Public meetings / Board of County Commissioners
April 7, 2020
81 turns, 81 with a named speaker, under 21 agenda items. The words and the names are the county clerk's.
2. Commissioners'/Manager's Comments (This item limited to announcements or
Commissioner Koenig
said he had been made aware that there were certain aspersions that Commissioner Cox did something. He stated Commissioner Cox did not and could not order anyone back to work.
Commissioner Blundo
advised people could print out a letter from the DMV if their licenses or registrations were expiring. If they were pulled over or had a complication at the bank that letter could help . He also said there were a lot of resources out there such as SBA.gov for businesses.
Commissioner Cox
asked to have the instructions on how to join the meeting by phone and speak on items moved to the top of the agenda rather than at the end. Tim Sutton said it was at the beginning , just kind of merged with the rest of it. April 7, 2020 2. Commissioners'/Manager's Comments (This item limited to announcements or topic/issues proposed for future workshops/agendasl-Cont'd.
Commissioner Cox
asked to have it made clearer.
Commissioner Wichman
said thank you to the Clark County Commissioners, especially their chairman Marilyn Kirkpatrick. She was personally responsible for making sure over 3,000 pounds of food was delivered to the food banks in Pahrump.
Commissioner Strickland
also discussed the SBA program , specifically the pay check protection program, and said people should contact their bank .
Commissioner Koenig
said he could not emphasize enough if someone did not have to go out to not go out. People could drive and walk around , but they needed to stay away from each other. He said there was another case in Tonopah. Tim Sutton advised an employee came to work and was symptomatic. He asked employees who had been exposed or who had symptoms to stay home
Commissioner Blundo
asked if the licensing was being extended due to the Governor's orders Samantha Tackett explained the privilege licensing was not being extended because the existing quarter should have been paid prior to March 31, 2020, and prior to that order.
Commissioner Blundo
said he would like to bring forward an item to address the issue to give the people the same latitude the State was giving. Sam Merlino reminded everyone that it would be a mail-in primary election. All active voters would receive a ballot in the mail and she encouraged everyone to update their registration, whether it was the address or party or just for the first time. Those updates could be made at www .registertovotenv .gov. All ballots would go out by May 1,2020, and all pertinent dates would be published in the paper.
Commissioner Cox
asked if the ballots could be returned any time after the voter received them .
Mrs. Merlino
said they were returnable by mail and each ballot had a return envelope. The voters could turn it in to either Clerk 's Office by hand , but it had to be turned in by that voter. No one could turn in another's ballot as it would be rejected. She further advised her office would have to be open during early voting for registration and to accept the ballots . Additionally, the law now stated her office had to accept ballots for seven days after the election as long as the ballot was postmarked by June 9, 2020 . With same day registration and the change with the absentee ballots Mrs. Merlino April 7, 2020 2. Commissioners'/Manager's Comments (This item limited to announcements or topiclissues proposed for future workshops/agendas)-Cont'd. suggested everyone go home to bed on election night and wait until the next week for the results.
Commissioner Strickland
wondered because of that week delay if there was a way to give the public and the candidates a heads up that they would have results within 24 hours or something so they could have that closure.
Mrs. Merlino
said she was still required to post results on election night with everything counted up to that time. Unfortunately since it was a process with ballots coming in every day along with the provisional ballots, it would be an ongoing process throughout the week. She said the final results would probably be released on Friday morning before the canvass of the results. Nothing would be done piecemeal.
Commissioner Koenig
encouraged everyone to participate in the census .
4. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.)
Dr. Michael
Reiner said social distancing was the only tool in the fight against the COVI 0 -19 virus . Protecting eyes was also very important. If symptoms developed people should contact their provider for testing. Dr. Reiner did not support drive-up testing. Medicine did not necessarily work and there was no definitive treatment.
5. For Possible Action - Discussion and deliberation regarding meeting minutes
Commissioner Blundo
made a motion to approve the minutes of February 19, 2020 , February 20, 2020, and March 3, 2020; seconded by Commissioner Cox; 5 yeas . April 7, 2020 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP
6. For Possible Action - Discussion and deliberation to: 1) Approve a request
Commissioner Blundo
said given the current state of crisis he did not want to outright deny this but rather continue it for 60 days.
