Public meetings / Board of County Commissioners
May 7, 2024
89 turns, 89 with a named speaker, under 23 agenda items. The words and the names are the county clerk's.
Attendance
Commissioner Cox
was not present at this time.
2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.}
Commissioner Cox
was present. Nevel said if factories were going to be in the County he wanted it mandatory that local help was hired or a portion of it and any chemical waste was disposed of properly. Diane Southworth talked about the different states that were trying to take away women's rights and treating them like second class citizens. She encouraged everyone to look at all of the issues and vote for the people that were going to do the best job. Loyce Seastrunk said the field allocation system was broken. One club had 120 players and were given 90 hours per week of field allocations while Mr. Seastrunk had 127 players and was given 18.5 hours of field allocations per week. He had spoken to the Town Manager as well as the town field allocation people with no resolution. Mr. Seastrunk said he wanted to work with the Commissioners and all the groups to build a better field allocation system that was fair and equitable. Erika Gerling was present in Beatty. Tonopah Town Manager Joe Westerlund updated the Commissioners on various activities in Tonopah, including the circus in town tonight; the utility and storm drain replacement; a grant that had allowed the town to get 13 trees to plant; and the recent resource fair. Michael David Garcia spoke about the 11th Amendment; the Declaration of Independence; subsections 1983 and 1985; father's rights; and Title 8 violations by Congress.
3. Commissioner/Manager Comments (This item limited to announcements or
Commissioner Jabbour
clarified the Amargosa emergency vehicle was a collective push from all five Commissioners.
Commissioner Boskovich
said there was a good turnout at his community outreach event and he would do one of those every quarter. People could get information about it at info@ronboscovich.com.
Commissioner Strickland
said she would work with Mr. Seastrunk to get the field allocations looked at so everyone could participate. She said the work on the BLM Page3 May 7, 2024 announcements or topic/issues proposed for future workshops/agendas) fence started this weekend and the next operation would the first weekend in June, 2024. She thanked all of the volunteers.
7. 10:00 a.m. - For Possible Action - Hearing to Show Cause, discussion and
Commissioner Strickland
opened the show cause hearing. As background information to be added to the record, she explained the hearing to show cause was set and opened at the April 2, 2024, Board meeting. The Board took action to continue it to May 7, 2024. At the April 2, 2024, hearing Attorney John Savage called in and stated he was representing the receiver, Kevin Singer. Commissioner Strickland said the licensee and/or his attorney may show cause as to why the permits and the licenses should not be revoked. The Clerk swore in Planning Director Brett Waggoner. Page4 May 7, 2024 and deliberation to determine if there is sufficient cause to revoke Special Use Permits SU-2021-000072 and ETSU-21-82, and Cannabis Licenses CBL-23-24, CBL-23-25, CBL-23-26, and CBL-23-27; located at 2215 E. Anvil Road, Amargosa Valley, NV. Assessor's Parcel Number 019-181-02. Farm Road, LLC- Property Owner. MJ Distributing, LLC - Licensee.
Commissioner Strickland
asked Mr. Waggoner to address the issue of notice for the hearing and set forth the facts pertinent to the failure to submit sales documentation and monthly sales payments to Nye County as required by Nye County Code Sections 5.32.050 and 5.32.055. She asked that he address the licenses first and the permits second.
Mr. Waggoner
explained these licenses were brought forward for show cause because of a failure to report per Nye County Code. Reports had not been received for October, 2023, through March, 2024, and there had been no status change to come into compliance with the reporting requirements. Additionally, product had disappeared somewhere along the way, which concerned him. He reminded the Board that he reported last time that he was on the property and had full access to any building, office, records, and computer equipment as there was no one around. The power had been turned off as well. Kevin Singer was present via telephone. The Clerk swore in Mr. Singer and Attorney Derek Connor.
