April 6, 2021

Commissioner Blundo

asked if the COVID trajectory was going down. Chief Lewis said it was stable. It was going down in increments but was still over 5% and it needed to be 5% or less.

Commissioner Carbone

asked where Nye fit in with the other counties as far as cases. Chief Lewis said Nye was receiving appropriate vaccinations based on its population. He was seeing fewer people requesting the vaccine in the outer areas as most have received it, but Pahrump remained a challenge because of the population. He felt Nye was aligned with the surrounding counties.

Commissioner Jabbour

expressed his concern with the new variants coming out of California. The numbers he had due to the mutating situation was 41 % of new cases in Nevada were coming out of California. He asked if that information was correct. Chief Lewis said yes to the best of his knowledge. The CDC and State officials stated the variants were affecting the children and were easier to spread. It needed to be watched closely to make sure the current vaccinations would protect people from the variants as they were discovered. There was speculation that there may need to be a booster to assist with those variants, but there was confidence that the current vaccines would be effective against the variants. Tim Sutton clarified he was drafting the reopening plan and it would be on the next Pahrump meeting agenda for Board approval.

Commissioner Jabbour

understood the County Manager’s directive was to open on March 15, 2021, and he asked if that was done, to which Mr. Sutton responded yes.

Commissioner Jabbour

asked why part three of item 33 was included today considering that directive.

Mr. Sutton

explained that was the item he was asked to put forward. In discussing the matter with Commissioner Blundo, whose item it was, he was okay with Mr. Sutton removing that part. April 6, 2021 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)

Commissioner Cox

thanked everyone who participated in putting up the new sign at the Bob Ruud Community Center.

Commissioner Blundo

commented that Easter went well with the PDOP and the new Holiday Task Force. He asked for an item directing a letter to the School District to encourage, recommend and make a strong point that they should be opened teaching the children in school. He then said he knew there was a review about an e-mail through the District Attorney’s Office and that Commissioner Cox had brought it up about wearing masks in chambers. Commissioner Blundo had never seen it come back and asked Mr. Sutton to look into it as Commissioner Cox had not been able to participate in the meetings in person due to her health concerns.

Commissioner Carbone

said he would like to set up a workshop on the issues regarding the way business was done in Pahrump and the County with people coming in and selling homes that did not understand the nature of the County and the needs for wells, etc., followed by a presentation to the Board.

Commissioner Jabbour

said he understood what Commissioner Blundo said regarding the school system, however, the School District had absolute autonomy from the Board of County Commissioners. He felt a letter of support would be better. Chris Arabia said it had been a month since the memorial for Don Chairez and Bear Smith and they were greatly missed in the courthouse and everywhere.

Commissioner Cox

felt the Governor’s order was in direct conflict of the law requiring when a public meeting was held all people in attendance had to be seated. She was not sure if he could override that and thought possibly the meeting location would need to be changed. She also wondered if the social distancing was still at six feet as she thought when the Governor changed it to 50% capacity it was reduced to three feet.

Commissioner Strickland

reminded the public they could always call in and when someone spoke they could leave the room to allow another person in.

Mrs. Tackett

said as far as she knew there was no change to the six-foot social distancing requirement. Bunny Wheeler advised the CDC changed it from six feet to three feet. Maria Zlotek advised the Board that the Sheriff just stated if the Board would reopen general public comment there were a few participants outside of chambers that would like to comment under public comment. Ms. Ziotek was willing to step out and have the Sheriff come in and also persons outside the doors who want to comment on a specific April 6, 2021 5. 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) item. If each item could be checked on she would go out to see and step out if someone wanted to comment. Ron Morgan said 30 more people could be in the room and still social distance at six feet. He wondered why they were not being let in. Anthony Greco pointed out the Commissioners were not social distancing and wondered why the public had to.

Commissioner Jabbour

said Nye County had been inundated with reclamation concerns whether it was motorcycle, off-road vehicles, side-by-sides, etc. He welcomed them back, but he wanted them to be aware eyes were on them and every other group that came through on either BLM or County roads.

