June 22, 2022

Dr. Stephen

Hall, chaplain and volunteer chaplain for the Veterans of Foreign Wars and the Department of Veterans Affairs, thanked the Commissioners for their generosity and their help to the veterans of the County. Erika Gerling advised she was present in Beatty if the Commissioners had anything for her. Mary Leikness talked about Pahrump’s aquifer and how it was not one of the largest aquifers. A study written by the Washington State Groundwater Association in 2020 on the Town of Pah rump water consumption showed because of red hot growth the ground was sinking as groundwater was pumped out faster than nature could return it. In order to survive Nye asked the State for the right to draw water from the Nevada cold war atomic test site, which was 30 miles away and detonated over 260 nuclear bombs near or below the water table. The immediate threat was that Pahrump had no public sewer system and thousands of individual septic tanks were flushing nitrogen rich toilet water into the ground. It was just a matter of time before the groundwater was polluted said the Environmental Protection Division. Also, as the water continued to decline the wells would fail. Bill Stremmel referred to a Pahrump Valley Times article about the repaving project on Highway 160 and an ancillary project to replace a cattle grate 27 miles away. He wondered why another ancillary project adjacent to that was not thought of, which would be a right-turn line from southbound Highway 160 onto Highway 372 where there were back-ups and emergency vehicles getting stuck. Mr. Stremmel said NDOT had not answered him as to whether the County would get the motor fuel excise tax back and he was frustrated it could not be combined with the main project. Diane Southworth talked about housing and homeless. Extra funding was received for fruits and vegetables through the summer for those on WIC, and Nye Communities Coalition got a grant to get extra fruits and vegetables which they had distributed throughout the County, including up north. She also had new community resource brochures. Ms. Southworth hoped anyone present who would like to donate some time and expertise would go to Nye Communities Coalition to see what interested them and get involved. Donna Jokinen thanked the Board for their help and working with them to try to get things straightened out for them, but she was having problems with the Sheriff’s Office and the District Attorney’s Office because her house was stolen a couple of years ago on a fraudulent foreclosure. She still had not gotten any resolution on that even though June 22, 2022 2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first)-Cont’d. the fraud was proven. Ms. Jokinen understood it was happening to other people and asked the Commissioners for their help to resolve the issue. Joseph LaBossiere expressed his frustration with short deadlines to attend a meeting for an item the public was interested in. Michael David Garcia talked about faith, family, and the violation of human rights. Pat Minshall gave a shout out to the Road Department as the next portion of Farm Road had almost been completed. On the other hand, she did not see the durapatcher out there which they had requested for the very bad condition of the rest of the road. Sheree Stringer, treasurer of the Pahrump Valley Adult Softball League, said they paid for the fields at Petrack Park and were having an issue with the homeless there. Many of them defecated in the men’s bathroom and smeared it all over the walls to the point they were unusable. Now that it was summertime everyone was bringing their children, but they could not be left alone. The Sheriffs Office had also been called out several times. Mrs. Stringer asked the Commissioners if there was something they could do. She added they had to pick up everyone’s trash at the end of the night to make sure everything was clean when they left. Chelsea Fischer thanked the Commissioners who came to the school board meetings and community events. Pahrump was a desert and there were water issues. She was concerned with the comments made about getting water from the test site. She thought a new community center would be great, which was promised by VEA and never happened. A new pool would also be great, and possibly a splash pad at the parks on tanks. Ms. Fischer then talked about her elderly neighbor who lived by herself. She was transported to the hospital by ambulance and discharged at 4:00 a.m., but then sat in a wheelchair until 8:00 a.m. because the hospital said there was no one to pick her up and take her home. Ms. Fischer was also curious about what was happening with the Section 8 housing. She had heard there was none in Pah rump and they were told to go to other cities.

Commissioner Jabbour

said the concerns mentioned would be looked into and wished everyone a belated Father’s Day. Regarding Section 8 housing, Commissioner Strickland advised the County did not do that and did not provide housing to the community. She then gave a shout out to the June 22, 2022 3. Commissioners’IManager’s Comments (This item limited to announcements or topic/issues proposed for future workshops/agendas)-Cont’d. staff. The Water District Governing Board meeting was held yesterday and they always mentioned how much help they receive.

Commissioner Blundo

congratulated all the primary winners. He asked the County Manager to make sure that the candidates who won were looped in so they were up to speed.

Commissioner Cox

also congratulated everyone who won the election. She said Section 8 was very difficult. The applicant had to be on a list for two years, the landlord had to accept the person, and there were not a lot of places that would not rent under Section 8.

Commissioner Carbone

said he wanted to sit down with the lady who talked about the water, and the chair of the Water District Governing Board would probably want to talk to her as well. He echoed everyone’s comments regarding the election. Regarding the comments on water, Commissioner Blundo did not believe there was ever an attempt to pipe water from the test site.

Commissioner Carbone

said it had been mentioned more than once that the water at one time was designated to be used by not only the County but other people as well and he would go over that with the speaker. He thought the County needed to sue the federal government for taking that water away and asked to have it added to the list of things to be talked about.

Commissioner Blundo

asked when the special election would be held. Sam Merlino explained it took at least two to three months to get a special election going and she would be happy to look into it.

Commissioner Jabbour

pointed out a special election would be costly and there was no time to do that because of the caseload. This position was necessary and he believed a timeframe needed to be set as quickly as possible to advertise for applicants, interview them, and get the position in place.

Commissioner Blundo

made a motion to declare the position was vacant, accept the resignation letter, and to move toward filling by appointment; seconded by

Commissioner Jabbour

. Pahrump Justice of the Peace Kent Jasperson stated without Beatty Justice of the Peace Gus Sullivan he thought they would be in a real bind. Judge Jasperson said he was not 100%, but he was coming back and doing what he could do to make things work. His recommendation was that it be filled as expeditiously as possible. Judge Sullivan said he talked with Tim Sutton yesterday and expressed his concerns. He was trying to make himself available, but it was really tasking his Beatty court. He was shorthanded as well, but he was not a traditional judge and did clerical work to help them. He was not able to do that being in Pahrump so they were falling further behind. Judge Sullivan asked that it be filled as soon as possible so he could get back to work in his township.

