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Public meetings / Board of County Commissioners

April 28, 2020

57 turns, 57 with a named speaker, under 14 agenda items. The words and the names are the county clerk's.

3. Presentation by the Director of Emergency Management regarding the status of

Commissioner Blundo

asked if all medical services were being utilized and if the hospital was exceeding capac ity. April 28 , 2020 3. Presentation by the Director of Emergency Management regarding the status of the CQVID-19 outbreak-Cont'd.

Mr. Lewis

said the hospital was not at capacity . The EMS service was up and running throughout the County and in general terms the call volume was way down so it was running well. 2. Commissioners'/Manager's Comments (This item limited to announcements or topiclissues proposed for future workshops/agendas)

Commissioner Koenig

said the solar comment period was coming up rapidly and he would like an agenda item for a comment period in Pahrump.

Commissioner Cox

said she received an e-mail from the County Manager's Office asking if the Commissioners would like to be part of the other counties in opening the State up or if they wanted to stay with the plan that the Governor had. She responded that she would like to see the County support the President's plan for reopening rather than the Governor's as she did not think joining the pact would be best for Nevada.

Commissioner Blundo

said he had been doing a "Walk It Wednesday" in District IV at 1:00 p.m. He then asked Samantha Tackett about the Artisan as he believed that would be before the Board soon as well as a name change for Wings-N-Things.

Mrs. Tackett

explained she was working with the Sheriff's Office to complete the investigation and as soon as that was done those would be on the agenda .

Commissioner Blundo

hoped all the businesses in Nye were doing everything they could to get a PPP or EIDL loan. He believed the crisis would be the economic crisis that came after shutting down the entire State and said the County should work toward reopening as soon as possible as every business was essential to someone. Also , due to the uncertain economic times he would be pushing for Yucca Mountain and a workable solution . Lastly , Commissioner Blundo said he would host a Facebook Live Friday at 1:00 p.m .

Commissioner Koenig

said he was part of the COVID-19 task force where reopening the County had been discussed and he would continue to discuss that addressing the different needs in Nye compared to Reno or Las Vegas . He said he saw nothing wrong with reopening Tonopah, Gabbs , etc. , and reopening Pahrump with certain rules. Sam Merlino said her Pahrump staff would be back in the office tomorrow since the close of walk-in registration was May 12, 2020. There would be a table set up for that and Chief Lewis had gotten her some protective items like masks. There would be a hand washing station and B&G was building a plexiglass shield . The courthouse doors would have to be opened again starting tomorrow. Mrs. Merlino then advised sample ballots were on the way and the actual ballots would be in the mail as of April 30, 2020 . They all had return envelopes with pre-paid postage and while she encouraged April 28, 2020 2. Commissioners'/Manager's Comments (This item limited to announcements or topic/issues proposed for future workshops/agendas)-Cont'd. everyone to drop them in the mail, the voted ballot could also be dropped off at either Clerk 's Office. Voters who submitted party or address changes after April 17, 2020, would have to be issued a replacement ballot and the first ballot would be voided. IVIrs. Merlino asked the voters to double check the labels on their ballots to be sure they were vot ing the correct ballot for their precinct and party .

7. 10:00 - For Possible Action - Public Hearing, discussion and deliberation on

Commissioner Koenig

opened the publ ic hearing; John Bosta asked when this was noticed in the paper and under which NRS . Comm issioner Koenig said he was not sure of the exact date and closed the public hearing.

Commissioner Strickland

made a motion to approve the parcel map as read and the waiver as read; seconded by Commissioner Wichman.

Commissioner Cox

wondered if staff was present who could answer Mr. Bosta 's question. Planning Director Brett Waggoner said he did not have that information on hand but he would find out. It would have been posted up north in the area it affected. April 28, 2020 7.10:00 - For Possible Action - Public Hearing, discussion and deliberation on PM-2019-000058: A request for a Parcel Map proposing to divide Parcel 2 of F#831429 into two parcels; Parcel 1 - 64.15 acre (net) and Parcel 2 - 192.45 acres (net); and a Waiver (WV-2020-000112) from the requirements to provide contour data, in Round Mountain/Smoky Valley, NV, Sections 17, 18 & 20, T13N, R43E, Assessor's Parcel Number 010-231-16. Turk Enterprises, Inc. - Property Owner, Advanced Surveying & Professional Services, Kevin Haskew - Agent/Applicant­ Cont'd.

Commissioner Cox

said she could not find anything that explained why they wanted to do this zone change and what the future intent was .