Commissioner Blundo
made a motion to continue this item for 60 days ; seconded by
Commissioner Strickland
. Tim Sutton asked Jimmy Martinez if there would be a date issue.
Mr. Martinez
said they had the first movie scheduled for May 30, 2020.
Commissioner Blundo
said he did not see this happening given the lock down.
Commissioner Koenig
suggested continuing this item for 30 days instead.
Commissioner Blundo
amended his motion to continue this item for 30 days;
Commissioner Strickland
amended her second; 5 yeas .
7. For Possible Action - Discussion and deliberation to appoint three members to
Commissioner Strickland
made a motion to appoint Cody Chappell , Michelle Chappell and Darius Mann ; seconded by Commissioner Blundo ; 5 yeas.
8. For Possible Action - Discussion and deliberation to adopt, amend and adopt,
Commissioner Blundo
made a mot ion to adopt Pahrump Resolution No. 2020 -06; seconded by Commissioner Strickland.
Commissioner Cox
said according to this somebody had decided the town would take the fall festival back and thought that was to be put on the agenda. She suggested taking this over to the NCRCC as that was the only one she could think of that had an active entertainment committee, but she had not heard back. She would like to hold this item as she was not sure it could be done without going out to advertisement and being agendized since there was no particular organization that would do it since the April 7, 2020 8. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject Town of Pahrump Resolution No. 2020-06-Cont'd. Chamber quit. She would also like to contact the NCRCC again to see if they would like to take it over as it was a burden to the town to do it. Commissioner Cox commented she was not happy with charging $300.00 per vendor booth when it was hard to get people to come.
Commissioner Blundo
agreed with putting out an RFP and said he would support continuing this item for 30 days . Tim Sutton explained the Chamber's contract was for three years and ended last October. He sent out correspondence to the Commissioners to see what the interest was - to either have the Chamber do it, go out to bid, or have the town run it. He said his understand ing was the Commissioners agreed with the town running it as in the past and apologized if he misunderstood. He could put it on the agenda to go out for bid, but he was concerned with the timelines. Mr. Sutton suggested having the town run it this year , re-evaluate it, and then put it out to bid next year if the Commissioners were unhappy.
Commissioner Cox
said she would like to get it out there now and make the decision at a future meeting.
Commissioner Strickland
pointed out that last year the fee for vendors was $500.00 and it was now $300 .00. Also, town staff was excited about putting the event on again. She suggested giving the Town of Pahrump the opportunity to shine and did not believe there was enough time to put it out.
Commissioner Cox
stated her concerns with decisions being made behind closed doors and felt that it should have been advertised like it was three years ago.
Commissioner Blundo
asked if someone took this over could they charge their own prices rather than what was in the resolution .
Mr. Sutton
said if the Board set vendor fees through this resolution then they would be bound by that unless it was changed in a subsequent contract.
Commissioner Cox
was still hesitant about doing this and not following past procedures. She noted this was supposed to be a community event, not a fundraiser, and she did not think it would be a good idea for the town or County to put it on.
Commissioner Blundo
commented any third-party vendor was going to operate this to make a little bit of money . He said staff would operate this event this year and the ability to have the things be cheaper for the public was definitively there. April 7, 2020 8. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject Town of Pahrump Resolution No. 2020-06-Cont'd.
Mr. Sutton
advised Danielle McKee from Purchasing said if she could get it posted in two weeks it could be heard the second week in May, but that was still not a lot of time . Jimmy Martinez said the town had done this for several years . The goal was just to throw a good fall festival no matter what happened or which vendor took it over. The town wanted to take it over and do a good festival , not make a profit.
Commissioner Cox
said she would be satisfied with $200.00 for a booth and $75.00 for a non-profit, but she still wanted it to go out to the public.
Mr. Martinez
said there was a lot of paperwork to still do for the various participants so if it went out to RFP there may not be enough time to put it on. Sheree Stringer also did not agree with charging $300.00 due to the COVID-19 and people out of jobs. She suggested this year to just charge each vendor $50.00 or $75.00 as they had to have liability insurance too and put an RFP out next year as there was not enough time for it this year.
