Public meetings / Board of County Commissioners
December 3, 2019
112 turns, 112 with a named speaker, under 19 agenda items. The words and the names are the county clerk's.
3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will
Commissioner Koenig
said he sent it to the Public Works Director to look at. Diane Southworth said the new restrictions the President wanted to put on the SNAP program were highly detrimental to this County. There were approximately 7,000-9,000 people a month who received extra help from food banks, which was an average of one December 3 2019 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first)-Cont'd. in four people. With the proposed cuts approximately one in five people on the SNAP program would lose $75.00 a month in food stamps. Ms. Southworth thought the County, the towns , the churches, and anyone with a heart at all needed to do something about this. Ms. Southworth then talked about the children 's room at the library and the gun debate. She said many people in Pahrump wore guns legally and properly and never caused a problem , however, she asked what if someone went to the library and shot some kids. She stated it was just not one's gun rights but also people's lives and everyone needed to look at that.
4. For Possible Action - Discussion and deliberation regarding meeting minutes
Commissioner Strickland
made a motion to approve; seconded by Commissioner Blundo ; 5 yeas . SITTING AS THE BOARD OF COUNTY COMMISSIONERS
6. Commissioners'/Manager's Comments (This item limited to announcements or
Commissioner Cox
read a resolution the Board adopted on October 4, 1994, which gave all Nye County citizens the right to have arms of their choice. She felt everyone had a right to carry their guns wherever they wanted including County and town buildings.
Commissioner Blundo
said the Thanksgiving dinner at the Coalition was excellent with over 500 meals served. There would be a Christmas dinner on December 24, 2019, at the Coalition, and he would have a Christmas party at his restaurant , Carmelo's Bistro, on December 21, 2019. Tim Sutton publicly thanked the employees in Tonopah for enduring the power outage last week which resulted in a lack of light and heat. December 3 2019 TIMED ITEMS
7. 10:15 - For Possible Action - Discussion and deliberation regarding the
Commissioner Blundo
commented that seeing the Yucca funds at zero bothered him. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS
Commissioner Blundo
assumed the Chair of the Board of Highway Commissioners.
8. For Possible Action - Discussion and deliberation regarding General Road
Commissioner Wichman
expressed her thanks to "Bronco " for the plowing.
Commissioner Cox
said there were bad ruts on the corner of Gamebird and Pahrump Valley that had been there for several months and needed to be addressed. Mount Charleston also needed to be looked at.
Commissioner Koenig
asked to be informed when the 45 mph speed limit signs on Pahrump Valley Boulevard would happen.
Commissioner Blundo
said a lake formed by the Green Valley Grocery at the corner of Highway 372 and Blagg when it rained heavily. He wanted to get together with Mr. Dahl and look at a couple of solutions . Public Works Director Tim Dahl advised Arnold Knightly provided him with some information about the road maintenance/pothole requests. There were 181 requests since April, 2019, an average of 23 requests per month. Of those, 162 were for potholes, 36 were for gravel road maintenance, and 34 were for weed mowing/tree trimming . Mr. Dahl said there were very few from the outlying areas and he encouraged them to use the system. In addition to the 181 requests received via the internet there were also 294 over the counter requests in that time. December 3 2019 SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD
Commissioner Strickland
assumed the Chair of the Licensing and Liquor Board . GAMING
9. For Possible Action - Discussion, deliberation, and direction to staff regarding
Commissioner Blundo
wondered how much of this information was above and beyond what was typically asked for. Detective Chris Sehnert advised it was all pretty standard at this point. Sukhbar Dhillon, the applicant, stated he never received anything. Someone told him he was on the agenda half an hour ago and that was why he came.
Commissioner Koenig
handed Mr. Dhillon the letter sent along with the track ing information, which Mr. Dhillon said he never saw but could comply with in a couple of days .
Commissioner Blundo
asked Mr. Dhillon if he currently had a gaming license , to which
Mr. Dhillon
responded yes. Detective Sehnert believed Mr. Dhillon had a temporary, but when this started he changed from having Best Bet Gaming to his own slot route. Comm issioner Blundo made a motion to continue this item to the next meeting ; seconded by Commissioner Koenig.
Mr. Dhillon
stated he provided all the information a few months ago and thought he was given a permanent license .
