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Public meetings / Board of County Commissioners

December 7, 2021

64 turns, 64 with a named speaker, under 24 agenda items. The words and the names are the county clerk's.

2. Commissioners’/Manaqer’s Comments (This item limited to announcements or

Commissioner Blundo

quoted Rand Paul, who said, ‘The founders never intended for Americans to trust their government. Our entire constitution was predicated on the notion that government was a necessary evil to be restrained and minimized as much as possible.” Commissioner Blundo believed that was to prevent the trampling of the people’s rights. He then asked if the letters were sent to the Governor and other State leadership regarding the ending of the state of emergency. Tim Sutton said he would find out.

Commissioner Cox

thought the trouble with power was the struggle between how much power the County Commissioners had in running their counties in Nevada and one person trying to run the State without consulting any Commissioners in any counties to see what their people needed or what they wanted as a County. The Governor needed to remember the Commissioners were voted in by the people just like he was.

Commissioner Carbone

mentioned today was the 80th anniversary of the bombing of Pearl Harbor and he sent well wishes to those who had family members who were part of that. December 7, 2021 2. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d.

Commissioner Strickland

said BLM had two news releases that affected the valley floor, but were in Clark County. The first opportunity to speak on the Rough Hat solar project would be December 8, 2021, from 6:00 p.m. to 8:00 p.m., and then again on December 9, 2021, at the same time. She recommended everyone participate in those. BLM would also have a meeting about the Copper Ray solar project on December 15 and 16, 2021, from 6:00 p.m. to 8:00 p.m.

Commissioner Blundo

asked that a list of all the solar projects and the developers behind the projects be provided to the Board.

Commissioner Strickland

said she would make that request to Nick Pay, the field manager.

Mr. Sutton

advised Mr. Pay was planning to give a presentation to the Board to talk about the pending solar projects on December 16, 2021. Treasurer John Prudhont advised the spring 2022 auction was scheduled for April 11- 13, 2022. There would be an on-line preview about two months prior at www.bid4assets.com. The deadline for the requisite $500.00 deposit was April 5, 2022. Chris Arabia stated he decided to not seek the death penalty in the Roy Jaggars case at this time due to the cost to the County and the fact that execution would be extremely unlikely. While it would be symbolic, he did not think it would be in the best interests of the community. He then advised he received some information from Finance pertaining to possible shenanigans with the CARES Act. He was waiting on more information, but he assured people that if it was found there had in fact been shenanigans his office would take appropriate action.

3. Approval of the Agenda for December 7, 2021 (Non-action item)

Commissioner Carbone

asked why item 25 was being removed. Sam Merlino explained a current board member applied, but the application got caught up in the mail, so she thought she would pull that back and put it on the December 16, 2021, agenda. December 7, 2021

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

Commissioner Strickland

asked Mr. Stremmel to get with Public Information Officer Arnold Knightly to make the public aware of the change in recycling. She also told Ms. Gerling the County had been working with Siemens on solar on the buildings. As to Mr. Lewis’ concern about the teleconferencing, Commissioner Strickland explained the board he referenced was a Town of Pahrump board and there were quite a few boards that did not do teleconferencing as they had not evolved to that point yet.

Commissioner Carbone

added it depended on where they met as well as not all committees met in public buildings.

6. For Possible Action Discussion and deliberation regarding meeting minutes

Commissioner Carbone

made a motion to approve the minutes from November 2, 2021; seconded by Commissioner Blundo; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS

8. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Commissioner Strickland

opened and closed the public hearing.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners.

Commissioner Strickland

advised an application for the arena had not gone through the Pah rump Arena Committee and now the event had changed again.

Commissioner Strickland

made a motion to conditionally approve conditioned on the Pahrump Arena Committee approval; seconded by Commissioner Jabbour.

Commissioner Carbone

wondered if it had not gone through the arena process why the Board would even entertain it.

Commissioner Strickland

said the arena would stand down for events. To her knowledge the date on the agenda item had a verbal approval from the chair, but she did not know about the new dates.

