December 15, 2020

Commissioner Cox

was present via telephone.

Commissioner Strickland

disclosed she was a general contractor, septic and well, and brokered in water rights as a Nevada realtor.

Commissioner Blundo

said President Trump signed an executive order making Christmas Eve a federal holiday in 2020. He would like to have an internal conversation on the effect that would have locally.

Commissioner Wichman

noted Commissioner-Elect Bruce Jabbour was present.

Commissioner Strickland

advised at 10:00 a.m. on Saturday the Nye County Republican Central Committee would hold its meeting and the speaker would be Mr. Jab bo u r.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland; 5 yeas. December 15, 2020 TIMED ITEMS

Commissioner Strickland

disclosed that as a contractor she had to pull dust permits, but she did not see a conflict of interest in this item.

Commissioner Koenig

opened the public hearing. Ammie Nelson wondered if this addressed all the off-road vehicles which drove between Blagg and the pizza place on Belvada. Planning Director Brett Waggoner explained basically this was coming from the Code Compliance Manual adopted in the past and was the process they followed. Included in that process was anytime someone received a violation notice they had an opportunity to come before the compliance review committee and contest it. It was realized that was referenced in the procedures, but there was no definition in the Code as to what made up the compliance review committee. This draft was adding that definition. Option one was the current definition, which included the Nye County Community Planner or designee, the Public Works Director or designee, and the Ex Officio representative of NDEP. Mr. Waggoner proposed another option which included those same individuals but also would allow for additional people, either a liaison of the Commission or the RPC and/or a licensed contractor from the industry that the violation occurred in.

Commissioner Blundo

did not like the language “at least one of the following” in option two. After some discussion among the Commissioners he suggested changing it to a liaison from the Board and a liaison from the RPC.

Commissioner Strickland

explained the reasoning behind having an and/or licensed contractor as a possibility did not mean someone was going to be asked to sit there unless there was no expertise sitting on the board. She said she asked that this be done because she felt if a situation occurred where a review was needed that review process was not in place. Michelle Nelson said one aspect when doing these types of situations was to make sure the Code was equally applied to everyone, If the provision stated or a licensed contractor and the choice was selective it may lead to a situation where the applicant had the argument of being unfairly treated. December 15, 2020 10. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2020-19-Cont’d.

Commissioner Koenig

said he liked the original.

Commissioner Cox

said she also supported smaller government and preferred option one for that reason. The department in control of this should provide the person with the problem the opportunity to come to the Board and present their issues if they were not satisfied with whatever happened in the original meeting. She also thought putting a contractor on it was going to cause conflict between the contractors and agreed with a liaison from the RPC.

Commissioner Koenig

thought that should be changed to a member of the RPC.

Mr. Waggoner

pointed out that whether it was member of the Commission or a member of the RPC they were not voting in any capacity for their position on the respective board. They were just part of this review committee.

Commissioner Koenig

said the point was once they sat on that board and put their thoughts to the problem if it got appealed to the Commission then the Commission already knew how they thought and that was not supposed to happen. He liked the first one with the addition of the member of the RPC.

Mr. Waggoner

clarified the appeals process on these types of violations would go from this point to a hearing officer. If the hearing officer’s decision was appealed it would go to a courtroom. He did not think these types of appeals would come before the Commission.

Commissioner Cox

said she would rather see it come to the Commission instead of ending up in court.

Commissioner Strickland

made a motion to amend and adopt Nye County Bill No. 2020- 19 with option one, which would read Director instead of planner, and that the effective date would be January 4, 2021; seconded by Commissioner Blundo.

Commissioner Blundo

asked for a friendly amendment to the motion that it read Nye County Planning Director instead of Nye County Community Planner.

Commissioner Strickland

amended her motion to amend and adopt Nye County Bill No. 2020-19 with option one, which would read Nye County Planning Director instead of Nye County Community Planner, and that the effective date would be January 4, 2021;

Commissioner Blundo

amended his second; 5 yeas. December 15, 2020

Commissioner Blundo

asked if the $120 million was just sitting in investment and could become liquid for County purposes.

Ms. Powers

said yes. There was $120 million invested right now in bonds as well as different markets and if need be some of that investment could be liquidated for future funding.

Commissioner Koenig

said a lot of that belonged to the school, some belonged to the towns, and some to the libraries, so it was not all Nye County money.

Ms. Powers

said it belonged to every fund administered by Nye County, not including the School District. II. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2020-20: A Bill proposing to amend Nye County Code Section 17.04.070 Enforcement and Penalties, by adding subsection E Unpermitted Work and subsection F Withhold Permit/Application approvals; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto.

Commissioner Strickland

disclosed she was a licensed contractor that had to obey these ordinances, but she saw no conflict.

Commissioner Koenig

opened the public hearing. Pat Minshall from the Amargosa Valley Town Board asked if this applied to all of Nye County or just Pahrump. Brett Waggoner explained this particular bill draft was Title 17.04, which was just the Pahrump Regional Planning District.

Commissioner Koenig

closed the public hearing.

Commissioner Blundo

asked how quickly an issue of withholding a permit would be addressed as he would like a time limit. December 15, 2020 11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2020-20-Cont’d. Brett Waggoner explained if the permit was being withheld or a certificate of occupancy due to a violation that had not been corrected then it would more or less be up the applicant on how long it would take.

Commissioner Blundo

suggested adding the County would work expeditiously with any applicants to rectify the situation.

Commissioner Cox

asked if this was talking about someone wanting to add to a building they built in the past or if a person coming in wanting to build a separate structure on property with other structures on it required to bring those up to today’s Code.

Mr. Waggoner

said this referred to having an open code compliance case on the property already and they proposed to do something else on the property without addressing the initial violation.

Commissioner Cox

felt it was very open ended and should state what Mr. Waggoner just stated. It should also just pertain to the property they were trying to get the permit on.

Commissioner Strickland

noted this ordinance existed today. The only thing being done was adding the blue lines, which basically said if a permittee did not build to Code and asked for another permit to build that could be denied.