10. For Possible Action - Discussion, deliberation, and direction to staff
Commissioner Koenig
noted there was a letter along with USPS tracking that it was delivered. He did not understand why they would not come to the meeting.
Commissioner Blundo
said he had a conversation with Mr. Johnson regarding his frustrations. Mr. Johnson was previously licensed through Nevada Treasurer's and had been investigated . When Commissioner Blundo spoke to him towards the end of October Mr. Johnson said he paid the fee. Commissioner Blundo thought this was one of those cases where he was good with continuing it to the next meet ing to make sure
Mr. Johnson
was aware to be present.
Commissioner Koenig
understood he was licensed under their ownership, but now he was the owner. The Sheriffs opinion was if there was a lapse in time between one and the other, she really wanted to see the information again because things could have happened.
Commissioner Blundo
made a motion to continue this item to the December 17, 2019, meeting ; seconded by Commissioner Cox; 5 yeas.
11. For Possible Action - Discussion, deliberation, and direction to staff
Commissioner Blundo
made a motion to continue this item until the December 17, 2019 , meeting ; seconded by Commissioner Koenig.
Commissioner Koenig
said this one bothered him because the applicant did not have a business license with the town or the State . The health permit had expired as well.
Commissioner Koenig
assumed the Chair of the Board of County Commissioners . December 3 2019 BOARD OF COMMISSIONERS
16. For Possible Action - Discussion and deliberation regarding an increase to
Commissioner Wichman
disclosed she was the chairman of this group, however, that would not preclude her from voting. Jerry Elliston from the Tonopah Town Board and the Tonopah Conservation District along with Sherry Harrison from the District were present.
Mr. Elliston
explained the District received a $5,000.00 stipend from the Board along with a little funding from the State sometimes, but the District basically operated on the $5,000.00 stipend. In the last couple of years as they tried to do the normal duties of the District they had been asked to support some youth organizations in the northern end of the County. Mr. Elliston felt there was a great opportunity in the northern part of the County if they could financially support those organizations and said the District was asking for an additional $10,000.00 to be used for those youth organizations.
Commissioner Wichman
added that in the past when the County had the natural resources director in Tonopah on a regular basis the agreement was for $5,000.00, $2,500.00 of which was provided in office space.
Commissioner Blundo
asked where it would be funded from . December 3 2019 16. For Possible Action - Discussion and deliberation regarding an increase to the annual stipend paid pursuant to the Cooperative Agreement between Nye County and the Tonopah Conservation District for the purpose of providing additional weed management programs benefiting landowners and senior citizens, as well as youth and agricultural/conservation programs throughout Nye County-Cont'd. Savannah Rucker said it would be funded from the miscellaneous overhead department within the general fund . If the Board wanted to increase the stipend for this fiscal year , she would bring back funding options and it could then be addressed at the budget workshop for FY21 .
Commissioner Wichman
made a motion to approve ; seconded by Commissioner Blundo . John Bosta said in looking at the budgets of the Smoky Valley Library District he noticed there was no money put in the budgets for this type of item. He felt the County paying $10,000 .00 for areas up north that were not willing to tax themselves put a burden on all taxpayers in the County and he highly objected to the County doing that.
Commissioner Koenig
pointed out the Board had done this for 4-H in Pahrump and everyone in the County paid for that. The Board did a lot of things for spec ific places in the County.
Commissioner Wichman
clarified the Round Mountain Library District had their own taxing district and this had nothing to do with them. Lorina Dellinger stated she would work with Mrs. Rucker on identifying a funding source and bring back an amended contract to consider which would contain reporting requirements.
22. For Possible Action - Discussion and deliberation to determine whether the
Commissioner Strickland
made a motion that Nye County Bill No. 2019-07 had no impact on business and place as an agenda item for consideration at the December 17, 2019 , meeting; seconded by Comm issioner Koenig.
Commissioner Blundo
believed it did have an impact. Mark Connet, appearing on behalf of Sheri 's Ranch , said as written in his letter of September 27, 2019, it did have an economic impact on brothel operations in Nye County. The avenues he proposed in his letter would ameliorate those affects, but he did not think it was appropriate to state there were no economic impacts. Mr. Connet offered to talk with the Commissioners off-line about the methods he set forth in his letter. Judy Kevoyan from the Chicken Ranch Brothel agreed with Mr. Connet and believed it would be a huge economic impact.
