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Public meetings / Board of County Commissioners

April 2, 2019

88 turns, 88 with a named speaker, under 18 agenda items. The words and the names are the county clerk's.

Attendance

Commissioner Cox

was present via telephone,

3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will

Commissioner Blundo

for having his town hall meeting.

4. For Possible Action Discussion and deliberation of the minute of the joint

Commissioner Wichman

made a motion to approve, which was seconded by

Commissioner Blundo

and then withdrawn as Commissioner Cox had a change she wanted made.

Commissioner Cox

said on page 23 Commissioner Wichman added some statistics to what Commissioner Cox had said and she would like those included.

Commissioner Wichman

made a motion to approve with those changes; second ed by

Commissioner Blundo

; 5 yeas.

Sheriff Wehrly

was present. April 2,2019 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

6. Commissioners’IManager’s Comments (This item limited to announcements or

Commissioner Strickland

talked about the event for the charter school and said she learned a lot. She looked forward to seeing how the rest of the community felt about it. She also attended Commissioner Blundo’s town hall event.

Commissioner Wichman

said she would have a couple items on the next agenda. She advised Ammie Nelson that there were no municipal water systems in Belmont and the wells she was concerned about were privately owned. The Nye County Water District provided all homeowners with testing kits and there were only one or two that needed to be cleaned up with simple chlorine if she remembered correctly. As to the grants,

Commissioner Wichman

advised grants had been applied for but asked everyone to keep in mind that courthouse was a County-owned building.

Commissioner Blundo

mentioned the passing of Marty McDonough, Curtis Mick, and Iris Rowland. He then advised he spoke with the VEA board members and asked staff to reach out to have them on the agenda to give them an opportunity to speak about the rate increase and overall what was going on with them. Lastly, Commissioner Blundo said his town hall was very successful and apologized for the invitations being received a day late.

Commissioner Strickland

said it had been brought to her attention that the post office had taken it upon itself to give new addresses throughout Pahrump. The physical addresses on both Highway 160 and Highway 372 were now Nevada Highway 160 or 372 and highway had to be spelled out.

Commissioner Koenig

said VEA announced their regular meeting would be on March 27, 2019, and immediately following that meeting they would hold a special meeting to go over all the things that had been going on. Public Information Officer Arnold Knightly reminded everyone that April was National County Month and Nye was participating this year wholeheartedly. The theme was Connecting the Unconnected.” Some departments were being highlighted along with what they did for the citizens and how the vast County was connected together. He asked for suggestions. Secondly, on May 18, 2019, U.S. Ecology would hold a household waste event at the Pahrump landfill from 7:00 a.m. to 4:00 p.m. Lastly, Mr. Knightly mentioned the passing of Milt Bozanic, the founder of the Pahrump Valley Times. April 2.2019 6. Commissioners’IManaqer’s Comments (This item limited to announcemen ts or topics/issues proposed for future workshops/aciendas)-Cont’d. Sam Merlino discussed AB345, one of the election bills proposed during this legislative session that the clerks believed would pass. Some of the provisions in the bill included voter registration during early voting as well as same day voter registration on Election Day. The concern was making sure no one voted in another County so the clerks had come up with giving those people a provisional ballot when they came in to register. There would then be 14 days to determine if those individuals had voted in other counties in the State. Not only would that push the canvass out a couple of weeks, but there was another provision that extended the acceptance for absentee ballots . Mrs. Merlino said it used to be they had to be in the Clerk’s Office by 7:00 p.m. on Election Day. This provision allowed seven more days to receive them as long as they were postmarked by Election Day, so the results on Election Day would not be the results as there would be provisional and absentee ballots to count after the fact. Mrs. Merlin o hoped with automatic voter registration Nye would not have too much of an issue because hopefully everyone would already be registered, but being a preside ntial election she could guarantee this issue would occur.

Commissioner Wichman

asked if Mrs. Merlino’s association had put forth the fiscal notes.

Mrs. Merlino

said yes and she did not see a huge cost for Nye County becaus e she was able to hire another employee in Tonopah for voter registration. There might be additional costs for programmers though to accept voters in real time on Election Day and during early voting.

Commissioner Wichman

stated her belief that AB258 would reverse the changes made to the election process in 2015 regarding the manner in which candidates were placed on the ballot. Also, there were piles and piles of bills going through the Legisl ature that affected workmen’s compensation and bargaining units which would have a huge impact on every county.

