Public meetings / Board of County Commissioners
September 8, 2021
141 turns, 141 with a named speaker, under 22 agenda items. The words and the names are the county clerk's.
Attendance
Sheriff Wehriy
was not present at this time. A moment of silence was held in honor of John George Jabbour; Tom Saitta; Peter Nicastro; and Diane Sprano.
2. Commissioners’IManager’s Comments (This item limited to announcements or
Commissioner Blundo
talked about how 9/11 changed America and how many people were affected by it.
Commissioner Carbone
said he would like an item on the agenda for a memorial for Tom Saitta at the Eye. He also spoke about 9/11. Chris Arabia said Ron Kipp retired yesterday after more than 20 years in the Tonopah District Attorney’s Office and thanked him for his service. Mr. Arabia provided an update on the triple fatality car accident and thanked his team for their hard work. As to the Roy Jaggers killing, Mr. Arabia advised his office was considering the death penalty for all three defendants. He had also noticed there had been a lot of elder exploitation September 8, 2021 2. Commissioners’IManager’s Comments (This item limited to announcements or topic/issues proposed for future workshops!agendas)-Cont’d. cases and said he was trying to figure out the best way to go after that. Lastly, Mr. Arabia spoke about 9/11 and the people on flight 93.
4. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.)
Commissioner Carbone
about 800 feet of fence that washed out along Roadrunner during the floods and how the burros could just wander now. September 8, 2021 4. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first)-Cont’d. Ron Avellino said he had been buying and rehabbing properties for almost 60 years. The last property he purchased in Pahrump he has had problems with Building and Safety. He was never told he needed permits. He showed what he intended to do that he never needed permits for in any other state. He heard nothing further so he worked on the property and three months later was told he had no right to do what he was doing. When he asked for the individual’s business card Mr. Avellino was handed a stop work order, which was never put on the building so he carried it around with him. Less than a week later he received a Code Enforcement courtesy letter on a property he no longer owned. Mr. Avellino said he just wanted to inform the Board and he would file a formal complaint. Nichole Walters said she was an advocate in Michigan for mentally handicapped and physically disabled people. She asked the Commissioners to do their research. She mentioned the Web sites medalerts.org and frontlinedoctors.org, as well as Robert Malone who worked with the mRNA vaccine and was censored because the truth was being suppressed. The medalerts.org Web site showed 17 children had already died and Ms. Walters wondered when the vaccine would be pulled. Pat Minshall addressed the comments made by John Denilofs. She realized there were numerous problems in Amargosa. She was the chairman of the HR committee and there was a lot to look at. She also did not want them to go to an advisory board and thought they had done well until this year as an elected town board. Ms. Minshall felt
Mr. Denilofs
denigrated everything done in the last four years she was on the town board.
6. For Possible Action Discussion and deliberation regarding meeting minutes
Commissioner Blundo
made a motion to approve the August 3, 2021, and August 4, 2021, meeting minutes; seconded by Commissioner Cox; 5 yeas. September 8, 2021 SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS
7. 10:00 a.m. For Possible Action Discussion and deliberation regarding the
Commissioner Blundo
made a motion to accept the Treasurer’s report as presented; seconded by Commissioner Carbone; 5 yeas.
8. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation
Commissioner Jabbour
made a motion to issue an outdoor festival license to the Beatty Chamber of Commerce for the Beatty Days Festival 2021 to be held October 29-31, 2021, at Cottonwood Park located at 300 W. Amargosa Street, Beatty, Nevada; seconded by Commissioner Blundo.
Commissioner Strickland
opened and closed the public hearing.
Commissioner Jabbour
withdrew his motion; Commissioner Blundo withdrew his second.
Commissioner Jabbour
made a motion to issue an outdoor festival license to the Beatty Chamber of Commerce for the Beatty Days Festival 2021 to be held October 29-31, 2021, at Cottonwood Park located at 300 W. Amargosa Street, Beatty, Nevada; seconded by Commissioner Blundo; 5 yeas.
9. 10:00 a.m. For Possible Action 3rd Community Development Block Grant
Commissioner Carbone
explained that was a past grant. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS
Commissioner Blundo
assumed the Chair of the Board of Highway Commissioners.
