April 16, 2024

Commissioner Cox

and Brian Kunzi were not present at this time.

Commissioner Cox

was present. Diane Southworth provided community outreach updates as well as information on programs available in the community. Jason Mann, CEO of the Pahrump Animal Protection Association, said they had been trying to educate the people of Pahrump about citizen citations for animals at-large, which was a huge problem. They offered an evaluation of people’s property and would help secure the property to ensure it did not keep happening with no charge but materials. Mr. Mann said he had recently received information that Animal Control was writing tickets, but they were not being prosecuted. He spoke with the District Attorney months ago and was told that if it came across his desk he would prosecute. Mr. Mann asked the Board to make this a priority in the new bill. Brian Kunzi was present. Darryl Lackey thought a task force should be created to look into what happened to the County’s money and where it was going. Erika Gerling thanked the Commissioners on behalf of the Beatty Town Advisory Board for funding their electricity project at Town Square. She then listed the various activities that would occur in Beatty over the next couple of weeks. Priscilla Lane talked about the stuff sprayed into the sky to change the weather and how Tennessee passed Bill 2691 to stop all spraying in the state. She thought that was something the County should consider doing. She then spoke about an article written by William Simpson II, who had proven time and time again how the wild horses were beneficial to the environment and managed to keep the fire hazards down. Michael David Garcia thought the task force was a good idea because checks and balances for government’s abuse of power and neglect of constitutional duties was needed. Tim Bohannon said he commented at the Regional Planning Commission meeting that growth should be done economically to make sure the bills could be paid. He had seen an economic task work very effectively back east. Carolene Logue felt the Pahrump Town Board should be re-established so the people had a place for their voices to be heard within Nye County. April 16, 2024

Commissioner Cox

said she totally agreed with what Tennessee did and did not see any reason why it could not be done here. She asked staff to look into it. She also asked people to stop spraying their weeds if they had flowers on them as the spray would kill the bees. As to the budget, Commissioner Cox said people only came to part of the meeting so they did not hear everything and made up issues. She encouraged people to stay for the budget items instead of condemning the Commissioners. There was a great budget explanation from the Comptroller last time. It was the end of the budget year and everything always ran a little bit behind. Commissioner Cox then told

Mr. Garcia

she still wanted to talk to him.

Commissioner Jabbour

said there was already an economic development committee so he did not see the need to create a new task force. He announced there would be a 40th anniversary celebration for Ash Meadows on Saturday and encouraged everyone to attend.

Commissioner Carbone

believed the County Manager was looking at a local economic task force. He told Mr. Mann he appreciated the information he provided. The shelter manager was very aware of the situation and he believed she was on top of it.

Commissioner Carbone

then advised that this weekend there would be an Earth Day event at Petrack Park.

Commissioner Strickland

said the Bureau of Land Management had provided the County with the fencing materials for Roadrunner. A volunteer list was being put together and the plan was to put the fences back up the third or fourth weekend in May, 2024. She reminded the public to stop feeding and watering the horses and burros as that was the main problem. Helen Bae said the budget workshop would be on April 30, 2024, and would continue on May 2, 2024, if it went long. The final budget hearing was set for the second meeting in May, 2024. Animal Shelter Manager Kristy Siegmund said they had just finished their Spring a Pet event and there were 11 adoptions during that 10-day period. The Animal Control Officer (ACO) schedule she mentioned at the last Commission meeting was now in full effect. There was more presence, more education, and more officers covering a larger span of time. She explained the process for people to call an ACO after hours. Ms. Siegmund said they had signed a contract with a credit card company and would have credit card access next month. She spoke about the need for volunteers as the shelter was at capacity and encouraged people to fill out an application. She said in March, 2024, 70 animals came into the shelter, 47 of which were strays or animals running at- April 16, 2024 announcements, brief discussions of public comments, correction of factual inaccuracies, direction to staff, or topics proposed for future board meetings. Lengthy deliberation of topics not on the agenda is prohibited by the Nevada Open Meeting Law). large. She asked people who had holes in their fences to reach out for assistance to repair them to reduce the number of strays and animals running at-large.

Commissioner Boskovich

asked if the license holders did nothing regarding the requests made.

Mr. Waaaoner

said at the time of the show cause hearina in December, 2023 the licensee had mentioned they were getting plants into the facility and needed more time to get operational. To his knowledge at this point and according to some evidence he believed they would present that had not happened for a multitude of reasons. Rick Saga, the representative and P00 for Nye Farm Tech LTD, and his financial partner, Mark Miyaoka, were present.

Commissioner Strickland

said this was a continuation of show cause hearing. At this time the licensee could make statements, call witnesses, introduce exhibits relevant to the issues of the show cause hearing, and offer rebuttal evidence. As to the December, 2023, report that was due, Mr. Saga said he had been working with Miss Celeste. It took time because he did not understand how to handle the report. They had been in compliance with the State reports, but there were medical reports to be filed separately which he was not aware of. After the last meeting, Mr. Saga immediately ordered the clones as he had said he would. He spoke with Tabitha Burns at the Cannabis Control Board (COB) and told her he would like to restart the facility right away because he had the clones. Ms. Burns initiated a first audit, which was done. At this time Mr. Saga and Mr. Miyaoka were sworn in by the Clerk. April 16, 2024 - — — and deliberation to determine if there is sufficient cause to revoke: 7.a. Adult-Use Cannabis License (Cultivation) CBL-23-30; and 7.b. Medical Cannabis License (Cultivation) CBL-23-31; located at 5400 N. Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-311-13. Diversified Development Group Property Owner. Rick Saga I Nye Farm Tech, LTD Licensee.

Mr. Saga

said they had two licenses, one medical and one recreational, and he did all of his filings with the recreational not understanding that medical had to be done separately, which Miss Celeste helped him with. After the Commission meeting in December, 2023, he sent an e-mail to Tabitha Burns at the CCB advising them he was going to restart the facility and clones would be coming. She advised him to have the clones wait for two weeks until they did their first inspection, which occurred in January, 2024. He was approved for everything in March, 2024. The CCB did a metric audit and found some deficiencies from the previous year which had not been corrected, which

Mr. Saga

was in the process of correcting. He included the letter he received from the CCB with the file he presented to the Commissioners and Planning. The letter also indicated that he would not be allowed to do any kind of grow until and unless all the partners who were above 5% had their agent cards active. Two of the partners had not done that for two or three years. One of them, Dark Flowers, was only 6% so they did not care too much about that and let him do it since she could not be found. His other partner, Sophie Ideker, also did not do the agent renewal and he had been trying to contact her for the last year Mr. Saga said thv wr r. irrntki in,nIwd in over that. Additionally, Ms. Ideker had renounced her 38.5% in 2018, but she was not filing the transfer papers so he was stuck. Mr. Saga said he was at the mercy of the Commissioners, but he had been completely approved by the State.

Commissioner Jabbour

asked how long Mr. Saga had the licenses, to which Mr. Saga responded since 2014 with medical and since 2018 with the recreational.

Commissioner Jabbour

said when Mr. Saga appeared before the Board in December, 2023, he promised that he would comply and do what he was asked to do.

Commissioner Jabbour

said he had a hard time wrapping his head around Mr. Saga not understanding how to proceed with the process of filling out paperwork. He asked Mr. Saga to help him understand that.