Mr. Phillips

said over the past 25 years of running events they had to do more and more grading. Now pretty much all of the Vegas to Reno course was graded from start to finish. Mr. Phillips felt there would be minimal impact considering it was motorcycles only. Public Works Director Tim DahI invited Mr. Phillips to meet with him to discuss road or trail access in Nye County. April 6, 2021 8. 10:00 am. Presentation of certificates and/or plagues to two employees honored for their years of service. Certificates and/or plaques were presented to the following County employees for their years of service: 10 Years: Jimmy Shaner 15 Years: Jason Blackburn

Commissioner Strickland

opened the public hearing. Jenny Sartin, CEO of the Pahrump Valley Chamber of Commerce, was present and advised they had a State-approved safety plan. Mark Broedling from the Pahrump Valley Little League stated they already had the field allocations for those dates and had games scheduled. They were just notified by the town last night. Samantha Tackett explained during field allocations they were notified and the schedules were made with the understanding if there was a large event at any of the facilities those events took precedence and the other groups would have to be moved.

Commissioner Carbone

asked that a policy be developed stating that so everyone was clear.

Commissioner Jabbour

asked if there was an available park in Pahrump that the little league could be moved to.

Mrs. Tackett

said she would have to check the schedule.

Mr. Broedling

said they would work with the County, but they had a temporary fence up already and had games all the way up to two weeks after the event. They were open to have a discussion to mutually use the facility.

Commissioner Strickland

said this event had been at Petrack Park in the past and without conflict. She was concerned this may need to be looked into more so everyone could work together.

Commissioner Carbone

asked the applicant what kind of coordination was done. April 6, 2021 10. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation to issue an Outdoor Festival License to the Pahrump Valley Chamber of Commerce for the Pahrump Balloon Festival to be held April 29, 2021 through May 2, 2021, at Ian Deutch Park located at 1600 Honeysuckle Street, Pahrump, NV-Cont’d.

Ms. Sartin

explained the reason they moved was to meet the criteria set by the State to get the large gathering plan approved. It needed to be inside of a fenced facility to monitor the number of people coming in. As to the baseball, she understood, but this was the way it was done all over the State. Ms. Sartin was excited to be the first big event upon reopening and felt the community would be disappointed if it could not be held. She said she would be willing to work with the little league but was concerned about the liability.

Commissioner Strickland

asked Mr. Broedling if he could work with the Pahrump Valley Chamber of Commerce to find a solution.

Mr. Broedling

said they would, but they would have to submit a new COVID plan as their plan only covered lan Deutch Park. Jimmy Martinez from Pahrump Buildings and Grounds advised as of right now the little league had allocations, but precedent was any time an event was at the park that got priority. If this event moved forward the balloon festival would get precedence over the field and little league would have to step back until the event was over. All groups knew that.

Commissioner Jabbour

asked Mr. Martinez if there was another park in Pahrump that little league could be moved to.

Mr. Martinez

said at this time no. With the COVID restrictions Ian Deutch was the only park that could be used at this time. Capacity could not be maintained at the other parks.

Mr. Broedling

asked the Pahrump Chamber to reach out to them. Richard Goldstein did not understand why the event was moved from Petrack Park as that was a much better venue. He felt the County needed to fix the problem since it double booked the park.

Commissioner Strickland

asked for an agenda item to use COVID money to put fencing up at the parks. Assessor Sheree Stringer said she had been on the adult softball league for many years and any time there was an event in the County the softball league was asked to move. She knew various other organizations had also moved to allow an event to happen. April 6, 2021 10. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation to issue an Outdoor Festival License to the Pahrump Valley Chamber of Commerce for the Pahrump Balloon Festival to be held April 29, 2021 through May 2, 2021, at Ian Deutch Park located at 1600 Honeysuckle Street, Pahrump, NV-Cont’d. Helene Williams mentioned last year the Chamber of Commerce submitted their event plan at the same time the rodeo was going on and now it was interfering not only with the little league but with the Wild West Extravaganza. She felt the Chamber needed to find a date when no one else had anything going on and should contact organizations before scheduling their events.

Commissioner Strickland

closed the public hearing.

Commissioner Carbone

made a motion to approve the Balloon Festival permit; seconded by Commissioner Jabbour.

Commissioner Cox

asked if that meant the event would go on but not necessarily at Ian Deutch Park.

Commissioner Strickland

explained that in order for the State to approve the event the planner had to show the ability to control the people in the park. There was only one park in the County that met that criteria.

Commissioner Cox

agreed with putting up the fencing, but she did not want the park restricted just because it was fenced. She thought Petrack Park should be fenced and the balloon festival should be put back over there as she was also concerned about parking at Ian Deutch. Michelle Nelson asked Commissioner Carbone to restate his motion to include the dates and location of the event.