Commissioner Cox
voted nay .
Commissioner Cox
stated she was only opposed to the price of the vendor booths. SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS
12. For Possible Action - Discussion and deliberation to adopt, amend and adopt
Commissioner Blundo
made a motion to adopt Nye County Resolution No. 2020-11; seconded by Commissioner Strickland.
Commissioner Blundo
said this was a resolution regarding Yucca Mountain and moving forward with the licensing. It re-established the County's position and added a few things to it. The Test Site was the County's largest employer and one of the largest employers of post-secondary education degrees. He did not understand why there was not a discussion about Yucca Mountain going on right now considering the current situation. He felt the State needed to diversify more and that this was an opportunity to move forward in the right direction as there was money there.
Commissioner Wichman
asked for the motion to be amended to accept the following minor revisions: • Page 3, line 1g, stated "These technologies should be done in Nevada creating jobs and better universities." She felt that language sounded like the universities were not good enough so she would rather have it read ''These technologies should be done in Nevada creating jobs and enhancing Nevada universities." • Page 3, line 22, stated "educational benefits of money for the residents of Nye County and State of Nevada. " Commissioner Wichman thought it would read better by taking "money for the residents " out and replace it with "educational benefits and potential revenue for residents and visitors of Nye County."
Commissioner Blundo
amended his motion to adopt Nye County Resolution No. 2020 11 with the changes as outlined by Commissioner Wichman ; Commissioner Strickland amended her second. John Bosta said the Board was not taking into consideration the $130 million that came in up until 2010 which was supposed to be spent within 20 minutes of the opening and only $500,000.00 was spent in Amargosa Valley . Amargosa Valley was the community most affected and now the Board was reaching out to residents in Nye County. Mr. Bosta thought the Board had totally lost sight of what the project was for and who was to be protected.
Commissioner Blundo
said when discussing Yucca Mountain he specifically mentioned the Pahrump valley, Beatty and Amargosa Valley by name as those were the three localities significantly impacted by this project.
Commissioner Cox
did not believe any money was allocated this year from the federal government. Additionally, there had never been an approved storage containment April 7, 2020 12. For Possible Action - Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2020·11: A Resolution of the Nye County Board of County Commissioners Supporting the Efforts to Complete the Yucca Mountain Licensing Process and Resolve the Nuclear Waste Issue-Cont'd. canister. Since it took 20 years to get approval on a canister she felt this should have been done 20 years ago. Commissioner Cox did not see this ever coming to fruition because they had not done a containment container so they were going to look at a different route for re-processing and re-using the product instead.
13. For Possible Action - Discussion and deliberation to: 1) direct the District
Commissioner Blundo
made a motion to direct the District Attorney to respond to the PUC data requests in Docket No. 19-1029; seconded by Commissioner Wichman ; 5 yeas. SHERIFF
14. For Possible Action - Discussion and deliberation to: 1) Accept and
Commissioner Blundo
made a motion to accept and incorporate the ICE National Detention Standards 2019 and execute the modification ; seconded by Commissioner Wichman; 5 yeas. April 7, 2020
15. For Possible Action - Discussion and deliberation to: 1) Accept the
Commissioner Strickland
made a motion to accept and modify as stated and to execute the modification; seconded by Commissioner Blundo. John Bosta asked about the effect approving these items would have on the shortfall for the ICE funding. Captain David Boruchowitz said it simply added to it, but the purpose of this was to provide additional revenue. It would be one additional transportation route they would pay for and it gave the Sheriff's Office the ability to tap into inmates in the northern portion of the State. Those additional inmates would add to the revenue.
Commissioner Cox
asked if those inmates would be brought to Pahrump or left in in Tonopah. Captain Boruchowitz said they would not be left in the Tonopah jail. The transfer with ICE would occur in Tonopah.
16. For Possible Action - Discussion and deliberation to move the date of the first
Commissioner Wichman
made a motion to approve; seconded by Commissioner Cox; 5 yeas . EMERGENCY MANAGEMENT
17. Presentation by the Director of Emergency Management regarding the status
Commissioner Blundo
said he had heard the Governor was considering extending the crisis for another 30 days. Chief Lewis said it was currently slated for April 3D, 2020, however, that may be extended depending on when the peak occurred. He felt the County was ten days behind that. How Nevadans responded to the shelter in place would dictate the outcome. The better job done with that would help flatten the curve and provide a better opportunity to get back to normal as soon as possible.
