18-21; seconded by

Commissioner Carbone

; 5 yeas. July 7, 2021

Commissioner Blundo

made a motion to approve items 18-21; seconded by

Commissioner Carbone

; 5 yeas. 13. 10:00 a.m. For Possible Action Community Development Block Grant — — (CDBG) Public Meeting: 1) Overview of the FY22 Community Development Block Grant (CDBG) program; 2) Summary of Past Performance by Nye County with CDBG funding since 1982; and 3) Invite public to provide proiect ideas, and input on past or potential projects-Reopened. Samantha Kramer explained for a project to be eligible the County would apply for two and sponsor two. The CDBG national objectives were to benefit low- and moderate- income persons; aid in prevention of slums or blight; and meet urgent community development needs. The grant agreement would be between Nye County and the State of Nevada with a sub-recipient agreement for sponsored applications. Lligible activities were affordable housing; community stabilization; public facilities and infrastructure; public services; economic development; and community planning and capacity building. A project must be shovel ready and people should contact Mrs. Kramer to discuss the project and obtain a preliminary application. Those applications would be presented on August 3, 2021, in Tonopah and on August 17, 2021, in Pahrump. The eligible projects would then be presented to the Commissioners on September 16, 2021, for prioritization. John Bosta asked how many of the grants since 1982 were awarded to Amargosa Valley. The town put grants in every year and had been denied. He felt having hearings in August would not give the town enough time to submit an application. He also noticed a majority of the money was being spent in Pahrump and thought the County should start spending money in other areas for infrastructure, etc.

Commissioner Strickland

advised the timelines were dictated by CDBG.

Mrs. Kramer

said the eligibility was due by the end of August, 2021. CDBG would review the eligibility at that time to determine if they could be funded under its program. If determined to be eligible the list would be brought to the Commissioners to prioritize in February, 2022. July 7, 2021 13. 10:00 a.m. For Possible Action Community Development Block Grant — — (CDBG) Public Meeting: 1) Overview of the FY22 Community Development Block Grant (CDBG) program; 2) Summary of Past Performance by Nye County with CDBG funding since 1982; and 3) Invite public to provide project ideas, and input on past or potential proiects-Reopened-Cont’d. Pat Minshall said Amargosa last received a grant in 2006. She mentioned they would have gotten a grant two years ago but the person who was in charge of the grant did not answer phone calls, e-mails or texts to go further with the project so it was cancelled. Ammie Nelson said she had not heard anything about vocational training for the students in Nye County with this grant.

Commissioner Strickland

said there was a preliminary application in the back-up that could be filled out by anyone.

Commissioner Blundo

pointed out the list in the back-up showed that of the grants distributed since 1982 there were 37 for outside of the Pahrump area and ten within the Pahrump area. Amargosa got one in 2006 for the Amargosa Valley swimming pool feasibility study. Commissioner Blundo suggested Amargosa as well as all town boards submit applications if they had an eligible project.

Commissioner Cox

agreed with Ms. Nelson that a trade school was needed, but she did not think it would come out of this funding. The Board was in recess until 1:20 p.m.

Commissioner Cox

was not present. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Biundo

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. Assistant Public Works Director Tom Boiling provided updates on his department’s activities in the County.

Commissioner Jabbour

asked the people of Nye County to be patient. The roads had been prioritized and were being addressed. He also reminded staff to stay hydrated when they came to the higher elevations. July 7, 2021 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.

Commissioner Carbone

mentioned Linda off of Roadrunner. He understood that road was on the list to be worked on, but there were some issues with possibly BLM for a road that had been there for 50 years or so. He asked what the worries were.

Mr. Boiling

explained there was no solidified right-of-way on it. An application was submitted to BLM to obtain right-of-way for that road to be able to work on it.

Commissioner Carbone

asked for an update on the status of that road. Pat Minshall mentioned all of the work done on Farm Road and what a phenomenal job the durapatcher did when used there. Ammie Nelson said the work on Basin stopped at Blagg and between Blagg and Barney there were several potholes that were just getting worse. The truckers got used to using Barney instead of Leslie while it was being repaired and were tearing the roads up.