Commissioner Strickland

pointed out it was agendized for Ian Deutch Park and asked if the motion could be for a location to be determined.

Ms. Nelson

advised it would then have to be brought back because it was specific for Ian Deutch Park.

Commissioner Carbone

withdrew his motion; Commissioner Jabbour withdrew his second.

Commissioner Cox

asked if the item could be amended to change the location.

Ms. Sartin

said if the Board changed the criteria as submitted to the State the Chamber would have to submit another report, which had to be submitted 30 days prior. If the Board chose not to move forward with approval the event would be cancelled, which April 6, 2021 10. 10:00 a.m. For Possible Action Public Hearing, discussion, and — — deliberation to issue an Outdoor Festival License to the Pahrump Valley Chamber of Commerce for the Pahrump Balloon Festival to be held April 29, 2021 through May 2, 2021, at Ian Deutch Park located at 1600 Honeysuckle Street, Pahrump, NV-Cont’d. would cost the County a lot of tax dollars and a lot of unhappy people. She advised they did not move to this facility because they wanted to. They moved because they had no choice as it was the only fenced arena in the entire area. In response to Commissioner Cox, Ms. Nelson advised the item could not be amended to change the location and it would have to be re-agendized.

Commissioner Blundo

made a motion to approve the outdoor festival license to the Pahrump Valley Chamber of Commerce for the Balloon Festival to be held April 29, 2021 through May 2, 2021, at Ian Deutch Park; seconded by Commissioner Carbone.

Commissioner Cox

said she could not support holding this event at Ian Deutch Park. Tim Sutton said he talked with the contact at the State. The County had another facility that could be used, but it was not in the plan of either organization. They would need to resubmit the plan within 30 days, but the State may be able to waive that requirement. Also, temporary fencing could be put up without an agenda item and then that item could come to the Board after the events.

Commissioner Strickland

opened the public hearing. Planning Director Brett Waggoner asked the Board to continue this item until the first meeting in May. He noticed there was a discrepancy in the version in the back-up that he wanted to verify instead of making changes on the record. April 6, 2021 II. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2021 -01-Cont’d.

Commissioner Blundo

made a motion to continue this item to the Pahrump meeting in May; seconded by Commissioner Jabbour.

Commissioner Blundo

amended his motion to continue this item to May 18, 2021, at 10:00 am.; Commissioner Jabbour amended his second.

Commissioner Strickland

closed the public hearing.

Commissioner Strickland

opened the public hearing. Assessor Sheree Stringer said she was concerned because last year $122,000.00 was given to the Sheriff’s Office as a ratification bonus because an agreement could not be reached. Now they were getting 20 hours because the contract could not be taken care of. She asked about the NCEA which had not had a contract since 2020. Mrs. Stringer said she did understand why they were being given rewards because there was no contract.

Sheriff Wehrly

pointed out that this would impact her overtime budget because the more vacation time people were given meant more shifts had to be covered. She was not for or against it but was just stating a fact.

Commissioner Carbone

asked why this was being done. Tim Sutton explained this time last year a successor agreement was being negotiated. Several things were ratified and tentatively agreed to, but as soon as discussions about the bigger financial issues began COVID hit. Discussions were held the rest of the year, but since the financial situation was unknown the County could not put anything on the table and any request for an increase to the contract would be denied. Recently it was determined that fiscally the County was out of the woods and could move forward. He understood the comment about the NCEA and advised conversations were being held with them as well. April 6, 2021 12. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to: 1) Ratify a Collective Bargaining Agreement (CBA) Extension Agreement for the Nye County Law Enforcement Association (NCLEA) Agreement which expired on June 30, 2020; and 2) Set a new expiration date of June 30, 2021, to include the reporting of the fiscal impact of a one-time ratification bonus, of an additional twenty hours of annual leave-Cont’d.

Commissioner Strickland

pointed out the CBA extension agreement expired anyway and this would set a new expiration date of June 30, 2021. She suggested not doing this extension for three months and wait until the bargaining unit came to the table. The item died for lack of a motion.

Commissioner Strickland

opened and closed the public hearing.

Commissioner Blundo

made a motion to adopt Nye County Resolution No. 2021-08; seconded by Commissioner Carbone.

Commissioner Cox

felt conservation could be accomplished by the County itself without spending this significant amount of money with Siemens. She did not think the energy savings would offset that amount of money and could not support it.