Commissioner Blundo

asked if anyone reached out to Tonopah Justice of the Peace Jen Klapper for assistance. Judge Jasperson said he had not and explained he was not involved in this until he was made aware that Lisa Chamlee was going to resign her position. He just had his last chemotherapy treatment, but he felt his obligation to the community and the citizens was to not shut the doors to the courthouse because no one was there. He was not sure logistically how that would work depending on the size of the calendar and the potential extra expense. June 22, 2022 32. For Possible Action Discussion and deliberation to declare Lisa Chamlee’s Justice of the Peace position vacant and determine whether to: 1) Fill the unexpired term (approximately two years) by appointment; or 2) Pass a resolution to hold a special election to fill the position for the unexpired term-Cont’d.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland; 5 yeas. TIMED ITEMS 6. 10:00 a.m. Presentation of certificates andlor plagues to nine employees honored for their years of service. Plaques and/or certificates were presented to the following County employees for their years of service: 5 Years: Arturo Gonzalez, Jr.; Erich Hall; William Triplett 10 Years: Samuel Charles; Connie Fos 15 Years: William Gray; Qiana Medici; Louise Mulvey; Tammy Williams 7. 10:00 am. For Possible Action Discussion and deliberation regarding the — — monthly statement of county treasurer pursuant to NRS 354.280 including receipts, balances in funds, money on deposit, outstanding checks, and cash on hand. Mark Kampf presented the monthly statements of the County Treasurer from January through March, 2022, discussing errors he had found and the changes he made to the report. Marianne Hollis thought a forensic audit needed to be done at this time which would show where the deficiencies were. June 22, 2022 8. 10:00 a.m. Presentation from Best in the Desert Racing Association regarding the Method Race Wheels “Casey Folks” Vegas to Reno on August 12, 2022. Daryl Folks, CEO and co-owner of Best in the Desert Racing Association as well as the oldest son of Casey Folks, and Jerry Parsons, race operations manager exterior, were present.

Mr. Folks

said the race had grown through the years and today it received national and international notoriety. This year’s race was approximately 500 miles starting at the Beatty Airport and finishing in Dayton, Nevada. This year’s event marked the 26 annual and was expected to have 375 to 400 vehicle entries. Along with those came 5,000 people as far as pit support, media, and racers. There were nine paved road crossings and they were in the final stage of the NDOT permit process. Mr. Folks estimated revenue expenditures of $10 million to $15 million with 80% spent within the five counties the race went through. He asked for the blessing of Nye County.

Commissioner Jabbour

said the biggest concern was the roads being returned to the condition they were found in.

Mr. Folks

advised the motor graders would start immediately after the race. 9. 10:00 a.m. For Possible Action Continued Public Hearing, discussion, and — — deliberation on WV-22-10: A Waiver of Nye County Code 17.06.040.F(2) to allow mariiuana to be grown outdoors, for MJ Distributing’s cultivation and production facility, located at 2215 E. Anvil Road, Amargosa Valley, NV. Assessor’s Parcel Number 019-181-02. Paris Balaouras I MJ Distributing C202, LLC I MJ Distributing P133, LLC Applicant. Assistant Planning Director Steve Osborne explained the applicant was asking for a waiver to allow 23 acres out of their 100-acre parcel to be outdoor cultivation. There were two options. One would have been to include the outdoor request with their special use permit, which they did not as they were asking for indoor only. The other option was to apply for the waiver, which they had done. There was one letter received in opposition to the waiver, which he believed was in the back-up, and that was the only comments received on the application.

Commissioner Jabbour

asked if the Cannabis Compliance Board (CCB) had been contacted to give an opinion on the 23 acres for outdoor growth.

Mr. Osborne

said they had been to the property, but he did not know if they had been contacted on the outdoor portion, although they would have to approve outdoor cultivation.

Commissioner Blundo

asked if hemp and marijuana smelled the same and what the difference between the plants were. June 22, 2022 9. 10:00 a.m. For Possible Action — — Continued Public Hearing, discussion, and deliberation on WV-22-1 0-Cont’d.

Mr. Osborne

said they did smell the same and the only difference was cannabis had THC in it. Hemp was also considered an agricultural product.

Commissioner Cox

cautioned that doing this may bring in other companies that wanted to expand their businesses in Pahrump to outdoor grows.

Commissioner Carbone

explained the Board was not entertaining any outside grows in the PRPD and anything there would be illegal. As far as the outdoor grow, Paris Balaouras explained it was the most efficient way to do this. They had done most of the things they said they were going to do and were just trying to do it bigger now. Amargosa was good to him so he wanted to come back. John Bosta, speaking as the vice chairman of the Town of Amargosa Valley, asked that his comments be included in the minutes [see Attachment 1]. The town was strongly opposed to MJ Distributing growing marijuana outdoors, which was made clear at the town board meeting. Joseph LaBossiere wanted more businesses where he lived and felt a faster system was needed in the County for businesses. Joe Burdzinski stated he was against any kind of outdoor growing of hemp or marijuana anywhere in Nye County. Joe Brezny, representing Care Leaf, and Claudia King, who did compliance for the State of Nevada for Care Leaf, spoke in opposition to the item just based on the proximity as there was no State requirement for distance. A 60-day continuance was being requested because part of this process was the Department of Agriculture doing the required determination of isolation specifically on this point. The continuance would allow the applicant to complete that process.

Commissioner Carbone

closed the public hearing.

Mr. Balaouras

stated the last speaker was from the company he had started. There was never cross contamination on the same property. As to the 60 day continuance, that was tricky. They were farming out there since it was the season and waiting 60 days would cost them the year.