Commissioner Blundo
thought even a basic one , like changing the signage from what had been stated in the Code to what was approved by the Board , would have an impact.
Commissioner Koenig
explained the agreement made with the brothel owners was once this was done the signs would be reviewed and they would be informed as to whether they were approved or not. He asked for another example of how it affected their profitability.
Mr. Connet
stated the distinction was that the statute required the governing body to consider economic impacts. Simply because a bill, ordinance or regulation had an economic impact did not mean the Board could not proceed. Mr. Connet's concern was that saying this had no economic impact was inaccurate.
Commissioner Strickland
wondered if Mr. Connet would be happier if she used the words "no significant impact."
Mr. Connet
said he would be less concerned with that language. December 3 2019 22. For Possible Action - Discussion and deliberation to determine whether the Business Impact of Nye County Bill No. 2019-07: A Bill proposing to amend Nye County Code Title 9, Public Peace, Morals and Welfare, relating to Chapter 9.20, Prostitution, is likely to impose a direct and significant economic burden upon a business; or directly restrict the formation, operation or expansion of a business, and, if so, simplify the proposed rule or establish a different standard of compliance for businesses, in accordance with NRS 237.030 through NRS 237.150-Cont'd.
Commissioner Strickland
amended her motion to state that Nye County Bill No. 2019-07 had no significant impact on business and to place it as an agenda item for consideration at the December 17, 2019 meeting; Commissioner Koenig amended his second. Christie Kindle stated she would prefer Commissioner Strickland use the word burden.
Commissioner Koenig
withdrew his second .
Commissioner Strickland
withdrew her motion .
Commissioner Strickland
made a motion that Nye County Bill No. 2019 -07 had no burden or significant economic impact and should be placed as an agenda item for consideration at the December 17, 2019, meeting; seconded by Commissioner Koenig.
Commissioner Blundo
wondered why a business impact statement was being done on this industry when to him it was clear there was an impact.
Commissioner Strickland
explained the businesses impacted were given an opportunity to come back with statements.
Ms. Kindle
said that was correct. The business impact statement was sent out to all the licensed businesses and individuals that might be affected. Six responses were received, some of which did not address the financial burden or impact at all.
Commissioner Cox
did not think there had ever been a bill or resolution that had not had some financial burden or impact on any business, which was basically the reason the Board did this . She said she was concerned about putting the brothels in a position of having to change everything because of the burden this would put on them.
24. For Possible Action - Discussion and deliberation on presentation by
Mr. Thatcher
explained Siemens would look at the equipment they were installing and what their average weighted lifestyle cost was. The last thing they needed to pin down was the escalation rate on the energy . The industry standard Siemens used to project the utility costs in the future (energy escalation rate calculation) found the rate was 2.78% per year although in other parts of the country it was more like 3%. If the Board chose to use a 3% escalation to include more scope in the project , if the future utility rates did not actualize at 3% the County would be responsible for making up the difference, which could put the future budget at risk by up to $5,000 .00 a year.
Commissioner Wichman
said she had found that escalation rates did not reflect central Nevada. There was also a trend in business where the cost for alternative energy was moving down instead of up. She asked if a 3% escalation rate meant budgeting more, and if lower then less was being budgeted and ran the risk going over budget rather than staying under budget, to which Mr. Thatcher responded yes.
Commissioner Wichman
made a motion to accept the 3% escalation rate; seconded by
Commissioner Strickland
; 5 yeas.
Mr. Thatcher
advised Siemens would be ready to do the workshop by December 17. 2019 . They would like to spend an hour or two going through the different measures so the Commissioners were informed when they got to the point of a vote. CLERK 17. For Possible Action - Discussion and deliberation to appoint three members to the Gabbs Town Advisory Board due to three expiring terms.
Commissioner Wichman
made a motion to appoint Ray Dummar, Jason Fletcher and Charles Gentry; seconded by Commissioner Blundo ; 5 yeas. 18. For Possible Action - Discussion and deliberation to appoint seven members to the Central Nevada Museum Advisory Board due to seven expiring terms.
