Public meetings / Board of County Commissioners
July 20, 2021
164 turns, 164 with a named speaker, under 24 agenda items. The words and the names are the county clerk's.
2. Commissioners’IManager’s Comments (This item limited to announcements or
Commissioner Cox
thanked Commissioners Jabbour, Blundo and Strickland for checking if she was on the phone during the last meeting. She said she missed the last part of the meeting because she had to take her husband to physical therapy. She noticed when she listened to that half of the meeting that Tonopah did not have a flag behind the dais. When she was told that it was on the left of the dais, Commissioner Cox said it would be better if it could be moved somewhere where it could be seen. She also thought the Nevada flag should be bigger and there should be a County flag as well.
Commissioner Strickland
said Buildings and Grounds would look at it.
Commissioner Carbone
reminded people heading to the dump that they needed to cover their loads because trash was constantly being picked up, even on his street. There was a fine if the load was not covered. July 20, 2021 2. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d.
Commissioner Blundo
advised on Tuesday a federal appeals court ruled that the federal law banning handgun sales by licensed dealers to anyone under 21 years of age was unconstitutional, which he thought was a victory. Additionally, diesel tax workshops had been held throughout the County, but he would like to see more attendance.
Commissioner Jabbour
said he toured the Pahrump animal shelter a few weeks ago and reminded everyone to spay and neuter their animals. He then mentioned the resolution adopted recently about fire awareness, which was from May to October.
Commissioner Jabbour
not understand why it was limited to that timeframe and said everyone needed to keep that awareness in mind.
Commissioner Strickland
said she represented the County at the NACO meeting. While there were 17 counties in Nevada, only six counties were represented at that meeting. She hoped all Commissioners would travel in February, 2022, for NACO again. Treasurer John Prudhont announced it was real property tax time again. He asked people who had not received their tax bills yet to be patient as they were coming.
8. 10:00 a.m. For Possible Action Discussion and deliberation regarding the
Commissioner Blundo
made a motion to approve; seconded by Commissioner Carbone; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS
13. 10:00 a.m. Presentation from Sharen Black regarding a sustainable ‘Cotillion
Commissioner Carbone
said it was a great program which would be nice to have for the kids in the County and felt it should be looked at.
Commissioner Cox
also thought it was a great idea and would love to see the program in Pahrump.
Commissioner Jabbour
said it was a wonderful concept and hoped it would come to fruition.
Commissioner Blundo
appreciated this coming to the Board. He thought it was hard to find people who had a passion to step up and do programs like this that served the children.
Commissioner Strickland
asked staff to bring a letter of support back to the Board. July 20, 2021 13. 10:00 a.m. Presentation from Sharen Black regarding a sustainable ‘Cotillion for Success’ program tailored to 4th and 5th grade students in under-served communities-Cont’d. Kay LaPointe added this was presented to J.G. Johnson in Pahrump as well as to the School Board. 12. 10:00 For Possible Action Presentation by Mark Fiorentino on the 2021 — — Regular Session of the Nevada Legislature as it relates to Nye County. Mark Fiorentino said he read close to 1,000 bills and actively tracked about half. He explained the majority of their work was to try to eliminate bills that would have a severe impact on the County or lessen the impact. He discussed the bills that passed and how they impacted the County as well as the bills that did not pass. The County’s proposed BDR regarding the commerce tax did not get a hearing. 9. 10:00 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt, or reiect the Nye County Employees Association Agreement to include the reporting of the fiscal impact of the agreement. Savannah Rucker discussed the fiscal impact of this agreement. The ratification bonus of $1 ,000.00 for each employee generated a payout of $320,000.00, which would be backdated to FY21. In FY22 the total fiscal impact of the agreement with the expectation that all positions were filled was $24,253,069.00. The general fund alone would absorb $13.96 million of that total. The remaining funds that supported the contract included the road fund, the jail fund, and various other funds such as the Town of Pahrump general fund and the Gabbs town general fund.
Commissioner Strickland
opened and closed the public hearing.
Commissioner Blundo
confirmed the “me too” clause had been removed.
Commissioner Blundo
made a motion to adopt the Nye County Employees Association agreement; seconded by Commissioner Carbone; 5 yeas. July 20, 2021 10. 10:00a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reiect Nye County Bill No. 2021-06: A Bill proposing to amend Nye County Code Title 17, titled Comprehensive Land Use Planning and Zoning, by adding Chapter 17.12, titled Craft Distillery, Brewery, Brew Pub, Cidery, Meadery and Winery Zoning Requirements, to establish the zoning, land use and development requirements applicable to distilleries, micro distilleries, cideries, microbreweries, brew pubs, meaderies and wineries within Nye County, including those areas within the Pahrump Regional Planning District; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto.
Commissioner Blundo
disclosed he held a Nye County privilege liquor license, but he did not believe that would impede him from participating or having any pecuniary interest in this item.
Commissioner Strickland
opened the public hearing. Roy Mankins, Chairman of State Board of Economic Development for the Southwest Region, said they had many inquiries about establishing small wineries. This was a multi-generational business and some of them could last 200 years. The barrier to entry was not as severe as the others because people could start with an acre and increase. It also used less water than a house per acre and would provide jobs. Arlette Ledbetter, Pahrump Tourism Director, said this would create conformity with the regulations. She said she was very excited for tourism as they always liked to promote the points of interest, some of which were wineries, and this would enhance their offerings. Tim Burke said a lot of work went into this and he asked for the Board’s support.
