September 15, 2020

Commissioner Cox

was present via telephone.

Commissioner Strickland

stated she was the owner of Strickland Construction , T&M Realty and Lakeside Storage. She did not find any conflicts on the agenda, but she dealt with real estate and water rights with regard to their sales.

Commissioner Koenig

did not think the County would ever meet the numbers the State wanted because people did not want to get tested anymore.

Commissioner Cox

said she was happy all of Nye County was open.

Commissioner Blundo

was also pleased the bars had reopened but pointed out the only businesses still shut down were the brothels.

Commissioner Blundo

thanked Carlos Rivera for his 25 years with the NHP and mentioned the passing of Joan Yoakley and Mike Sexton. He then asked about the marijuana/brothel license fee waivers due to COVID-19. Tim Sutton advised that item would be forthcoming.

Commissioner Blundo

advised he was bringing an item back. Instead of waiving fees it would look to refund and/or credit fees and address the late fees for ACC. He then said he received a phone call last week about the President coming to the County. He thanked everyone who got involved to try to make that happen as well as Don Ahern for opening up his home in Las Vegas.

Commissioner Wichman

acknowledged the passing of Bob Crowell, the elected mayor of Carson City.

Commissioner Strickland

said the CARES Act funding was now available. If someone had a business, a non-profit or a chamber of commerce she suggested applying for some of the funds. Information could be found at www.nyecounty.net. September 15, 2020 4. Commissioners’IManacier’s Comments (This item limited to announcemen ts or topic/issues proposed for future workshops/agendas)-Cont’d. Savannah Rucker said applications had been received and Samantha Krame would r provide more information under that agenda item.

Commissioner Koenig

explained the Board of County Commissioners had nothing to do with the School District and that question needed to be directed to them, but the County Manager may be able to get her some information. Mike Kobuicky talked about the lack of any kind of code compliance baseline in Pahrump, especially on the north side of Highway 372 where there were a lot of abandoned homes and properties full of debris which were fire hazards. He talked with Planning Director Brett Waggoner, who brought up some sort of ticket system which was shot down. Mr. Kobuicky knew when someone filed a formal complaint the property owner could take as long as they wanted. He asked the Board to reconsider that program and raising the bar slightly. Melissa Blundo said she received a phone call yesterday from the Holiday Task Force, which was looking for help cooking 30 turkeys for the community meal. She explained her No Mask Nevada Pact was not against mask wearing, but believed it should be a choice, not a mandate. They would have a rally or protest at the Governor’s home on September 21, 2020, from 4:30 p.m. to 6:00 p.m. She said it was time to open up as other states were opening. In Pennsylvania the Supreme Court overturned the Governor’s unconstitutional mandates. Idaho was open and it had happened in Wisconsin as well as Illinois. She then talked about Don Ahern and his patriotism and advised a GoFund Me page had been set up to help pay for the fines he was assessed for holding the rally for President Trump. John Pawlak said he saw Pahrump in a different light than Mr. Kobuicky. If he or any of the Commissioners would like to change anything Mr. Pawlak asked them to join Clean Up Pahrump, which was a group of people constantly cleaning up and making the town look better. He also urged people to make an appointment for the RAM Clinic which would be held at the Pathways Educational Center on the Pahrump Valley High School campus. Regarding the Pennsylvania Supreme Court decision, Chris Arabia advised he was reviewing it. One of the interesting things was some of the plaintiffs in that were counties. Since it was brought up he wanted to let people know they were aware of it.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS JUSTICE(S) OF THE PEACE

Commissioner Blundo

asked Savannah Rucker where the funding would come from. Savannah Rucker explained both of the departments in question as well as the Beatty Justice Court were funded from the County general fund. If the Board approved these positions she would have to bring back an item to secure funding, which was only available in contingency in the general fund.

Commissioner Blundo

made a motion to approve the two positions as requested and direct Finance to bring back the item for the funding source coming out of contingency; seconded by Commissioner Strickland.

Commissioner Cox

agreed they needed two people, but she thought it would also help if the Sheriff’s Office stopped putting everyone in jail for misdemeanors.

Commissioner Wichman

said she had done a complete study on this for a course she was taking and found a number of things that supported doing the risk assessment and she was 100% behind doing those prior to the judges seeing them. However, it was ten questions and while she realized time needed to be taken to verify those, there was another reason for having the arresting officer fill out the form. First it went to just exactly to what Commissioner Cox referred to in curtailing some of the arrests that were probably not necessary. If the arresting officer was required to fill those documents out and verify them then they would think twice about arresting someone. Commissioner Wichman also expressed her concern with the budget this year due to COVID because contingency was there for things that were an emergency and she thought there were other ways to do this without breaking the bank.

Commissioner Blundo

said he spoke with Judge Kiapper and she had a solution that worked for their caseload. He also wanted to know if Judge Sullivan had anything to add because the Beatty Justice Court worked in tandem with the Pahrump Justice Court a lot and he did not want to assume these positions would work with Judge Sullivan. Chris Arabia said Commissioner Wichman’s points were well taken, but it was almost impossible to conceive how shorthanded the Sheriff’s Office was right now. There was one morning where the vast majority of people assigned to patrol had court. It also September 15, 2020 36. For Possible Action Discussion and deliberation to approve a Court Services Specialist position and determine potential funding sources to fund the position in Fiscal Year 2021 -Cont’d. made him uncomfortable to potentially have a situation where someone went out on a case, made an arrest, and came back and spent that time, which would cut the resources on the street. He mentioned the liability element as well due to the community safety concerns Judge Chamlee referenced. Mr. Arabia said he understood the financial situation, but there was a great deal of risk to the community and the County’s coffers if this was not done right.

Commissioner Strickland

said her biggest concern was just because someone was arrested did not mean they were guilty. She was very much behind the judges. Beatty Justice of the Peace Gus Sullivan said he had several concerns, one being the timeframe. He said he met with the County Manager in June, and now it was the ninth inning. The judges would be held responsible and going in front of the judicial discipline system was not fun. If the judges could not get accurate information then they could not necessarily make the correct decisions. Judge Chamlee advised she had spoken to Sheriff Wehrly and Captain Boruchowitz at length and they worked out an arrangement with Judge Klapper in Tonopah because of the small number of arrests. Due to the heavy arrests and caseload in Pahrump they made it clear they had no interest, no time and no resources to the assist with PRAs. She also felt based on her experience that it would make many defendants nervous to see the arresting officer filling out their risk assessment to give the judge information. Judge Jasperson pointed out the ADK issued directed the courts to do this, not the Sheriff’s Office or anybody else. The responsibility and onus were on the judges’ shoulders to make sure it was done.