10. For Possible Action Discussion and deliberation regarding General Road
Commissioner Carbone
pointed out the dates shown for completion on the report had already passed and he asked for an update as to when things would be taken care of. Public Works Director Tim Dahi said the Tonopah sidewalk project was coming along great and the concrete would be poured today. in two to three weeks at the most it should be wrapped up and looking like it did many years ago.
Mr. Boiling
then provided updates on the activities in the central and southern portions of the County, including flood repairs in the south. There was roughly three weeks left to get the roads in the valley to a general safe level for the motoring public.
Commissioner Cox
mentioned the following: • The need for a guardrail at the corner of Mount Charleston and Dandelion due to the deep ditch in the area September 8, 2021 10. For Possible Action Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects-Cont’d. • Commissioner Cox received a complaint about Atkinson and Lola near the hemp farm. The entrance was blocked off so people could not go down Lola and had to go back where they came from. She would like an explanation and the peop’e wanted it re-opened. • She received a complaint on Charleston Park about a sign that stated it was a truck route. Anderson Trucking Company was delivering to the Dollar General Store and they were coming through there really fast as well as riding the jake brake. The sign needed to be changed to not be a truck route or someone needed to call them and tell them they were disturbing the residents. She also thought a sign stating no jake brakes allowed might be needed. • On Linda and SR372, there was a deep trench on the Linda side. She felt it needed to be rebuilt and then a grate put over it.
Commissioner Jabbour
said there was a huge setback experienced in Pahrump due to the flood, which changed the prioritized projects for Public Works. As that was winding down he asked them to keep in mind with the road repairs that Tonopah, Gabbs, Currant, Round Mountain, Railroad Valley, and Duckwater all got snow and freezing temperatures. He thought with the setback that would not be addressed until spring.
Commissioner Carbone
mentioned how a lot of electric cars were not paying fuel tax. He asked if everyone drove electric cars then what kind of roads would there be. The next step would be what was the government thinking about doing to make people pay for the roads.
Commissioner Blundo
addressed the challenges due to the flood and said in the future he would like to see something for a basic flood mitigation plan. He would also like a follow up on the lawsuit against BLM. He then asked for comments about the presentations to the public and what the results were regarding the diesel tax.
Mr. BoIling
said pretty much everyone was under the same opinion that it would not be enough and more should be done to make up the deficit. That information would be presented to the Board on September 21, 2021.
Commissioner Blundo
mentioned the request for a report that summed up the past couple of months as well as the list of on-line submittals. Pat Minshall said she lived off the paved end of Farm Road in Amargosa. Virtually every single week the crews were out patching, but in a week or two the patches were gone. She said the durapatcher was needed out there again. September 8, 2021 10. For Possible Action Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects-Cont’d. Pete Pettingell said he lived on Tiptop Trail. There was a lack of speed enforcement there and he thought a couple of police cruisers parked in the area would be a deterrent. There was also a lot of trash. Regarding the diesel tax, John Moore felt that needed to be readdressed. A fully loaded truck weighed about 80,000 pounds versus 9,000 pounds for a car. Garbage trucks and construction vehicles used diesel and were the vehicles tearing up the roads and he felt that was where the issue needed to be addressed.
Commissioner Strickland
assumed the Chair of the Board of County Commissioners. JUSTICE(S) OF THE PEACE
31. For Possible Action Discussion and deliberation to: 1) Discuss the bid
Commissioner Blundo
asked where $146,686.00 would come from. Savannah Rucker said there were a couple options, the first being ARPA funding considering this was a massive project to ensure social distancing within the office. Another option was the County capital fund. Both funding sources were well in excess of the requested funds. September 8, 2021 31. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposal received for Bid No. 2021-04 Tonopah Justice Court Tenant lmprovements-Cont’d.
Commissioner Blundo
made a motion to award Bid No. 2021-04 to Reyman Brothers Construction in the amount of $321 ,772,96, approve the contract, fund $51 ,674.44 from 10244, $91 234.84 from 10246, $32,177.30 from 10245, and $146,686.38 at the determination of the Comptroller; seconded by Commissioner Jabbour.
Commissioner Blundo
said he would like the Capital Fund 10401 looked at first.
Commissioner Carbone
made a motion to appoint Eddie Williams, Jr., to the Veterans Memorial Committee as an alternate; seconded by Commissioner Blundo. Eddie Williams, Jr., said the committee approved his appointment and he would be honored to serve on the committee.