Commissioner Blundo
said on page 19 of the back-up he would like the minimum acreage changed to one acre and instead of 200 vines he would like it changed to 100 vines. As to limiting it to one special event per calendar quarter, Commissioner Blundo did not like calendar quarter and felt someone should be able to operate on the weekends or every day and he would like to remove that in its entirety. Planning Director Brett Waggoner explained there was a Code amendment for commercial farming and commercial agriculture. These businesses had to mesh with the residential area.
Commissioner Strickland
said family farming was allowed in RH4.5 and RH9.5, but it was not allowed on the smaller parcels.
Mr. Waggoner
said that was correct, without a CUP, but CUPs were allowed for commercial. July 20, 2021 10. 10:00a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2021 -06-Cont’d.
Commissioner Strickland
noted the Code did not allow for the changes Commissioner Blundo wanted and asked him if he would be willing to move forward with the bill as it was.
Commissioner Blundo
felt changes could be made here.
Commissioner Strickland
mentioned the problems with hemp in the past with spot zoning which was why the change was made to five acres. Wineries had needs also and she did not think the public wanted an acre of vineyards next to them.
Commissioner Blundo
said he had a hard time putting constraints on something that had not happened yet.
Commissioner Carbone
asked Commissioner Blundo if he wanted them to be able to have 1,000 people every day.
Commissioner Blundo
said not every day, but he wanted to see where it fell and then figure it out.
Mr. Waggoner
reminded the Board these were special events on residential property which would be a disruption to the residential neighborhood.
Commissioner Blundo
thought the one acre and 100 vines was important, but he would leave the special event alone.
Commissioner Strickland
said she could not support any of the changes.
Commissioner Blundo
said he wanted to change section C.2. to read “On the premises of the craft distillery, sell the spirits manufactured at the craft distillery at retail for consumption on or off the premises” and delete the rest because he felt that was putting the burden on the businesses to track the people on how many cases they bought. He also disagreed with limiting how much people could buy.
Mr. Waggoner
explained those limitations were from NRS and the County could not be less restrictive than the NRS, which Commissioner Blundo’s proposed change would do.
Commissioner Strickland
did not understand the change as the NRS number was stated.
Mr. Waggoner
said Commissioner Blundo had made a comment on not wanting to limit the number of cases that could be bought and the County was not doing that. It was limited by NRS. July 20, 2021 10. 10:00a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2021 -06-Cont’d.
Commissioner Strickland
felt it was not needed in the body of the document as it was NRS.
Commissioner Blundo
also wanted to strike the language any such samples must not exceed per person per day four fluid ounces.”
Commissioner Carbone
made a motion to amend and adopt with the changes on page 21, item 1 and item 2 to be removed as it was covered by NRS 5957.235, and adopt as Chapter 17.12 titled Distilleries, Breweries, Pubs, Meaderies, and Wineries with the zoning requirements established in this item effective August 9, 2021; seconded by
Commissioner Cox
asked if this would affect current businesses, to which Mr. Waggoner responded no and they would essentially be grandfathered.
Commissioner Strickland
opened the public hearing. Pat Minshall, an Amargosa resident, asked that her comments be included in the minutes [see Attachment 1]. She thought this should be denied as the applicant did not have a State license as requested on December 21, 2020. They snuck into Amargosa and thought they could just get away with it. At the time of this request there was a hemp permit across the street and Ms. Minshall believed they started building because there was a viable hemp grow next door. She understood the testing of the product found that it was cannabis, not hemp. They had no building permits or inspections, which was in violation of the County requirements. The applicant also never came to the Town’s planning committee. Ms. Minshall stated if they were allowed in they should pay a fine to the Town of Amargosa for building without permits and not having inspections done. If they were allowed to stay then they needed to make agreements with the town to give a monetary fee for every pound they sold. John Ostrander, a registered hemp grower at 5256 Amargosa Farm Road, stated everything just said was false. Regarding the building and construction, it was all local July 20, 2021 11. 10:00 a.m. For Possible Action — — Public Hearing, discussion and deliberation on SU-2020-000070-Cont’d. people and local suppliers so they brought a lot of economics to the area. He asked the Board to allow them to grow marijuana and have the special use permit.
Commissioner Strickland
closed the public hearing. Brett Waggoner said there was a licensed hemp facility and there were rumors regarding the possibility of marijuana being grown at the facility. An investigation was opened with the Sheriff’s Office and samples were taken. Three of them were sent to a lab and one did come back with a THC rating above hemp. The Department of Agriculture removed the certificate for growing hemp from the facility due to them not following the rules as far as notices and inspections, etc. They reached a settlement agreement with the Department of Agriculture and their hemp certificate was reinstated. As far as the buildings that were out there, Mr. Waggoner said there was a lot of work they had been addressing if they wanted to be a marijuana facility, which were to have their building permits and inspections like all other facilities in the County. There was a lot of things built and improvements done, so that obviously had never happened. Mr. Waggoner said that had to be tackled if this was to be permitted as a marijuana facility.
Commissioner Carbone
asked the applicant if they were in the process of finding a license for marijuana production and grow.
Commissioner Strickland
advised she talked to the Sheriff who believed this should not be approved until all requirements of the security plan had been met.
Mr. Ostrander
said they worked with CivilWise, who advised them on what they needed to do as far as procedure. He said they were more than willing to comply with it and just needed the direction. He confirmed they were trying to get the other licenses mentioned by Commissioner Carbone.
Commissioner Blundo
was concerned that it was before the Board as hemp, but it was really for a marijuana facility and those two things did not mix.
Mr. Ostrander
explained they initially came for the hemp and were doing special hemp, but that did not pan out so they were going to the cannabis license to move on. As far as economics, they were looking to employ all locals.
