October 6, 2020

Commissioner Cox

was present via telephone.

Commissioner Strickland

stated she was a licensed general contractor, well driller, pump setting and septic system installer, a real estate broker brokering in water rights, and the owner of a storage facility. She did not see any conflicts of interest on the agenda.

Commissioner Cox

mentioned the lawsuit filed against the governor of Michigan because of her mandates. The Supreme Court ruled against her stating what she was doing was unconstitutional and she could only do it for 30 days. Commissioner Cox said the law in this State read the same and anything after 30 days had to be approved.

Commissioner Blundo

commented on how the only industry in the County left affected was the brothel industry.

Commissioner Strickland

said the advisory boards were not being active due to the Bob Ruud Center and the Chief Tecopa Cemetery being shut down for repairs.

Commissioner Strickland

said work continued on establishing a shooting range.

Commissioner Blundo

advised he would bring forward an item regarding the lawsuit to start working on reopening the State and as well as an item against the mineral taxes.

Commissioner Koenig

said brothels would be discussed Thursday at the meeting with the Governor’s task force. Planning Director Brett Waggoner said Code Compliance had been running into issues with folks living on properties without permission. While it was easy to tell people what was wrong with it, he felt it would be nice to be able to provide information regarding resources available. A comment was made a few meetings ago about a rapid re housing program and he could not remember who made it. Mr. Waggoner thought maybe the person was listening and could provide that information to him again. Samantha Tackett reminded the public about the Nye County Veterans’ Banner Program. The application period was from October 1, 2020 to December 31, 2020. Applications were available at the Tonopah and Pahrump Administration Offices as well as the Veterans’ Services Office and on-line. Sam Merlino announced the official ballots would be mailed today so everyone should be expecting them in the next few days.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Strickland; 5 yeas. October 6, 2020 TIMED ITEMS

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners.

Commissioner Cox

mentioned the potholes in the area between Homestead and Pahrump Valley BouTevard as well as Dandelion and Gamebird.

Commissioner Wichman

asked Mr. DahI if he arrived at any resolution on the Railroad Valley blading.

Mr. DahI

explained there was a change in the schedule for northern Nye. People from outside areas were being brought in to maximize time with the durapatcher. He said if any of the roads saw an additional amount of traffic or developed bad spots that needed attention to just let him know and he would send someone out.

Commissioner Koenig

asked when Blagg by the middle school would be done.

Mr. DahI

said that would more than likely be part of the Blagg pavement preservation project already planned and would be done as soon as he finished with the higher priority projects he had going on. He also needed to ask the School Board if they could help with some of the asphalt.

Commissioner Cox

asked for an update on Wilson as she noticed the counters.

Mr. DahI

explained the counters were there to see what kind of traffic counts existed today compared to the CIP streets and highways plan from 2005 when the original CIP list was created. He was trying to ensure roads on the CIP were listed in priority. Regarding the crosswalk on Postal, Ammie Nelson asked if the County was paying for that on the State highway or would the State pitch in. She also wondered who would be responsible for future repairs and maintenance.

Mr. DahI

said the sidewalk was being done by NDOT and was a project resulting from requests previous Boards had made. The County was required to maintain with the exception of striping or buttons. John Bosta asked Mr. DahI to identify the roads in Amargosa Valley on which trees would be cut and gravel laid.

Mr. DahI

said those were Lewis, Vassar and Brushwood as well as a road that did not have a name just to the west of Martel Market and another unnamed road to the west of October 6, 2020 12. 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. that which went out to Amargosa Farm Road that the County did not know it had to maintain. There was no plan to chip seal those roads right now. Brian Wulfenstein commended Mr. Dahi and his staff.

Commissioner Koenig

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

Commissioner Blundo

made a motion to award Bid No. 2020-04 to Patriot Contractors LLC in the amount of $395,968.63, execute the contract and fund from 10340, Grants; seconded by Commissioner Strickland.

Commissioner Cox

said she understood Patriot Contractors was the cheaper of the two, but they were out of North Las Vegas and the difference was only about $62,000.00. She thought it would benefit the County to take that fact into consideration and award to Wulfenstein to keep the work and money local.

Commissioner Koenig

quoted the NRS requiring 5% so unfortunately they could not be awarded the bid.