Sheriff Wehrly

said there were a lot of accidents at Linda and Basin, including at least three deaths. She would like to see stop signs put in both ways. There was one on Linda for Basin, but there was not one on Basin for Linda.

Commissioner Blundo

asked for an agenda item to address those stop signs. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff Wehrly

assumed the Chair of the Licensing and Liquor Board. GAMING 15. For Possible Action Discussion and deliberation to approve a Gaming License for United Coin Machine Co. dba Century Gaming Technologies, for a slot machine route located at 50 E. Basin Ave., Pahrump, NV. Timothy Cogswell — Applicant.

Commissioner Blundo

disclosed he held a Nye County privilege license, but he did not believe that would impede him from participating in this item. The experience he brought was valuable and he did not see any pecuniary interest.

Sheriff Wehrly

advised the background investigation was complete and Undersheriff Michael Eisenloffel was present to answer questions on the investigation. July 7, 2021 15. For Possible Action Discussion and deliberation to approve a Gaming License for United Coin Machine Co. dba Century Gaming Technologies, for a slot machine route located at 50 E. Basin Ave., Pahrump, NV. Timothy Coqswell — Applicant-Cont’d. Tim Cogswell, the applicant, was present to answer questions. Undersheriff Eisenloffel had no concerns.

Commissioner Jabbour

asked about the 50 E. Basin Avenue and what the exact location for the slot route application was.

Commissioner Strickland

thought it should be Blagg.

Sheriff Wehrly

said he had an entire route and this was one of the stops he was making which she believed was the Circle K. He had a gaming license for United Coin Machine Company, which was a slot machine route, and he serviced various slot machines. This one was just talking about the Circle K. Samantha Tackett advised there were no outstanding items for the license to be completed.

Commissioner Blundo

made a motion to approve a gaming license for United Coin dba Century Technologies for the location at 50 E. Basin Avenue, Pahrump, Nevada; seconded by Commissioner Jabbour; 5 yeas. LIQUOR 16. For Possible Action Presentation regarding Liquor License fees collected for Fiscal Years 2021 and 2022, and discussion and deliberation to consider the renewal of licenses for Fiscal Year 2022 pursuant to Nye County Code 5.04.1 90(B)(1).

Commissioner Blundo

disclosed he held a privilege liquor license and as he was included in this list he asked the Chair to hear his item first so he could continue in his elected position to participate in the others as he had no pecuniary interest in them. He recused himself from his item.

Commissioner Blundo

was not present.

Commissioner Strickland

made a motion to approve the liquor license for Hole in the Wall; seconded by Commissioner Carbone; 4 yeas.

Commissioner Blundo

was present. July 7, 2021 16. For Possible Action Presentation regarding Liquor License fees collected for Fiscal Years 2021 and 2022, and discussion and deliberation to consider the renewal of licenses for Fiscal Year 2022 pursuant to Nye County Code 5.04.1 90(B)(1 )-Cont’d. Samantha Tackett said in the back-up was the list of all liquor licenses showing fees paid for FY21 and what they had paid for FY22. The last page of the back-up showed four establishments that had not paid. Staff tried to contact each of them by phone or in person and the only one she was aware of that would not renew was the VFW Post 6826 in Amargosa as it had closed. Mrs. Tackett asked for a motion to approve those listed on the first three pages of the back-up and then a Board determination as to whether to renew, suspend or revoke the ones listed on the last page.

Commissioner Blundo

said traditionally the Board had given until 5:00 p.m. this day for anyone to pay so their licenses were not suspended otherwise they would be suspended until the next available Board meeting where it would have to be heard to reinstate their licenses.

Commissioner Blundo

made a motion to approve renewal of the liquor licenses that had paid in accordance with the County Code and grant until the close of business at 5:00 p.m. today to allow those who had not to pay and be renewed otherwise they would be heard at a later Commission meeting to be reinstated; seconded by Commissioner Jabbour.

