Public meetings / Board of County Commissioners
April 20, 2021
203 turns, 203 with a named speaker, under 13 agenda items. The words and the names are the county clerk's.
2. P r e s e nt ati o n b y t h e Di r e ct o r of E m e r g e n c y M a n a g e m e nt r e g a r di n g t h e st at u s o f
Commissioner Cox
mentioned how medication could play a part in people being suicidal.
Commissioner Blundo
asked if there was an approximate number of people in the County who had received the Johnson and Johnson vaccine Chief Lewis said he could get that number for the Commissioner but advised their use of that vaccine was limited. The majority of the product they administered was the Moderna vaccine.
Commissioner Blundo
asked Chief Lewis if he had any information about the need for a third shot. Chief Lewis said there was talk about that as well as having a booster every year.
3. Commissioners’IManager’s Comments (This item limited to announcements or
Commissioner Blundo
advised AB46, the County’s BDR to repeal the commerce tax, died in committee. He mentioned AB286, which was an anti-gun, anti-Nevadan bill to manage a way to incriminate law abiding citizens. He told Tim Sutton he wanted to have regular discussions on the convention center and field space at the fairgrounds.
Commissioner Blundo
then thanked the people who worked in Nye County and expressed his appreciation for their service to and hard work for the public.
Commissioner Jabbour
said at the last meeting an individual was on the agenda to be appointed to a board. Public comment was heard and that individual asked for his assistance in rebutting those comments. Commissioner Jabbour stated that the individual was not now and had never been a member of the Southern Nevada Water Authority Board of Directors. Those who served on that board were strictly residents of Clark County. CNRWA was a nine-county unit of local government that proactively addressed water resource issues common in those counties, including Nye. They never had the ability to impose or raise taxes in any member county, so what the public commenter alleged regarding the individual’s actions was not possible. The commenter also continuously made the allegations on social media as well as in public meetings and they were simply not true. The commenter stated that the individual had her hands in too many pots and that just leads to too much corruption. Commissioner Jabbour April 20, 2021 3. Commissioners’/Manager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. asked the public when coming up to speak about any individual to be mindful, meaningful, and courteously respectful.
Commissioner Strickland
announced Saturday was Earth Day at Ian Deutch Park. She then pointed out the Second Amendment rights were being hit hard.
7. For Possible Action Discussion and deliberation regarding meeting minutes
Commissioner Blundo
made a motion to approve the March, 16, 2021 and March 24, 2021, meeting minutes; seconded by Commissioner Carbone. Dann Weeks put the Board on notice that the action of appointing Lorinda Wichman at the last meeting would be reviewed by a disinterested third party. Mr. Weeks did not believe the action was legal.
10. 10:00 a.m. For Possible Action Public Hearing, discussion, and
Commissioner Strickland
opened the public hearing. Helene Williams thanked the applicant for scheduling this so far in advance and felt it should be the standard set by the County that if the application was not made within a certain timeframe then the applicant was done for the year.
Commissioner Strickland
closed the public hearing.
Commissioner Blundo
made a motion to approve; seconded by Commissioner Carbone; 5 yeas. April 20, 2021
11. 10:00 a.m. — For Possible Action:
Commissioner Cox
expressed her concerns with the affect this would have on the water issue as well as the density.
Mr. Waggoner
explained the applicant had an intent to serve from the utility company and would have to provide water rights for that service. He said the big difference with a high-rise development was there was no landscaping and the majority of the water used was going down a drain to the sewer treatment plant and reclaimed. Statistically this type of development had far less impact to water than a residential subdivision because of the size of the footprint.
Commissioner Strickland
opened the public hearing. Ammie Nelson felt people would use the same amount of water whether it was stacked or on half an acre.
Commissioner Strickland
closed the public hearing.
Commissioner Carbone
made a motion to approve MP-2021-000016, a minor master plan amendment for approximately 4.79 acres of rural density for the locations at 170, 200, 230 and 260 E. Basin Avenue, Assessor’s parcel numbers 035-561-22 and 035- 561-25; seconded by Commissioner Jabbour; 4 yeas. Commissioner Cox voted nay. hib. For Possible Action Public Hearing, discussion, and deliberation on ZC 2021 -000057: A Zone Change application to change 4.79 acres from the Rural Homestead (RH-4.5) zone to the General Commercial (GC) zone, located at 170, 200, 230 & 260 E. Basin Avenue, Pahrump, NV, Assessor’s. Parcel Numbers 035- 561-22 through 035-561-25. Dave Walnum Property Owner. Western Trade Constructions ApplicantlAqent.
Commissioner Strickland
opened the public hearing. Ammie Nelson reminded the Board that these were parcel numbers 035-561-22 ‘through” 035-561-25, not “and” as stated on the previous motion. April 20, 2021 lib. For Possible Action — Public Hearing, discussion, and deliberation on ZC 2021 -000057-Cont’d.
Commissioner Strickland
closed the public hearing.
Commissioner Carbone
made a motion to approve ZC-2021-000057, a zone change application for 4.79 acres of rural homestead (RH-4.5) zone to the general commercial zone located at 170, 200, 230 and 260W. Basin Avenue, Assessor’s parcel numbers 035-561-22 through 035-561-25; seconded by Commissioner Blundo.
Commissioner Cox
expressed her concern with the water because whatever was put there would be taken from someone else and could prevent further development in the future.
Commissioner Carbone
understood Commissioner Cox’s concern with the water, but he pointed out all rentals were being consumed and it appeared people did not want to build.
Commissioner Strickland
disclosed she was licensed Nevada realtor. She said there was a housing crisis in the County in general and people coming to the valley were being asked to build multi-family homes.
Commissioner Carbone
amended his motion to approved MP-2021-000016, a minor master plan amendment for approximately 4.79 acres of rural density for the location at 170, 200, 230 and 260 E. Basin Avenue, Assessor’s parcel numbers 035-561-22 through 035-561-25; Commissioner Jabbour amended his second; 4 yeas.
Commissioner Cox
voted nay. April 20, 2021
12. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation
Commissioner Jabbour
referred to Mr. Waggoner’s comment in the back-up about room tax. If people stayed over 28 days it would affect those room tax payments. He asked why the County was getting involved with this business as far as what their strategy, game plan and business plan was.
Mr. Waggoner
advised his comment was in response to a question that came from one of the RPC commissioners and the applicant responded just as Mr. Waggoner did. It would be a consideration of interest, but he did not think it should be conditioned.
Commissioner Blundo
pointed out it was a condition and he would entertain removing that.
Mr. Waggoner
said that was not the recommendation from the Planning Department and the RPC put that condition on there.
Commissioner Strickland
opened the public hearing. Ammie Nelson said she supported this item and asked if there would be gaming.
Commissioner Strickland
closed the public hearing.
Commissioner Blundo
made a motion to amend and approve ZC-2021-000058, the application for a conforming zone change of 1 .2 acres from neighborhood commercial to general commercial to allow a hotel located at 2401 5. Homestead Road, Pahrump, Nevada, Assessor’s parcel number 042-391-17 with the amendment to remove the limit of stays to 28 days recommended by the RPC; seconded by Commissioner Jabbour.