Mr. Connor
said he was regulatory compliance counsel hired by Mr. Singer to help get this license back into compliance with the CCB. It was his understanding that the facility was effectively left abandoned and there was product that was most likely stolen by prior staff. Since the receiver had been appointed steps had been taken to try to secure the property and Mr. Connor's office had taken steps to try to get the facility back into compliance with the Department of Taxation. They had also been in constant contact with the Nevada CCB and the Nevada Attorney General's Office. They had provided the DVRs from the property to the Attorney General's Office to see if they could gather evidence to find out what happened to the product. Mr. Connor said the hope was that the receiver would get this property back into compliance, maintain public safety, and keep the license from being revoked so a third party could be found to purchase the license and the property.
Mr. Singer
said they could get the monthly sales reports submitted and brought current. They hoped to work with the Board to save these licenses and transition them to somebody who was good for the community and wanted this to be a productive good business for the community.
Commissioner Jabbour
asked Mr. Connor how much revenue MJ Distributing had generated to the County so far. May 7, 2024 and deliberation to determine if there is sufficient cause to revoke Special Use Permits SU-2021-000072 and ETSU-21-82, and Cannabis Licenses CBL-23-24, CBL-23-25, CBL-23-26, and CBL-23-27; located at 2215 E. Anvil Road, Amargosa Valley. NV. Assessor's Parcel Number 019-181-02. Farm Road. LLC - Property Owner. MJ Distributing, LLC - Licensee.
Mr. Connor
said he did not know and explained he was brought on relatively recently after the receiver was approved. He thought if they could get access to the company's metric files they could figure out if there were any sales or how many sales there were, but he suspected based upon the company not having any funding that there had not been many sales to report.
Commissioner Carbone
said the amount was zero.
Commissioner Jabbour
pointed out $12,000.00 in real and personal property taxes were owed on this property. He asked how that would be taken care of.
Mr. Connor
said as Mr. Singer had stated the hope was that this would be sold to a third party similar to what had been done in other situations where the license went into receivership. The first money that would go out would go to satisfy taxes, civil penalties if any from the CCB, and then to any creditors if there was any money left over. In this situation Mr. Connor did not think there would be a lot of money left over. Absent of that
Mr. Connor
was unaware of any other source of revenue or any equipment that had any value other than the actual real property itself. He believed that was owned by the company, but there were some liens against it. In response to Commissioner Jabbour's question, Mr. Waggoner advised there was a payment of $3,916.00 in FY23, but as of today aside of the outstanding reports not received since October, 2023, they still owed the County approximately $6,884.00 in sales tax for FY23.
Mr. Singer
stated the outstanding taxes would be paid as a priority at the time of the closing if the Board approved the transition of the permit.
Commissioner Strickland
closed the show cause hearing. Tim Bohannon stated his concern was getting this closed down and having defined criteria for a sale.
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. Page6 May 7, 2024 and deliberation to determine if there is sufficient cause to revoke Special Use Permits SU-2021-000072 and ETSU-21-82, and Cannabis Licenses CBL-23-24, CBL-23-25, CBL-23-26, and CBL-23-27; located at 2215 E. Anvil Road, Amargosa Valley, NV. Assessor's Parcel Number 019-181-02. Farm Road, LLC - Property Owner. MJ Distributing, LLC - Licensee. 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.
Commissioner Jabbour
made a motion to find insufficient cause to revoke the following permits and licenses: SU-2021-000072, ETSU-21-82, CBL-23-24, CBL-23-25, CBL-23- 26, and CBL-23-27 located at 2215 East Anvil Road, Amargosa Valley, Nevada, and that all taxes be paid as a priority; seconded by Commissioner Carbone.
Commissioner Strickland
asked for the findings and conclusions.
Commissioner Jabbour
amended his motion to find insufficient cause to revoke the following permits and licenses: SU-2021-000072, ETSU-21-82, CBL-23-24, CBL-23-25, CBL-23-26, and CBL-23-27 located at 2215 East Anvil Road, Amargosa Valley, Nevada, that all taxes be paid as a priority, and notice of the Board's final decision and order shall be served upon the licensee or posted on the premise of the licensee's operation; Commissioner Carbone amended his second.
Commissioner Strickland
amended the first and second to read based upon the back-up accepted into the record shown by the Planning Department's findings and asked if Commissioners Jabbour and Carbone would so amend, which they both did.