Commissioner Wichman
made a motion to appoint Phyllis Sorhouet, Allen Metscher. Douglas Baker, Cindy Kaminski, Harris Brokke, Randy McLean and Samuel Alsup ; seconded by Commissioner Blundo; 5 yeas. December 32019 19. For Possible Action - Discussion and deliberation to appoint three members to the Railroad Valley Advisory Board due to two terms not filled in January 2018 and one term not filled in January 2019.
Commissioner Wichman
made a motion for the terms not filled in January, 2018, to appoint Carolyn Drayton and Dorothy Bloom, and for the term not filled in January 2019, she put forth the name of Perline Thompson; seconded by Commissioner Strickland; 5 yeas. SHERIFF 20. For Possible Action - Discussion and deliberation to: 1) Approve, amend and approve or reject a Memorandum of Understanding (MOU) with the Nye County School District, for the purpose of receiving funding for four School Resource Officers to be placed in schools throughout Nye County; 2) Execute the MOU; and 3) Receive funds to 10101, General Fund.
Commissioner Strickland
made a motion to approve the memorandum of understanding (MOU), execute the MOU, and receive the funds into 10101; seconded by
Commissioner Koenig
pointed out this MOU was for two years and asked what happened to the people at the end of that time if there was not another MOU. Undersheriff Mike Eisenloffel advised they would be absorbed into open positions in the unlikely event the grant would not be renewed in two years. He said Superintendent Dale Norton assured the likelihood of that would be very low. That would also be written into the employee contract.
Commissioner Wichman
noted it included everything being paid for the individuals , but it was not recognizing the OPEB cost. She asked if the County was absorbing that or if it was part of the payroll assumptions in the agreement. Savannah Rucker advised the numbers were not vetted by Human Resources so she had to talk to the Sheriffs Office.
Commissioner Wichman
suggested putting this off until that review had been done .
Commissioner Strickland
withdrew her motion .
Commissioner Blundo
withdrew his second.
Commissioner Wichman
made a motion to continue this item to December 17, 2019, so Human Resources and Finance could review ; seconded by Commissioner Blundo . December 32019 20. For Possible Action - Discussion and deliberation to: 1) Approve, amend and approve or reject a Memorandum of Understanding (MOU) with the Nye County School District, for the purpose of receiving funding for four School Resource Officers to be placed in schools throughout Nye County; 2) Execute the MOU; and 3) Receive funds to 10101, General Fund-Cont'd. Pat Minshall from Amargosa Valley pointed out it also did not indicate where the four individuals would be placed .
Commissioner Koenig
said it did state one of the places was Amargosa. Karen Holley, coordinator of federal and state programs for the School District, explained the officer that would be in Amargosa would be a floating officer that would help in the Amargosa, Beatty and Pahrump schools based on student numbers. The SRO for the north would be sharing the northern part of the district and community schools. Ms. Holley said she worked with someone at the County and the Sheriff's Office when she developed the grant application . She asked who she should contact so she could get the exact information.
Commissioner Wichman
said even if OPEB could not be covered by the grant, having that outlined so the Commissioners knew what they were spending the money on would be helpful.
Commissioner Cox
was not present. 21. For Possible Action - Discussion and deliberation regarding approval to: 1) Enter into an Interlocal Agreement No. P731-19-816 with the State of Nevada Department of Transportation (NV DOT), for the purpose of partially funding the cost of new equipment and software to support Crash Data Collection Improvement efforts by NV DOT; 2) Execute the Interlocal agreement; and 3) Receive funds to 10101, General Fund. The total amount to be received by NV DOT will be $250,650.00 (48% of the total cost of the equipment). The remaining 52%. $271,537.00, will be funded with Public Safety Sales Tax monies.
Commissioner Blundo
made a motion to 1) enter into the interlocal agreement, 2) receive funds into 10101, 3) execute the interlocal agreement; seconded by
Commissioner Strickland
; 4 yeas. December 32019 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 12. For Possible Action - Discussion, deliberation, and possible action to authorize town counsel to file a motion to intervene in a case titled Christopher Van Leuven v. State of Nevada, The Public Employees' Retirement System of the State of Nevada, Eighth Judicial Case No. A-19-796684-W.