Commissioner Blundo
made a motion to deny the application at this time; seconded by
Commissioner Blundo
asked Mr. Ostrander to let everything be in the past. He said to get the negotiations zipped up, bring that forward to the town, and then come back to the County with the completed list. July 20, 2021 11. 10:00 a.m. For Possible Action — — Public Hearing, discussion and deliberation on SU-2020-000070-Cont’d.
28. For Possible Action Approval to renew marijuana licenses for Fiscal Year
Commissioner Blundo
made a motion to approve renewal of marijuana licenses for FY2021-2022 pursuant to Nye County Code 5.32.080(A); seconded by Commissioner Jabbour; 5 yeas. The Board was in recess until 1:45 p.m. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD
Commissioner Strickland
assumed the Chair of the Licensing and Liquor Board. LIQUOR 14. For Possible Action Hearing to Show Cause, discussion and deliberation to: 1) Consider reinstating the Beatty Club Liquor License that was suspended due to nonpayment of the license renewal fee pursuant to Nye County Code 5.04.330(A); or 2) Allow additional time to pay delinquent renewal fee.
Commissioner Blundo
disclosed he held a privilege liquor license in Nye County, but he did not believe it would be a conflict for him to participate in this item.
Commissioner Strickland
said the Sheriff advised there were external facts with the owner experiencing medical problems who was in Las Vegas at last contact. She asked if payment had been received. Samantha Tackett said the owner was on the phone. They had made their payment and were compliant at this point. Alpheus Bruton, owner of the Beatty Club, was present via telephone.
Commissioner Jabbour
made a motion to reinstate the Beatty Club liquor license suspended due to non-payment of the license renewal fee pursuant to Nye County Code 5.04.330(A); seconded by Commissioner Carbone; 5 yeas. July 20, 2021
Commissioner Strickland
assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 15. For Possible Action Discussion and deliberation to appoint one member to the Pahrump Parks and Recreation Advisory Committee due to one vacancy from the following list of applicants: Mark Broedling.
Commissioner Cox
made a motion to approve; seconded by Commissioner Blundo.
Commissioner Cox
amended her motion to approve with the term expiring January 1, 2023; Commissioner Blundo amended his second; 5 yeas. 16. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reiect the Interlocal Contract between Nye County on behalf of Pahrump Valley Fire Rescue and the Nevada Department of Health and Human Services to provide emergency transportation, ground ambulance services.; 2) Execute the Agreement; and 3) Deposit revenues to Fund 25520-Pahrump Ambulance Service.
Commissioner Blundo
made a motion to 1) approve the interlocal contract between Nye County on behalf of the Pahrump Valley Fire Rescue and the Nevada Department of Health and Human Services to provide emergency transportation, ground ambulance services, 2) execute the agreement, and 3) deposit revenues to Fund 25250, Pahrump Ambulance Service; seconded by Commissioner Jabbour; 5 yeas. 17. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Town of Pahrump Resolution No. 2021 -03: A Resolution to Close Town of Pahrump Funds.
Commissioner Blundo
made a motion to adopt Town of Pahrump Resolution No. 2021- 03; seconded by Commissioner Carbone; 5 yeas. 18. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Town of Pahrump Resolution No. 2021-04: A Resolution to Close Town of Pahrump Funds.
Commissioner Carbone
made a motion to adopt Town of Pahrump Resolution No. 2021-04, a resolution closing Town of Pahrump funds; seconded by Commissioner Blundo; 5 yeas. July 20, 2021 19. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Town of Pahrump for Fiscal Year 2021 -2022 pursuant to NRS 350.013.
Commissioner Carbone
made a motion to approve the Debt Management Policy Statement and Capital Improvement Plan for the Town of Pahrump for FY2021-2022 pursuant to NRS 350.01 3; seconded by Commissioner Jabbour; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 20. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Town of Beatty for Fiscal Year 2021 -2022 pursuant to NRS 350.013.
Commissioner Jabbour
made a motion to approve the Debt Management Policy Statement and Capital Improvement Plan for the Town of Beatty for FY2021-2022 pursuant to NRS 350.013; seconded by Commissioner Carbone; 5 yeas. GABBS 21. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Town of Gabbs for Fiscal Year 2021 -2022 pursuant to NRS 350.013.
Commissioner Jabbour
made a motion to approve the Debt Management Policy Statement and Capital Improvement Plan for the Town of Gabbs for FY2021-2022 pursuant to NRS 350.013; seconded by Commissioner Blundo; 5 yes. MAN HATTAN 22. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Town of Manhattan for Fiscal Year 2021-2022 pursuant to NRS 350.013.
Commissioner Jabbour
made a motion to approve the Debt Management Policy Statement and Capital Improvement Plan for the Town of Manhattan for FY2021-2022 pursuant to NRS 350.013; seconded by Commissioner Blundo; 5 yeas. July 20, 2021 23. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the FY22 Public Safety and Use Tax (PSST) plan for Manhattan Volunteer Fire Department.
Commissioner Carbone
made a motion to adopt the FY22 Public Safety and Use Tax plan for the Manhattan Volunteer Fire Department; seconded by Commissioner Jabbour; 5 yeas. AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT 24. For Possible Action Discussion and deliberation regarding the Debt Management Policy Statement and Capital Improvement Plan for the Pahrump Pool District for Fiscal Year 2021 -2022 pursuant to NRS 350.013.
Commissioner Blundo
made a motion to approve the Debt Management Policy Statement and Capital Improvement Plan for the Pahrump Pool District for FY2021- 2022 pursuant to NRS 350.01 3; seconded by Commissioner Carbone; 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. 25. For Possible Action Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens.
Commissioner Blundo
made a motion to approve items 25-27; seconded by
Commissioner Carbone
; 5 yeas. 26. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in October for Tuesday, October 19, 2021 in Pahrump, NV.
