March 3, 2020

Commissioner Blundo

was present via telephone.

Commissioner Wichman

made a motion to approve the January 7, 2020, meeting minutes; seconded by Commissioner Strickland; 5 yeas.

Commissioner Wichman

made a motion to approve the January 14, 2020, meeting minutes but would abstain from voting as she was not present at that meeting; seconded by Commissioner Strickland ; 4 yeas. Commissioner Wichman abstained. Chris Arabia was not present. SITTING AS THE BOARD OF COUNTY COIVIMISSIONERS

Commissioner Blundo

advised he was in Washington, D.C., and had just listened to the President speak, who addressed a lot of rural issues. He asked staff to bring the topic Dann Weeks discussed back as soon as possible to be heard again as Commissioner Blundo felt more homework needed to be done on that.

Commissioner Strickland

stated yesterday the office received an Open Meeting Law complaint filed against her by Dan Schinhofen. She let the public know the District Attorney's Office would be answering that.

Commissioner Koenig

also wanted the item Mr. Weeks discussed brought back. When he voted no on it he said he would discuss it with the director. He felt if the wording was left alone it would have agreed with the NRS. March 3, 2020 6. Commissioners'/Manager's Comments (This item limited to announcements or topicslissues proposed for future workshops/agendas)-Cont'd. Emergency Management Director Scott Lewis provided an update on the coronavirus. As of this this morning the WHO continued to place the risk assessment very high. The number of cases continued to grow with 90,000 cases across 73 countries, and the announcement of a global pandemic was on the threshold. OEM had met with the State, Desert View Hospital, the Sheriff's Office, and the School District from a preparation standpoint if there was a reported case. He listed the symptoms as fever, cough, shortness of breath and pneumonia. People over 50 with compromised immune systems were most vulnerable. Chief Lewis said Nye County recommended additional signage reinforcing hand washing; people not touch their face with their hands; no hand shaking; and wash hands for 30 seconds. Social distancing was also important and work from home initiatives should be considered. Additionally, if schools were to close there should be family plans for a minimum timeframe of 14 days. Sam Merlino advised election officials were also being proactive with the coronavirus. She ordered cases of hand sanitizer and disinfectant wipes which would be at each polling place during early voting. TIMED ITEMS

Commissioner Koenig

opened and closed the public hearing.

Commissioner Wichman

made a motion to approve ; seconded by Commissioner Strickland ; 5 yeas. March 3, 2020 11.10:15 a.m. - For Possible Action - Discussion and deliberation regarding the Treasurer's Report by Nye County Treasurer on bank reconciliation, Department of Taxation recommendations, and the balance in each county, state and special fund, together with a statement of all money on deposit, outstanding checks against that money and cash on hand pursuant to NRS 354.280. Treasurer John Prudhont said the January report was in the back-up and was in a week earlier than the last report. His office was up to date and on track. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Koenig

assumed the Chair of the Board of Highway Commissioners.

Commissioner Cox

asked about the resolution or ordinance for the speed limits on Pahrump Valley, Dandelion and Honeysuckle. Public Works Director Tim Dahl said it was still under review at the District Attorney's Office to create a bill to approve those so he could change those signs.

Commissioner Cox

said the corner of Ranger and Elderberry flooded every time it rained and she did not think it was flowing properly. She asked to have a crew look at it. Marla Zlotek advised the review of the ordinance regarding the speed limit on Honeysuckle was completed by her office and forwarded back to Public Works on February 11, 2020.

Commissioner Blundo

mentioned he had discussions in Washington, D.C., on infrastructure and highways. Everyone agreed infrastructure needed to be addressed.

Mr. Dahl

advised he was planning another household hazardous waste collection day event in Beatty this year sponsored by U.S. Ecology. It would be on Cottonwood Avenue just west of US-95 near the old driving range on April 4, 2020, from 8:00 a.m. to 12:00 p.m. The Leslie Street improvements were coming along and he hoped to have it paved before the end of March. The bid packages were being worked on for Blagg Road from Harris Farm to Simkins and for Anvil and Powerline. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. March 3, 2020 CONSENT AGENDA ITEMS - These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made.

Commissioner Wichman

made a motion to approve items 13-15; seconded by

Commissioner Strickland

; 5 yeas .

County Manager Tim

Sutton to execute award number PR529-19-802 via DocuSign; and 3) Fund from 10281 Senior Nutrition.

Commissioner Wichman

made a motion to approve items 13-15; seconded by

Commissioner Strickland

; 5 yeas .

Commissioner Wichman

made a motion to approve items 13-15; seconded by

Commissioner Strickland

; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Strickland

assumed the Chair of the Board of County Commissioners.

Commissioner Koenig

made a motion to appoint William Zimmerman and re-appoint John Pawlak; seconded by Commissioner Wichman .

Commissioner Blundo

asked that there be separate votes on the appointments.

Commissioner Koenig

withdrew his motion .

Commissioner Wichman

withdrew her second .

Commissioner Koenig

made a motion to appoint William Zimmerman to the library board; seconded by Commissioner Wichman; 5 yeas .

Commissioner Blundo

made a motion to nominate Bill Newyear; seconded by

Commissioner Cox

. Ammie Nelson said she was not familiar with these people and asked if any of them were on the board now.

Commissioner Cox

said yes, one. The one just nominated was not.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. March 3, 2020 DISTRICT ATTORNEY

Commissioner Strickland

said she was not comfortable with this item as there was no back-up and no information at all. She would like to remove this item. Marla Zlotek explained that there was an application pending before the PUC for the rate change regarding Great Basin. l\lye County was not a party to the proceeding and had not intervened, but as part of the discovery the PUC asked the Board to answer the data requests they sent. The Board was not obligated to, but if directed the District Attorney's Office could provide any recorded document regarding bond monies of Ishani Ridge. Ms. Zlotek said direction was sought to respond or not.