Commissioner Cox

pointed out it also stated the Board did not have to take the lowest bid and could take the responsive bid. Purchasing/Contracts Administrator Danielle McKee explained NRS did require that the best bid out of responsive and responsible bidders be chosen, however, it could not be greater than 5% of the lowest bid.

Commissioner Cox

said she was worried about change orders in the future.

Mrs. McKee

said the scope of work was detailed from the engineering firm so the only opportunity for a change order would be for something the County asked for over and October 6, 2020 13. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received; 2) Award Bid 2020-04 Pahrump Fairgrounds Detention Basin to one of the following: Patriot Contractors, LLC in the amount of $333,421.00, Wulfenstein Construction in the amount of $395,968.63 or Aggregate Industries in the amount of $689,000.00; 3) Execute the contract; and 4) Fund from 10340 Grants; or 5) Reject bids; and 6) Provide direction to staff on how to proceed with the project-Cont’d above the scope of work in the bid documents. Change orders were not done for something the contractor did not include in their bid.

Commissioner Cox

said she would like language regarding not coming back for change orders included in the motion. Robert Adams said he agreed wholeheartedly with Commissioner Cox on this except on adding the provision for the motion because that could actually bring a job to a stop. He talked about a job Patriot Contractors did for the town board. There was sloping on the northwest end which was too steep and was not hardened so that entire section would have washed away if it was not caught in time and repaired. Mr. Adams also recalled the Pahrump Town Board passing an ordinance in favor of local bidders. He felt this should go to the local bidder and that Wulfenstein was right in line with their bid. Ammie Nelson suggested bringing this back and giving Wulfenstein an opportunity to revise their bid. She agreed with keeping jobs and tax revenue in the County.

Commissioner Strickland

noted there was $78,000.00 from the grant left on the table and asked how that would affect the County. Grants Administrator Samantha Kramer advised any grant dollars unspent would go back to the grantor. Pat Minshall said Amargosa went out of the way to keep work in Amargosa. She suggested the Board reject this and have them come back with another bid. Brian Wulfenstein said he appreciated the kind words from everyone. Their intention was always to be the competitive local contractor in town, but there were rules within the contract and those bids that had to be followed. He said they had undergone some management changes in the last week as they were not happy with the direction the company was going. He believed Patriot was giving the County a fair price.

Commissioner Cox

voted nay. October 6, 2020 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made.

Commissioner Blundo

made a motion to approve items 15-21; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

made a motion to approve items 15-21; seconded by

Commissioner Strickland

; 5 yeas. October 6, 2020

Commissioner Blundo

made a motion to approve items 15-21; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

wanted to ensure the Sheriff’s Auxiliary also had access to the vests.

Commissioner Blundo

made a motion to approve items 15-21; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

made a motion to approve items 15-21; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

made a motion to approve items 15-21; seconded by

Commissioner Strickland

; 5 yeas. October 6, 2020

Commissioner Blundo

made a motion to approve items 15-21; seconded by

Commissioner Strickland

; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Blundo

made a motion to appoint Commissioner Lorinda Wichman; seconded by Commissioner Strickland; 4 yeas. Commissioner Wichman abstained.

Commissioner Blundo

commented on how short the resolution was and the lack of Whereas clauses.

Commissioner Cox

explained it was forwarded by a citizen and she thought it was fine just the way it was so she did not argue with her about it.

Commissioner Wichman

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

Commissioner Koenig

asked about coverage if this passed considering two public defenders would be in court for at least three weeks this month. Lorina Dellinger said she would advertise beginning today, but she had to wait to see if the 90-day period would be waived. She would also reach out to the applicants that were not selected for the FY21 public defender contracts as there may be interest there. If an item could be put on the October 20, 2020, agenda the transition could happen.

Mrs. Dellinger

pointed out the judges would have discretion on the cases Mr. Percival had and may still need to be involved in. Chris Arabia added that Mr. Percival was joining the District Attorney’s Office. Due to that and the position he was in now it was imperative this was done as quickly as possible to avoid logistical problems.

