February 1, 2022

Commissioner Strickland

explained she stayed in Pahrump to help her parents move into their new house.

Commissioner Blundo

said campaign season was around the corner and one thing he found challenging was campaign signs. He had been sent information that signs were already going up in the rights-of-way and asked staff to look into it. He suggested anyone running for office become familiar with the Code.

Commissioner Carbone

noted Commissioner Cox was not on the line and he did not know if she would make it today. Treasurer John Prudhont announced the next Treasurer trust auction would be held on line April 25-27, 2022. An on-line preview could be seen at bid4assets.co m beginning February 25, 2022. The deadline for the requisite $500.00 deposit to be received was April 19, 2022, which should be submitted to bid4assets, not the Treasu rer’s Office. There was also a $35.00 processing fee that went to bids4assets for their service, and a 10% fee on any sale. Planning Director Brett Waggoner told Commissioner Blundo signs in the rights-of-way were a daily occurrence. If anyone saw a sign Planning should be notifie d. The one individual that had been the largest offender had been notified and told Planning had his signs and would hold them for 15 days, after which they would go the landfill. NDOT should be contacted about signs on the State highways.

Commissioner Blundo

suggested getting those parts of the Code so when people ran for office they got a pamphlet. February 1, 2022 3. Commissioner&IManager’s Comments (This item limited to announcemen ts or topiclissues proposed for future workshopslagendas)-Cont’d.

Mr. Waggoner

said the Clerk handed out the State regulations, but he agreed with

Commissioner Blundo

and would get her the section of the Code. Chris Arabia said he had been asked several times about the grand jury. He explained he was empowered to request it, but it was up to the courts to make it come to life. He wanted to let people know he was still ready to go forward. As to a statem ent made in October, 2021, about certain parties being in breach of the terms and condit ions of the CARES Act, Mr. Arabia said his office looked into it and had made five reques ts for further information, but was still waiting for the response. When they receive d it they would do whatever was appropriate. He stated there had been some pretty horrible crimes as of late and told the public there was a team in place to handle that and get fair justice for those people. Mr. Arabia then pointed out reference was made to Sam Merlino’s upcoming retirement in an unflattering way and he wished her a very long and enjoyable retirement. Regarding the CARES Act money and multiple requests, Commissioner Jabbou r asked

Mr. Arabia

how he would proceed if he did not receive everything he needed .

Mr. Arabia

said that was a good question and he did not really know, but he did not have enough at this point to take any action. If he did not have enough inform ation to go forward then further action would be precluded.

Commissioner Carbone

reminded everyone tomorrow was Groundhog’s Day.

Commissioner Blundo

made a motion to approve the audits for fiscal year 2020-2 021 for Nye County and all component units of Nye County conducted by Daniel McArthur, for the Nye County Water District conducted by Dan McArthur, for the Town of Pahrump conducted by Daniel McArthur, and the Town of Pahrump conducted by Daniel McArthur; seconded by Commissioner Jabbour; 4 yeas. February 1, 2022 SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS

Commissioner Blundo

made a motion to go into closed; seconded by Commissioner Jabbour; 4 yeas.

Commissioner Blundo

made a motion to institute legal action to seek recovery of legal fees incurred by the Town of Pahrump in defending the Town against allegations raised in the case entitled Christopher Van Leuven v. PERS and Town of Pahrump, and authorize the County Manager to execute a retainer agreement with Downey Brand LLP; seconded by Commissioner Jabbour; 4 yeas. TIMED ITEMS 9. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and deliberation to determine if there is sufficient cause to revoke Special Use Permit SU-2020-000069 granted to Green Cross of America, Inc., for cannabis cultivation on 3.78 acres located at 5101 S. Oakridge Avenue, Pahrump, NV. Assessor’s Parcel Number 044-521-41. Oakridge Enterprises, LLC. Property Owner. Farhad Delrahim, Manager, Oakridge Enterprises, LLC. Moosa Kohanim, Green Cross of America, LLC. Applicant/Grantee.

Commissioner Carbone

opened the show cause hearing. February 1, 2022 9. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to determine if there is sufficient cause to revoke Special Use Permit SU-2020-000069 granted to Green Cross of America, lnc.-Cont’d. Planning Director Brett Waggoner was sworn in by the Deputy Clerk.

Mr. Waggoner

stated notice was sent on January 11, 2022, and was in the back-up.

Commissioner Blundo

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

Commissioner Strickland

; 4 yeas.

