June 4, 2019

District Attorney Chris

Arabia was not present at this time,

Commissioner Koenig

asked to have his statement on page 3 of the April 30, 2019. minutes reworded from “asked to have the budget hearings next year when the Sheriff could be present to ‘next year’s budget hearing when the Sheriff could be present.”

Commissioner Wichman

made a motion to approve with that correction; seconded by

Commissioner Strickland

; 5 yeas SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Blundo

advised the pubhc a couple of great things were in the works.

Commissioner Koenig

told Dave Stevens he was working with several others on getting an animal shelter, but it was not something that would happen overnight. Public Information Officer Arnold Knightly mentioned the passing of Commissioner Jane Logan late last month at the age of 98, who was the first female Commissioner for Nye County from 1980-1984.

Commissioner Koenig

said former Commissioner Gary Hollis was going into the hospita l on June 13, 2019, for lung surgery. TIMED ITEMS

Commissioner Blundo

made a motion to accept the Treasurer’s report for April, 2019; seconded by Commissioner Cox; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners.

Commissioner Cox

said she received a citizen request to check out the potholes on Basin between Barney and Leslie.

Commissioner Wichman

asked when Toquima Range Road would be back on the rotation, to which Public Works Director Tim Dahl responded he would look into it.

Commissioner Strickland

said the durapatcher was discussed at a recent RTC meetin g and asked if that was moving forward,

Mr. Dahl

said they took it to the RTC, which approved purchasing the durapatcher. The cost went up a little bit, but it would be funded through the RTC and it would be in Pahrump full time. He was going through the procurement motions and said it would be at least 30 day before it was ready to be used. June 4,2019 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. CLERK

Commissioner Wichman

made a motion to appoint Melanie Morales; seconded by

Commissioner Strickland

. John Bosta advised Ms. Morales worked for the chairperson at the Acres marijuana establishment. He thought it would be difficult for a person to sit on the town board when her boss was the chairman of the other board. He highly recommended reconsidering someone else. Trevor Dolby said in a small community conflicts of interest arose, however, he believed the NRS provided a mechanism to deal with those. He would have recommended Ms. Morales,

Commissioner Wichman

made a motion to appoint Ryan Perchetti, Charlie Cecchini and John Terras; seconded by Commissioner Strickland; 5 yeas. SHERIFF

Commissioner Blundo

made a motion to renew; seconded by Commissioner Wichman; 5 yeas.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Cox; 5 yeas. June 4,2019 BOARD OF COMMISSIONERS 12. For Possible Action Discussion and deliberation regarding approval to purchase a plague honoring Dick Carver.

Commissioner Strickland

made a motion to approve a plaque honoring Dick Carver; seconded by Commissioner Blundo.

Commissioner Wichman

asked that the plaque be placed in Tonopah.

Commissioner Wichman

asked Savannah Rucker about the funding.

Mrs. Rucker

said a couple of options were in the back-up. The first one was to fund from the operating transfer out of the general fund for net proceeds. The second one was to fund from contingency. Considering this item was kind of an unknown contingency could be utilized and that would be the preference of the Finance Office.

Commissioner Wichman

made a motion to approve based on funding from contingency; seconded by Commissioner Strickland.

Commissioner Blundo

explained he wanted to bring this back because he believed it would be a measure that would address liabilities in the court.

Commissioner Blundo

confirmed with Mrs. Rucker it would be a July 1, 2019, start date. COUNTY MANAGER

Commissioner Wichman

made a motion to determine one vehicle as described in the back-up was excess and it was in the public’s best interest to sell or salvage and June 4,2019 19. For Possible Action Discussion and deliberation to: 1) determine that one (1) excess Nye County Vehicle is no longer required for public use; and 2) determine it is in the best interest of Nye County to dispose of the excess vehicle through salvage or other means with any resulting funds deposited into Fund 10402 Capital Projects-Cont’d. deposit the money into 10402, Capital Projects; seconded by Commissioner Blundo; 5 yeas. Chris Arabia was present. FINANCE

Commissioner Wichman

asked if the bids came back nonresponsive because they did not provide something. Honey Strozzi from the Finance Department said no. She explained she felt the bid documents needed more clarification within the scope of work such as insurance requirements, maintenance, and special conditions: to answer her questions and those of the bidders who submitted a bid. The first recommendation would be to reject all bids and then re-bid, but upon further discussions that did not seem to be necessary. This item could possibly be moved to the June 18, 2019, meeting to get the clarification needed and move forward at that time.

Commissioner Wichman

made a motion to continue this item to the next meeting; seconded by Commissioner Strickland.

Commissioner Cox

did not see why this could not move forward now and have the details worked out work with staff.

Mrs. Strozzi

stated the bids were to be determined by an evaluation panel and a recommendation made, but that panel had not been developed. She said it needed to be developed soon and someone with knowledge and skill concerning the bid and scope needed to be part of it.

Commissioner Cox

disagreed with having a board for every bid. She also thought that provision should have been brought to the Board to begin with and should be taken out.

Commissioner Wichman

said this was an unusual bid process as it was a scope of work specific to the animal shelter. Normally when bids went out there was an evaluation team that recommended to the Commissioners and it was within the departments that were the experts in whatever the bid was on. June 4, 2019 20. For Possible Action Discussion and deliberation to accept or relect any or all bids and provide direction to staff regarding Bid No. 2019-11 Animal Shelter Services-Cont’d.

Commissioner Koenig

said if that language was taken out it would have to go out to bid again. Chris Arabia said that was correct.