Commissioner Blundo

said he wanted to add “County will expediently address any withheld applications with applicants” as section F.3. Chris Arabia suggested being more specific as people could differ on the meaning of expedient.

Mr. Waggoner

explained once the violations were addressed the County put it right back in the process where it was left off. He asked if Commissioner Blundo meant an expedited process.

Commissioner Blundo

said the intent was to address these concerns very quickly so no one was held up. If the applicant dragged their feet that was on the applicant, but if the applicant responded quickly then the County should as well.

Mr. Arabia

felt that was going away from what had already been contemplated and he was not sure if there would be a conflict with another part of the bill.

Commissioner Blundo

made a motion to amend and adopt Nye County Bill No. 2020-20 with the changes in the back-up and include item F.3., County will expediently address December 15, 2020 11. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2020-20-Cont’d. any withheld applications with applicants, with an effective date of January 4, 2021; seconded by Commissioner Strickland.

Mr. Waggoner

said he would like it to read “County will expediently address any withheld applications once outstanding violations have been addressed.”

Mr. Arabia

expressed his concerns with the term expedient as it was not defined and two people could differ on what expedient was. He recommended stating a time.

Commissioner Koenig

did not agree with someone correcting a violation and then jumping in front of ten other people who were already in process. His point of view was that person went next in the queue. He also felt it was hard to set a time as it depended on what went on in Planning.

Mr. Waggoner

suggested “County will continue the processing of all withheld applications once outstanding violations are addressed or corrected.” That would put it right back in the front, which would happen anyway without that verbiage.

Mr. Arabia

said he understood Commissioner Blundo wanted these people to go to the front of the line, but the Director was saying they would not be put at the back of the line and would kind of have their place saved. Mr. Arabia cautioned against writing the ordinance in such a way that the Planning Department’s actions were voided or caused claims against the County. He felt the bill probably needed to be drafted with more deliberation than could be done now. That might also give Planning a chance to share their input about an appropriate amount of time. Tim Sutton pointed out the word expeditious and expeditiously were used throughout the Code. In Section 17.04.740, regarding landscaping, it said ‘landscaping which died must be replaced by the owner as expeditiously as possible, but in no case longer than 60 days after notification.” He suggested language similar to that

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. Commissioners Wichman and Koenig were presented with plaques of appreciation for their years of service. The Board was in recess until 1:15 p.m.

Commissioner Cox

was not present. 12. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2020-21: A Bill proposing to amend Nye County Code Section 15.16.110 Penalties, by adding Subsection B Unpermitted Work; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto.

Commissioner Koenig

opened the public hearing.

Commissioner Strickland

disclosed she was licensed contractor that was affected by permitted work and ordinances, but she did not see that as a conflict.

Commissioner Koenig

closed the public hearing.

Commissioner Strickland

thought Brett Waggoner wanted to continue this item. December 15, 2020 12. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2020-21-Cont’d.

Commissioner Wichman

said she had talked to Mr. Waggoner many times over the weekend about this. In his last e-mail he said he was going to pull it until some other amendments were made.

Commissioner Strickland

made a motion to continue this item until February 1 7, 2020; seconded by Commissioner Blundo; 4 yeas. 13. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — on ZC-2020-000048: A request for a (Conforming) Zone Change to change 1.15 acres from Neighborhood Commercial (NC) to Rural Estates Residential (RE-I), located at 2201 N. Leslie Street, Pahrump, NV, Assessor’s Parcel Number 029- 791-22. Heidi Sarandi Machado Property Owner/Applicant.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Strickland

made a motion to approve ZC-2020-000048; seconded by

Commissioner Blundo

; 5 yeas. 14. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on ZC-2020-000051: A request for a (Conforming) Zone Change from Neighborhood Commercial (NC) Zone to the Village Residential (yR-b) Zone, on .43 acres (gross) located at 3961 N. Blagg Road, Pahrump, NV, Assessor’s Parcel Number 029-763-12. Manuel Jimenez Property Owner! Applicant.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Strickland

made a motion to approve ZC-2020-000051; seconded by

Commissioner Blundo

; 5 yeas. 15. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on ET-2020-000038: An application for an Extension of Time for a Special Use Permit to allow a marijuana establishment (retail storeldispensary) located at 2370 and 2380 S. Homestead Road, Pahrump, NV. Assessor’s Parcel Numbers 042-312-12 and 042-493-16. GNSL Pahrump, LLCITrevor Gasser— Property Owner. Nevada Organic Remedies, LLC!Brandon Wiegand, Director of Operations — Applicant.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland. December 15, 2020 15. 10:00 a.m. For Possible Action — — Public Hearing, discussion and deliberation on ET-2020-000038-Cont’d. Joe Brezny said now that the industry lawsuits had been resolved this should be the last extension they would need to open.

Commissioner Koenig

opened and closed the public hearing. Savannah Rucker explained the purpose of the augment was to rectify some of the budgeted shortfalls in the FY21 budget and the expectations for revenues at that point in time. Employee concessions were budgeted and this would rectify that by putting the budget being augmented back into the departments. The dollars came from property tax, licenses and permits specifically for marijuana revenues, and intergovernmental revenues as those revenue streams came in higher than anticipated.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Strickland.

Commissioner Blundo

confirmed with Mrs. Rucker that none of this was CARES Act money.

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. 18. 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. Public Works Director Tim Dahi advised he found durapatcher oil in California that would work in this climate. A test run would be done before buying 1,000 gallons. He provided updates on the chip seal road project and the next CIP project. The crews were working on the Calvada Unit on the north end of town that had a road that was never approved. Plowing was occurring in Tonopah as well as gravel hauling. The preliminary plan was to do a couple of roads in Beatty based on the pavement preservation list from the RTC. December 15, 2020 18. 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 Wichman

thanked Mr. DahI for his response with the Cypress Group.

Commissioner Koenig

said Blosser Ranch looked really bad with a lot of potholes and suggested Mr. Dahl may want to address that now.