Commissioner Wichman

made a motion to respond to the request for data; seconded by Commissioner Strickland.

Commissioner Blundo

asked to continue this item for further discussion.

Commissioner Strickland

withdrew her second.

Commissioner Cox

was concerned about the County ending up in something that may mushroom and get the County involved in a lawsuit. She felt it was safer to not respond.

Commissioner Wichman

explained the only reason for her motion was anything the Board did was public record so it made it a little easier to get data if it was put together for them through the District Attorney's Office. Without instructing the District Attorney's Office to do that the PUC could still get the information itself or through the Public Information Officer.

Commissioner Koenig

asked if the PUC would normally go through the Public Information Officer. Tim Sutton was not sure how it was typically done. He thought the District Attorney was involved because there may be some privileged material the PUC would not be entitled to. If the direction was given to the District Attorney to respond to those requests they could make that determination. March 3, 2020 20. For Possible Action - Discussion and deliberation to: 1) direct the District Attorney to respond to the Public Utilities Commission's Data Requests in Docket No. 19·12029; or 2) not respond to Public Utilities Commission's Data Requests in Docket No. 19·12029. Application of Great Basin Water Co. for authority to adjust its annual revenue requirement for water and sewer service rates charged to all classes of customer in the Pahrump Division. The subject matter of the Data Requests concern Ishani Ridge bond monies-Cont'd.

Commissioner Koenig

asked if there was a certain date to respond by and if this could wait until the next meeting.

Ms. Zlotek

said she had received a continuance on the original date so it could wait.

Commissioner Blundo

thought it would be prudent to have an internal conversation as long as there was no time constraint because it could be litigation. Comm issioner Wichman said she had not withdrawn her motion because she just sat through a legislative session where everyone argued what was open to the public. Everything done as a public agency was open to the public along with anything the County had after District Attorney review. After sitting through the arguments

Commissioner Wichman

felt the litigation against the County would come from a failure to respond to this request more often than by giving them the information requested so her motion stood.

Commissioner Strickland

made a motion to authorize the District Attorney to institute legal action; seconded by Commissioner Wichman; 4 yeas. Commissioner Cox voted nay. March 3, 2020 COUNTY MANAGER

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Strickland; 5 yeas. FINANCE

Commissioner Wicbman

made a motion to approve; seconded by Commissioner Strickland. Savannah Rucker commented the letter was a collaborative effort between she and Treasurer John Prudhont. She felt the responses would satisfy DTAX.

Mr. Prudhont

said he appreciated the collaboration between the two departments.

Commissioner Wichman

made a motion to repeal Resolution No. 2020-02 and adopt Resolution 2020-09; seconded by Commissioner Strickland. Savannah Rucker explained the original resolution was set up as a special revenue fund, which was her oversight. It should be an internal service fund and that was the only change being made. March 3, 2020 25. For Possible Action - Discussion and deliberation to: 1) Repeal Nye County Resolution No. 2020-02: A Resolution to Create a Fund Entitled Nye County Risk Management Fund; and 2) Adopt, amend and adopt, or reject Nye County Resolution No. 2020-09: A Resolution to Create a Fund Entitled Nye County Risk Management Fund-Cont'd.

Commissioner Strickland

made a motion to set the date, time and location as March 17, 2020, at 10:00 a.m. in Pahrump; seconded by Commissioner Wichman.

Commissioner Blundo

was against setting a date and time as he did not agree with expanding the government and giving the ability to write civil tickets as a first resort. He did not see a need to do this.

Commissioner Koenig

stated all that was being discussed was setting a date, time and location, not what was inside the bill. John Bosta said this was the third time a time had been set for this agenda item and he did not understand why it kept coming back.

Commissioner Koenig

explained because it never passed.

Commissioner Cox

said it died last time and also did not understand why it was back.

Commissioner Wichman

explained it died because she asked for more time. Kenny Bent stated any Commissioner who voted to move forward with this was an enemy of the people. Dwight Lilly asked to have the date moved up to 2099. Dann Weeks felt the only reasonable thing to do was to let this die and asked the Commissioners to rescind their motion and second. March 3, 2020 26. For Possible Action - Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2020-03­ Cont'd.

Commissioner Cox

felt the Board was overstepping its bounds and this should have been pulled off the agenda. She also thought it should just die.

Commissioner Blundo

said he could not support setting a date and time as the Board had a motion at one point, which was rescinded and then the Board was silent. The fact it was brought right back to the Board he felt was insulting.

Commissioner Cox

believed it would have had to have been brought back by someone who voted for it and that a department head did not have the authority to bring it back themselves without any changes. She said she could not support it.

Commissioner Koenig

pointed out there were other things in the bill that needed to be done. He instructed staff to pullout the hearing officer part and bring it back . Tim Sutton said he was not sure what everyone was opposed to. Before having anyone do a complete redraft he suggested scheduling a hearing to propose the conceptual idea and form an ordinance based on that discussion.

Commissioner Blundo

asked the County Manager to take a look at the Pahrump Valley Times article where a majority of the Commissioners explained why they did not comment to it. He said he did not believe in having a Code that allowed the government to write civil fines as a first resort rather than a last resort instead of following the due process. PUBLIC WORKS

Commissioner Blundo

made a motion to set a date and time of March 17, 2020, at 10:00 a.m. at chambers in Pahrump; seconded by Commissioner Wichman; 5 yeas. March 3, 2020

Commissioner Koenig

adjourned the meeting. ArrEST: C~/ NYk C~ntYCierk / Deputy