Commissioner Strickland

said she did not want to go out to bid again, so her second stood and the evaluation needed to be done or the bid was placed improperly. Dave Stevens thought a new shelter was going to be built. Amniie Nelson agreed with Commissioner Cox that a bid should be accepted. She did not know if the committee would be holding up the time it would take to get this on the road, but the shelter needed this help and was running out of time. Herman Lewis said he was going to write a letter of support for Jane Carbone, Desert Haven, and Richard D’lorio. He said he had been watching the animal shelter situation go on for years and this needed to get done.

Commissioner Koenig

said unfortunately it was part of the bid form and that was what they bid on, so if that was taken out it would have to go out to bid again.

Commissioner Cox

asked if a motion could be made to delete that portion of the bid process from the document and continue without this having to go in front of an evaluation panel.

Mr. Arabia

supposed the Board could, but he would not recommend it as it was fraught with peril. He thought Commissioner Koenig’s explanation of the reason to put this off was sound.

Commissioner Cox

said if there was going to be a designated County evaluation panel she wanted it to come in front of the Board for a vote, and she wanted it to be a specific County evaluation panel, not someone sitting and taking care of business in their office.

Commissioner Koenig

commented that requirement was in the bid document when it came out a month ago.

Commissioner Blundo

said he would like to know when staff had the evaluation and that it was done before June 18, 2019. June 4,2019

Commissioner Wichman

made a motion to award the bid to Wulfenstein Construction in the amount of $19000000, execute the contract and fund from 205; seconded by

Commissioner Strickland

; 5 yeas. PUBLIC PETITIONER

Commissioner Wichman

made a motion to approve the letter of support; seconded by

Commissioner Blundo

; 5 yeas. BOARD OF COMMISSIONERS 9. 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.

Commissioner Wichman

made a motion to go into closed session; seconded by

Commissioner Strickland

; 5 yeas. 10. 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. The Board was in a closed meeting. 11. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Commissioner Wichman

suggested directing staff to work with the District Attorney’s Office on what the Boards options were and how to move forward. Judge Kimberly Wanker stated it was a valid court order, not a request for the Board to do something, and there was no disrespect intended. She discussed a judge who was June 4,2019 13. For Possible Action Discussion and deliberation regarding Order for Permanent Full-Time Law Clerk filed May 29, 2019-Cont’d. disciplined because when his position was denied he did not order the board to staff and fund it. If the order was not going to be followed, Judge Wanker said she had no other recourse than to issue an order to show cause as to why the Sheriff should not be held in contempt of court.

Commissioner Wichman

said she would like to pursue this further and find out exactly what the other courts would order. She told Judge Wanker she had her budget and could do what she wanted with it and work with personnel however she saw fit. Judge Wanker asked if there was no money to meet statutory requirements why staff just approved $4,000.00 to put lights and sirens on a bailiff car when that bailiff could not pull people over, why the bailiff was allowed to take the car home for lunch and spend taxpayer money for gas, and why Angela Bello was put on the payroll for two weeks to get her PERS. Bradley Richardson recommended being more specific on the direction to staff.

Commissioner Wichman

said the direction was the County Manager was to talk with Mr. Richardson and the District Attorney and outline the path forward as discussed in the closed session.

Commissioner Blundo

said he would like an item to come back showing the numbers and if it could be funded as well as options moving forward if the Board chose not to fund it.

Commissioner Cox

pointed out items 13 and 20 were similar and she did not understand why the Board could not move forward on this.

Mr. Richardson

explained the County had 30 days to appeal the order, which was a short time period to take action to prevent the effect of it He suggested directing staff and the District Attorney to lodge an appeal and other actions with respect to the effect of this order or do nothing and a potential order to show cause could be issued to the Sheriff.

Commissioner Wichman

withdrew her direction to staff.

Commissioner Wichman

made a motion to direct staff to pursue an appeal with the District Attorney’s Office; seconded by Commissioner Strickland.

Commissioner Cox

did not want to see the Sheriff held in contempt of court. She thought pursuing this may cost more money in the long run than to hire the position and would rather have a motion to let the judge have what she said she needed. June 4,2019 13. For Possible Action Discussion and deliberation regarding Order for Permanent Full-Time Law Clerk filed May 29, 2019-Cont’d.

Commissioner Strickland

said the Commissioners needed to see if this was even something that could go forward with the courts. She told Judge Wanker that if she had allowed the Board some time rather than hitting them right when they got done with the budget they may have gone through with this. She stated her second stood because she was not sure the judge could even file this. Herman Lewis talked about how County staff was given December 24, 2018, off with pay which cost more money instead of saving any. Ammie Nelson felt the judge’s request for a clerk was on the public’s behalf and if the County stopped paying for high paying positions like lieutenants then it could afford to fund the courts. Robert Thomas Ill thought the Board should approve what the judge was asking for. If they did not and sent it back to staff, he invited the Commissioners to read the best policies for the handling of drug court. Those slated the District Attorney should be staffed in there along with the public defender, and there should be more probation officers assigned to the court. All of that would cost money, but Mr. Thomas pointed out it would reduce the crime rate and the congestion in the court as the people in drug court would be better supervised. Jerry Butler said the judge should get what she needed. John Bosta stated the budget should be provided for the safety of the citizens of the County and high paid salaries should be reduced so the services could be provided to the people.

Commissioner Blundo

said he wanted the County Manager to look into some of the things the judge talked about, like the County vehicle.

Sheriff Wehrly

thanked Commissioner Wichman for honoring someone she always thought was a hero in the County, Mr. Carver. She said it took a lot for him to stand up and do the things he did and she wished there were more people who would stand up and say the things that needed to be said.

Commissioner Koenig

adjourned the meeting. APPROVED this day ATTEST: Of 2019. Qj Nyb Conty Clerk / Deputy