Commissioner Ccx

asked Mrs. Rucker if it would be possible to make these self- contracting positions and go out to bid to avoid paying benefits, to which Mrs. Rucker responded she could look into that. Tim Sutton stated he did not lie and he did not tell half-truths. Everything in his e-mail was exactly what was passed onto him from the undersheriff, but he thought there may have been some confusion. When he said the PRA work was done by the sheriff’s deputies and civilians, that was in response to Judge Jasperson’s comment that there was no doubt this was a court position. However, the back-up the court provided was contrary to that as the Carson City positions were sheriff’s office positions. As to it being the eleventh hour, Mr. Sutton advised he had just received information from the justice court that he had been requesting for a long time. Initially four positions were requested and he asked for more information. There were numerous meetings and long discussions, but justification was never provided as to how many positions were September 15, 2020 36. For Possible Action Discussion and deliberation to approve a Court Services Specialist position and determine potential funding sources to fund the position in Fiscal Year 2021 -Cont’d. needed. Now finally at the eleventh hour this was provided in response to the work he had done. Stephanie Hashimura wondered if the two Commissioners not here were aware of the workload the Sheriff had. She said it did not make any sense to add to the workload and people should be hired. Ammie Nelson felt this needed to be done and officers should not be involved in it.

Mr. Petersen

said in the agenda packet there should have been a summary of the savings, the debt service schedule for the new refunding bond, and a pro forma schedule of remaining steps to refinance. The plan was to refinance all of the 2010 jail bonds, which at the moment were outstanding at over $18 million. In order to refinance the plan would be to get refinance proposals from banks and lenders anticipating the borrowing would be approximately $18.8 million. The anticipated savings was $2.5 million over the remaining 20-year life of the bonds. The old bonds were at 4.1% interest and the refinancing was estimated to be at a 3% interest rate. The refinancing would be done with two series of bonds, one tax exempt for $12,180,000.00 and one taxable of $6,612,000.00 because of federal contracts in place. Those would be amortized so the annual payments would $1 244,000.00 a year.

Commissioner Blundo

asked if this was a refinance with the same lender or a new loan for a new 20 year end date. September 15, 2020 9. 10:00 a.m. For Possible Action Presentation, discussion and deliberation to: — — 1) Introduce critical stakeholders for the jail bond refinance project; 2) Review assumptions, refinance savings, plan for solicitation of financing bids, the timeline, and other details relating to the jail bond refinance project; and 3) Provide direction to staff to proceed with the jail bond refinance-Cont’d.

Mr. Petersen

explained it would be a new lender, but the remaining payments would not be shortened or lengthened and it would still end in August, 2040.

Commissioner Blundo

asked if a commission was involved.

Mr. Petersen

said on the first page of the numbers there was a line item called issuance costs. All costs on a refunding bond were paid out of the proceeds of the bond. The plan was to refinance the bond and use those proceeds to pay those costs, which right now were estimated at roughly $100,000.00. However, he pointed out the County was required to make a contribution toward the refunding of approximately $450,000.00 as they had a requirement every month to set aside the upcoming payment. Mr. Petersen advised they anticipated releasing an RFP to banks and other financial institutions and have those come back on October 5, 2020. They would present the final refunding results to the Commission on October 6, 2020. A bond ordinance would come to that meeting and if the Board approved it the refunding would close on November 5, 2020.

Commissioner Strickland

made a motion to direct staff to proceed with the jail bond refinancing; seconded by Commissioner Blundo. Richard Goldstein asked how much the original loan was, to which Savannah Rucker responded $21.83 million. Ammie Nelson felt if this was not a mandatory issue it should wait because of the losses suffered due to the shutdown and come back in six months or so.

Sheriff Wehrly

also invited the Commissioners to ride with the deputies to observe how they did. They also put together classes for Commissioners so they could be introduced to every facet of their job and were more than willing to put those classes on again.

Commissioner Wichman

said her comments were in general based on her findings throughout the entire state through the study she did. If she led anyone to believe that she did not think the Sheriff’s Office did the best job possible then she apologized because that was not what she intended to convey. TIMED ITEMS 11. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation to issue an Outdoor Festival License to the VinoJazz Foundation for Pahrump Valley Days to be held February 18-21, 2021 at Petrack Park located at 150 Highway 160, Pahrump, Nevada. Doug Dubin, appearing on behalf of the VinoJazz Foundation and the Pahrump Valley Days, described the event which would include a rodeo, a carnival, vendors, a barbecue competition, music, horseshoe and cornhole competitions, an art show and car demonstrations among other things. The event was created to allow small and medium businesses to exhibit, raise money and continue doing business in these challenging times as well as to get families and friends out to have a great experience.

Commissioner Blundo

asked if there were any plans in case COVID was still going on and it had to be cancelled or rescheduled. Hunter DeMarais explained they had a couple of different steps for the back-up plan. Plan A was the all clear happened and they start moving forward, but all of a sudden they got called back. Assuming they did not go any further than the level they were at now, they would ask for the support to still do it with a contingency plan and they would require additional protection by each booth owner, such as a vapor barriers, all vendors September 15, 2020 11. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation to issue an Outdoor Festival License to the VinoJazz Foundation for Pahrump Valley Days to be held February 18-21, 2021 at Petrack Park located at 150 Highway 160, Pahrump, Nevada-Cont’d. would have to wear masks, and there would be a sanitizing procedure. If they moved forward and something happened with COVID, they would see if they could go on with the event regardless. They would receive deposits for sponsorships and vendor booths, and the vendors also understood it would be a gamble. Should something happen worse, through the foundation they still planned on doing events as time moved on so they would hold those funds to apply to the next event.

Commissioner Strickland

advised Mr. Dubin and Mr. DeMarais that the Board would need to be held harmless because even they received a letter from OSHA if corrective action was not taken when conducting the meeting. She said this would be at their own risk.