Mr. Waggoner

advised in 2019 their licenses were revoked by the Board for disciplinary action for several violations that remained unresolved. As recently as August, 2021, the Cannabis Compliance Board (CCB), accompanied by the Nye County Sheriff’s Office, performed an inspection on the property, which was kind of a raid. Multiple plants were found on the property in various growing stages. Several of the plants were taken for samples and the CCB ordered them to destroy all of them because they were growing marijuana on the property.

Commissioner Blundo

asked when the license expired.

Mr. Waggoner

said they were actually revoked in September, 2019 and were not reinstated.

Commissioner Blundo

asked if this was the first complaint and/or concern with these licensees.

Mr. Waggoner

stated there were several issues with the past licensee before it was revoked, namely security, not having people on the premises, not having cameras in working order, and no connection to the Sheriff’s Office up at all times. They were given numerous opportunities to make those corrections.

Commissioner Blundo

asked if the individuals at the facility had agent cards.

Mr. Waggoner

said no, although one had a hemp grower certificate for a different location in Pahrump.

Commissioner Blundo

asked how many plants were removed and destroyed.

Mr. Waggoner

thought it was around 400.

Commissioner Blundo

asked how much material that would have produced in terms of poundage.

Mr. Waggoner

said he did not know and he could not discuss many details of the case as it was an open case. February 1, 2022 9. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and deliberation to determine if there is sufficient cause to revoke Special Use Permit SU-2020-000069 granted to Green Cross of America, lnc.-Cont’d. Attorney Derek Connor, representing Green Cross of America, was sworn in by the Deputy Clerk.

Mr. Connor

said he just learned about the hearing last night. He believed the notice was sent on January 11, 2022, and went to the facility itself. A complaint was filed in October, 2021, by the COB as well as a summary suspension that prohibited any of the licensees or agents of the licensees from going into that facility without the permission of the CCB, so no one was getting the mail. Mr. Connor advised on January 27, 2022, a receiver was placed in charge of this company, Kevin Singer. Attorney James Allen was sworn in by the Deputy Clerk. Kevin Singer was sworn in by the Deputy Clerk.

Mr. Connor

entered into the record the order appointing Mr. Singer as well as a finding of fact and conclusion of law from the CCB and an order approving Mr. Singer.

Commissioner Blundo

made a motion to accept the additional back-up presented by Mr. Connor; seconded by Commissioner Jabbour; 4 yeas. The Board took a brief recess to allow distribution of the additional back-up.

Mr. Connor

explained the receiver was now essentially in charge of the company and would handle the decisions regarding finances, hiring and firing, and handling litigation.

Mr. Singer

stated he was a Superior Court Receiver working for Judge Denton in this case. He had done receivership work for the last 21 years and now served in over 440 cases as a court-appointed receiver. He had also been appointed over 13 cannabis businesses to run and operate as well as being approved by the Department of Cannabis Control to run and operate this business. The goal of Judge Denton’s court order in this case was to try to protect and preserve the business, make a decision if they would legally operate and reopen the business, or sell the licenses and pay creditors with the funds obtained. Mr. Singer said in listening today it sounded like Nye County may also be a creditor. His goal was to try to work with the County to make the best business decisions with this business to try to monetize and pay creditors or transition it into the capable hands of a good, reputable business operator. Mr. Singer stated for the record that the previous ownership would have nothing to do with the business under his jurisdiction.

Mr. Connor

said on behalf of this company he was requesting more time to get Mr. Singer up to speed and have the decisions made as to whether it would be sold to a new licensee so they would be able to operate in a different location in the County or February 1, 2022 9. 10:00 am. For Possible Action Hearing to Show Caus e, discussion and deliberation to determine if there is sufficient cause to revo ke Special Use Permit SU-2020-000069 granted to Green Cross of America, lnc.-Co nt’d. keep it at the current location with some things done to the proper ty. He asked to stay this matter.

Mr. Waggoner

said there were two different paragraphs in the Code which he thought applied to this. The first one was Section 17.06.040.B.5 regard ing the term of the special use permit, which stated any special use permit issued shall remain in effect only for a period of one year from the date of issuance unless the applicant received a license to operate a marijuana facility from Nye County. If the applicant received a license to operate a marijuana facility, then the special use permit would remain in effect provided the marijuana establishment was in compliance with all conditions of the special use permit and the establishment continued to mainta in a valid Nye County marijuana license. The special use permit was restricted to the building and process as described in the application and approved under site development review described under NCC 17.04.950. Any expansion or modification would require an amendment to the special use permit. Failure to maintain a valid marijuana license for the premises shall cause any special use permit issued to become void and invalid. The other paragraph Mr. Waggoner felt applied to this was Sectio n 17.06.040.B.6, which addressed transferability, receivership, new ownership, etc. Any special use permit approved by the Board shall be specific to the marijuana establishment business owner as specified on the permit. Any change in ownership would deem the special use permit to be administratively transferable to the new mariju ana establishment business owner that was approved. The special use permit would be valid for the same terms as the original special use permit and shall be subject to the same use at the same location. An application for a special use permit shall be made by the new license holder within 45 days after the license was approved. Failure to submit in that time would trigger a show cause hearing. Mr. Waggoner stated this license was revoked in 2019.