Commissioner Blundo
made a motion to approve the Pahrump Ambulance Fund 25520 bad debt expense write-offs for uncollectible accounts receivable incurred during the period of April 1, 2017 to June 30, 2017, quarter four of FYI 7, totaling $20,121 .85; seconded by Commissioner Carbone.
Commissioner Blundo
advised he talked to the County Manager about when the contract with this collection agency was up so it could go out to public bid. September 8, 2021 13. For Possible Action Discussion and deliberation to approve the Pahrump Ambulance Fund 25520 bad debt expense write-offs for uncollectible accounts receivable incurred during the period of April 1,2017 to June 30, 2017, Quarter 4 of FY17, totaling $20,121 .85-Cont’d.
Commissioner Ccx
asked why it was being written off if it was listed with a collection agency. Savannah Rucker explained per statute there was five years and seven years to collect on medical bills depending on the circumstances of the bill. This was the write-off of the five-year accounts, some of which to her were people without insurance or deductibles that could not be met. Tim Bohannon appreciated the clarification given by Mrs. Rucker as to the reasons for write-offs, but said that needed to be addressed in the future.
Commissioner Blundo
made a motion to approve the request to waive; seconded by
Commissioner Carbone
. Jim Hannah said this was a great 22-year community event to celebrate the culture. They were asking to waive the fees as it had been a difficult year.
Commissioner Carbone
mentioned the issues before with this event regarding people wearing their weapons.
Commissioner Cox
said it was unconstitutional to tell people they could not carry weapons on town and County property. People had the right to go to events with their guns on. Ron Galbaraith thanked the Board for granting the waiver. He was the president of the Pahrump Powwow and said it was a pleasure to work with the Powwow committee every year to bring the culture to the people of Pahrump. Paula Elefante also thanked the Commissioners for waiving the fee. Regarding the gun issue, she stated nationwide powwows did not allow alcohol, drugs or weapons. Additionally, open carry was not proper for a Native American gathering. September 8, 2021 14. For Possible Action Discussion and deliberation regarding a request to waive the Petrack Park use fees totaling $400.00 for four days for the non-profit Pahrump Social Powwow being held November18 through 21, 2021 -Cont’d.
Commissioner Cox
said the event was being held in a public area and people could not be told to not carry their guns. John Moore said they were not saying people could not bring their weapons. They were just asking for cultural respect for their identity.
Commissioner Carbone
made a motion to issue the aerial display fireworks event permit to Zambelli Fireworks for an aerial display at the opening day of the Fall Festival on Thursday, September 23, 2021; seconded by Commissioner Jabbour. Edward O’Brien from Zambelli Fireworks advised there would be no music and it would start at 7:30 p.m.
Commissioner Blundo
made a motion to approve the consent agenda items; seconded by
Commissioner Cox
; 5 yeas. September 8, 2021 16. For Possible Action Approval to:1) Accept the FY 2022 Agreement to use the Affordable Housing Welfare Set-Aside Program in the amount of $18,830.70 from Nevada Housing Division for Affordable Housing Trust Funds Program to offer rentallutility/security deposit assistance to eligible clients at-risk of becoming homeless. Monies to be expended between July 1, 2021, and June 30, 2024. There is no County match required; 2) Execute the Agreement; and 3) Fund from the 10340 Grants.
Commissioner Blundo
made a motion to approve the consent agenda items; seconded by Commissioner Cox; 5 yeas. 17. For Possible Action Approval of the quarterly update report for major construction projects within Nye County that includes the Animal Shelter, One Stop Shop and Siemens projects.
Commissioner Blundo
made a motion to approve the consent agenda items; seconded by Commissioner Ccx; 5 yeas. The Board was in recess until 1:30 p.m. BOARD OF COMMISSIONERS 18. For Possible Action Closure of meeting, pursuant to NRS 241 .015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 19. Closed meeting, pursuant to NRS 241 .015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 20. For Possible Action Discussion and deliberation on conference with legal counsel regarding potential or current litigation presented in closed meeting. This item was removed from the agenda. 21. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. September 8, 2021 22. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 23. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. CLERK 24. For Possible Action Discussion and deliberation to appoint one member to the Pahrump Library Board due to one resignation from the following is a list of applicants: Alan R. Michels and John Pawlak.
