January 19, 2022

Commissioner Cox

was present via telephone.

Commissioner Carbone

explained he made some changes to the agenda. He had asked the County Manager to read some of the items so the Commissioners could concentrate more on what was going on during the meeting, which was similar to what other locations did.

Commissioner Blundo

quoted Rand Paul, who said “We should never forget the Constitution was not written to restrain the citizens’ behavior, but to restrain the government’s behavior.”

Commissioner Strickland

said she was looking forward to seeing Commissioner Carbone’s changes.

Commissioner Carbone

explained horses were not being ran down and killed. If they were rounding them up it was to be done in a civil and proper manner to not hurt the animals.

Commissioner Cox

stated the justification for killing 11 horses was those horses all had problems to start with. She thought that was not justification for running the horses but rather justification for not running them.

Commissioner Strickland

made a motion to accept; seconded by Commissioner Blundo; 5 yeas

Commissioner Strickland

asked why the Board was not hearing from Dan McArthur. Savannah Rucker explained they ran into an issue with the audit, which resulted in a time delay. The items would be on the first meeting in February. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS

Commissioner Carbone

opened the show cause hearing. Planning Director Brett Waggoner explained this item had nothing to do with any disciplinary action. It was brought forth more as a technicality after consulting with the District Attorney’s Office on the best manner to proceed.

Commissioner Blundo

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

Commissioner Jabbour

; 5 yeas.

Mr. Waggoner

advised this facility was before the Board and the SUP was transferred from this property to property in Amargosa. The applicant had since applied to the County for licenses for that location. They had transferred their State licenses to Amargosa also. This item was due to a contradiction in the Code. One section said without an SUP the license automatically become void and another said basically an action to remove the license or revoke the license required a show cause hearing. Bradley Richardson asked if proof of notice was part of the back-up.

Mr. Waggoner

said notice was sent to the address on file and was in the back-up.

Commissioner Carbone

pointed out Nye County Code 5.32.097.A.1. required testimony to be taken only upon oath administered by the Clerk.

Mr. Richardson

asked Mr. Waggoner to return to the dais to be sworn in and restate what he already provided so it was under oath. Sam Merlino administered the oath to Mr. Waggoner.

Mr. Waggoner

reiterated this was being brought forward as a technicality due to the contradiction in the Code he stated earlier. It had nothing to do with any kind of disciplinary action or anything the applicant did wrong. The District Attorney’s Office determined a show cause was the best way to proceed.

Commissioner Blundo

asked if there would be any adverse negative impacts to the applicant due to a revocation at this time. January 19, 2022 10. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to determine if there is sufficient cause to revoke: 1) Adult-Use Cannabis License (Cultivation) RM-201 9-000055; 2) Adult-Use Cannabis License (Production) RM-2019-000056; 3) Medical Cannabis License (Cultivation) MM- 2019-000083; and 4) Medical Cannabis License (Production) MM-2019-000084; located at 3171 E. Tiliman Street, Pahrump, NV. Assessor’s Parcel Number 045- 441-15. Daniel Seid and S. Settlemyer Trust— Property Owner. MJ Distributing, Inc. I John C. Goss, President Licensee-Cont’d.

Mr. Waggoner

said he did not see any. It would have no bearing on their license as this was not anything disciplinary or for misconduct. Mark Zobrist, owner of the licensee, agreed with everything Mr. Waggoner said. This was a technicality that needed to be cleaned up that should have been done a long time ago based on the statutes.

Commissioner Carbone

closed the show cause hearing. Tim Bohannon advised the regional planning was going through an analysis of the zoning structure today and this could come up again with zoning changes. From an administrative standpoint he suggested making sure that was buttoned up during the regional planning re-zoning.

Commissioner Blundo

made a motion to revoke cannabis licenses RM-2019-000055, RM2019-0000056, MM-2019-000083, and MM-2019-000084 due to the technicality and with the understanding there was no negative impact to the applicant as it was a technicality within the Code and this was just clean-up; seconded by Commissioner Jabbour.

Mr. Richardson

asked that the location of the facility be included in the motion.

Commissioner Blundo

amended his motion to revoke cannabis licenses RM-2019- 000055, RM2019-0000056, MM-2019-000083, and MM-2019-000084 located at facilities at 3171 E. Tiliman Street, Pahrump, Nevada, due to the technicality and with the understanding there was no negative impact to the applicant as it was a technicality within the Code and this was just clean-up; Commissioner Jabbour amended his second; 5 yeas.

Commissioner Carbone

opened the show cause hearing. January 19, 2022 II. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to determine if there is sufficient cause to revoke: 1) Adult-Use Cannabis License (Cultivation) RM-2021 -0001 00; and 2) Medical Cannabis License (Cultivation) MM-2021-000111; located at 5400 N. Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-311-1 3. Diversified Development Group Property — Owner. Rick Saga I Nye Farm Tech, LTD Applicant-Cont’d. Sam Merlino administered the oath to Brett Waggoner.