Commissioner Jabbour

asked Mr. Berry if he investigated to see if there was a conflict in moving the dates.

Mr. Berry

said a member of the team made a phone call and the understanding was the date was available, but they were told to go through the proper motions and attend this meeting. He was prepared to re-submit the application.

Commissioner Strickland

withdrew her motion; Commissioner Jabbour withdrew his second. This item died for lack of a motion.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. December 7, 2021 3. Approval of the Agenda for December 7, 2021 (Non-action item)-Reopened. Tim Sutton said items 15-17 needed to be put back on the agenda to address e-mails that had come in during the meeting, and item 35 could be removed. TIMED ITEMS

9. 10:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Commissioner Strickland

opened the public hearing. David Boruchowitz, the applicant, was present.

Commissioner Strickland

closed the public hearing.

Commissioner Carbone

made a motion to issue the outdoor festival license event to the Pahrump Disability Outreach Program for the Pumpkin Days event to be held October 21-23, 2022; seconded by Commissioner Blundo; 5 yeas.

10. 10:00 a.m. Presentation by Misha Allen, Extension Educator regarding the

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners.

11. For Possible Action Discussion and deliberation regarding General Road

Mr. Boiling

also discussed the no-left turn coming out of Yellow Hand and NDOT would discuss internally if that was warranted. Mr. Boiling also talked about the speed limits with NDOT and the want of a constant speed limit through the corridor and NDOT would check into that as well.

Commissioner Cox

said she wanted an agenda item for the guardrail on Mount Charleston and Dandelion. Expense-wise she wondered if that was the lowest bid or if there was a possibility to look into a lower bid.

Mr. Boiling

said after he sent the e-mail another bid was received, which he was still vetting. It was a little bit lower. Bids were requested from five different contractors and until yesterday only one had been received.

Commissioner Cox

wondered why the County could not just order the guardrail and have staff put it up. She thought that would save thousands of dollars and it would keep jobs and money at home. She asked Mr. Boiling to look into it and come back with some figures. Commissioner Cox mentioned the potholes at the corner of Unicorn and Deerskin that kept coming. She asked why the durapatcher was not being used in the areas with those problems. There was also a dip in the road about midway down on Deerskin between Homestead and Unicorn, which kept sinking and needed to be filled in. Lastly, Commissioner Cox said Pahrump Valley Boulevard from Gamebird to the curb going toward Caivada was so bad and bumpy it was unbelievable and asked when that end of the road would be redone.

Mr. Boiling

advised that section was not currently on the pavement preservation list or the CIP list, which was why they did the crack seal.

Commissioner Cox

said it should be one of the top priorities for the next list.

Commissioner Biundo

asked the public to slow down when they saw the crews working. Tim Bohannon mentioned a pothole on the right-hand side of Highway 160 and Manse. Ammie Nelson asked if the speed limit in front of the senior center would be raised. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. December 7, 2021 BOARD OF COMMISSIONERS

15. For Possible Action Closure of meeting, pursuant to NRS 241 .015(3)(b)(2) for

Commissioner Blundo

made a motion to go into closed; seconded by Commissioner Carbone; 5 yeas.

17. For Possible Action Discussion and deliberation on conference with legal

Commissioner Cox

was not present. December 7, 2021 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. 12. For Possible Action Approval of Assessor’s Office Change Requests to allow the Nye County Treasurer/Assessor to process and: 1. Issue an amended tax bill in the amount of $1,064.14 to Glynn S. Jackson, owner of 3970 N. Barney St. Pahrump, NV, Assessor’s Parcel Number 028- 257-15. 2. Issue an amended tax bill in the amount of $0.00 to the Town of Pahrump, owner of 4670 S. Nevada Highway 160, Pahrump, NV, Assessor’s Parcel Number 027-741 -01. 3. Issue an amended tax bill in the amount of $0.00 to the Town of Pahrump, owner of 2970 W. Tonya Dr., Pahrump, NV, Assessor’s Parcel Number 029- 462-20. 4. Issue an amended tax bill in the amount of $0.00 to the Town of Pahrump, owner of 450 E. Simkins Rd., Pahrump, NV, Assessor’s Parcel Number 029-696-01. 5. Issue an amended tax bill in the amount of $0.00 to the Town of Pahrump, owner of 1641 E. Hiawatha St., Pahrump, NV, Assessor’s Parcel Number 038-493-01.