Commissioner Blundo

asked for a follow-up on communications with the Las Vegas RTC, the Clark County RTC, etc., regarding Tecopa as well as an update on the request to reach out to VEA to get lights on the poles.

Mr. DahI

said he had not gotten with VEA yet, but he and his team had looked into alternate ways to provide intersection lighting throughout the County. He used some RTC intersection safety funds to purchase ten LED solar powered intersection lights. Five intersections would be chosen to put two lights on County-purchased poles. Mr. DahI asked the Commissioners to let him know of any intersections they would like that done at. Pat Minshall thanked Mr. DahI for all the work done on the patches in Amargosa. She asked when Amargosa might get some of the street signs updated due to the address changes. Ammie Nelson said she lived off of Barney and used Basin a lot. She said it was extremely dark from Barney to Blagg. She agreed with contacting VEA to see if they would use some of their equipment on Barney.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 19. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Town of Pahrump Bill No. 2020-02: A Bill Proposing to Amend Pahrump Town Ordinance Chapter 20, Titled Solid Waste, Article Ill, Titled Franchises, Section 20-50, Titled Definitions by Amending the Definition of CPI to Provide for the Specific CPI Rate Relating to Garbage and Trash, and providing for the severability, constitutionality and effective date thereof; and other matters properly related thereto.

Commissioner Koenig

opened and closed the public hearing. McKenzie Warren, appearing on behalf of Pahrump Valley Disposal, explained this was just a definition change. It referred to CPI for everything right now, but there were sub indexes which were more specific to their business. December 15, 2020 19. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Town of Pahrump Bill No. 2020-02-Cont’d.

Commissioner Blundo

made a motion to Town of Pahrump Bill No. 2020-02 effective January 4, 2021; seconded by Commissioner Wichman; 5 yeas. 20. For Possible Action Discussion and deliberation to approve, amend and approve, or reject a rate adjustment to be determined for Pahrump Valley Disposal, Inc. to account for: 1) State legislative mandates; 2) Increased participation in recycling coupled with rising costs; 3) Escalating equipment and labor costs; and 4) Unsustainable rates in the current CPI index regarding fees collected for elective waste and recycling services provided to Town of Pahrump citizens to reflect the outcome of increased participation, changing market conditions and associated costs. Mike Smith from Pahrump Valley Disposal explained recycled products sent to China used to allow 20-30% contamination, but in 201 7 China decided they had enough of the world dumping on them and now it was at .5%. He said with that came more labor because the material had to be cleaned and sorted. The rate adjustment would be about $2.73 a month. Michelle Nelson asked if this rate adjustment was to the Code or a contract, to which

Mr. Smith

said it was to the franchise agreement with the town.

Ms. Nelson

stated this agenda item was not specific enough to make that adjustment. It did not reference the adjustment was being made to an existing contract and that contract should have been provided in the back-up. She suggested the item be continued or brought back with the contract attached and that it be provided to the District Attorney for review prior to being brought to the Board.

Commissioner Strickland

made a motion to continue this item until December 30, 2020; seconded by Commissioner Blundo; 5 yeas. FINANCE

Commissioner Blundo

disclosed he owned Carmelo’s Bistro, which had applied for the CARES Act small business working capital program as well as other CARES Act December 15, 2020 52. For Possible Action Discussion and deliberation to accept or reject applications for the CARES Act Small Business Working Capital Program that were submitted after the deadline of November 16, 2020 totaling a trial amount of $1 50,000.00 from the following list of applications: BLSD, Inc. dba Mom’s Diner, Industrial Light and Power, Living Free Health & Fitness A Non-Profit, Pride Communications, Inc., and WNT, LLC-Cont’d. programs, and he had personally applied for CARES Act programs, but none of that would impede his decision making on this item. Grant Administrator Samantha Kramer explained this item was to accept five applications submitted after the due date totaling $150,000.00.

Commissioner Strickland

made a motion to accept the additional applications for the CARES Act; seconded by Commissioner Blundo; 5 yeas.

Commissioner Blundo

disclosed he owned Carmelo’s Bistro, which applied for small business CARES Act for the business, and he had personally applied for CARES Act dollars as well. That would not impede his ability to participate in this item.

Mrs. Rucker

said as of December 14, 2020, there was a remaining balance of $2.3 million, but she was waiting to see how much of that would be spent. She would like the Board to discuss how they would like to utilize those funds after December 31, 2020.

Commissioner Koenig

asked about the number of applications remaining to be approved and the reasoning for that.

Mrs. Rucker

said a lot of that was timing. Also, the projects sitting pending application and approval were dealing with justification, procurement, and a variety of other reasons.

Commissioner Koenig

asked the same question about the pending applications for small business PPE, small business rental, and small business working capital. Samantha Kramer reviewed the reasons why applications in the different programs were denied. December 15, 2020 53. For Possible Action Discussion and deliberation regarding Nye County’s goals for remaining CARES Act dollars-Cont’d.

Commissioner Strickland

asked for an expanded report at the next meeting explaining that.

Commissioner Koenig

noted small business working capital was in the negative, but there was plenty of money in the other small business programs. He asked if money could be moved from one program to another.

Mrs. Rucker

said the Board could do that, but since the overall remaining balance was positive she did not think that had to be done.

Commissioner Blundo

asked if any of the denied applicants had been contacted for missing paperwork and provided an opportunity to get the paperwork in. He knew there were concerns about receipts, but he wondered if any of the applications could be unencumbered to help people with this money.

Commissioner Koenig

said the first goal listed on the agenda item was to extend the time for CARES funding available to the community with federal oversight. He thought if that was made one of the top goals it would cover both his and Commissioner Blundo’s concerns.

Commissioner Strickland

felt this program should finish its course and be re-addressed when it was done.

Commissioner Cox

suggested sending a notification letter to each business to be sure they knew they about this as she had talked to several businesses that did not know about it.

Commissioner Koenig

said that would take care of Pahrump but not Beatty, Tonopah, etc., where there were no business licenses.

Commissioner Cox

said it could also be sent to the town boards of those towns.