Mr. Connor

reiterated the request for more time.

Commissioner Blundo

referred to paragraph 6 in the documents

Mr. Connor

provided from the Eighth Judicial District Court, which stated the receive r was directed to immediately take and maintain possession and control of the premises occupied by Green Cross for its business, conduct all of the business and affairs, etc.

Commissioner Blundo

asked if it was a fair assessment after reading that and hearing the testimony today that Mr. Singer was 100% in control of this facility, the licenses, and the situation.

Mr. Singer

stated that was correct. February 1, 2022 9. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and deliberation to determine if there is sufficient cause to revoke Special Use Permit SU-2020-000069 granted to Green Cross of America, lnc.-Cont’d.

Commissioner Blundo

asked if there was a plan to remediate. He also wanted to hear from Mr. Singer that he was immediately taking control of the premises occupied by Green Cross and his perspective of what leniency would look like if the County tried to help.

Mr. Singer

noted he was just appointed less than two weeks ago. The goal was to inspect the facility within the next day or two and put together a plan in the next two weeks, which he would be happy to submit to the County. There were only three possible ways to proceed in this case try to reopen the business with the County’s help, sell the licenses and try to bring in a new set of ownership people who understood the way Nye wanted to do business and wanted to do everything according to the law, or just close down everything and walk away. He assured the Board that the bad characters would not be involved in the decision making at this point.

Commissioner Blundo

wanted to know that the property owner and licensee had no decision making authority.

Mr. Singer

said that was correct. However, he clarified he was appointed over the business and the real estate was owned by a separate independent party who he did not have full control over, but he believed it behooved him to cooperate and work with

Commissioner Blundo

said if he could get confirmation that Mr. Ferrard and Mr. Moussa were done with this equation he was willing to give a little bit of time, and he wanted all the taxes up to date as well. He felt there was enough testimony and information to revoke the SUP at this time.

Commissioner Jabbour

said Mr. Singer mentioned he had experience with 13 cannabis facilities as a receiver. He asked if any of those cannabis facilities were in Nevada.

Mr. Singer

said no, but the Department of Cannabis had already approved his agent card.

Commissioner Jabbour

said it was mentioned that there was a grow without the State and County licensing. One of his concerns was if the current ownership was affiliated with the ownership that had gotten this to this juncture.

Mr. Connor

advised he was brought on initially to defend the company from the CCB complaints. His understanding was since the formation of this entity a couple of owners had passed away and now that ownership had transferred down to their estate. He believed there were six shareholders on record with the COB, but a transfer of ownership was not currently pending with the CCB. Mr. Connor stated the current February 1, 2022 9. 10:00 am. For Possible Action Hearing to Show Cause, discussion and deliberation to determine if there is sufficient cause to revoke Special Use Permit SU-2020-000069 granted to Green Cross of America, lnc.-Cont’d. owners on record with the State would not deal with the day to day activities of the company, only Mr. Singer. He also believed Mr. Singers employee would go to the facility tomorrow to get keys and would be the only one with access to the facility.

Commissioner Jabbour

asked if any of the current owners were affiliated with the past bad behavior.

Mr. Connor

said his understanding was that the building suffered wind damage to the roof and third parties were brought in to repair that. The CCB was told they were shutting down, but it appeared the third parties brought in the plants. The case was still active and heading to trial.

Commissioner Jabbour

felt 400 plants should have been noticed immediately.

Mr. Connor

said he understood, but he believed the owners lived out of state and should have kept a better eye on the situation.

Commissioner Strickland

said an SUP was being considered and she was not sure why the licensing was coming up. The Code was clear, which stated an SUP shall be void and invalid, and this SUP was in jeopardy because they had not been licensed since 2019. Commissioner Strickland believed there was no choice but to suspend the SUP.

Mr. Connor

advised that per State law they were required to maintain their SUP so it did call the licenses in. Revoking the SUP would put their licenses at greater risk.