Commissioner Blundo

made a motion to accept documents; seconded by

Commissioner Strickland

; 5 yeas.

Mr. Waggoner

explained all facilities were required to report on sales monthly, even it was zero, and this applicant had been habitually late since the inception of their license in 2017. They brought all their paperwork current in the last couple of weeks, but he felt it was necessary to bring this to the Board to make the Board aware it was habitual with this applicant. Mr. Waggoner said the notice in the back-up was sent to the address on file for the applicant. Bradley Richardson asked what constituted habitually late.

Mr. Waggoner

stated per Code when they were 30 days late, and if they owed the County money there would be late fees assessed. When it reached 90 days it triggered a show cause hearing. This applicant was generally 60-90 days late all the time since they received their license in 2017.

Commissioner Blundo

asked what the penalty structure was.

Mr. Waggoner

said it was a percentage. Sam Merlino administered the oath Rick Saga, the license holder, Tashia Hairston, and Robert Tanko, manager/investor.

Mr. Saga

admitted they had been late and had not submitted the reports, but he wanted the Commissioners to know it had been the second time, not a habitual situation. From 2014-20 17 they were in bankruptcy court. Since then they had paid all fees and application fees on time. In 2019 COVID hit at the end of the year and they lost 700 pounds because the State ordered them to destroy the crop since the person who was working on it had COVID. Since 2019 there was a complicated case with the CBSC due to a technicality on the filings and they were fined. Mr. Saga said they brought in

Mr. Tanko

to manage it, who would be on site watching the operation, and to avoid the compliance problem they hired Ms. Hairston full-time to handle the paperwork. Mr. Saga apologized to the Commissioners for the mistakes and mentioned the planned 13,000-foot expansion that would bring money and jobs to the County. January 19, 2022 11. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to determine if there is sufficient cause to revoke: 1) Adult-Use Cannabis License (Cultivation) RM-2021 -000100; and 2) Medical Cannabis License (Cultivation) MM-2021-000111; located at 5400 N. Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-311-13. Diversified Development Group Property — Owner. Rick Saga I Nye Farm Tech, LTD Applicant-Cont’d.

Ms. Hairston

stated all of the filings with the Cannabis Compliance Board were submitted before the end of the year. All sales and use tax reports were also current and up to date.

Mr. Tanko

said he was the new manager watching over things and bringing an investment to the proposal that would come to the Board. He looked forward to the expansion and had people ready to go.

Commissioner Jabbour

said the facility was in his district and he had not seen any activity whatsoever on that property for years. He asked if the expansion would be on the subject premises, to which Mr. Saga responded yes.

Commissioner Jabbour

stated the applicant was required to file on a timely basis even if the answer was zero or no. While he understood the why, he said seven years of excuses showed it was habitual, not incidental.

Commissioner Carbone

closed the show cause hearing.

Mr. Saga

mentioned he had a plan that he would like to submit to the Commissioners.

Commissioner Strickland

made a motion to accept additional back-up material to be copied; seconded by Commissioner Jabbour; 5 yeas. The Board took a brief recess to review the additional back-up.

Commissioner Strickland

asked Mr. Saga to explain his plan in more detail.

Mr. Saga

said the greenhouses, designed by an engineer firm, were approved by the State, but still required Planning and Board approval. The structures would be assembled on the property without concrete. They were completely insulated and energy efficient. They had a guaranteed performance of 80 pounds per pod and they could put 20 pods on the property. They had put a down payment of $500,000.00.

Commissioner Blundo

asked Mr. Saga how soon he believed the expansion would be moving forward.

Mr. Saga

said they planned on the first week in February. January 19, 2022 11. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and deliberation to determine if there is sufficient cause to revoke: 1) Adult-Use Cannabis License (Cultivation) RM-2021-000100; and 2) Medical Cannabis License (Cultivation) MM-2021-000111; located at 5400 N. Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-311-13. Diversified Development Group Property — Owner. Rick Saga I Nye Farm Tech, LTD Applicant-Cont’d. Richard Goldstein wanted to know how many crops had been grown in seven years as no money made no sense to him.

Ms. Hairston

said after taking over it took her a litUe while to dig in since the last employee took all the information. They had been working with Planning, and moving forward all of their information would be submitted on time so everything was received properly.

Commissioner Blundo

made a motion to find insufficient cause to revoke the following licenses: 1) adult-use cannabis license (cultivation) RM-2021-000100; and 2) medical cannabis license (cultivation) MM-2021-0001 11 based upon the findings and conclusions that the last time there was an issue they addressed the situation and it was being addressed today in a public meeting under show cause, given the testimony by Ms. Hairston and the transition to a new individual, given the COVID situation, and all parameters stated by the applicant; seconded by Commissioner Jabbour.

Commissioner Blundo

recommended the applicant start growing and get the business in order and not be late.