Commissioner Blundo

expressed his frustration with not getting the money out to the people and asked how this was advertised. Public Information Officer Arnold Knightly advised he sent an e-mail out in the morning which had 219 e-mails attached to it. His e-mail was then re-sent by those e-mail accounts. Flyers were done, VEA pushed it out, the Coalition pushed it out, it was posted on Facebook pages which got shared, etc. Mr. Knightly felt the outreach was extensive, especially considering how many times it was discussed in a Commission meeting. Tim Sutton added he knew it went out to the various chambers of commerce as well. December 15, 2020 53. For Possible Action Discussion and deliberation regarding Nye County’s goals for remaining CARES Act dollars-Cont’d. Health and Human Services Director Karyn Smith said she also e-mailed Mr. Knightly and they worked together to create a flyer to get more information out on their programs through CARES. Staff individually called landlords as well as utility companies and stayed in touch with the justice court to get the word out. Ms. Smith said they received feedback which indicated a lot of landlords did not want to go through the program as they were tired and just wanted to evict people. Ms. Smith said they were also in touch with Nevada Rural Housing as they had started their program earlier.

Mrs. Rucker

said based on the discussions she would bring back an item closing out the federal CARES dollar grant program highlighting all of the programs; add the applications denied, withdrawn, etc., so the Board could see the applications and reasons they were not approved; bring back a budget correction to deal with the CARES item so the County was legal with state statute for budget requirements; and bring back an item to determine how the Board would administer the remaining CARES. Diane Southworth thought this was a good idea and she was all for helping the people in the community. Ammie Nelson suggested earmarking some of the money for the Division of Child and Family Services as they worked in each area as well as the senior centers. Melissa Blundo thought advertising to the community was not sufficient. The government had received 78% of the money dispersed so far and people in business received 22%. If the government got the remaining $2.3 million they would receive 83.5% of the total grant money and the purchases were a little questionable. She was embarrassed the government was taking the bulk of this money and the people were not getting it. John Bosta said he would like to see the individual accounts where the money was spent in the County for a budget crisis because in some cases he did not believe the crisis existed. He did not understand why so much money was going to the County as the increase over the normal budget was not that much. Patrick Lazenby from the Department of Emergency Management explained anything requested by his department was to mitigate the effects of COVID, to help disinfect COVID, and to help protect the responders from being exposed to COVID. He did not think they requested anything out of the ordinary or that was not needed. He reminded the Commission that the County employees were also citizens and taxpayers and a lot of what was requested went toward protecting those people. Emergency Management Director Scott Lewis added they had requested and not received many of the requests, but all requests were geared to patient management December 15, 2020 53. For Possible Action Discussion and deliberation regarding Nye County’s goals for remaining CARES Act dollars-Cont’d. and limiting patient contact. He asked the Board to not just look at a price tag as that did not tell the story.

Commissioner Blundo

wanted to know if any of the expenses could be also routine and if the difference for that would be taken from the respective budgets.

Mrs. Rucker

explained they were all projects and expenses not budgeted in the current fiscal year and that was one of the requirements to use CARES dollars for expenses. This money was being used to add equipment, pay for unbudgeted overtime, and for County services that supported the constituency. BOARD OF COMMISSIONERS 32. 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: David Bembas, Katherine Currie-Diamond, Osvaldo Fumo. David Bembas said he was trying to get back into public defense work. He completed his internship at the Washoe County Public Defender’s Office and passed the Nevada board. He had also appeared in criminal court in Nye and the Tonopah district court. Katherine Currie-Diamond said she was an independent solo practitioner right now doing some independent contracting in justice court in Clark County and the Las Vegas municipal court. She was a Las Vegas prosecutor for four years and completed 75 bench trials in that time. She applied for the contract because she thought it would be a good opportunity to expand her business and acumen. She had experience observing felony jury trials as well as representing on misdemeanors. Osvaldo Fumo said he had been practicing law in Nevada since 1996 and in 2014 partnered with Tom Pittare, who had been practicing for 45 years. There were six attorneys in his firm with two designated to every trial so there would not be a situation with a solo practitioner who got sick requiring cases to be passed to other attorneys.

Commissioner Strickland

pointed out Mr. Fumo would be obligated to perform this contract, not the firm, and asked if he was ready to take on that obligation.

Mr. Fumo

felt it would be a huge cost savings the other way. The firm had liability insurance as well.

Commissioner Strickland

said this public defender service was for a person, not a law firm, so she needed an independent contractor status from him and he had to perform as a lawyer to the public defender services and not his firm. She asked Mr. Fumo again if he understood that obligation. December 15, 2020 32. 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: David Bembas. Katherine Currie-Diamond, Osvaldo Fumo-Cont’d.

Mr. Fumo

stated there was professional liability insurance at the firm and he did not know if anyone else had that kind of coverage. Also, as a firm-based practice rather than an individual there would be a cost savings to the County because it would not have to contract hourly with another attorney. Lorina Dellinger explained the County was contracting with one independent contractor, one attorney. The County moved away from contracting with a firm to avoid costs for conflicts, which had saved over $700,000.00 in conflict attorney fees.

Commissioner Blundo

asked if Mr. Fumo was to be awarded this contact as an individual could he send someone from his firm to address it as he would not get any more money.

Mrs. Dellinger

said he could not send anyone in his place. The County did not allow for partners, associates, etc. It must be the contractor that the County contracted with who appeared in court. If someone was covering there was a provision in the contract to allow that, but someone coming in for certain types of hearings was not allowed. It must be the public defender contracted with.

Commissioner Wichman

said Mrs. Dellinger had helped the Indigent Defense Board establish the requirements in order to keep the State and County out of trouble. While the requirements from the Indigent Defense Board for public defenders to have individual certifications for the things they did were not in place yet, everything had been done to make sure everything was going to be adhered to that would be in those requirements. That was why it had to be an individual and not a firm.

Commissioner Strickland

asked if Mr. Fumo was willing to have his application go forward with him as an individual and not as a firm, otherwise his application could not be considered.