Mr. Saga

said in 2014 the first medical license was given to Dark Flowers and it ended up in the bankruptcy court. They fought rigorously for three years and in 2018 they were allowed to open the place as a medical facility and it was later converted to add a recreational cultivation license. He did not realize he had to do the medical because they were given orders by the State that this year the medical license would go away and only recreational would stay. Mr. Saga said Miss Celeste told him he had to still do the medical separately, which he did, but he did not understand how she was asking him to upload the documents so it was just a technical error. April 16, 2024 - — — and deliberation to determine if there is sufficient cause to revoke: 7.a. Adult-Use Cannabis License (Cultivation) CBL-23-30; and 7.b. Medical Cannabis License (Cultivation) CBL-23-31; located at 5400 N. Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-311-13. Diversified Development Group Property Owner. Rick Saga I Nye Farm Tech, LTD Licensee.

Commissioner Jabbour

asked Mr. Saga if he was up to date with the County taxes.

Mr. Saga

said they paid in January, 2024, but had not paid this quarter because he did not know what the Commissioners’ decision would be.

Commissioner Carbone

felt bad they had such a rough time moving their product along and getting their process in place. They were spending millions of dollars but not reaping any benefit from it. He did not think moving forward was in Mr. Saga’s best interest and asked Mr. Saga why he thought it was.

Mr. Saga

explained this was an unlimited license, which was very rare. It was more valuable to them because it gave them the power to produce marijuana and the cannabis plants in abundance.

Commissioner Boskovich

said in December, 2023, Mr. Saga asked for a specific amount of time and said that would be enough. He wondered how many tax dollars the County had received since 2014.

Mr. Saga

said it was not very much.

Commissioner Boskovich

asked Mr. Saga if any of his licenses in Nye County were marketed for sale to anyone.

Mr. Saga

said he had not done that, although he had received offers.

Commissioner Boskovich

felt Mr. Saga was blaming the situation on everyone else.

Commissioner Strickland

asked Mr. Saga why his lawyer was not present.

Mr. Saga

did not think he needed an attorney to come and explain himself to the Board.

Commissioner Cox

did not understand how Mr. Saga could invest millions of dollars into this business but not be able to pay his assessment tax.

Mr. Saga

said one assessment tax was a complete overlook. It was the personal property tax that he had not paid and he apologized for that. April 16, 2024 - — — and deliberation to determine if there is sufficient cause to revoke: 7.a. Adult-Use Cannabis License (Cultivation) CBL-23-30; and 7.b. Medical Cannabis License (Cultivation) CBL-23-31; located at 5400 N. Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-311-1 3. Diversified Development Group Property Owner. Rick Saga I Nye Farm Tech, LTD Licensee.

Commissioner Cox

said her quandary was there were people who could be making use of this license that Mr. Saga was holding up and not contributing to anybody.

Mr. Saga

said that would be true if he sold the license, but that was not allowed when one partner did not have any active agent card. He said he was willing to look into that situation and find a buyer if the Commissioners wanted him to.

Commissioner Carbone

asked Mr. Miyaoka if he was willing to continue spending the money.

Mr. Miyaoka

said he would like to see a sale to someone with experience, but unfortunately they had not been able to do that because of Ms. Ideker not transferring the shares and not renewing the agent card. There were people interested in it.

Commissioner Strickland

asked Mr. Waggoner if this license was suspended or revoked would the State license still exist or would it ao away as well.

Mr. Waggoner

was not 100% sure, but he believed the requirement for a State license was the local license had to remain current.

Commissioner Strickland

asked Brian Kunzi if a condition of this could be that the State license must be sold because the County would lose this license and it would not be replaced.

Mr. Kunzi

did not know if that was accurate, but he said it was a significant point and suggested continuing this so he could research whether the County would lose that license.

Commissioner Jabbour

said it was going to be his recommendation to suspend the license rather than revoke it, but he was fine with the continuance. However, he believed that would prohibit Mr. Saga from moving forward with the cloning and bringing in the clones as he had indicated.

Mr. Saga

said there was a similar issue with the Green Valley license. Two people passed away and the license was suspended, but the State allowed them to sell it so the license was not lost. As to a continuation, Mr. Saga said he would update the Planning Department every day or weekly. April 16, 2024 - — — and deliberation to determine if there is sufficient cause to revoke: 7.a. Adult-Use Cannabis License (Cultivation) CBL-23-30; and 7.b. Medical Cannabis License (Cultivation) CBL-23-31; located at 5400 N. Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-311-13. Diversified Development Group Property Owner. Rick Saga I Nye Farm Tech, LTD Licensee.

Mr. Kunzi

said either way a suspension or continuance was appropriate. He did not think a suspension would have an adverse impact, but it was up to the Board.

Mr. Waggoner

advised the third and fourth installments of property taxes were due. There was also still an outstanding report due to Planning for December, 2023, for the adult use so Mr. Saga needed to get that rectified.

Commissioner Strickland

closed the show cause hearing. Tim Bohannon did not think there was enough information provided for the Board to decide today whether to revoke or suspend. Walt Turner said Mr. Saga mentioned that if he lost the license and another one was allowed it would have different terms and asked the Board to just to keep that in mind when the item came back.

Commissioner Strickland

said pursuant to Nye County Code 5.32.097 the Board shall: 1. Consider all the evidence and testimony in support of and in opposition to the charges. 2. Enter in the minutes of the Board the findings, conclusions, decisions, and actions taken by the Board. Any sanctions imposed upon a licensee or employee by the Board may include expenses and costs of the proceedings. 3. Notice of the Board’s findings, decisions, and order shall be served upon the licensee or posted upon the premises of the licensed operation. 4. Any suspension or revocation of a license shall be effective upon service or posting notice of the same. 5. Upon issuance and service of the order the licensee shall immediately cease the prescribed activity. 6. A return of service shall be filed with the Clerk by the person effecting such service. April 16, 2024 - — — and deliberation to determine if there is sufficient cause to revoke: 7.a. Adult-Use Cannabis License (Cultivation) CBL-23-30; and 7.b. Medical Cannabis License (Cultivation) CBL-23-31; located at 5400 N. Highway 160, Pahrump, NV. Assessor’s Parcel Number 029-311-1 3. Diversified Development Group Property Owner. Rick Saga I Nye Farm Tech, LTD Licensee.

Commissioner Jabbour

made a motion to suspend this license through the show cause hearing until the decision had been made through the courts and that the County taxes shall be paid in the amount of $1 409.00; seconded by Commissioner Carbone.

Commissioner Jabbour

amended his motion to suspend CBL-23-30 and CBL-23-31 through the show cause hearing until the decision had been made through the courts and that the County taxes shall be paid in the amount of $1 409.00; Commissioner Carbone amended his second.

Commissioner Jabbour

amended his motion to suspend CBL-23-30 and CBL-23-31 through the show cause hearing until the decision had been made through the courts, that the County taxes shall be paid in the amount of $1 409.00, and all taxes must be paid on a continuous basis; Commissioner Carbone amended his second.

Commissioner Boskovich

asked if there should be a time limit on the litigation issue hr.iis it noiilri no on for 2fl yr.c

Commissioner Strickland

said she liked leaving the suspension open so they could look at the progress and have another show cause if necessary.