Commissioner Blundo

said he was inclined to support the applicant. He saw no harm in approving it and if the State came back with something different that conversation could be had at that time.

Commissioner Jabbour

asked if there were plans to do anything with the indoor grow. June 22, 2022 9. 10:00 a.m. For Possible Action — — Continued Public Hearing, discussion, and deliberation on WV-22-10-Cont’d.

Mr. Balaouras

said absolutely. They already had the structures ready to grow. He explained there were delays because they had to get the COB back to re-inspect a couple of things, which should happen in the next week or so. He could get seeds to create clones very quickly, but delaying it even 30 days would make it more difficult to do it that way.

Commissioner Strickland

stated she was against outdoor grows and did not see any reason to allow them in the County at all. Also, the Department of Agriculture should determine distance first, not the Commissioners.

Commissioner Cox

also could not support outdoor grows.

Commissioner Jabbour

noted the vice chairman of the Amargosa Town Board stated the town was opposed to this issue. He did not believe the town was opposed to the issue but rather was opposed to what was presented to the town initially. Since this was a waiver request, he asked if it would be appropriate to ask them to go back before the Amargosa Town Board to re-present the project and the waiver, and then come back to the Board of County Commissioners.

Commissioner Strickland

thought that was appropriate, and Commissioner Cox said she could support that. Al Reasonover with MJ Holdings said he had a conversation two days ago with Mr. Bosta and he was adamantly against outdoor. There were five town board members and he was told one could not vote because he worked with them, one never showed up, Mr. Bosta was adamantly against it, and one guy always voted with him. Mr. Reasonover stated there was no choice but to go the Board of County Commissioners. He wondered what the difference was being a quarter mile away and said they were just asking for the Board’s blessing to move forward and continue doing what they had been doing for the last three years.

Commissioner Blundo

made a motion to approve the waiver; seconded by

Commissioner Blundo

said if the COB or any other State government entity had an issue this would be back before the Board.

Commissioner Cox

and Sam Merlino were not present. June 22, 2022 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2022-04: A Bill proposing to amend Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, by adding Chapter 17.13 entitled Special Use Permits, to establjsh land use and permitting requirements applicable to certain types of land uses including definitions, special uses requiring special use permits, applications, grounds for suspension and revocation, and time limitations; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the bill into the record.

Commissioner Carbone

said he wanted to continue this item until August 16, 2022, as he knew there were some issues stemming from it.

Commissioner Blundo

made a motion to continue this item to August 16, 2022, at 10:00 a.m.; seconded by Commissioner Strickland; 4 yeas. 11. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and — — deliberation to determine: 1) If a nuisance and safety issue still exists on the property; or 2) If there is no nuisance or safety issue associated with the property; and 3) Possible direction to staff to abate andlor remove the nuisance and safety conditions, for property located at 2831 E. Deadwood Street, Pahrump, NV. Assessor’s Parcel Number 041-061-07. Kenny Caceras and Denise Sida — Property Owner(s). Steve Osborne said the property was cleaned up and the house was boarded so he no longer believed a nuisance or safety issue existed. Code Compliance Officer Mark Gancarz said the property owner was in the audience earlier, but he had an emergency and had to leave. The property owner had a contractor who would go through engineering and the owner would have the home rebuilt. The owner had secured the home and removed a lot of junk and debris from it.

Commissioner Blundo

confirmed with Mr. Gancarz the nuisance was abated.

Commissioner Strickland

made a motion that a nuisance no longer existed on the property at 2831 E. Deadwood Street, Pahrump; seconded by Commissioner Blundo; 4 yeas. June 22, 2022 12. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation on ZCMP-22-1: An application for a Conforming Zone Change to change one (1) parcel totaling approximately 4.844 acres from Village Residential (VR-20) to Rural Homestead (RH-4.5) located at 401 W. Bunarch Road, Pahrump, NV. Assessor’s Parcel Number 029-642-18. Robert Sanchez OwnerlApplicant. Steve Osborne explained this item was continued from a couple of months ago because there were questions about code compliance issues on the property. The only current violation was the horses and if this zone change was approved that issue would be resolved. The property owner had a building permit to build a house ready to be issued and was just waiting on the zone change approval. Mark Gancarz echoed the comments made by Mr. Osborne. Robert Sanchez, the property owner, stated they did everything that was asked of them by Code Enforcement. He was waiting for the zone change because the animals were critical to them.

Commissioner Strickland

made a motion to approve ZCMP-22-1 based on the RPC’s recommendations and staff findings subject to all conditions outlined in the staff report; seconded by Commissioner Jabbour; 4 yeas. 13. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on ZCMP-22-5: An application for a Conforming Zone Change to change one (1) parcel totaling approximately 1.1 acres from Neighborhood Commercial (NC) to General Commercial (GC) on property located at 3760 E. Alfalfa Street, Pahrump, NV. Assessor’s Parcel Number 042-451-08. 3760 E. Alfalfa St Pahrump NV, LLC. — Property Owner. Red Apple Fireworks Applicant. Mark H. Fiorentino Agent. — — Steve Osborne advised this was heard by the RPC on May 11, 2022, with a vote of 6-0 to recommend approval. It was a conforming zone change, the purpose of which was to add the fourth parcel onto the Red Apple Fireworks permanent warehouse project. Mark Fiorentino, representing the applicant, thanked Mr. Osborne and staff for their patience in working on this item. The conditions were the same as the previous ones the Board approved. The applicant accepted them and had begun to comply with them already.

Commissioner Blundo

made a motion to approve with all the conditions of approval in the staff report; seconded by Commissioner Strickland; 4 yeas. June 22, 2022 14. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on ZCMP-22-7: An application for a Conforming Zone Change to change one (1) parcel totaling approximately 0.78 acres from Light Industrial (LI) to General Commercial (GC), located at 340 S. Emery Street, Pahrump, NV. Assessor’s Parcel Number 038-233-16. Dean Love Trustee Property Owner. Carolyn Walker — Applicant. Steve Osborne advised the existing adult super store was changing to a pawn shop, which required different zoning. This was approved by the RPC with a 6-0 vote. Adrian Chase, the son of the applicant and manager of the pawn shop, was present.