Mrs. Merlino

added there was also a public records bill which was ugly.

Commissioner Wichman

said that bill stated if the records were not provided in a timely manner the individual employees would be held liable. AprH 2, 2019 TIMED ITEMS

10. 10:15—Treasurer’s Report.

Commissioner Koenig

asked him where he thought the County would be by the meeting with the Department of Taxation (DTAX) at the end of the month.

Mr. Prudhont

said the biggest challenge was with the changeover that happened in November, 2017. There were a lot of things that people were trying to do and making best efforts to complete, but unfortunately a lot of mistakes were made because people did not know certain things. He wished he could give a better timeline, but every month they were running into huge problems. The best Mr. Prudhont could say was he would have as many reports as he could by the CLGE meeting, but he would rather do it right than to have reconciling issues because they could not find the errors that led up to that. He also confirmed for Commissioner Blundo that cross training was occurring right now. 8. 10:00 For Possible Action Public Hearing, discussion and deliberation to: 1) — — Adopt, amend and adopt, or reject Nye County Bill No. 2019-04: A Bill proposing to amend Nye County Code 17.06 relating to the Zoning and Special Use Permit reguirements for Marijuana Establishments; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Koenig

mentioned staff’s recommendation was to continue this until May 21, 2019.

Commissioner Koenig

opened the public hearing and reminded everyone that what came back would be different than what it was today. John Bosta said it was not indicated that this was for the County and did not include the town elected boards. He stated the bill had no impact on the Amargosa Town Board as April 2, 2019 8. 10:00 For Possible Action Public Hearing, discussion and deliberation to: 1) — — Adopt, amend and adopt, or reject Nye County Bill No. 2019-04-Cont’d. it had its own ordinances. The bill also did not reflect that the County had authority only outside of the unincorporated towns.

Commissioner Blundo

wanted to wait to hear this item until after the legislative session.

Commissioner Blundo

made a motion to continue this item until July 16, 2019; seconded by Commissioner Strickland; 5 yeas. 9. 10:00 For Possible Action Public Hearing, discussion and deliberation to — — adopt, amend and adopt, or reject Nye County Resolution No. 2019-14: A Resolution Authorizing a Medium-Term Obligation, for the purpose of acquiring new fleet vehicles for Nye County. Savannah Rucker explained this was an authorization to request an approval from DTAX for Nye County to take out a medium term obligation for year two fleet acquisition. The resolution was a maximum limit so it was up to $950000.00, up to 5.99% interest, and an annual payment of up to $225000.00, all of which could be sustained through the County Capital Fund 10401 which saw a revenue stream of net proceeds, the tax on mining materials.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Blundo

asked if this focused on purchasing 20 to 25 vehicles for the Sheriff’s Office.

Mrs. Rucker

said the entire fleet would be analyzed, but the majority of the vehicles would go to the Sheriff’s Office. She explained that the program details had been presented at past meetings prior to Commissioners Blundo and Strickland being on the Board. Typically lease vehicles were purchased from dealers that could receive a service in Pahrump. The Sheriff’s new vehicle was a Chevy Tahoe and the focus would be on Dodges for the deputies.

Commissioner Blundo

said doing the math 30 vehicles from Metro would cost $195,000.00 and this item was asking for five times that amount.

Mrs. Rucker

said that was another part of the program. They were still working with Metro to replace the Sheriffs Office vehicles in conjunction with this. She pointed out that the Sheriff’s Office fleet was in such bad shape it needed to be attacked from both ends. There was also not enough funding available to take out the size of the loan needed to replace the vehicles.

Commissioner Blundo

suggested looking at other agencies besides Metro which surplus vehicles as he did not think all options were being looked at. April 2,2019 9. 10:00 For Possible Action Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2019-14-Cont’d.

Commissioner Strickland

said she wanted to see the fleet upgraded, but she did not even know how many vehicles were in the Sheriff’s Office fleet.

Sheriff Wehrly

said they had around 100 patrol vehicles, both marked and unmarked. She said the biggest problem she faced when she got into office was almost 20% of the vehicles were getting ready to be pulled off line so they started looking all over the place. Historically the Sheriff’s Office had gone to Utah to buy vehicles which were previously owned, but she found out most of the agencies were now using GSA, which meant the vehicles went back to GSA instead of being excessed.