Commissioner Boskovich

made a motion to approve items 16.1-16.2; seconded by

Commissioner Cox

; 5 yeas. April 16, 2024 16.2. For Possible Action Approval of the meeting minutes from the joint meeting on January 17, 2024.

Commissioner Boskovich

made a motion to approve items 16.1-16.2; seconded by

Commissioner Cox

; 5 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff McGill

assumed the Chair of the Licensing and Liquor Board. 11. For Possible Action Discussion and deliberation to approve a 90-Day Temporary Retail Liquor License for Champions Bar and Grill located at 2631 5. Linda St, Pahrump, NV. Barry Tassler, Applicant.

Sheriff McGill

said the recommendation was that the temporary license be approved with conditions as there was outstanding work that needed to be done as prescribed by Planning, which was the striping of the parking lot. The temporary license would allow them to contract with vendors and begin training and stocking. Brett Waggoner advised it still had not been completed as of this morning. Fire Chief Scott Lewis reminded the Board it would also have to pass the fire inspection and the fire suppression systems had to be up to date. Shriff Mr.Cill ddrI it ws lsn nnnditinnllv hsd on th rrtifict of orni innni nd the inspection process.

Commissioner Strickland

made a motion to approve issuing a temporary retail liquor license to Champion’s Bar with the conditions as listed from the RPC and that all conditions of operation be met to receive the certificate of occupancy; seconded by

Commissioner Boskovich

. Samantha Tackett advised the property received the fire prevention certificate of compliance and a certificate of occupancy already as well as their full health permit. The only thing outstanding was the life and safety with Pahrump Fire and Rescue, which had already been ordered. She spoke with Mr. Tassler yesterday and he was ready to hire a contractor to get the painting done. Chief Lewis said he would confirm that. He knew there was one in the pipeline, but they needed access to the building to do the inspection. Since there as a question as to whether the inspection was done, Sheriff McGill suggested leaving it open-ended and conditional.

Mrs. Tackett

said she had the permit in front of her and it was issued April 9, 2024. April 16, 2024 11. Cont’d. For Possible Action Discussion and deliberation to approve a 90- - — Day Temporary Retail Liquor License for Champions Bar and Grill located at 2631 S. Linda St, Pahrump, NV. Barry Tassler, Applicant.

Sheriff McGill

still wanted to leave it conditional and verify that document.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. PLANNINGIBUILDINGICODE COMPLIANCE

Commissioner Carbone

made a motion to approve Proclamation No. 2024-03; seconded by Commissioner Jabbour; 5 yeas. COUNTY MANAGER 19. For Possible Action Discussion and deliberation to ratify the approval of the Program Funding Application for Pahrump Valley Public Transportation for the VETrans Program in the amount of $30,000.00 to be funded from 10210, Veteran Services Department.

Commissioner Carbone

made a motion to ratify; seconded by Commissioner Jabbour; 5 yeas. April 16, 2024 EMERGENCY MANAGEMENT 20. For Possible Action — Discussion and deliberation to: 20.a. Adopt, amend and adopt or reiect Nye County Resolution No. 2024-11: A Resolution adopting the Nye County Hazard Mitigation Plan as Amended 2024. This plan is for Nye County and all iurisdictions in Nye County not represented by an Elected Town Board or Tribal Government. 20.b. Submit a copy of the resolution to Federal Emergency Management Agency (FEMA) Region 9. Department of Emergency Management (DEM) Director Scott Lewis said the integration plan had been an ongoing process. It was proposed to eliminate or reduce risk to people and property within Nye County from natural and man-made hazards. It was a living document and as the County changed it would as well recognizing specific hazards and addressing them as required by Nye County Emergency Management. There was community input through on-line surveys, meetings, and other solicitations that were posted. Mr. Lewis said the plan had undergone the regulatory compliance review and had been approved by FEMA. Patrick Lazenby from DEM said having the hazard mitigation plan in place was not only a requirement by FEMA, but it also opened up a lot of different grant funding. Frik (rIinn thnkrJ vrvon who workrI on this

Commissioner Carbone

made a motion to adopt Resolution No. 2024-1 1, a resolution adopting the Nye County Hazard Mitigation Plan; seconded by Commissioner Jabbour.

Commissioner Carbone

amended his motion to adopt Resolution 2024-11, a resolution adopting the Nye County Hazard Mitigation Plan, and submit a copy of the resolution to the Federal Emergency Management Agency (FEMA) Region 9; Commissioner Jabbour amended his second; 5 yeas. The Board was in recess until 2:00 p.m. April 16, 2024 SITTING AS THE NYE COUNTY BOARD OF HEALTH 12. For Possible Action Presentation, discussion and deliberation on the county-level Foundational Public Health Services (FPHS) local public health infrastructure assessment to develop a baseline dataset of essential public health services available in Nye County; identify public health priorities; and to identify a

Commissioner Champion

to participate in the assessment for Nye County. (10- minute time limit) Amy Hyme-Sutherland from NACO gave a presentation on the county-level Foundational Public Health Services local public health infrastructure assessment.

Commissioner Carbone

asked if the champion Ms. Hyme-Sutherland referred to had to be a Commissioner or if it could be somebody the Board selected.

Ms. Hyme-Sutherland

thought it would be helpful if it was a Commissioner as policy was the purview of the Commission and was important to the improvement of public health, but if a Commissioner could not do it that was fine. Lorina Dellinger said she had asked Commissioner Boskovich if he would like to be the volunteer Commissioner champion as he was also the NACO liaison.

Commissioner Boskovich

said he mentioned to Mrs. Dellinger he would be willing to do that, but the Commissioners’ schedules were very full. If he did and no one else wanted to Hlth nd Hiimn Srvir.s flirector Kryn Smith would have to help if she ws willing. Commissioner Boskovich agreed to be the volunteer Commissioner champion along with Commissioner Carbone. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS 10. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation on ZCMP-24-2: An application for a conforming Zone Change of 0.83- acres from Mixed Use (MU) to Neighborhood commercial (NC) on a property located at 1101 E. Second Street, Pahrump, NV. Assessor’s Parcel Number 035- 307-09. Cunningham Construction, Inc. Property Owner. Civilwise Services, Inc. -Agent/Applicant. Quiana Medici from Planning said the PRPC voted to recommend approval of this item to the Board of County Commissioners at its March 13, 2024, meeting. She explained the applicant requested a conforming zone change from mixed-use to neighborhood commercial to allow for the permissive use as a mini-storage facility. The property owner had also submitted a division of land application to combine the subject parcel with the southern parcel to increase the area of the proposed mini-storage facility. The project would be reviewed by Planning, Public Works, and the Building Department to April 16, 2024 10. Cont’d. 10:00 a.m. For Possible Action Public Hearing, discussion, and - — — deliberation on ZCMP-24-2: An application for a conforming Zone Change of 0.83- acres from Mixed Use (MU) to Neighborhood commercial (NC) on a property located at 1101 E. Second Street, Pahrump, NV. Assessor’s Parcel Number 035- 307-09. Cunningham Construction, Inc. Property Owner. Civilwise Services, Inc. -Agent/Applicant. ensure that all Nye County Code and ICC requirements had been met prior to issuance of a certificate of occupancy.