Commissioner Blundo

asked Mr. Chase if he was aware of the conditions.

Mr. Chase

said yes, including painting of the building and removal of a sign.

Commissioner Blundo

made a motion to approve with all conditions accepted; seconded by Commissioner Jabbour; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HEALTH 15. For Possible Action Discussion and deliberation regarding public health priorities for Nye County.

Dr. Daniel

Griffith said he was recently appointed the Nye County Health Officer and he was in front of the Board today to get direction as to what the priorities were and what he should focus on as he started on this endeavor.

Commissioner Carbone

said there were a lot of accidents and issues with teens and mid-aged individuals. He thought there were mental health issues that needed to be worked on.

Dr. Griffith

said he had absolutely seen that. Mental health was a huge issue being dealt with nationwide right now on top of opioid abuse and things like that. He had been in discussions with Lorina Dellinger and Health and Human Services Director Karyn Smith. Dr. Griffith pointed out part of the gun package was a lot of federal money for mental health and he thought setting up programs with that would be fantastic.

Commissioner Strickland

asked Dr. Griffith to look into supporting the health nurse as there was a gambit of things she could bring to rural Nye County.

Commissioner Blundo

said mental health seemed to be a recurring trend, but there was a lot under that umbrella. Dr. Griffith was getting a broad stroke from the Board at this June 22, 2022 15. For Possible Action Discussion and deliberation regarding public health priorities for Nye County-Cont’d. juncture and Commissioner Blundo looked forward to seeing what Dr. Griffith came back with.

Commissioner Jabbour

said he was glad to know Dr. Griffith had been reaching out to the professionals in search of what the needs were throughout the County and a list would be put together for him. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 16. 10:00 a.m. For Possible Action Presentation, discussion, and deliberation — — of the Fiscal Year 2022-2023 Lakeview Executive Golf Course Annual Plan. Aaron Hensley, Senior Operations Manager with Courseco, and Tanner Bown, General Manager of the Lakeview Golf Course, were present. Mr. Hensley discussed the unexpected flooding that the golf course endured last year and how that impacted its operations. He advised an advisory committee and a volunteer program had been established over the last year. He then presented the FY22-23 Lakeview Executive Golf Course annual plan, which included three capital project requests, the first two being pump station repairs at both the Willow Creek pump station that provided the water into the property and the on-site pump station at Lakeview which was used to get the water onto the golf course. One back-up pump completely failed so they were operating with only one pump. The secondary pump at the Willow Creek pump station was showing significant signs of failure. The third project was greens renovation. Mr. Hensley explained the number one issue at Lakeview that continued to be a source of concern was the condition of the greens over a 12-month period. He would not recommend doing the greens rebuild until the pump stations were operational.

Commissioner Blundo

was concerned that the golf course was still in the hole but was asking for projects.

Mr. Hensley

advised to help shrink the revenue shortfall they were proposing to raise fees this year.

Commissioner Carbone

asked if an item would come back for the capital projects or if they needed to be approved now. Savannah Rucker said the capital improvement plan was being worked on, which would include the requests from Courseco, and that should be brought to the Board in July, 2022. George Carey said he played at Lakeview for the last four years virtually every day. Recently he and his wife played four times a week because conditions had improved dramatically over the last four years, particularly in the last year. June 22, 2022 16. 10:00 a.m. For Possible Action Presentation, discussion, and deliberation — — of the Fiscal Year 2022-2023 Lakeview Executive Golf Course Annual Plan-Cont’d. Tim Bohannon expressed his concerns about the economics, the budget, and the “SWOT” analysis which noted the local population was 37,000. He did not see mention of tourists who came to the area who could get the word out. Herman Lewis hoped there would be an incentive program and a sanction program in the coming contracts so they had to make more out of it and cover the costs of the repairs or they would be sanctioned or potentially lose the contract. Lorraine Tout said she was not happy with the management last year and she worked there at the time. Since Mr. Hensley had come in along with Mr. Bown and the advisory committee she had seen an unbelievable change in the course and the attitude. She pointed out that people came in winter time and felt that needed to be promoted more.

Ms. Tout

also reminded the Board that the equipment was in poor shape when the County took the course over. Danny Packard echoed the comments made by Ms. Tout and Mr. Lewis. Courseco was a fine management company and he did not know what the Board’s expectation was when they took the course over. He asked the Board to give the course some kind of ability to get new equipment and have Courseco use their ability to get new leases on golf carts and maintenance equipment.

Commissioner Cox

suggested they contact the tourism board to see if they could help with advertisement and do some fundraisers. Tim Sutton was not present. SITTING AS THE NYE COUNTY BOARD OF HEALTH 15. For Possible Action Discussion and deliberation regarding public health priorities for Nye County-Reopened. This item was reopened for public comment and there was none. June 22, 2022 SITTING AS THE BOARD OF COUNTY COMMISSIONERS DISTRICT COURT

Commissioner Strickland

made a motion to rescind; seconded by Commissioner Jabbour.

Mrs. Dellinger

pointed out the Board needed to also approve the open position as a critical needs position.

Commissioner Strickland

amended her motion to rescind and approve the open position as a critical needs position; Commissioner Jabbour amended his second.

Commissioner Jabbour

asked Louise Mulvey if the individual who was under consideration before was the same individual under consideration for this contract, to which Mrs. Mulvey responded correct. Deputy District Attorney Bradley Richardson was present.

Commissioner Carbone

asked if this technology was being used in the larger counties.

Mrs. Stringer

said yes and this would bring Nye up to speed. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 17. For Possible Action Discussion and deliberation to: 1) Appoint two members to the Pahrump OHV Park Advisory Committee due to two vacancies from the following list of applicants: Matthew Mattoon and Loyce Seastrunk; or 2) Readvertise for the appointment.