Commissioner Wichman

made a motion to adopt the resolution authorizing the medium term obligation; seconded by Commissioner Strickland.

Commissioner Strickland

asked for more information from staff as to how this program worked.

Commissioner Blundo

asked what the average life cycle of the vehicles was.

Sheriff Wehrly

said it was 200,000 to 205,000 miles for a safe vehicle. The life cycle of a patrol vehicle because it was used hard and driven 24/7 sometimes was around 190,000, but they had been getting anywhere from 190,000 to 250,000 miles out of them and they were unsafe at that point. Lieutenant Dave Burochowitz noted the first wave of cars purchased was a fleet of Admin vehicles that did nothing for public safety. He did not think when the fleet program was authorized the intention was there would be no public safety vehicles purchased. Lieutenant Burochowitz said their vehicles died daily and they were unable to respond to help the citizens. He said they were trying to protect the public and if they had to get portable lights and check fleet vehicles out of Admin they would.

Commissioner Wichman

stated the fleet program was put together based on the age and condition of vehicles and had nothing to do with what department they were in. She explained she made the motion because this was a lease program that allowed the vehicles to be turned in for a new one when their useful life was done. The program had already saved the County money in the vehicles put in fleet and it also guaranteed their reliability. Her motion stood.

Mrs. Rucker

said DTAX had asked for one paragraph to be added at the bottom of the resolution stating “It is further resolved the Finance Officer of the County is hereby authorized and directed to forward a certified copy of this resolution to the Lxecutive Director, Department of Taxation, Carson City, NV. This resolution shall become effective upon the approval of the Executive Director of the Department of Taxation of April 2, 2019 9. 10:00 For Possible Action Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2019-14-Cont’d. the State of Nevada as provided in NRS 350.089, which approval shall be recorded into the minutes of the Commission.”

Commissioner Wichman

amended her motion to adopt the resolution and include the language Mrs. Rucker read; Commissioner Strickland amended her second.

Commissioner Blundo

wondered what would happen if the capital projects fund ran low on money and if the County could loan itself $1 million because of the interest.

Mrs. Rucker

said the revenues generated by net proceeds were moved out of the County general fund into the capital fund to afford projects like this. As to the County loaning to itself, she said this was bridge funding to get over the initial hump of the huge requirement for new vehicles. In future years she saw the County purchasing vehicles outright and not taking out a loan.

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners.

11. General road report by Public Works Director.

Commissioner Wichman

asked when the second durapatcher would be purchased.

Mr. DahI

said the chipper was actually brought to Tonopah last week and it would be run through its paces in the very near future for all the obligations committed to last year.

Commissioner Wichman

said people in Monitor Valley had not been able to get over the Morris Creek Pass since December. She checked it out over the weekend and the road was still impassable and had not seen a blade all winter.

Commissioner Cox

advised the corner of Deerskin and Unicorn was going to pieces by the day.

Commissioner Koenig

expressed his appreciation that the cracks on Harris Farm Road were patched. April 2,2019

Commissioner Blundo

asked for the status of cold mix patch acquisition,

Mr. DahI

explained the asphalt plant in Pahrump that was purchased from was down for a good 30 days. When it was brought back up they were able to complete a couple of jobs, but then it went down again. Mr. DahI had no recent updates, but as soon as it was up he had a standing order to get some more cold mix.

Commissioner Blundo

asked when the speed limit signs would be taken to Jaybird.

Mr. Dahi

said it was scheduled and they would put the radar trailers out so people could get their speed as well as a counter so they could determine what the appropriate speed should be.

Commissioner Wichman

asked if he had heard anything from the Town of Hadley and wanting to proceed, to which Mr. DahI responded no although they were still continuing to help them when they had emergency repairs which they reimbursed.

Mr. DahI

then advised the taxiway improvement project at the Tonopah Airport would start April 11, 2019, which would be an eight week project primarily FAA funded. Also, he had initiated chip seal equipment testing so they could get started as soon as the weather permitted on some of the obligations made in the past for the outlying areas.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

19. For Possible Action Discussion and deliberation regarding Nye County

Commissioner Blundo

made a motion to approve Town of Pahrump Proclamation P2019-01 and Nye County Proclamation P2019-03 with the five Commissioners signing to support; seconded by Commissioner Strickland.