Commissioner Boskovich
said his goal was to provide jobs, especially for the people in Amargosa, but there needed to be somebody actually doing it and not just sitting there with the building. May 7, 2024 and deliberation to determine if there is sufficient cause to revoke Special Use Permits SU-2021-000072 and ETSU-21-82, and Cannabis Licenses CBL-23-24, CBL-23-25, CBL-23-26, and CBL-23-27: located at 2215 E. Anvil Road, Amargosa Valley, NV. Assessor's Parcel Number 019-181-02. Farm Road, LLC - Property Owner. MJ Distributing, LLC - Licensee.
Commissioner Cox
felt the Board had bent over backwards for these owners who had been absolutely irresponsible. There could have been a new owner in there by now and maybe a flourishing business. She thought the license needed to be revoked and then a third party could get the new license.
Mr. Waggoner
said in his conversations with the CCB if the County was to revoke, which in his opinion the CCB would be very supportive of, there was a good potential that the County would no longer have a cultivation license available because it was based on supply and demand, not the number of licenses the County got for cultivation and production.
Commissioner Boskovich
asked if the license was suspended if the County ran the risk of not having it reinstated.
Mr. Waggoner
said it was his understanding that a suspended license was put into a conditional status with the CCB and was put in abeyance for a year. If it was re- approved by the local jurisdiction, became operational, and was compliant with the State it would be reinstated. However, if that did not happen within that year it would be revoked. Mr. Waggoner then stated he was done with not getting the stuff required in the Code reliant upon the CCB's determinations of financial capabilities, criminal backgrounds, and all of that stuff. It had also been discovered, with this facility in particular, that there had been some marks missed in backgrounds and stuff like that. Since Mr. Waggoner brought that to the Commissioners' attention, Commissioner Strickland thought a better course of action would be to suspend because then they would have to come back for a new license and go through the background checks.
Commissioner Jabbour
believed with Mr. Singer's experience the people who were interested would be vetted and they would be in search of an operator who knew what they were doing. He asked Mr. Waggoner to be patient.
9. 10:00 a.m. - For Possible Action - Public Hearing. discussion and deliberation
Commissioner Boskovich
made a motion to continue these items to May 21, 2024; seconded by Commissioner Carbone. Brett Waggoner said there were special use permit applications running in conjunction with these and it was the applicant's wish to keep them together. Notices were sent out for May 21, 2024, for those special use permits. Erika Gerling stated Beatty had no problem with the continuance.
11. 10:00 a.m. - Presentation by DJ Mills with NyE Communities Coalition,
Commissioner Strickland
said item 25 could be removed from the agenda. Page9 May 7, 2024 TIMED ITEMS
12. 10:00 a.m. - Presentation by Eric Whalen with Pahrump Valley Public
Commissioner Carbone
assumed the Chair of the Board of Highway Commissioners.
13. For Possible Action - Discussion and deliberation regarding the General Road
Commissioner Cox
mentioned the potholes between Twilight and Park Ridge on Emery in the area of Elderberry and at the corner of Linda and Windsong. She asked if the durapatchers were being used now as she felt it definitely needed to be used in those areas.
Mr. Gott
said the one-man durapatcher had been up and functional for three weeks now.
Commissioner Cox
expressed her concerns with the weeds and the wildfire risk they posed. She wondered if notices could be sent to people to plow their lots down.
Commissioner Jabbour
said recently Mr. Gott and Public Works Director Tom Bolling attended a conference in Tennessee. He asked if they were able to secure any products and materials while there and make contacts.
Mr. Gott
said it was a very beneficial conference to go to. They found a supplier for a different product than what they were using to clean the asphalt emulsion machinery at a cheaper price. Tim Bohannon said enough budget needed to be set aside for chip seal for the potholes. May 7, 2024 General Road Report by the Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing. and direction regarding public works proiects.
Commissioner Carbone
said the Commissioners received several calls from people who were very upset about their roads not getting fixed. They did not all use the on-line system but left messages instead. They had indicated they were not getting responses to those messages. He asked Mr. Gott to address that.