Commissioner Strickland

made a motion to approve the two applicants to the term expiring July, 2025; seconded by Commissioner Cox; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 18. For Possible Action Discussion and deliberation to approve the purchase of fireworks for the Beatty 2022 4th of July celebration in the amount of $14,000.00 from Lantis with $7,000.00 to be funded from Beatty Volunteer Fire Department and $7000.00 to be funded by Town Tourism within Beatty Town General Fund 24220.

Commissioner Jabbour

made a motion to approve as written; seconded by

Commissioner Blundo

; 5 yeas. June 22, 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. 19. For Possible Action Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens.

Commissioner Blundo

made a motion to approve item 19-24; seconded by

Commissioner Strickland

; 5 yeas. 20. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in September for Tuesday, September 20, 2022, in Pahrump, NV.

Commissioner Blundo

made a motion to approve item 19-24; seconded by

Commissioner Strickland

; 5 yeas. 21. For Possible Action Discussion and deliberation regarding meeting minutes from the special loint meeting on April 20, 2022.

Commissioner Blundo

made a motion to approve item 19-24; seconded by

Commissioner Strickland

; 5 yeas. June 22, 2022 22. For Possible Action Approval of Assessor’s Office Change Requests to allow the Nye County AssessorlTreasurer to process and: 1) Issue an amended tax bill in the amount of $0.00 to Mac’s Hair Shack, former business entity no longer operating in Nye County, Equipment Account Number EQI 03436. 2) Issue an amended tax bill in the amount of $0.00 to the Town of Pahrump, owner of 700 5. Raindance Dr., Pahrump, NV, Assessor’s Parcel Number 038-252-10. 3) Issue an amended tax bill in the amount of $0.00 to the Town of Pahrump, owner of 690 S. Raindance Dr., Pahrump, NV, Assessor’s Parcel Number 038-252-09. 4) Issue an amended tax bill in the amount of $0.00 to the Town of Pahrump, owner of 680 S. Raindance Dr., Pahrump, NV, Assessor’s Parcel Number 038-252-08. 5) Issue an amended tax bill in the amount of $0.00 to the Town of Pahrump, owner of 670 5. Raindance Dr., Pahrump, NV, Assessor’s Parcel Number 038-252-07. 6) Issue an amended tax bill in the amount of $0.00 to AUGOLDS, Inc., owner of 2080 E. Weber Way, Pahrump, NV, Assessor’s Parcel Number 041-311 - 17. 7) Issue an amended tax bill in the amount of $0.00 to AUGOLDS, Inc., owner of 2091 E. Weber Way, Pahrump, NV, Assessor’s Parcel Number 041 -311- 18. 8) Issue an amended tax bill in the amount of $0.00 to AUGOLDS, Inc., owner of 1700 E. Dolores St., Pahrump, NV, Assessor’s Parcel Number 041 -342-1 5.

Commissioner Blundo

made a motion to approve item 19-24; seconded by

Commissioner Strickland

; 5 yeas. 23. For Possible Action Approval to: 1) Accept the Interlocal Contract Between Public Agencies with the Department of Health and Human Services Division of Welfare and Supportive Services for 4 years (July 1, 2022, through June 30, 2026), wherein Nye County Health and Human Services serves as an intake site for State Energy Assistance Program Applications. There is no funding associated with this contract; and 2) Execute the lnterlocal Contract.

Commissioner Blundo

made a motion to approve item 19-24; seconded by

Commissioner Strickland

; 5 yeas. June 22, 2022 24. For Possible Action Approval to: 1) Accept the SFY 2022 Notice of SubAward (NOSA) Amendment I from Aging and Disability Services Division (ADSD) in the amount of $29,386.42 to provide senior transportation services in Beatty, Gabbs, Smoky Valley and Tonopah in Nye County, as well as long- distance medical transportation providing non-emergency medical rides to larger cities. Matching funds of $4,408.00 are budgeted and will be met by our contract with Medical Transportation Management, Inc. (MTM) and by the Nevada Department of Transportation (NDOT) 531 I Fuel Grant; 2) Fund $29,386.42 from 10281 Senior Nutrition, and $4,408.00 from 10101 General Fund; and 3) Execute the Subaward.

Commissioner Blundo

made a motion to approve item 19-24; seconded by

Commissioner Strickland

; 5 yeas. BOARD OF COMMISSIONERS 26. For Possible Action Closure of meeting, pursuant to NRS 241 .015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 27. Closed meeting, pursuant to NRS 241.015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 28. For Possible Action Discussion and deliberation on conference with legal counsel regarding potential or current litigation presented in closed meeting. This item was removed from the agenda. 29. 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. 30. 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. June 22, 2022 31. 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. 33. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or deny a modification to Section 5 Payment for Services for Public Defender Services between Nye County and Jason Earnest by increasing the full compensation to One Hundred Seventy-Five Thousand Dollars ($175,000.00); and 2) Execute the Second Amendment to the contract. 34. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or deny a modification to Section 5 Payment for Services for Public Defender Services between Nye County and Nathan L. Gent, PLLC by increasing the full compensation to One Hundred Seventy-Five Thousand Dollars ($175,000.00); and 2) Execute the Second Amendment to the contract. 35. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or deny a modification to Section 5 Payment for Services for Public Defender Services between Nye County and Ronni Boskovich, PLLC by increasing the full compensation to One Hundred Seventy-Five Thousand Dollars ($175,000.00); and 2) Execute the Second Amendment to the contract.

Commissioner Strickland

made a motion to approve the modification to Section 5, Payment for Services for the Public Defenders, and execute the second amendment; seconded by Commissioner Blundo.

Commissioner Cox

asked if there were five public defenders.

Mrs. Dellinger

said there were five contracts. Two would open July 1, 2022, and were being advertised.