Commissioner Bundo

made a motion to approve items 12-14; seconded by

Commissioner Carbone

; 4 yeas. 13. For Possible Action Approval to: 1) Accept a Notice of SubAward from Division of Public and Behavioral Health to administer the Women, Infants and Children Program (WIC) for FY2021 in the amount of $356,320.00, to provide nutrition education, food delivery system and facilitate delivery of health services. There is no County match required; 2) Execute the SubAward; and 3) Fund from 10340 Grants.

Commissioner Blundo

made a motion to approve items 12-14; seconded by

Commissioner Carbone

; 4 yeas. 14. For Possible Action Approval of lA-21-26: An application regarding the final 15% bond release of the financial security bond related to a proiect area known as Mountain Falls Planning Area 3-3A (aka Villa Serena Unit 2), located in Mountain Falls Master Planned Community, Pahrump, NV. William Lyon Homes, Inc. Principal, Scott Swapp ApplicantlAgent. — —

Commissioner Blundo

made a motion to approve items 12-14; seconded by

Commissioner Carbone

; 4 yeas. December 7, 2021 BOARD OF COMMISSIONERS

22. For Possible Action Discussion and deliberation regarding a request to: 1)

Commissioner Blundo

made a motion to set the date and time for the public hearing on Nye County Bill No. 2021-12 for Tuesday, January 4, 2022, at 10:00 a.m. in Tonopah; seconded by Commissioner Jabbour; 4 yeas.

Commissioner Blundo

read the title of the bill into the record. December 7, 2021

23. For Possible Action Discussion and deliberation to: 1) Appoint two

Commissioner Jabbour

made a motion to appoint the two Beatty Town Advisory Board members Erika Gerling and Rand Reed with their terms ending January, 2024; seconded by Commissioner Carbone; 4 yeas.

24. For Possible Action Discussion and deliberation to: 1) Appoint three

Commissioner Jabbour

made a motion to appoint Donna Motis, Anthony Perchetti and Theodore Schuff to the Belmont Advisory Board with their terms ending January, 2024; seconded by Commissioner Carbone; 4 yeas.

26. For Possible Action Discussion and deliberation to: 1) Appoint one member

Commissioner Jabbour

made a motion to appoint April Stewart to the Gabbs Town Advisory Board with a term ending January, 2024; seconded by Commissioner Carbone; 4 yeas.

27. For Possible Action Discussion and deliberation to: 1) Appoint two

Commissioner Blundo

made a motion to appoint Timothy Bohannon and Donna Nelon for the term expiring January, 2023; seconded by Commissioner Jabbour; 4 yeas. December 7, 2021

28. For Possible Action Discussion and deliberation to: 1) Appoint two

Commissioner Jabbour

made a motion to appoint Carolyn Drayton to the Railroad Valley Advisory Board with the term ending January, 2024; seconded by Commissioner Carbon e. Sam Merlino believed there was another application for the second position which would be on a future agenda.

29. For Possible Action Discussion and deliberation to: 1) Appoint one member

Commissioner Carbone

made a motion to appoint John Koenig for the term ending January, 2023; seconded by Commissioner Jabbour. Helene Williams recommended starting next year that a true application be developed for someone to give their background, experience, education, and the reasons why they wanted to sit on the boards. She wondered what the people who had been on the board for 10 years had accomplished. She felt the appointment process needed to be cleaned up and a team should interview them to ensure they had good experience and background.

30. For Possible Action Discussion and deliberation to: 1) Appoint one member

Commissioner Jabbour

made a motion to appoint Sara Anne Sweeney to the Smoky Valley Library District with a term ending May, 2022; seconded by Commissioner Carbone; 4 yeas.