Commissioner Blundo

made a motion to approve a modification to section 8 Termination of the contract for Public Defender Services between Nye County and Brent D. Percival, Esq. P.C. by reducing 90 calendar days to 30 calendar days for October 6, 2020 30. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or deny a modification to Section 8 Termination of the contract for Public Defender Services between Nye County and Brent D. Percival, Esg. P.C. by reducing 90 calendar days to 30 calendar days for revocation after notice to be effective; 2) Reimburse the County for any funds received to which the attorney is not entitled due to the termination; and 3) Execute the First Amendment to the contract-Cont’d. revocation after notice to be effective; 2) reimburse the County for any funds received to which the attorney is not entitled due to the termination; and 3) execute the first amendment to the contract; seconded by Commissioner Wichman; 5 yeas. CLERK

Commissioner Cox

made a motion to appoint Bill Stremmel; seconded by

Commissioner Koenig

expressed his concern about the statement on Mr. Stremmel’s application that the short-term nature of this was appealing as he planned on spending time in Panama for health reasons and Mr. Stremmel suggested deferring to other applicants. Commissioner Koenig said he would take that into consideration when he voted.

Commissioner Wichman

pointed out Dan Schinhofen had sat on the RTC before and was very beneficial.

Commissioner Wichman

made a motion to appoint Dan Schinhofen; seconded by

Commissioner Blundo

; 4 yeas. Commissioner Cox voted nay.

Commissioner Wichman

made a motion to appoint Richard Dunsterville; seconded by

Commissioner Blundo

; 5 yeas. October 6, 2020 DISTRICT ATTORNEY

Commissioner Strickland

made a motion to set the date and time as November 16, 2020, at 10:00 a.m.; seconded by Commissioner Blundo; 5 yeas.

Commissioner Strickland

read the title of the bill into the record.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. PLANNING

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland. October 6, 2020 46. For Possible Action: 46a. For Possible Action — Discussion and deliberation on RM-2020-000086- Co nt’ d. 46b. For Possible Action — Discussion and deliberation on RM-2020-000087- Cont’d. Pejman Bady explained they were just putting everything under one roof.

Commissioner Koenig

opened and closed the public hearing. Jay Dixon explained the owner needed to continue using the existing lithium exploration well for exploration and testing purposes, but under the new Nevada Division of Mining regulations he would have to plug it. The only way to keep the well open to accommodate those operations was to move the water right to it. Mr. Dixon explained he made arrangements with Kinross Gold to file a temporary transfer to this well for the use of three PLOs project. The temporary water right would remain in the name of Berma Gold and would be good for up to a year. Once it expired it would revert back to the base right owned by Berma Gold.

Commissioner Wichman

discussed NRS 533(4) which stated the Board shall provide public notice of the meeting for three consecutive weeks in a newspaper of general circulation of the County. At the conclusion the Board may recommend a course of action to the State Engineer, which was not binding. She pointed out there was a cost to the County to comply with that NRS as well as an expectation by people that the Board members may possibly be heard by the State Engineer. Commissioner Wichman’s perspective on this was why was the State Engineer spending County time and money for these hearings when they would make the decision anyway. She felt this was an opportunity for a future BDR to get some clarification on whether a public hearing was truly necessary. October 6, 2020 COUNTY MANAGER 35. For Possible Action Discussion and deliberation to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2020-16: A Bill Proposing to Amend Nye County Code Title 2 Titled Administration and Personnel, Chapter 2.84 Titled Nye County Peace Officer Advisory Review Board, Setting Forth Its Powers And Duties; providing for the severability, constitutionality and effective date hereof, 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 the public hearing on Nye County Bill No. 2020-16 for November 16, 2020, at 10:00 a.m.; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

read the title of the bill into the record. FINANCE 36. For Possible Action Discussion and deliberation regarding: 1) The adoption of Nye County Ordinance No. 557: Authorizing the issuance of the “Nye County, Nevada, General Obligation (Limited Tax) Consolidated Tax Refunding Bond (Additionally Secured by Pledged Revenues), Series 2020B (Taxable)” In the combined maximum principal amount of $18,825,000, to refund certain outstanding bonds; providing the form, terms, and conditions of the bonds and other details in connection therewith; and adopting it as if an emergency now exists. The outstanding bonds were secured to finance building the Nye County Jail; and 2) Presentation of the Request for Proposal (RFP) for the refinance. This item was removed from the agenda. 37. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2020-31: A Resolution Adopting the Nye County Comprehensive Financial Management Policy. Savannah Rucker explained in the past Nye County had financial procedures, not official policies, which had created issues with the audit and resulted in certain audit findings. This document was a comprehensive financial management policy dealing with all of the issues experienced with audit findings over the last couple of years, general finance accounting, reporting for revenues and expenditures, electronic payments, petty cash, etc. The goal was to be able to provide one document that would help all departments understand how finances worked and have a document to rely on for moving forward with any matters driven by the policy.