Commissioner Koenig

opened the public hearing Jenny Sartin, CEO of the Pahrump Valley Chamber of Commerce, felt the dates for this event were too close to the Pahrump Balloon Festival dates and because of that it would put the businesses in an awkward position of which one to support.

Commissioner Koenig

was not present.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. Donna Corey thought this event being within four weeks of the balloon festival would cause quite a problem for sponsors, vendors and the community who had to put aside money to attend. Ms. Corey asked the Board to ask the applicant to move it to June or a different date so it did not conflict with the balloon festival. Buddy Krebs hoped the Commission blessed this event as he thought it would be good for the community. Melissa Blundo stated her support of the chamber and did not think it was fair to make the community choose one event or the other.

Commissioner Koenig

was present and assumed the Chair of the Board of County Commissioners.

Commissioner Koenig

closed the public hearing. Regarding how this event would put a strain on businesses, Mr. DeMarais felt that was an erroneous comment and should have no bearing on this. Several potential sponsors and vendors were excited about doing this. He assumed they would do so well in this September 15, 2020 11. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation to issue an Outdoor Festival License to the VinoJazz Foundation for Pahrump Valley Days to be held February 18-21, 2021 at Petrack Park located at 150 Highway 160, Pahrump, Nevada-Cont’d. event they would be happy to do other events. He added this was about supporting the rodeo, who approached them.

Commissioner Blundo

made a motion to continue this item to the next meeting.

Commissioner Strickland

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Cox

said she would like to see both events take place as it was not about vendors but rather it was about the community.

Commissioner Blundo

asked what the County was being asked to just cover the building repairs and fire/liability insurance. Barton Campbell explained the request was for the same thing the County had been covering through the Nye County Nutrition Program. They wanted to try to control the commitment to the product right in Beatty.

Commissioner Wichman

noted the County covered the building insurance and the Senior Services Program was a sub-entity of Nye County on the insurance policy, but the Commissioners did approve in concept a service delivery model which would cover all organizations the County provided support to. She asked that an item be brought forward in a few months to introduce that interlocal agreement because those agreements would be put in place for other senior programs.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland. September 15, 2020 47. For Possible Action Discussion and deliberation regarding use of the Beatty Senior Center Building by the Beatty Seniors, Inc. 501c3, beginning Oct. 1, 2020 with use of kitchen and office equipment. And to stay under the county umbrella for building repair and firelliability insurance. The current transportation program will remain under the control of the current Nye County Program-Cont’d.

Commissioner Wichman

asked if there was a commitment from the seniors in Beatty to sign up for this program.

Mr. Campbell

said yes. They had people who wanted to come to lunch, which may be the only meal they got that particular day and that was why they wanted it to continue being open. When the program was open it fluctuated between 10 and 25 people who wanted to come every day. Patty Butler advised they served lunches to upwards of 25 people a day and all of those people were committed.

Commissioner Wichman

referred to the back-up where it was asking for the same agreement as with Amargosa. There had only been a motion by this Board to agree in concept and privatization had not taken place yet. Also, there was a fee schedule involved so a request to waive those would have to accompany the agenda item to consider an interlocal agreement. The Board would also need to see the financials that were not in the back-up as well copies of the contracts. Additionally, she did not believe there were any volunteer applications on file. Commissioner Wichman asked for a friendly amendment to the motion to continue this for 60 or 90 days in order to give the Beatty seniors an opportunity to gather the documents needed, the projected monthly expenses, monthly funding commitments and revenue sources, vendor and utility contracts, volunteer applications and a business plan.

Commissioner Strickland

withdrew her second.

Commissioner Blundo

withdrew his motion

Commissioner Wichman

made a motion to continue this item for 60 days in order for the Beatty Seniors, Inc., to gather the requested documents, the projected monthly expenses, monthly funding and revenue sources, the pending commitments, vendor and utility contracts, volunteer applications, and their business plan; seconded by

Mr. Campbell

advised they could have it done within 30 days or sooner.

Commissioner Wichman

amended her motion to continue this item for up to 60 days in order for the Beatty Seniors, Inc., to gather the requested documents, the projected monthly expenses, monthly funding and revenue sources, the pending commitments, vendor and utility contracts, volunteer applications, and their business plan;

Commissioner Blundo

amended his second. September 15, 2020 47. For Possible Action Discussion and deliberation regarding use of the Beatty Senior Center Building by the Beatty Seniors, Inc. 501c3, beginning Oct. 1, 2020 with use of kitchen and office equipment. And to stay under the county umbrella for building repair and firelliability insurance. The current transportation program will remain under the control of the current Nye County Program-Cont’d. Dick Gardner, Chairman of the Beatty Town Advisory Board, said the town board was taking care of the utilities for the seniors for the next year. Additionally, the VFW had donated to this entity so it had gotten support from not only the town but several organizations around Beatty.

Commissioner Blundo

was not present. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Strickland

assumed the Chair of the Licensing and Liquor Board. LIQUOR 18. For Possible Action Discussion and deliberation regarding approval of a Doing Business As (dba) name change for WNT, LLC. from The Office to The Phoenix, located at 1301 S. Loop Road, Pahrump NV 89048, Nicholas Moore — OwnerlApplicant.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig; 4 yeas.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. September 15, 2020 TIMED ITEMS 12. For Possible Action Continued Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-04: A Bill proposing to amend Nye County Code Title 17, titled Comprehensive Land Use Planning and Zoning by adding Chapter 17.12, titled Craft Distillery, Brewery, Brew Pub, Cidery, Meadery and Winery Zoning Requirements, to establish the zoning, land use and development requirements applicable to distilleries, micro distilleries. cideries, microbreweries, brew pubs, meaderies and wineries within Nye County, including those areas within the Pahrump Regional Planning District; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto. 13. For Possible Action Continued Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-05: A Bill proposing to amend Nye County Code, Title 5, titled Business Licenses and Regulations, Chapter 5.04.020, titled Definitions by changing the definitions for Special Event Permit and modifying Wholesale Delivery Liquor License and Wholesale Liquor License within Nye County, including those areas within the Pahrump Regional Planning District; and providing for the severability. constitutionality and effective date thereof; and other matters properly relating thereto. 14. For Possible Action Continued Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-06: A Bill proposing to amend Nye County Code Title 5, titled Business Licenses and Regulations, Chapter 5.04.060, titled Classes by reclassifying and defining classes of business licenses within Nye County, including those areas within the Pahrump Regional Planning District; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto. Planning Director Brett Waggoner explained they had scheduled a workshop with the stakeholders which was postponed. Since that workshop had not been held yet he recommended rejecting the three bills for now. Once the workshop was completed and adjustments were made to the drafts they would bring them back as new items.