Commissioner Blundo
advised he was handed two applications that his dog ate. In the essence of fairness, he would like to throw this back out to apply. He said turning an application into a Commissioner or chairperson of a committee was not the proper process. The applications had to be turned into the Clerk’s Office. Sam Merlino said late applications were received due to the dog issue. She was also going to remind all applicants to turn their applications into the Clerk’s Office directly. Her office would also accept an e-mail with the hard copy sent in the mail.
Commissioner Blundo
made a motion to put it back out to advertise and have it come back with all applications at the October 5, 2021, Tonopah meeting; seconded by
Commissioner Cox
; 5 yeas. DISTRICT ATTORNEY 25. For Possible Action Discussion and deliberation to: 1) Accept the Mallinckrodt PLC. bankruptcy plan in the bankruptcy case of Mallinckrodt PLC, et al Case No. 20-1 2522 (JTD) (U.S. Bankruptcy Court for the District of Delaware.); or 2) Reject the bankruptcy plan; or 3) Abstain from voting on the Mallinckrodt bankruptcy plan.
Commissioner Blundo
made a motion to approve the Mallinckrodt PLC. bankruptcy plan in the bankruptcy case of Mallinckrodt PLC, et al Case No. 20-12522 (JTD) (U.S. Bankruptcy Court for the District of Delaware); seconded by Commissioner Carbone; 5 yeas. September 8, 2021 COUNTY MANAGER
32. For Possible Action Discussion and deliberation regarding approval to send
Commissioner Blundo
made a motion to approve; seconded by Commissioner Carbone; 5 yeas
Commissioner Strickland
noted in the body of the letter it stated the population was approaching 50,000, but the census indicated it was higher. She thought Natural Resources Director Lorinda Wichman might want to change that, but it was at her discretion.
Commissioner Carbone
advised the County was over 51,000 now.
Commissioner Blundo
amended his motion to approve amending the letter including the language with the updated census numbers along with any other dates, minor grammatical or phrase changes that would supplement and compliment the changes for the census.
Commissioner Carbone
noted nothing on the agenda item said it could be modified. Natural Resources Director Lorinda Wichman felt it was the Commissioners’ letter and they could start over if they wanted.
Commissioner Blundo
withdrew his motion and said the census number was 51,591.
Commissioner Strickland
said at the 50,000 mark the PILT payment would go up almost $1 million.
Mrs. Wichman
said it should be well over $3 million in excess of what the County was getting.
33. For Possible Action Presentation, discussion, deliberation and possible
Commissioner Blundo
disclosed for items 33-35 that he had a small business in Nye County. He was a privilege license holder and had participated in the CARES and County CARES COVID relief programs. In an abundance of caution he would abstain from those three items. September 8, 2021 33. For Possible Action Presentation, discussion, deliberation and possible amendment of the Nye County CARES Act Policy-Cont’d.
Commissioner Blundo
was not present. Grants Administrator Samantha Kramer said the status update was in the back-up and she had no requests for changes.
Commissioner Jabbour
asked Mrs. Kramer how many applicants the remaining $71 ,000.00 would help.
Mrs. Kramer
said they were still looking at about seven applicants, but she would confirm that and get back to Commissioner Jabbour.
Commissioner Jabbour
asked Mrs. Kramer to let him know if any of them were in his district as he would be happy to reach out.
34. For Possible Action Presentation, discussion, deliberation and possible
Commissioner Carbone
made a motion to accept the amended page 9 as part of the Nye County COVID Relief Program; seconded by Commissioner Jabbour; 4 yeas.
35. For Possible Action Discussion and deliberation to: 1) Review and approve,
Commissioner Carbone
said the last time the individuals were here they talked about a 10-year program and he did not see the 10 years in it. September 8, 2021 35. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from Cotillion for Success Educational Program under the Nye County COVID Relief Program and Policy: Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities in the amount of $260,000.OO-Cont’d. Tina Trenner explained it was actually 11 years. The first year they would do this and for the next 10 years they would have provided Nye County all of the information, videos and entire program, plus they hoped to have a non-profit in place to help with any additional funding the schools may need. Sharen Black described it as a cake in the box. Add the water, follow the directions, and almost anyone could do it.
Commissioner Carbone
asked if the 10-year program was the total $260,000.00.
Ms. Trenner
said yes and provided a breakdown of the cost per year, per school, per student, and per lesson.