Commissioner Carbone
said he did not remember any discussion about gambling at the RPC.
13. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation
Commissioner Blundo
wondered at what point would the County just re-notice it.
Commissioner Carbone
said there were funds paid and he asked if continuing this item would create an issue with that. Maria Zlotek advised the Board had the authority under the Code to continue it even if the fees had been paid. Also, she said Mr. Waggoner may have a recommendation for the date and then it could be re-noticed so it did not become stale.
Commissioner Strickland
opened and closed the public hearing.
Mr. Waggoner
thought two months would be plenty and mentioned the recommendation to continue came from a Deputy District Attorney.
Commissioner Carbone
made a motion to continue this item to July 20, 2021, at 10:00 am.; seconded by Commissioner Blundo; 5 yeas.
14. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation
Commissioner Strickland
opened and closed the public hearing.
Commissioner Blundo
asked if they could be given one year from today.
Mr. Waggoner
said the recommendation for the motion was based on what the applicant had asked for. April 20, 2021 14. 10:00 a.m. For Possible Action — — Public Hearing, discussion and deliberation on ET-2021-000040-Cont’d.
Commissioner Strickland
re-opened the public hearing. Ammie Nelson expressed her concerns about the water use with marijuana businesses concentrated in one area.
Commissioner Jabbour
said this was an existing facility for cultivation and production.
Mr. Waggoner
added all of the facilities in town were very water conscious and reclaimed what they used. Pej Bady, the applicant, asked for a twelve-month end date on the conditional use permit so it did not run out.
Commissioner Strickland
re-closed the public hearing.
Commissioner Blundo
made a motion to approve the extension from March 16, 2021, for one year for SU-201 9-000060 and SU-2020-000068, parcel number 036-60 1 -57; seconded by Commissioner Carbone; 5 yeas. PUBLIC PETITIONER
57. For Possible Action Discussion and deliberation regarding Nye County
Commissioner Blundo
made a motion approve and adopt Prociamation No. P2021-03; seconded by Commissioner Carbone; 5 yeas.
58. For Possible Action Discussion and deliberation to adopt, amend and adopt
Commissioner Carbone
made a motion to adopt Resolution No. 2021-13, a resolution to make Nye County a Bill of Rights sanctuary; seconded by Commissioner Blundo. April 20, 2021 58. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2021-13-Cont’d. Diane Southworth felt this resolution was unnecessary as the entire country believed in the Bill of Rights. She also wanted to protect those rights, but that did not mean everything had to be sanctified. John Bosta supported the resolution. Mark Kampf supported the resolution and felt it would make Nye County a good example for the rest of the country. Ammie Nelson supported the resolution. Joe Burdzinski supported the resolution.
Commissioner Blundo
said he wanted all of the Commissioners to sign the resolution.
Sheriff Wehrly
was present. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD
Sheriff Wehrly
assumed the Chair of the Licensing and Liquor Board. LIQUOR 15. For Possible Action Discussion and deliberation to approve a Retail Liquor License for Best Bet Products, Inc., dba The Grill Room, located at 5001 Club House Drive, Pahrump, NV. Shawn Holmes and Louis Sposato Applicants.—
Commissioner Blundo
disclosed he held a Nye County privilege liquor license, but he did not believe that would preclude him from participating in these matters.
Sheriff Wehrly
asked if there were any outstanding requirements for this application to be completed. Samantha Tackett said yes. The fire inspection had been conducted and there were a few items that needed to be fixed before they could be approved. April 20, 2021 15. For Possible Action Discussion and deliberation to approve a Retail Liquor License for Best Bet Products, Inc., dba The Grill Room, located at 5001 Club House Drive, Pahrump, NV. Shawn Holmes and Louis Sposato Applicants— Cont’d. Shawn Holmes, the applicant, said the marshal came in yesterday. Most things were small housekeeping items. They had 85% of them addressed and were waiting on deliveries to clear up the other items.
Sheriff Wehrly
said the background investigation was complete and Undersheriff Michael Eisenloffel was available to answer questions. Derek Fowler wanted to know if Mr. Holmes disclosed a conversation he had with former Chairman John Koenig and himself as a representative of a group of 350 people opposed to 24-hour liquor service and gaming at the Grill Room at Mountain Falls. Mountain Falls was a quiet neighborhood with bus stops and having a 24-hour bar next to those bus stops Mr. Fowler felt was a public risk. Mr. Holmes had committed during that meeting that he did not need to be open 24 hours. He could be open 5:00 a.m. to 12:00 a.m. Sunday through Thursday and 5:00 a.m. to 2:00 am. on Fridays and Saturdays. Mr. Fowler asked the Board to hold Mr. Holmes to that commitment. Mr. Fowler added Mr. Holmes had also committed to not invite businesses from outside of the community, but there were advertisements on the radio. Ammie Nelson said having the gaming license told her he was a responsible owner.
Mr. Holmes
said there were conversations with former Chairman Koenig and what he said was that he did not have to be open 24 hours to go forward, but he needed a certain amount of operating hours to be successful. He stated he would not do anything that would jeopardize or hurt the neighborhood.
Commissioner Blundo
said he wanted to support the full license, but he wanted a report of incidents in six months to see what was happening instead of considering what might happen.
Commissioner Jabbour
asked Mr. Holmes to clarify his intentions of operating hours during the week and the weekend.
Mr. Holmes
said right now they were running with the golf course hours and shutting the bar down around 10:00 p.m. seven days a week. While gaming would bring in different customers, the extended hours would be tied to the casual gamer who lived in the neighborhood. He said it was still more of a clubhouse tavern and restaurant.
Sheriff Wehrly
asked if the Grill Room would still be contracted out as had been done historically. April 20, 2021 15. For Possible Action Discussion and deliberation to approve a Retail Liquor License for Best Bet Products, Inc., dba The Grill Room, located at 5001 Club House Drive, Pahrump, NV. Shawn Holmes and Louis Sposato Applicants- — Co nt’ d.
Mr. Holmes
advised as the Governor’s mandates had loosened they continued booking. They hosted an unofficial homecoming for the high school, had agreed to do the prom, and would book for third parties who wanted to use it as a venue.
Commissioner Carbone
asked if there was something the community agreed on where they would agree with things as a whole.
Mr. Holmes
said the HOA had an unofficial meeting. The HOA allowed for gaming in the bylaws, but he did not know if the previous operator had a condition on the hours or chose them. Mr. Holmes stated he would do what was in the best interest of both the community and the business.
Commissioner Carbone
asked what the outcome of that meeting was.
Mr. Holmes
said it was a mixed group of people who were all there for a say no to gaming meeting, but then a lot came back to him and said they wanted gaming but not 24-hour liquor. He said he would look at doing a last call for liquor and have gaming continue, but he did not know if he could do that and had to look into the regulations.
Commissioner Blundo
made a motion to approve the retail liquor license for Best Bet Products dba The Grill Room located at 5001 Club House Drive, Pahrump, Nevada, with the conditions that the items that needed to be addressed got addressed and as soon as they were the license would be issued; seconded by Commissioner Carbone.
Commissioner Strickland
believed it would be a temporary conditional liquor license until the applicant met the criteria for the fire marshal and then it would revert to a permanent license upon completion of that inspection. Chris Arabia advised a temporary license with conditions was proper.