Commissioner Carbone

asked if this SUP would be extended to 2023.

Mr. Waggoner

explained the staff recommendation was based off of an application for just six months, but it was the pleasure of the Board as to the expiration date.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Blundo

made a motion to approve the extension of time for an SUP to allow the marijuana establishment at 2370 S. Homestead until February 5, 2023; seconded by Commissioner Strickland; 5 yeas.

Commissioner Blundo

disclosed in an abundance of caution that he was a business owner in Nye County and participated in the Nye County COVID programs. Given that this was a presentation with no action to be taken he felt it was appropriate for him to participate and listen to the presentation. Molly Walt from Nevada Rural Counties RSVP Program provided an update on their activities.

Commissioner Blundo

was not present. Nancy Gum from Tails of Nye County provided an update on their activities. January 19, 2022

Commissioner Blundo

was present. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Blundo

made a motion to approve items 16-19; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

made a motion to approve items 16-19; seconded by

Commissioner Strickland

; 5 yeas. January 19, 2022

Commissioner Blundo

made a motion to approve items 16-19; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

made a motion to approve items 16-19; seconded by

Commissioner Strickland

; 5 yeas. BOARD OF COMMISSIONERS

Dr. Simmon

Wilcox, Robert Oakley, and Dr. Creig Christensen were present.

Mr. Wilcox

explained they were seeking the opportunity to lease 300 acres of BLM land to create the best drug and alcohol rehab facility in the United States. They identified two leading practitioners in drug and alcohol in the country who were willing to move to Pahrump. Ultimately they would build a 40-unit facility to house adults and children aged 14-18 for one year. They would provide vocational rehab and education for students with them for nine months. Dr. Christensen also wanted to donate land back to the County to build a 70-acre park for the community.

Dr. Christensen

said this had been a long-time dream of his, and then COVID hit which turned the drug and alcohol system on its heels. He thought a situation would be seen with drug addiction in the future like had not been seen before and he wanted to build a vocational rehab for those kids. The kids in Pahrump had nothing since shop, home economics, etc., had been taken out of the schools. He felt this would create 250 jobs or more in the community and it was a give back to the kids.

Commissioner Jabbour

mentioned the project required a lot of water and asked them to take a look at their plan with that in mind.

Dr. Christensen

said the engineers involved were addressing that issue.

Mr. Oakley

added there was enough runoff water that they could recycle.

Commissioner Strickland

did not think they would find support for a lake as that kind of luxury could not be afforded in the desert.

Dr. Wilcox

said there would be no problem with removing the lake from the conceptual drawing as the ultimate goal was to build a facility for kids.

Commissioner Strickland

expressed her concerns about sewer and water as there was nothing in existence in that area. She asked if the 40 units housed more than one child.

Dr. Wilcox

explained they were two bedroom units which housed four children each. January 19, 2022 26. For Possible Action Discussion, deliberation, and possible direction to staff to send a letter to the Bureau of Land Management (BLM) in support of a competitive sale of approximately 320 acres of public land to Fast Forward, LLC Cont’d.

Commissioner Jabbour

made a motion to direct staff to send a letter to the BLM in support of a competitive sale of approximately 320 acres of public land to Fast Forward, LLC; seconded by Commissioner Blundo.

Commissioner Jabbour

pointed out his motion read competitive sale, but in the presentation they mentioned lease.

Dr. Wilcox

explained to expedite the project the funding source indicated they were willing to fund the project as long as they could lease the land and on the backside they would look at acquiring the land in a sale. Diane Southworth said Nye Communities Coalition had a program and asked them to get in touch with Albert Bass. As to reclaimed water, Tim Bohannon advised potential grants were being worked on with UNR, which could play into this project.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland; 4 yeas.

Commissioner Blundo

made a motion to 1) determine Nye County Sheriff’s Office K-9 Maya was no longer required for public use; 2) determine it was in the best interest to surplus due to the temperament changes; 3) determine it was in the best interest to retire and transfer ownership to Deputy Jonathan Justice of K-9 Maya pursuant to NRS 332.185; 4) delegate authority to the Sheriff to execute the agreement; and 5) authorize the expenditure of capital to replace K-9 Maya in the amount of $12,000.00 to purchase the K-9 and $4,000.00 for assorted equipment and handling; seconded by

Commissioner Jabbour

; 4 yeas. January 19, 2022 COUNTY MANAGER

Commissioner Blundo

noted Ms. Meredith was also a member of the Planning Commission and asked if she would have time to do both.

