February 17, 2021

Sheriff Wehrly

was not present at this time.

Commissioner Cox

was present via telephone.

Commissioner Carbone

asked how many people 70+ had gone through the process. Chief Lewis said about 700-800 out of the 2,500 approximately in the County. In Pahrump specifically it was the largest target group and was posing the most significant challenge logistically.

Commissioner Strickland

said on Saturday at 1:00 p.m. services would be held for Gerald “Bear” Smith starting at the Pahrump Valley Mortuary moving to the Nye Communities Coalition with a walk-through between 2:00 p.m. and 6:00 p.m.

Commissioner Cox

announced the Nye County Republican Central Committee would hold their monthly meeting at 10:00 am. on Saturday.

Commissioner Blundo

asked Tim Sutton about the letter sent to the Cannabis Board asking that the revoked licenses go back out.

Mr. Sutton

believed Darrell Lacy had sent that out but he would double check.

Commissioner Blundo

asked for the status of commerce tax letter.

Mr. Sutton

stated that was the one the rest of the Board did not feel comfortable sending out in its current form, which he had advised Commissioner Blundo of.

Commissioner Strickland

said a modification of the language had been asked for.

Commissioner Blundo

said he had not seen anything come back with the changes and would like to move on it. He then discussed HR127, penalties explained, which established severe fines and prison time for things like possessing a firearm or ammunition without a license, transferring a firearm or ammunition to an unlicensed person, and loaning guns to anyone. He felt that was an attack on the Second Amendment and reminded everyone Nye was a Second Amendment County. Lastly, the Workforce Connections Board was a recipient of the Laurie Moran Partnership Award. Chris Arabia said Don Chairez was laid to rest on Sunday. He then recognized District Attorney Office employees Kim Wilson, Kirk Vitto and Christi Kindel for their years of service to the County. February 17, 2021 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d.

Mr. Sutton

told Commissioner Blundo the Cannabis Control Board letter was sent November 19, 2020 and delivered November 24, 2020. He would provide a copy to

Commissioner Blundo

. He then mentioned there were a lot of issues with wild horses. Notices were out, but he cautioned the public to not approach the animals as they were wild and dangerous.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. TIMED ITEMS

Commissioner Strickland

disclosed she was a Nevada contractor and this did affect her, but she would vote on it.

Commissioner Blundo

made a motion to adopt Nye County Bill 2020-21; seconded by

Commissioner Blundo

withdrew his motion; Commissioner Carbone withdrew his second.

Commissioner Strickland

opened and closed public hearing.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Carbone. February 17, 2021 9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2020-21-Cont’d. Planning Director Brett Waggoner explained one of the things this bill was meant to address was currently in the Code the only remedies for penalties included a fine of up to $1,000.00 and/or jail time as a misdemeanor offense. This bill was in line with many other municipalities with building permit requirements. One of the concerns he took some extra steps to address were from the rural towns that anything in this bill was imposing a building permit requirement that did not already exist. Mr. Waggoner explained there was no requirement for permits outside the PRPD at this point.

Commissioner Cox

was concerned that this would allow the department to sidestep the court procedure.

Mr. Waggoner

stated it did not do that. If a citation was issued, there was still an appeal process and it could be brought to the Commission for determination after which it would go to a courtroom if needed.

Commissioner Strickland

disclosed she was a Nevada contractor and had done work for Craftsman Homes, but she did not see where the zoning waiver would impact her or her decision making regarding this matter.

Commissioner Strickland

opened and closed the public hearing. Scott Shepston, the applicant, was present to answer questions.

Commissioner Blundo

asked which special conditions of approval Mr. Shepston was asking the Board to waive.