Commissioner Koenig

opened and closed public hearing.

Commissioner Strickland

made a motion to reject Nye County Bill No. 2020-04, Nye County Bill No. 2020-05, and Nye County Bill 2020-06; seconded by Commissioner Wichman; 4 yeas. September 15, 2020 15. For Possible Action Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2020-14: A Bill Proposing to Amend Nye County Code Title 5 Titled Business Licenses and Regulations, Chapter 5.04 Titled Liquor Regulations, Section 5.04.040, Titled Meetings, by Changing the Number of Members of the Board Constituting a Quorum; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Blundo

disclosed he held a Nye County privilege liquor license as well as a Pahrump town license. His business and financials were not material to this item and would not affect his voting on it.

Commissioner Strickland

made a motion to adopt Nye County Bill No. 2020-14; seconded by Commissioner Blundo; 5 yeas. 10. 10:00 a.m. For Possible Action Continued Hearing to Show Cause, — — discussion and deliberation pursuant to Nye County Code 17.04.860 to: 1) Determine if unhealthful nuisance conditions exist at 5908 E. Badlands Lane, Pahrump, NV, and 2) If a nuisance does exist, whether the nuisance should be abated or removed, or 3) Determine there is no nuisance. Assessor’s Parcel Number 046-011-13, Property Owner Mosley, Jorja Faye Shrouder Trust. Brett Waggoner explained this item was continued to this date specific meeting. The last time it was before the Board staff was asked to work with the District Attorney’s Office and foflow up on the claim made by the property owner that the house was being sold on the courthouse steps during that meeting. Mr. Waggoner said there was an intent of sale, but at this point there had not been any sale recorded or scheduled. The property was also held in Treasurer’s trust for back taxes. Richard Hopper told the Board there was an order of condemnation in the notice of May 14, 2020, to abate because of unhealthy conditions on the property. Sheriff caution tape was put up on the property, however, that was ignored and taken down by Ms. Mosley. Mr. Hopper said something needed to be done and a decision had to be made. Code Compliance Officer Amanda Marshall advised that since the last meeting she had still not been able to contact Ms. Mosley or complete another inspection. Ms. Marshall drove by the property this morning and took a couple of pictures, which showed the front of the property might have been cleaned up a little from previous but the inside of the structure was unknown.

Commissioner Strickland

made a motion to declare the property a nuisance that should be abated; seconded by Commissioner Blundo. September 15, 2020 10. 10:00 a.m. For Possible Action Continued Hearing to Show Cause, — — discussion and deliberation pursuant to Nye County Code 17.04.860 to: 1) Determine if unhealthful nuisance conditions exist at 5908 E. Badlands Lane, Pahrump, NV, and 2) If a nuisance does exist, whether the nuisance should be abated or removed, or 3) Determine there is no nuisance. Assessor’s Parcel Number 046-011-13, Property Owner— Mosley, Jorja Faye Shrouder Trust-Cont’d.

Commissioner Cox

felt the homeowners’ association was trying to shove this off on the County to save money. She said they should have taken it to court and she did not believe the County had the right to tell anyone what they could have in their house. She thought this should be sent back to the homeowners’ association for them to deal with. Tim Sutton advised the property was slated for auction in May, 2021.

Commissioner Cox

suggested letting it go to auction and said she would like the motion withdrawn. Michelle Nelson pointed out this item was to determine if it was an unhealthful nuisance. She said the Board may want to consider and discuss a finding of fact as to the conditions being an unhealthful nuisance and risk to the safety and health of the occupant.

Commissioner Blundo

withdrew his second.

Commissioner Strickland

withdrew her motion.

Commissioner Strickland

made a motion that this Board found an unhealthful nuisance existed because there had not been running water on the property for a number of years at 1 508 Badlands Lane and since the nuisance existed she would like to see it abated; seconded by Commissioner Blundo.

Commissioner Cox

asked if anyone confirmed she had no water.

Mr. Waggoner

said the water was turned on but turned off to the inside of the house.

Ms. Marshall

testified last time that there was evidence shown in the some of the photographs Ms. Mosley was washing dishes with hoses outside which was causing settling on a portion of the land. As to whether they were in the home to verify the water was on, Mr. Waggoner stated several attempts were made and they had not been given access to the home.

Commissioner Cox

commented a court order was needed for that.

Ms. Marshall

said her notice of condemnation included a few items that the property was condemned for, which she would like included in the motion. Those were unsanitary health conditions, contamination with human and animal feces, lack of maintenance, inoperable sanitary facilities, accumulation of debris obstructing egress, September 15, 2020 10. 10:00 a.m. For Possible Action Continued Hearing to Show Cause, — — discussion and deliberation pursuant to Nye County Code 17.04.860 to: 1) Determine if unhealthful nuisance conditions exist at 5908 E. Badlands Lane, Pahrump, NV, and 2) If a nuisance does exist, whether the nuisance should be abated or removed, or 3) Determine there is no nuisance. Assessor’s Parcel Number 046-011-13, Property Owner— Mosley, Joria Faye Shrouder Trust-Cont’d. and inadequate ventilation and plumbing systems, including not having a kitchen sink that worked and toilets that could not flush.

Commissioner Blundo

withdrew his second.

Commissioner Strickland

withdrew her motion. Jorja Mosley was present via telephone and stated the water had been on. She had shower and toilet facilities and a sink with running water. She went outside to empty and clean her cat box. She said if Ms. Marshall went by the house today she would have notice it was cleaned up.

Commissioner Strickland

asked Ms. Mosley if Ms. Marshall could visit the property.

Ms. Mosley

said absolutely. She was in Oregon right now and would be back next week. She pointed out that Ms. Marshall saw the running water in the house and she wondered why Ms. Marshall did not say that. Ms. Mosley said her heat and air conditioning worked as well.

Commissioner Koenig

asked Ms. Mosely how many years she went without water.