Commissioner Strickland

asked about conditions for approval as she did not see any.

Ms. Medici

said there were no special conditions.

Commissioner Strickland

disclosed she had a mini-storage facility.

Commissioner Boskovich

assumed the Chair of the Board of County Commissioners. Bill Cookston from CivilWise Services stated he had read and agreed to the conditions, whatever those were, at the RPC meeting.

Commissioner Boskovich

opened and closed the public hearing. Planning Director Brett Waggoner said he did not know why the staff report from when it ws prntr1 to th Plnninri (‘.ommciori wi nnf in fh hrfr-iip for this tern, hut the project was required to go through site development and have mapping action done. There was no request for any waivers. The motion made by the RPC was to recommend to the Board of County Commissioners approval based on findings and subject to the conditions of approval as outlined in the staff report.

Commissioner Jabbour

made a motion to approve ZCMP-24-2 as written; seconded by

Commissioner Carbone

with the addition of making sure all conditions from the RPC were included; 4 yeas. Commissioner Strickland abstained.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. 9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on ZCMP-24-1: An application for a Zone Change to change 1.09 acres from Rural Homestead Residential (RH-4.5) to Commercial Manufacturing (CM) on property located at 481 W. Mesquite Ave., Pahrump, NV. Assessor’s Parcel Number 035- 051-53. Laurencio and Adriana Alvarez Property OwnerlApplicant. Assistant Planning Director Steve Osborne said this was heard by the RPC last month and they recommended approval 6-0. This was subject to several conditions and it was Planning’s recommendation to approve subject to those conditions, which the applicant agreed to during the RPC meeting. April 16, 2024 9. Cont’d. 10:00 am. For Possible Action Public Hearing, discussion and - — — deliberation on ZCMP-24-1: An application for a Zone Change to change 1.09 acres from Rural Homestead Residential (RH-4.5) to Commercial Manufacturing (CM) on property located at 481 W. Mesquite Ave., Pahrump, NV. Assessor’s Parcel Number 035-051-53. Laurencio and Adriana Alvarez Property- OwnerlApplicant.

Commissioner Strickland

opened and closed the public hearing.

Commissioner Carbone

made a motion to approve ZCMP-24-1 based on the conditions that were approved by the RPC; seconded by Commissioner Jabbour; 5 yeas. 8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2024-01: A Bill proposing to amend Nye County Code Chapter 15.32 titled “Pahrump Regional Planning District Impact Fees,” by modifying the Fire Station Impact Fees, Park Impact Fees, Police Station Impact Fees, and adding Drainage & Flood Control Impact Fees; and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto. Brett Waggoner said staff was asked a while back to evaluate the impact fees and bring something back to the Board because they had remained the same since their adoption in 2005. The reason the street impact fee was not included was because there was no automatic annual escalator in the Code or NRS. Staff took all of the other impact fees, with th yrntinn nfflnnrl nr1 iicir1 th (‘PI

Commissioner Strickland

asked if there was any feedback from the contractors that would see these new fees.

Mr. Waggoner

said he had not heard a word.

Commissioner Strickland

opened the public hearing. Gerald Schulte pointed out the person who wanted to do a $150,000.00 home would pay the same impact fee as the person who was building a $60000.00 or $700,000.00 home, which was not fair. The only reason that person was doing a small unit was because they could not afford the bigger housing. Mr. Schulte asked that this item be tabled and looked at to make it fair for the people. Ammie Nelson stated she was absolutely against this because of the impact it would have on people’s lives. She agreed with tabling it and suggested having some open meetings for the public to attend. Carolene Logue questioned the daycare cost of the impact fee knowing that parents were already tight with family expenses. April 16, 2024 8. Cont’d. 10:00 a.m. For Possible Action Public Hearing, discussion and - — — deliberation to adopt, amend and adopt, or reiect Nye County Bill No. 2024-01: A Bill proposing to amend Nye County Code Chapter 15.32 titled “Pahrump Regional Planning District Impact Fees,” by modifying the Fire Station Impact Fees, Park Impact Fees, Police Station Impact Fees, and adding Drainage & Flood Control Impact Fees; and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto.

Commissioner Strickland

closed the public hearing.

Mr. Waggoner

explained impact fees were paid for new development in the Pahrump Regional Planning District only and had no effect on residents currently in a home unless they were building a new home or purchasing a new manufactured home.

Commissioner Boskovich

assumed the Chair of the Board of County Commissioners.

Commissioner Strickland

made a motion to adopt Nye County Bill No. 2024-0 1 with an effective date of May 7, 2024; seconded by Commissioner Carbone; 5 yeas.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. COUNTY MANAGER 18. For Possible Action Discussion and deliberation regarding a request to set a date, time and location for a Public Hearing on Nye County Bill No. 24-fl a Bill proposing to amend Nye County Code Title 6 Animals, By Amending Chapter 6.04 General Provisions; amending Chapter 6.05 Enforcement; removing Chapter 6.06 Licensing, Vaccinations, Limits on Number, Running at Large, Impoundment, Rabies Prevention; adding Chapter 6.06 Vaccinations, adding Chapter 6.07 Limits on Dogs and Cats; adding Chapter 6.08 Permits, Limits; adding Chapter 6.09 Animals Running at Large; adding Chapter 6.10 Impoundment for Violations of this Code; adding Chapter 6.11 Animal Bites, Reports Required; adding Chapter 6.12 Reporting of Found Animals; adding Chapter 6.13 Animal Waste and Odor; adding Chapter 6.14 Cruelty to Animals; adding Chapter 6.15 Animal Facility Regulations; amending Chapter 6.20 Miscellaneous Animal Regulations; removing Chapter 6.30 Ownership and Possession of Special Conditions Animals; amending Chapter 6.40 Appeals to Board of County Commissioners; and other matters properly relating thereto. Since he had been through this before, John Koenig suggested the Board set a date, time, and place for a special meeting to hear this. April 16, 2024 18. Cont’d. For Possible Action Discussion and deliberation regarding a - — request to set a date, time and location for a Public Hearing on Nye County Bill No. 2024-06

Commissioner Carbone

explained a workshop was held on December 11, 2024, and those comments were being added in. He did not think a special meeting was needed, but he would leave it up to staff. Lorina Dellinger recommended setting the public hearing for May 21, 2024, at 10:00 am. in Pahrump.

Commissioner Carbone

made a motion to set the time, date, and location as May 21, 2024, at 10:00 a.m. in Pahrump; seconded by Commissioner Jabbour; 5 yeas. DISTRICT ATTORNEY 17. For Possible Action Discussion and deliberation to approve the plan to enhance victim advocate services within the District Attorney’s Office. Brian Kunzi said he had some changes in his office which opened the door for him to be able to move things around. He wanted to take one of his senior attorney positions and fill it with a victim advocate as well as a clerical position who would provide services for the victim advocate and his investigators, which would result in about $26,000.00 in savings. Since he was adding one body to the position he needed Board approval. Ammie Nelson asked if the victim’s advocate was different from the public defender. She also wondered what kind of victim was being talked about as there was a wide range of them.

Commissioner Carbone

made a motion to approve the enhanced victim advocate service plan the District Attorney brought forth; seconded by Commissioner Jabbour.