Commissioner Blundo

said in items like this supporting something he would like all Commissioners to sign it. April 2, 2019 12. For Possible Action Discussion and deliberation regarding Town of Pahrump Proclamation No. P2019-01: A Proclamation Recognizing April 2019 as National Parkinson’s Awareness Month-Cont’d. 19. For Possible Action Discussion and deliberation regarding Nye County Proclamation No. P2019-03: A Proclamation Recognizing April 2019 as National Parkinson’s Awareness Month-Cont’d.

Commissioner Blundo

made a motion to adopt Town of Pahrump Resolution 2019-03; seconded by Commissioner Wichman; 5 yeas. 14. For Possible Action Discussion and deliberation to 1) Award Bid 2019-01 Kellogg Park Clearing Grubbing and Grading to Wulfenstein Construction in the amount of $549,585.82; 2) Execute the contract; and 3) Fund $150,000.00 from 25252 Parks Impact Fee Fund and the remaining $399,585.82 from 25223 Parks Room Tax Fund.

Commissioner Strickland

made a motion to award Bid 2019-01 to Wulfenstein Construction in the amount as stated, execute the contract in the amount as stated, and fund from 25252, Parks Impact Fee Fund, and the remaining amount as stated from 25223, Parks Room Tax Fund; seconded by Commissioner Wichman.

Commissioner Blundo

asked when the Board approved this to go out to bid. DanieNe McKee, Purchasing and Contracts Administrator, said this went out to bid in 2017. The Board approved $1.6 million for the overall project, but the bid in 2017 came in over $2 million so it was rejected. She explained that since the original bid came in so high it was decided to scope it out so this was the first phase of the project. It was also partially grant funded. Additionally, the overall project was a prevailing wage project and that was why the initial bid came in so much higher as the original estimate did not account for prevailing wages. Dwight Lilly wondered if there was any timeframe for completion of the park.

Commissioner Wichman

made a motion to set the date and time for the next Tonopah meeting at 10:00 a.m.; seconded by Commissioner Blundo; 5 yeas. BOARD OF COMMISSIONERS 16. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 17. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 18. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. April 2, 2019 CLERK

20. For Possible Action Discussion and deliberation to appoint one member to

Commissioner Wichman

said the Hospital District Board met last night and decided they wanted to re-advertise, However, the dynamics of that Board currently was the seat to be filled put them down one, so it was board of four, and she detected that they needed help.

Commissioner Wichman

made a motion to appoint Timothy Gamble who had an excellent resume and a very sound application; seconded by Commissioner Blundo; 5 yeas. COUNTY MANAGER

21. For Possible Action Discussion and deliberation to accept, by grant

Commissioner Blundo

made a motion to accept by grant donation a 2004 FRHT X Line motorhome command center from the State of Nevada Department of Public Safety to the Sheriff’s Department; seconded by Commissioner Strickland. Tim Sutton asked the motion be amended as it would be a Nyc County asset instead of Sheriff. He explained all assets given to the County were deemed Nye County assets and then assigned to a particular department.

Commissioner Blundo

amended his motion to accept it as a Nye County asset for use through the Sheriff’s Office; Commissioner Strickland amended her second; 5 yeas.

22. For Possible Action Discussion and deliberation regarding Amendment #1

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. April 2,2019

23. For Possible Action Discussion and deliberation to: 1) determine that a

Commissioner Wichman

made a motion to approve 3) which considered the application to the Board of County Commissioners for permission to acquire the real property below, and 1) to determine a public purpose may be served by the acquisition of properties described, and reject 2); seconded by Commissioner Blundo. Dwight Lilly wondered how this tied into the loans the County made to the hospital. He had not seen any reports showing a loan payment and asked if there could he a status discussion of that loan and what this property was going to be used for as there were a lot of parcels.

24. For Possible Action Discussion and deliberation to: 1) Award Bid 2019-01

Commissioner Wichman

made a motion to award the bid to Ben Dotson in the amount of S52,218.00, execute the contract and fund from 10291, County-Owned Buildings. April 2:2019 24. For Possible Action Discussion and deliberation to: 1) Award Bid 2019-01 Belmont Courthouse Remodel to Ben F. Dotson Construction, Inc. in the amount of $52,218.00; 2) Execute the contract; and 3) Fund from 10101 Contingency Cont’d. Savannah Rucker clarified it would be funded from 10402, Capital Funds: not County- Owned Buildings.