Ms. Meredith

advised she did not work so her days were pretty open. Joe McGill, a reserve deputy with the Nye County Sheriff’s Office, noted one of the applicants for this board was William Cams. He advised on June 1, 2015, he conducted a traffic stop on a vehicle owned and driven by Mr. Cams because it had fictitious license plates. At the time of the stop Mr. Cams implied he was a police officer or a retired policy officer with the Las Vegas Metropolitan Police Department in an obvious attempt to get out of the situation. Mr. McGill was aware this had happened on two previous occasions. Research revealed Mr. Cams had been a police officer for 15 months and resigned in lieu of termination. Based on the facts and circumstances of the stop Mr. McGill arrested Mr. Cams for the charges of unregistered vehicle, displaying fictitious license plates, and impersonating a police officer. Since Mr. Cams had a close relationship with District Attorney Angela Bello, she sent an e-mail to the Sheriff that he could not be arrested for these charges and he was released before Mr. McGill could complete his report. Based on Mr. Cams’ obvious disrespect for the laws of Nye County, the State of Nevada, and the Nye County Sheriff’s Office, it was Mr. McGill’s opinion he should not be appointed to the Peace Officers’ Review Board and not be in the position to give disciplinary recommendations against law enforcement officers. Mr. McGill asked that Mr. Cams’ application be denied.

Commissioner Strickland

asked if there was an interview process performed by County employees, to which Commissioner Carbone responded yes.

Commissioner Strickland

said so there would not be individuals on the list who did not hit the merit, to which Commissioner Carbone responded correct. Tim Sutton advised they were not apprised of this information until after the interviews were conducted. January 19, 2022 30. For Possible Action Discussion and deliberation to 1) Appoint ten members to the Nye County Peace Officer Advisory Review Board due to eight expiring terms and two vacancies from the following list of applicants: Ralph Bazan, Andrew Borasky, William Cams, Randy Gulley, Roy Holt, Thomas Mazzola, Gina Meredith, Kent Mosdale, James Pinner, Dma Williamson-Erdag, Ben Zamora; or 2) Readvertise for the appointment-Cont’d. John Shewalter stated his support of Mr. Cams for appointment. Mark Kampf stated his support of Mr. Cams.

Commissioner Carbone

explained this was not a review for officers’ promotions and he believed Mr. Cams was exonerated of all charges.

Commissioner Blundo

made a motion to appoint Ralph Bazan as an alternate to the term expiring January, 2026; appoint Andrew Borasky, William Cams, Randy Gully, Roy Holt, Thomas Mazzola, Kent Mosdale, and James Pinner with terms expiring January, 2026; and appoint Dma Williamson-Erdag and Ben Zamora with terms expiring January, 2024; seconded by Commissioner Jabbour; 4 yeas. FACILITIES

Commissioner Strickland

disclosed she was a licensed general contractor, but she had no pecuniary interest in this item. Purchasing and Contracts Administrator Honey Strozzi stated the solicitation for the service was placed in the Pahrump Valley Times and on the Nye County Web site on November 24, 2021. Two bids were received which were well above the remaining budget of $800,000.00.

Commissioner Carbone

asked if anyone had any issues with the bids.

Mrs. Strozzi

advised she received a complaint from Mr. Morales with concerns about the bid opening.

Commissioner Carbone

asked if there was any reason for not going forward with this bid package. January 19, 2022 32. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2021-11 One Stop Shop; 2) Award Bid No. 2021-11 to Double M Construction. Inc. in the amount of $2,123,374.85, or Top Rank Builders, Inc., in the amount of $2,386,082.00; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund from 10451 Bonds; or 5) Reject bids and provide direction to staff on how to proceed with the project-Cont’d.

Mrs. Strozzi

said not that she was aware of with the exception of the funding. As to the complaint about the bid opening, it was she did not read into the record during the bid opening that a bond was in both packages, which was something that was generally reserved until after the bid opening. She reviewed them and if there was anything left out an e-mail was sent to those responders, which was normal procedure. Mrs. Strozzi pointed out Mr. Morales and his team had sat in on other bid openings she had conducted so she was not sure why there was an issue now. Also, Mr. Morales had another complaint concerning not receiving all of the back-up information regarding the plans and Buildings and Grounds Director William Allen would have to speak further on that issue.

Commissioner Blundo

said there was a series of e-mails back and forth regarding this issue. There was an exchange highlighted between the building inspector and Mr. Morales talking about framing, permits and things of that nature. He asked Mr. Allen to briefly speak to it.

Mr. Allen

explained they created a plan to do a part of the building process they were legally allowed to do. As an owner/builder he submitted the plans for the framing to the Planning Department because during that time that was all they could do.

Commissioner Blundo

asked if Mr. Allen abdicated the authority as an owner/builder when a contractor was hired and then they abandoned the job.

Mr. Allen

said the County was always the permit holder. The contractor was hired as the labor force. They did the framing, and the inspections for the framing were on him. There were two outstanding items for screws related to the siding, which was not something that Double M contracted, and screws in the windows. The permit and the contractor were two separate things. The County owned the permit for the job and the contractor was hired to do the interior framing. The interior framing portion of the job Double M was hired for was completed.

Commissioner Blundo

said part of the complaint was that not all documents were presented and opened at the same time.