Mr. Kunzi

explained a victim advocate met with the victims of any crime and was the contact at the District Attorney’s Office. It was a very important position particularly in crimes against children, sexual assaults, and those type of issues. The victim advocate also had to be aware of community resources available, such as counseling. It had nothing to do with the defendant.

Commissioner Strickland

disclosed she was the liaison for this committee, and she was appointed by the Governor to the Nevada Outdoor Recreation Committee. She said she was helping to build a recreational community throughout Nye County.

Commissioner Jabbour

felt all of the concerns raised would be addressed.

Commissioner Boskovich

said there was no way to please everyone, but this would be designed properly and the dust would be mitigated.

Commissioner Cox

pointed out this was 427 acres down by Dandelion, which was further away from Mountain Falls than the cars across the highway heard every weekend. Also, if people did not like the dust they should not live in a desert environment. April 16, 2024 13. Cont’d. - For Possible Action — Discussion and deliberation to: 13.a. Accept the State of Nevada Off-Highway Vehicles (NVOHV) grant award in the amount of $81,900.00 to provide funding for the professional design of the Pahrump Fairgrounds OHV Park Tracks. There is a match of $9,000.00 required; 13.b. Electronically execute the Award; and 13.c. Fund $81,900.00 to 10340 Grants and $9,000.00 to 25414 Pahrump Fairgrounds Room Tax.

Commissioner Strickland

mentioned the master plan. When a home was bought in Nye County the realtor should present a Nye County disclosure form, which said to check with Planning to learn what was going around the home. If people had done that before they bought their Mountain Falls home they would have been made aware of the fairgrounds.

Commissioner Boskovich

assumed the Chair of the Board of County Commissioners.

Commissioner Strickland

made a motion to accept the State of Nevada Off-Highway Vehicles grant award in the amount of $81,900.00 to provide funding for professional design of the Pahrump OHV Park Track with a matching $9,000.00 grant required, electronically execute the award, and fund $81,900 to 10340 Grants and $9,000.00 to 25414 Pahrump Fairgrounds; seconded by Commissioner Carbone; 5 yeas. 14. For Possible Action Discussion and deliberation to approve the amended Town of Pahrump McCullough Arena Use Policy as recommended by the Pahrump Arena Advisory Committee. Samantha Tackett said the new policy as adopted by the Arena Advisory Committee was in the back-up. The committee was starting fresh with this new policy. A resolution would brought forward for fees. Michelle Chappell, secretary for the Pahrump Arena Advisory Committee, said they were trying to update the fees to get a little more streamlined and be a little more in line with the cost of doing business at the arena. It was a live document which would be changed and reviewed. Jimmy Martinez added they were trying to get everything current.

Commissioner Strickland

stated she was the liaison to this committee. Tim Bohannon said this was a great starting ground to have some rules and responsibilities as well as the expectations on the site.

Commissioner Carbone

made a motion to approve the amended Pahrump McCullough Arena Use Policy; seconded by Commissioner Jabbour; 5 yeas. April 16, 2024 15. For Possible Action Discussion and deliberation regarding Town of Pahrump Proclamation P2024-01: A Proclamation Recognizing May 1, 2024 as Pahrump Youth Law-Awareness Day. Public Information Officer Arnold Knightly said this was a repeat of a proclamation submitted and approved last year. Mike Hamer, executive director of Project Real, said they had just gotten notification from Governor Lombardo that he also issued a proclamation for May 1, 2024, for a statewide Youth Law Awareness Day. Project Real did this in in each county because it helped the teachers and parents become aware of the resources available to them. Tim Bohannon stated his support of this item.

Commissioner Carbone

made a motion to approve Town of Pahrump Proclamation No. P2024-01; seconded by Commissioner Boskovich; 5 yeas. PLANNINGIBUILDING/CODE COMPLIANCE

Commissioner Carbone

made a motion to accept additional back-up provided by the Planning Director; seconded by Commissioner Boskovich; 5 yeas. These items were continued until later in the meeting to allow for distribution of the additional back-up. April 16, 2024

Mr. Richards

thought it was kind of silly that Public Works would want a private person working on public facilities. He also pointed out that Mr. Shao would be maintaining it for all of the owners of the properties and developments along the frontage road, which was what they were complaining about.

Mr. Boiling

asked Mr. Richards if he knew during the review that they would have to accept all of the mentioned floodwaters into that drop inlet, and how far did he move that drop inlet in order to put it in the right-of-way. Mr. BoIling believed they moved it 12 feet.

Mr. Richards

said they did not move it 12 feet. The drainage they originally proposed was only about four feet into the property. The point was it turned out to be a huge requirement to upgrade that drainage system to satisfy the reviews.

Mr. Boiling

explained the water in that area had always drained through that lot. Whenever they built that little commercial subdivision portions of it were to drain to that same spot where the water had already drained. He agreed they created more drainage, but they also had to be able to convey what was already drained, which was the reason for the upgrade. Chipotle’s could not just convey the stuff it created. It had to convey what was already going to that part as well. April 16, 2024 28.a. Approve a Stormwater Management Maintenance Agreement and Drainage Easement between S&L Investments, LLC, and Nve County for maintenance of drainage improvements installed on South Frontage Road and East Wilson Road; and 28.b. Execute the Agreement.

Mr. Richards

felt Chipotle’s did not add to the drainage because they redirected some of the drainage from that site in the other direction into a detention pond that drained to the street to the south. They could have actually potentially reduced the drainage into that inlet, but that was not the point. The point was why was one person expected to maintain a drainage system for a half a mile of street which served more properties than just his.

Commissioner Strickland

asked Mr. Boiling if the intent was for this drainage to be in the right-of-way to begin with.

Mr. Boiling

said it was not and it was not approved. The first time it was learned that it was going to be in the right-of-way was when the concrete people were forming it and staff showed up on site to do an inspection. The builder was asked why it was so far out, and he said the engineer would do an as-built going where it was currently located. The as-built was received a couple weeks later showing where it was located.

Mr. Richr

1 other Works Departments id not want private sector maintaining their systems. if they were to build that grate on the Chipotie’s property, they would request an easement around it so they could maintain it, not the owner of the property. That was the standard way of doing things throughout the State to keep Public Works responsible for the maintenance of their drainage systems. Mr. Richards was not sure that the Commissioners would want somebody from the private sector maintaining a system that was way beyond their knowledge. He said their request was not asking to get anything back from the cost of building the system or the upgrade of the frontage road. They were just asking that Public Works take over maintenance of it and not leave Mr. Shao responsible for the maintenance of a drainage facility.

Commissioner Jabbour

asked Mr. Boiling if he had approved the construction they did.

Mr. Boiling

said he did based on the verbal agreement that they would maintain it.

Commissioner Jabbour

said he was having a hard time with it coming onto the County right-of-way and asking a private entity to maintain that.

Mr. Boiling

explained it was originally designed for the drop inlet to be on the Chipotie’s property. Ultimately there would have only been pipes in the right-of-way and nothing else. if he knew it was going to be in the right-of-way he would have had them take it out and dump it into the NDOT right-of-way instead of putting in 278 feet of pipe. April 16, 2024 28.a. Approve a Stormwater Management Maintenance Agreement and Drainage Easement between S&L Investments, LLC, and Nye County for maintenance of drainage improvements installed on South Frontage Road and East Wilson Road; and 28.b. Execute the Agreement.