Mr. Shepston

said they wanted to erect a chain link fence instead of a block wall as they felt a block wall was excessive and not conducive to neighboring properties. Also, instead of an asphalt driveway they wanted to do compressed gravel as asphalt would not be conducive to bringing in and out manufactured homes. To eliminate that problem February 17, 2021 10. 10:00 am. For Possible Action Public Hearing, discussion, and — — deliberation on AP-2020-000027-Cont’d. as far as the streets, Mr. Shepston they would move the gate to allow a straighter approach in. Additionally, there would be almost no traffic since once the homes were brought in they would sit for months. He said this was a showroom, not an inventory lot.

Commissioner Blundo

asked about dust mitigation measures.

Mr. Shepston

said the asphalt millings would accomplish most of that and if they needed to further mitigate the dust problem they would approach it at that time. Brett Waggoner explained during the RPC meeting portions of the waiver request were granted. A good case was made regarding the area where the model homes would be, but the driveway was intended to protect the County right-of-way. The RPC recommended the applicant bring them in off of the highway as they were not to use Alfalfa Street as a main access since it was a residential street. The applicant stated that would be problematic as there was landscaping and other obstacles in the path coming off the highway, so it was allowed that he could come in off of Alfalfa based on the infrequency that this would happen. As to the fencing, Mr. Waggoner said that was a normal requirement in Section 1 7.04 of the Code and chain link fencing with privacy slats was not considered adequate screening between commercial and residentially zoned property. He noted many requests had come forward in the past and had been denied.

Commissioner Cox

commented on the cost of a block wall versus a chain link fence. She suggested giving a temporary waiver for six months or a year to see if he could establish his business.

Commissioner Blundo

made a motion to modify the decision of the Pahrump Regional Planning Commission to not require special conditions 5 and 6; seconded by

Commissioner Cox

. Michelle Nelson asked that the motion also include the Board accepting the back-up for the record in case there was a subsequent appeal.

Commissioner Blundo

withdrew his motion; Commissioner Cox withdrew her second.

Commissioner Blundo

made a motion to accept the back-up for item 10; seconded by

Commissioner Cox

; 4 yeas. Public Works Director Tim Dahl asked the Board to not waive the requirements to put in a commercial driveway as doing so would put a burden on the public to maintain a commercial driveway that had very large trailers coming in and out of it. A commercial driveway had thicker asphalt and base to allow the heavy equipment to be able to turn while a residential driveway had a much lower standard. He said he attended the RPC February 17, 2021 10. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation on AP-2020-000027-Cont’d. meeting to see if they would support requiring the developer to come in off of SR16O, which to Mr. Dahi was where commercial traffic of this type needed to enter and leave.

Commissioner Blundo

made a motion to modify the decision of RPC and not require special conditions items 5 and 6; seconded by Commissioner Cox; 3 yeas.

Commissioner Strickland

opened and closed the public hearing. Brett Waggoner said this was a different request as Planning did not typically have someone wanting to go from a denser permissive use of the property to less dense. There was not a lot of information shared with Planning as to why this was coming forward, but generally the appetite of the Board he had seen was in support of trying to get rid of the VR-20 that was all over the place.

Commissioner Carbone

made a motion to approve ZC-2020-000052; seconded by

Commissioner Blundo

; 4 yeas.

Commissioner Strickland

opened and closed the public hearing.

Commissioner Blundo

made a motion to approve ZC-2020-000053; seconded by

Commissioner Carbone

; 4 yeas.

Commissioner Strickland

opened the public hearing. February 17, 2021 13. 10:00 a.ni. For Possible Action — — Public Hearing, discussion and deliberation on SU-2020-000070-Cont’d.

Commissioner Blundo

made a motion to continue this item to the Pahrump meeting on April 20, 2021: seconded by Commissioner Carbone; 4 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Blundo

made a motion to appoint Loyce Seastrunk and Robert Tibbits; seconded by Commissioner Carbone; 4 yeas.