Commissioner Jabbour

said he had discussions with staff as to the employees’ abilities so bandaids had been used. A considerable amount of money had been spent on the systems in the County buildings. He did not think the County had the staff to facilitate what Commissioner Cox said, but he agreed it was a lot of money. April 6, 2021 14. 10:00 am. For Possible Action Discussion and deliberation to adopt, — — amend and adopt, or reject Nye County Resolution No: 2021 -08-Cont’d.

Commissioner Carbone

made a motion to approve the lease agreement with Cypress Holdings on the property located in Tonopah for the milling operations, transportation and storage, execute the lease agreement, and deposit revenues into 10209, Airport Fund; seconded by Commissioner Jabbour; 5 yeas. BOARD OF COMMISSIONERS 32. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No: 2021-11: A Resolution to Call on the State Legislature to End the State of Emergency for the COVID-19 Pandemic. Chris Arabia advised this item did not pass legal review. He suggested that the Commissioners in conjunction with the County Manager revise the procedures of what would happen in a situation like this. He said this was going to be an awkward situation and it had been happening with more frequency in recent months. April 6, 2021 32. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No: 2021-11: A Resolution to Call on the State Legislature to End the State of Emergency for the COVID-19 Pandemic-Cont’d.

Commissioner Blundo

thought the procedure was fine since the Board had the authority to do things. The legal review was for Open Meeting Law violations and things of that nature. There came a point in time where the Commissioners had to stand on their own two feet and the Legislature needed to hear from the Commissioners. Commissioner Blundo said he would like to have public comment to hear the people’s thoughts.

Commissioner Strickland

limited speakers to two minutes per person. Dan Schinhofen said he sent the Commissioners his remarks. He mentioned the 99.98% chance of surviving if someone caught the virus and a 95% chance to have mild symptoms if one did catch it. Going to the resolution and the last line that legal had trouble with, he said if the Commissioners stood on their oath there was nothing wrong with them approving the resolution. Ammie Nelson felt getting the vaccine was a choice. Rich Bouchart supported the resolution and felt the whole situation had been exaggerated. Anthony Greco said the small businesses needed to be helped because they were part of the community. Tim Bohannon liked the idea of freedom of choice to wear a mask, but he reminded everyone that either choice was fine. As far as opening up, he felt it was time and there was a lot of evidence suggesting that. Dee Mounts from Battleborn Patriots said she had provided information to the Commission as to the health problems caused by wearing masks. She asked the Board to take the County out of Governor Sisolak’s illegal COVID restrictions and adopt the resolution as written. Joe Burdzinski thought it was time for the people of the County to have a choice to wear a mask. He understood COVID could be serious, but the community was taking the vaccinations. He believed the government should be controlled locally, not by the State, and implored the County Commissioners to let people choose. Patrick Kerby said the statistics showed the detriments of the lockdowns far outweighed the benefits. Mr. Kerby said he would be proud to have Nye County take the steps to correct the errors that the State had made with the society crushing mandates that had crippled the economy and stolen a year of the citizens’ lives. April 6, 2021 32. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No: 2021-11: A Resolution to Call on the State Legislature to End the State of Emergency for the COVID-19 Pandemic-Cont’d. Kimberly Maxim said per NRS 414.0345 an emergency was defined as an immediate threat. It had been over a year and she felt the immediate threat was gone. She believed this was about control, not contagion, and the Board needed to pass the resolution. Ron Morgan felt the Governor had failed the citizens in the way he handled the COVID vaccine and that the County needed to separate itself from the Governor.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners.

Commissioner Strickland

asked the Board to consider changing the last sentence by removing the word “dictatorship” and replace “one man” with “the Governor.”

Commissioner Strickland

made a motion to amend and adopt Nye County Resolution No. 2021-11 with the changes as noted.

Commissioner Blundo

said he would like to have all Commissioners sign the resolution.

Commissioner Strickland

amended her motion to amend and adopt Nye County Resolution No. 2021-11 with the changes as noted and adding signature lines for all Commissioners; seconded by Commissioner Blundo.

Mr. Arabia

said there was still a lot of vague language in the resolution, such as not specifying what the Legislature’s action would entail, and it still would not pass legal review because it basically said the County would disregard the Governor which could lead to severe consequences.

Commissioner Strickland

noted the District Attorney provided a resolution that met legal muster, but it was not included in the back-up to be considered. Michelle Nelson advised the acceptable legal language would be to strike the last paragraph entirely and read the revised paragraph into the record.

Commissioner Strickland

withdrew her motion; Commissioner Blundo withdrew his motion.