Mr. Gott
explained he looked at every single request that came through and if something caught his eye he checked on it. After a third request was received he tried to return a phone call or give an update to somebody, but he said he could be more diligent with that process. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD
Sheriff McGill
assumed the Chair of the Licensing and Liquor Board. LIQUOR
14. For Possible Action - Discussion and deliberation to approve a Retail liquor
Sheriff McGill
explained this was an application for a liquor license for a business on Dahlia. The Sheriffs Office had completed a background investigation as well as a financial analysis and the recommendation was to approve this license. Jessica Nicolas, Martha Lopez Nicolas, and Mr. Jutierec were present.
Commissioner Boskovich
made a motion to approve the retail liquor license for Las Patronaz LLC and Martha Lopez Zanudo Nicolas, applicant; seconded by
Commissioner Strickland
; 6 yeas.
15. For Possible Action - Discussion and deliberation to approve a 90-Day
Sheriff McGill
said this item was for a temporary liquor license for the Neighborhood Market in Beatty. The Sheriffs Office conducted a background check as well as a financial analysis. As a result of those the recommendation was to approve the license with the condition of a certificate of compliance from fire and with that certificate of compliance the temporary license would then automatically morph into a permanent license. May 7, 2024 Day Temporary Retail Liquor License for Tonopah Foods, Inc., dba Neighborhood Market located at 200 W. McDonald St., Beatty, NV. Harvarinderiit Singh Chahal and Ravinder Kaur Dhaliwal -Applicants. Applicant Harvarinderjit Singh Chahal was present.
Commissioner Strickland
made a motion to approve a 90-day permit for the Neighborhood Market in Tonopah with the conditions as stated and with the action as stated by the Chair; seconded by Commissioner Boskovich.
Commissioner Jabbour
noted the motion made mentioned Tonopah, but this was for property in Beatty.
Commissioner Strickland
amended her motion to approve a 90-day permit for the Neighborhood Market in Beatty with the conditions as stated and with the action as stated by the Chair; Commissioner Boskovich amended his second; 6 yeas.
16. For Possible Action - Discussion and deliberation to approve adding William
Sheriff McGill
explained this item was the issuance of a liquor license for The Chicken Ranch and was follow up as a result of William Paccione being added to the business license. The Sheriffs Office conducted a background investigation as well as a financial analysis and the recommendation was for approval.
Mr. Paccione
said he had been associated with the Chicken Ranch since 2017 and had been running it as the chief operating officer since 2022.
Commissioner Boskovich
made a motion to approve adding William Paccione as an additional licensee to the existing liquor license for Western Best LLC dba Leg Horn Bar; seconded by Commissioner Strickland; 6 yeas.
Commissioner Strickland
assumed the Chair of the Board of County Commissioners. May 7, 2024 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP
17. For Possible Action - Discussion and deliberation to approve a waiver of Nye
Commissioner Boskovich
made a motion to approve; seconded by Commissioner Cox; 5 yeas.
19. CONSENT AGENDA ITEMS - These are items that Staff recommend for
Commissioner Boskovich
made a motion to approve items 19.1-19.5; seconded by
Commissioner Cox
; 5 yeas. May 7, 2024 19.2. For Possible Action - Approval of an offer of dedication for road right of way being the entire North 40.00 feet fronting East Manse Road, the entire West 25.00 feet fronting South Hawkins Way. and a 25 by 25 foot spandrel at the intersection of Manse Road and Hawkins Way from Yuwadee Ueai-Ong. designating East Manse Road as a General County Road accepting maintenance and South Hawkins Way as a Minor County Road reiecting maintenance for the purpose of future road improvements fronting the property located at 3271 East Manse Road, Pahrump, NV, Assessor's Parcel Number 045-091-05.
Commissioner Boskovich
made a motion to approve items 19.1-19.5; seconded by
Commissioner Cox
; 5 yeas. 19.3. For Possible Action - Approval of a Restrictive Covenant Running with the Land agreement between Nye County and Storage Ventures LLC., for the properties located at 2340 and 2400 East Basin Avenue, Pahrump. NV. Assessor's Parcel Numbers 035-265-02 and 035-265-03 for the purpose of future road improvements to be paid for by the property owner.