Commissioner Blundo

made a motion to appoint Mike Smith and John Pawlak as members and Debra Perna and Bill Stremmel as alternates to the Pahrump Nuclear Waste and Environmental Advisory Committee: seconded by Commissioner Carbone; 4 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff Wehrly

was present and assumed the Chair of the Licensing and Liquor Board. February 17, 2021 LIQUOR 14. For Possible Action Discussion and deliberation to approve a Package Liquor License for MTSRB, LLC., dba Rhinestones Deli and Slot House and a Retail Liquor License for MTSRB, LLC., dba Rhinestones Country Bar and Dance Hall, located at 1700 S. Pahrump Valley Blvd. # 83 and #84, Pahrump, NV. Michael Tsunis, OwnerlApplicant Michael Tsunis, the applicant, was present.

Commissioner Blundo

made a motion to approve.

Commissioner Blundo

disclosed he held a Nye County privilege liquor license, but it would not affect his ability to participate in these proceedings.

Commissioner Blundo

withdrew his motion.

Commissioner Carbone

made a motion to approve as all fees were paid and the background was complete; seconded by Commissioner Blundo; 5 yeas.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. The Board was in recess until 1:15 p.m. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 16. For Possible Action Discussion and deliberation regarding Pahrump Town Ordinance 43 allowing for a rate change for Pahrump Valley Disposal by (1) determining whether or not an unforeseen economic circumstance occurred during a given twelve-month period supporting an adjustment in rates not based on changes to the consumer price index (CPI); and (2) determining a method for adjusting rates which is not based on changes to the consumer price index (CPI); and (3) approve or reject the method for adjusting rates which is not based on changes to the consumer price index (CPI). John Shea from Pahrump Valley Disposal said like many businesses they were dealing with several unforeseen economic circumstances impacting their business that needed to be addressed as those impacts had reached a point they could no longer absorb them. Some of those economic impacts included legislative actions and the growth of their recycling program. Due to that growth they had to add a building and a larger baler, and they were looking at implementing another stage up with more capacity. Mr. Shea explained the problem was they were still using 2004 dollars to fund that program and the expansion. Their recycling program also faced the impact of China’s national sorting policy, which now required contamination rates at .5% and because of that they were less accepting of materials, more demanding of higher quality materials, and now they had to sort those materials at a higher level to reach that standard. February 17, 2021 16. For Possible Action Discussion and deliberation regarding Pahrump Town Ordinance 43 allowing for a rate change for Pahrump Valley Disposal by (1) determining whether or not an unforeseen economic circumstance occurred during a given twelve-month period supporting an adjustment in rates not based on changes to the consumer price index (CPI); and (2) determining a method for adjusting rates which is not based on changes to the consumer price index (CPI); and (3) approve or reject the method for adjusting rates which is not based on changes to the consumer price index (CPI)-Cont’d. Equipment and labor costs had also gone up 55% since 2016 and their fleet was aging. He said they needed to make heavy investments in upgrading it to meet industry standards to continue to provide the service they were known for. Pahrump Valley Disposal proposed a rate adjustment of 19.19% to cover the impacts as outlined, which would cost an average residential customer $2.73 more per month. Chris Arabia advised this had passed legal review.

Commissioner Blundo

made a motion pursuant to PTO 43 to allow a rate change for Pahrump Valley Disposal by determining an unforeseen economic circumstance had occurred during the given twelve-month period supporting an adjustment in rates not based on changes to the CPI and determine the method for adjusting rates not based on the CPI was to increase the rates 19.19% and approve that method for adjusting the rates which was not based on the CPI; seconded by Commissioner Carbone. Pat Minshall understood China was taking less product as it was less profitable for them. It also seemed many states had dropped recycling programs because of the escalating cost. She wondered if this really should be done.

Commissioner Cox

thought the recycling program was the best thing to ever happen and felt it paid for itself as it kept that garbage out of the landfill, which extended the life of the landfill.