Commissioner Carbone

closed the show cause hearing. Assessor Sheree Stringer advised there were outstanding taxes for Green Cross America for three years totaling $2,937.97. In the course of that investigation they also came across Oakridge Enterprises LLC, which was now under Treasurer’s trust, with an outstanding balance of $52,649.39. Tim Bohannon said sustainability on this had been lacking. If the license was revoke d in 201 9 the SUP did not belong here. There were significant financial issues with no plan to resolve. He suggested if the County continued with this to put them on a timeline. Mr. Bohannon also felt having a receiver with no background in Nevad a was a risk. John Bosta said it looked like there was an operation with no license and an illegal grow. He asked if the use permit was renewed in the proper amount of time. For the protection of the citizens of the County he believed the permit should be revoked. February 1, 2022 9. 10:00 am. For Possible Action Hearing to Show Cause, discussion and — — deliberation to determine if there is sufficient cause to revoke Special Use Permit SU-2020-000069 granted to Green Cross of America, lnc.-Cont’d.

Mr. Singer

advised he maintained an office in Nevada as well as staff. He was currently serving two others judges in Nevada and probably served in 15-20 cases in Nevada so he was no stranger to Nevada and the citizens of Nevada.

Commissioner Blundo

made a motion to find sufficient cause to revoke special use permit SU-20-00069 granted to Green Cross for cannabis cultivation based on the following findings and conclusions: Nye County Code 17.060.040 required that Green Cross shall abide by and faithfully comply with any and all conditions attached to the granting of an SUP. Based on the testimony here today by Director Waggoner and the back-up materials accepted into the hearing the Board found that the terms in the SUP, mandatory conditions of approval, and final action memorandum pursuant to Nye County Code 17.06.040.A.5 were violated as follows: 1. On August 26, 2021, an inspection was conducted on the property and it was found marijuana plant material (cannabis) was being gown. The Nye County Planning Department did not have a valid license on file. 2. Condition of approval 2 was violated by the permittee not having State approval. Condition of approval 2 stated the establishment must continue to meet all requirements for a marijuana establishment to qualify for and maintain State approval as set forth by State law. 3. Condition of approval 3 was violated by permittee as the establishment did not comply with all the operating procedures required by State law. 4. Condition of approval 10 was violated by permittee as the establishment did not install security surveillance cameras that monitored all entrances along with the interior and exterior or the premises; recordings from these premises were not maintained in a retrievable manner for at least 30 days from the date of record; the surveillance systems did not include a lighting system; and t he system was not available to the Nye County Sheriff’s Office for real-time surveillance and response. The Board found that this property had failed to maintain appropriate State licensure. The Board found that during the inspection on August 26, 2021, the employees on the property were without State-issued identification cards. The Board found the camera and surveillance equipment was missing and not installed per the approved security plan. The Board found as of August 26, 2021, Nye County was not in receipt of a marijuana establishment business license application or had record of a valid license on file. The Board found that sufficient cause had been presented to revoke the permit; seconded by Commissioner Strickland; 4 yeas. February 1, 2022 8. 10:00 am. For Possible Action Hearing to Show Cause, discussion and deliberation to determine if there is sufficient cause to revoke Marijuana Establishment Licenses MM-2020-000092 (Medical Cultivation) and RM-2020- 000070 (Adult-Use Cultivation) for CWNevada, LLC., located at 9680 S. Oakridge Avenue, Pahrump, NV. Assessor’s Parcel Number 044-851-30. Fortress Oakridge, LLC. Property Owner. CWNevada, LLC. Grantee.

Commissioner Carbone

opened the show cause hearing. Brett Waggoner was sworn in by the Deputy Clerk.

Mr. Waggoner

advised notice was sent and was contained in the back-up.

Commissioner Blundo

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

Commissioner Strickland

; 4 yeas.

Mr. Waggoner

explained this licensee was no longer operating at this location. A new SUP was issued in the last couple of months for a new owner. The license for adult use for this location expired June 30, 2021, and no application had been made to renew it as of today. They chose to not renew the medical license for this location and that expired on July 1,2019. Based on Nye County Code 17.06.040.A.5, any SUP issued shall remain in effect only for a period of one year from the date of issuance unless the applicant received a license to operate a marijuana establishment in the County. If the license was received the SUP would remain in effect provided the marijuana establishment was in compliance with all conditions of the SUP and the establishment continued to maintain their valid marijuana license. The SUP was restricted to the building and the processes as described in the application and approved under site development review described under NCC 17.04.950. Any expansion or modifications would require an amendment to the SUP. Failure to maintain a valid marijuana license for the premises shall cause any SUP issued to become void and invalid.

Commissioner Blundo

said CWNevada was issued a license by the County, but it was now a different company.

Mr. Waggoner

advised it was a different property owner who had not been licensed at this location yet, but they recently did an SUP. Neither the licensee nor their attorney were present.