Commissioner Strickland

made a motion to direct the Clerk to set the public hearing for July 19, 2022; seconded by Commissioner Blundo; 5 yeas. DISTRICT ATTORNEY 38. For Possible Action Discussion and deliberation to accept or reject “Amendment No. 2 to the “One Nevada Agreement on Allocation of Opioid Recoveries” Agreement to amend Section B Paragraph 3 of the Agreement to provide that unless otherwise directed by court order, the State of Nevada shall receive any Recoveries described in the Agreement, divide the Recoveries in accordance with the Agreement and all Amendments thereto, calculate payments to the Local Governments, calculate attorney’s fees for all Local Governments pursuant to the Local Governments’ applicable contingency fee agreements with their Counselor in accordance with Amendment No. I where it applies, and remit payments to Local Governments and attorneys’ fees to the appropriate Counsel on behalf of the Local Governments.

Commissioner Strickland

made a motion to accept Amendment No. 2; seconded by

Commissioner Blundo

; 5 yeas. SHERIFF 39. For Possible Action Discussion and deliberation to issue a Display Fireworks Event Permit to the Beatty Volunteer Fire Department for an Aerial Display for their Annual Fourth of July Event on Monday, July 4, 2022. This event is being held at Cotton Wood Park in Beatty, NV. Applicant-Mike Harmon.

Commissioner Jabbour

made a motion to approve as written; seconded by

Commissioner Blundo

; 5 yeas. PUBLIC ADMINISTRATOR 41. Presentation regarding the quarterly report from the Public Administrator on deceased person cases that are open, closed, pending, NCPA Creditor Claims, non-cases or cases that have been turned over to family. Public Administrator Ginger Stumne was present for any questions and her report was in the back-up June 22, 2022 COUNTY MANAGER

Commissioner Blundo

made a motion to adopt Resolution No. 2022-23; seconded by

Commissioner Strickland

. Mark Fiorentino, representing the Chapman Family Trust, provided the history of their involvement at the senior center. The senior center needed repairs, so as they had done in the past the family was willing to step up and make those improvements, but it was important and necessary to them that since they were going to make improvements to the land and building that they owned the land. They were working with the senior center to have them transfer the land to the Chapman Family Trust for two things that the trust make the improvements and the trust enter into a 99-year lease at a $1 .00 a year. Mr. Fiorentino said nothing would change at the senior center. They would just operate under a lease agreement instead of owning the property, and the resolution was to start the process.

Commissioner Strickland

disclosed she was a licensed real estate broker, but she had no pecuniary interest in this item.

Commissioner Blundo

disclosed in an abundance of caution his wife did some volunteer work to help the group now purchasing it, but he had no pecuniary interest in this item contrary to popular belief.

Commissioner Blundo

made a motion to adopt Nye County Resolution No. 2022-24; seconded by Commissioner Strickland. Lorina Dellinger confirmed the $2.6 million was received.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland.

Commissioner Blundo

said he would like to see more assistance for people in the community with homeownership and asked Nevada Rural Housing Authority to do whatever they could do to bridge that gap. Tim Bohannon said this was definitely a very positive thing for the community and he would like to see more information on the Section 8 component.

Commissioner Blundo

asked what being a cooperating agency entailed.

Mr. Pay

explained it gave the County the opportunity to review the environmental documents prior to public review.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland. June 22, 2022 46. For Possible Action Discussion and deliberation to consider participating as a Cooperating Agency to the Bureau of Land Management (BLM) during the environmental analysis for the proposed construction and operation of an approximately 450-mile-long buried fiber optic line spanning from Reno to Las Vegas, NV-Cont’d. John Bosta asked how this involved the Town of Amargosa because the highway went through the community. He also asked if the town would be able to access the line and use it, and if Tonopah was aware of it.

Commissioner Carbone

explained that was why Natural Resources Director Lorinda Wichman would ask the questions and be a cooperating party. No one knew anymore than what the item stated.

Mrs. Wichman

suggested Mr. Bosta fill out the paperwork and have the town become a cooperating agency as well. She and Mr. Pay had nothing to do with how this was operated other than monitoring and providing expertise on what was happening on the public lands. Tim Bohannon wondered if the public would have opportunities that could be further leveraged.

Commissioner Jabbour

asked if this would replace what was running from Las Vegas to Reno right now.

Mrs. Wichman

said no, but the County had been offered the opportunity to apply for and ask for cooperating status in order to be involved and at that table. Once this letter was received an MOU should be sent back outlining the County’s responsibilities. Until that point nothing was known other than it was 450 miles of fiber optic.

Mr. Pay

added it was a brand new fiber optic line which tied into Enterprise in southern Las Vegas and went to Reno. It would be in addition to what was existing.

Commissioner Jabbour

said when Mrs. Wichman started 14 months ago she started as part-time. He knew she had been all over the place and presented some of the work she had been doing. He asked if she was still working part-time.

Mrs. Wichman

said no, but she tried to. She communicated with the County Manager three or four times a week as to whether she should stop working or if he wanted the job done. Based on the issues and what was at stake for the County he approved what she was working on every week. It had morphed into a full-time job plus, which was another reason for this request.

Commissioner Jabbour

asked if the money was available to do this. Savannah Rucker explained the funding sources utilized to pay Mrs. Giampaoli’s contract previously would be used so it was no cost to the County.

Commissioner Blundo

made a motion to approve the position; seconded by

Commissioner Cox

asked if there was any chance this needed to go out to bid. Lorina Dellinger said it would be an NCEA represented position so it would be advertised for ten days.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland; 5 yeas.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland; 5 yeas.

Commissioner Strickland

made a motion to set the date for July 5, 2022, and the time as 10:00 am.; seconded by Commissioner Jabbour; 5 yeas.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Blundo; 5 yeas.