Commissioner Carbone

made a motion to appoint Tina Bond-Kuglin; seconded by

Commissioner Blundo

; 4 yeas. February 17, 2021

Commissioner Carbone

made a motion to approve the award of Bid 2020-08 to Morales Construction in the amount of $419,032.00; seconded by Commissioner Cox.

Commissioner Carbone

amended his motion to approve the award of Bid 2020-08 to Morales Construction in the amount of $419,032.00, approve the contract with the selected bidder, Morales Construction, and fund from 25223, Town of Pahrump Parks Fund, and from 25252, Pahrump Parks Impact Fee; Commissioner Cox amended her second; 4 yeas.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Carbone.

Commissioner Carbone

said this was only to establish a contract in case something needed to be purchased. There were no plans to purchase anything in the near future, but he asked how far out that would be. Tim Sutton said he would have to check into it. Purchasing and Contracts Administrator Danielle McKee advised the purchase of a new ambulance was approved during the budget cycle and Chief Scott Lewis was in the process of determining which ambulance he wanted to purchase. This contract was just the piggyback contract to use that cooperative purchasing authority.

Commissioner Blundo

made a motion to approve items 23-25; seconded by

Commissioner Carbone

; 4 yeas.

Commissioner Blundo

made a motion to approve items 23-25; seconded by

Commissioner Carbone

; 4 yeas.

Commissioner Blundo

made a motion to approve items 23-25; seconded by

Commissioner Carbone

; 4 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 22. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject budget transfer of appropriations between functions within the Town of Pahrump General Fund (25101) and OPEB Fund (25704).

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Carbone; 4 yeas. February 17, 2021 BOARD OF COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners.

Commissioner Strickland

made a motion to appoint Patricia Browning; seconded by

Commissioner Blundo

. February 17, 2021 33. For Possible Action Discussion and deliberation to appoint one member to the Northern Nye County Hospital District due to one term not being filled in the 2020 Election from the following list of applicants: Patricia Browning-Cont’d.

Commissioner Strickland

said she had discussed both items 33 and 34 with

Commissioner Jabbour

yesterday and she was taking his direction as requested.

Commissioner Strickland

made a motion to appoint Samantha Faga; seconded by

Commissioner Blundo

; 4 yeas.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. BOARD OF COMMISSIONERS 32. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2021-05: A Resolution of Blue to Back the Blue Declaring Nye County to Be Recognized as A “Blue” County Supporting All Law Enforcement.

Commissioner Blundo

made a motion to adopt Resolution No. 2021-05; seconded by

Commissioner Cox

. Helene Williams thought the resolution spoke for itself and the County was joining many others in the nation to support the Blue, who deserved so much more. She thanked the Board for their support.

Commissioner Blundo

asked to have signature lines for all Commissioners on the resolution.

Commissioner Blundo

withdrew his motion; Commissioner Cox withdrew her second.

Commissioner Blundo

made a motion to amend and adopt Resolution No. 2021-05 adding signature lines for each Commissioner; seconded by Commissioner Cox; 4 yeas. February 17, 2021 DISTRICT ATTORNEY

Commissioner Blundo

made a motion to approve the interlocal contract between the State of Nevada Department of Health and Human Services, Division of Welfare and Supportive Services and the Nye County District Attorney’s Office in the amount of $2,496,967.00 with 66% being reimbursed from the State and 34% being the County’s responsibility, execute the contract, and fund from 10101, General; seconded by

Commissioner Carbone

; 4 yeas. FINANCE

Commissioner Blundo

asked if the allocation of several million dollars from a federal program to assist certain sub-entities affected the 102%.

Mrs. Rucker

said no as those revenues were received into the grants fund, not the County general fund, and the CARES funds could not be used to supplant any resources in the general fund. It helped to support services to the constituency. She then reviewed the budget status report for each department, which showed a few departments were predicting salaries over budget. She explained that was because of the budgeted 4.6% vacancy rate, but there were several departments that had not had that turnover yet so those departments would have to be augmented. She provided information regarding the services/supplies overages in the Sheriff’s Office and miscellaneous overhead, stating they had been under-budgeted for many years and there would be an item on tomorrow’s agenda to address that issue.