Commissioner Cox

was present. December 7, 2021 COUNTY MANAGER

31. For Possible Action Discussion and deliberation to adopt, amend and adopt,

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Carbone; 5 yeas. PUBLIC WORKS

32. For Possible Action Discussion and deliberation to: 1) Approve, amend and

Commissioner Jabbour

made a motion to approve Amendment No. 1 for Task No. 10 between Atkins North America, Inc., and Nye County to provide additional services for the rehabilitate unpaved runways project at the Gabbs Airport in an amount not to exceed $8,000.00; 2) execute the agreement; and 3) fund $7,500.00 from 10340 Grants and $500.00 from 10209 Airport; seconded by Commissioner Carbone; 5 yeas.

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

Commissioner Blundo

made a motion to accept and designate as a general County road and accept the maintenance for the purpose of future road improvements; seconded by Commissioner Cox; 5 yeas. December 7, 2021

34. For Possible Action Discussion and deliberation to accept a Restrictive

Commissioner Carbone

made a motion to accept the restrictive covenant running with the land with Steven Donald Neal and Garnet Neal for the property located at 191 South Emery Street, parcel number 038-224-20; seconded by Commissioner Jabbour; 5 yeas. PUBLIC PETITIONER

37. Commissioners’IManager’s Comments (This item limited to announcements or

Commissioner Cox

thanked Herman Lewis for calling in and sending the e-mails he sends. She reminded Ammie Nelson to be careful with a mask as it could be causing her pneumonia. She thanked Vern Van Winkle for all the improvements he made to the station over the years. She told Bill Stremmel that people were complaining, but she did not think people putting trash in the bins was the issue as most people recycled. The December 7, 2021 37. Commissioners’IManaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d. problem she had with them removing the garbage cans at night was people would just put their trash in the parking lot. She would like see cans at other places to get even more recycling, like in the area of Lakeside and somewhere up north.

Commissioner Blundo

mentioned the Kyle Rittenhouse trial and thought it was in extreme poor taste for the prosecution to violate the defendant’s constitutional rights under the Fifth Amendment. Since the County was talking about doing its own lawsuit, he suggested people do a simple Google search for COVID mandate injunction. There were judges in different courts across the country issuing nationwide injunctions against the vaccine mandate for federal contractors, which he believed opened up some doors and venues. What struck Commissioner Blundo was there were many options, but it was to the point where the exemptions in the mandates were not being honored. He felt that should be a real wake-up call that people’s rights were being trampled on and if people did not start exercising their rights they would be rolled over.

Commissioner Jabbour

hoped Ammie Nelson was still on the line as he wanted to personally say welcome back. He also wanted to thank everyone for their interest in serving on various committees, especially when the population was very limited. He asked those who were not selected to please not take it personally because the County absolutely needed their interest, determination, knowledge and wisdom. He then reminded everyone to spay and neuter their pets.

Commissioner Carbone

agreed with the comments made. He said things were happening in other states, and District Attorneys in other states were really pushing it as were private people. He hoped Nevada would listen to what was going on.

Commissioner Strickland

said she appreciated the public involvement. Sam Merlino advised she published the notice of offices last week. Normally she put the precincts, but there were none shown. She hoped to have those done by the end of January, 2022, so individuals knew what district they were in if they wanted to run for office. Once the School District was done Mrs. Merlino would have a better idea of what changes she had to make.

Commissioner Blundo

asked Mrs. Merlino if she was also taking into account the splitting of Nye County within the assembly districts and if there was an additional district in the County now.

Mrs. Merlino

said yes, there were now three. It changed where they split Pahrump as well as the precincts, which she thought would be corrected with the Commission districts. She said she would have to go back and re-adjust once she got good maps. ___day December 7, 2021

38. ADJOURN

Commissioner Strickland

adjourned the meeting. APPROVED this ATTEST: Of__________ M

Chair Ny

è County Clerk I Deputy