Commissioner Boskovich
made a motion to approve items 19.1-19.5; seconded by
Commissioner Cox
; 5 yeas. 19.4. For Possible Action - Approval to: 19.4.a. Accept the Nevada Office of the Attorney General Services Training Officers Prosecutors (STOP) grant award in the amount of $66,568.20 to provide partial funding for payroll and travel expenses related to the Victim Advocate position. There is a $25,690.72 match required; 19.4.b. Execute the Notice of Sub-Award; and 19.4.c. Fund $66,568.20 to 10340 Grants and $25,690.72 to 10101.
Commissioner Boskovich
made a motion to approve items 19.1-19.5; seconded by
Commissioner Cox
; 5 yeas. May 7, 2024 19.5. For Possible Action -Approval to: 19.5.a. Accept the Fiscal Year 2023 Nevada Division of Emergency Management Emergency Preparedness Working Group (EPWG) grant award in the amount of $83,759.50 to provide funding to purchase equipment. supplies, services or to fund training/exercises directly relating to the functions and responsibilities of Emergency Management. There is no match required; 19.5.b. Execute the Notice of Sub-Award: and 19.5.c. Fund to 10340 Grants.
Commissioner Boskovich
made a motion to approve items 19.1-19.5; seconded by
Commissioner Cox
; 5 yeas. SHERIFF
20. For Possible Action - Discussion and deliberation to issue a Display
Commissioner Jabbour
made a motion to approve items 20 and 21; seconded by
Commissioner Carbone
; 5 yeas.
21. For Possible Action - Discussion and deliberation to issue a Display
Commissioner Jabbour
made a motion to approve items 20 and 21; seconded by
Commissioner Carbone
; 5 yeas. EMERGENCY MANAGEMENT
22. For Possible Action - Discussion and deliberation to:
Commissioner Jabbour
made a motion to approve and execute the agreement; seconded by Commissioner Carbone; 5 yeas. FINANCE
23. For Possible Action - Discussion and deliberation to adopt, amend and adopt.
Commissioner Carbone
made a motion to adopt Nye County Resolution No. 2024-17 augmenting the accounts of 10205 in the amount of $2,086,894.00 and 10209 in the amount of $334,310.00; seconded by Commissioner Jabbour; 5 yeas. PUBLIC WORKS
26. For Possible Action - Discussion and deliberation regarding:
Commissioner Jabbour
made a motion to approve the letter of support for the proposed plan; seconded by Commissioner Carbone; 5 yeas.
27. For Possible Action - Discussion and deliberation regarding:
Commissioner Carbone
said the battery industry was changing every day and asked
Mr. Falk
if he saw anything happening with the lithium process as new things came on the market. ·
Mr. Falk
said as a non-technical guy he could say lithium was the lightest metal on the periodic table so it was very conductive and reactive. He believed lithium would always have a place in the battery industry at least for the foreseeable future because of that.
Mr. Falk
reminded the Commissioners that they were also producing a lot of boric acid which was in 350 different commercial applications.
Commissioner Jabbour
asked if there was a plan to train the locals in Nye and Esmeralda Counties. May 7, 2024 27.a. Presentation by Tyson Falk regarding an update on the development of the Rhyolite Ridge Lithium!Boron project. (5-minute time limit); and 27.b. Approval of a Letter of Support for the Rhyolite Ridge Project during the Draft Environmental Impact Study comment period.
Mr. Falk
said at the outset they absolutely committed to and would like to hire locals first. loneer already had a lot of discussions with local colleges, including Great Basin College which indicated that they were looking to set up a campus in Tonopah. loneer was not only going to put an emphasis on recruiting those folks but also providing them with the necessary skills. Mr. Falk advised anyone interested in getting a position with the company could submit their information to them right now. They would then be on the list and be the first to know about job announcements. Tim Bohannon said if loneer continued to follow the proper protocols this could be a very good thing for the community and Nye County. Erika Gerling asked if there was a plan for housing the employees. Kimberly Gardner asked what phase the project was in, to which Mr. Falk responded the permitting phase.