Commissioner Jabbour

asked if anything other than a phone call had been done to reach the applicants that had not paid, such as any type of mailing, e-mails, certified mail, etc.

Sheriff Wehrly

said she did not know if Mrs. Tackett sent anything certified. She did send people to each location to talk to the applicants face-to-face. The Beatty Club said he had paid, but that had not been received so he probably paid snail mail. Amargosa was closing their VFW, and Desert Heat was deliberating this morning whether they were going to pay because they were having a bit of difficulty. As far as the Short Branch Saloon in Crystal, Sheriff Wehrly advised no one had been able to contact Kathy, which was unusual.

Commissioner Strickland

asked if Beatty’s payment was in snail mail and postmarked by 5:00 p.m. today if that would be fine, to which Sheriff Wehrly responded yes.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. July 7, 2021 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 17. For Possible Action Discussion and deliberation to approve $12,270.00 for the purchase of fire hose for the Beatty Volunteer Fire Department from Curtis to be funded from 24234 Beatty Volunteer Fire Department PSST.

Commissioner Jabbour

made a motion to approve $12,270.00 for the purchase of a fire hose for the Beatty Volunteer Fire Department from Curtis to be funded from 24234, Beatty Volunteer Fire Department PSST; seconded by Commissioner Carbone; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS

Commissioner Carbone

made a motion to appoint Steven Bayne and Chrissy Pope for the term expiring June, 2024; seconded by Commissioner Jabbour; 4 yeas. DISTRICT ATTORNEY

Commissioner Carbone

made a motion to accept the agreement on the allocation on opioid recoveries; seconded by Commissioner Blundo; 4 yeas.

Commissioner Jabbour

made a motion to accept the Purdue Pharma LP bankruptcy plan in the bankruptcy case of Purdue Pharma LP, Case No. 19-23649 (RDD) (U.S. Bankruptcy Court S.D.N.Y); seconded by Commissioner Carbone; 4 yeas. SHERIFF

Commissioner Carbone

made a motion to ratify the County Manager’s acceptance of the two change orders for the FY21 Joining Forces award from the State of Nevada Department of Public Safety in the amount of $1,761.52 funded from 10340, Grants; seconded by Commissioner Jabbour; 4 yeas. July 7, 2021 DISTRICT COURT

Commissioner Carbone

made a motion to approve a lease agreement with Michael Truesdell for his drive-in theater; seconded by Commissioner Jabbour; 4 yeas.

Commissioner Blundo

made a motion to determine that an excess Nye County vehicle with the VIN as stated was no longer required for public use and it was in the best interest of Nye County and the people to dispose of the excess vehicle through salvage with any resulting funds deposited into Fund 10401 or 10402, Capital Projects, based on Comptroller determination upon receipt of the funds; seconded by Commissioner Carbone; 4 yeas. EMERGENCY SERVICES

Commissioner Blundo

made a motion to approve and execute the agreement; seconded by Commissioner Carbone; 4 yeas. July 7, 2021 FINANCE

Commissioner Blundo

disclosed he had a privilege license in Nye County and had been a business owner in the County for the last 15 years. They had applied through the Nye County CARES Act Program. In an abundance of caution, he said he would abstain and recuse himself from this item.

Commissioner Blundo

was not present. Samantha Kramer provided an update on the working capital program. Areas of concern identified included lack of accountability from applicants; lack of compliance with approved applicants; and lack of timely communication. Those issues resulted in the County having a liability of $204,579.41. Savannah Rucker explained they needed back-up for all expenditures associated with federal grant dollars. If the back-up was not received from the applicants the County was on the hook for that $205,000.00. It was critical that the Board was aware of what was going on and action was taken to help the business as much as possible, whether through a grant agreement extension or some type of repayment plan, because that burden should not be put on the other taxpayers of the County.

Commissioner Strickland

asked what kind of documentation was being looked for.

Mrs. Kramer

said they had to show how they used the funds to ensure it was an allowable expenditure under the CARES Act and that it was paid.