Mr. Richards

said NDOT would not allow that. Brian Kunzi said he heard a lot of issues that needed to be flushed out, but not in a public meeting. He recommended continuing this. His office looked at the agreement, but there was context here that they were not provided with.

Commissioner Jabbour

made a motion to continue this item; seconded by

Commissioner Carbone

. Linda Clark said that whole intersection was bad to begin with. It was hard to get in and out of and it was always flooded. Tim Bohannon said he did not recall flooding like it did last time before Chipotle’s was there. He agreed with continuing the item. Ammie Nelson thought it made sense that Chipotle’s had to do something to divert frnm thr Inrfinn krlrwA,inci AIhf w c1nn nrinr Sh fhniirihf +h flmmiccnnr were wise to bring this back. Erika Gerling thought people who wanted to do business had to put in the infrastructure they needed for their business. She felt if impact fees had already been established there could have been a different outcome.

Commissioner Strickland

said to her knowledge they had dedicated all of the water to Great Basin Water Company. Walt Turner pointed out their letter said 61 family lots over 1 3 acres at a gross of 4.04, which only came to 52.3 lots. He wanted to know where the other nine were coming from.

Commissioner Strickland

wanted these two items continued as she was not happy with them. By her calculations there was not enough land for that amount of lots. April 16, 2024 24. Cont’d. Reopened For Possible Action Discussion and deliberation to - - — approve LD-24-7: a Tentative Residential Subdivision, for Mountain Falls Planning Area 8B. 25. Cont’d. Reopened For Possible Action Discussion and deliberation to - - — approve LD-24-8: a Tentative Residential Subdivision, for Mountain Falls Planning Area 2B. Linda Clark said she was really curious about what was going on over there. She wondered why maps were not put up on the screens in chambers so the public could see the area being talked about. Herman Lewis said if anybody still cared about maintaining the rural lifestyle and not doing these postage stamp sized lots and high density, maybe something could be found in the development agreements that would allow the County to look at it again without violating the rights of the developers.

Commissioner Carbone

made a motion to continue items 24 and 25 to the next Pahrump meeting on May 21, 2024; seconded by Commissioner Jabbour; 5 yeas. PUBLIC WORKS 26. For Possible Action — Discussion and deliberation to: 26a. Discuss Bid No. 2024-03 Liquefied Asphalt Emulsions: and 26.b. Provide direction to staff on how to proceed with the project. Tom Boiling explained no bids were received on this. Per NRS if no bids were received, after a seven day notification to the public the County could contract with whatever supplier was deemed appropriate. He also believed that would allow the County to just purchase the materials. Staff was asking the Board to give them the ability to just purchase the materials. That way they could purchase as much material as they had budget available for the project. Tim Bohannon said it was unfortunate no bids were received and stressed the need to not overspend the agreed upon budgets.

Commissioner Carbone

made a motion to allow Public Works to do a direct buy if required; seconded by Commissioner Boskovich. Brian Kunzi advised Public Works could not do a direct buy. They had to enter into a contract and bring it back to the Board.

Commissioner Strickland

said Public Works could not contract because the market was too volatile. They needed to buy. April 16, 2024 26. Cont’d. - For Possible Action — Discussion and deliberation to: 26.a. Discuss Bid No. 2024-03 Liquefied Asphalt Emulsions; and 26.b. Provide direction to staff on how to proceed with the project.

Mr. Kunzi

felt it was being left very open-ended. He thought the direction to Public works needed to be to bring something back as far as what the options were. It could be brought back in two weeks.

Mr. Boiling

said a two-week delay would not be a problem, and if the District Attorney wanted them to have a contract they could ask for that via the proposals.

Mr. Kunzi

clarified he was not saying that the Board could not give Mr. Boiling the opportunity to solicit contracts or something of that nature. The Public Works Director was directed to solicit contracts in the next two weeks.

Commissioner Carbone

withdrew his motion; Commissioner Boskovich withdrew his second. 27. For Possible Action — Discussion and deliberation to: 27.a. Approve, amend and approve, or reiect an Improvement Agreement between William Lyon Homes, Inc., a California Corporation, dba Taylor Morrison and Nye Coil to construct all road improvements for Mountain Falls Parkway North Phase 3; and 27.b. Execute the Agreement. Susan Florian said they agreed with staff’s conditions for approval as well as the conditions. Tom Boiling said this agreement with Mountain Falls was for them to do the improvements starting at planning area 6 and going southwest. Linda Clark said in the future if there was going to be this much discussion involving Mr. Boiling he should be present. If he was on vacation then this item should be postponed.

Commissioner Strickland

said Mr. Boiling was injured.

Commissioner Carbone

made a motion to approve the agreement between William Lyon Homes and execute the agreement; seconded by Commissioner Jabbour; 5 yeas. April 16, 2024 PLANNINGIBUILDINGICODE COMPLIANCE 22. For Possible Action Discussion and deliberation to adopt, amend and adopt, or relect Nye County Resolution No. 2024-12: A Resolution to Continue with a Temporary Moratorium on Renewable Energy Generation Facilities. Planning Director Brett Waggoner said they were very close to bringing the ordinance forward. He had attended meetings in the communities in the County with the feedback received incorporated into the draft and staff was about ready to send it back through the District Attorney’s Office for another review. The current moratorium would expire on May 15, 2024, and Mr. Waggoner said with the future meeting dates it would be impossible to get it before the Board or have a public hearing prior to the expiration, which was why it was on today’s agenda to extend the moratorium.

Commissioner Jabbour

asked if the extension was to the second meeting in May, 2024, or the first meeting in June, 2024.

Mr. Waggoner

believed this was a six month extension, but once the Board adopted an ordinance the next thing to tackle would be the application and permitting fees.

Commissioner Jabbour

said his information was that Round Mountain and Tonopah were not good with the extension. Staff had been working on this for a year and another six months would impede the northern part of the County. Mr \A/ririnnr nnfrI fhcr nr r’l,,c +r Rri prrI Mrs, irfi, rr Tonopahso nothing was being impeded in those areas. -

Commissioner Jabbour

said the applications would go through BLM, not the Planning Department. He disagreed with an additional six month moratorium as he thought there had been plenty of time to put something together.

Mr. Waggoner

said he took insult to that statement. There had not been plenty of time to put this together. It had taken a year to find ordinances that even addressed this. Every place in the nation was looking at southern Nevada right now because nobody knew how to get ahead of this. Rather than doing what was done with marijuana and have six different revisions done to it just in the five years Mr. Waggoner had been with the County, he explained the thought process was to try to do it as best as possible from the get go and not have to come back every three months when another lesson was learned.

Commissioner Strickland

asked if it would satisfy both Commissioner Jabbour and Mr. Waggoner to extend it for three months instead of six months.

Mr. Waggoner

said he would amicable to a three month extension. April 16, 2024 22. Cont’d. For Possible Action Discussion and deliberation to adopt, amend - — and adopt, or reject Nye County Resolution No. 2024-12: A Resolution to Continue with a Temporary Moratorium on Renewable Energy Generation Facilities.