Mr. Allen

stated this bid opening was conducted no differently than the other five he was part of and he did not understand why it was questioned.

Mrs. Strozzi

said she always posted everything she received on the Web site so all vendors had that information available at one time. There were no exclusions. January 19, 2022 32. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2021-11 One Stop Shop; 2) Award Bid No. 2021-11 to Double M Construction. Inc. in the amount of $2,123,374.85, or Top Rank Builders, Inc., in the amount of $2,386,082.00; 3) Approve, amend and approve or reiect the contract with selected bidder; 4) Fund from 10451 Bonds; or 5) Reiect bids and provide direction to staff on how to proceed with the proiect-Cont’d.

Commissioner Jabbour

asked if these two bidders were involved with the previous bids and the bid process.

Mr. Allen

said Double M was not part of any of the ones he had been a part of, but Rene Morales and Top Rank had been involved in several that had all been conducted the same way.

Commissioner Blundo

asked if there was an issue that the Double M paperwork referenced Classic Homes.

Mr. Allen

thought it was the same company. Brett Waggoner believed Double M Construction was what he held his framing license under and Classic Homes was his general contractor’s license.

Commissioner Strickland

noted the certificate of liability insurance showed it was Double M Construction dba Classic Homes.

Commissioner Blundo

asked why was it allowed to move forward without a full set of plans.

Mr. Allen

explained they were only doing jobs that they were legally allowed to do. Technically he could not do any mechanical, electrical or plumbing, so they submitted the set of plans for the work they were allowed to do.

Commissioner Strickland

added that tenant improvements were taken at different stages and could be done as the need arose.

Commissioner Blundo

said this building was still listed by the Assessor’s Office as a modular and he wondered if a modular license would be required to work on it.

Mr. Allen

responded no. He had consulted a couple of different manufactured contractors at the State Manufactured Housing Division, who stated the building had been modified and no longer fell under their jurisdiction and was under the jurisdiction of the local authority. Savannah Rucker advised $875,000.00 was available for the project in 10451, Bonds Proceeds Fund, which was obviously short of the bids. If the Board chose to move forward with either bid the balance would needed to be funded from somewhere. The January 19, 2022 32. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2021 -11 One Stop Shop; 2) Award Bid No. 2021 -11 to Double M Construction. Inc. in the amount of $2,123,374.85, or Top Rank Builders, Inc., in the amount of $2,386,082.00; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund from 10451 Bonds; or 5) Reject bids and provide direction to staff on how to proceed with the project-Cont’d. Bonds Proceeds Fund could be subsidized by the ending fund balance or an augment from the County’s general fund. There would also be an ending fund balance remaining that the Board could use and she would have to bring an agenda item back for that.

Commissioner Carbone

asked if there was something in the bids that would make one better than the other.

Mr. Allen

William said no. He believed both contractors had decent bids and left it up to the Board to decide, but he would go with the lower.

Commissioner Strickland

made a motion to award Bid No. 2021-11 to Double M Construction and fund from 10451 Bonds; seconded by Commissioner Jabbour; 3 yeas.

Commissioner Blundo

voted nay. COUNTY MANAGER 31. For Possible Action Public Hearing on the fair market value of one (1) 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 $1,693,000. The appraisals of the subiect properties were conducted by Fidelity Appraisals.

Commissioner Strickland

stated her opinion that this appraisal should have been based on replacement cost. She disclosed she was a real estate broker, but had no pecuniary interest here. She said if the cost approach was taken this would have been higher. After item 32, she could not in all consciousness go forward with this fair market value as listed nor sell the property. If the fair market was not brought up to $4 million, that building would cost $3.3 million to build again. Lorina Dellinger explained that was not included due to the lack of comparables in the subject’s area as noted on page 12 of the report. She also reminded the Board this was a public hearing for the fair market value per NRS. The resolution coming forward in February if the direction was given would be the intent to sell and the Board could set the sales price in that resolution.

Commissioner Strickland

asked if the Board was allowed to put any number on it to see if replacement cost could be received. January 19, 2022 31. For Possible Action Public Hearing on the fair market value of one (1) 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 $t693,000. The appraisals of the subject properties were conducted by Fidelity Appraisals.

Mrs. Dellinger

said yes, as long as it was higher than $1 .693 million. This was just giving notice to the public of what the fair market value was.

Commissioner Carbone

asked what the cost would be to remodel that area for people to be moved in. William Allen said the remodel prices were ranging from $90.00 to $130.00 a square foot depending on what was done. There would be more plumbing and electrical in this building so he would put the number closer to $1 30.00 a square foot.

Mrs. Dellinger

advised POOL/PACT set replacement cost as $2,725,250.00.

Commissioner Blundo

wondered if a second appraisal was needed.

Commissioner Strickland

did not think so as the Board would not be happy with any appraisal now as commercial was in the toilet.