Commissioner Wichman

made a motion to adopt the Financial Management Policy; seconded by Commissioner Blundo; 5 yeas. October 6, 2020 38. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received; 2) Award Bid 2020-04 Animal Shelter Construction to one of the following: Top Rank Builders in the amount of $3,506,947.00, B & H Construction, LLC. in the amount of $3,974,421.00, NDL Group, Inc. in the amount of $4,55371 9.70 or Facility Builders and Erectors in the amount of $7,861,870.00 contingent upon securing financing; 3) Execute the contract; and 4) Fund from 10401 Capital Fund; or 5) Reject bids; and 6) Provide direction to staff on how to proceed with the project. Purchasing and Contracts Manager Danielle McKee explained this was a design/build contract and the 5% requirement was not subject to this bid document. She reviewed the scoring sheet and explained how each bidder was scored.

Commissioner Strickland

disclosed she worked as a subcontractor for some of the contractors, but she did not feel it influenced her in any way. In response to Commissioner Blundo Ms. McKee gave her thoughts on the disparity in the bids.

Commissioner Strickland

pointed out that one condition of bidding was the provision of a bidder’s bond and she was not sure how a bidder without a bond provided could be included.

Ms. McKee

advised they submitted a letter with their proposal that was from the underwriting group that said they were fully underwritten and final approval could only be given by the surety company. She reached out to Morales Construction to ask for a copy of the approval from the surety company. On September 14, 2020, she received a letter from the surety company stating that they had experience with this bidder but before they were able to make a final decision they needed to see the other proposals and the contract with Morales. Mrs. McKee said that was not a bidder’s bond and an actual bidder’s bond was never received. Ms. McKee then continued her discussion of the disparity of the bonds and advised she did not receive any conflict of interest disclosure statements.

Commissioner Koenig

advised there was additional back-up.

Commissioner Blundo

made a motion to accept additional back-up; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Koenig

pointed out the bid went out for a conceptual design. Rene Morales from Top Rank Builders said he submitted a letter from the bonding company. He did not think the scoring was fair. This was the first time he submitted a bid for a project that was scored by five members and he asked if that procedure was adopted by the Board of County Commissioners. October 6, 2020 38. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received; 2) Award Bid 2020-04 Animal Shelter Construction to one of the following: Top Rank Builders in the amount of $3,506,947.00, B & H Construction, LLC. in the amount of $3,974,421.00, NDL Group, Inc. in the amount of $4,553,719.70 or Facility Builders and Erectors in the amount of $7,861,870.00 contingent upon securing financing; 3) Execute the contract; and 4) Fund from 10401 Capital Fund; or 5) Reject bids; and 6) Provide direction to staff on how to proceed with the project-Cont’d.

Mrs. McKee

explained that was an NRS requirement for design/build contracts. Ray Hoffman, president of B & H Construction, said the additional back-up was in response to several e-mails sent to the Purchasing Department by the other contractor. They made some accusations that B & H did not bid this project per the plans and specifications. Mr. Hoffman stated they bid the exact dimensions and square footage in the conceptual drawings. One question was the roofline and how they proposed to cover the dog kennel/run area. Mr. Hoffman stated they could cover the kennel/run area completely if desired and had no issue meeting the County’s requirements. David Perez, senior project manager with NDL Group, Inc., said their bid proposal stated a design/build project from start to finish. The design concept was per Nye County’s bid documentation to bid the building as conceptually drawn and provided. He said they were not allowed the opportunity to value engineer the building or come back and redo their bid. Mr. Perez said he had been in government contracting for about 17 years and it had always been the same. If the bid was not presented properly the first time it was automatically disqualified. It was unfortunate Mr. Morales did not get a bid bond, but B & H was allowed to resubmit their bid which was illegal.