Mr. Fumo

stated he was part of a firm and his intent was to oversee attorneys working in Nye. He still thought a multi-party firm would be a benefit and wanted his application to go forward as a firm.

Commissioner Strickland

said the Board could not accept an application from a firm.

Commissioner Wichman

made a motion to once again go out and advertise for more applicants.

Commissioner Wichman

said Mr. Fumo’s application was the only one that she found in the group that met all requirements that would become law as early as February so December 15, 2020 32. 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: David Bembas, Katherine Currie-Diamond, Osvaldo Fumo-Cont’d.

Commissioner Strickland

seconded the motion to once again go out and advertise for more applicants.

Commissioner Cox

pointed out there were three different people applying. If this could not be done the way it normally was she asked what was wrong with appointing one of the other people. She felt Ms. Currie-Diamond had a good history and background.

Commissioner Wichman

explained one of the things the lawsuit was about was an individual who was not qualified to represent capital cases. That was one of the things the County tried to avoid since then and Mr. Fumo was the only one she saw that had any capital experience.

Mr. Bembas

said he did not have capital criminal experience, but in his supplemental letter of interest he listed out the experience he did have in the time he had been licensed. Instead of receiving a new contract, he wondered if it might be possible for any of the applicants to accept a modified contract where they were only eligible to handle cases their experience allowed.

Ms. Currie-Diamond

advised when she reviewed the Web site for the qualifications she did not remember seeing any requirement to be capital qualified. If that was a requirement there might be an issue with one or all of the County’s public defenders because that certification was a particular type of certification. She did not have death penalty certification, but she was the law clerk for a number of murder cases in the Eighth Judicial District Court. Chris Arabia said there was a slight difference in the interpretation of a term. All capital cases were murder cases but not all murder cases were capital cases. He did not even have that certification and did not think any of the public defenders had the capital certifications. Mr. Arabia did not read the public defender contract as requiring qualification to do a death penalty case. He said it was important to keep in mind that just because someone did not need a certification to do to capital cases did not make any lawyer off the street qualified to do a capital murder case.

Commissioner Blundo

said if this passed he would like to have the contracts reviewed to revisit a firm at the same rate. Michelle Nelson recommended the Board reject this item and direct staff to send it out for further applications. December 15, 2020 32. 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: David Bembas, Katherine Currie-Diamond, Osvaldo Fumo-Cont’d. Ammie Nelson thought the Board should listen to Commissioner Wichman as she was on the Indigent Defense Board and had knowledge of what would happen in a very short period of time. Daniel Martinez, one of the current public defenders, expressed his concerns about waiting until February and continuing to be short on public defenders if qualified applications were not received after re-advertising. As to firms being able to apply, Mr. Martinez said prior to being one of the County’s public defenders he worked at the Las Vegas Public Defender, the Henderson Public Defender, and he was a conflict public defender in Clark County. All of those contracts allowed associates to appear, allowed firms to have them, and the firms could subcontract with other attorneys. Additionally, whoever appeared had to go through a background check to make sure they met the minimum standard of qualification. If Mr. Fumo got the contract he would be responsible for the work of associates he sent out. Also, the proposed regulations from the Indigent Defense Board listed different types of cases public defenders could handle based on their qualifications. Under the contract now public defenders were asked to meet the highest qualifications, but Mr. Martinez thought there may be room to change the contract or make another contract for lower qualifications and they would not handle felonies and capital felonies cases. At that point they could get their experience and then maybe go for one of the other contracts and handle the more serious offenses.

Commissioner Wichman

asked Ms. Currie-Diamond if she still felt she had the minimum qualifications required to fulfill this contract.

Ms. Currie-Diamond

said yes, other than for murder cases. However, she did have many contacts and mentors within the community, one of them being Mr. Martinez who just did a murder jury trial case. She said that was one of the ways independent contractors such as herself gained experience.

Commissioner Wichman

withdrew her motion; Commissioner Strickland withdrew her second.

Commissioner Wichman

made a motion to appoint Katherine Currie-Diamond; seconded by Commissioner Strickland.

Ms. Nelson

asked Commissioner Wichman to restate her motion. It was not to appoint

Ms. Currie-Diamond

but rather to approve the contract for public defender services.

Commissioner Wichman

restated her motion to approve the contract with Katherine Currie-Diamond; Commissioner Strickland restated her second; 4 yeas. Commissioner Blundo voted nay. December 15, 2020 32. 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: David Bembas, Katherine Currie-Diamond, Osvaldo Fumo-Cont’d.

Commissioner Blundo

told the County Manager he would like the contracts revisited to incorporate firms for the same rate. Chris Arabia was not present. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 22. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid 2020-02 PVFRS Station 2 from Top Rank Builders, Inc. in the amount of $679,069.00 and B&H Construction, Inc. in the amount of $977,898.00; 2) Approve, amend and approve, or reject the contract to Top Rank Builders, Inc. or B&H Construction, Inc.; and 3) Fund from 25251 Town of Pahrump Fire Impact Fees; or 4) Reject bids as both responses were two to three times greater than the allocated project budget of $385,500.00; and 5) Provide direction to staff on how to proceed with the project.

Commissioner Strickland

disclosed she was a general contractor with a steel erection license and a sublicense for septic systems. Both were being heard today, but she did not believe there was a conflict as she had never been on a Nye County project.

Commissioner Wichman

made a motion to reject the bids and direct staff to rework the items; seconded by Commissioner Strickland.

Commissioner Blundo

questioned disclosure of the budget. Purchasing and Contracts Administrator Danielle McKee said the budget in this fund was public record. Estimates were received for the living quarters at $200,000.00, leaving the remainder for the steel building and putting it up. Bidders were advised of the budget for the project during the question and answer period.

Commissioner Blundo

asked if the balance would roll over to another fund. Savannah Rucker explained this was the fire impact fee fund and the money was required to be spent on very specific firehouse projects such as this.

Commissioner Cox

asked what the cost to do the project in-house would be and if there was anything that said it cou’d not be done in-house if it was over a certain amount of money.

Ms. McKee

said there were some requirements for doing services in-house, but for certain projects the bidding process could not be circumvented and prevailing wage had to be paid. What was being proposed to be done in-house was preparing the base with December 15, 2020 22. For Possible Action Discussion and deliberation to: 1) Discuss the bid proposals received for Bid 2020-02-Cont’d. help from Public Works. The steel building was already purchased under NRS 332 at the direction of the labor commissioner. They would have to go out to bid for the concrete work and the de-nitrification system as neither of those could be done in- house. The other services would be preparing the base, erecting the building and having the electrical done by an electrician. Ms. McKee explained by breaking it out and acting as a primary contractor in-house the mark-ups from each subcontractor would be eliminated.

Commissioner Cox

mentioned subcontractors would still be needed for certain things. She then said she did not know why the County kept spending money and asked Mrs. Rucker if there was any other money allocated specifically for buildings to tap into in order to have the bid stand.

Mrs. Rucker

said the Board reviewed all of the capital funds and approved the plans. While there was budget in other funds that may appear to be available, there were projects lined up to be completed using those dollars. She would have to do a deep analysis to see if there were additional dollars available. Buildings and Grounds Manager William Allen said the pad would be done by the Road Department. The electrical was already on site and the panel in the building needed to be upgraded. All mechanical, electrical and plumbing would be done by licensed contractors. County employees would do the items they were qualified to do, which would save quite a bit money as they were not being paid prevailing wage. Mr. Allen pointed out this was the same thing they did with the one-stop shop and what was being done with the Kellogg Park.

Commissioner Cox

said she was concerned with the legality of it and the limit that required going out to bid. Ammie Nelson supported rejecting the bid and felt the majority of the work could be done in-house. Commissioner-Elect Frank Carbone asked if this project was something urgent.

Commissioner Koenig

said the building had been there for a while, which was being torn down now, and the people in the neighborhood would be happy to see a fire department there, but he was not sure there was a timeline. Fire Chief Scott Lewis said it had been a top priority for the past several years, but it was not something they wanted to pass on to the taxpayers with hidden costs and he also believed it could be done a lot cheaper in house with a lot of qualified people.

Commissioner Wichman

made a motion to accept the grant from the State of Nevada Commission on Tourism, execute the award documents and fund from 24220; seconded by Commissioner Blundo; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 24. 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 24-25; seconded by

Commissioner Strickland

; 5 yeas. 25. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in March for Tuesday, March 16, 2021 in Pahrump, Nevada.

Commissioner Blundo

made a motion to approve items 24-25; seconded by

Commissioner Strickland

; 5 yeas. BOARD OF COMMISSIONERS 33. For Possible Action Discussion, deliberation, and consideration of support for the proposed federallcounties lands bill to direct the Secretary of Agriculture and the Secretary of Interior to convey certain Federal lands to the Counties of Nevada to ensure continued access, and for other purposes.

Commissioner Wichman

clarified she wanted a letter of support for Elko County’s efforts and did not wish to direct anybody. December 15, 2020 33. For Possible Action Discussion, deliberation, and consideration of support for the proposed federallcounties lands bill to direct the Secretary of Agriculture and the Secretary of Interior to convey certain Federal lands to the Counties of Nevada to ensure continued access, and for other purposes-Cont’d.

Commissioner Wichman

made a motion to approve a letter of support for Elko County; seconded by Commissioner Blundo; 5 yeas. 34. For Possible Action — Review of the Nye County Jurisdictional Assessment and Action Plan.

Commissioner Blundo

said he asked for this item so members of the public could review and comment on it.

Commissioner Wichman

made a motion to appoint James Gitzlaff and Dennis Hall; seconded by Commissioner Strickland. John Bosta asked that his written statement be included in the minutes [see Attachment 1]. He did not think expiring terms were vacant terms as the incumbent still had 16 days before the end of the term. He asked the Board to not take any action on items 35-43 as they were contrary to state and federal law. Michelle Nelson advised it was standard and customary to appoint members when the term was expiring and there was no irregularity in these proceedings.

Commissioner Wichman

made a motion to appoint David Brady, James Osburn and Laura Taylor; seconded by Commissioner Strickland; 5 yeas. December 15, 2020 37. For Possible Action Discussion and deliberation to appoint three members to the Beatty Town Advisory Board due to three expiring terms from the following list of applicants: Kelly Carroll, Perry Forsyth and Melody Koivu.

Commissioner Wichman

made a motion to appoint Kelly Carroll, Perry Forsyth and Melody Koivu; seconded by Commissioner Strickland; 5 yeas. 38. For Possible Action Discussion and deliberation to appoint two members to the Belmont Town Advisory Board due to two expiring terms from the following list of applicants: Douglas Baker and Larry Marshall.

Commissioner Wichman

made a motion to appoint Douglas Baker and Larry Marshall; seconded by Commissioner Strickland; 5 yeas. 39. For Possible Action Discussion and deliberation to appoint seven members to the Central Nevada Museum Advisory Board due to seven expiring terms from the following list of applicants: Douglas Baker, Harris Brokke, Cindy Kaminski, Randy McLean, Alan Metscher and Phyllis Sorhouet.

Commissioner Wichman

made a motion to appoint Douglas Baker, Harris Brokke, Cindy Kaminski, Randy McLean, Alan Metscher and Phyllis Sorhouet; seconded by

Commissioner Strickland

; 5 yeas. 40. For Possible Action Discussion and deliberation to appoint two members to the Gabbs Town Advisory Board due to two expiring terms from the following list of applicants: Carlton Green and Kenneth House.

Commissioner Wichman

made a motion to appoint Carlton Green and Kenneth House; seconded by Commissioner Strickland; 5 yeas. 41. For Possible Action Discussion and deliberation to appoint five members to the Nye County Park and Recreation Advisory Board due to five expiring terms from the following list of applicants: David Harris.

Commissioner Strickland

made a motion to appoint David Harris; seconded by

Commissioner Wichman

encouraged either staff or the Board to consider changing the by-laws to a three-member board. Tim Bohannon asked what would happen with the other two open spots.