Commissioner Strickland

made a motion that the fair market value at this particular time was $1,693 million; seconded by Commissioner Blundo; 4 yeas. FINANCE

Commissioner Blundo

made a motion to accept the fee schedule, approve the contract, execute the contract, and fund from 10340 Grants using the grant award from the U.S. Department of Homeland Security; seconded by Commissioner Strickland; 4 yeas. PUBLIC WORKS

Commissioner Jabbour

asked how much the grants were for each of the airports.

Mr. DahI

said it was $22,000.00 for each, which were referred to as general aviation airports since they were not the same as those that had passengers inside the building on a daily basis. They were generally used by UPS delivery planes, medivacs, and pleasure flyers to avoid the cost of fueling up at the major airports. People normally stopped to get fuel, a candy bar, and use the restroom.

Commissioner Carbone

commented that once things in place started changing it became easier to make changes again and again. January 19, 2022 35. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the State of Nevada’s COVID Mask Policy for Nye County Airports located in Beatty, Tonopah, and Gabbs for the purpose of meeting the requirements mandated by the Federal Aviation Administration (FFA) to be in place until Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective. This policy will supersede Nye County’s Face Mask policy adopted by the Board on April 6, 2021, and June 15, 2021, for the Nye County airports only-Cont’d.

Commissioner Blundo

asked who would pay for the enforcement.

Mr. Dahi

said he was not sure who would enforce it. There would be a notice on the front door and an official acceptance of a policy in line with the FAA.

Commissioner Jabbour

made a motion to adopt the State of Nevada COVID Mask Policy for Nye County airports located in Beatty, Tonopah and Gabbs for the purpose of meeting the requirements mandated by the FAA to be in place until Executive Order 13998, Promoting COVID Safety in Domestic and International Travel, was no longer in effect. This policy would supersede Nye County’s face mask policy adopted by the Board on April 6,2021 and June 15, 2021, for the Nye County airports only; seconded by Commissioner Strickland.

Commissioner Strickland

asked that this item be brought back on February 1, 2022. Tim Sutton advised the deadline for the grants was January 20 and January 21, 2022. He further advised these airports were used for emergency flights as well and while this current grant was minimal, there was a lot of money slated in the future to make sure the airports were properly maintained. Maria Zlotek advised the item must be reopened to continue discussion as the vote was already taken. 35. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the State of Nevada’s COVID Mask Policy for Nye County Airports located in Beatty, Tonopah, and Gabbs for the purpose of meeting the requirements mandated by the Federal Aviation Administration (FFA) to be in place until Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective. This policy will supersede Nye County’s Face Mask policy adopted by the Board on April 6, 2021, and June 15, 2021, for the Nye County airports only-Reopened.

Commissioner Strickland

referred to page 6 of the back-up, which had a bulleted item that said in areas with substantial and high transmission, CDC recommends that January 19, 2022 35. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the State of Nevada’s COVID Mask Policy for Nye County Airports located in Beatty, Tonopah, and Gabbs for the purpose of meeting the requirements mandated by the Federal Aviation Administration (FFA) to be in place until Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective. This policy will supersede Nye County’s Face Mask policy adopted by the Board on April 6, 2021, and June 15, 2021, for the Nye County airports only-Reopened-Cont’d. everyone (including fully vaccinated individuals) wear a mask in public indoor settings to help prevent the spread of Delta and protect others. She believed the only facility with indoors was Tonopah and the CDC did not recommend wearing masks outside. She asked if the Board would entertain a motion to adopt only at the Tonopah airport. Tim DahI explained they were currently working and spent a significant amount of funding to make the pilot’s lounge at the Beatty airport habitable.

Commissioner Strickland

pointed out the indoor facilities could be closed and a mask mandate would not be needed.

Commissioner Carbone

felt that could be done at Beatty, but Tonopah had other people coming in and out of it.

Commissioner Strickland

said if the Board felt the best thing for the citizens was to not have a mask mandate, then they could uphold that by not having indoor facilities.

Mr. Dahl

pointed out it did not specify indoors. It said have a policy in place, which he would like to clarify with the FAA. He also wanted the Board to reconsider this.

Commissioner Blundo

asked what the specific language was that was being included in the documents.

Mr. DahI

said the language was in the back-up for the next item. Sam Tackett said it was page 35 of the back-up.

Commissioner Strickland

said it read, “Face Covering Policy. The sponsor agrees to implement a face covering (mask) policy to combat the spread of pathogens. This policy must include a requirement that all persons wear a mask in accordance with the CDC and Transportation Security Administration requirements as applicable at all times while in all public areas of the airport, except to the extent exempted under those requirements. This special condition requires the airport sponsor continue to require masks until the executive order was no longer in effect.”

Commissioner Blundo

said that read differently than adopting the Nevada COVID mask policy. January 19, 2022 35. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the State of Nevada’s COVID Mask Policy for Nyc County Airports located in Beatty, Tonopah, and Gabbs for the purpose of meeting the requirements mandated by the Federal Aviation Administration (FFA) to be in place until Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective. This policy will supersede Nye County’s Face Mask policy adopted by the Board on April 6, 2021, and June 15, 2021, for the Nye County airports only-Reopened-Cont’d.