Ms. Mosley

said a year because she was in school and her husband died during that time. She lived on her social security check and chose to keep the electricity on and turn the water off during the time she could not afford it. She also did not know what was unsanitary about her house. She cleaned up after her dog so she disagreed with the statement about feces around her house as well as sanitary pads.

Commissioner Koenig

recommended putting it off for another month with the agreement that Code Compliance got in her house next week when she came back to inspect for health and safety.

Commissioner Blundo

made a motion to continue this item to October 20, 2020, with the understanding and stipulation that Code Compliance review the house within the next ten days, to which Ms. Mosley agreed, and the Board would consider the facts at that time; seconded by Commissioner Strickland; 5 yeas. September 15, 2020 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 20. For Possible Action Presentation by ARES to review their plans to amend their original project and development agreement to add construction of a storage and energy regulation management facility located in the Town of Pahrump. Howard Trott, CEO of ARES Nevada, and Katy Richey, COO of ARES Nevada, were present. Mr. Trott advised they had now secured through Gridliance a substation upgrade which was due to be finished by the end of next year, but they hoped to connect sooner than that. They did some redesigning while they could not connect and wanted to amend the development agreement to add the Gamebird gravel pit as their new development place. A video about the project was played and Mr. Trott said they were pushing for October 9, 2020, to dig dirt and have their ceremony. Brett Waggoner advised the applicant he had spoken with one representative that was helping them but Planning had not had any recent meetings at all regarding this project. As far as their timing, any amendments to the development agreement would have to be reviewed by the District Attorney’s Office and even if they got it by tomorrow it would be tough to get it on the October 9, 2020, agenda.

Commissioner Wichman

pointed out that the amendment had to be in the form of a bill, which would also affect the timeframe. Helene Williams described how the grid system worked and how it did not normally go to a specific location. SHERIFF 35. For Possible Action Discussion and deliberation to: 1) Ratify the Memorandum of Agreement with Nye Communities Coalition as accepted by Captain David Boruchowitz of the Nye County Sheriff’s Office for the purpose of performing Complete Compliance checks for Alcohol Retail Stores throughout Nye County; and 2) Deposit funds to 10101 General Fund.

Commissioner Blundo

made a motion to 1) ratify the Memorandum of Agreement with Nye Communities Coalition as accepted by the Captain on behalf of the Sheriff’s Office for the purpose of performing complete compliance checks for alcohol retail stores throughout Nye County and 2) deposit funds into 10101, General Fund; seconded by

Commissioner Blundo

disclosed he held a Nye County privilege liquor license which would not affect his participation or voting on this item. Savannah Rucker asked that the funds be deposited into the Grants Fund, 10340, as the other fund was a typographical error by her office. September 15, 2020 35. For Possible Action Discussion and deliberation to: 1) Ratify the Memorandum of Agreement with Nye Communities Coalition as accepted by Captain David Boruchowitz of the Nye County Sheriff’s Office for the purpose of performing Complete Compliance checks for Alcohol Retail Stores throughout Nye County; and 2) Deposit funds to 10101 General Fund-Cont’d. Chris Arabia thought it would be prudent to bring this item back as it did not reference amending anything.

Commissioner Strickland

withdrew her second.

Commissioner Blundo

withdrew his motion.

Commissioner Koenig

suggested ratifying it and bringing back the second part of the agenda item.

Commissioner Blundo

made a motion to ratify the Memorandum of Agreement with the Nye Communities Coalition as accepted by Captain David Boruchowitz on behalf of the Sheriff’s Office for the purpose of performing complete compliance checks for alcohol retail stores throughout Nye County; seconded by Commissioner Strickland; 5 yeas. BOARD OF COMMISSIONERS 31. For Possible Action Discussion and deliberation to consider Neal Jones’s request to rescind, repeal, cancel, void andlor nullify Nye County Resolutions 2020-16: A Resolution Directing the Transfer of Nye County Treasurer Trust Property Into Nye County Ownership for Public Purposes and 2013-17: A Resolution Directing the Transfer of Nye County Treasurer Trust Property Into Town of Belmont Ownership for Public Purposes.

Commissioner Koenig

said this was discussed in July and the motion was made by

Commissioner Blundo

to turn it over to the District Attorney’s Office. He asked for comments from that office. Maria Zlotek said she was tasked to look into the two resolutions. She requested additional time to do a thorough job in addressing all issues brought up by Neal Jones and asked that it be continued to either meeting in November.

Mr. Jones

said he had no problem with continuing it as long as it was set for a definitive date.

Ms. Zlotek

stated if she could complete it by November 10, 2020, she would but she would ask for more time if needed.

Commissioner Strickland

made a motion to continue this item to the November 10, 2020, meeting; seconded by Commissioner Blundo; 5 yeas. September 15, 2020 TIMED ITEMS 16. 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 explained there was no report because it was not due. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. 17. 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. Assistant Public Works Director Thomas Boiling said they were working on Cabo and Blosser Ranch and would start working on the rest of the chip seal areas following that. A substantial amount of durapatching had been done in the Pahrump valley and they started last Saturday using the durapatcher to fix the courthouse parking lot. Pothole patching would continue, but the main focus was prepping the roads for chip seal. Next week in Tonopah they would stripe the Belmont Road and a lot of durapatching was being done there as well. Gravel roads were being graded in Currant Creek and Sunnyside, and tree trimming continued in Amargosa along with patching roads.

Commissioner Cox

mentioned the potholes on Labrador by Winchester and thought a new layer of pavement was needed. Another area going to pieces fast was between Dandelion and Gamebird and from Pahrump Valley over to Homestead.

Commissioner Strickland

asked for the status of Homestead and Thousandaire and Mr. BoIling did not have any information on that. Regarding the chip seal on Linda, Commissioner Koenig said the people there would not agree to 40 feet instead of 20 feet, so the County would probably never chip seal up there where it promised to chip seal.

Commissioner Blundo

asked for the status of the left turn on Homestead onto Highway 160.