Commissioner Blundo
made a motion to approve items 25-27; seconded by
Commissioner Carbone
; 5 yeas. July 20, 2021 27. For Possible Action Approval to: 1) Accept the FY20 Recreational Trails Program (RTP) Project Agreement from the State of Nevada, Division of State Parks in the amount of $7,647.00 with a match amount of $402.00 for the purpose of replacing existing gates with cattleguards on a busy section of the Pahrump to Tonopah Off-road Adventure Trail; 2) Execute the Project Agreement; and 3) Fund $7,647.00 from 10340 Grants and $402.00 from 10101 General Fund.
Commissioner Blundo
made a motion to approve items 25-27; seconded by
Commissioner Carbone
; 5 yeas. BOARD OF COMMISSIONERS
35. For Possible Action Public Hearing on the fair market value of one property
Commissioner Carbone
disclosed that on June 2, 2021, this item was item 34 and during that meeting there were people in the audience that did not know they were present to discuss it. Also, Mrs. Blundo was an executive director at that time.
Commissioner Carbone
just wanted it known that the Commissioners did not have a lot of knowledge about what was going on. In an abundance of caution, Commissioner Blundo disclosed that to his knowledge his wife had not been employed by them or compensated so there was no pecuniary interest. This item at this time was to have the hearing and no one was being selected to sell it to at this juncture.
Commissioner Strickland
opened and closed the public hearing. July 20, 2021 35. For Possible Action Public Hearing on the fair market value of one property described as 1501 and 1503 E. Calvada Blvd., Pahrump, NV. Assessor’s Parcel Number 042-041-35, owned by Nye County, consisting of a 3.83-acre Community Facility (CE) zone; Fair Market Value $1,800,000.00. The appraisal of the subject property as conducted by Fidelity Appraisals-Cont’d.
Commissioner Jabbour
stated he was the nay vote when this item was previously heard. He understood that this building was going to be utilized for County personnel as they had outgrown their area. If the County sold this at $1 .8 million for example, with the square footage involved of almost 1 7,000, that equaled what was formally known as the build out of $100.00 a square foot, which was no longer the case. If the County sold this property and then realized in the next year or two that staff had really outgrown their areas and the County needed to rebuild or replace, the County would pay three to four times more than what it was appraised at right now. Commissioner Jabbour thought the County would make a mistake selling this property and mathematically it did not make sense to him at this time. He felt it should be used by the County for County needs.
Commissioner Strickland
disclosed she was a real estate broker, but she had no pecuniary interest and would not recuse herself. Joe Manbretti, a general builder, addressed the square footage cost, which he felt was way low. He said the current cost at the low end was $1 30.00 a square foot for commercial buildings. With this type of building the price would be approximately $145.00 per square foot and it would go up through the years.
Commissioner Strickland
disclosed again she was a general contractor, but she had no pecuniary interest in this item and would not recuse herself. She commented the County was building right now at $200.00 a square foot. Using that figure it would build a 9,000 square foot facility. She had always believed in getting rid of old assets to create new assets. There was a huge need to place other personnel and she hoped that could be done around the Calvada Eye itself.
Commissioner Cox
felt it could be leased for $1.00 a square foot now. That would allow the County to hold onto it until it matured to a higher price. She asked if this obligated the County to sell it for $1 .8 million. Lorina Dellinger explained this was just the public hearing on the fair market value. An item would come back to determine whether to hold an auction or do a direct sale.
Commissioner Blundo
did not think the comments about square foot price took depreciation into consideration. He saw the potential value for the community with more medical services. The money from the sale was an opportunity to build buildings, and office buildings were cheaper to build than medical facilities. It would also allow the County to build a building to its liking. July 20, 2021 35. For Possible Action Public Hearing on the fair market value of one property described as 1501 and 1503 E. Calvada Blvd., Pahrump, NV. Assessor’s Parcel Number 042-041 -35, owned by Nye County, consisting of a 3.83-acre Community Facility (CF) zone; Fair Market Value $1,800,000.00. The appraisal of the subject property as conducted by Fidelity Appraisals-Cont’d.
Commissioner Cox
said it could be leased to anyone who wanted to come and do this. She did not support selling at this point.
Commissioner Carbone
mentioned how old the building was and how much it would cost the County to renovate versus selling it.
Commissioner Cox
felt any renovation would be the responsibility of the tenant.
Commissioner Blundo
made a motion to accept the fair market value on the property described as 1501 and 1503 E. Calvada Boulevard, Pahrump, Nevada, parcel number 042-041-35 owned by Nye County consisting of 3.83-acre community facility (CF) zone at $1 .8 million; seconded by Commissioner Carbone; 5 yeas.
36. For Possible Action Public Hearing on the fair market value of five (5)
Commissioner Strickland
disclosed she was a real estate broker, but she had no pecuniary interest in this item and would not recuse herself.
Commissioner Strickland
opened and closed the public hearing.
Commissioner Carbone
made a motion to approve; seconded by Commissioner Jabbour; 5 yeas. July 20, 2021
37. For Possible Action Discussion and deliberation to adopt, amend and adopt,
Commissioner Blundo
made a motion to adopt Resolution No. 2021-25; seconded by
Commissioner Carbone
; 5 yeas.
38. For Possible Action Discussion and deliberation to consider a public/private
Commissioner Carbone
said this was a plan for manufacturing facilities to build a particular housing module that could be put up quickly and moved as well as support wherever there was a disaster or a place that needed multiple homes. It was covered by a grant through the United States government. When the project was set up and running the County would make a 5% profit from it. Commissioner Carbone then disclosed he knew Joseph Manbretti as a friend and he was not doing this for himself. Joe Manbretti, CEO of Visions RS Corporation, said they had built over 25,000 homes in all phases. The project was available through the FY2OI 8 EDA Disaster Supplement for counties like Nye that held a high unemployment rate. Nye qualified to get almost 100% as long it showed proof. It took four hours to put the home up and was self- contained. It had NASA technology on the electrical and water, a locking system used on the trains for locking containers on the rails, and solar and wireless electricity. Mr. Manbretti said these units were more cost-effective than standard built. He noted housing was needed in Pahrump and he felt this program would help with that. Mr. Manbretti asked for the Board’s approval of the letter he sent them proving it was a viable project needed here to help anywhere in the United States, Puerto Rico or any other areas that were in disaster. July 20, 2021 38. For Possible Action Discussion and deliberation to consider a publiclprivate partnership for the purpose of applying for an Economic Development Administration (EDA) Disaster Supplemental Notice of Funding Opportunity (NOFO)-Cont’d.
Commissioner Carbone
pointed out Mr. Manbretti was also asking the County to manage the grant.
Mr. Manbretti
said yes and all he wanted was his portion of the grant to build it.
Commissioner Strickland
said a letter of support would need to be brought back. She asked to have workshops with the various County departments to discuss what Mr. Manbretti wanted to do and figure out how to make it work in the communities. Tim Bohannon said he liked the idea. He asked if the County had to declare a natural disaster because of the employment.
Commissioner Carbone
said no because Mr. Manbretti had to identify the employment numbers. Lorina Dellinger clarified these units were being constructed to ship out to wherever there was an emergency, not just for use in Pahrump. If the County wanted to use them for the homeless situation the County would have to pay for them. As to the letter of support, she asked if the County would apply for and own the grant.
Commissioner Carbone
thought Mrs. Dellinger was right because the County would have to manage the grant based on what he read.
Commissioner Strickland
recommended when it was brought back that Grants Administrator Samantha Kramer look at it. Savannah Rucker said she would talk with Mrs. Kramer when she came back from vacation. Mrs. Rucker also had concerns from the procurement side considering it would be sub-granting with public/private partnerships.
Commissioner Cox
said she had an issue with the public/private partnership because if something went wrong with one of the partners then the other partner would be stuck with everything. She would like to remove the private part.
Commissioner Jabbour
asked what the life expectancy of this type of structure was, to which Mr. Manbretti responded 20 years. Staff was directed to bring back a letter of support. July 20, 2021 TREASURER
39. For Possible Action Discussion and deliberation to adopt, amend and adopt,
Commissioner Blundo
expressed his concern that no road rate was listed in any section. He wanted to know where an adjustment could be made to change that. Savannah Rucker explained that could not be changed at this point because when the budgets were presented to the Board assumptions were made on property tax rates based on what happened throughout the year. The discussion about modifying the property tax rate would have to be held in February, 2022, for the following fiscal year.
Commissioner Blundo
wondered where the rate for roads went and felt adjustments could be made by reallocating money out of the general fund to roads.
Mrs. Rucker
advised the road rate went away in the FY16 budget year. The road fund was supported by multiple fuel taxes. Public Works Director Tim Dahl said the presentations they had been doing at the workshops included some pictures showing the struggles they had trying to maintain the existing roads. They received $3 million to $4 million to maintain them, but it was over $8 million to maintain the roads and keep them at an acceptable level today.
Commissioner Blundo
would like to have an item come to the Board in a timely manner to see what line item money could be moved from to fund roads.
Commissioner Blundo
made a motion to adopt Nye County Resolution No. 2021-26; seconded by Commissioner Carbone. John Bosta said he looked at the back-up and noticed the Nye County Water District was not on the list. It did not have a tax rate, only a fee rate, and for years he asked why the fee rate was on the tax bill. Every parcel in the County paid $5.00 and yet they were not on the list as having the tax. Mr. Bosta asked where the Water District was in all of this.
Mrs. Rucker
clarified this was for the property tax rates, not the additional per parcel fees which would include landfill, water, etc.
Mr. Bosta
stated the Water District had a tax, not a fee, and they were not providing service to any property. He asked the Board to address the issue.
40. For Possible Action Discussion and deliberation regarding advertising and
Commissioner Jabbour
asked if Esmeralda would contribute to the position. Judge Wanker said she had talked to them. She thought she would use some of the personnel from Tonopah a few times a week as well as clerking the court when the judges were there. She did not know what Esmeralda might have budgeted because they had not provided it to her.
Commissioner Blundo
asked Savannah Rucker to communicate with Esmeralda and see if she could get their budget information. Sam Merlino advised the Board that she and the Judge had spoken regarding charging Esmeralda for any of her staff time as her staff would not go there and do their work without charging. She also did not know anything about the budget. COUNTY MANAGER
41. For Possible Action Discussion and Deliberation regarding whether to
Commissioner Carbone
made a motion to continue the use of the phone system; seconded by Commissioner Jabbour.
Commissioner Strickland
felt it was very hard to manage and she saw no reason to continue using it.
Commissioner Carbone
said the cost involved was minimal compared to what it would be if the County had a system just for someone to call in. He asked Samantha Tackett if this was a better deal than doing something else. July 20, 2021 41. For Possible Action Discussion and Deliberation regarding whether to continue the use of the teleconference system for Board of County Commissioner meetings-Cont’d.
Mrs. Tackett
said if the current teleconference system was discontinued the Commissioners could still call in. The cost per minute was about the same, four cents, but the $300.00 a month base rate would no longer have to be paid. To keep the system through December, 2021, would cost $5,000.00 to $6,000.00.
Commissioner Cox
noted there were other departments calling in and asked if they would be able to call in like the Commissioners if this system was shut down.
Mrs. Tackett
said yes, although historically that was avoided because of the additional costs.
Commissioner Cox
did not agree with paying $300.00 a month for two people to call in plus the four cents per minute per caller.
Commissioner Jabbour
said when this came up a couple months ago he was very adamant. This was definitely the cost of doing business with the County. He felt manning the system could be assigned to someone else and Mrs. Tackett should be in chambers so she could assist the County Manager and the Assistant County Manager. Also, for whatever reason there were residents of the County who could not show up physically. Commissioner Jabbour said he would yield to the people and what they wanted.
Commissioner Cox
wondered if the system could be paid for through one of the COVID grants since it came about due to COVID. Savannah Rucker said that could be looked at under the ARP funding.
Commissioner Blundo
thought the Board was enabling staff to call in when they should be present. He mentioned not being able to hear staff when they were on the phone and he thought the system should be discontinued.
Commissioner Carbone
said this was being done for the people who could not make it to chambers and he did not want to be the person to cut it off.
Commissioner Strickland
stated this was a meeting and a place for people to come and be recognized so they could be effective. Being on the phone was not effective, but she would go in whatever direction the Commission wanted to go. Tim Bohannon said he was a high user of teleconferences and the ability to call in was very important. It could be strategically done and he felt it was a vital tool. July 20, 2021 41. For Possible Action Discussion and Deliberation regarding whether to continue the use of the teleconference system for Board of County Commissioner meetings-Cont’d. Assessor Sheree Stringer agreed with Mr. Bohannon as well as Commissioners Jabbour and Carbone. She could not always come down to chambers and sit all day long. If the system was shut down she would be forced to leave her office where she could be doing other work and still listen. Mrs. Stringer felt getting rid of the system would be a disadvantage to any elected official, employee and taxpayer. John Bosta said he came to the meetings because he thought it was important, but not everyone in his community could do that. He noted the Board was meeting for the public and whatever the expense was should be incurred to reach everyone in the County. He then suggested the Commissioners have meetings in the communities they were serving. Robert Adams agreed with the comments made before him that it was an expense but worth it since it was a big County. He asked the Board to keep the system.
Commissioner Cox
felt it was very convenient for people who could not go out.
Commissioner Strickland
directed staff to see if the America Rescue Plan could also be used to pay staff who had to stay because of the number of people on the phone.
42. For Possible Action Discussion and deliberation to adopt, amend, and
Commissioner Blundo
made a motion to adopt Nye County Resolution No. 2021-20; seconded by Commissioner Carbone.
Commissioner Strickland
said during the NACO conference a presenter from BLM came up and said if there were any concerns everything had to go through BLM.
Commissioner Strickland
asked that presenter at what point did the County say enough was enough and she made them very aware that NASA did not need this land. She felt they should use one of the facilities they already owned. Natural Resources Director Lorinda Wichman explained if it was less than 5,000 acres then the BLM did make that decision, but 23,000 acres would go directly to Congress.
Commissioner Jabbour
said this was a very serious issue and the residents were very concerned. He asked all County residents to research the issue as it was very serious July 20, 2021 42. For Possible Action Discussion and deliberation to adopt, amend, and adopt, or reject Nye County Resolution No. 2021 -20-Cont’d. and important for the County. He said in his research he understood that both BLM and NASA were under the purview of the Department of the Interior.
Commissioner Wichman
believed NASA was under a different department.
Commissioner Jabbour
said while BLM was stating they were just the messenger, they were not the messenger. BLM was a sister agency to NASA and they were playing games with the County, which he did not appreciate. Everything needed to be done to protect the County and the residents of Railroad Valley. Commissioner Jabbour said he would continue to carry the torch to fight this. Helene Williams asked that her written statement be included in the minutes [see Attachment 2]. She said the government taking more land from Nye County would put a strong burden on the taxpayers. NASA should be looking toward Area 51 or any of the other 98% of the land they already own in the County. She was in Railroad Valley when a presentation was made on the lithium extraction project, which would give the County much more than 41 cents per acre. The Nye County Water District supported the project because of the benefits to the community. Ms. Williams also did not think this was about taking the land. It was point specific land with lithium that NASA had a direct use for. She asked that a copy of the Board’s letters be sent to all Nye County representatives, especially those in Washington, D.C., requesting their support to stop the steal.
43. For Possible Action Discussion and deliberation to send the letter to
Commissioner Carbone
made a motion to submit the letter; seconded by Commissioner Jabbour. Lorinda Wichman said while the letter in the back-up was addressed to John Raby, the State Director of BLM, the same letter would be sent to NASA. Tim Bohannon agreed with Helene Williams’ prior comments and stopping the steal. He asked what kind of feedback they had given previously. John Bosta believed the federal government gave the State of Nevada all land below the 37th parallel. The congressional record did not mention anything about them withholding any land, yet BLM issued all kinds of property in Nye and Clark Counties that was below the 37th parallel. He noted that parallel was seven miles north of Beatty. July 20, 2021 43. For Possible Action Discussion and deliberation to send the letter to National Aeronautics and Space Administration (NASA) regarding the segregation of public lands in Railroad Valley-Cont’d. Helene Williams asked that her comments from the prior item be included in this item as well [see Attachment 2].
44. For Possible Action Discussion and deliberation to: 1) Approve, amend and
Commissioner Blundo
thought it would be nice if the State compensated the County for leasing buildings.
Commissioner Blundo
made a motion to approve and execute; seconded by
Commissioner Blundo
thought moving forward there should be a fair market rate for the State. Purchasing and Contracts Administrator Honey Strozzi believed that could be discussed in the future.
46. For Possible Action Discussion and deliberation to adopt, amend and adopt,
Commissioner Carbone
made a motion to adopt Nye County Resolution No. 202 1-27; seconded by Commissioner Blundo; 5 yeas.
47. For Possible Action Discussion and deliberation to adopt, amend and adopt,
Commissioner Blundo
made a motion to adopt Nye County Resolution No. 2021-28; seconded by Commissioner Carbone; 5 yeas.
48. For Possible Action Discussion and deliberation to adopt, amend and adopt,
Commissioner Blundo
made a motion to adopt; seconded by Commissioner Carbone.
Commissioner Blundo
explained this was to augment the District Attorney’s budget for the grand jury.
50. For Possible Action Discussion, deliberation, and direction to staff
Commissioner Strickland
noticed the parcel number was wrong on the item. Maria Ziotek recommended bringing the item back with the correction. July 20, 2021 50. For Possible Action Discussion, deliberation, and direction to staff regarding the abatement status of Code Compliance Case Number CC-20-000108 for the subject property, located at 5908 E. Badlands, Pahrump. Assessor’s Parcel Number 046-11-13. Property Owner— Moseley, Jorja Faye Shrouder Trust Cont’d.
Commissioner Blundo
was not present.
Commissioner Carbone
made a motion to continue this item to correct the APN number; seconded by Commissioner Jabbour.
Ms. Ziotek
recommended to not continue because that sounded like the Board heard the item as opposed to taking no action and bringing it back on the next agenda.
Commissioner Strickland
said the item died.
51. For Possible Action Discussion and deliberation regarding a request to: 1)
Commissioner Carbone
made a motion to 1) set the time, date and location for the public hearing on Nye County Bill No. 2021-08, a bill proposing to adopt a first amendment to the development agreement between Nye County and Spring Mountain Raceway, and 2) read the bill; seconded by Commissioner Jabbour. Robert Adams said something left out of the initial agreement was to re-route an off- road trail around the former perimeter of the speedway. He did not see that in any of the off-site improvements and he would like to see something in there that would provide for connectivity of the off-road bridge connecting Carpenter Canyon Road and South Wheeler Road.
Commissioner Strickland
said that was a BLM issue as it was on their land and this developer would have no control over that.
Commissioner Carbone
amended his motion to set the public hearing on August 3, 2021, at 10:00 a.m., in Tonopah; Commissioner Jabbour amended his second. Maria Ziotek advised development agreements were usually heard in the location of the development so this should be heard in Pahrump. Tim Sutton said any item could be heard at the County seat. July 20, 2021 51. 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. 2021 -08- Cont’d.
Commissioner Blundo
felt this should be heard in Pahrump.
Commissioner Carbone
withdrew his motion; Commissioner Jabbour withdrew his second.
Commissioner Carbone
made a motion to set a time, date and location for a public hearing on Nye County Bill No. 2021-08, a bill proposing to adopt a first amendment to the development agreement between Nye County and Spring Mountain Raceway, LLC, as August 17, 2021, in Pahrump at 10:00 a.m.; seconded by Commissioner Jabbour; 5 yeas.
Commissioner Carbone
read the title of the bill into the record. 50. For Possible Action Discussion, deliberation, and direction to staff regarding the abatement status of Code Compliance Case Number CC-20-000108 for the subiect property, located at 5908 E. Badlands, Pahrump. Assessor’s Parcel Number 046-11-13. Property Owner— Moseley, Jorla Faye Shrouder Trust- Reopened.
Commissioner Carbone
withdrew his motion to continue this item to correct the APN number; Commissioner Jabbour withdrew his second. The item died for lack of a motion. PUBLIC WORKS
52. For Possible Action Discussion and deliberation to approve a letter of
Commissioner Blundo
made a motion to approve the letter of thanks to NDOT; seconded by Commissioner Jabbour; 5 yeas.
53. For Possible Action Discussion and deliberation to: 1) Determine that an
Commissioner Blundo
said there were two transportation systems in the Pahrump. Three buses were given to them to start those programs and he asked where they were as he did not see them driving around. He said this was a challenge for him right now since they could sell it instead of the money coming into the County coffers. July 20, 2021 53. For Possible Action Discussion and deliberation to: 1) Determine that an excess Nye County 2001 E450 transportation bus, VIN IFDXE45FXI HBI 9743 is no longer required for public use; and 2) Determine it is the best interest to donate the transportation bus to the Pahrump Senior Center lnc.-Cont’d.
Commissioner Strickland
asked if there was an indication that the Pahrump Senior Center wanted this vehicle. Tim Dahi understood the senior center approached Ted Thompson when they saw it on the auction list. Its value at auction would be in the neighborhood of $1 500.00.
Commissioner Blundo
made a motion to determine that 1) the Nye County 2001 E450 transport bus with the VIN in the back-up was no longer required for public use, and 2) determine it was in the best interest of the public to donate the transportation bus for continued public service to the Pahrump Senior Center, Inc.; seconded by
Commissioner Cox
; 5 yeas. PUBLIC PETITIONER
54. For Possible Action Presentation by Stewart Boyd with Oak Leaf CDC
Commissioner Strickland
asked when the last time was the County made use of the bond cap.
Mrs. Tackett
did think the County ever had. For a very long time it had been allocated to other entities yearly. July 20, 2021 54. For Possible Action Presentation by Stewart Boyd with Oak Leaf CDC regarding the Courtyard Apartments Acquisition and Rehabilitation project in Pahrump, and discussion and deliberation to approve a letter of support for the project and the potential use of Nye County’s allocation of the 2021 Private Activity Bond Cap funding through the Nevada Division of Housing-Cont’d. Lorina Dellinger said the Nevada Rural Housing Authority had applied and the cap was transferred to them. They were an entity of the State and NAC required a local government entity like Nye County to transfer to another local government entity.
Mrs. Tackett
said if the Board wanted to support this project it could approve the letter of support and then the Housing Division would have to make application to the County via a resolution which would come back to the Board to transfer the allocation for this project.
Mr. Boyd
clarified the process was not the Housing Division making application. He understood the process for this project was the County would issue a letter of support for the project and at the same time resolve that if the project qualified for funding through the Nevada Housing Division it would make the bond cap available for the project. He could not apply to the Nevada Housing Division until the County sent a letter of support and an indication that the bond cap would be made available to the Nevada Housing Division. Mr. Boyd said that was what he was looking for.
Commissioner Blundo
asked what the financial investment in the community would be.
Mr. Boyd
said the construction, which would be about $2.8 million.
Commissioner Blundo
asked if the Board gave them access to the bond cap what that would mean to the County.
Mrs. Tackett
said there was no impact on the County as it transferred the allocation out every year. The County did not have projects that met the strict standards that the funding could be used for.
Commissioner Blundo
made a motion to approve a letter of support for the project and potentially use Nye County’s allocation of the 2021 private activity bond cap funding through the Nevada Division of Housing; seconded by Commissioner Carbone. John Bosta thought the buildings would have to brought up to current standards. Brett Waggoner said anything that needed to be done to bring the buildings up to code would have to be permitted and inspected. Tim Bohannon pointed out there was nothing from HUD in the numbers and asked if that was also an additional opportunity for financing and funding the project. July 20, 2021 54. For Possible Action Presentation by Stewart Boyd with Oak Leaf CDC regarding the Courtyard Apartments Acquisition and Rehabilitation project in Pahrump, and discussion and deliberation to approve a letter of support for the project and the potential use of Nye County’s allocation of the 2021 Private Activity Bond Cap funding through the Nevada Division of Housinq-Cont’d.
56. Commissioners’/Manaqer’s Comments (This item limited to announcements or
Commissioner Strickland
said in 2020 Senator Wyden from Oregon proposed a $15 billion trust fund to fund existing PILT and SRS. She discussed it with the County Manager and wanted to see action as Nye County’s PILT payments would go to almost $5 million instead of $3.1 million. July 20, 2021 56. Commissioners’IManager’s Comments (This item limited to announcements or topic/issues proposed for future workshopslagendas)-Cont’d.
Commissioner Carbone
advised on Saturday, August 7, 2021, at the Chief Tecopa Cemetery the Purple Heart Day Ceremony would be held between 6:30 p.m. and 7:30 pm.
Commissioner Jabbour
asked staff to remind him and the other Commissioners that the 124 pages of back-up for item 50 could just be inserted into the next agenda binder.
57. ADJOURN
Commissioner Strickland
adjourned the meeting. APPROVED this _d ay ATTEST: 2021 (‘_{-/. Chai NIe Cunty Clerk I Deputy RQ1 Yo MJ I think this should be denied. It seems very obvious since they don’t have a state license and it was requested on 1 2/’2O that they snuck in here thinking they could just build and get away with it. At the time of this request there was a “conditional hemp permit” across the street which automatically made this facility not allowable. I believe when they started building that there was a viable hemp grow next door to them. It is my understanding that testing of their product found it to be cannabis not hemp. It is my understanding they had no building permits, no inspections, no electrical inspections etc., this is in violation of county requirements. They never came to the planning committee or the TB asking for permission to build here and start this business. They say they want to generate economic opportunity while working with the local residents, did local residents help build the ATTACHMENT I ____ buildings, are local residents working or were working at this facility. If they are allowed in then I think they should pay a huge fine to the town of Amargosa. They should be fined for building without permits and fined. For not having inspections done. If they are allowed to stay then they need to make agreements with the town to get a monetary fee for every lb. they sell, make or distill. That said, this is the only area because of water restrictions, available land etc. where hemp could be grown, none of the prior hemp growers (in this area) have applied for hemp growing permits after 3/31/21 and it is my understanding that those growers had poor monetary outcomes and cannabis could bring more money and job opportunity to the town. If they can meet the various requirements, show a monetary advantage to the town then allow them to do so. R ITEM #42 — July 20th, 2021 98% of the land in Nye County is under the Federal government. PILT (Payment in lieu tax) isjkents per acre. Personally, I be delighted to pay 41 cents per acre, I believe every property owner in Nye County would, but we live in the real world and understand that is not the case. not Those of us who do own property are vested in this community, those that do should have no say or complaint about our community. and The federal government under the guides of NASA (National Aeronautics any Space Administration) should be looking more to area 51, the Nuclear Site or of the 98% of the land they already own. Enough is enough. at the end As a member of the Nye County Water Governing Board, I was present lithium / of 2020 in Railroad Valley when a presentation was made on claims for much extraction along with other natural resources that Nye County will receive more than 41 cents per acre in revenue, Our board supported this project because of the benefits to the local community and County revenue. c land with Let us be honest, this is not about NASA wanting land, it is point specifi real use. lithium for their direct use, please call it what it is stop trying to hide the neutral NASA uses lithium batteries, but they also use lithium vapor to study infrared range winds in the upper atmosphere, which enables a wavelength in the the only to be visible in daytime with cameras with infrared filters. Lithium is used at vapor that can be imaged during the day and the only one that can be high altitudes. especially our A copy of your letter should go to all Nye County representatives Washington representatives requesting their support to stop this steal. Stop This Stealing and stop it now! ATTACHMENT 2