Mr. Dahi

explained one of the District Attorney’s created the agenda item and that was how it was worded. It said CDC and TSA, but the District Attorney opined it was simpler to adopt the State’s COVID guidelines as it was the same thing. Michelle Nelson explained they worked with this item and also passed the language by the parties that were involved with the FAA. Adopting the Nevada COVID mask policy was in accordance with both the CDC and FAA requirements.

Commissioner Carbone

did not see where it specifically said Nevada as it was an FAA government document for the grant.

Mr. Dahi

said he spoke with one of the western region representatives at the FAA office who stated this was sufficient to meet their requirements for all the grants that had this language.

Commissioner Strickland

stated other grants were going to come in with this language and the County would not get the money. Assistant Public Works Director Tom Boiling advised by the beginning of May all grants for FY23 needed to be put in, which currently totaled $2.8 million. If the policy was not in effect the County would not be considered for the grants.

Commissioner Biundo

said he did not want to include the Nevada COVID mask policy.

Mr. DahI

suggested amending it to adopt the language specific to what it said in the grant application. Sam Merlino was not present.

Commissioner Strickland

made a motion to amend the Nye County COVID mask policy for the Beatty, Gabbs, and Tonopah airports only to include a requirement that all persons wear a mask in accordance with CDC and TSA requirements.

Commissioner Strickland

explained that was right out of the grant on page 35 with the change to Nye County and the certain airports. January 19, 2022 35. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the State of Nevada’s COVID Mask Policy for Nye County Airports located in Beatty, Tonopah, and Gabbs for the purpose of meeting the requirements mandated by the Federal Aviation Administration (FFA) to be in place until Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective. This policy will supersede Nye County’s Face Mask policy adopted by the Board on April 6,2021, and June 15, 2021, for the Nye County airports only-Reopened-Cont’d. Tim Sutton said it would be less restrictive if the rest of that sentence read it would be limited to only public areas of the airports and include exemptions to any of those requirements. MarIa Zlotek said this item was regarding any amendment to the State of Nevada mask policy. The first motion on the reopened item was to amend the Nye County policy. The restatement of the motion said the policy. She wanted to have it clear what was being amended and to not go off the agenda item. The Nye County policy adopted previously was not the agenda item. If the Board was amending the State of Nevada COVID mask policy that would be on the agenda.

Commissioner Strickland

said because she was amending she could take out the Nevada COVID mask policy.

Commissioner Strickland

restated her motion to amend the Nye County COVID mask policy for the Beatty, Gabbs, and Tonopah airports only requiring that all persons wear a mask in public areas of the airports in accordance with the CDC and the TSA as required.

Ms. Zlotek

still felt it was off the agenda item.

Mr. DahI

said he worked with the District Attorney on the language. If it was not worded right he would ask the FAA for an extension to get it on the next agenda.

Commissioner Strickland

did not know why she had to include the State of Nevada.

Ms. Zlotek

said she got the point to remove a word here or there, but in this context the only action that could be taken was as listed. Considering the time crunch and money at stake, she suggested a special meeting be held if there was no extension allowed to have a separate short policy for only the airports that complied with FAA requirements so the overall County policy was not changing or incorporating by adoption a specific policy that the Board could not change. Pat Minshall did not understood the arguing when a couple of million of dollars was at stake. January 19, 2022 35. For Possible Action Discussion and deliberation to adopt, amend arid adopt, or reject the State of Nevada’s COVID Mask Policy for Nyc County Airports located in Beatty, Tonopah, and Gabbs for the purpose of meeting the requirements mandated by the Federal Aviation Administration (FFA) to be in place until Executive Order 13998, Promoting COVID-19 Safety in Domestic and International Travel, is no longer effective. This policy will supersede Nye County’s Face Mask policy adopted by the Board on April 6, 2021, and June 15, 2021, for the Nye County airports only-Reopened-Cont’d. Erika Gerling from Beatty advised most of the flying public were already complying with the rules to wear mask indoors so it would not be a burden on them if the rule was adopted at the airport. Tim Bohannon thought this issue would come up with more than just the airport and the reality was it had to be paid attention to. The question was if $2.8 million was worth nullifying and if this one was nullified what happened next. He did not think it was worth giving up civil liberties for, but he trusted the Board would make a good decision. Gerard Kote, a former commercial pilot, said the way it was written it had overlapping and conflicting jurisdictions. What the Board was trying to address was getting money from the FAA, a federal jurisdiction, so mentioning the Nevada State policy was the wrong jurisdiction. Regarding civil liberties, Mr. Kote said it was everyone’s personal choice and responsibility to take care of themselves, and the Board’s task was to collectively do that for this community. Elimination of the State of Nevada would allow compliance with the FAA and TSA and avoid infringing on people’s choices.