Mrs. McKee

stated there was no revision to the bid and there was a letter in the bid package from Mr. Morales that stated the bid bond capacity had gone through underwriting.

Mr. Perez

argued B & H came back because initially they did not bid the roof over the dog area or the roll up door.

Mrs. McKee

said that was not accurate. B & H did not revise their bid at all. In the letter they said they would include it for the same cost.

Mr. Perez

felt that was coming back after the fact. He said they provided exactly what was asked for, not less than and then come back and say it was included. Every other county would have disqualified their bid immediately as their bid was wrong when it was opened.

Commissioner Wichman

asked Mrs. McKee if B & H called and asked questions before they submitted the bid document. October 6, 2020 38. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received; 2) Award Bid 2020-04 Animal Shelter Construction to one of the following: Top Rank Builders in the amount of $3,506,947.00, B & H Construction, LLC. in the amount of $3,974,421.00, NDL Group, Inc. in the amount of $4,553,719.70 or Facility Builders and Erectors in the amount of $7,861,870.00 contingent upon securing financing; 3) Execute the contract; and 4) Fund from 10401 Capital Fund; or 5) Reject bids; and 6) Provide direction to staff on how to proceed with the project-Cont’d.

Mrs. McKee

advised she received several questions, which were all put into one document and sent to all bidders who submitted a confirmation of interest form.

Commissioner Wichman

commented that if Mr. Perez had a question about doing something conceptually different he could have asked. Frank Carbone expressed his appreciation for this being on the agenda. Pat Minshall did not understand how Top Rank Builders was included in this item when they did not provide everything they needed to provide. Dave Stevens felt the town needed a good building inspector.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners.

Commissioner Koenig

made a motion to award Bid No. 2020-04 to B & H Construction, LLC, in the amount of $3,974,421 .00 contingent upon securing financing, execute the contract and fund from 10401, Capital Fund; seconded by Commissioner Wichman; 5 yeas.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. Sam Merlino was not present. 39. For Possible Action Discussion and deliberation concerning a request to set a date, time, and location for a Public Hearing to adopt, amend and adopt or reject Nye County Resolution No. 2020-32: A Resolution Authorizing A Medium-Term Obligation for the Purposes of Constructing an Animal Shelter.

Commissioner Blundo

made a motion to schedule the public hearing on October 20, 2020, at 10:00 a.m. to consider Resolution No. 2020-32; seconded by Commissioner Strickland; 5 yeas. October 6, 2020 40. For Possible Action Discussion and deliberation to augment the Nye County Pahrump Justice Court FY21 budget from Nye County General Fund Contingency for two new positions totaling $98,304.24.

Commissioner Blundo

made a motion to augment the Nye County Pahrump Justice Court FY21 budget from Nye County General Fund Contingency for two new positions totaling $98,304.24; seconded by Commissioner Strickland; 5 yeas. 41. Presentation, discussion and possible amendment of the Nye County CARES Act Policy.

Commissioner Blundo

disclosed he held a Nye County privilege liquor license and a Town of Pahrump business license. He had also applied for some of the relief under this policy.

Commissioner Strickland

disclosed she was a businesswoman who owned businesses and she was not participating in this program. Grants Administrator Samantha Kramer said at the last meeting brothels were spoken about and NACO had confirmed with the Governor’s Office that they could apply for funding as there were no federal prohibitions on legal prostitution. Since the working capital program had been extended through October 29, 2020, Ms. Kramer encouraged the brothels to apply. She then reviewed the funding expenditure breakdown as of September 24, 2020. Ms. Kramer said she was requesting a couple of changes to the policy. She wanted to add non-profits to the small business program. The change would read that per this policy a small business was an organization, a non-profit, or company with 19 or less employees as of March 15, 2020. The second change was under the small rental assistance program to add verbiage that the County would review business financials and request additional back-up if needed. She explained in the event the programs were audited she wanted to have information at hand as it was harder to request something from a business when it was a year later. That change would be added to all areas of the policy where the business financials were reviewed. She then asked for one additional change to the policy under the food assistance program which was not included in the back-up because they were made aware of the need for the change after the back-up was submitted. It would read food and behavioral health assistance to the public. This program would be administered by non-profits to provide help to the public to provide mental and behavioral health needs caused by COVID. Ms. Kramer said she would have that change in the policy at the next meeting, but she hoped action could be taken today to get the program up and running for non profits who would like to apply.