Commissioner Strickland
said that was new information for her. It sounded like they would provide the first year of cake in the box and then expected Nye County to add the water for the consecutive years.
Ms. Trenner
said they would look to the rotary clubs and other community organizations to provide support, which would also be part of the lesson of working with the community. If the foundation was in place they would provide items that the schools may not be able to supply, like shoes.
Commissioner Strickland
asked if that meant the Cotillion would not be administering this after the first year.
Ms. Trenner
said they would be a liaison that would handle anything at any school around the County.
Commissioner Carbone
wondered if the County only gave the first year’s funding or a little bit more instead of the $260,000.00 if that would kick off the program.
Ms. Trenner
explained they were shooting a documentary and that was included in that price. They hoped to have a national outlet for the documentary.
Commissioner Cox
asked who would administer the money on the Cotillion’s part.
Ms. Trenner
explained the check would be made to Sharen Black’s company, Saxsation, LLC. She then reminded the Commissioners this was not a charitable organization. It was a for-profit organization that wanted to do something for the County. September 8, 2021 35. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from Cotillion for Success Educational Program under the Nye County COVID Relief Program and Policy: Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities in the amount of $260,000.OO-Cont’d.
Commissioner Strickland
noted this was a Nye County COVID Relief Program for public assistance for non-profits. She asked Mrs. Kramer if the Commissioners could do this.
Mrs. Kramer
said that was at the discretion of the Board.
Commissioner Jabbour
suggested the County kick it off the first year with the cost of the students and the cost of the documentary. Kay LaPointe added the documentary would showcase the entire County.
Commissioner Carbone
did not believe the policy had for-profit in it so even if the Board wanted to do something today they could not. There was also not enough money left in that program to cover this.
Commissioner Cox
said it would have to be substituted from some other fund, which she brought up at one of the original meetings.
Mrs. Kramer
advised the initial discussion was funding it out of ARPA, but without that policy in place yet the suggestion was to see what could be funded under the COVID Relief Program. At this time the remaining balance in all of the programs was $238,000.00, but that would take out any funding available for rent, mortgage and utility assistance as well as administrative costs to complete the program and the program would have to be closed. Mrs. Kramer strongly suggested leaving the small business grant program and the public rent, mortgage and utility program alone and not take the remaining funds. The public assistance administered by non-profits had a remaining balance of $44,000.00. She suggested leaving $10,000.00 to cover the administration since they were still reporting funds. Between the direct utility program and contingency she said there was about $1 80,000.00 left.
Commissioner Cox
asked if there was money in the general fund to fund the rest of it. Savannah Rucker said it could be partially funded from this and partially out of ARPA when the policy was approved, and possibly out of contingency in the general fund.
Commissioner Strickland
did not want to exhaust the funds for the COVID Relief Program when more money just came in and now the programs needed to be written. The one thing she wanted everyone to be careful with was having an exemption for for profits. She wondered if the Board should ask for a non-profit status for this money to go to first and then to Saxsation by some avenue. She felt if that was started it might be a little difficult. September 8, 2021 35. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from Cotillion for Success Educational Program under the Nye County COVID Relief Program and Policy: Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities in the amount of $260,000.00-Cont’d.
Ms. Trenner
said Ms. Black had said funding some now and funding some in 60 days or so would be fine. She would at least be able to line up the cameras and get everything going.
Mrs. Rucker
said normally with projects like this a project scope and timeline was provided. She asked for that to be included in the back-up if the Board decided to bring the item back.
Commissioner Jabbour
asked if the Nye County school administration had gotten involved with endorsing this.
Ms. Trenner
said it was presented to them and they liked it.
36. For Possible Action Discussion and deliberation regarding: 1) The request
Commissioner Strickland
asked if this could be done as she would like to see more staff available to administer the grants. She pointed out this staff request would be funded solely by the grants and employment would be attached to the grants.
Commissioner Blundo
was present. Taking away the ARPA money, Commissioner Blundo asked Mrs. Rucker if she could find enough grants to justify the two positions.
Mrs. Rucker
said that was possible and something that could be looked into when the ARPA money ran out. She was working on calculating out an indirect cost rate or using September 8, 2021 36. For Possible Action Discussion and deliberation regarding: 1) The request for two additional full-time positions for the Nye County Finance Department, position titled Grants-Financial Analyst for the purpose of administering ARPA programs while funding is available; 2) Fund 100% from Nye County Grants Fund 10340; and 3) Make the effective fill date for the position September 27, 2021- Cont’d. the diminishment rate that would help offset some of those costs as well as some other mechanisms to relieve the general fund of this burden and put it on the grants.