Commissioner Carbone

asked if there would be a problem getting this to move forward without the policy. Michelle Nelson said yes as this grant specifically required on page 35, paragraph 22, a face covering policy. She confirmed with the FAA representative that the Nye County policy did not comply with the grant requirements. It was something for the Board to consider that if these grants were approved they would be approved knowing they did not comply with the specific grant requirements. January 19, 2022 36. For Possible Action Discussion and deliberation to: 1) Accept the FY22 Airport Rescue Grant Offers #3-32-0019-021-2022 (Tonopah), #3-32-0002-021 -2022 (Beatty) and #3-32-0029-013-2022 (Gabbs) through the U.S. Department of Transportation Federal Aviation Administration (FAA) in the amount of $22,000.00 for each Grant Offerllocation to provide funding in accordance with the American Rescue Plan Act (ARPA) for the purpose of assisting with costs related to operations, personnel, cleaning, sanitization, janitorial services, combating the spread of pathoqens at the airports; 2) Execute the grant award documents; and 3) Fund from 10340 Grants-Cont’d.

Commissioner Carbone

wondered, since the Board might want to put together a separate policy for the airports, if this item should be moved forward and make note that a policy be put together to be brought to the Board as early as possible.

Commissioner Strickland

agreed and felt bringing the two items back together would allow for an explanation for the changes, but she wondered if it would be too late.

Commissioner Carbone

thought the director was going to see what could be done to move this around a bit.

Commissioner Jabbour

pointed out the director made no promise except he would reach out but with no guarantees. If the answer was no and an emergency meeting was not scheduled within the next two days then the County was late in the game.

Commissioner Strickland

said in her opinion implement meant it was not in place when the grants were accepted so this could move forward and then the policies implemented.

Commissioner Blundo

made a motion to accept the FY22 airport rescue grant offers for Tonopah, Beatty and Gabbs through the U.S. Department of Transportation FAA in the amount of $22,000.00 each, execute the grant, and fund from 10340; seconded by

Commissioner Jabbour

; 4 yeas.

Commissioner Strickland

suggested everyone watch the movies The Social Dilemma and Don’t Look Up and then think about masks.

Commissioner Blundo

asked Brett Waggoner to bring an item to rectify the discrepancy in the Code that resulted in a show cause hearing. He read an e-mail about ARPA which indicated there was more flexibility in its usage and asked Savannah Rucker to look into that. He then asked for clarification. The policy was if it was a tie vote and there was an absence the item would go to the next available agenda to be heard. In the past there had been a secondary vote, yet today that was not allowed.

Commissioner Blundo

would like that straightened out because the item should not have been reopened today according to that rule.

Commissioner Jabbour

expressed his appreciation to the public for their feedback. He reminded everyone to spay and neuter their pets at the local organizations that were available to help with that.

Commissioner Carbone

asked staff to develop a separate policy for masks for the airports as quickly as possible. Sam Merlino said she was working on the new maps and precincts. She believed the School Board would adopt their areas tonight. Unfortunately she thought she would be able to make this a little easier, but a couple more precincts would need to be created because of the three Assembly districts, five Commission districts, and seven School Board areas. Mrs. Merlino then stated she really needed election workers in Beatty, Tonopah and Amargosa.

Commissioner Jabbour

asked if it would be a conflict for electeds or employees.

Mrs. Merlino

said no and other counties did that, but it had been a difficult thing to implement in the past. Most departments were ovetworked already and most could not spare the staff to work an election. She would get him more information. Commissioners Strickland and Carbone were not present _____day ___ January 19, 2022 39. Commissioners’IManacjer’s Comments (This item limited to announceme nts or topiclissues proposed for future workshopslagendas)-Cont’d.

Commissioner Blundo

assumed the Chair of the Board of County Commissioners.

Commissioner Jabbour

asked Mrs. Merlino how many she needed.

Mrs. Merlino

said she usually had about six in Beatty and she liked to have at least that amount in Tonopah, if not more.

Commissioner Blundo

confirmed with Mrs. Merlino that candidates could not apply to be a poll worker.

Mr. Waggoner

said Commissioner Blundo requested a draft to make some corrections to Title 17 and section 5.32 having to do with marijuana licenses and SUPs. He stated when the drafts were done he sent them to the Commissioners for them to review before a public hearing date was set. What happened with 17.06 was a few different discrepancies were discovered because a lot of changes were made on the record by a Commissioner that the District Attorney’s Office, staff, or himself did not have time to vet. Mr. Waggoner asked the Commissioners when they received the drafts to read through them and forward suggested changes to him. That would allow for proper vetting to avoid discrepancies in changes made on the record. Erika Gerling commented on election workers.

Commissioner Blundo

adjourned the meeting. APPROVED this ATTEST: Of__________________ 2022. Chair (, k Ny Couity Clerk I Deputy