Commissioner Strickland

made a motion to approve the amendments as read by staff; seconded by Commissioner Wichman; 5 yeas. October 6, 2020 41. Presentation, discussion and possible amendment of the Nye County CARES Act Policy-Cont’d.

Commissioner Blundo

said he noticed not a lot of people were applying. If there were not more applications by the next October meeting he would like to open it up to bigger businesses. 42. 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. Before starting her report Savannah Rucker talked about a couple of things happening with the economy as related to COVID. Today she read the President shot down the stimulus bill being moved through the House and she was not sure if there would be a decision before the election, meaning there could be issues with future federal unemployment. Also, just this week airlines would furlough more 32,000 workers and Regal Cinemas was closing 542 United States theaters this week as well. While the numbers looked good for the beginning of FY21, Mrs. Rucker did not want to get too excited about it and thought the County needed to be conservative. Mrs. Rucker then discussed the report in the back-up noting taxes and consolidated taxes were in excess of what was expected for the first few months of the year. As to expenditures, all departments by function were projected to be under budget. Her current projection for revenues was $42,716,515.00 and for expenditures was $42,795,158.00, meaning less revenues than expenditures as of this report of $78,642.00, which was better than what was budgeted. Lastly, she reviewed the CTAX summary which showed the July sales were 9% higher than anticipated. INFORMATION TECHNOLOGY 43. For Possible Action Discussion and deliberation regarding: 1) A request by the Nye County 9-1-1 Advisory Committee for the Nye County Commission to send a letter to the Esmeralda County Commission for the purpose of requesting Esmeralda County to adopt an ordinance imposing a surcharge for the enhancement of the telephone system for reporting an emergency in the County pursuant to NRS 244A.7643 and NRS 244A.7645, and requesting the Esmeralda Commission to consider reimbursing the Nye County 911 fund for the cost associated with receiving 911 wireless emergency calls on behalf of Esmeralda County.

Commissioner Blundo

made a motion to approve sending the letter to Esmeralda; seconded by Commissioner Strickland.

Commissioner Strickland

wondered why this request was being made and if it was costing the County a bunch of money. IT Director Brad Adams explained it added to the cumulative cost of running the dispatch center. That cost was borne not only by facilities but also the dispatch staff October 6, 2020 and 43. For Possible Action Discussion and deliberation regarding: 1) A request by the Nye County 9-1-1 Advisory Committee for the Nye County Commission to send a letter to the Esmeralda County Commission for the purpose of requesting Esmeralda County to adopt an ordinance imposing a surcharge for the enhancement of the telephone system for reporting an emergency in the County pursuant to NRS 244A.7643 and NRS 244A.7645, and requesting the Esmeralda Commission to consider reimbursing the Nye County 911 fund for the cost associated with receiving 911 wireless emergency calls on behalf of Esmeralda County-Cont’d. the entirety of the 911 system and what it took to run that. He thought the implementation of the surcharge would benefit Esmeralda in the long run and would mutually benefit Nye County as well due to the relief of the calls coming in. Chris Arabia asked if there was any way of breaking down the cost incurred by Nye to see if it had to do with the apartment complex that straddled the border in Tonopah.

Mr. Adams

thought that would be pretty challenging to break down. It might be something dispatch could break down from the reporting, but the numbers in the back up were from the CAD summary reports sifted through by dispatch staff which might be able to be filtered down more.

Commissioner Wichman

asked the Board to not do this considering the long-standing sister relationship Nye had with Esmeralda as well as the lack of a tax base in Es me ra Ida. Considering Commissioner Wichman’s comments and the relationship he asked

Commissioner Strickland

if she would withdraw her second.

Commissioner Strickland

said she would consider withdrawing if Mr. Adams could come up with more data showing what would be expected for support.

Mr. Adams

said he could check with dispatch and Captain Boruchowitz to see if they could come up with more solid numbers on the actual responses. Captain Boruchowitz advised Nye County received 2,000 911 calls in the last nine years that should have been handled by the Esmeralda dispatch center. He pointed out this was not asking Esmeralda County to fork over their own cash. This was a fee the cell phone companies collected and were to give to the County that it appeared Esmeralda County was simply not collecting, although he had not been able to verify that. There was discussion about how much the surcharge was and what the Esmeralda calls would have equated to. Tim Sutton explained Nye County had been collecting the surcharge for quite some time. It was originally $0.25 per line. The legislature increased it to $1 .00 and the County did the same. Since it was not clear if Nye County October 6, 2020 43. For Possible Action Discussion and deliberation regarding: 1) A request by the Nye County 9-1-1 Advisory Committee for the Nye County Commission to send a letter to the Esmeralda County Commission for the purpose of requesting Esmeralda County to adopt an ordinance imposing a surcharge for the enhancement of the telephone system for reporting an emergency in the County pursuant to NRS 244A.7643 and NRS 244A.7645, and requesting the Esmeralda Commission to consider reimbursing the Nye County 911 fund for the cost associated with receiving 911 wireless emergency calls on behalf of Esmeralda County-Cont’d. was getting it a company was being contracted with to audit those services. Talks had been had about wrapping Esmeralda into that study to see if they were collecting the surcharge on their end.

Commissioner Koenig

suggested doing that and bringing this back. If they were not collecting money he did not want to go after them, but if they were not collecting money because they did not have a resolution then they should be talked into having one to collect and pay Nye back. He said he did not have enough data right now to decide.

Commissioner Strickland

withdrew her second.

Commissioner Blundo

withdrew his motion. Pat Minshall from the Amargosa Town Board spoke about an issue in their town. Amargosa had a very active medical center that Beatty was taking advantage of. The town thought of asking them to pay a charge and then realized that Amargosa had to depend on Beatty for an ambulance service and mutual aid so they dropped it. 44. For Possible Action Discussion and deliberation to: 1) Enter into a contract with Verizon Wireless for the purpose of Wireless, Data, Voice and Accessories, joining into the NASPO ValuePoint agreement MA152-1. NRS 332.195 authorizes Nye County to join or use the contracts of local government agencies with the authorization of the contractor; 2) Execute the agreement through DocuSign; and 3) Fund each service as outlined in agreement MA152-1 from the department that has requested the device or service.

Commissioner Blundo

made a motion to enter into the contract, execute it and fund each service as outlined in the agreement; seconded by Commissioner Strickland; 5 yeas. October 6, 2020 PLANNING 45. For Possible Action Discussion and deliberation regarding the status of the abatement of the public nuisance located at 5 Warrior Road, Tonopah, NV, Assessor’s Parcel Number 008-291-07, Property Owner Hubert C. Newberry. Planning Director Brett Waggoner said from the pictures of the property in the back-up it appeared that some of the items from the original complaint had been somewhat taken care of. He did not feel the refrigerators were secured very well and that it would not be difficult to walk around the gate. It was his opinion that the property was still not secure at this point.

Commissioner Wichman

felt this was more of a private nuisance to the neighbor, not a public nuisance which threatened the health, safety and welfare of the public. From the pictures it looked to her that the conditions put on the nuisance were met.

Mr. Waggoner

pointed out there was a Property Maintenance Code adopted Countywide and this could be addressed under that code.

Commissioner Wichman

made a motion that the determination of a nuisance was considered abated; seconded by Commissioner Blundo; 5 yeas. PUBLIC WORKS

Commissioner Blundo

made a motion to accept the restrictive covenant; seconded by

Commissioner Strickland

; 5 yeas.

Commissioner Blundo

made a motion to accept the restrictive covenant; seconded by

Commissioner Strickland

; 5 yeas. _____ October 6, 2020

Commissioner Blundo

made a motion to accept the offer of dedication; seconded by

Commissioner Strickland

. MarIa Ziotek asked that the motion include they be designated as general County roads.

Commissioner Blundo

restated his motion to accept the offers of dedication and designate them as general County roads for the purpose of accepting maintenance; seconded by Commissioner Strickland; 5 yeas.

Commissioner Blundo

confirmed with Samantha Kramer that CARES Act applications would be approved after today. He then discussed his idea of sending postcards and/or e-mails to the businesses to make sure they were aware of the programs.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of______________________ 2020. j4(( &fl7a hair Nyd Coty Clerk / Deputy