Commissioner Strickland
asked about the plan for workforce housing.
Mr. Falk
said in order for the company to have longevity and reduce turnover they wanted their workforce to live where it worked for them. For the last couple of years loneer had held bi-monthly meetings with members of the various communities to talk about the needs as well as what the strengths and weaknesses were within the housing markets. Mr. Falk said they planned on implementing a busing network so wherever people lived there would be reliable transportation for them to and from work.
Commissioner Jabbour
made a motion to approve a letter of support for the Rhyolite Ridge Project; seconded by Commissioner Boskovich; 5 yeas.
28. For Possible Action - Discussion and deliberation to approve to relocate
Commissioner Jabbour
disclosed he was the liaison to the Friends of the Belmont Courthouse and a member. Tim Bohannon thought this was a fantastic idea.
Commissioner Jabbour
made a motion to approve relocating 94 law books formerly inventoried in the Nye County Law Library to the Belmont Courthouse; seconded by
Commissioner Carbone
; 5 yeas.
30. For Possible Action - Discussion and deliberation to adopt, amend and adopt,
Commissioner Jabbour
made a motion to adopt Nye County Resolution No. 2024-18, a resolution adopting and enacting the fee schedule of the Carvers Arena Shooting Facility; seconded by Commissioner Boskovich; 5 yeas.
32. Commissioner/Manager Comments (This item is limited to announcements,
Commissioner Jabbour
thanked all of the SAU volunteers, former and current, for everything they did. He reminded everyone to protect their children, family, and friends , conserve water, and spay/neuter pets.
Commissioner Carbone
wanted to see what could be done to get Ms. Hollis some information.
Commissioner Strickland
said it was coming. May 7, 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).
Commissioner Cox
agreed with how Ms. Minshall felt and thought the situation was another example of Agenda 21 at its finest. She wanted it investigated and an opinion from the District Attorney.
Commissioner Boskovich
agreed with Commissioner Cox. He also appreciated the auxiliary and what they did. He wondered if they were not covered if they had their weapon if the Commissioners were covered with their weapons.
Commissioner Strickland
said she would get with Ms. Hollis and Ms. Pitman on their questions.
33. ADJOURN
Commissioner Strickland
adjourned the meeting. Of L~-Jt APPROVED this _ -&=-~- _ _ _ _day ATTEST: Chair Pat Minshall I was at the SAU mtg. Last wk. and it appears that all of the proposed change~~ill be going thru. ~~~fJC)l)Q(l ~°\ \ ~ 0 -\: ~OGC 1--(t\ I don't think there is one change that will make us safer, I actually think that they will put us more at risk. According to Sheriff Mccill he could recall no incidents of an SAU member being hurt on the job, after many years that should mean something. I think taking away our badges was a "slap in the face to us all". We were shown what the cars will look like now, large lettering on the sides that says, volunteer, with NCSAU in small letters underneath. Light bars will be yellow blinking lights with a possible blue light somewhere. When was the last time you stopped for blinking yellow lights. The week before last I drove thru Arizona, New Mexico, Texas, Oklahoma and Arkansas, road crews in all those states had yellow blinking lights with a blue blinking light, no one stopped, slowed down, a few drivers changed lanes. ATTACHMENT 1 The sheriff has been heard telling people that he would like to get rid of us, if that's true it's working. Over 1/3 of our volunteers have resigned. WE GET PAID NOTHING, NOTHING for all the work that we do. We respond to virtually every accident in Nye County 24/7/365 I know that I will not respond to a call our to an accident with yellow blinking lights, that is just not safe. Under former Sheriff Sharon Wehrly we grew and prospered, my only complaint was she wouldn't let me stop good looking men and ask for their phone numbers On another note, Amargosa Fire Department and the town board want to thank Bruce Jabbour for pushing thru for a new "emergency response vehicle" for the Amargosa Fire Department. I understand that this is the first new vehicle that we've gotten in over 20 years. I want all my comments in the minutes please.