Commissioner Strickland

asked about the museum fund 10214, which looked like the expenditure budget exceeded the revenue budget.

Mrs. Rucker

explained the expenditure budget associated with the Pahrump Museum was because in FY21 the two funds were separated into the Pahrump Museum fund and the Tonopah Museum. A transfer out of the Pahrump Museum to the Tonopah Museum was done to make those funds available to them. February 17, 2021 36. For Possible Action Discussion and deliberation regarding the budget status for December 2020 for Nye County and all sub-entities for Fiscal Year 2021- Cont’d. As to the museums, Tim Bohannon said the budgeted expenditures looked like a budgeted loss versus the revenue of $68,000.00. The Beatty Town fund looked the same way. He asked if he was looking at that properly or if it was just movement in the funds.

Mrs. Rucker

explained the budget for expenses exceeded revenues because year over year the fund had operated with an ending fund balance that carried over which could be budgeted to be spent in a future year to allow the town to utilize past reserves for any upcoming projects.

Commissioner Blundo

disclosed he was a Nye County business owner who participated in the previous program as a business owner and as an individual. He received funds, but he did not believe it would preclude him from participating in this item. Savannah Rucker said the first part of this item would be discussed tomorrow instead of today as a policy did not exist yet. As to the financial update, she had just talked about where the County was in the general fund and the departments and the first page summarized that information. Page 2 summarized the changes in sales tax. Sales tax revenue for November, 2020, was received in January, 2021. It was budgeted at $1 .272 million and came in at $1 .377 million, 8% more than budgeted, which had been the trend over the past months. Mrs. Rucker said that meant the County’s economy was faring better than other parts of the country. February 17, 2021 HEALTH AND HUMAN SERVICES

Commissioner Blundo

made a motion to accept, execute and fund from Project G20003; seconded by Commissioner Carbone; 4 yeas. PLANNING

Commissioner Blundo

mentioned the trailers on Blagg and thought he saw a new one. He asked at what point it became an unsafe condition.

Mr. Waggoner

said outside of the code compliance process the only other option was for them to bring it to the Board to have it declared a nuisance and get direction on how to abate it. That case had been in the system for a long time and the last he heard it was referred to the District Attorney’s Office who was trying to contact a witness who was out of the country at the time and was due to return late last year.

Commissioner Blundo

and Mr. Waggoner discussed a couple of other cases on the list.

Commissioner Cox

noted a lot of cases were closed out and asked if that meant referred to the District Attorney or the situation was remedied or a combination of things. February 17, 2021 41. Presentation of the quarterly report from the Planning Department regarding the status of Code Compliance cases-Cont’d. Code Compliance Officer Amanda Marshall said that meant it was either remedied by the District Attorney’s Office or by the property owner.

Mr. Waggoner

added that it did not necessarily mean the conditions were taken care of. It could have gone to the courtroom and been dismissed or the District Attorney’s Office may not have been able to proceed with charges, but Code Compliance had exhausted their efforts at that point.

Commissioner Blundo

said per the Governor local control to reopen 100% was coming in May. He was not sure if that meant the emergency situation because of the pandemic was over. He suggested revisiting this at the Pahrump meeting in June because more information about reopening would be available in May.

Commissioner Strickland

mentioned the current eviction moratorium.

Commissioner Cox

said as far as she knew there had been no complaints other than one disgruntled tenant. She supported continuing this item.