Commissioner Wichman
made a motion to authorize the town counsel to file the motion to intervene; seconded by Commissioner Strickland.
Commissioner Blundo
said he would like to know when the $20,000.00 mark was hit with legal counsel fees . He asked to have the motion and the second amended so the Board knew when that number was reached.
Commissioner Strickland
withdrew her second. Comm issioner Wichman amended her motion to approve the motion to intervene with periodic reports as to cost; seconded by Commissioner Strickland . Dwight Lilly stated he did not understand why the taxpayers of Pahrump should have to pick up a bill for someone whose union was representing him. He did not see where the Town of Pahrump made any mistakes at all in the arbitration agreement and he urged the Commissioners to protect the taxpayers of Pahrump.
Commissioner Strickland
made a motion that staff move forward and give an inventory assessment based on each of the cost centers and come back to the Board with an idea of what a memorandum of understanding would look like; seconded by
Commissioner Wichman
said some of the entit ies like Manhattan and Belmont had no taxing authority so the County had to be discerning.
Mrs. Dellinger
said some may be no-cost contracts, but a contract would still be entered into to document the services provided , their requirements and the County's requirements .
Commissioner Blundo
wondered if a town like Gabbs had to enter into an agreement with the County.
Mrs. Dellinger
explained they could go out to bid for their own financial system, but the cost of that would be high. The question was if the Board wanted to move forward with the cost sharing. John Bosta said NRS 269 discussed County compensation and the use of the district attorney, the treasurer, the comptroller, and other departments of the County. He stated the County could not charge the town any expense for the services because each of the unincorporated towns pay into the general fund for the County services . As long as that NRS was in place Mr. Bosta did not believe what the Board was contemplating was justified .
25. For Possible Action - Discussion and deliberation to appoint three members
Commissioner Strickland
made a motion to reappoint those with terms and those terms would expire December, 2021; seconded by Commissioner Wichman .
Commissioner Cox
asked if this was advertised, if it was necessary to be advertised, and if there were any other applications as there were no applications in the back-up. Lorina Dellinger explained the f\IRS required specific membership and each seat was being filled based on that NRS. December 3 2019 25. For Possible Action - Discussion and deliberation to appoint three members to the Nye County 9-1-1 Advisory Committee due to three expiring terms.
26. For Possible Action - Discussion and deliberation to: 1) Determine that a Nye
Commissioner Blundo
made a motion to determine the vehicle was no longer required for public use and it was in the best interest of the public due to irreparable manufacturer issues result ing in manufacturer repurchase and to determine it was in the best interest of Nye County to dispose of this excess vehicle though repurchase by the manufacturer with resulting proceeds deposited into 10402 ; seconded by Commissioner Strickland ; 5 yeas.
27. For Possible Action - Discussion and deliberation regarding approval of a
Commissioner Strickland
made a motion to approve the letter to the United States Senate and House of Representatives and that the letter should be signed by all Commissioners if they all agreed by vote ; seconded by Commissioner Blundo . John Bosta noticed in the letter that the Board was requesting it for those counties with a population less than 5,000 and asked if that should be 50,000 .
Commissioner Koenig
pointed out it said 5,000 in the last sentence also so he did not believe it should be 50,000 .
29. For Possible Action - Discussion and deliberation on: 1) Status check and
Commissioner Koenig
said it did not look like the doors were off to him.
Commissioner Wichman
said since the Board did not establish that the property was a nuisance property those requests were just that. They had not been complied with and she was not sure what the procedure was to have this brought back as a nuisance. Marla Zlotek advised there was no mechanism under NRS 244.360 to reactivate except to start the process anew.
Commissioner Wichman
asked if it would be appropriate for her to ask staff to bring back that original nuisance complaint.
Ms. Zlotek
stated the complainant was a private citizen and she would be free to bring the complaint again, however, in the past Code Enforcement had been the complainant. Anyone could be the complainant and it would have to start anew under NRS 244 .360.