Commissioner Carbone

closed the show cause hearing. John Bosta said there was no license on this property and the use permit had not been reapplied for this year, so it was a situation where the license should be revoked to protect the people. February 1 2022 8. 10:00 am. For Possible Action Hearing to Show Cause, discussion and deliberation to determine if there is sufficient cause to revoke Marijuana Establishment Licenses MM-2020-000092 (Medical Cultivation) and RM-2020- 000070 (Adult-Use Cultivation) for CWNevada, LLC-Cont’d.

Commissioner Blundo

made a motion to find sufficient cause to revoke the following licenses: marijuana establishment licenses MM-2020-000092 (medical cultivation) and RM-2020-00070 (adult-use cultivation) for CWNevada LLC based upon the following findings and conclusions: Based upon testimony from Director Waggoner and the back up materials accepted during the hearing the Board found the licensee had failed to renew the medical cultivation and adult use cultivation licenses by failing to pay the license fees as required by Nye County Code 5.32.055 and was no longer operating at this location. Nye County Code 5.32.055.2. stated that failure to pay the retail marijuana license renewal fee within 90 calendar days of the due date would trigger a show cause hearing and possible suspension and/or revocation of license by the Board. The Board found the licensee had violated Nye County Code 5.32.055 and the penalty for violation of Nye County Code 5.32 as set forth in Nye County Code 5.32.100.2 was revocation of the two licenses; seconded by Commissioner Jabbour; 4 yeas. The Board was in recess until 2:30 p.m. Chris Arabia was not present. Deputy District Attorney Bradley Richardson was present. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. 10. For Possible Action Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects. Public Works Director Tom BoIling provided updates on the activities throughout the County. He also provided updates to the Commissioners’ past requests regarding the pavement around the Tonopah complex; the light at Highway 160 and Gamebird; the fence on Roadrunner; the intersection on Unicorn and Deerskin; and the dip on Deerskin. Ongoing projects included bids for the low water crossings, bids for lighting in areas in the County, and speed setting on Farm Road and Valley View.

Commissioner Jabbour

said he would like lighting considered in the next round for the Currant and Gabbs areas.

Commissioner Blundo

advised the RTC gave direction to staff on the Round Mountain road issue. February 1, 2022 10. For Possible Action Discussion and deliberation regard ing General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regard ing public work proiects-Cont’d. Pearl Olmedo said if at any time the Commissioners needed inform ation they could contact the town at (775) 377-2508. She would also provide an e-mail for documents to be sent to.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 12. For Possible Action Discussion and deliberation to: 1) Appoi nt five members to the Pahrump Arena Advisory Committee due to six vacancies from the following list of applicants: Cody Chappell, Michelle Chapp ell, Steven Chase, Darius Mann, and Scot Tibbits; or 2) Readvertise for the appoin tment.

Commissioner Strickland

pointed out one of the members had been on the board for over 20 years and she expressed her appreciation to volunteers and their service.

Commissioner Strickland

made a motion to appoint as read; second ed by

Commissioner Blundo

said the motion was for two-year terms expirin g January, 2024. The motion to appoint as read passed with 4 yeas. 13. For Possible Action Discussion and deliberation to: 1) Appoint two members to the Pahrump Nuclear Waste and Environmental Adviso ry Committee due to three vacancies from the following list of applicants: Robert Adams and Dale Griffith; or 2) Readvertise for the appointment.

Commissioner Blundo

made a motion to appoint Robert Adams and Dale Griffith to the two vacancies on the Pahrump Nuclear Waste and Environmental Advisory Committee to the terms expiring January 31, 2024; seconded by Commissioner Jabbour.

Commissioner Blundo

amended his motion to appoint Robert Adams and Dale Griffith to the two vacancies on the Pahrump Nuclear Waste and Environmenta l Advisory Committee to the terms expiring January 31, 2024, and direct staff to readvertise for the third open vacancy; Commissioner Jabbour amended his second; 4 yeas. February 1, 2022 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. 15. For Possible Action Approval of Assessor’s Office Change Request(s) to allow the Nye County Treasurer to process and: 1) Issue an amended tax bill in the amount of $2,847.52 to Donald Gene & Ivilma Erwin, owners of 5358 San Pietro Dr., Pahrump, NV, Assessor’s Parcel Number 046-203-03. 2) Issue an amended tax bill in the amount of $660.87 to Tracy & Timothy Huldermann, owners of 5520 N. Leslie St., Pahrump, NV, Assessor’s Parcel Number 027-761 -04. 3) Issue a refund in the amount of $67.93 to Roland & Margie Charles, owners of 3831 W. Charleston Park Ave., Pahrump, NV, Assessor’s Parcel Number 028-496-01. 4) Issue a refund of $157.05 to LHL Group, LLC, owner of 545 W. Glacier Ln., Pahrump, NV, Assessor’s Parcel Number 030-531-01.