Commissioner Wichman

explained this was the item she brought to the Board in the past and asked for $50,000.00 to go toward this project. It was $52,218.00 and that was what she was now asking for.

Commissioner Blundo

seconded the motion to award the bid to Ben Dotson in the amount of $52,218.00, execute the contract and fund from 10402, Capital Funds. Danielle McKee added the balance of the $50,000.00 allocated toward this project was $45,472.47, which left S6,745.53 to be funded by the Friends of the Belmont Courthouse. She understood Commissioner Wichman was asking for the County to fund that.

Commissioner Wichman

said that was correct since it was a County-owned building.

Commissioner Blundo

asked what documents were not submitted by the other bidder.

Mrs. McKee

said there were two addendums to the bid package. The first one was to change the specifications to allow a different type of wood and the second one was adding a one year warranty to the overall project. Neither of those were signed and returned with the bid. Donna Motis, chair of the Friends of the Belmont Courthouse, thanked the Board and staff for everything they did for them. Ammie Nelson did not understand why the historical restoration part of the State did not help pay for this with grant money.

Mrs. McKee

said the State Historic Preservation Office (SHPO) had grants available, but the requirements to get the funding were very stringent. John Bosta said at the Amargosa Town Board meeting Tuesday there was a typographical error on the agenda and the chairman recommended the item be pulled.

Mr. Bosta

felt this item should have been pulled as well since there was an error.

25. For Possible Action Discussion and deliberation to: 1) Award Bid 2019-02

Commissioner Blundo

made a motion to award Bid 2019-02, execute the contract, and fund from 10101, General Fund; seconded by Commissioner Strickland. Lieutenant David Burochowitz asked for a couple of additions to the motion. One was the company would negotiate with the County if and when the Tonopah jail opened. The other would he language that the equipment could be mixed and matched as long as it did not alter the value of the contract. He advised the company representatives were present and had agreed to those changes.

Commissioner Blundo

amended his motion to approve and negotiate for the Tonopah jail and include language to mix and match but not alter value for the equipment;

Commissioner Strickland

amended her second; 5 yeas. PLANNING/BUILDINGICODE COMPLIANCE

26. For Possible Action Discussion and deliberation on Tentative Commercial

Commissioner Strickland

said she would like to remove this item, After further discussion it became apparent some NAC requirements had not been addressed for this subdivision because the Board did not have the opportunity to review it in time.

Commissioner Strickland

made a motion to reschedule this item for the next Tonopah meeting; seconded by Commissioner Wichman. Pat Minshall did not see where this addressed Civilwise Services needing to go to the Amargosa Town Board and planning comnittee before this went forward per the County’s master plan. John Bosta pointed out that Section 2.1 of the County’s comprehensive plan stated the County would defer to towns with land use plans. He said this item was never brought to the Amargosa Town Board. Trevor Dolby thanked Commissioner Strickland for her attention to this.

27. For Possible Action Discussion and deliberation to: 1) approve the renewals

Commissioner Wichrnan

explained this item had been an ongoing issue with the BLM for several years. The BLM had expressed they no longer wanted to do R&PP leases so in conversations with the Director of Public Works this was agreed to only because she had learned there was a possibility in the future for mining the landfills.

Commissioner Wichman

made a motion to 1) approve the renewals of the one year lease, and 2) consider purchasing the landfills; seconded by Commissioner Blundo; 5 yeas.

28. For Possible Action Discussion and deliberation for approval to submit

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo.

Commissioner Blundo

asked which staff members went to Phoenix, Arizona. Tim DahI said he went as the Public Works Director along with Darin Tuck and Cody McKee. He explained it was an annual conference where the five year plan submitted to the FAA for continuing improvements to all the airports was reviewed.

29. For Possible Action Discussion and deliberation to adopt, amend and adopt,

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Blundo. AprU 2,2019 29. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2019-15-Cont’d.

Commissioner Blundo

asked if this would have been apphcable in Pahrump.

Commissioner Wichman

said no. The Nye County Senior Nutrition was for County senior nutrition programs in Gabbs, Tonopah, Amargosa and Beatty. The Pahrump Senior Center had chosen to remove itself from the County program.

31. ADJOURN

Commissioner Koenig

adjourned the meeting. APPROVED this day ATTEST: Of C(\flJç 2019. Cr 4 ( Ny CoOnty Clerk / Deputy