Commissioner Jabbour

made a motion to approve as written; seconded by

Commissioner Strickland

advised the Public Lands Committee and the OHV Committee supported this and would send their letters later. June 22, 2022 52. For Possible Action Discussion, deliberation and possible action to Staff to: 1) Send a letter to the Bureau of Land Management (BLM) in support of their application for the Off-Highway Vehicle (OHV) Grant provided through the Nevada Department of Conservation and Natural Resources; and 2) Provide the BLM access to the Nye County gravel pit for use in developing one mile of dedicated gravel road to the Big Dune picnic area located in Nye County-Cont’d.

Commissioner Jabbour

said he heard from the chair of the Amargosa Town Board that they were in support of this as well. Robert Adams asked the Board to support the item.

Commissioner Strickland

disclosed she was a real estate broker, but she had no pecuniary interest in this item. Steve Osborne explained this property was part of the Adaven Management Development Agreement adopted by the Board in 2005 and did not expire until 2029. The agreement allowed for 5,160 homes and the 246 homes on this tentative map were part of those. He confirmed they had the water rights for this.

Commissioner Jabbour

pointed out the water supply and sewage disposal was proposed to be provided to the lots by Pahrump Valley Utilities. He asked if proposed meant it was already settled and they had the water rights and everything in place for this development.

Mr. Osborne

said they were proposing to connect to the Pahrump Utility Company water system. When they came back with the final map all of that would have to be verified by DWR and NDEP and the map signed by them. He understood they had the water rights, but that would go to DWR for verification. Mark Fiorentino, representing Richmond American, the proposed developer of the homes, was present for questions.

Commissioner Blundo

asked if this was on a 3:1 dedication. June 22, 2022 53. For Possible Action Discussion, and deliberation to approve a Tentative Map for Beckham Heights Subdivision, creating two-hundred and forty-six (246) residential lots on property zoned Specific Plan (SP), each residential lot containing an average of 5,639 square feet; Maximum lot size is 7,320 sq ft and Minimum lot size is 5,490 sq ft. Assessor’s Parcel Numbers 045-121-08 and 045- 121-09. Manse Road Properties, LLC Owner. Eric Hopkins, Kimley-Horn — — AgentlApplicant-Cont’d.

Mr. Fiorentino

said it was on the dedication required by the service rules of the Pahrump Utility, so he believed the answer was yes. Also, as far as he understood the water rights were committed to be dedicated as soon as they hooked into the system. Tim Bohannon knew an agreement was in place, but it seemed like the square footage per lot was extremely low and asked if that was the direction the County wanted to go.

Commissioner Carbone

said that was not the direction, but the County was locked in because of a prior Commission. John Bosta understood that at the time the Adaven project terminated half of the land went to BLM and the water rights eventually went to Mountain Falls. The matter went all the way to the Supreme Court, which opined water rights under the status of PER was real property and could be bought and sold. Mr. Bosta believed approximately nine months ago the State Engineer forfeited the water rights that went to Mountain Falls. The question was if the water rights had been dedicated to the Pahrump Utility Company. Nobody had really stated what the water rights were and everyone said that would be determined when the State Engineer signed the final agreement.

Mr. Fiorentino

explained the developer could not proceed with the final map without the State Engineer ensuring they had dedicated existing, unexpired water rights.

Commissioner Strickland

made a motion to approve the tentative map; seconded by

Commissioner Blundo

; 4 yeas. Commissioner Cox voted nay. PUBLIC WORKS

Commissioner Blundo

made a motion to award Bid No. 2022-05, Blagg Paving and Overlay Project, to Las Vegas Paving in the amount of $489,604.00 and execute the contract; seconded by Commissioner Jabbour. June 22, 2022 54. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid No. 2022-05 Blagg Paving and Overlay Project; 2) Award Bid No. 2022-05 Blagq Paving and Overlay Project to Las Vegas Paving in the amount of $489,604.00 or Wulfenstein Construction Co, Inc. in the amount of $521,030.15; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund from 10205 Roads; 5) Reject bid and provide direction to staff on how to proceed with the prolect-Cont’d. Public Works Director Tom Boiling confirmed Las Vegas Paving was the most responsive bidder.

Commissioner Cox

wondered if Wulfenstein was offering something Las Vegas Paving was not. She was concerned about change orders for things that Las Vegas Paving did not include in the bid.

Mr. Boiling

explained the only time there was a change order was if the County changed something.

Commissioner Blundo

made a motion to accept; seconded by Commissioner Strickland; 5 yeas.

Commissioner Strickland

made a motion to accept; seconded by Commissioner Biundo. June 22, 2022 56. For Possible Action Discussion and deliberation to accept an offer of dedication for road right-of-way being a 6,980 square foot Utility and Right-of-Way dedication for South Eberhard Road, a portion of Assessor’s Parcel Number 047- 041-08 as described on Exhibit A and depicted on Exhibit B from Adaven Management, INC and designate South Eberhard Road as a “Minor County Road” (rejecting maintenance) for the purpose of future road improvements fronting the property located at 6200 South Nevada Highway 160, Pahrump, Nevada, Assessor’s Parcel Number 047-041-08-Cont’d.

Commissioner Strickland

amended her motion to accept and designate S. Eberhard Road as a minor County road rejecting the maintenance; Commissioner Blundo amended his second. John Bosta said in the Las Vegas area when a subdivider wanted to put in a subdivision they also had to build the road. He asked why Nye accepted only easements instead of having them develop and build the road. Tom BoIling explained it had been past practice to make them develop roads that were immediately around the subdivision. They also had to do contributions to any roadway, intersection or improvements that needed to happen. A lot of times the County did not own the properties that needed improvements and until the County got the right-of-way they could not force them to do it.

Commissioner Blundo

made a motion to accept and to designate S. Eberhard Road as a minor County road rejecting maintenance; seconded by Commissioner Jabbour; 5 yeas. __________day June 22, 2022

Commissioner Strickland

said back when there were a whole bunch of development agreements there was a nice map of the entire Pahrump basin which showed the developments. She asked Steve Osborne to produce one of those and provide the termination dates of the development agreements.