Mrs. Rucker

added they also needed to make sure the expense was not claimed twice via another federal or County program.

Commissioner Strickland

said this problem could escalate with the next money coming and asked if there was a way to make the applicants more accountable.

Mrs. Kramer

advised they had a proposal in the policy to fix that, which was a repayment plan agreement. She asked for guidance for the applicants under this program that had not sent the required documentation to close out their grant agreements. Options included completing a no-cost extension agreement through December 31, 2021, or a repayment plan agreement. Mrs. Kramer said they were in the process of creating the repayment plan agreement and would include today’s discussion with the Commissioners in that final agreement. They had identified that if the applicant did not respond to Nye County and was in breach of their agreement they would be turned over to the District Attorney’s Office for prosecution. July 7, 2021 36. For Possible Action Presentation, discussion, deliberation, and possible amendment of the Nye County CARES Act Policy to include current project status and funding availability and direction to administer and change funding allocation between programs-Cont’d.

Commissioner Carbone

asked if the District Attorney’s Office had sent a response regarding their review of this.

Mrs. Kramer

said there was no response yet, but they were waiting on finalizing the repayment plan agreement.

Commissioner Strickland

wondered if people needed help to get this done.

Commissioner Carbone

felt they could explain some of the problems they were having, but it was not an easy thing to get people to say they spent the money on their car instead of what they should have or that they had changed their business.

Mrs. Kramer

said they had reached out to the applicants multiple times in various ways. She would like to do a final communication attempt with a certified letter. She mentioned they had been working with the applicants for months and not all had contacted Finance to remedy the situation.

Commissioner Jabbour

reminded everyone the question was asked if the County would be subject to an audit and the answer was yes. If applicants were in breach of their contracts they needed to prove why and explain.

Commissioner Carbone

made a motion to accept the policy changes as delineated in the document as presented; seconded by Commissioner Jabbour. Ammie Nelson said there was a list published on Facebook of all the applicants and the money received. One of them was a business that was not approved to operate in Pahrump or the County at the time they submitted an application. Ms. Nelson felt something else that needed to be looked into was whether they were legal to operate in the County and how many times they applied.

Commissioner Blundo

was present and disclosed he had a business in Pahrump and Nye County for 15 years. He held a privilege license and in an abundance of caution he made the disclosure and would abstain from this item as well.

Commissioner Blundo

was not present. Samantha Kramer said page 2 of the back-up was the status of the Nye CRP small business grant program. The areas of concern were the same as the last item along with double dipping. Applicants were submitting the same documentation under this program as they submitted under CARES. A review was underway, but the current liability to the County for unreported use of grant funds was $1 070,746.22. Savannah Rucker said one of the things being discussed to provide to the businesses was contracting with a local CPA to assist them. Some of the businesses felt like staff was being intrusive, even though the agreement provided they had to provide proof of expenditures. The goal was not to push it off to the District Attorney’s Office for prosecution but rather to help individuals become compliant.

Commissioner Strickland

asked if there was any contingency that someone could not make another application until the prior one was completed.

Mrs. Rucker

said that was built in and felt that should also be done when the America Rescue Plan came forward. After seeing this data, she suggested instead of the honor system this program was done on to make it a reimbursement program.

Mrs. Kramer

asked that the policy be updated to include a repayment plan agreement as well as to add applicants who did not respond were in breach of their agreement and would be turned over to the District Attorney’s Office for prosecution.

Commissioner Carbone

made a motion to add to the current Nye County COVID Relief Plan Policy the repayment plan agreement; seconded by Commissioner Jabbour; 3 yeas. July 7, 2021 PUBLIC WORKS

Commissioner Carbone

made a motion to determine that an excess Nye County fire truck engine no. 5210 (serial no. 1133) was no longer required for public use and it was in the best interest to donate the fire truck to the Pahrump Valley Museum; seconded by

Commissioner Jabbour

. Pat Minshall pointed out the agenda item did not say if the vehicle was working and she wondered if it would be better to donate it Mexico.