Mr. BoIling

advised they were still waiting for the manufacturer to ship the parts needed in order to get that put together, which continued to be the update from the contractor. September 15, 2020 17. 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. Pat Minshali from the Amargosa Town Board said she would like to see the durapatcher in Amargosa. At the last meeting she brought up Valley View and Farm Road. She knew the town sent arequest as well to have the speed there reduced. Since that intersection was a pick-up and drop off for the school buses and should be 35 mph, she believed school bus stop signs might be applicable. She then complimented the crew on the job done on Powerline. Regarding the four-way stop at Charleston Park and Barney, Ammie Nelson felt the biggest problem there was a dip on the Family Dollar side of the street that filled with rain and could cover a car and something needed to be done about that.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 19. 10:00 a.m. For Possible Action Presentation, discussion and deliberation — — of the FY2O-21 Lakeview Executive Golf Course Annual Plan. Adam PohIl along with Tom Bugbee from CourseCo were present via telephone. Mr. PohIl advised that in FYi 9/20, their first full year of operation, despite being closed for 35 days due to COVID-1 9 they were able to exceed revenue goals and come in under expense goals. They invested back into the facility this past year by completing construction of a new practice putting green, a large short game practice area, and a three-stall driving range. They also purchased new equipment and made some upgrades to the maintenance department. Mr. Pohll said this year’s plan had the same goals as last year a quality affordable experience for the whole community, continue to improve course conditions, improve customer experience, provide great programming to all constituents in the golf community, and they wanted to provide free non-golf community events. For FY2O/21 they were budgeting 15,500 in total rounds of golf, an 8% increase over last year. Total revenue was budgeted at $337,000.00, a 14% increase over last year. Mr. Pohll explained the increase in rounds and revenue would come from not being closed for 35 days due to COVID and implementing some small fee increases in the coming fiscal year. On the expense side, total expenses were budgeted at $446,000.00, an 8% increase over last year. Much of that increase was savings due to the COVID closure. That would result in a net income of -$1 30,000.00 for the fiscal year, which was a 12% improvement over the previous year.

Commissioner Blundo

asked where the difference in the money was coming from. September 15, 2020 19. 10:00 a.m. For Possible Action Presentation, discussion and deliberation of the FY2O-21 Lakeview Executive Golf Course Annual Plan-Cont’d. Savannah Rucker explained the difference was made up with the room tax redirected to this fund to help improve the grounds and facility so fees could be raised slowly over time and it could become profitable. It was not something that would happen overnight.

Commissioner Strickland

mentioned foot golf played with a soccer ball and asked if that was something making money at other golf courses.

Mr. PohIl

said they did operate foot golf at several of their properties. There was a small upfront cost and they did see incremental increases on the revenue side, but it was not a silver bullet. He said they could definitely work on that. Ammie Nelson said this company was hired to make some improvements and make some profit with it. He just said it took almost two years for a $160,000.00 loss to be an improvement over a $200,000.00 loss. She felt this was really going against what every taxpayer in Pahrump was looking for and did not think the improvements for soccer or raising greens fees would help.

Commissioner Blundo

made a motion to approve CourseCo’s FY2O/21 annual plan for the Lakeview Golf Course; seconded by Commissioner Strickland.

Commissioner Cox

pointed out this course was in competition with Mountain Falls. She could see this being a five-year project before it could turn any kind of profit which was why she voted against it at the time. She said she would support another year and if it did not show more improvement next year it was a good use for the property and the County could get a buyer.

Commissioner Blundo

made a motion to approve items 22-24; seconded by

Commissioner Strickland

; 5 yeas. 23. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in December for Tuesday, December 15, 2020 in Pahrump, Nevada.

Commissioner Blundo

made a motion to approve items 22-24; seconded by

Commissioner Strickland

; 5 yeas. 24. For Possible Action Approval to: 1) Accept the SFY 2020 Notice of Subaward (NOSA) Amendment #1 from the Nevada Aging and Disability Services Division (ADSD) for a Budget Modification from Operating Expenses to Personnel Expenses in the amount of $13,200.00 to provide meals to seniors in Beatty and Tonopah in Nye County; 2) Execute the Subaward; and 3) Fund from 10281 Senior Nutrition. Matching funds have been met.

Commissioner Blundo

made a motion to approve items 22-24; seconded by

Commissioner Strickland

; 5 yeas. 25. For Possible Action Closure of meeting, pursuant to NRS 241 .015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 26. Closed meeting, pursuant to NRS 241 .015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 27. For Possible Action Discussion and deliberation on conference with legal counsel regarding potential or current litigation presented in closed meeting. This item was removed from the agenda. September 15, 2020 28. 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. This item was removed from the agenda. 29. 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. This item was removed from the agenda. 30. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. PLANNING 43. For Possible Action Discussion and deliberation on a request to approve a two (2) year extension of time for performance under an existing Development Agreement between Nye County and L.l. Development, LLC and Pahrump Utility Company, Inc., for property located at 5400 E. Turner Boulevard, Pahrump, NV, Assessor’s Parcel Number 045-361-01. Brett Waggoner advised the applicant claimed this was due to a slowdown in plans due to COVID and he believed the justification letter that explained that was in the back-up. Gregory Hafen II, the applicant, was present speaking on behalf of L.l. Development, not as an assemblyman of Nevada. He explained this request was due to the Governor issuing a declaration pertaining to rent and mortgage payments. By continuing to postpone that it threw a wrench into the housing market and caused some delays that were unforeseeable. The original shut down was supposed to be 15 days and it was now 180 days.

Commissioner Strickland

made a motion to approve the two-year extension of time; seconded by Commissioner Wichman; 5 yeas. 42. Presentation of the quarterly report from the Planning Department regarding the status of Code Compliance cases. Brett Waggoner said the report was in the back-up. There were still seven open cases from 2017, 2018 was down to 39, 2019 had 75, and there were 146 for 2020, for a total of 267 cases. Of those approximately 52 cases were now residing in the District Attorney’s Office with a request for prosecution. September 15, 2020 42. Presentation of the quarterly report from the Planning Department regarding the status of Code Compliance cases-Cont’d.

Commissioner Blundo

asked what was being done about the orange signs from Jim’s Garage Sale.

Mr. Waggoner

said he had not seen them himself, but he was given instruction those signs were to only be out while the garage sale was going on and were to be collected when there was no garage sale. He told Commissioner Blundo to let him know if that was not the case. If Commissioner Blundo was letting him know now they could reopen that portion of the case.