Commissioner Carbone

said those agreements needed to be gone through again to see if there were some deficiencies since in 2005 there was a totally different thought on where to get water. He would like to sit down with the District Attorney’s Office.

Commissioner Blundo

stated Tim Sutton sent an e-mail to all of the candidates regarding the situation at the election on town property. He felt Mr. Sutton went outside the scope of his authority, which did not sit well with him. It also did not sit well with him that no one else saw that and realized he could not do what he did. Commissioner Blundo was considering bringing an item to make some changes.

Commissioner Jabbour

reminded people to protect their children, conserve their water, and spay/neuter their pets. Tom Boiling advised the NDOT Highway 160 improvements had been pushed back to July 11,2022.

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of_______________________ 2022.

Chair Nye

Coilnty Clerk / Deputy I request that my comments are reflected in the minutes and I submit a copy of my prepared written remarks for inclusion in the minutes Thank you for the opportunity to comment on WV-22-1O: A Waiver of Nye County Code 17.06.040.F(2) to allow marijuana to be grown outdoors, for Mi Distributing’s cultivation and production facility, located at 2215 E. Anvil Road, Amargosa Valley, NV. Assessor’s Parcel Number 019-181-02. The Amargoas Valley Board is strongly opposed to Mi Distributing growing marijuana outdoors. Timeline for SU-2021-000072 December 10, 2020 Mi HOLDINGS, INC filed a Form 10-K, an Annual Report to section 13 or 15(s) of the Securities Exchange Act of 1934. with the Unites States Securities and Exchange Commission. April 2, 2019 Mi HOLDINGS, INC. executed a Membership Interest Purchase Agreement (“MIPA”) with Mi Distributing, Inc. (the “Seller”) to acquire all of the outstanding membership interests of Mi Distributing C202, LLC and Mi Distributing P133, LLC, each the holder of a State of Nevada provisional medical and recreational cultivation license and a provisional medical and recreational production license. April 19, 2021 a Stop Work On This lob for Unpermitted Structures was posted on the fence at 2215 E. Anvil Road. Structures other than 1,250 square foot building on the site SU-2021-000072. July 7, 2020 B0CC Item 13: SU-2021-000072: An application for a Special Use Permit to allow a marijuana establishment (cultivation and production), to change location from 3171 E. Tiliman Street, Pahrump, NV to 2215 E. Anvil Road, Amargosa Valley, NV. Assessor’s Parcel Number 019-181-02. Farm Road, LLC. — Property Owner. Adam R. Fulton, Esq., agent for Mi Distributing C202, LLC. and Mi Distributing P 133, LLC. —Agent/Applicant: MANDATORY CONDITIONS OF APPROVAL: 8. All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed facility. July 22, 2021 Amargosa Valley Town Board Agenda Item 11. For Possible Action- Discussion and deliberation move a SPECIAL USE PERMIT from Pahrump to Amargosa Valley in behalf of MJ Distribution for application to the BOCC for Cannabis Cultivation and Production located at 2215 E Anvil Road Amargosa Valley, NV 89020. The Board approved to place a 1,250 square foot building on the site, of which 245 sq. ft. would be used for production and 333 sq. ft. only. This building would be used for cultivation indoor only. At this meeting the Board was strongly opposed to Mi Distributing growing mariluana outdoors. July 29, 2021 Amargosa Valley Board’s Approval letter is attached herewith. The letter includes the minutes the slide presentation by Mr. Balaouras. The sixth side: The odor. We will be growing indoor and we will have greenhouses where we can mitigate some of the odor. After the slide presentation the Board’s discussion and deliberation stressed that only the moving and placing the building located at 2215 Anvil Road for the indoor cultivation and production was included in the action. August 17, 2021 B0CC Item 13: SU-2021-000072: An application to amend a Special Use Permit to allow a marijuana establishment (cultivation and production), to change location from 3171 E. Tillman Street, Pahrump, NV, to 2215 E. Anvil Road, Amargosa Valley, NV. Assessor’s Parcel Number 019-181-02. Farm Road, LLC. — Property Owner. Adam R. Fulton, Esq., agent for Mi Distributing C202, LLC. and Mi Distributing P 133, LLC. Agent/Applicant. 1 ATTACHMENT 1 MANDATORY CON IMTIONS OF APPROVAL: 8. All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed n an enclosed facility. The applicant requested, and was approved, to place a 1,250 square foot building on the site, of which 245 sq. ft. would be used for production and 333 sq. ft. would be used for cultivation. October 19, 2021 BoCC Item 36: Nye County Bill No. 2021-09: A Bill proposing to amend Nye County Code Chapter 17.06 titled “Marijuana Establishments; Zoning Requirements,” by amending Section 17.06.020, titled Definitions, and amending Section 17.06.040, titled Requirement to Obtain a Special Use Permit, to include a requirement to obtain a written letter in support of, or in opposition to, the mariiuana establishment by the elected or advisory Town Board prior to submittal of a Special Use Permit application; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto.

Commissioner Carbone

made a motion to adopt Nye County Bill No. 2021-09, with an effective date of November 8, 2021; seconded by Commissioner Jabbour: 4 yeas. Commissioner Blundo voted nay. September 22, 2021, the Cannabis Compliance Board conducted a change of location site inspection/audit of the facility located at 2215 Anvil Road, NV, Certificate #08705048067480042809, license #07793712489874595708. The facility is approved to operate inside small portable unit only at this time. Future expansions must be submitted for approval prior to expanding operations. June 7. 2022 B0CC Item 36: To approve applications for Cannabis Business Licenses CBL-21-147 (Adult Use Cultivation), CBL-21-148 (Adult Use Production), CBL-21-149 (Medical Production), and CBL-21-150 (Medical Cultivation), for Mi Distributing, LLC, located at 2215 E. Anvil Road, Amargosa Valley, NV. Assessor’s Parcel Number 019-181-02. Mi Distributing C202, LLC / Mi Distributing P 133, LLC— Applicant. Mike Cottingim, Operations Manager — Agent.