Commissioner Jabbour

agreed with three months and revisiting it at that time if what was being discussed had not been accomplished. Brian Kunzi said he had communication with some of the companies and they were actually wanting six months because they did not feel like they were quite ready to move on this. He thought part of that was they wanted to make sure the County was melding what it was doing with what BLM was doing. Mike Fender said he kind of agreed with Mr. Waggoner about the extension. The BLM had taken several years to format an EIS with the assistance of multiple governmental organizations and Mr. Fender wondered how many people in the County were working on it. He thought time was definitely on the County’s side. Tim Bohannon pointed out the name of the Chair on the document needed to be corrected. He said as a layman looking at this he knew each of the locations in the County had different feelings and different approaches. He thought it would be nice to see a reflection of what they could do locally, but it was important to still have the over arching of the County’s requirements. In \AIiIIimc kinri nn hthIf of th r”9te wII onrc 9ve’ They ae’ that the Commission continue with Resolution 2024-12 and support the direction. She had written an ordinance based on things throughout the nation and other countries. She said the sad thing with the solar for Nye County was the manipulation of the lack of water that these solar farms stated that they were using and that manipulation was an underestimation. Joni Eastley, representing the Tonopah Town Board, stated the board stood in opposition to this or any moratorium regardless of the length of time on projects that would bring development into the central Nevada region. She then read a letter from Round Mountain Town Manager James Swigert stating he did not support moratoriums on renewable energy in the Smoky Valley area. He spoke for the Round Mountain Town Board when he said they supported outside agencies regarding this matter. He supported economic growth in their area and welcomed any revenue that these projects would bring. The Round Mountain Town Board was drafting a letter for approval at their next board meeting stating the same, which once signed would be forwarded to the Commission for their review. Herman Lewis felt the northern areas and towns of the County needed to have self determination to do what they felt was best for the residents and a moratorium should be done in the areas that needed it. April 16, 2024 22. Cont’d. For Possible Action Discussion and deliberation to adopt, amend - — and adopt, or reject Nye County Resolution No. 2024-12: A Resolution to Continue with a Temporary Moratorium on Renewable Energy Generation Facilities. Erika Gerling said Beatty was one of the first communities to write a letter to the BLM requesting a moratorium. That did no good because the applications went forward and had been processed all along because the Commissioners did not have the authority to do the moratorium. Ammie Nelson stated her support of the moratorium. She felt Tonopah and Round Mountain could write something that would be doable by the County rather than saying they did not support it.

Commissioner Strickland

explained the reason for the moratorium was to allow time to write an ordinance for development agreements and special use permits, which would implement economic impacts to whomever ended up wanting the solar in their areas.

Commissioner Cox

reminded everyone the BLM did not own any property. They only managed it for the Department of Interior. She was not sure where the Department of Interior stood on this, but she thought the County should be talking with them instead as she did not think the County had to bow down to BLM. The Sheriff also had the power to throw BLM out of Nye County. Commissioner Cox did not understand why the solar companies were working with BLM rather than with the County directly. Brian Kunzi said the State of Nevada owned about 17% of the land in the State. The land was given up when Nevada became a state. This was federally owned land managed by the BLM and it could not be claimed as Nevada land as it never had been and never would be. The federal government had control of it and they were the ones giving the solar facilities the right to use the land. That did not mean the County was out of the equation as it had some right to sit at the table since they were building in the County and these facilities could pose significant risks. The fight had to be done in the right way, otherwise the County would have no credibility. Mr. Kunzi was also concerned about the loss of possessory interest taxes and property taxes to the County as the Legislature had exempted the solar facilities for about 25 years.

Commissioner Jabbour

made a motion to amend and adopt Resolution No. 2024-12, a resolution to continue with a temporary moratorium on renewable energy generation facilities for the time of four months and at the close of four months if the development agreements in their entirety were not done right and to everybody’s satisfaction the item would be revisited; seconded by Commissioner Boskovich; 5 yeas. April 16, 2024 23. For Possible Action Discussion and deliberation on AP-23-9: An Appeal of the Zoning Administrator’s determination that the subject property has lost the previous status of a legal non-conforming (“grandfathered”) use as an automotive repairlmechanic shop and re-instatement would require approval of a Conditional Use Permit (CUP), on property zoned Neighborhood Commercial (NC), located at 6471 S. Homestead Road, Pahrump, NV. Assessor Parcel Number 045-211-24. Gennady & Betsy Levit Property OwnerlAppellant. Walt TurnerlAccess Realty Agent Brett Waggoner explained this was an appeal of the zoning administrator’s determination for a grandfathered use on a piece of property. It originally went to the RPC just because that was the way these had been done in the past, but the District Attorney’s Office had a different interpretation this time. It was pulled from the RPC agenda and staff was bringing it directly to the Board. This was a shop on Homestead in a little commercial center there. The properties were zoned residential, and the buildings and the stuff dated back prior to zoning adoption. The issue was there was an auto repair shop there that had been there for 30 years, but had not been in continuous use for six months or more. When there was no proof that it had been legally operating there within six months, the determination was that it was not legally grandfathered. Additionally, Mr. Waggoner advised there were other businesses operating on this property that were also not legal for residential zoning and were not licensed. Mr. Waggoner supported the determination that this was not a legal grandfathered use.

Commissioner Jabbour

wondered if there was an option for them to apply for a CUP or IJP rthr thn cominr, hpfnr tb Rnrr1 for a granrif2ther cIaiis

Mr. Waggoner

said they had done that, but an issue came up the other night at the RPC meeting. They had already filed the appeal and in the meantime they had filed for a CUP which was to be heard by the RPC at their meeting last Wednesday. It was discovered and suggested by the District Attorney that since an RPC member was representing as the agent for the applicant that would be an ethics violation. Although that member recused himself, it was the District Attorney’s opinion that it should not move forward with that member’s name on it so it was continued to next month. Mr. Waggoner stated that based on the new information gathered with what existed on the property until a cease and desist was done two weeks ago, the recommendation on the CUP to reinstate a grandfather clause was not favorable. Walt Turner, appearing on behalf of the property owner, first stated that neither he nor his company, Access Realty, were receiving any additional compensation for his presence in this procedure. He was the manager of the property and was simply helping the property owner navigate the system. Mr. Turner said in the beginning the property was built as a mechanic shop, which was clearly stated in the Assessor’s Office. When zoning came along it was zoned neighborhood commercial, but there was not one permissive use in neighborhood commercial that any of the buildings were suited for. In this case it was the tenant who broke the grandfathering through falsifying documents and providing a fake business license to the management company. The April 16, 2024 23. Cont’d. - For Possible Action — Discussion and deliberation on AP-23-9. management company had no knowledge of that until the tenant was properly evicted. A new tenant was moved in because an address was needed before he could get a business license. The tenant went to get his business license and was told the grandfathering was no longer there. The previous tenant had operated there for two years as a tow truck company, which was not a quiet operation, but nothing was ever brought to their attention. Mr. Turner disagreed with putting the correction of zoning problems on an owner who had the property before zoning was introduced and there was very little she could do. Mr. Turner felt the property owner was the victim in this instance. He also felt the granting the waiver would not result in material damage or prejudice to other properties as this property had been operated in the same manner for over 30 years and it was built as an auto shop. Lastly, Mr. Turner said the appeal was filed as he was told that was the fastest way to resolve the issue.