Mr. Waggoner

explained the property was owned by two brothers who were splitting it due to a death in the family . They inherited the property and one of the brothers wanted to sell off his portion. As to the noticing, he had been told parcel maps did not require a public notice per NRS.

Commissioner Wichman

added this was an active ranch which had been active for many years . As to the waiver, there was a requirement for contour data , especially for FEMA , but there was no flood zone in the north so that waiver request was typical.

Commissioner Koenig

opened the public hearing. John Bosta asked when the public hear ing was noticed and under what NRS.

Commissioner Koenig

closed the public hearing . Brett Waggoner said he did not know the date or the NRS, but the same procedures as always were followed . As soon as he had an NRS he would let Mr. Bosta know.

Commissioner Strickland

made a motion to approve the conforming zone change as read; seconded by Commissioner W ichman .

Commissioner Cox

thought Mr. Bosta was concerned with it being a public hearing and asked if it was noticed .

Mr. Waggoner

said yes as public notices were posted for zone changes. April 28, 2020

8. 10:00 - For Possible Action - Public Hearing, discussion and deliberation on

Commissioner Koenig

added he saw it.

Commissioner Blundo

assumed the Cha ir of the Board of Highway Commissioners.

9. For Possible Action - Discussion and deliberation regarding General Road

Commissioner Cox

thanked Mr. Dahl for putting the corner together and getting the posts up so quickly. She was looking forward to any kind of rock in the ditch to prevent an accident. She also thanked him for the flashing stop sign on Leslie and Mesquite. As to extending the turn lane at Homestead and Highway 160 Commissioner Cox asked if there was talk about putting a concrete island in there or just lines on the road.

Mr. Dahl

said the agreement with the Maverick when they did their site development was the County would not change that configuration until the neighboring property or the property across the street developed . He believed both of those properties were in talks to develop so he was excited about what those developments could bring to the intersection to help with the flow of traffic. There were no plans to make two left turn lanes at this time because of the changes to the intersection lighting . April 28, 2020 9. 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-Cont'd.

Commissioner Cox

expressed her concern with lack of use of the durapatcher and asked if there was another company that could be used for the oil.

Mr. Dahl

said there were companies in Arizona, California and Utah, but this was not the right time of year for that volume of that specific oil to be made. He explained different oil could not be used in it as that clumped up in the spray nozzle and created a mess . As soon as it was available he was prepared to get it and start utiliz ing those pieces of equipment. He added this machinery was intended to be used in the middle of summer, not right now.

Commissioner Blundo

said he wanted to look at Barney and Charleston Park for a four­ way stop . Paul Lemus from Nevada Southern Realty and Grow Abode Farm said they were an essential business in three categories and held four licenses at one of the ir locations. He said discussions had been held during the meetings about the economy recovering and safe distancing .

Commissioner Blundo

advised this was public comment on the general road report on general road maintenance, gravel road maintenance , etc .

Mr. Lemus

said Public Works was at their establishment yesterday when Mr. Sutton decided to take his foot and scrape off the original County marker on video . Mr. Lemus said they were an essential business that would like to recover as well and had been attacked by Nye County. He had five employees who were unable to get funding from any of the programs because of the lingering District Attorney's charges. Marla Zlotek interjected that Mr. Lemus' comments had to be about the agenda item.

Mr. Lemus

felt Public Works should stay focused on their tasks and not attacking essential businesses working hard to bring goods to the community. Tim Sutton stated for the record he did not scrape off any marker.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners . April 28, 2020 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

10. For Possible Action - Discussion and deliberation to direct staff to work with

Commissioner Blundo

made a motion to direct staff to work with Spring Mountain Motorsports Ranch, the BLM and PPLAC to establish permanent des ignated off-road routes between Carpenter Canyon Road and South Wheeler Road ; seconded by

Commissioner Strickland

; 5 yeas. SITTING AS THE BOARD OF COUNTY COMIVIISSIONERS CLERK

11. For Possible Action - Discussion and deliberation to appoint three members

Commissioner Wichman

made a motion to appoint Rebecca Lim , Gwenn Snow and Frank Wagener; seconded by Commissioner Blundo; 5 yeas . FINANCE

12. For Possible Action - Discussion and deliberation regarding RFQ # 2020-03 ­

Commissioner Blundo

made a motion to accept the fee schedule submitted by BEC Environmental, execute the contract and fund from 10340, Grants , using the grant award for the Brownfields Revolving Loan Fund Grant; seconded by Commissioner Strickland ; 5 yeas

13. For Possible Action - Discussion and deliberation to augment the Nye County

Commissioner Cox

asked if cost recovery from the person who started this was being pursued. Marla Zlotek advised it had been explored and she would get back with the Commission in a litigation non-meeting , but the District Attorney's Office had not moved forward on any potential avenues in criminal or civil litigation.