Commissioner Strickland
mentioned Dr. Michael Reiner stated he was not in favor of drive through testing. She asked if Desert View Hospital and other doctors within the County were able to do testing outside of the drive through testing. Chief Lewis said they had the ability, but there was a limited number of test kits available. The vendor doing the drive through testing received tests before it started hitting this area .
Commissioner Cox
asked how many tests had been done. Chief Lewis said approximately 300 tests were completed.
Commissioner Blundo
asked who was paying for the testing. Chief Lewis explained people provided their identification and insurance card. People who did not have insurance were being handled on a case by case basis. Captain David Boruchowitz advised Serenity Health was absorbing the cost currently for anyone who did not have insurance and was paying the doctor participating. They were working on federal funding with the County Health Officer, however, there was no easy way to tap into the federal funding yet. Serenity was also allowing their doctor to help those ill in the community via telehealth.
Commissioner Koenig
repeated to stay home for Nevada and stay home for Nye as it was working. April 7, 2020 FINANCE
18. For Possible Action - Presentation on the history of the Museum fund (10218);
Commissioner Blundo
made a motion to direct staff to segregate the museum fund into two funds; seconded by Commissioner Cox.
Commissioner Strickland
was concerned with the allocation of funds in the way the tax dollars were collected. Last year the budgets were split equally yet those tax revenues did not reflect an equitable 50/50 allocation . She asked Mrs. Rucker if she was projecting to allocate those funds 50/50 or go back to the way it was in 2016 which was 38/62.
Mrs. Rucker
said her recommendation was to split it 50/50 because it could be argued that PETT funds were mainly in Tonopah but the population base was in Pahrump. She could do an assessment and provide additional feedback if the Commissioners wanted.
Commissioner Strickland
asked that the motion and second be withdrawn as she would like to have staff come back with visitation numbers and revenues in those areas .
Commissioner Blundo
asked Commissioner Strickland if she would be agreeable to a 35/65 split.
Commissioner Strickland
asked Mrs. Rucker how the different museums performed with the split in 2016.
Mrs. Rucker
said there were a lot of factors that had led up to the revenue splits, such as staffing. She would have to look at how it worked in FY16 and bring it back along with the visitation records and the property tax revenue analysis.
Commissioner Koenig
asked if the discussion was to split them into two funds or split them into two funds and have the money segregated between the two .
Mrs. Rucker
said there would be multiple agenda items moving forward. She would bring forward an item to segregate the two funds and then figure out funding and structure. April 7, 2020 18. For Possible Action - Presentation on the history of the Museum fund (10218); and discussion, deliberation and direction to staff regarding segregating the current Museum fund into 2 funds: Pahrump Museum Fund and Tonopah Museum Fund-Cont'd.
21. For Possible Action:
Commissioner Blundo
made a motion to approve issuing a recreational marijuana establishment license for cultivation and production; seconded by Commissioner Cox ; 5 yeas . April 7, 2020
22. For Possible Action - Discussion and deliberation on SW-2020-000004: A
Commissioner Blundo
made a motion to approve the solid hazardous waste permit; seconded by Commissioner Wichman; 5 yeas.
23. For Possible Action - Discussion and deliberation on TM-2019-000021: A
Commissioner Koenig
pointed out that was not the recommendation. The recommendation was to approve part and not approve part. Mark Fiorentino, appearing on behalf of the applicant, explained this item was a map that amended an existing map to allow for some townhomes in the Mountain Falls community. Many of the townhome lots had golf course views and were spread throughout the subdivision so there was no congregation in a particular area. He took the last 30 days to address the issues raised and his understanding was the recommendation was for approval because changes were made. He said they took out all of the townhome lots located on the key streets, which was one of the major concerns as the streets were too narrow for access and created parking issues. That change also reduced the number of units in the subdivision to 42 .
Commissioner Blundo
made a motion to approve ; seconded by Commissioner Cox.