Commissioner Blundo

asked what was going on with the property on Blagg with the trailers. Code Compliance Officer Amanda Marshall advised the last update she got from the District Attorney’s Office was the owner would be back in town in November and that was when they had it slated for prosecution. Chris Arabia explained his office had been in discussions with the justice court to try to streamline things a little bit and if anything came about he would speak at a future meeting. 45. 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. 2020-15: A Bill proposing to approve a Development Agreement between Nye County and Pahrump Lands, LLC; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Blundo

made a motion to set the date and time for October 20, 2020, at 10:00 a.m.; seconded by Commissioner Wichman.

Commissioner Strickland

said she could not review the map as it was in the back-up and asked if these were lots.

Mr. Waggoner

said there was a map of 70 acres. When this was before the RPC they were asked to phase out those developments and one of the conditions given on the approval was they would bring forward a development agreement. He said the map was available for review in his office.

Commissioner Strickland

suggested setting a later date and time in November so it could be reviewed further as no details were provided.

Commissioner Blundo

amended his motion to set the date and time as November 16, 2020, at 10:00 a.m.; Commissioner Wichman amended her second. September 15, 2020 45. 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. 2020-1 5- Cont’d.

Mr. Waggoner

urged the applicant and their representatives to reach out the Commissioners individually. Helene Williams said she tried to speak on the previous item about tires. She had a neighbor with a wall of tires and asked for an agenda item to discuss the County’s position on tires being used around homes as fencing. David Richards from CivilWise Services said he would reach out to the Commissioners to provide an explanation on the map.

Commissioner Blundo

read the title of the bill into the record. FINANCE 37. For Possible Action Presentation, discussion and possible amendment of the Nye County CARES Act Policy. Grants Administrator Samantha Kramer said in the back-up was the expenditure listing from March to July submitted to the Governor’s finance office for monthly reporting. August amounts were not included because of the date the back-up was due, but she would have those at the next meeting. Expenditures were only posted in the Nye category, which were costs the County incurred to mitigate COVID during that time period. Five applications were received totaling $386,633.93. Labor would not be included in the approved application column as it was an automatic assumption there would be charges to the project for unbudgeted payroll associated with COVID-19. As of September 8, 2020, all programs outlined in the CARES Act Policy were available on the County Web site. As of yesterday, two applications for sub-entities were received totaling $3,632.84. Three applications were received for small business PPE and rental assistance totaling $20,650.00. Five applications for small business working capital were received, but she did not have the total yet as the National Development Council was working on those figures. Ten applications were received for public assistance totaling $16,825.32. No applications from non-profits had been received yet to administer food assistance to the public.

Commissioner Blundo

disclosed he held a Nye County privilege liquor license and had applied for the programs through the CARES Act. September 15, 2020 37. For Possible Action Presentation, discussion and possible amendment of the Nye County CARES Act Policy-Cont’d.

Commissioner Strickland

said she was also a business owner, but she would not make an application.

Ms. Kramer

said she would like to request a change in the CARES Act policy that was not in the back-up. Under the rental assistance to small business direct payment sections she would like to amend the sentence “Applicant must be able to provide a complete application, vendor claim form, W-9, lease or rental statements proving delinquency, and 2020 financials.” The addition to submit the 2020 financials was the change to the policy. Ms. Kramer explained it should have been in the initial policy and was an error on her part. The 2020 financials were requested under the public assistance program for the rental, mortgage and utility assistance for business owners whose main source of income was from the business. The added language would ensure the policy was consistent for all programs.

Commissioner Strickland

made a motion to amend as stated; seconded by

Commissioner Blundo

; 5 yeas. CLERK 33. For Possible Action Discussion and deliberation to appoint one member to the Northern Nye County Hospital District due to one resignation from the following list of applicants: Nancy L. Maslach.

Commissioner Wichman

made a motion to appoint Nancy Maslach; seconded by

Commissioner Blundo

; 5 yeas. FINANCE 38. For Possible Action Discussion and deliberation regarding the budget status through June 2020 for Nye County and all sub-entities for Fiscal Year 2020. Savannah Rucker reviewed the budget to actual revenue expenditure report for the County general fund, all general fund departments, and all funds governed by the Board. No department was projected to be over budget. AP closed for expenditures, but there were a couple of journal entries pending, including a $600,000.00 posting. Overall revenues came in better than anticipated as a result of COVID. Net proceeds were a little short, as was intergovernmental. Licenses and permits came in at 32.6% because the towns were given back the licensing revenues collected on their behalf from the inception of marijuana licensing through the current fiscal year. Mrs. Rucker said FY21 was still an unknown.

Commissioner Wichman

mentioned removing the Smoky Valley TV District from the reports as it had been gone for years. September 15, 2020 39. For Possible Action Discussion and deliberation regarding the budget status for July and August 2020 for Nye County and all sub-entities for Fiscal Year 2021. Savannah Rucker said in the back-up was the closed July report. August was also in the back-up, but it was not closed. July closed with $818,444.00, outperforming July in FY20 which she attributed to improved efficiency in the Treasurer’s Office. The projection for fiscal year end was a little above based on real property taxes coming in higher than anticipated for the month. The CTAX payment for July would not be received until October so her report on October 5, 2020, would probably be back-up

Mrs. Rucker

generated the day before to be able to tell the Board and the public where July sales came in and how CTAX looked. 40. 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. This item was addressed during items 38 and 39. HUMAN RESOURCES 41. For Possible Action Discussion and deliberation to adopt the Emergency Family and Medical Leave Policy.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Strickland. In response to Commissioner Blundo, Tim Sutton explained this was to incorporate changes brought about in the law due to COVID. Michelle Nelson added that in section 1 it identified it as the expanded medical and family leave under the Families First Coronavirus Response Act. Ammie Nelson gave kudos to Savannah Rucker and the crew for the great job they had been doing.

Commissioner Wichman

made a motion to waive the application fee and the noticing fee; seconded by Commissioner Blundo; 5 yeas. BOARD OF COMMISSIONERS 32. For Possible Action Discussion and deliberation to: 1) Conduct the annual Evaluation of the County Manager; 2) Determine whether the County Manager’s performance has been satisfactory resulting in a 5.25% step increase pursuant to the County Manager Employment Agreement; and 3) Establish goals for the coming year. If he received a satisfactory evaluation, Tim Sutton asked the Board to defer the 5.25% step increase until either the Commissioners received a raise or the elected officials received a raise as he thought it was unfair the Commissioners could not get their annual increase. Also, as Savannah Rucker mentioned, the County was still not in the clear with COVID and Mr. Sutton thought requesting a raise was inappropriate at this time. Another reason was the increase could possibly trigger the me-too clause. Mr. Sutton said in the back-up were evaluations received from Commissioners, his self- evaluation, and department head evaluations.