Commissioner Blundo

made a motion to approve the letter of support for the NFLAP Bob Ruud Memorial Highway/Bell Vista Avenue grant application; seconded by

Commissioner Carbone

; 4 yeas.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. PUBLIC PETITIONER

Commissioner Strickland

made a motion to continue this item for another day and ask for more applicants; seconded by Commissioner Jabbour; 4 yeas.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. July 7, 2021

Commissioner Carbone

said Robert Adams was looking for the Commissioners support to move forward. Robert Adams explained this was a group effort by the Beatty Town Advisory Board, the Pahrump Private Lands Committee, the Pahrump Tourism Advisory Committee, and the Nevada Silver Trails Tourism Committee. He asked that the Commission work with the project developers and federal cooperating partners to designate routes and protect the connectivity of those routes. Amargosa was not included, but they would continue to work with communities, businesses and citizens. The routes were not a done deal and they were currently working with the Amargosa Dinners Club. John Bosta recognized the fact that the people reached out to Amargosa, but this item had not been heard by the planning committee or the town board. They had asked what roads the people would use through Amargosa and there were no detailed roads they would use. Mr. Bosta pointed out the last time there was open road through Amargosa Valley there was dust for at least two days.

Commissioner Carbone

suggested Mr. Bosta speak with Mr. Adams to help identify those roads, which would then be presented to the town board and the planning commission.

Commissioner Blundo

made a motion to endorse the expansion of the Nevada Silver State Trail System including a route connecting Pahrump, Tonopah and beyond; to work with communities, businesses and citizens to identify fun, challenging, and sustainable off-road trails; and to work with neighboring counties and federal partners to designate a County-wide, regional and statewide trail system; seconded by

Commissioner Jabbour

; 4 yeas.

Commissioner Carbone

had mentioned issues on Martin Avenue. Ms. Nelson knew the person who lived across the street. The issue had been going on for years and nothing had been done about it. She asked Commissioner Carbone to follow up with her about it. John Bosta thanked the County Commissioners and County staff for the help they had given the Town of Amargosa since February 2, 2021. The help was important to the community.

Commissioner Strickland

asked staff to reach out to Ms. Nelson and show her where there was a one year cooling off period on consulting only. She also asked staff if there was anything in the guidelines for conducting a meeting regarding talking about the same item twice during the public comment periods at the beginning and end of the meeting. Tim Sutton said repetitive comments could be prohibited, but he was not sure on the other and would check into it.

Commissioner Jabbour

talked about the 4th of July holiday and the practice of setting off fireworks. He pointed out there was currently a fire ban and the Board passed a resolution about fire awareness from May to October, even though he felt it should be all year long. He said the State was in a drought and everyone needed to be very careful when setting off fireworks or doing fire-related activities like barbecues.

Commissioner Carbone

said there was a poker run just before the 4th of July which was very successful.

Commissioner Blundo

said he wanted to reopen item 12 to change the date to bring it back at the first meeting in August as the applicant would not be available. He also wanted to reopen item 33.

Commissioner Jabbour

was concerned that if it was pushed up sooner and it was not able to get on the Amargosa agenda it would have to be continued again.

Commissioner Strickland

asked about the fee schedule. Lorina Dellinger said it was $250.00 per acre per year. It was estimated at ten 10 acres, but she was waiting for the final legal description from Public Works. There was also still some housekeeping to do on that part of the lease agreement.

Commissioner Strickland

asked if it should be brought back.

Mrs. Dellinger

said she had a site development that he provided in his first agenda item that provided the description Public Works would work from.

Mrs. Galli

said licensing was costly and running events or even a small business in Tonopah was extremely difficult. She hoped he would get the first year free to get him up and going. She thought that would be a small token of appreciation for a small business coming out of COVID.

Commissioner Blundo

made a motion to adopt an amendment to the lease and give them one year free; seconded by Commissioner Carbone. Since a motion was made before, MarIa Zlotek recommended rescinding that and then making a new motion.