Commissioner Blundo

made a motion to approve items 15-16; seconded by

Commissioner Strickland

; 4 yeas. 16. For Possible Action Approval to: 1) Execute the “Environmental Review for Activity/Project that is Exempt or Categorically Excluded Not Subject to Section 58.5”, as required as part of Questions #6 and 7 of the Community Development Block Grant Program (CDBG) grant application, on behalf of Subgrantee, Rebuilding Together Southern Nevada; to be submitted to CDBG for review and acceptance by application deadline of February 18, 2022. There is no cost required of the County to execute the Environmental Review.

Commissioner Blundo

made a motion to approve items 15-16; seconded by

Commissioner Strickland

; 4 yeas. BOARD OF COMMISSIONERS 20. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. February 1,2022 21. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 22. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 23. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject a modification to Section 2 Effective Date of Contract for Public Defender Services between Nye County and: AMD Law Group, PLLC., Boskovich Law Group, PLLC., Jason Earnest, Law Firm of Nathan L. Gent, Morton Law, PLLC. by extending the effective period to June 30, 2023; and 2) Execute the First Amendment to the contract.

Commissioner Carbone

said this was his item and he thought it was better to have this as a two-year contract to allow them to take care of their cases.

Commissioner Blundo

disclosed one of the public defenders had current legal litigati on against him, the District Attorney and Nye County. He did not think that would preclud e him from participating and he wanted to listen to all the information.

Commissioner Strickland

made a motion to approve and execute; seconded by

Commissioner Blundo

stated in an abundance of caution he would abstain.

Commissioner Carbone

said this was the time for changes.

Commissioner Blundo

felt the Commissioners needed to be there to support each other and colleagues. It also gave an opportunity to branch into new venues, directions and experiences. He asked that a second be put on some of them so they were still covered.

Commissioner Carbone

suggested Commissioner Blundo mark it up as to what he wanted to be first or second on and send it to him. February 1, 2022 24. For Possible Action Discussion and deliberation regarding Commissioner Liaison I Representative positions-Cont’d. Comm issioner Strickland agreed with a second person and felt it could be covered by stating the second alternative would be other Board members. Tim Sutton advised some of the liaison positions required a named party so it would not be sufficient to say the rest of the Board.

Commissioner Blundo

made a motion to accept and confirm the liaison/representative positions as presented in the back-up; seconded by Commissioner Jabbour. John Bosta felt it was important to see more than one liaison at town board meetings. Tim Bohannon agreed with having a second alternative. He wondered at what point the Commissioners were tapped out as far as time and when adding additional Board members would become necessary.

Commissioner Strickland

pointed out it was structured so the meetings fell between the first and third Tuesday so there was breathing room outside of those dates. There were so many committees being represented because they also sat as the Town of Pahrump.

Commissioner Jabbour

made a motion to appoint one member to the Nye County Wildlife Management Board of Trustees due to the resignation from the following list: Allen Lynn for the term of June, 2022; seconded by Commissioner Blundo; 4 yeas. DISTRICT ATTORNEY 27. For Possible Action Discussion and deliberation to: 1) Accept, amend, or reject a proposed settlement agreement with Daniel Kennedy over the impound of his vehicle; and 2) Authorize the County Manager to sign the approved settlement agreement.

Commissioner Carbone

explained this was a situation that the County should be embarrassed. He hoped this would be used as a lesson learned on making sure when February 1, 2022 27. For Possible Action Discussion and deliberation to: 1) Accept, amend, or reject a proposed settlement agreement with Daniel Kennedy over the impound of his vehicle; and 2) Authorize the County Manager to sign the approved settlement agreement-Cont’d. a vehicle was being taken over for any reason that the real owner(s) of the item be validated. This was a $6,672.00 error the County should not have had.

Commissioner Blundo

pointed out Mr. Kennedy’s name was spelt “Daniel” on the agenda form, but in the agreement it was ‘Danial.” MarIa Zlotek advised the agreement could be approved with the name being corrected.

Commissioner Jabbour

pointed out Ms. Castle agreed the vehicle could be forfeited. He wondered if there were any ramifications and if that would be considered fraud since she agreed to surrender a vehicle that she did not own.

Ms. Ziotek

said based upon the facts, when someone agreed to forfeit they may have agreed to forfeit any interest they may have. Any furtherance as to whether any crimes were committed based on the totality of the facts would always be something the Sheriff’s Office could investigate and move forward with. Bradley Richardson said Mr. Kennedy’s first name had an unusual spelling and his counsel spelled it “Danial.”

Commissioner Blundo

made a motion to accept the proposed settlement agreement with Danial Kennedy over the impound of his vehicle and authorize the County Manager to sign the settlement agreement; seconded by Commissioner Jabbour; 4 yeas. 26. For Possible Action Discussion and deliberation to: 1) Accept or reiect the “Subdivision Settlement Participation Forms” and releases pursuant to the One Nevada Agreement on Allocation of Opioid Recoveries (“One Nevada Agreement”) previously agreed upon for participation in settlements with (1) the State of Nevada and opioids distributor defendants AmerisourceBergen Drug Corporation, Cardinal Health, and Mckesson as listed in Exhibit C to the One Nevada Agreement, and (2) the State of Nevada and oploid manufacturer defendant JanssenlJohnson & Johnson as listed in Exhibit C to the One Nevada Agreement; and 2) Accept or reject an “Amendment No. I to One Nevada Agreement on Allocation of Opioid Recoveries” regarding a reduction in attorney’s fees to the One Nevada Agreement for purposes of just the two settlements described in subparagraph A above.

Commissioner Blundo

made a motion to accept the Subdivision Settlement Participation Forms and Amendment No. 1 to the One Nevada Agreement on Allocation of Opioid Recoveries for the purposes of just the two settlements described in subparagraph A above; seconded by Commissioner Strickland; 4 yeas. February 1,2022 COUNTY MANAGER 28. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2022-05: A Resolution of intent to sell county-owned property, specifically identified as 1501 and 1503 E. Calvad a Blvd. Assessor’s Parcel Number 042-041-35, located in Section 23 and 26, Township 20 South, Range 53 East, F#173521 P.IB 3.83 Acres Calvada Valley Unit 3, more commonly known as Pahrump Medical Center.

Commissioner Strickland

disclosed she was an acting real estate broker and this was the contemplation of a sale, but she had no pecuniary interest in this sale.

Commissioner Carbone

pointed out that since the last time this item was in front of the Board the cost of the property had come down from around $1.9 million to $1.69 million. He suggested bringing the $1 .693 million back to the around $1 .9 million.

Commissioner Blundo

said the appraisal came down, but the Board added an amount of $100,000.00 or $20000.00. With everything in the back-up, including the apprais als, it appeared the total was $1909 million.

Commissioner Blundo

made a motion to amend and adopt Nye County Resolu tion No. 2022-05 changing paragraph 1 to read, “That the following parcel shall be offered for sale at public auction pursuant to NRS 244.281 and 244.282 at the minim um price of no less than $1 .91 million even” with everything else staying the same; second ed by

Commissioner Strickland

talked about replacement value versus market value currently in this market and how the appraisal could not be done based on replacement cost, which she understood. However, she did not want the Board to undercut itself on the potential for this property and only one bidder may bid. Commissioner Strickl and asked the Board to consider bumping the amount up some more. Remodel costs were $1 30.00 a square foot, so it would cost $1.5 million to remodel. She said she would love to see more facilities in Nye for medical, but the County should not suffer a tremendous loss. She asked the Board to bump it to the $2.1 million mark.

Commissioner Carbone

said this building was designed for medical and to tear it apart to make it for people to work in was a tragedy to the building.

Commissioner Jabbour

said it was obvious the County needed space, which required money. Siemens had already installed the new HVAC system in the buildin g. He was carrying the torch of not selling the building in part because the building could not be replaced for $2 million. He understood it was designed for medical, but he did not think it would cost too much to have engineers go in and estimate what it would cost for the County to use it. February 1, 2022 28. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2022-05-Cont’d.

Commissioner Carbone

felt it would be better to build new buildings rather than try to tear one apart for people to work in.

Commissioner Strickland

noted the $1 .9 proposal with the $2.4 million already earmarked for Health and Human Services a new facility could be built at the Eye. She stressed there was a need for new facilities, not something retrofitted.

Commissioner Blundo

mentioned there was a qualified bidder last time and he hoped there would be several bidders interested this time. He felt it was better to have new facilities built compared to trying to rip things out. The County had a healthy ending fund balance and had the means to fund a project of this size and magnitude.

Commissioner Jabbour

reminded Commissioner Blundo that there were people who worked for the County that were in dire need right now to move out of their work environment due to very poor conditions and be placed into a new building. If the price could be bumped up a little bit as Commissioner Strickland suggested, Commissioner Jabbour said he would not let the employees and the work conditions they were in fall by the wayside and would push to move that forward as quickly as possible.

Commissioner Carbone

advised the Building and Grounds Manager had been looking at portable buildings as well as places that had buildings available.

Commissioner Strickland

withdrew her second.

Commissioner Blundo

was worried about making it so expensive that no one would bid.

Commissioner Strickland

pointed out it was only $190,000.00 more.

Commissioner Blundo

asked Commissioner Strickland if she would be good with $2 million, to which she responded yes.

Commissioner Blundo

withdrew his motion.

Commissioner Blundo

made a motion to amend and adopt Nye County Resolution No. 2022-05 changing $1.9 million to $2 million; seconded by Commissioner Strickland. John Prudhont reviewed NRS 244.281(c)2, regarding sale or lease of property. Based on the back-up Mr. Prudhont said it looked like the replacement value was $2.732 million with $100,000.00 in exclusions, but unfortunately the appraisal was not included in its entirety so that could not be determined. If the NRS was followed then the minimum required bid should be $2.732 million. Only pages 49-51 of the appraisal were in the back-up and he thought that information was imperative for the public to determine if the appraisal was done in accordance with the appraisal principles. February 1 2022 28. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2022-05-Cont’d. Brett Waggoner stated the building could not be replaced for that cost. He agreed there was a need for medical providers, but this building had been for lease and he wondered where those providers were. He felt shedding assets possibly under market was not a good way to go as there was cheap money out there. There were also other things the County could do to meet the needs of staff. Tim Bohannon said he was in favor of a solid price for the building. He asked what had been done from a recruiting standpoint to get companies to look at it. He also wondered what was being done to help those employees who lost their offices. Lorina Dellinger clarified the document the Treasurer referred to was the POOL/PACT assessment of the document, not the appraisal. She also pointed out the resolution included the date for a walk through, March 18, 2022, which was approximately a month before the auction. That date could certainly be advertised to ensure recruitment.

Commissioner Strickland

made a motion to send the letter; seconded by Commissioner Blundo. Helene Williams stated the private well owners would like to see concerns about water in the letter and how Basin 162 could not support it.

Commissioner Strickland

said this would probably not be the only letter sent. The next letter could contain more verbiage and the director could be instructed to do so.

Commissioner Carbone

said everyone understood Basin 162 could not handle the amount of water required to support all the renewable energy fields. There would be more discussion about water because he wanted a letter sent to the State Engineer explaining the Basin 162 issues.

Commissioner Jabbour

thanked Ms. Williams for her comment because at the last meeting in Pahrump his main focus was the lack of water, how the basin would be sucked again, and how the County could not afford for that to happen. In his opinion he thought water should absolutely be inserted if not in this letter then the next letter as justification, not just a community saying no. If it was not inserted into this letter

Commissioner Jabbour

wanted a letter generated immediately addressing the water. February 1, 2022 30. For Possible Action Discussion and deliberation to approve to send a letter to the Bureau of Land Management (BLM) regarding the Rough-Hat Solar Energy Project-Cont’d.

Commissioner Blundo

concurred with the water, but he thought this letter was to the point and stated the County’s position. He invited the private well owners to submit a letter themselves in tandem with the County.

Commissioner Blundo

made a motion to set the date, time and location for the public hearing as March 1,2022, at 10:00 a.m. in Tonopah, Nevada, at the Board of County Commissioners chambers; seconded by Commissioner Strickland; 4 yeas.

Commissioner Blundo

read the title of the bill into the record.

Commissioner Blundo

made a motion to set the date and time for the public hearing as March 1,2022, 10:00 a.m. in Tonopah at the Board of County Commissioners chambers; seconded by Commissioner Strickland; 4 yeas.

Commissioner Blundo

read the title of the bill into the record. ________d _____ay _ February 1, 2022

Commissioner Jabbour

reminded everyone to spay and neuter their pets and thanked the public for participating.

Commissioner Carbone

told Tim Sutton an item was needed about the State Engineer. The County was threatened on a continual basis that it could not go further with the basin, but now there was renewable energy coming in that required water and he had not said a thing. Commissioner Carbone wanted another item for information out of Round Mountain as to correspondence and how money was spent on certain projects. Samantha Tackett advised Open Meeting Law sessions were scheduled for February 25, 2022, at 1:30 p.m., March 3,2022, at 6:00 p.m., and March 8,2022, at 10:00 am. The March dates would be available in Tonopah, Beatty and Pahrump. The February date would be available in Tonopah and Pahrump only. She would send out the usual invites along with reminders and a response was required as there was limited space.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of 2022. 1 • / C(iair Nye Cotnty Clerk I Deputy