Commissioner Blundo
withdrew his motion; Commissioner Carbone withdrew his second.
Commissioner Strickland
made a motion to approve a temporary liquor license conditioned upon the approval of the fire marshal inspection and then the license would go to permanent; seconded by Commissioner Carbone; 5 yeas.
Commissioner Strickland
assumed the Chair of the Board of County Commissioners. April 20, 2021 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 16. For Possible Action Discussion and deliberation regarding verbal or written activity reports provided by Town of Pahrump Committees: Pahrump Arena Advisory Committee, Nuclear Waste and Environmental Advisory Committee, Pahrump Off Highway Vehicle Park Advisory Committee, Pahrump Parks and Recreation Advisory Committee, Pahrump Public Lands Advisory Committee, Pahrump Tourism Advisory Committee, or Pahrump Veterans Memorial Advisory Committee, and direction from the Board regarding the verbal activity reports. John Pawlak provided an update on the activities of the Pahrump Nuclear Waste and Environmental Advisory Committee.
Commissioner Carbone
provided an update on the activities of the Tourism Board and the Veteran’s Memorial Advisory Committee. 17. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2021 -2022 final budget for the Town of Pahrump.
Commissioner Carbone
made a motion to approve a time and date of May 18, 2021, at 10:00 am.; seconded by Commissioner Blundo; 5 yeas. 18. For Possible Action Discussion and deliberation to appoint two members to the Pahrump Parks and Recreation Advisory Committee due to two vacancies from the following list of applicants: Eugene Frank and Vanessa Simmons.
Commissioner Carbone
made a motion to appoint Vanessa Simmons to the Pahrump Parks and Recreation Advisory Committee for a term of two years; seconded by
Commissioner Blundo
; 5 yeas. 19. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject the agreement with Musco Sports Lighting for the purpose of the purchase and installation of Sports Lighting for the Town of Pahrump Arena utilizing the Interlocal Purchasing Cooperative Agreement with Sourcewell. There is no funding associated with this agreement.
Commissioner Blundo
made a motion to approve; seconded by Commissioner Carbone; 5 yeas. April 20, 2021 20. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve or reject the Memorandum of Understanding between the Town of Pahrump and the Pahrump Valley Model Aviators for use of flying radio- controlled airplanes at the Pahrump Valley Fairgrounds; and 2) Execute the agreement. There are no costs associated with this agreement.
Commissioner Carbone
made a motion to approve the memorandum of understanding between the Town of Pahrump and Pahrump Model Aviators and execute the agreement; seconded by Commissioner Jabbour; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 21. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2021 -2022 final budget for the Town of Beatty.
Commissioner Jabbour
made a motion to set a date, time, and location for a public hearing to formally adopt the FY2021-2022 final budget for the Town of Beatty for May 18, 2021, at 10:00 am.; seconded by Commissioner Blundo; 5 yeas. 22. For Possible Action Discussion and deliberation to: 1) Accept a grant from the State of Nevada, Commission on Tourism for the Town of Beatty in the amount of $3,748.00 with a required match amount of $3,748.00 to be used to continue the social media campaign promoting Beatty as open for visitors; 2) Execute the award documents; and 3) Fund from 24220 Beatty Room Tax.
Commissioner Jabbour
made a motion to 1) accept the grant from the State of Nevada Commission on Tourism for the Town of Beatty in the amount of $3,748.00 with a required match amount of $3,748.00 to be used to continue the social media campaign promoting Beatty as open for visitors; 2) execute the award documents; and 3) fund from 24220, Beatty Room Tax; seconded by Commissioner Blundo; 5 yeas. GABBS 23. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2021-2022 final budget for the Town of Gabbs.
Commissioner Jabbour
made a motion to set a date, time, and location for a public hearing to formally adopt the FY2021-2022 final budget for the Town of Gabbs as May 18, 2021, at 10:00 a.m.; seconded by Commissioner Blundo; 5 yeas. April 20, 2021 MANHATTAN 24. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2021 -2022 final budget for the Town of Manhattan.
Commissioner Jabbour
made a motion to set a date, time, and location for a public hearing to formally adopt the FY2021-2022 final budget for the Town of Manhattan as May 18, 2021, at 10:00 a.m.; seconded by Commissioner Blundo; 5 yeas. AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT 25. For Possible Action Discussion and deliberation regarding a request to set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2021 -2022 final budget for the Pahrump Pool District.
Commissioner Carbone
made a motion to set the time, date, and location for a public hearing to formally adopt the FY2021-2022 budget for the Pool District as May 18, 2021, at 10:00 am. in Pahrump; seconded by Commissioner Jabbour; 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. 26. For Possible Action Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens.
Commissioner Blundo
made a motion to approve items 26-28; seconded by
Commissioner Carbone
. Regarding item 28, Commissioner Jabbour stated his understanding that Beatty withdrew from the County program for the seniors and that there was a 501(c)(3). There were two homebound people in Beatty served meals by that organization so there was a discrepancy in Beatty requesting money for this program. Commissioner Jabbour thought the item should be brought back.
Commissioner Carbone
withdrew his second.
Commissioner Blundo
withdrew his motion. April 20, 2021 26. For Possible Action Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens-Cont’d.
Commissioner Blundo
made a motion to approve items 26-27; seconded by
Commissioner Carbone
; 5 yeas. 27. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in July for Tuesday, July 20, 2021 in Pahrump, NV.
Commissioner Blundo
made a motion to approve items 26-27; seconded by
Commissioner Carbone
; 5 yeas. 28. For Possible Action Approval to: 1) Accept the SFY 2021 Notice of Sub- Award (NOSA) from the Nevada Aging and Disability Services Division (ADSD) in the amount of $7,955.00 to provide commodity food funding for congregate and homebound nutrition services at the Tonopah Senior Center, as well as homebound services in Beatty, Nye County; 2) Execute the Sub-Award; and 3) Fund $7,955.00 from 10281 Senior Nutrition.
Commissioner Jabbour
made a motion to continue this item for further review. Maria Ziotek advised if the Board continued this item it would be agendized the same, If there was no motion it would die and then it could be brought back.
Commissioner Jabbour
withdrew his motion.
Commissioner Blundo
asked if changes were made so a firm could apply now. Lorina Dellinger advised the contract read attorney or a panel of attorneys.
Commissioner Blundo
made a motion to approve the contract for public defender services for Pitaro & Fumo, CHTD; seconded by Commissioner Carbone.
Commissioner Strickland
referred to the report in the back-up. She had conversations or e-mails with Justices of the Peace Jennifer Klapper, Gus Sullivan, Lisa Chamlee, and Kent Jasperson. She had not spoken to the other two judges, but she did speak with former Commissioner Lorinda Wichman who sat on the Board of Indigent Defense. Everyone had differing opinions as to whether a law firm was better or a single attorney was better. Commissioner Strickland said she wanted to make perfectly clear that the rural areas were not getting support from the current indigent defense program that was being administered through the Public Defender’s Office and that was what the justices and judges told her they did not like. She told whoever got the contract that they needed to show up in court to discuss the cases.