Commissioner Blundo
said he was conscientious of the water situation in Basin 162, but he was also conscientious of people's personal property rights . April 7, 2020
Commissioner Cox
mentioned the approval letter from the Division of Water Resources in the back-up along with a revised notice of intent to serve from Great Basin. She believed they had all the water rights they needed to finish the project. John Bosta stated increasing homes increased water use. He asked if these were certified water rights or water rights under the status of PER as Great Basin had 29,000 acre feet of water but could only serve 6,400 customers . Additionally, most of the water rights had not been put to beneficial use since 1983 .
Commissioner Blundo
said there was a limit on how many homes could be built and he did not believe it would increase the water usage in a detrimental way.
Commissioner Koenig
noted that lots kept getting smaller, but they were also building smaller homes. He wondered what would be done with the vacant land.
24. For Possible Action - Discussion and deliberation on FM-2020-000012: A Final
Commissioner Blundo
made a motion to approve FM-2020-000012 with the following changes: condition 10 would read "where residential uses are contemplated restrictions shall be implemented to restrict residential access/addressing from interior streets only" and condition 14 would read "all new utility boxes and vaults must be installed within the utility easement and not the Nye County right-of-way otherwise the HOA shall maintain the sidewalks;" seconded by Commissioner Wichman . John Bosta asked how much water this project would use, to which Commissioner Koenig responded none. This was for streets and the project was done.
25. For Possible Action - Discussion and deliberation to: 1) Award Bid 2020-05
Commissioner Blundo
made a motion to award Bid No. 2020 -05 to Wulfenstein Construction in the amount of $433,607 .95, execute the contract and fund from 10205 , Nye County Road Fund; seconded by Commissioner Strickland .
Commissioner Blundo
felt this was a good time to get roads fixed since there was no traffic.
26. For Possible Action - Discussion and deliberation to adopt. amend and adopt.
Commissioner Blundo
made a motion to adopt Resolution No. 2020-12; seconded by
Commissioner Cox
; 5 yeas . FINANCE 20. For Possible Action - Presentation and direction to staff regarding the current and future financial condition of Nye County as related to the COVID-19 outbreak. Savannah Rucker said of the ten cities hardest impacted by the coronavirus four of those were next door in Las Vegas. The issue surrounding this was the affect it would April 7, 2020 20. For Possible Action - Presentation and direction to staff regarding the current and future financial condition of Nye County as related to the COVID-19 outbreak Cont'd. have on tourism. USAToday identified the states with the sharpest projected COVID-19 job declines as Nevada and Florida. The projected percentage decline in employment rates in the State was 9.8% this year , which was significant since the economy was projected to rebound in the next six months or so. Moody's also determined Nevada would be one of the most significantly impacted states from the crisis due to the tourism industry. She said Finance was still reviewing department expenditures in FY20 and generating projections for FY20, looking into grants for revenue recovery, and assessing FY21 budgets. Mrs. Rucker expected to have a very early and rough projection to the Board at the next update on April 14, 2020 , regarding where FY20 may end based on what was known . That projection did not consider if the quarantine was extended through the end of May, which would change the number's significantly. She said the due date for the tentative budget was April 15, 2020 , so the plan was to submit it with the initial projections given by the State which did not take COVID-19 into account. She explained the reason for that was she wanted to see the tentative budget based on what was known at that time and then the final budget based on all factors that modified the numbers.
28. Commissioners'/Manager's Comments (This item limited to announcements
Commissioner Blundo
said he would like to bring an item forward to allow extensions for the privilege licensing to give everyone flexibility. He would also speak with Darrell Lacy about when and where letters should be sent regarding the resolution adopted today. Tim Sutton said he would bring back an item regarding the fall festival on the next agenda. Arnold Knightly advised he sent each of the Commissioners a proposed public service announcement and only received two back. He thought it was good to talk to the constituents and said he would like the Commissioners' participation if possible.
Commissioner Koenig
said if the other Commissioners did not want to do it they should let Mr. Knightly know and Commissioner Koenig would do it. April 7, 2020
29. ADJOURN
Commissioner Koenig
adjourned the meeting . APPROVED this I ~ -J-+ day ArrEST: