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Public meetings / Board of County Commissioners

December 1, 2020

104 turns, 104 with a named speaker, under 16 agenda items. The words and the names are the county clerk's.

Attendance

Commissioner Cox

was present via telephone. A moment of silence was held for Dave Stevens.

2. Ex-Parte Communications and Conflict of Interest Disclosure Statements

Commissioner Strickland

stated she was a well and septic general contractor as well as a real estate broker brokering in water rights. She did not find any specific items of conflict on the agenda.

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

Commissioner Cox

reminded everyone this was the normal flu season that occurred every year and she did not want anyone to panic because they thought they had COVID and were going to die. As to the vaccine, she felt there was good and bad to it and it was a personal decision.

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

Commissioner Koenig

advised Mr. Goldstein he could not make slanderous statements. December 1, 2020 6. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item. (FIRST)-Cont’d.

Mr. Goldstein

stated it was not slanderous. It was public knowledge. Chris Arabia explained the distinction was if someone stated something that was an objective fact, like the gentleman went to the store, that was one thing. However, when the word embarrassment was used that went into the territory where a subjective judgment was being made which amounted to an attack. If Mr. Goldstein stuck to the facts then it should be fine.

Commissioner Koenig

cautioned everyone to tone it down and to not hold up signs, wave flags, or applaud.

Mr. Goldstein

stated he would like Commissioner Blundo to resign so the Governor could appoint someone to fill the position. He then asked Mr. Arabia why Commissioner Blundo did not serve any jail time like anyone else would have. That sounded like favoritism to him.

Mr. Arabia

said generally when someone was arrested they could bail out right away if they had the resources available. He advised the matter was referred to the Attorney General. Herman Lewis said he went to the DMV to stand in line at 6:00 a.m. When the doors opened at 8:00 a.m. someone from DMV said they were only taking 15 people a day because they only had three employees and everyone else had to leave. Mr. Lewis thought that was outrageous and the Commissioners needed to reach out to the DMV as well as Governor Sisolak and figure out what was going on. Commissioner-Elect Frank Carbone said there were people who did not have a method to get to a place to get tested or get the vaccine and he thought a plan was needed to address that. Regarding the CARES Act, he wondered if today’s agenda item would talk about how to get people through the process.

Commissioner Koenig

advised today was the last day to apply for CARES. He suggested Chief Lewis reach out to Pahrump Valley Transportation to help the homebound and maybe some of the CARES money could be used for that. Janice Berard asked that her statement be included in the minutes [see Attachment 1]. She said she had been following the events surrounding Commissioner Blundo and that he was innocent until proven otherwise. She wondered if it was retaliation for “not playing ball” with the powers that be. She hoped he was successful in exonerating himself. December 1, 2020 6. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item. (FIRST)-Cont’d. Diane Southworth was concerned the CARES was getting eliminated and the federal government was not doing anything about it. She worried about an increase in homelessness and hunger. Outreach was trying to address it and would appreciate any help the Commissioners could give. Brittney Sheehan reminded the Commissioners that none of them were immune from COVID-19 or the impacts of it. In a time when constituents needed help there seemed to be infighting and she said she supported Commissioner Blundo. She then discussed informed consent regarding the vaccine and encouraged everyone to think about that when developing the policy to be sure there was informed consent. Melissa Fay said several business owners could not make it to the meeting, but

Commissioner Blundo

had their support and was innocent until proven guilty. Shannon Soisoongnoen stated her support of Commissioner Blundo. Dwight Lilly commended Fire Chief Scott Lewis for his handling of a situation involving a woman whose husband had passed away from COVID. Mr. Lilly then thanked Commissioners Koenig and Wichman for the job they did serving Nye County and commended the District Attorney for his job on the murder case. As to Commissioner Blundo, Mr. Lilly said he did not like people being tried in the press or arrested the day before a major holiday where if they could not post bond they stayed in jail until the courthouse opened. He felt it was a very oppressive way to handle justice especially when it was a non-violent crime. Ammie Nelson pointed out all of Commissioner Blundo’s questions were in regard to who was responsible for getting the money out, how the money would be handled and used for, the government being involved, etc. She had gone through the outline on the November 10, 2020, agenda of how the money for small businesses he was accused of profiting from were to be distributed and advised anyone that had any questions to go through those items and make their own decisions. It seemed to Ms. Nelson the person issuing the money was elected and had the power to file the charges. That was something she thought should have been taken through the Commissioners and someone’s name should be attached instead of just County Administrator. Ms. Nelson also had a problem with one person issuing the checks. Raelyn Powers said she would like to see an item to enforce NRS 484.771 that all loads must be covered. Pat Minshall stated her support of Commissioner Blundo and thought that he made a mistake in not recusing himself because maybe he did not know he should. She also thought the Commissioners would have said something if he was supposed to. December 1, 2020 6. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item. (FIRST)-Cont’d. Darrell James Lackey said Nye was a prosperous county, but nothing was being done to solve the homeless problem. He only needed one-millionth of the money in the Wells Fargo account to move his program along to turn homeless people into taxpayers. John Bosta stated his opinion that a person should recuse themselves on each agenda item if they had a conflict and a comment made at the beginning of the meeting did not comply with the law. He stated his support of Commissioner Blundo. Andrew Alberti said he had still not received a response to the question he asked at the October 20, 2020, regarding the money due from Tonopah’s hospital. The written request was handed to Chris Arabia to be given to the Clerk. He wanted to know the path the request took including names and positions in Nye County who had oversight. He also wanted a signature this morning of who would receive his request as he felt he needed to document the paper trail. Mr. Alberti asked for public disclosure on the questions he asked before. Laura Svare stated her support of Commissioner Blundo.

Commissioner Koenig

advised he was one of the first to be called by the newspaper. He had no comment and said innocent until proven guilty. That was where he stood and he believed that was where the Board stood.

8. 10:15 a.m. For Possible Action Discussion and deliberation regarding the

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. December 1, 2020

9. For Possible Action Discussion and deliberation regarding General Road

Commissioner Cox

said the durapatcher left a lot of loose gravel in the parking lot at the courthouse that people could fall or slide on. When she brought it up she was just asking for the cracks to be filled. She then advised she did not get a response to the e mail she sent about items to be put on the agenda and assumed they would go on.

Mr. DahI

said he returned that e-mail 15 minutes ago. He wanted some clarification to be sure the information provided for those agenda items was what she wanted. He also had information he wanted to share with Commissioner Cox.

Commissioner Wichman

asked if he was fully staffed in the north yet.

Mr. DahI

said no and he was struggling to find people up there. He asked anyone with road maintenance experience to submit an application when the ad came out.

Commissioner Koenig

asked how much durapatcher oil Mr. DahI stored now.

Mr. DahI

said it was a 1,000-gallon portable tank that had heaters on it that could be plugged in, but that amount of oil would only last 45 days at most as after that it separated and became useless. He also had a boot truck they could put around 2,800 gallons in, so there was plenty of capacity to store it. The problem was they were not making it unless they could sell 25 tons at a time.

Commissioner Blundo

asked what the strategy was to complete the chip seal project when it was only 57 degrees outside.

Mr. DahI

said the specifications for that oil called for 65 degrees. Years ago it was 50 degrees and rising, but they changed the oil’s viscosity to not work properly until it got to 65 degrees or rising. When the contractor came in they wanted to be able to knock it out as fast as they could so they wanted the County to have all ten miles prepared for December 1, 2020 9. For Possible Action Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects-Cont’d. them to work 15 or 18 hours a day. Once he had the preconstruction meeting he would have a better idea of what they would need from the County. Ammie Nelson talked about a frail woman with a sick husband who had to move gravel by herself because she was told by someone from the highway department that she would be fined $75.00 a day. Ms. Nelson noticed that everyone with gravel had it out to the street and asked if anyone had the authority to threaten the public with a fine.

Mr. DahI

stated there was no truth at all to that. His team did not inform anybody that there was a $75.00 per day fine for having obstructions within the County right-of-way. When there were obstructions in the County right-of-way notices were sent that identified what the obstruction was and asked for the removal of it to avoid liability for the County, himself and the taxpayer. Never once had there been a time constraint or a fine. The only time a person would pay the $75.00 encroachment permit fee would be for things like a driveway. Regarding the Pahrump Valley Boulevard project, Anthony Greco said he saw the team marking it from Gamebird to the BLM land and asked if there would be a road dug there and paved, to which Mr. DahI responded yes.

Sheriff Wehrly

addressed non-covered loads. She said deputies did stop them if they were not responding to a call. In the past there was a partnership with the dumps to not allow uncovered loads to enter. She would look into that to see if that had changed or if something else had taken place. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Strickland

assumed the Chair of the Licensing and Liquor Board. LIQUOR

10. For Possible Action Discussion and deliberation regarding issuing a

Commissioner Blundo

disclosed he held a Nye County privilege liquor license, but that should not preclude him from participating in this item as he did not see any competition or pecuniary interest. Mary Lou Lopez and Carlos Lopez were present. Mrs. Lopez said this was a family owned business and they had been delivering in Pahrump since September, 2019. December 1, 2020 10. For Possible Action Discussion and deliberation regarding issuing a Package Liquor License for Desert Heat Food & Beverage Deliveries. Mary Lou Lopez Applicant-Cont’d. There was a lot of competition coming to town and they looked forward to offering this service to anyone who wanted it and growing their business.

Commissioner Koenig

made a motion to approve issuing a package liquor license for Desert Heat Food & Beverage Deliveries; seconded by Commissioner Blundo; 6 yeas.

11. For Possible Action Discussion and deliberation regarding issuing a Beer

Commissioner Blundo

disclosed he held a Nye County privilege liquor license, but there was no competition or pecuniary interest here and he intended to participate.

Commissioner Koenig

made a motion to approve issuing a beer and wine liquor license for Saiglia Estate, LLC, dba Farinata Italian Style Pizza; seconded by Commissioners Wichman; 6 yeas.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. SITTING AS THE BOARD OF COUNTY COMMISSIONERS FINANCE

29. For Possible Action Presentation, discussion and possible amendment of

Commissioner Blundo

stated given certain allegations he had been advised to abstain from this item. He would not leave the room and would just listen.

Commissioner Strickland

disclosed she was a businesswoman, but she was not participating in the CARES program.

Commissioner Blundo

disclosed he held a Nye County privilege liquor license as well as a Town of Pahrump business license for Carmelo’s Bistro. Grants Administrator Samantha Kramer advised today was the last day to apply for the small business rent assistance, PPE reimbursement, and public rent, mortgage and utility assistance. Any applications with missing information would be denied due to the timeframe to review and submit a payment on their behalf. She listed the remaining balances in each program, which totaled $1 942,487.69. December 1, 2020 29. For Possible Action Presentation, discussion and possible amendment of the Nye County CARES Act Policy-Cont’d.

Commissioner Koenig

asked if money could be moved around to cover negative balances.

Ms. Kramer

said the Commissioners could reallocate funding as needed, but she recommended holding off on that until the complete total was known. She would have a better total at the December 15, 2020, meeting since the programs closed today.

Commissioner Cox

asked if people could submit an application today.

Ms. Kramer

said the applications needed to be submitted today and it was all done on line due to COVID. Health and Human Services was accepting applications in the office for public rental, mortgage and utility assistance. The link was on the front page of the County’s Web site. Additionally, the working capital program was still allowing applications and she would bring an item at the December 1 5, 2020, meeting for the Commissioners to accept the applications submitted past the deadline to get the money to the community. Dwight Lilly found it astounding that out of $8.5 million the County received the allocation for public food was $100,000.00 and public rent, mortgage and utilities was $500,000.00 with contingencies of $50,000.00 and $10,000.00. The County awarded itself about $5.5 million. He did not believe the program had been managed correctly or that the allocation of funds were put out there for a county with the highest poverty rate in the State. Mr. Lilly pointed out the people with the most need did not have internet access or computers to apply. With no one asking for food he believed there was a lack of outreach by whoever was managing the program. He wished the Commissioners would review how the money was being allocated. He also did not believe anyone who received a paycheck from Nye County should apply for funds under this program. Herman Lewis felt the deadline should be extended and suggested putting billboards up to let people know this money was available. He also felt only 25% of the total should have gone to the County with 75% to the people. Ammie Nelson pointed out the November 10, 2020, agenda showed the deadline was December 4, 2020, and she was not sure when that was changed. She was also concerned with accountability to the public if there was a mistake made as the Comptroller determined if the applicant was eligible or not and issued the check. John Bosta said he noticed the County Manager had to sign off that he was in control of the funds. He reminded people the Board was the executive branch of the government that made the policy, but the County Manager was the one that had to carry out the policy. To question who was signing the checks was laughable to him because the person who was responsible for that was the County Manager, the Comptroller, and possibly the Treasurer. December 1, 2020 29. For Possible Action Presentation, discussion and possible amendment of the Nye County CARES Act Policy-Cont’d. Commissioner-Elect Frank Carbone said he had issues about the process and how it was handled. People had been told because they were receiving unemployment, although they had not received it yet, they were not eligible for this money. He wondered if that was stated in the policy or if the administrators of the policy could address it.

Commissioner Koenig

asked how unemployment affected one’s eligibility for CARES money.

Ms. Kramer

said she would have to verify with Health and Human Services as they were handling that money, but Director Karyn Smith had not heard of applicants being denied by her office who were waiting on unemployment. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 12. For Possible Action Discussion and deliberation regarding RFQ #2020-06 — — Qualified Environmental Professional for Environmental Assessment for the Pahrump Fairgrounds and other Environmental Services to: 1) Discuss the request for qualifications proposals received; 2) Accept the response from BEC Environmental, Inc. or Nova Geotechnical & Inspection Services; and 3) Provide direction to staff to enter into fee negotiations.

Commissioner Strickland

made a motion to accept the response from BEC Environmental and direct staff to get into fee negotiations; seconded by Commissioner Blundo. Steve Stanphill understood BEC was selected, however, he said Nova Geotechnical was happy to be able to submit a proposal and participate in the selection process. He wished the Board the best moving forward and hoped to be able to be of service to Nye County in the future.

Commissioner Blundo

made a motion to recommend Commissioner Strickland; seconded by Commissioner Wichman; 4 yeas. Commissioner Strickland abstained. The Board was in recess until 1:30 p.m. December 1, 2020 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 13. For Possible Action Discussion and deliberation to: 1) Approve $4,300.00 for the purchase of twenty four LED Corn Cob Retrofit bulbs from Deco Lights, Inc., a Sternberg authorized dealer, for decorative streetlights located on Main Street and in Cottonwood Park in Beatty, NV; and 2) Fund from 24402 Beatty Special Capital Projects.

Commissioner Wichman

made a motion to approve and fund from 24402; 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. December 1, 2020 14. For Possible Action Approval of Assessor’s Office Change Requests to allow the Nye County Treasurer to process and: 1) Issue an amended tax bill in the amount of $665.73 to Vicky Walker, owner of 129 Summit St., Tonopah, NV, Assessor’s Parcel Number 008-141-14. 2) Issue a refund in the amount of $195.77 to Diane L. & Charles R. Dearth, owners of 3271 W. Mesquite Ave., Pahrump, NV, Assessor’s Parcel Number 041-551-01. 3) Issue a refund in the amount of $232.99 to Theresa Tranquillo, owner of 1151 S. Comstock Cir. E., Pahrump, NV, Assessor’s Parcel Number 039- 441 -1 5. 4) Issue a refund in the amount of $515.61 to the Hazel D. Livingston Living Trust, owner of 271 W. Hallsway St., Pahrump, NV, Assessor’s Parcel Number 035-483-19. 5) Issue an amended tax bill in the amount of $1,080.52 to Gene White, owner of 610 W. Indian Wells Ct., Pahrump, NV, Assessor’s Parcel Number 043- 163-22. 6) Issue an amended tax bill in the amount of $641.61 to Zhanrong & Michael J. Zhang, owners of 2160W. Larsen Dr., Pahrump, NV, Assessor’s Parcel Number 029-522-1 5. 7) Issue an amended tax bill in the amount of $2,412.42 to Sunset Reflections, LLC, owner of 850 S. Big Five Rd., Pahrump, NV, Assessor’s Parcel Number 035-354-02. 8) Issue an amended tax bill in the amount of $3,736.81 to John Dennis & Jeannie Rose King, owners of 4800 E. Parkwood Dr., Pahrump, NV, Assessor’s Parcel Number 043-641-03. 9) Issue an amended tax bill in the amount of $1,601.96 to Ronald I. & Judith L. Doerksen, owners of 881 5. Woodchips Rd., Pahrump, NV, Assessor’s Parcel Number 036-601-65. 10) Issue an amended tax bill in the amount of $4,881.97 to Pahrump Hospitality, LLC, Owner of 2130 E. Postal Dr., Pahrump, NV, Assessor’s Parcel Number 035-423-36. 11) Issue an amended tax bill in the amount of $176.61 to Sharon A. Wehrly and Dana M. Gordon, owners of 160 S. Margaret St., Pahrump, NV, Assessor’s Parcel Number 035-331 -10.

Commissioner Blundo

made a motion to approve items 14-16; seconded by

Commissioner Wichman

. Assessor Sheree Stringer explained when these items came up for discussion at the last meeting she was on the line but the connection was bad. Commissioner Cox had some questions so she was here to answer them if she wanted to go through them. As far as she could see they were refunding $447.11 and had additional collections of $8,482.78 because of some computer and clerical errors picked up in reappraisal and corrected. That was why there were so many of them. December 1, 2020 14. For Possible Action Approval of Assessor’s Office Change Requests to allow the Nye County Treasurer to process and Various Amended Tax Bills and Refunds-Cont’d.

Commissioner Blundo

asked what the process was if someone disputed any of the increases.

Mrs. Stringer

said they would contact the appraiser and discuss it. If they could not come to a resolution they could take it to the Board of Equalization.

Commissioner Wichman

asked if this was part of the new programming.

Mrs. Stringer

said yes, there were some bugs being worked out.

Commissioner Blundo

made a motion to approve items 14-16; seconded by

Commissioner Wichman

; 5 yeas. 16. For Possible Action Approval to: 1) Accept a change order to decrease the FY20 Joining Forces Grant amount from $25,822.32 to $22,246.96, due to remaining events in the grant coming in under budget; and 2) Delegate a one-time authority to Samantha Kramer to e-sign through the Joining Forces website.

Commissioner Blundo

made a motion to approve items 14-16; seconded by

Commissioner Wichman

; 5 yeas. COUNTY MANAGER 27. For Possible Action Discussion and deliberation to grant the County Manager the authority to approve Assessor’s Office Change Requests to allow the Nye County Treasurer to process amended tax bills or refunds.

Commissioner Strickland

made a motion to approve giving the County Manager authority to approve Assessor Office change requests; seconded by Commissioner Wichman.

Commissioner Strickland

said she had made a request at one of the prior meetings since she felt the Board did not need to hear those requests and they could be handled by the County Manager. December 1 2020 27. For Possible Action Discussion and deliberation to grant the County Manager the authority to approve Assessor’s Office Change Requests to allow the Nye County Treasurer to process amended tax bills or refunds-Cont’d. Sheree Stringer said this would make it a lot easier because her office could go as corrections had to be made instead of waiting for meetings. They could get it to the County Manager and have the approval done almost immediately.

Commissioner Blundo

felt having them on the agenda gave the Board an opportunity to review them as it concerned people’s taxes and changes and that it should stay the way it was.

Mrs. Stringer

said in in the six years she had been in office she had two phone calls on consent agenda items to find out more information on the item. She thought if the County Manager felt this would be an appropriate way to go she did not have an issue with it and that it would be a quicker resolution of these items.

Commissioner Blundo

mentioned the public’s opportunity to disagree with something before the elected Board. He did not like giving power to unelected individuals.

Commissioner Strickland

said if an individual had a problem with the assessments they could contact the Assessor. If they did not feel they were heard they could go to the County Manager and if not heard there to the Board. She also pointed out these continuous adjustments would not be seen moving forward because of the new program.

Mrs. Stringer

explained consent items were NRS mandated and had to be approved whether the Board agreed with it or not. If the taxpayer was aggrieved they could take it to the Board of Equalization so that was not the responsibility of the Board of County Commissioners.

Commissioner Cox

did not think it was a big issue to leave it on and have the Board have the final look at it. She thought the County Manager was overloaded now and since there was an agenda every two weeks that was not a long time to wait.

Mrs. Stringer

pointed out this item was on in the beginning of November and now it was December, but she was fine with either process the Board wanted to follow. Ammie Nelson thought it would be best to keep it the way it was and have accountability in front of the Board. Janice Berard said she would also like things kept the way they were as it would allow people to talk to the Board in a public forum about their issues. This way also allowed for more checks and balances. December 1 2020 27. For Possible Action Discussion and deliberation to grant the County Manager the authority to approve Assessor’s Office Change Requests to allow the Nye County Treasurer to process amended tax bills or refunds-Cont’d.

Commissioner Wichman

explained she voted for it as any changes from the Assessor had to go to the Board of Equalization. BOARD OF COMMISSIONERS 23. For Possible Action Discussion and deliberation to request all Nye County Public Defenders to participate in the Department of Indigent Defense Services’ weighted workload study that reflects defense practices in Nevada rural counties, conducted by National Center for State Courts.

Commissioner Wichman

made a motion to approve and request the public defenders do participate; seconded by Commissioner Strickland. Jason Earnest, a public defender for the County for 20 years, said he was fine with the vote to have them participate and many of the public defenders had already agreed as well, but he cautioned the Board that there was something unique in Nye that most rural counties did not have, which were high case rates. When Justice Cherry headed the Indigent Defense Committee the recommendation was 125 cases. He knew the three southern public defenders were carrying about 250-300 cases, well above what they should be carrying, and their contracts were written in such a way they were not allowed to bring in an associate to do ministerial acts. Mr. Earnest said by not getting more public defenders for the south the County was exposing itself to extreme issues and with the loss of taxes this year money for indigent defense would not be there next year.

Commissioner Wichman

made a motion to appoint Cindy Kaminski as a board member and chairman and Commissioner Strickland as the alternate; seconded by

Commissioner Cox

. December 1, 2020 25. For Possible Action Discussion and deliberation to: 1) Appoint one member to the Nye County Board of Equalization for a four-year term beginning January, 2021 from the following list of applicants: Cindy Kaminski; 2) Appoint a Commissioner as alternate to the Board of Equalization; and 3) Appoint the Chairman of the Board of Equalization-Cont’d. Sam Merlino explained the Commissioner appointment was only in the event there were not enough board members present at a meeting to take action.

Commissioner Strickland

as the alternate passed with 4 yeas. Commissioner Strickland abstained. TREASURER 26. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2020-38: A Resolution Designating the Hours During Which the Treasurer’s Office Will Be Kept Open. John Prudhont explained there was a conflict with NRS and how things operated in the County. When NRS 245.00 was created it stipulated multiple offices would be open on Saturdays from 1:00 p.m. to 5:00 p.m. and how judicial offices were open on holidays, although those elected offices were not open on holidays and the judicial offices were not open on Saturdays. He said this action would remove the conflict in the wording and have the Treasurer’s Office open the times they were open currently. Additionally,

Mr. Prudhont

advised that on December 24, 2020, the only two employees in the Tonopah office were taking vacation pay for that day so it was not impacting the County in a negative way, but in a way it did because it required someone from Pahrump to travel to Tonopah to cover the office. He asked the Commissioners to approve this change so in the event that happened he did not have to have employees in the office on December 24, 2020, and the office could be closed without violating the NRS.

Commissioner Koenig

said assuming the Board approved this it was his understanding December 24, 2020, would not be a paid day.

Mr. Prudhont

said that was correct. If both employees decided to take that day off and use their vacation pay the office would be closed. If one decided not to and decided to work as a paid day the office would not be closed.

Commissioner Wichman

asked the District Attorney if passing this resolution would do anything to change the NRS being referred to. Michelle Nelson advised the resolution did legally comply with the NRS.

Commissioner Blundo

said he had wanted to see everyone’s schedules and who was open. He firmly believed the County should be open to serve the public. December 1, 2020 26. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2020-38: A Resolution Designating the Hours During Which the Treasurer’s Office Will Be Kept Open-Cont’d.

Mr. Prudhont

clarified this would not be a paid holiday. It was only for the situation of having just two staff members in the office and if they both wanted to take Christmas Eve off with vacation pay the office would be closed. It was not designed to be a paid holiday so there was no financial impact to the County. His office also had a drop box.

Commissioner Koenig

said his problem was that the resolution stated the offices would be open for the transaction of public business, etc., excepting on non-judicial days and December 24, 2020. To him that meant the office would be closed on December 24, 2020. If people were told they could not work that day then the County had to pay them. Chris Arabia agreed that if someone showed up for work and was told to go home they would have to be paid. He thought it was safe to assume the department would be on the hook for that.

Commissioner Strickland

suggested striking the exception and moving forward with the resolution.

Commissioner Koenig

said the non-judicial days were fine, but he was not happy about December 24, 2020.

Mr. Prudhont

suggested a wording change to may close the office on December 24, 2020, if the employees ended up taking a vacation day.

Commissioner Cox

pointed out if the Board did this it would have to be done for all so it may need a little research.

Mr. Arabia

said he understood the reasons for wanting to close on December 24, 2020, but it would open a Pandora’s Box of other issues. He would have to look closer at the CBA, but if something was done for one person it had to be done for all generally. It was not a holiday and it seemed at this point there was more risk than reward going forward with it the way it was right now. He said he would be happy to look at it again in time for the December 15, 2020, meeting.

Commissioner Blundo

said when it came back he would like to see the hours today for Tonopah and Pahrump and what those hours would be in the resolution to be adopted. He would also like the offices open during lunch with employees staggering their lunch hours.

Commissioner Blundo

made a motion to continue this item to December 15, 2020; seconded by Commissioner Wichman. December 1, 2020 26. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2020-38: A Resolution Designating the Hours During Which the Treasurer’s Office Will Be Kept Open-Cont’d. Sheree Stringer said an elected official had the right to say if someone could have the day off. If there were only two employees and both wanted the day off it was the elected officials responsibility to keep the office open. Sam Merlino agreed with Commissioner Cox and Mrs. Stringer. Once this was done for one office it would have to be done for all, at least for December 24, 2020.

Commissioner Blundo

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

30. For Possible Action Presentation and direction to staff regarding the current

Commissioner Blundo

said since the County was doing so well he wanted to have conversations about cutting taxes.

Commissioner Strickland

said she would like to do some pre-funding for OPEB. December 1, 2020 INFORMATION TECHNOLOGY

31. For Possible Action Discussion and deliberation to: I) Approve, amend and

Commissioner Strickland

made a motion to approve, execute and deposit into 10291; seconded by Commissioner Blundo. Pat Minshall said she would like to see some of the money shared with Amargosa as it took care of the site. Also, the address was incorrect and should be 1640.

32. For Possible Action Discussion and deliberation to: 1) Determine that an

Commissioner Blundo

made a motion to determine an excess tower and beacon from the Tonopah Airport were no longer required for public citizen use, it was in the best interest to dispose of the tower through public sale and donate the beacon to the Central Nevada Museum in Tonopah, and deposit the proceeds of the public sale into Fund 10402, Special Capital Projects; seconded by Commissioner Wichman; 5 yeas.

33. For Possible Action Discussion and deliberation to accept an offer of

Commissioner Wichman

made a motion to accept the offer of dedication and designate it as a general County road; seconded by Commissioner Strickland; 5 yeas. December 1, 2020 PUBLIC PETITIONER

34. For Possible Action Discussion and deliberation regarding a request to

Commissioner Wichman

said this action was taken every year and she asked the Commissioners to allow them to continue doing this when she was gone.

Commissioner Wichman

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

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

Commissioner Koenig

said his contention was somebody had applied for unemployment but had not gotten any yet and was denied.

Ms. Smith

said she would be more than happy to look into it. They should not have been denied due to the fact they did not receive unemployment so it could be they had no other documentation showing they were laid off due to COVID.

36. Commissioners’IManaqer’s Comments (This item limited to announcements

Commissioner Koenig

said because of the previous discussion on vaccines and how certain people did not have transportation he spoke to the head of Pahrump Valley December 1, 2020 36. Commissioners’IManaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. Transportation. They were in discussion with NDOT to arrange for people who had the need to use them to get from their home to where they had to go to get the shot. They charged $3.00 for a ride and his suggestion to them and the Board was this was a perfect situation for some CARES money.

Commissioner Cox

thanked Richard Goldstein for congratulating her for winning the election. She then expressed her condolences for the loss of Dave Stevens and would like to see a plaque in his honor on the new animal shelter for his tenacity in always being there for the animals. She also thanked Chris Arabia for the interpretation he made as far as the laws on public comment, but she would like to change the wording on the agenda to speak to the public comment area because it was rather deceptive as it led people to believe they could not get up and speak. According to NRS the Board could not control the content of what a person said when giving public comment about anything. Commissioner Cox said she would like to have the NRS referenced and quoted word for word so people could look at it. She also thanked Mr. Arabia for turning

Commissioner Blundo’s

matter over to the Attorney General. She had received a phone call from the newspaper as well on Thanksgiving Day and did not return it.

Commissioner Blundo

thanked the public and his colleagues for the overwhelming support. He said he e-mailed the District Attorney about why the ex pane disclosure and communications was on the agenda as disclosures are made on each item.

Mr. Arabia

asked Commissioner Blundo to forward him the e-mail again.

Commissioner Blundo

said he had also asked the County Manager for hours for the different offices and asked for that to come before the Board.

Commissioner Wichman

said she received a phone call on Thanksgiving Day which she was not too keen about. Like Commissioner Cox she did not return the call, but her comment would have been nothing. She also had a lot of people ask her if she would be in Pahrump at December 1 5, 2020. Commissioner Wichman said after thinking about it she would either stay in Tonopah or call in for a very personal reason and asked the Commissioners to understand that.

Commissioner Strickland

commented on how much the Commissioners were going through right now and there would be comments from the public which would have to be endured. She then recognized the new podium in the Pahrump chambers to alleviate staff time in sanitizing after every speaker. Regarding office hours, Assessor Sheree Stringer advised her office was open from 7:00 a.m. to 5:30 p.m. every day. Staff would be in the office working, but it would be closed to the public. Appointments would be scheduled and her office had a drop box. December 1 2020 36. Commissioners’/Manaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshopslaqendas)-Cont’d.

Commissioner Koenig

said Dave Stevens would be missed greatly and asked

Commissioner Cox

to carry the torch to make sure Mr. Stevens’ name was somewhere in the new dog pound.

Commissioner Cox

mentioned the resolution for making Nye a sanctuary county for small businesses and wondered how much power the Board would have to override what the Governor instituted. She also did not understand why the offices were closed down when a Board meeting could be conducted in the open. Chris Arabia said he had nothing to do with Commissioner Blundo’s situation in any way and it was referred to the Attorney General’s Office. Regarding Andy Alberti’s comment that he gave Mr. Arabia something on October 20, 2020, and never heard back, Mr. Arabia advised on October 21, 2020, at 7:30 a.m., MarIa Ziotek sent Mr. Alberti a response which was comprehensive and addressed the office’s obligation. Lastly, Mr. Arabia said in his entire life he met few people who told stories that affected and amused him the way Dave Stevens did and he would be missed.

Commissioner Blundo

asked for an agenda item for the COVID management plan sent to the State for the public to talk about.

Commissioner Strickland

suggested attaching it to Chief Scott Lewis’ report Comm issioner Wichman also suggested posting it on the Web site. Brett Waggoner shared the same sentiments about Dave Stevens. As to comments made by Commissioner Blundo regarding offices being on remote operations, while he could not speak for every office he assured the public as well as Commissioner Blundo that all operations were going on as they would if everyone was sitting at the desk. His office hours remained the same, 7:00 a.m. to 5:30 p.m., and they scheduled appointments. Arnold Knightly said he responded to Mr. Alberti on November 18, 2020, when he got the request and forwarded it again this morning. He then advised extensive outreach had been done for the CARES Act and the COVID report that Tim Sutton wrote weekly was on the Web site and linked in the e-mail Mr. Knightly sent on Fridays.

Sheriff Wehrly

said her office worked 24/7 and COVID did not matter to them. The front office was open five days a week, as always, including in Tonopah, and PPE was being utilized. December 1, 2020 35. ADJOURN

Commissioner Koenig

adjourned the meeting. ‘N APPROVED this L> day ATTEST: Of 202. ‘- rk Nye Couty Clerk I Deputy BOCC GENERAL PUBLIC COMMENT AGENDA ITEM #6- — December 1, 2020 I request that this statement be placed in the minutes of this meeting. I have been following the recent events surrounding Commissioner Blundo & the charges that have been brought against him by the County Administrator. Could this be retaliation for not playing ball with the NC powers-that-be? I say this because I have seen this occur to others in the County over the years; some being friends of mine. They did not deserve what the County did to them. I cannot say if Commissioner Blundo is innocent or guilty of the charges brought against him. I am not the one to make that decision. A court of law is. Until then Commissioner Blundo is innocent until proven otherwise. I do not know Commissioner Blundo well, but he has recently helped my partner Mr. Jones get an item placed on the BOCC agenda; an item which no one else in the County would place for him. I thank Commissioner Blundo for that. The rumor mill in Nye County is alive & well. Over the years I have heard all kinds of rumors about him, both good & bad depending on who is speaking. Again I do not know if they are true. But they have been especially damaging to innocent individuals who have done nothing wrong except speak the truth & stand up against parties who are dishonest, unethical & in some instances criminal. My partner Mr. Jones & I are two of these people who have been victims of this behavior. Many listening know that Mr. Jones & I have also had our own issues with the County, especially in our efforts to expose the highly questionable activities that have occurred in Belmont, NV where we own property. Our journey started out as two people who simply wanted to protect Belmont’s town water from contamination due to the drilling of illegal wells. Five years later our crusade has become much more complicated. Nye County has made it all the more difficult. During Commissioner Blundo’s public statement last Sunday (11-29-20), he referred to Nye County as a swamp that he believes has tried to take him down since entering public office. He also stated that he intended to fight this swamp in order to exonerate himself. I hope he is successful in achieving this goal. I look forward to him RELEASING THE KRAKENI Thank you. Janice Berard ATTACHMENT 1