Commissioner Blundo
asked how quickly Mrs. Rucker would go out for the positions, to which Mrs. Rucker responded they would be posted as quickly as possible.
Commissioner Blundo
said ARPA was at least 90 days away.
Mrs. Rucker
said they had already received the first tranche of money so there was $4.2 million sitting there. They were working on the policy and planned to have it come back in early October, 2021. Even if the positions were filled on the requested September 27, 2021, fill date that would give the positions a week to get familiar with the system before they were dealing with policy and potential applications.
Commissioner Jabbour
made a motion to 1) approve the request for the two additional full-time positions for the Nye County Finance Department for the purpose of administering APRA programs while funding was available; 2) fund 100% from Nye County Grants Fund 10340; and 3) make the effective fill date for the positions September 27, 2021; seconded by Commissioner Blundo. Pat Minshall said in reviewing the paperwork for all the different programs she could see how much work it was and she thought this should go through. Tim Bohannon asked if this was temporary or sustainable. If it was sustainable after this grant was done then what was next.
Commissioner Biundo
said he would abstain as previously disclosed. Pat Minshall said she did not hear that Beatty, Tonopah, Amargosa, Manhattan, and Gabbs were included in this.
Commissioner Carbone
said it was Nye County.
Ms. Minshall
said she had come across times when those entities were not included.
Commissioner Jabbour
stated it was approximately $2,600.00 per school and they did mention Tonopah, Gabbs and Beatty.
37. For Possible Action Discussion and deliberation to fund previously
Commissioner Blundo
made a motion to approve and fund previously approved contracts with the law firm Marquis Aurbach Coffing to provide outside legal counsel on personnel matters from the contingency fund not to exceed $25,000.00; seconded by
Commissioner Carbone
asked how much longer this would be done. Maria Zlotek said she could not respond as to what the future would hold for the need of outside counsel.
38. For Possible Action Discussion and deliberation to adopt, amend and adopt,
Commissioner Blundo
made a motion to adopt; seconded by Commissioner Carbone. Savannah Rucker explained this was not an increase to the overall budget, just movement of budget from Admin to Buildings & Grounds as a position was moving responsibility from Admin to Buildings & Grounds.
Commissioner Strickland
asked why OPEB was not being pre-funded.
Mrs. Rucker
said that was part of the budget workshop and OPEB was not pre-funded this year.
Commissioner Strickland
asked to prioritize that and have it highlighted in future workshops to focus on that pre-funding.
39. For Possible Action Discussion and deliberation to: 1) Determine that 3
Commissioner Blundo
made a motion to determine the three motor graders were no longer required for public use, determine it was in the best interest of the public to sell the motor graders back to Cashman Equipment pursuant to the purchase buyback agreement approved in 2014, and deposit the funds into 1 0205, Roads; seconded by
Commissioner Carbone
; 5 yeas.
40. For Possible Action Discussion and deliberation to: 1) Approve, amend and
Commissioner Strickland
said it looked like the County was doing terrible negotiating the buyback program considering what it was in 2014. Tim Dahi said it was still a good deal and all vehicles came with a seven-year warranty. The only explanation he could provide was they realized the error of their ways. September 8, 2021 40. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject a contract with Cashman Equipment to utilize Sourcewell Contract #032119 for the purpose of the purchase of three current model articulated diesel-powered tandem drive motor graders, Caterpillar 150-15; 2) Approve the purchase from Cashman Equipment Company in the amount of $963,142.95; 3) Execute the Contract; and 4) Fund from 10205 Roads-Cont’d. Purchasing and Contracts Administrator Honey Strozzi added the County was encouraged to use the piggyback contracts and this was the result of that.
Commissioner Strickland
asked to send this back in some way so it could be looked at again to see if there was possibly a better deal. Tom Boiling agreed this was the best deal to be found. He said Cashman farmed it out and this was the best they could find. They sold hundreds of millions of items every year and tried to do the best thing they could for entities to make it cheaper on them.
Commissioner Strickland
clarified it was not the buy-in but rather the buyout she was not liking.