Mr. Waggoner
explained the reason it was on the agenda at the last meeting in Tonopah was because the original complainant was stating nothing had changed and he thought the solution would have been to bring it back as a status check. He would bring the complaint back himself. December 3 2019 PUBLIC WORKS
30. For Possible Action - Discussion and deliberation regarding approval to: 1)
Commissioner Wichman
made a motion to enter into the contract with Atkins North America, execute the contract and do the funding as stated on the agenda item; seconded by Commissioner Blundo; 5 yeas. H/R AND RISK MANAGEMENT 28. For Possible Action - Discussion and deliberation regarding the proposed amendments to Sections 2 - Employee Relations, 3 - Employment, and 5 Compensation Plan of the Nye County Personnel Policy Manual.
Commissioner Cox
said she had some people suggest a workshop so the public could have input. Working from the track changes copy, Commissioner Koenig had the following changes: • On page 1, the first paragraph stated "The County does not sanction or tolerate discrimination in any form on the basis of any protected class including ... " He wanted to add "such as" there because race, color religion age , etc., was defined, but in the rest of the document that was removed. He wanted protected class membership defined and he felt that was the place it should be. • On page 12, Section 2.6.2, Determination of Disability, major life activities should be defined. • On page 15, Section 2.7.5, Notice Requirements, stated written notice would be provided to all new employees upon commencement of employment, but then it stated the notice would be provided in ten days. He assumed if someone was a new employee they would get the notice and if the employee became pregnant she would get another notice, but he was not clear on it. He felt the second sentence should read "also would be provided in ten days." • On page 25 Commissioner Koenig was confused on 2.9.13, Consequence of Refusal to Submit to Testing, where in red it crossed out "an employee who" and just read "refuses." He said he did not know who was refusing and that it needed to be clarified. Tim Sutton believed it now said "refusal. " December 32019 28. For Possible Action - Discussion and deliberation regarding the proposed amendments to Sections 2 - Employee Relations, 3 - Employment, and 5 Compensation Plan of the Nye County Personnel Policy Manual-Cont'd.
Commissioner Strickland
said it did, but it did not define who was refusing .
Commissioner Koenig
continued with his changes as follows : • On page 35, Section 2.16 .1, Policy, the last sentence of the first paragraph read "Employees are prohibited from transporting non-employees in the vehicles." He felt that needed to be specific to County vehicles and not generic vehicles. • On page 49, he was confused on Section 2.25.6, Whistleblower Protection. It stated per NRS 281.611 and did not go any further so if he needed to know what was being done with it he would need to go to the NRS .
Commissioner Strickland
commented the whole document just referred to the NRS because if the NRS changed the County would do the same.
Commissioner Koenig
said on page 51 telecommuting had disappeared and he asked if the County did not do that anymore. Human Resources Manager Danelle Shamrell said that was correct.
Commissioner Cox
thought a definition of employee versus elected officials was needed.
Mrs. Shamrell
advised when the entire document was adopted there would be a section on definitions and the definition of employee would be very specific.
Commissioner Cox
asked if there was anything in it about guns not being allowed on County property because she was told there was.
Commissioner Koenig
said he did not see that . Regarding transportation of non-employees or volunteers or ride-alongs , Commissioner Cox said the Sheriffs Office ride-alongs had to be considered and a definition might be needed for that because people who volunteered needed to be allowed to ride-along.
Commissioner Blundo
asked if an employee calling in within 15 minutes of the time of work was standard.
Mrs. Shamrell
explained for most of the employees in the County that was already addressed in the CBAs. In the NCEA agreement for instance the employees did have 15 minutes from their start time to call in, but 24/7 employees in the NCLEA had to notice sooner than that. December 3 2019 28. For Possible Action - Discussion and deliberation regarding the proposed amendments to Sections 2 - Employee Relations, 3 - Employment, and 5 Compensation Plan of the Nye County Personnel Policy Manual-Cont'd.
Commissioner Blundo
asked if random testing was addressed by the CBA or this document.
Mrs. Shamrell
stated this document. When Commissioner Blundo asked her how he would make that that determination on all of the items , Mrs. Shamrell said other than comparing them or looking to see if it was addressed or asking her there was no indication in the policy manual of what was or was not addressed in CBAs because not all CBAs addressed everything or they left things out.
Commissioner Blundo
stated he was looking to have a collection of all facts in one place. If this was the County's master document and a CBA item addressed something differently than this it should be noted in this policy. Tim Sutton explained each CBA had a different disciplinary section and if that information was added to this document it would get to the point of being unworkable. He wondered if it might be better to have a chart of some kind that referenced a particular section in the CBA to the corresponding section in the PPM .