Commissioner Blundo
commented the Board was responsible to hire the most qualified attorneys for the indigent. Tim Bohannon knew the County was very spread out and he wondered about the possibility of leveraging remote. April 20, 2021 35. For Possible Action Discussion and deliberation to approve, amend and approve or reject one contract for Public Defender Services from the following list of applicants: Nadine Morton, Jherna Shahani and Pitaro & Fumo, CHTD-Cont’d. Chris Arabia thought there was going to be more remote in the future. It could also be that there was a dividing line between how important the hearing was. One of the issues over the last 13 or 14 months was there were times remote would not work and the lawyers and client needed to be sitting next to each to communicate. The other thing was dealing with people facing life and death situations. In order to develop a rapport for the clients to trust the lawyer there had to be some personal interaction that
Mr. Arabia
thought should be face to face. Ammie Nelson said she remembered another item involving defense attorneys for the County. A firm came up in one of the conversations and she thought it was discussed that a firm was not wanted as one attorney might be assigned who could not make it to a trial so another would be assigned which would be another expense. Thomas Pitaro from Pitaro & Fumo said they envisioned with the six attorneys they had they would be able to staff every day without worrying about people being out sick or on vacation. He said if his firm got the contract they would be more than happy to sit down with County staff to work out rules and regulations. Jherna Shahani said she did not realize the contract would be amended during the renewal period, however, she also owned her own firm as a solo practitioner and would be able to attend in any area in the State given she managed her own scheduling. Also, if she were to receive the contract she would lighten her personal caseload. She advised she was only approved up to felony B charges and was not approved for felony A charges or capital cases. Ms. Shahani was not sure if that made her ineligible, but she said she was very interested in the position.
Commissioner Blundo
thought the item was self-explanatory, but the County Manager felt he needed the Board’s blessing to have all of the Commissioners sign resolutions.
Commissioner Carbone
was concerned about the availability of the Commissioners to sign and the delay that might occur. He wondered if the Commissioners would like to look at electronic signatures.
Commissioner Jabbour
felt signing resolutions was the Chair’s responsibility, which was usual and customary. April 20, 2021 36. For Possible Action Discussion and deliberation to consider formatting all resolutions adopted by the Board of County Commissioner to be signed by all Commissioners-Cont’d.
Commissioner Blundo
stated this was not a reflection on the Chair. It was about the Commissioners being able to affirm their name to their vote when they supported items. He understood proclamations automatically came with five signatures and he was trying to make everything consistent.
Commissioner Jabbour
asked the Clerk to explain the process after the vote was taken as to how the documents were submitted. Sam Merlino explained the Chair would sign once the Board approved the documents and her office then distributed those as necessary. Many times the Clerk attested to those signatures so as far as e-signing a District Attorney’s Office opinion would be needed. Proclamations had always had the five signatures and she did not know the reason for that other than normally it was a statement the Board supported. Ordinances showed the vote of the Commissioners while resolutions did not.
Commissioner Blundo
asked Tim Sutton why he thought he needed this item.
Mr. Sutton
responded because historically resolutions were signed by the Chair.
Commissioner Strickland
was not opposed to having five signatures, but she would like staff to look into e-sig fling. John Bosta wondered what would happen if a resolution was passed three to two. If all five Commissioners signed then it would imply all of them voted for the resolution. He thought there should be an area for dissenting Commissioners to sign.
Commissioner Strickland
felt if someone sat on the Board and a decision was made by the Board that decision should be carried out by the Board and in public as well.
Commissioner Jabbour
asked the District Attorney if there was an issue with having yeas and nays columns. Chris Arabia said he would like to look into that because it seemed like the idea here was to codify something.
Commissioner Blundo
made a motion to approve; seconded by Commissioner Carbone.
Commissioner Cox
agreed with Mr. Bosta. She thought the way it had been done with the Chairman signing was fine or doing a yea or nay was fine, but if she felt strongly enough to vote against a resolution she would like her voice heard also. She said she could not agree with the change unless there were columns for yeas and nays and suggested amending the motion. April 20, 2021 36. For Possible Action Discussion and deliberation to consider formatting all resolutions adopted by the Board of County Commissioner to be signed by all Commissioners-Cont’d.
Commissioner Blundo
thought the County Manager was hearing the discussion and asked Mr. Sutton if it was good enough direction.
Mr. Sutton
said it was not. He mentioned Commissioner Blundo asked earlier why this was not just implemented per his request and Mr. Sutton felt this 20-minute discussion answered that. This was not a simple issue and he was not trying to make it complicated, but he did not feel he had clear direction.
Commissioner Carbone
withdrew his second.
Commissioner Blundo
withdrew is motion.
Commissioner Blundo
made a motion to approve all resolutions adopted by the Board of County Commissioners to be able to be signed by all Commissioners with two columns, one with yeas and one with nays.
Commissioner Carbone
asked if that motion could be made based on how the agenda item was written. Maria Zlotek said yes because it was inferring the resolution was passed and adopted. Therefore, adopted would only have a majority and she felt it was germane to the motion. She pointed out that ordinances also had a column for absents.
Commissioner Jabbour
seconded the motion to approve all resolutions adopted by the Board of County Commissioners to be signed by all Commissioners with two columns, one with yeas and one with nays.
Mr. Sutton
wondered if an abstain column would be needed as well. If direction was given then those two columns would be added as well as absent and abstention columns.
Commissioner Carbone
suggested adding electronic signatures to the motion.
Mrs. Merlino
asked if she could attest to e-signatures.
Mr. Arabia
did not want to say yes because there were still things that had to be notarized. He said probably, but he did not think probably was a sufficient answer.
Commissioner Blundo
amended his motion to approve all resolutions adopted by the Board of County Commissioners to be signed by all Commissioners with two columns, one with yeas and one with nays, and include e-signatures; Commissioner Jabbour amended his second; 5 yeas. April 20, 2021 37. Presentation by Darryl Lackey regarding a proposed project idea to address homelessness in Pahrump. Darryl Lackey discussed how he invented a shed-type of building to help the homeless which utilized rain collection and solar power. The people who were interested in owning one would learn how to build it themselves and then become teachers to other people in other locations. His program would also help clean up the town. He was asking for $50,000.00 in seed money and for use of County property to start his program. Mr. Lackey would not need power on the County property as he was all solar and the parcel he was interested in had water and sewer already.
Commissioner Jabbour
mentioned the liability factor with this.
Mr. Lackey
felt that could be addressed with people signing a waiver.
Commissioner Cox
wondered if the CARES money could be used for this. Savannah Rucker said if the Board decided to move forward there were a couple of options. It could only be funded out of the general fund through contingency, so the Board would have to approve the project and the funding. CARES funding was available for non-profits and not-for-profits, but if the applicant did not have his business set up like that then maybe public assistance could be looked at.
Commissioner Cox
asked about the veterans’ fund.
Mrs. Rucker
said that fund had $50,000.00 available.
Commissioner Strickland
said since the item was written as presentation only there would be no vote. CLERK 38. For Possible Action Discussion and deliberation to appoint one member to the Amargosa Valley Town Board due to one resignation from the following list of applicants: John 0. Denilofs and Wesley B. Jensen.