Mr. Boiling
explained the original contract done seven years ago was the first time they had done that kind of contract and they did not know what would happen with the sales of their equipment. Their sales had gone ballistic, which was why the buyback was less this time. The total cost to the County to lease from them for seven years was really cheap.
Commissioner Strickland
just wanted a little more leg work done to be sure this was the best deal out there.
Commissioner Blundo
mentioned the other item just approved and asked if the County would be short three graders, to which Mr. DahI responded yes.
Commissioner Carbone
thought maybe a couple of words were needed regarding the timing of the buyback and adjusting the contract up or down. He suggested approving it with a proviso that the contractor was to be consulted about the up and down factor and timing.
Commissioner Blundo
suggested having it come back in two weeks.
Sheriff Wehrly
was present and assumed the Chair of the Licensing and Liquor Board. September 8, 2021 LIQUOR 11. For Possible Action Discussion and deliberation to approve a Retail Liquor License for 5280 Mexican Grub, LLC., dba 5280 Mexican Grub & Pub located at 2450 W. Mesquite Ave., Pahrump, NV, Sonny and Nicole Chavez Applicants.—
Commissioner Blundo
disclosed he held a Nye County privilege liquor license, but he did not believe that would preclude him from participating in this item and he did not see a conflict of interest.
Sheriff Wehrly
said she understood there was a small problem with the licensing. Samantha Tackett explained this applicant would occupy a space currently occupied and licensed. The State Fire Marshal would not do a fire inspection unless there was a major building change, which there had not been. Fire Chief Scott Lewis conducted an inspection on the building to ensure there were no changes or issues. There was also an approved fire inspection for life and safety through Chief Lewis and the Building Department, but not the State Fire Marshal. Mrs. Tackett said the only way to remedy the situation was via a Code amendment.
Commissioner Blundo
asked if the liquor license could still be issued today.
Mrs. Tackett
said yes, if the Board chooses, because there were no issues with the building as it was. Planning Director Brett Waggoner advised the County was the local jurisdiction over establishments like bars on behalf of the State Fire Marshal via an interlocal agreement. A new inspection was not required because there neither a TI was done that would trigger it nor a change of occupancy. Since Nye County had the jurisdiction nothing needed to be done with the Code.
Commissioner Blundo
made a motion to approve a retail liquor license for 5280 Mexican Grub, LLC, located at 2450 W. Mesquite Avenue; seconded by Commissioner Jab bo u r.
Sheriff Wehrly
stated her understanding that the people running the bar right now had been approved as was the bar itself, but the folks moving in technically had not been approved.
Ms. Tackett
stated Fire Chief Lewis performed his inspection and provided his approval via e-mail. The Building Department said they did not need to re-inspect because the nature of the business and occupancy was not changing. The issue was the District Attorney’s Office was deeming the application incomplete as no fire inspection was done by the State Fire Marshal, which was why the Code needed to be change. The Code was outdated and did not identify that Pahrump Building and Safety per that September 8, 2021 II. For Possible Action Discussion and deliberation to approve a Retail Liquor License for 5280 Mexican Grub, LLC., dba 5280 Mexican Grub & Pub located at 2450 W. Mesquite Ave., Pahrump, NV, Sonny and Nicole Chavez Applicants Cont’d. operating agreement performed those inspections, which had already been done, issued, and technically approved.
Mr. Waggoner
reiterated per the interlocal agreement that inspection had been performed by the fire chief.
Commissioner Jabbour
confirmed with the applicants they used fryers and grills and there was a working fire suppression system.
Sheriff Wehrly
said the background investigation was complete and the recommendation was to approve.
Commissioner Strickland
assumed the Chair of the Board of County Commissioners. SHERIFF 26. For Possible Action Discussion and deliberation to approve, amend and approve or reiect the agreement with FARO Technologies, Inc. to join the contract with the General Services Administration (GSA) for the future purchase of Crime Scene Equipment and Software.
Commissioner Blundo
made a motion to approve; seconded by Commissioner Carbone; 5 yeas. 27. For Possible Action Discussion and deliberation to: 1) Ratify the Sheriff’s acceptance of the Memorandum of Understanding (MOU) with the Nye County School District, for the purpose of receiving funding for two School Resource Officers to be placed in schools throughout Nye County; and 2) Fund $172,818.02 from 10340 Grants.