Commissioner Koenig

said it would be re-advertised.

Commissioner Wichman

made a motion to appoint Judith Grover and Susan Sharp; seconded by Commissioner Blundo; 5 yeas. 43. For Possible Action Discussion and deliberation to appoint one member to the Regional Transportation Commission due to one expiring term from the following is a list of applicants: Dan Schinhofen.

Commissioner Blundo

made a motion to appoint Dan Schinhofen; seconded by

Commissioner Wichman

; 5 yeas. 44. For Possible Action Discussion and deliberation to appoint five members to the Round Mountain Town Board due to five expiring terms from the following list of applicants: Heather Enzi, Robert Spivey and James Swigart.

Commissioner Wichman

made a motion to appoint Heather Enzi, Robert Spivey and James Swigart and ask that board to also consider changing their by-laws to return to a three-member board; seconded by Commissioner Strickland. John Bosta asked that his written statement be included with the minutes [see Attachment 2]. He said an expiring term was not a vacant term as the incumbent still had 16 days before the end of the term. He also wondered why only three of the five terms were being filled and asked the Board to take no action on this item. Tim Sutton advised NRS 283.040 had definitions for vacancy and referenced incumbent numerous times.

Commissioner Blundo

made a motion to approve the Memorandum of Understanding between Nye County and the Fifth Judicial District Court; seconded by Commissioner Strickland; 5 yeas. COUNTY MANAGER 47. For Possible Action Discussion and deliberation to ratify or reject the County Manager’s selection of Elona Goidner as Director of Human Resources.

Commissioner Wichman

made a motion to ratify the County Manager’s selection of Elona Goldner; seconded by Commissioner Strickland.

Commissioner Blundo

said he thought Ms. Goldner was uniquely qualified but he did not like that an opportunity to apply was not provided to the public.

Commissioner Wichman

made a motion to appoint Tyler Todd to the 9-1-1 Advisory Committee; seconded by Commissioner Blundo; 5 yeas. 49. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject an Application for Permission to Change Point Of Diversion, Manner Of Use And Place Of Use Of The Public Waters Of The State Of Nevada Heretofore Appropriated to include production for water rights located at 3871 E. Mesquite Ave., Pahrump, NV, Outdoor Shooting Range.

Commissioner Strickland

disclosed she was a licensed well drilling contractor but saw no conflict in this item.

Commissioner Strickland

made a motion to adopt the application for the CPOD; seconded by Commissioner Wichman; 5 yeas. December 15, 2020 FINANCE 50. For Possible Action Discussion and deliberation regarding: 1) A request to set a date, time and location for a Public Hearing on Nye County Bill No. 2020-23: A Bill authorizing the issuance of the “Nye County, Nevada, Consolidated Tax Bond, Series 2021” in the maximum principal amount of $4,100,000, for the purpose of acquiring, constructing, improving and equipping building projects within the county, including an animal shelter; providing the form, terms and conditions of the bonds and other details in connection therewith, and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Strickland

made a motion to set the date and time for December 30, 2020, at 10:00 a.m.; seconded by Commissioner Cox.

Commissioner Blundo

said he could not support setting a date and time as he thought it could have been done a lot cheaper and that should have been pursued even if it took a few months. Leah Aldridge said she would like to see this move forward.

Commissioner Strickland

read the title of the bill into the record. 51. For Possible Action Discussion and deliberation regarding the budget status for October 2020 for Nye County and all sub-entities for Fiscal Year 2021. Savannah Rucker reviewed the budget to actual revenue report and expenditure report though October 31, 2020. Revenues were coming in better than anticipated and were $3.2 million over this time last year. The general fund budget status showed most of the over budget projections were due to the employee concessions budgeted, but the augment today would resolve most of those issues. She said overall the departments were doing a great job of managing their budgets and there were no departments she was concerned with at this point in time. Tim Bohannon noted the property tax revenue was going up and asked if it was expected to be about the same for the next couple of years or if it would be a concern.

Mrs. Rucker

said that was something they were assessing on a weekly basis to plan for next year. December 15, 2020

Commissioner Blundo

disclosed he owned Carmelo’s Bistro, which had applied under the CARES Act as a business, and he had applied as an individual. That would not influence or preclude him from participating. Samantha Kramer said NV Energy had reached out to the County to advise 15 individuals were behind $13,000.00 on power bills. She would like to add to the policy on page 9 under public program that Nye County could issue funding directly to utility companies that had verified the need due to COVID. She said that would allow them to work with other utility companies as well.

Commissioner Strickland

made a motion to amend as said; seconded by Commissioner Wichman; 5 yeas.

Commissioner Blundo

made a motion to approve and execute; seconded by

Commissioner Strickland

; 5 yeas. December 15, 2020 PUBLIC WORKS

Commissioner Wichman

made a motion to approve the contract with Atkins, execute the contract and fund as directed by the Comptroller; seconded by Commissioner Blundo; 5 yeas.

Commissioner Koenig

that the only time she had been on a building site was to deliver papers for the Sheriff’s Auxiliary or Sheriff’s Office, which could be confirmed with dispatch. She was stunned that Commissioner Koenig had so little regard for her character he would pass information on without contacting her and apparently did not care if it was true or not. Ms. Minshall said that was slander and the definition of defamation of her character. Ammie Nelson repeated her request for the Board to make the adjustment that once Commissioners left office they were not eligible for appointment to a board for four years. She then commented that when the Board took a break there was incredible background noise on the phone. Tim Bohannon provided an update from the Nevada Standardbred Association and thanked the Board for their hard work this year during the challenges that occurred. Janice Berard said she was familiar with what Ms. Minshall was experiencing simply because she did not want to play ball with the people in charge. She thought it was important for the new Commission to take the steps that would stop that type of action. ______________day December 15, 2020

Commissioner Wichman

advised the Commissioners that Sam Merlino would swear her in for the SLUPAC Board.

Commissioner Strickland

asked staff to do some research for starting the meeting at 9:00 a.m. as she thought it was a little hard on staff and everyone on the Board to have the meetings go so late.

Commissioner Blundo

announced the Pahrump Holiday Task Force community Christmas dinner would be on December 24, 2020, curbside pick-up only, from 10:00 a.m. to 1:30 p.m. at the Nye Communities Coalition, 1020 E Wilson Road. He then asked the County Manager for updates by Friday on the letters he had previously asked to be written, including one to repeal the commerce tax; a discretionary budget for the Board; the Commission assistant-type person; district newsletters for the Board members; and the County Manager’s contract and the discussion of changes. Tim Sutton advised there was a Nevada economic assistance project live, which was a survey for the residents and a great opportunity for taxpayers to weigh in. Savannah Rucker stated the jail bond refinance closed on December 10, 2020, and the savings that generated was an average of $250,000.00 a year for the County over the life of the bond.

Commissioner Cox

said this year’s Christmas dinner would only be ham and sweet potatoes with trimmings served cold because there was a problem with the oven in the Coalition building and no one knew who was responsible for its repair. She asked Mr. Sutton to look into that.

Mr. Sutton

said that that building was owned by the School District, but he would contact the superintendent.

Commissioner Blundo

thanked Commissioners Koenig and Wichman for their hard work and service to the public and said both would be missed.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: tC Qf ,202. L , . Chair F 1 Nye Cunty Clerk / Deputy Kelly Sidman From: John Koenig Sent: Wednesday, December 16, 2020 7:47 AM To: Kelly Sid man Cc: ‘John Bosta’ Subject: FW: Items 35-43 Kelly, this is the other comment Mr. Bosta wants included in the minutes from yesterday. From: John Bosta <bostajohn@gmail.com> Sent: Tuesday, December 15, 2020 7:27 AM To: John Koenig <jkoenig@co.nye.nv.us> Subject: Items 35-43 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. John, Please include my Dec. 15, 2020 BoCC Items 35-43 comments in the Minutes of this meeting: NRS 283.010 is the codification of Section 33 Resignations of Chapter CVIII (108) of Assembly Bill (AB) No. 67 approved March 9, 1866. [Part 33:108:1866) ...“shall be at liberty to resign such office, though he may not have entered upon the execution of its duties or taken the requisite oath of office.” NRS 283.040 is the codification of Sec. 35 Vacancies of Chapter 108 of AB 67 approved March 9, 1866. [Part 35:108:1866]. Every office shall become vacant upon the occurring of either of the following events before the expiration of the term of such office: The Term of the Incumbents are not vacant at this time. The seats will be vacant after the first Monday January 2021. I can find no Nevada Statutes adopted by the Nevada Legislature defining “expiring term” as a “vacant term”. Can any of you? The Agenda Items 35-43 are “For Possible Action” Discussion and deliberation to appoint members due to “expiring terms” from the following list of applicants. The expiring terms are not “clear and complete” of the topic to be considered. An expiring term is not a vacant term, the incumbent still has 16 days before the end of the term. The beginning date and ending date of the term is not given. Each of you has taken an oath to support, protect and defend the Constitution and Government of the United States, and the Constitution and government of the State of Nevada. The filling of expiring terms is not following the Nevada Constitution or the Statutes of Nevada. Please take no action on items 35- 43. Respectfully, John F. Bosta ATTACHMENT 1 1 Kelly Sidman From: John Koenig Sent: Wednesday, December 16, 2020 7:46 AM To: Kelly Sid man Cc: ‘John Bosta’ Subject: EW: Minutes Kelly, this is the comment Mr. Bosta wants included in the minutes from yesterday. From: John Bosta <bostajohn@gmail.com> Sent: Tuesday, December 15, 2020 12:10 AM To: John Koenig <jkoenig@co.nye.nv.us> Subject: Minutes CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. John, Will you please include my comment in the minutes. Please include my Dec. 15, 2020 BoCC Item 44 comments in the Minutes of this meeting: On October 31, 1864, President Lincoln proclaimed that the State of Nevada was admitted into the Union on an equalfooting with the original states. The Nevada Constitution Article 17 Section 13 “all township officers shall continue in office until the expiration of their terms of office, and until their successors are elected and qualified; and the officers then elected, shall hold office from the first Monday of January AD. Eighteen hundred and Sixty five until the first Monday of January AD. Eighteen hundred and sixty seven, and until their successors are elected and qualified.” NRS 283.010 is the codification of Section 33 Resignations of Chapter CVIII (108) of Assembly Bill (AB) No. 67 approved March 9, 1866. [Part 33:108:1866] ...“shall be at liberty to resign such office, though he may not have entered upon the execution of its duties or taken the requisite oath of office.” NRS 283.040 is the codification of Sec. 35 Vacancies of Chapter 108 of AB 67 approved March 9, 1866. [Part 35:108:1866]. Every office shall become vacant upon the occurring of either of the following events before the expiration of the term of such office: March 16, 2020 the Office of the Nye County Clerk listed the 2020 Candidates who filed for Elected Office. No Candidates filed for 2 Seats-Unexpired-2 year term and 3 Seats-4 year term for the Round Mountain Town Board. The Term of the Incumbents are not vacant at this time. The seats will be vacant after the first Monday January 2021. I can find no Nevada Statutes adopted by the Nevada Legislature defining “expiring term” as a “vacant term”. Can any of you? The Agenda Item 44. For Possible Action Discussion and deliberation to appoint five members to the -. — Round Mountain Town Board due to five expiring terms from the following list of applicants. The expiring term is not “clear and complete” of the topic to be considered. An expiring term is not a vacant term, the incumbent still has 16 days before the end of the term. The beginning date and ending date of the term is not given: Only three of the five terms are being filled. Why? 1 ATTACHMENT 2 Each of you has taken an oath to support, protect and defend the Constitution and Government of the United States, and the Constitution and government of the State of Nevada. The filling of expiring terms is not following the Nevada Constitution or the Statutes of Nevada. Please take no action on item 44. Respectfully, John F. Bosta 2