Commissioner Blundo
asked how the cannabis issue was being addressed since it was State legal but federally in question.
Commissioner Koenig
said to hold off on that question until a different Commissioner who had rewritten some of it was able to speak.
Commissioner Wichman
stated that the reason she had no edits or input on this was she anticipated sometime in the future, since her term was coming to an end, that she may apply for a position in Nye County so she would not take part in editing the PPM .
Commissioner Strickland
had the following comments : • She had been approached with concerns about item 16 under Section 2.18.4, Prohibited Use, on page 40 which stated inserting a flash drive from an unknown source. Employees had asked how far the County would take that and she wanted to emphasize the word unknown. • On page 27, Section 2.9.17, Searches , she said there had been some question about that and she wanted to make sure the employees knew their rights were being protected through warrant and seizure as it said employer vehicles, lockers, desks and work areas as outlined in the Employee 's Use of Property and Premises Use Policy . As an employer the County could not go through an employee's purse if it was inside of a company vehicle . December 3 2019 28. For Possible Action - Discussion and deliberation regarding the proposed amendments to Sections 2 - Employee Relations, 3 - Employment, and 5 Compensation Plan of the Nye County Personnel Policy Manual-Cont'd. • On page 18, Section 2.9.1, Policy, paragraph 6 added "and recreational marijuana." She said it had included medical before because medical was already in the County, but recreational needed to be addressed in the document. The language "Nye County receives funding through federal grants and is subject to the Drug-Free Workplace Act. Marijuana (including medical and recreational marijuana)" was not the change she was looking for. The change she asked for was on page 17, Section 2.9.1 , item 2, where it read ".. . prohibited substances by an employee at any time and in any amount. For the purpose of this policy, illegal drugs include those classified as such under local, state or federal laws." She would like to strike "including medical and recreational marijuana" in the next sentence as it already stated federal laws and those were prohibited substances .
Commissioner Blundo
mentioned the bill that passed stating employers could not discriminate against cannabis or drug test for it, but he also thought the County had carved out heavy equipment operators and law enforcement and said they would not get a pass on it. Marla Zlotek asked if the safety sensitive positions were in the section today or would be in the next round .
Mrs. Shamrell
said safety sensitive positions were addressed today in Section 2. John Bosta asked if volunteer firemen in the unincorporated towns were considered County employees and if this document covered them. Lorina Dellinger explained the volunteer fire department functions fell under the towns, so if Amargosa had a policy that was where they would fall . They were not County employees . Trevor Dolby from the Amargosa Fire Department stated they had distributed job applications for Nye County employee volunteers .
Commissioner Koenig
thought that was probably because Mr. Dolby did not have any for the Amargosa Fire Department volunteer.
Commissioner Blundo
made a motion to incorporate the suggestions and changes discussed today into the next version and bring it back; seconded by Commissioner Cox; 4 yeas. Commissioner Wichman abstained . December 3 2019
31. GENERAL PUBLIC COMMENT (second)
Commissioner Blundo
assumed the Chair of the Board of Highway Commissioners. 8. For Possible Action - Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects-Reopened.
Commissioner Koenig
commented that when the item said for possible action the public could talk. Dwight Lilly said in District V where he lived there were deteriorating roads . He understood there was only so much budget , but some of them were getting very serious like the one in the center of Thousandaire and Vicki Ann. He urged the Road Department to take a look at that . He also hoped in the future under the Road Commission report that there could be a public comment period for people to share known issues. SITTING AS THE BOARD OF COUNTY COMMISSIONERS
Commissioner Koenig
assumed the Chair of the Board of County Commissioners . 31. GENERAL PUBLIC COMMENT (second)-Reopened. There was none .
32. Commissioners'/Manager's Comments (This item limited to announcements or
Commissioner Blundo
asked for an update at the next meeting on the needs assessment. December 3 2019
33. ADJOURN
Commissioner Koenig
adjourned the meeting. APPROVED this _ _4_~ day ATTEST: Of tf ~ ntaV1d \ t 20 ~ Ny~ Codnty Clerk / Deputy