Commissioner Wichman

commented on Mr. Sutton’s professionalism and how proud she was when she received comments from other people in the State about how good the County Manager was. She thanked Mr. Sutton for the job he was doing.

Commissioner Blundo

felt the areas needing improvement were Mr. Sutton’s ability to be apolitical and bring agenda items to the Board for decisions as the Board set policy. He said he did not agree with department heads making comments as the Commissioners voted on this. Also, when the Board went in a certain direction and afterwards there was a requested letter or information to clarify, the intent of the vote needed to be taken into consideration and not Mr. Sutton’s legal background.

Commissioner Blundo

thought overall Mr. Sutton made a strong effort to represent the five Commissioners. September 15, 2020 32. For Possible Action Discussion and deliberation to: 1) Conduct the annual Evaluation of the County Manager; 2) Determine whether the County Manager’s performance has been satisfactory resulting in a 5.25% step increase pursuant to the County Manager Employment Agreement; and 3) Establish goals for the coming year-Cont’d.

Commissioner Strickland

said she would like to see a branding of Pahrump, but she was extremely happy with Mr. Sutton’s performance.

Commissioner Koenig

mentioned Mr. Sutton’s involvement with Storm Area 51 as well as COVID-19 and thanked Mr. Sutton for helping him through it all. Commissioner-Elect Frank Carbone said he had already spoken with Mr. Sutton and he was aware of where Mr. Carbone wanted to go. Mr. Carbone said he would discuss goals when he was a seated Commissioner. Commissioner-Elect Dick Gardner said he did not have any goals, but he had known

Mr. Sutton

for about ten years. When Mr. Gardner was sitting with the Board of Equalization Mr. Sutton was a huge help. Mr. Gardner thought Mr. Sutton did a great job and could not ask for a better person to do the job. Ammie Nelson pointed out Mr. Sutton never missed a CASA hearing and always fought for the families and children in the community. She knew he cared about the County also. She had complete faith in him as a County Manager and appreciated the work he had done.

Sheriff Wehrly

stated she respected Mr. Sutton and thought he had done a good job. He also made a good partner even with disagreements. Assessor Sheree Stringer thought Mr. Sutton was a stand-up guy for not accepting the increase and she thanked him for doing that. William Zimmerman felt the County Manager’s office had demonstrated a concerning overreach of authority at times. The NRS was very specific that the County Manager shall perform such administrative functions of County government as may be required by the Board. The Commissioners passed policies and it was the duty of the County Manager to enact them, not contradict, undermine or interfere. Robert Thomas said he was familiar with the operation of a county administrative officer and he did not believe from a management standpoint the County had been well run. He was very concerned the current County Manager had his own agenda and opposed the Board. Rather than have a step increase Mr. Thomas felt Mr. Sutton should have a decrease or be terminated because he was not carrying out the agenda of the Board. September 15, 2020 32. For Possible Action Discussion and deliberation to: 1) Conduct the annual Evaluation of the County Manager; 2) Determine whether the County Manager’s performance has been satisfactory resulting in a 5.25% step increase pursuant to the County Manager Employment Agreement; and 3) Establish goals for the coming year-Cont’d.

Commissioner Wichman

made a motion that the County Manager’s annual evaluation was found to be satisfactory or better with the County Manager sidestepping the increase and having a list of goals; seconded by Commissioner Strickland.

Commissioner Blundo

did not think that was clear with what was going on with the step increase. Chris Arabia thought this might need to be brought back because in a sense the way the item was worded he could not be found satisfactory unless the step increase happened, which he thought was contrary to what Mr. Sutton wanted to do.

Commissioner Wichman

amended her motion to determine that the County Manager’s performance had been satisfactory or better which resulted in a step increase. As far as the percentage of funds received from the step increase, he could handle that with a jar, and she believed he had a list of the goals; seconded by Commissioner Strickland.

Commissioner Koenig

thought once the performance was satisfactory he automatically got the step increase unless the Board voted in a separate agenda item to not make that happen.

Mr. Arabia

said the Commissioners did the evaluation, established goals, and determined the performance was satisfactory or better. He did know if anything else needed to be done or if a motion was needed.

Commissioner Blundo

suggested a motion to honor his request not to get the increase until the elected officials got their raises as well.

Mr. Arabia

felt anything that deviated slightly from the agenda item could be an Open Meeting Law issue.

Commissioner Wichman

withdrew her motion.

Commissioner Strickland

withdrew her second.

Mr. Sutton

stated his goal was always to implement what the Board had decided. While it sounded easy, sometimes it was not. He thought in 100% of the cases he got it right, but he could see a couple of instances where discussions were had. He did not think the Commissioners were stupid, but the motions got messy so items had to be brought back to clarify what was meant. As an example, he mentioned the struggle to make a motion on this item. Mr. Sutton reasserted his commitment to the Board. September 15, 2020

Sheriff Wehrly

said President Trump was briefly scheduled to come out. She was called one evening and asked if it was a possibility. She said yes and by 10:00 a.m. the next day there was a plan in place to support his visit. They were just waiting to receive the final okay from the Secret Service, which did not come. Sheriff Wehrly wanted to let people know they could scramble and get a plan together to support the President or anything else in pretty short time.

Commissioner Cox

asked Tim Sutton if there was an update on the enter sign for the Bob Ruud Center.

Mr. Sutton

explained the sign she wanted was a little more modest than the one they were trying to get through COVID money. There were two electric signs they were finalizing for both the Eye and the Ruud Center.

Commissioner Blundo

said he would write a letter to the President and Bill Ahern. He would also like the County Manager’s contract brought back for changes. Lastly, he said he had requested VEA to come before the Board to discuss issues.

Commissioner Cox

asked for an update on the all in one building and if they were still working on it.

Commissioner Koenig

said yes. The roof was done and they were getting ready to put the floor in. September 15, 2020

Commissioner Koenig

adjourned the meeting. APPROVED this I day ATTEST: Of , 2020. Ny CoL1ty Clerk I Deputy