Commissioner Jabbour
made a motion to appoint John D. Denilofs to the town board due to the resignation of Deborah Scriven; seconded by Commissioner Blundo; 5 yeas. 39. For Possible Action Discussion and deliberation to appoint two members to the Beatty Library District due to two resicinations from the following list of applicants: Frank Suchy.
Commissioner Jabbour
made a motion to appoint two members to the Beatty Library District due to two resignations from the following list: Frank Suchy; seconded by
Commissioner Blundo
; 5 yeas. April 20, 2021 40. For Possible Action Discussion and deliberation to appoint one member to the Pahrump Library Board due to one resignation from the following list of applicants: Brenda Gibbons, Patricia Henderson, Daniel Kleis, John Pawlak and Joanne Valenti. This item was removed from the agenda. COUNTY MANAGER 42. For Possible Action Discussion and deliberation to approve, amend and approve or reject the Nye County Mitigation and Enforcement Plan. Tim Sutton explained the plan in the back-up was requested by the State in order to fully reopen the County. The plan provided for no mandatory capacity restrictions; no mandatory social distancing; no mandatory sanitizing: and no requirement for large event plans to be approved by the State moving forward. The plan also provided that the County would continue to monitor daily new cases, daily tests, test positivity rates, daily vaccination rates, daily COVID deaths, daily hospitalization rates, and daily IOU and ventilator use. Under the plan the County would continue to provide vaccination pods and information about testing as well as PPE in the priorities listed in the plan. Mr. Sutton said there were two changes he wanted to make due to the Governor’s press conference. First, there was typographical error on page 4 and the last sentence should read “contact” instead of “contract.” The next change was on page 6 under public sector work plans to support in-person or work-from-home services. He wanted to remove language stating mask mandates, social distancing, and sanitization protocols remained in place. Mr. Sutton said per the State guidelines this plan was required to be approved by the Superintendent of Schools and the CEO of the hospital and he received approval from both of those bodies.
Commissioner Strickland
thought the teleconferencing would no longer be needed and she gave the County Manager that directive.
Commissioner Carbone
felt there were people who would still want to call in.
Commissioner Strickland
asked for an agenda item regarding that. Samantha Tackett mentioned there were 26 callers on the line right now. She asked to keep the teleconferencing in place as long as the County’s plan was in place. She noted there were contracts that had to be considered before the teleconferencing was discontinued.
Commissioner Cox
asked since the mask mandate, social distancing and sanitation was removed if people would have to sit with a mask on. April 20, 2021 42. For Possible Action Discussion and deliberation to approve, amend and approve or reject the Nye County Mitigation and Enforcement Plan-Cont’d.
Commissioner Strickland
said it was removed from this document but it was still a Governor mandate.
Mr. Sutton
said the State’s position was the counties did not have the authority to pass any resolution on the mask mandate. He was also told by counsel that the action taken by the Board at the last meeting regarding the mask mandate was void and of no effect. Ammie Nelson said she was all for opening up, but she wanted more information about the ramifications if it was not done properly. Tim Bohannon said wearing a mask or not wearing a mask was an individual choice and the protection the District Attorney provided gave a fallback position. Chris Arabia mentioned Commissioner Carbone had asked him a question as to whether he would defend the Commissioners. He said he would, but if the Attorney General sued that could be a situation that would limit his ability to defend them.
Mr. Bohannon
asked that more information on the impact be provided to the public. Helene Williams recommended the Commissioners listen to the District Attorney and asked that they please be careful.
Commissioner Blundo
made a motion to approve the amended plan; seconded by
Commissioner Cox
mentioned how removing any reference to the social distancing, mask mandate and sanitizing might be misconstrued as those mandates were still in place.
Mr. Sutton
read a portion of a document clarifying last week’s press conference. It said Directive 44 made it clear that if any provision of a local plan adopted by a county conflicted with the required statewide mitigation measures such as the mandated face coverings per Directive 24 that provision was void. He said whether the Board put it in or took it out it did not matter since the State would not recognize it.
Commissioner Carbone
asked if the Comptroller confirmed there were sufficient funds in the general fund for the 60% portion of this.
Mrs. Rucker
said the funding split was based on the workload associated with this position.
Commissioner Blundo
expressed his frustration with using the general fund for this and said he would only support a motion if the funds came 100% out of the jail fund. Captain Boruchowitz pointed out this was a need for both the jail and the Sheriff’s Office, not just the jail.
Commissioner Carbone
made a motion to support the request for an additional full-time permanent position for the Nye County Sheriff’s Office-Finance Department titled Financial Assistant II, fund 60% from the General Fund 10101 and 40% from the Jail Fund 10236 and make it effective May 1, 2021; seconded by Commissioner Jabbour.
Commissioner Carbone
asked staff to provide information on the ICE contract.
Commissioner Blundo
made a motion to set the date and time of May 18, 2021, for the public hearing at 10:00 a.m.; seconded by Commissioner Carbone; 5 yeas. 44. For Possible Action Discussion and deliberation regarding the budget status for February 2021 for Nye County and all sub-entities for Fiscal Year 2021. Tim Bohannon asked about the negative balances in the grants and animal control funds. Savannah Rucker said the back-up now included a report comments page to highlight issues based on a recommendation from Mr. Bohan non. Several departments were forecasted to end the fiscal year over budget in salaries because of the budgeted 4.6% vacancy rate in FY21, including animal control, and the departments had not incurred the turnover necessary to generate the savings so some of those departments would require augments. Some departments were also running over in their services/supplies budgets and may require an augment by the end of the fiscal year. Revenues were coming in in excess of what was budgeted due to conservative budgeting so Mrs. Rucker and her team would present an augment to the Board to rectify the issues sometime in June. She then discussed the airport fund, the jail fund, the building fund, the grants fund, and the water enterprise fund. She explained the grants fund was identified as being over budget in revenue and expenditures because of CARES funding that came to the County. That fund was an automatic augmentation and the County was not required to take any action on the budget for that fund. The budget to actual revenue report showed revenues projected to be at $46.392 million, which was 106% of what was budgeted, and that excess could be used to rectify issues in the departments. 45. For Possible Action Discussion and deliberation to fund previously approved contracts with Marquis Aurbach Coffing from the Nye County General Contingency Fund not to exceed $50M00.00.
Commissioner Blundo
disclosed that Marquis Aurbach Coffing was a POOL attorney.
Commissioner Carbone
made a motion to fund previously approved contracts for Marquis Aurbach Coffing from the contingency fund not to exceed $50,000.00; seconded by Commissioner Blundo; 5 yeas. April 20, 2021 46. For Possible Action Discussion and deliberation regarding an appeal request from ACC Enterprises, LLC. pursuant to the Dispute Process within the Nye County COVID Relief Program and Policy to allow their application to be considered in the review process of the Nye County COVID Relief Program and Policy: Small Business Grant Program due to the employee count exceeding thirty employees, a stipulation of the parameters.
Commissioner Blundo
disclosed for items 46-52 that he was a Nye County business owner for the past 15 years and in an abundance of caution he would recuse himself from those items.
Commissioner Blundo
was not present.
Commissioner Strickland
asked why there was no monetary number associated with this item. Grants Administrator Samantha Kramer explained she was requesting that the Commissioners decide if they would like to accept this application in the program since the company exceeded the 30-employee threshold. She then asked to hear items 47- 50 in a different order than they were agendized because she did not submit the items in the order of the first application received.
Commissioner Strickland
asked if there was enough money to administer all of them.
Mrs. Kramer
said there was not enough funding in the public assistance administered by non-profits, not-for-profits, and charities. After this item she would like to go to items 50, 48, 47, and then 49 in that order. Steve Radusch from ACC Enterprises said they were asking to be considered even though they did exceed the 30 employees. He said they currently had approximately 55 employees and out of those 55 employees almost all of them were Pahrump or Nye County employees that they kept on board during the pandemic. Revenues during the early part of 2020 declined significantly because of the closing of dispensaries in Nevada which led them to fall behind in some of their payables.
Commissioner Carbone
made a motion to accept the request from ACC Enterprises for $50,000.00 from the small business grant program; seconded by Commissioner Jabbour. Maria Zlotek advised the agenda item was to allow the application to be considered in the review process, not for a motion for a specific amount to be allotted. The motion would be to approve the appeal to allow the application to be considered in the review process. April 20, 2021 46. For Possible Action Discussion and deliberation regarding an appeal request from ACC Enterprises, LLC. pursuant to the Dispute Process within the Nye County COVID Relief Program and Policy to allow their application to be considered in the review process of the Nye County COVID Relief Program and Policy: Small Business Grant Program due to the employee count exceeding thirty employees, a stipulation of the parameters-Cont’d.
Commissioner Carbone
amended his motion to approve the appeal to allow the application to be considered in the review process; Commissioner Jabbour amended his second; 4 yeas. 50. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from Tails of Nye County, Inc. under the Nye County COVID Relief Program and Policy: Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities in the amount of $30,000.00. Merlene Fletcher and Nancy Gum were present representing Tails of Nye County. They were the only group in the County that provided low-cost spay/neuter services. The demand for their services increased during the pandemic as people became unemployed or partially employed. They also received additional service requests from seniors who lived on a fixed income and began to feel the squeeze between the rising cost of pet food and the normal services required for daily life. They asked for $30,000.00 which would be used to spay/neuter dogs and cats, pet food, and emergency veterinarian services. Pat Minshall felt the amount should be doubled for Tails of Nye County as they did a fantastic job. Joe Burdzinski saw four items on the agenda and understood there was not enough money for all of them. He hoped the Board would consider adjusting the amounts of the grants so each applicant could get something.
Mrs. Kramer
advised this program was allocated $100,000.00 and was over-budget with the pending applications by $100,309.00.
Commissioner Strickland
asked which line item she could take $101,000.00 if she wanted to. She noted several of the programs were over budget.
Commissioner Jabbour
asked to hear item 51 as he knew it would be amended. This item was tabled until later in the meeting. April 20, 2021 51. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from the Northern Nye County Hospital District under the Nye County COVID Relief Program and Policy: Sub- entity Program in the amount of $738,683.14. Tim Gamble, Chairman of the Northern Nye County Hospital District (NNCHD), said he understood this issue had been before the Board a couple of times. Given the hardships that the County was experiencing with the other funds and the issues the Commissioners had with a previous invoice in the back-up dated March 10, 2020, he said he would be amenable to reducing the request to $538,683.14 to give an extra $200,000.00 to work with, which was the amount of the invoice in question.
Commissioner Jabbour
said he knew there was another application and asked if he was allowed to discuss that.
Mrs. Kramer
said she had not received an application, but it was for $200,000.00.
Commissioner Jabbour
said it was mentioned at one of the meetings where Amargosa Valley expressed a desire to acquire a back-up generator for the community for a cost of approximately $200,000.00. He spoke in support of that back-up generator because there would be an emergency some day and that needed to be in place as soon as possible. With that being said, Commissioner Jabbour noted mathematically the County still needed assistance for the other entities.
Mr. Gamble
asked how much was needed.
Mrs. Kramer
said the program was short $100,309.00 for the other entities with the possible application from Amargosa Valley for between $1 50,000.00 and $200,000.00. If the remaining balance was moved to the public assistance administered by non- profits an additional $40,000.00 was needed to approve all applications currently received under the public assistance administered by non-profits, not-for-profits, and charities.
Mr. Gamble
said to further amend his request down to $498,683.14.
Mrs. Kramer
said that would leave a remaining balance in the sub-entity program of $101,316.86, which exceeded the negative balance in the other program. She suggested closing the program out along with any other programs that no longer had funding available.
Commissioner Jabbour
made a motion to amend and approve the application from the NNCHD under the Nye County COVID Relief Program and Policy sub-entity program in the amount of $498,683.14; seconded by Commissioner Carbone. Tim Bohannon asked if there were any other applications coming in. April 20, 2021 51. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from the Northern Nye County Hospital District under the Nye County COVID Relief Program and Policy: Sub- entity Program in the amount of $738,683.14-Con’td.
Mrs. Kramer
said just the one from Amargosa for $200,000.00. After this item was discussed the program would be closed. John Bosta thanked Commissioner Jabbour for bringing up the Amargosa project. Ammie Nelson stated there was no hospital in Tonopah and wanted more information as to why the money was needed by the NNCHD.
Commissioner Carbone
noted the NNCHD had paid for work done prior to the program becoming effective and asked if there was a plan for that.
Mr. Gamble
explained the work was started after discussion in March as the pandemic was coming up. The discussion was the clinic in Tonopah was not of sufficient standing to handle what may be coming. A big chunk was outlaid just to address having COVID patients come to the clinic in Tonopah.
Commissioner Carbone
asked how many COVID patients went to the clinic.
Mr. Gamble
said he would defer to Chief Scott Lewis on that. He noted the clinic was the primary care and urgent care provider for Tonopah and most of the northern Nye County area for the last several months. The hospital had been closed since 2015 and an ancillary building was being used to see patients the entire time on a telemedicine basis, but it was not necessarily in shape to see infectious patients. Mr. Gamble offered to meet with the Commissioners when they were in Tonopah to show them the plans.
Commissioner Carbone
made a motion to approve the application for Tails of Nye County, Inc., under the Nye County COVID Relief Program for an estimated $30,000.00; seconded by Commissioner Jabbour; 4 yeas. 48. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from Nevada Rural Counties RSVP Program, Inc. under the Nye County COVID Relief Program and Policy: Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities in the amount of $11,732.00. Molly Waite from Nevada Rural Counties RSVP Program presented their application for $1 1,732.00. She explained 30% of the County’s population were seniors 65 years old and above. Their programs helped the seniors in the County live independently. Their services cost RSVP $46,656.00 and they were asking the County for 24% of that cost, which was $1 1,732.00. Tonya Brum added they provided services for seniors and the volunteers and homemakers had stepped up to the plate and gone above and beyond assisting the seniors with shopping and transportation. The services were free, but they did take donations. Willy Baer was a new member of the board and said as a senior she felt privileged because unfortunately many of the people in the RSVP Program were not. The population of the County was growing with primarily seniors so the services of RSVP were needed now more than ever and would continue to grow as the population did.
Commissioner Carbone
made a motion to approve the application for the Nevada Rural Counties RSVP Program under the COVID Relief Program for $11,732.00; seconded by
Commissioner Jabbour
; 4 yeas. 47. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from Faith for Action under the Nye County COVID Relief Program and Policy: Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities in the amount of $113,576.88. Harry Argos said Angela Reinold was the CEO of Faith for Action and she created this program for mini-villages over a year ago to assist the homeless with their drugs and/or alcohol problems to give them a second opportunity to join society. April 20, 2021 47. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from Faith for Action under the Nye County COVID Relief Program and Policy: Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities in the amount of $113,576.88-Cont’d. Sparkle Payne explained Faith for Action was created in 2019 to respond to the ongoing suffering due to the lack of resources in the community. Their mission was to implement resources and programs to improve and empower the quality of life of the ones they served who were living in poverty. Ms. Payne listed the various programs they offered and the average number of participants in each. She said the main amount they were requesting was $80,000.00 to expand their programs. Ammie Nelson said she wanted to speak on item 48 but public comment was not taken.
Commissioner Carbone
asked if $80,000.00 was being looked for.
Ms. Payne
said after listening to the concerns about the budget she went down to $80,000.00 to try to help the other applicants as well.
Commissioner Carbone
made a motion to approve the application of Faith for Action under the Nye County COVID Relief Program and Policy for an adjusted number of $80,000.00; seconded by Commissioner Jabbour; 4 yeas. 48. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from Nevada Rural Counties RSVP Program, Inc. under the Nye County COVID Relief Program and Policy: Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities in the amount of $11,732.00-Reopened. This item was reopened for public comment only. Ammie Nelson gave Tonya Brum and Willy Baer kudos. She said her neighbor used respite before she passed and they came in and relieved her caregiver for a couple of days. 49. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from RCBLV Our Lady of the Valley Roman Catholic Church under the Nye County COVID Relief Program and Policy: Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities in the amount of $45,000.00. Rick Minch presented their application. He said their donations went to zero at the beginning of the pandemic when they had to close their doors which caused financial troubles. April 20, 2021 49. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from RCBLV Our Lady of the Valley Roman Catholic Church under the Nye County COVID Relief Program and Policy: Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities in the amount of $45,000.00-Cont’d. John Bosta suggested if possible to raise the amount of money given to the church by the donations made by other applicants. Pat Minshall pointed out there was no breakdown on how they would use this money while there were in the other applications. She thought that should have been done and did not think a blanket amount to be used anywhere was acceptable. Joe Burdzinski thanked the Board for considering this application.
Mr. Minch
explained the funding would be used to hire a youth minister on a part-time basis for approximately $8,000.00 and the rest would go to programs for seniors and veterans as well as other parish programs.
Commissioner Carbone
made a motion to approve the application for RCBLV Our Lady of the Valley Roman Catholic Church under the Nye County COVID Relief Program for the amount of $45,000.00; seconded by Commissioner Jabbour; 4 yeas. 52. For Possible Action Presentation, discussion, deliberation and possible amendment of the 2021 Nye County COVID Relief Program and Policy to provide financial assistance to the public, small businesses, non-profits, and government agencies located within Nye County affected by the COVID-19 Pandemic health emergency. Samantha Kramer directed the Commissioners to page 5 and asked for guidance as to whether the applicant should return the original small business affidavit to the Finance Office or if a digital copy was acceptable.
Mrs. Kramer
said the verbiage to be added would state it was agreed and understood between the parties that a facsimile, photocopy, scanned PDF, or electronic signature was as effective as an original, to which all Commissioners agreed.
Mrs. Kramer
said she received applications with established State business licenses by the August 19, 2020, date but not town licenses. She asked if the Commissioners would like to add that the Town of Pahrump business license could be established or brought current after the date, but the State business license must have been established by or before August 19, 2020. She explained that would allow for approval of more applications on a first come first served basis. April 20, 2021 52. For Possible Action Presentation, discussion, deliberation and possible amendment of the 2021 Nye County COVID Relief Program and Policy to provide financial assistance to the public, small businesses, non-profits, and government agencies located within Nye County affected by the COVID-19 Pandemic health emergency-Cont’d. All of the Commissioners agreed to that change. The discussion then turned to the funding allocation. Mrs. Kramer reviewed the applications submitted and approved for each program as well as the remaining balances.
Commissioner Strickland
suggested closing out the sub-entity and the public assistance programs and let the other programs run their course until the money was gone based on first come first served.
Commissioner Carbone
made a motion to close the sub-entity program under the Nye County COVID Relief Program at this time; seconded by Commissioner Jabbour. Tim Bohannon thought he heard the small business grant was overspent by $1 .9 million, but the remaining balance was $915,498.70 as a negative and asked if that was correct.
Mrs. Kramer
said the negative remaining balance was $1,100,498.70.
Commissioner Carbone
made a motion to close the public assistance administrated by non-profits and not-for-profit section of the Nye County COVID Relief Program; seconded by Commissioner Jabbour; 4 yeas.
Commissioner Carbone
made a motion to close out the small business grant program under the Nye County COVID Relief Program; seconded by Commissioner Jabbour. Tim Bohannon pointed out that program was over by $1 million so as the Board deliberated the allocations he asked them to consider spreading them in a fairly equitable manner. If there were alternatives available that information should be provided to the applicants.
Commissioner Carbone
made a motion to have any funds left in any of the categories roll into the contingency; seconded by Commissioner Jabbour; 4 yeas. HEALTH & HUMAN SERVICES 53. For Possible Action Discussion and deliberation to reauthorize the District Attorney’s Office to assist the Nye County Public Guardian’s Office on all present and future cases pursuant to NRS 253.215.
Commissioner Blundo
made a motion to reauthorize the District Attorney’s Office to assist the Nye County Public Guardian’s Office on all present and future cases pursuant to NRS 253.215; seconded by Commissioner Carbone; 5 yeas. April 20, 2021 PLANNINGIBUILDINGICODE COMPLIANCE 54. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a Letter of Agreement with Holistic Engineering and Land Management (HELM) for topographic data in support of scoping and performing the Pahrump Phase I Risk Mapping Assessment and Planning (MAP) Program; 2) Execute the Letter of Agreement; and 3) Approval to waive the GIS Program Fees in the amount of $4000.00.
Commissioner Blundo
made a motion to 1) approve, 2) execute, and 3) approve the waiver of the program fees of $4,000.00; seconded by Commissioner Carbone; 5 yeas. PUBLIC WORKS 55. For Possible Action Discussion and deliberation to accept an offer of dedication for road right-of-way being a 40.00 foot right-of-way dedication for East Basin Avenue and a 30.00 foot Right-of-way dedication for East Wilson Road along the North and South sides of Assessor’s Parcel Number 035-311-02 from Mrkulic Investments, LLC., and designate as a “General County Road” (accepting maintenance) for the purpose of future road improvements when Nye County improves East Basin Avenue and East Wilson Road fronting the property located at 700 East Wilson Road, Pahrump, NV, Assessor’s Parcel Number 035-311-02.
Commissioner Blundo
made a motion to accept the dedications of road-right-of ways and designate them as general County roads accepting maintenance for the purposes of future road improvements when Nye County improved East Basin Avenue and East Wilson Road; seconded by Commissioner Carbone; 5 yeas. 56. For Possible Action Discussion and deliberation to: 1) Determine that a public purpose may be served by the acquisition of the real property more particularly described as Assessor’s Parcel Nos. 018-243-05, 019-551-17, 028-125- 03, 029-661-05, 029-668-06, 029-675-02, 030-291-22, 030-301-09, 030-312-09, 030- 31 2-12, 030-31 2-1 5, 035-263-08, 045-243-29, 047-131-05; 2) Consider the application made to the Board of County Commissioners by Nye County Public Works for permission to acquire the real property described as Assessor’s Parcel Nos. 018-243-05, 019-551-17, 028-125-03, 029-661-05, 029-668-06, 029-675-02, 030- 291-22, 030-301-09, 030-312-09, 030-312-12, 030-312-15, 035-263-08, 045-243-29, 047-131-05; 3) Adopt, amend and adopt, or reject Nye County Resolution No. 2021 -12: A Resolution Directing the Transfer of Nye County Treasurer Trust Property into Nye County Ownership for Public Purposes; and 4) Fund $9,443.39 in delinquent tax amounts from 10205 Road Fund.
Commissioner Blundo
made a motion to 1) determine that a public purpose may be served by the acquisition of this real property as stated in the agenda item; 2) consider the application and acquire the real property as described in the agenda item; 3) adopt April 20, 2021 56. For Possible Action Discussion and deliberation to: 1) Determine that a public purpose may be served by the acquisition of the real property more particularly described as Assessor’s Parcel Nos. 018-243-05, 019-551-17, 028-1 25- 03, 029-661-05, 029-668-06, 029-675-02, 030-291-22, 030-301-09, 030-312-09, 030- 312-12, 030-31 2-1 5, 035-263-08, 045-243-29, 047-131-05; 2) Consider the application made to the Board of County Commissioners by Nye County Public Works for permission to acquire the real property described as Assessor’s Parcel Nos. 018-243-05, 019-551-17, 028-125-03, 029-661-05, 029-668-06, 029-675-02, 030- 291-22, 030-301 -09, 030-31 2-09, 030-312-12, 030-312-15, 035-263-08, 045-243-29, 047-131-05; 3) Adopt, amend and adopt, or reject Nye County Resolution No. 2021 -12: A Resolution Directing the Transfer of Nye County Treasurer Trust Property into Nye County Ownership for Public Purposes; and 4) Fund $9,443.39 in delinquent tax amounts from 10205 Road Fund-Cont’d. Nye County Resolution No. 202 1-12; and 4) fund $9,443.39 in delinquent tax amounts from 10205, Road Fund; seconded by Commissioner Carbone. Maria Zlotek asked that the motion be restated to fund the delinquent tax amounts. If any property was redeemed by the owner than that amount would change so that would just keep it clean and avoid having the item come back.
Commissioner Blundo
amended his motion to 1) determine that a public purpose may be served by the acquisition of this real property as stated in the agenda item; 2) consider the application and acquire the real property as described in the agenda item; 3) adopt Nye County Resolution No. 202 1-12; and 4) fund delinquent tax amounts from 10205; Commissioner Carbone amended his second.
Commissioner Carbone
asked what this was for. Assistant Public Works Director Thomas BoIling explained these were right-of-way acquisitions and drainage acquisitions.
59. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.)
Commissioner Cox
mentioned. She then cautioned the Board about setting a precedent of people not being able to say names and express what they liked and did not like about what the Commissioners were doing and the boards they were appointing. Melissa Blundo said No Masks Nevada was restarting their protest rallies. The first one would be tomorrow in front of the Nugget from 4:00 p.m. to 6:00 p.m. John Bosta asked if the generator for Amargosa Valley was approved today.
Commissioner Jabbour
advised that as far as the Board knew the application was pending and had not been approved. Dann Weeks referred to the letter Commissioner Jabbour discussed earlier. Mr. Weeks stated public comment was protected speech under the United States Constitution. The five Commissioners were constitutional officers and had a certain responsibility to understand the Constitution. He felt a great disservice was done to Ms. Nelson today and that Commissioner Jabbour owed both she and the community an apology.
Commissioner Jabbour
advised the letter was not from an employee but rather a constituent appointed at the last meeting who sent a blanket e-mail to the Commissioners asking for clarification to Ms. Nelson. It was his choice not to mention
Ms. Nelson’s
or Joni Eastley’s names.
60. Commissioners’IManager’s Comments (This item limited to announcements or
Commissioner Carbone
said he was tired of hearing from Amargosa that the Commission was trying to sabotage their board when they had not done their job as an elected town board to secure themselves. If the County decided to stop doing their job they would be in dire straits. He commended staff for taking care of Amargosa’s bills when they could not.
Commissioner Jabbour
said on Saturday in Tonopah the grand opening of the Belvada occurred.
Commissioner Blundo
talked about how public comment turned into public discussion and back and forth with staff and how it was not like that before. He suggested April 20, 2021 60. Commissioners’IManager’s Comments (This item limited to announcements or topic/issues proposed for future workshopslagendas)-Cont’d. tightening that up by allowing the public to have their time to speak and if there was something to be addressed it could be done after that. Tim Sutton said Helene Williams gave him a bag of Nye County shaped plaques for employee recognition or other things and he thanked her for those.
Commissioner Blundo
said he had received a request that the Bill of Rights resolution be put on legal paper and made to look nice for the Commissioners to sign and present to the requestor.
Commissioner Cox
felt the language on the agenda regarding public comment was stated improperly and would not stand up in court. People could not be told what they could or could not say while they were speaking under public comment.
Commissioner Strickland
asked the District Attorney’s Office to review the statement and verify it was correct.
Commissioner Cox
said she wanted the NRS quoted word for word on the agenda.
61. ADJOURN
Commissioner Strickland
adjourned the meeting. APPROVED this _d ay ATTEST: Of 2021 0 1
Chair Nye
Coty Clerk I Deputy PUBLIC COMMENT FOR APRIL 20, 2021 NYE COUNTY BoCC MEETING I ask that this statement be included in the minutes of this meeting. I see that the BoCC has removed any reference of being the governing body of the Unincorporated Town of Belmont from the agenda for this meeting. I would like to thank the Board for realizing that they cannot be the governing body of something that does not exist. This acknowledgement that the Town of Belmont is not a legitimate governmental entity, because it does not exist, is something that I have been asking to have addressed for some time. I have asked to be able to address other issues and concerns regarding Belmont, in public meetings, openly, but have been met with silence. As Mr. Sutton stated to me that we all share the same goal of clarity, honesty, and transparency in County Government, then let’s act in that manner! Now we need to start answering some of the other questions and address the issues that have been brought to you in the past. I ask that you allow these issues to be brought forward and placed on the agenda of a meeting, so that these issues can be dealt with in an open and honest manner in a public meeting. Once again, I would like to thank the BoCC for the realization that they cannot be the governing body of something that does not exist, and then addressing that issue. I will make another effort to reach out to all of you to request that these issues are brought out into the open and addressed in a proper manner. Thank you. Respectfully, Neal Jones niones 14791 (igrnail.corn ATTACHMENT 1