Commissioner Cox

noted it had always been a mechanic shop kind of set up by itself with nothing really around it. She wondered what would happen to the buildings if the use was not continued. She would like to see it occupied.

Commissioner Jabbour

did not know how grandfathering this in would solve the problem knowing all of the information.

Commissioner Carbone

said there was a break in time, even though it was illegal. Mr Tiirnr vn1nr1 fh nnI, rrn there was a break was because it was rnproper!’’ zoned in the first place and that should not be the owner’s hardship.

Mr. Waggoner

said there had been multiple automobile related services in this building and not one of them had ever been licensed. If any of those businesses had come to Planning since zoning was adopted this would have come up. Planning would not give approval for a business license for a business that was not permissive in that zoning. It was Mr. Waggoner’s opinion that the only way the Board could move forward and make it a legal use for that property would be through a zone change to general commercial. He noted there was spot zoning in the area already.

Commissioner Carbone

asked Mr. Waggoner if anything could be done to get someone back to work on a temporary basis on that property.

Mr. Waggoner

thought the only thing that could be done was for them to apply for a zone change to a zoning that would allow an auto shop. If it went through the process and was denied that was the end of the road other than the appeal process.

Commissioner Cox

wondered if there was something the Board could go forward with while he applied for the zone change so he could continue working because it was going to cost money to do that zone change. April 16, 2024 23. Cont’d. - For Possible Action — Discussion and deliberation on AP-23-9.

Mr. Waggoner

said they could be given a certain period of time, but that had nothing to do with this proceeding because the Board was to either overturn the decision of the zoning administrator or not.

Mr. Turner

advised he spoke with the tenant and he believed that the mobile license would allow him to work while this was being resolved and he’d be happy to do that. He would tow stuff back to work on and not have customers on the property.

Commissioner Strickland

said that would not be a permissible use. Brandon Ross, the current tenant, said he had a lease for the front building and one of the back buildings. When they moved in originally he had his shop in Las Vegas since 2018. He had heard it was hard to find a good mechanic in Pahrump so they moved everything over and signed the lease. When they went to get the license they found out it was not the right zone. Once the cease and desist was served Mr. Ross got the mobile mechanic license so he was fully licensed, had always been insured, and had always been licensed through the State. Tim Bohannon said he was at the RPC meeting and this was not properly agendized. He disclosed he leased property from Access Realty. He thought the property needed to be properly zoned for the activity that had been there historically, but there was a need for compliance with the licensing requirements. Ammie Nelson said she had seen the mobile mechanic advertised on Facebook and there did not seem to be any loss of business. She thought this should be denied and they could go back to the drawing board with Planning and Zoning to work things out.

Commissioner Carbone

made a motion to uphold the zoning administrator’s decision to not reinstate the grandfather; seconded by Commissioner Jabbour; 5 yeas.

Commissioner Strickland

said what really got her was the Commission got more information that was not in the back-up. She just wanted it brought back in a neat little bow, but she was glad Mr. Waggoner pointed out the Board had been misinformed. flommiccinnr .Ihhniir id Mik FnHr hrniiriht in niifnn fht fh 1’.rmminn had been asked multiple times about Yellow Pine regarding the water. He asked that the information as to why be given to the public if it could be.

Commissioner Strickland

adjourned the meeting. APPROVED this 1 day ATTEST: Of , 2024. NyeCfy p PAHRUMP VALLEY CHAMBER OF COMMERCE Pahrump Economic and Business Development Task Force Recommendation 2024 As the community of Pahrurnp and Nye County continues to evolve, it is crucial for us to realistically acknowledge and address the challenges that exist within it. We are at a crossroads and are faced with significant choices, and perhaps pivotal decisions which could hold the potential for altering the course of our community dramatically. In order for our county and community to become competitive, it’s time that we examine our community’s private-sector business, economic development and job growth efforts and where we must go from here and seek out the perspectives of front-line thought leaders, and not just from insiders or those who might have other vested interests or priorities. With that thought in mind, and on behalf of the Board of Directors of the Pahrurnp Valley Chamber of Commerce we are coming to you today with a recommendation to create and support the creation of the Pahrump Economic and Business Development Task Force. This task force would draw upon the local business expertise, various economic and business development representatives and resources of organizations like the chamber of commerce, tourism, professional business groups, relevant county agencies and a wide range of business services and industries. The task force would work to provide the board of county commissioners with insight, recommendations and share best practices across the broad spectrum of businesses and industries in the valley. They could provide direction, definition and clarity to Pahrump’s economic and business development future. It is our recommendation that its focus areas would include innovation, infrastructure, business climate, economic and business development, the costs of doing business, government systems and quality of life. Task force members should be comprised of business, industry, and business organizations and local agency and business stakeholders within the community. The Task Force will: • Host monthly meetings to discuss the future of Pahrump’s economic and business development, • Survey citizens, thought leaders, and industry experts on where we must go as a county and community, • Hold a one-day, invitation-only summit open to Task Force members, • Provide recommendations, both short term and long term, identifying economic and business development issues facing the Pahrump Valley and to recommend strategies and methods to encourage new business investment and development and to improve Pahrump’s future competitiveness, and • Drive change by advocating for Pahrump’s business success in the future. The Chamber would be happy to support the county commissioners in this endeavor and help facilitate it, as well as help identify key business stakeholders for this purpose. We hope all of you will agree that in order to move forward it is time to bring everyone together to look to the future and work together towards helping build and create a more sustainable, and successful community. ATTACHMENT 1 PAHRUMP VALLEY 0IA(-ll1I:I 01 COMMLIL(k Pahrump Valley Economic & Business Development Task Force Successful economic development efforts rely on partnerships across public and private agencies, especially when different types of funding are involved. Engaging these partners for specific, uniform and mission-appropriate goals is more effective than trying to seek support for multiple broad or poorly defined initiatives which does not align with community needs, master plans and defined development goals and strategies. Communities might also set goals to align with specific funding sources to improve the odds of securing money for implementation. Recommended Areas of Focus: 1. Land use policy, zoning, permitting, enforcement 2. Development, planning and investment 3. Partnership building 4. Business development and entrepreneurship 5. Workforce development and employment 6. Healthcare and education development 7. Town center development o UAUUII aiiu ba , 9. Infrastructure & financing 10. Incentives (Examples peer cities Mesquite, Henderson and N. Las Vegas) Task Force Representation: 1. Business Group: Chamber of Commerce 2. Nye County Planning Department 3. Pahrump Regional Planning Commission 4. SWCREDA 5. Pahrump Tourism 6. Lodging & Gaming 7. Retail, Services, Restaurants, Wineries & Distilleries 8. Transportation and Public Safety (roads, fire/law enforcement) 9. Real Estate (Residential & Commercial) 10. Medical, Clinics, Hospital 11. Education Schools Nye County School district, Charter School — — 12. Developers & Builders 13. Utilities, Communications 14. State & Federal Representation, NV Small Bus.Advocacy Office, NDOT, EPA, BLM, etc. 15. Five Ad-Hoc Members-at-Large a. Nonprofit -Coalition b. Manufacturing c. Sports/Recreation related (racetrack)