Commissioner Strickland

made a motion to amend and adopt Nye County Resolution No. 2021-11 changing the last paragraph to read “Be it further resolved that NRS 41 4.070 confers upon the Governor or the State Legislature the power to declare and the power to terminate an emergency under said chapter. It is the opinion of the Nye County Board of County Commissioners the best interests of Nye County would be April 6, 2021 32. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No: 2021 -II: A Resolution to Call on the State Legislature to End the State of Emergency for the COVID-19 Pandemic-Cont’d. served by the Nevada State Legislature passing a resolution terminating the state of emergency;” seconded by Commissioner Blundo.

Commissioner Strickland

said she liked that language as it was asking the State Legislature to terminate the emergency.

Commissioner Jabbour

said he also liked the new verbiage and did not like the other rendition.

Commissioner Blundo

said he wanted to make sure the public was heard and wanted to pass a resolution that exemplified that. He asked the Board if they would do what was in the best interest of the public or what was in the best interest of the Governor.

Commissioner Cox

felt this was just another resolution that no one would pay attention to and nothing would work until the Commissioners took control back from the Governor. She also felt another resolution needed to be brought back to open the County up.

Commissioner Carbone

asked the public if the Commission did as the resolution said if they would accept the responsibility, including the financial responsibility as the Governor could still send OSHA in and fines could be issued.

Commissioner Blundo

suggested adding at the end “until the Legislature acts Nye County will. .

Mr. Arabia

advised that was a little vague again and wondered what was meant as it implied the County would defy State government.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. April 6, 2021 33. For Possible Action Discussion and deliberation to: 1) Fully reopen Nye County to 100% occupancy; 2) Based on CDC guidelines, recommend not mandate mask wearing in Nye County. Nye County will not violate a Citizen’s Constitutional right if wearing a mask is against their religion or they are exempt per the Governors Directives; and 3) Direct the County Manager to fully reopen all County, Town offices under our control and purview, and leave to any localities not under our control or purview to their respectful Board’s discretion. Chris Arabia advised this did not pass legal review. Part three of this item was removed, but there were still issues with the language as it was a little vague and there were grammar issues. He said it was hard to know exactly what this item meant. This item was tabled until later in the meeting to allow for distribution of the back-up that

Commissioner Blundo

offered. 7. For Possible Action Discussion and deliberation regarding meeting minutes from the February 18, 2021 and March 2,2021 joint regular meetings of the Nye County Board of Commissioners, Board of Highway Commissioners, Nye County Licensing and Liquor Board, Nye County Board of Health, the Governing Body of the Unincorporated Town of Pahrump, the Governing Body of the Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, and Railroad Valley, and the Board of Trustees for the Pahrump Pool District.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 19. For Possible Action Discussion and deliberation to approve a request from the Pahrump Park and Recreation Advisory Committee for: 1) An amount not to exceed $15,000.00 for the Pahrump Movies in the Park event; 2) Approve, amend and approve, or reject an agreement with Entertainment Concepts to provide services for presenting the movies for the event; 3) Execute the agreement; and 4) Fund from 25223 Pahrump Room Tax Fund.

Commissioner Blundo

made a motion to approve 1, 2 and 3 and 4; seconded by

Commissioner Jabbour

; 5 yeas. 18. For Possible Action Discussion and deliberation to appoint one member to the Pahrump Arena Advisory Committee due to one expiring term from the following list of applicants: Steve Pastorelli.

Commissioner Blundo

made a motion to appoint one member to the Pahrump Arena Advisory Committee, Steve Pastorelli, for the term listed in the back-up; seconded by

Commissioner Cox

; 5 yeas. April 6, 2021 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. 20. For Possible Action Approval of Assessor’s Office Change Requests to allow the Nye County Assessor to process and: 1) Issue an amended tax bill in the amount of $47.43 to JIPH Land, LLC, owner of a 1985 Rosewood 10’x32’ manufactured home located at 271 S. Slater Cir., Pahrump, NV, Personal Property Account Number MHOIII3O. 2) Issue an amended tax bill in the amount of $10,916.74 to Terry Fisher, owner of 2128 N. Mojave Rd., Amargosa Valley, NV, Assessor’s Parcel Number 019-041-17. 3) Issue an amended tax bill in the amount of $1,458.39 to Next Gen Farms, LLC owner of 5256 W. Amargosa Farm Rd., Amargosa Valley, NV, Assessor’s Parcel Number 019-041 -1 8.