Commissioner Blundo

was also concerned about the cost and asked all departments to spend cautiously and be fiscally conservative at this time.

Commissioner Strickland

suggested going after Facebook since they allowed the posts. Scott Lewis reminded the Commissioners the State had not turned down the request for reimbursement, which would be submitted soon .

16. For Possible Action - Discussion and deliberation regarding a request to: 1)

Commissioner Blundo

disclosed he had a I\lye County privilege license , but that would not prohibit him from participating in this item and it did not affect him in any financial manner.

Commissioner Blundo

made a motion to set the date and time as May 19, 2020 , at 10:00 am in the Pahrump chambers ; seconded by Commissioner Strickland ; 5 yeas .

Commissioner Blundo

read the title of the bill into the record.

17. For Possible Action - Discussion and deliberation regarding a request to: 1)

Commissioner Blundo

disclosed he had a County privilege license , but that would not prohibit him from participating in this item and did not sway him in a financial manner.

Commissioner Blundo

made a motion to set the public hearing for May 19, 2020 , in the Pahrump chambers at 10:00 a.m.; seconded by Commissioner Cox. April 28 , 2020 17. 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. 2020-05­ Cont'd. John Bosta asked if this was the proper way to notice this action .

Commissioner Blundo

read the title of the bill into the record.

18. For Possible Action - Discussion and deliberation regarding a request to: 1)

Commissioner Blundo

disclosed he held a privilege license, but this would not impact him financially.

Commissioner Blundo

made a motion to set the date and time as May 19, 2020, at 10:00 a.m. in the Pahrump chambers ; seconded by Commissioner Strickland .

Commissioner Strickland

disclosed she had three business licenses, none of which were affected by this as they were liquor and special licenses.

Commissioner Blundo

added he held town licenses as well .

Commissioner Blundo

read the title of the bill into the record. PUBLIC PETITIONER

19. For Possible Action - Discussion and deliberation to consider Karl Mitchell's

Commissioner Blundo

made a motion to approve the request for a waiver; seconded by

Commissioner Cox

. April 28, 2020 19. For Possible Action - Discussion and deliberation to consider Karl Mitchell's request for a waiver of the $375.00 Title 6 Special Conditions Animal, Conditional Use Permit Fee-Cont'd. Brett Waggoner told the Board the total fee paid by Mr. Mitchell was $375 .00, $200 .00 for the actual application fee and $175 for the noticing fee . Since this was noticed that money was spent by the County and the $200 .00 portion of it would be for administrative costs. He pointed out this was a request to refund all fees paid. Attorney Arlette Newvine, representing Mr. Mitchell, said they were fine with the deduction of the expenses.

Commissioner Cox

withdrew her second . Marla Zlotek advised this agenda item could not consider any kind of refund. It would have to be re-agendized properly to take that action. She suggested taking no action on this item and bringing another agenda item forward .

Commissioner Blundo

withdrew his motion.

Commissioner Strickland

made a motion to withdraw this item and re-agendize it at another date ; seconded by Commissioner Wichman. John Bosta asked if the $175.00 noticing fee was the actual cost paid to the newspaper.

Mr. Waggoner

said it was the standard fee charged based on an average and never changed.

20. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.)

Commissioner Koenig

said public hearings had been held forever. The update received from the County Manager mentioned John Bosta had e-mailed him with his concerns about public hearings. Mr. Sutton responded and copied the District Attorney. That April 28, 2020 2. Commissioners'/lVIanager's Comments (This item limited to announcements or topiclissues proposed for future workshops/agendasl-Reopened-Cont'd. response clearly said NRS 278, 244, etc., so all of this was just rhetoric. Commissioner Koenig said public hearings and agenda items for possible action had been done forever and he did not understand the confusion all of a sudden.

Commissioner Blundo

expressed his gratitude to all the frontline people battling the crisis as well as County staff who were working diligently from home or the office and continued to serve the public . He said he could not wait to get the County open and get the economy back on track. Brett Waggoner stated the NRSs used for parcel map processing, reviews , application processing , etc ., was stated in the back -up (NRS 278.471 to NRS 278.4725) if Mr. Bosta wanted to do some research.

21. ADJOURN

Commissioner Koenig

adjourned the meeting . (\~ ATTEST: ,2020.