Commissioner Carbone

made a motion to rescind the motion to move forward to approve the lease agreement for the drive-in theater; Commissioner Jabbour rescinded his second. Tim Sutton clarified the lease amount was $250.00 per month total. Additionally, no amendment was needed because the effective date was left blank so it would just be a matter of setting that.

Commissioner Strickland

said she would rather have a lease agreement in place with all the protections with the payment schedule taking place at a later date.

Mr. Sutton

explained the lease agreement approved did not have an effective date in it. If the Board wanted to give the gentleman a year then the effective date could be set as a year from now. July 7, 2021 33. For Possible Action Discussion and deliberation to approve, amend and approve or reject a Lease Agreement with Michael L. Truesdell for a portion of property located at the Tonopah Airport for the purpose of a Drive-in Theater. The initial term of the Agreement is five years, with an option to renew for up to two consecutive periods of five years. Revenues will be deposited into Fund 10209 Airport-Reopened-Cont’d.

Commissioner Strickland

said for paying was one thing, but carrying liability insurance and all the things that go with it was another. She wanted a motion that the lease was in place when he took possession and forego the payments for a year.

Commissioner Blundo

began to make motion to adopt the lease granting the first year of the lease rent free and asked what the effective date would be, which everyone thought should be one year from today. Bradley Richardson thought the other essential terms as set out in the agenda item needed to be included in the motion.

Commissioner Blundo

made a motion to amend and adopt a lease agreement with Michael L. Truesdell for a portion of the property at the Tonopah Airport for the purpose of a drive-in movie theater; the initial term of the agreement would be five years with an option to renew for up to two consecutive periods of five years; revenues would be deposited into Fund 10209, Airport; and the first year of the lease would be free; seconded by Commissioner Jabbour.

Mrs. Dellinger

mentioned section 1.12 of the lease agreement, commencement of business activities, stated the company would begin active operations on the property in one year so hopefully at the end of that one year he would be able to begin those operations.

Commissioner Jabbour

mentioned how frustrating the lag between locations was. ____________________________________ _____________day July 7, 2021

Commissioner Strickland

adjourned the meeting. APPROVED this ATTEST: Of , 2021. e ,. Cha N)e Couty Clerk! Deputy l.request, that my comments are reflected in the minutes of this meeting and I submit ‘a copy of my prepared written remarks to be included in the minutes. My name if John Bosta, I’m speaking as a citizen of Town of Amargosa Valley, NV. June 24, 2021.1 received a call from the Farm Road, LLC Manager, Paris Balaouras Who..requested to be placed on the AVTB Agenda July 1.2021 to move a Medical Cultivation License (Facility ID C202 issued 3/22/2021) and an Adult- Use Cultivation License (Facility ID: RC202 issued 3/22/2021) for MJ Distributing C202 LLC at 3171 Tilman St. Pahrump, NV 89061 to 2215 E. Anvil Road, Ama rgosa Valley, NV. I informed Paris that the July 1, 2021 had already been posted. And, he needed to make an application to be placed on jie AVTB Planning. Committee Agenda to reviewthe goals, plans, objectives and policies related to the land liSeof 100 aces in AP.N 019-751-02. The Nye County Comprehensive/Master Plan Section 21.1 Exempt classification which describes lands from the provisions of this plan: Town. with Land Use Plans: The county defers to thosø towns with an adopted or approved land use plan. For the goals, objectives and policies related to land use and planning activities for those areas, and’ adopts such plans by reference. The TOWn Board of Amargosa Valley (AVTB) has not been notified abought Item 12 until the item was posted July 1, 2021 by the B0CC for the July 7, 2021 agenda. ‘During, the July 6, .2021 the Amargosa Valley Planning Committee (AVPC) Paris Balaouras and Yama. Hellai of’ Mi. Holdings Inc. made a presentation to the AVPC. Paris said, “I requested the BOCC to Withdraw item 12 from the agenda at their meeting. tomorrow.” Respectfully, John F. Bosta •1ç Ok .JuIy’7, 202.1 Bocc Agenda Item 12. Comment by John F Bosta Page 1 ATTACHMENT I