Commissioner Carbone

asked what Ms. Allison would have to do make it somewhat legal. Brett Waggoner said she attempted to do that. She went to the RPC with a CUP application and a waiver application for development standards, which was denied by the RPC. She appealed it to the Board and the RPC’s decision was upheld. The big concern was the old residential septic system and the residential well being used commercially. Even if the Board had approved the CUP and the waiver, that would all have to be brought into compliance with the State as a commercial septic and well. Mr. Waggoner also mentioned the room tax money the town was missing out on as she did not have a business license either. February 17, 2021 42. For Possible Action Discussion, deliberation and direction to staff regarding setting a date for compliance by the property owner based upon the BOCC’s denial of the appeal application on June 16, 2020, which includes the removal of recreational vehicles and tenants from the subject property, located at 1060 E. Second St., Pahrump, NV, Assessor’s Parcel Number 035-308-02. Constance Allison Property Owner-Cont’d.

Commissioner Carbone

asked if it would have been grandfathered if the original person owned it.

Mr. Waggoner

said yes, as long they did not add any spaces or uses. Michelle Nelson advised the Governor’s Directive 36 governed the moratorium on residential evictions based on the inability to pay rent, which ran through March 31, 2021, and was only for the inability to pay rent other than for tenancy at will. After that deadline it would go through the standard legal process.

Commissioner Blundo

made a motion to continue this item until the Pahrump meeting in June, 2021; seconded by Commissioner Cox.

Commissioner Strickland

said she was still concerned with the septic. John Bosta hoped the Commissioners would be compassionate and give Ms. Allison an opportunity. Tim Bohannon said her situation sounded like a HUD housing need and asked if there was something that could be looked at to address that situation.

Commissioner Blundo

made a motion to approve, execute, and fund $65,625.00 from 10340, Grants, and up to $4,375.00 from 10402, Special Capital Projects; seconded by

Commissioner Carbone

; 4 yeas. February 17, 2021

Commissioner Blundo

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

Commissioner Carbone

made a motion to approve the agreement for sidewalk repair; seconded by Commissioner Blundo; 4 yeas.

Commissioner Carbone

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

Commissioner Carbone

made a motion to approve the agreement for the sidewalk repair with Charlie Pike; seconded by Commissioner Blundo; 4 yeas.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. February 17, 2021

Commissioner Carbone

made a motion to approve the agreement for sidewalk repair with Noemi Rodriguez; seconded by Commissioner Blundo. Chris Mulkerns from the Town of Tonopah thanked Public Works Director Tim Dahl for all of his hard on this.

Commissioner Carbone

hoped the situation with Belmont could be figured out and that the Board did approve it as a town. As to fire equipment for Amargosa, he knew that had been an issue for a while. A meeting needed to be held with the Chief to talk about the issues with the fire department and equipment they needed. Lastly, there was an item today that talked about going against the Code. Commissioner Carbone said if February 17, 2021 51. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshops/agendas)-Cont’d. there was a Code that had been agreed to either the Board should stick to it or change it.

Commissioner Cox

said one of the problems was the County had a lot of antiquated codes that needed to be updated. She offered to work with Commissioner Carbone to make some changes.

Commissioner Blundo

said concerns about theft should be directed to the Sheriff’s Office. He told Tim Sutton he wanted to make sure the letter of support to repeal the commerce tax was done by Friday.

Commissioner Strickland

said that Code changes were being worked on and if a Commissioner wanted to meet with the Planning Director about it he would welcome the input. Brett Waggoner said the Planning Department had been in the process of getting set up with OpenGov, a permitting module that would handle all of the land use applications, map applications, building permit process, Public Works submissions, and business licenses. The target go live date was April 1, 2021, and he would keep the Board updated.

Commissioner Blundo

said he would like to see a code where he could make an acknowledgment and say someone was grandfathered.

Mr. Waggoner

advised they could request a zoning administrator’s determination.

Mr. Sutton

said the new sign at the Calvada Eye was paid for by CARES funding. A similar sign was proposed for the Ruud Center and it was scheduled for installation at the end of March.

Commissioner Strickland

adjourned the meeting. APPROVED this ATTEST: Of ‘i’flv’ 2021. Chai / Nye Conty Clerk I Deputy ) /r/-i