Commissioner Blundo
made a motion to 1) ratify, and 2) fund $1 72,81 8.02 from 10340, Grants; seconded by Commissioner Carbone; 5 yeas. September 8, 2021 28. For Possible Action Discussion and deliberation to relect Bid No. 2020- 11/PWP-NY-2021-181 Pahrump Jail Front Office and Padded Cell Construction to complete the rejection process to rebid.
Commissioner Blundo
made a motion to reject Bid No. 2020-11/PWP-NY-2021-181, Pahrump Jail Front Office and Padded Cell Construction, to complete the rejection process to rebid; seconded by Commissioner Jabbour; 5 yeas. 29. For Possible Action Discussion and deliberation to: 1) Discuss the responses received from the solicitation of Bid No. 2021-07/PWP-NY-2021-513 — Pahrump Jail Booking; 2) Award the contract to Top Rank Builders Inc. in the amount of $649,735.00; 3) Approve, amend and approve or reject the contract with selected bidder; 4) Fund $153,770.00 from 10340 Grants and $495,965.00 at the determination of the Comptroller; or 5) Reject bid and provide direction to staff on how to proceed with the project.
Commissioner Blundo
asked where the $495,000.00 would come from. Savannah Rucker said there was $1 53,534.77 from past PSST, so $342,430.23 needed to be found. This project, similar to the Tonopah Justice Court project, promoted social distancing for inmates so it could be funded from ARPA or the County Capital Fund 40101
Commissioner Blundo
made a motion to award the contract to Top Rank Builders in the amount of $649,735.00 and to fund $1 53,770.00 from 10340, Grants, and the difference of $495,965.00 at the determination of the Comptroller given the discussion today; seconded by Commissioner Carbone; 5 yeas.
Commissioner Carbone
assumed the Chair of the Board of County Commissioners. PUBLIC PETITIONER
41. For Possible Action Discussion and deliberation regarding the appointment
Commissioner Blundo
made a motion to appoint Midge Carver, former Commissioner Joni Eastley, and current Chair and County Commissioner Debra Strickland; seconded by Commissioner Jabbour.
Commissioner Strickland
said she would abstain from the vote.
42. For Possible Action Discussion and deliberation to: 1) Appoint one member
Commissioner Strickland
made a motion to 1) appoint in Area I to NCWD Chris Jim to the term ending June 30, 2023, and 2) for NCWD Area 3 James Weeks to the term ending June 30, 2023; seconded by Commissioner Blundo.
Commissioner Cox
said she was not happy with any of the names and would like to see it go back for more names or changes. She was not happy with the board in general and wondered what could be done about it.
Commissioner Strickland
pointed out this was the second time it was sent back asking for more applicants. She understood Commissioner Cox’s reserve with this district, but it was required per NRS and the NRS also outlined who needed to be seated.
Commissioner Strickland
thought the group has done great work.
Commissioner Cox
stated this board had brought devastation upon the people of Pahrump and development in the area. She felt the Board was given more power than they deserved as they had abused it by doing what they did in the Pahrump area.
Commissioner Cox
said she would not support seating anyone on it.
Commissioner Blundo
said he also had frustrations with the NCWD governing body, but he trusted Commissioner Strickland was doing what needed to be done to rein them in.
Commissioner Cox
said she would like an agenda item to remove their power and give it back to the County Commission. John Moore thought it was hypocritical for Commissioners to say they wanted fresh blood on the water board, but they wanted to pick and choose because they did not like who applied. He felt the Board needed to be more open minded and understand there were people with different ideas, opinions and backgrounds.
Commissioner Carbone
said he knew of too many things with this board that needed to be done differently. ______________day September 8, 2021
44. Commissioners’/Manager’s Comments (This item limited to announcements or
Commissioner Strickland
said it sounded like Commissioner Carbone had a passion about the Water District Governing Board and she encouraged him to be the liaison in the upcoming year.
Commissioner Jabbour
thanked everyone for the moment of silence on behalf of his father along with the others. He then apologized to Colonel Roberts, who invited him and the other Commissioners to be one of the speakers for the 9/11 commemoration ceremony, as he was flying out this evening.
Commissioner Blundo
wanted to make sure the letter of support was sent out for the Cotillion.
Commissioner Cox
thanked everyone who attended the service for her husband.
45. ADJOURN
Commissioner Strickland
adjourned the meeting. APPROVED this ATTEST: Of ,2021. C h4 uty