Commissioner Carbone

made a motion to approve items 20-23; seconded by

Commissioner Blundo

disclosed he was a recipient of assistance from the CARES Act, but that did not preclude him voting on item 23 as he did not have anything to do with community service block grants. Ammie Nelson said she was opposed to items 21 and 22 as she felt they would increase her taxes and she was not sure other people were aware they were on the agenda. Regarding items 21 and 22, Assessor Sheree Stringer asked what the County was paying $159,298.30 for. She had never seen any of the reports they were supposed to be doing and her department put the special assessments on the tax bill. As a taxpayer

Mrs. Stringer

wanted to know why they assessments kept going up, where the information was available to the public, and if the Commissioners were receiving the information.

Commissioner Strickland

disclosed she was a well drilling contractor for the State of Nevada. As part of the reporting to DWR in order to drill a well a person had to complete a notice of intent and then complete a well log when done. All of this was for services rendered to the County for maintaining its records including reading of the water meters. April 6, 2021 20. For Possible Action Approval of Assessor’s Office Change Requests to allow the Nye County Assessor to process, etc.-Cont’d.

Commissioner Blundo

mentioned the Board asked questions last year when these taxes were levied and suggested the County Manager find that e-mail so it could be discussed. Regarding Resolution No. 2021-09, Robert Young asked if that was assessed to a well driller when they completed the drilling or if it was put on the tax bill to the individual property owner.

Commissioner Strickland

explained the well driller paid their fees when they filed their notice of intent, but this was different and was basically the monitoring, assessing and overview by DWR of the County’s water resources.

Mr. Young

asked how Resolution No. 2021-10 would affect each water user. On his tax bill there was the Pahrump valley groundwater and an assessment of $2.17 and he wondered what would happen to that amount. He said when the Commissioners were allowed to adopt these resolutions without any reasonable explanation the taxpayers became suspicious and he asked for that information to be provided.

Commissioner Strickland

asked staff if this would increase anything. Daniel Randles from DWR advised Pahrump valley had an assessment done and while it seemed very large at $121,000.00, it took into account the number of parcels in the area. Additionally, per NRS 574.040(2) and guidance from DTAX that levy was a flat rate against each taxable parcel and the charge would be $2.38 per parcel. As to the other basins, Mr. Randles said those assessments were done a little differently and also in accordance with NRS 474.040(3) that each holder of a water right was assessed based on the amount of water they had appropriated or certificated. No one was exempt, not even the State and federal entities, and the charge for each basin was directly related to the work DWR was doing in that basin.

Commissioner Jabbour

asked about the inventory for work done in Pahrump and if the assessment was done for the parcels in their entirety or just for parcels with water wells.

Mr. Randles

said per NRS the assessment was to be done against all taxable parcels that fell within the basin. David Cleveland did not think taxing every property owner was fair as some of them had no water usage. Helene Williams, secretary/treasurer of the Private Well Owners Association, stated the association did not support these resolutions because for some reason the Legislature created this outlet for the DWR to be able to hit everyone with a fee. She thought the AprU 6, 2021 20. For Possible Action Approval of Assessor’s Office Change Requests to allow the Nye County Assessor to process, etc.-Cont’d. cost needed to be watched and the minute it doubled or tripled then action would need to be taken. Tim Bohannon said he would like to see more transparency as to what the money represented. He also felt the County should challenge it to make sure the amount made sense. John Bosta felt the Board needed to research the NRS DWR was using to apply the fee.

Commissioner Strickland

directed staff to ask for a presentation from DWR to give more background on these items. 21. For Possible Action Approval to adopt Nye County Resolution No. 2021 -09: A Resolution Directing the Levy of a Special Assessment on All Taxable Property Situated Within the Confines of the Pahrump Valley Groundwater Basin for Fiscal Year 2021 -2022.

Commissioner Carbone

a motion to approve items 20-23; seconded by Commissioner Blundo; 3 yeas. Commissioners Blundo and Cox voted nay. 22. For Possible Action Approval to adopt Nye County Resolution No. 2021 -10: A Resolution Directing the Levy of a Special Assessment on Each Water User Situated Within the Confines of the Groundwater Basins Within Nye County for Fiscal Year 2021 -2022.

Commissioner Carbone

a motion to approve items 20-23; seconded by Commissioner Blundo; 3 yeas. Commissioners Blundo and Cox voted nay. 23. For Possible Action Approval to: 1) Accept a SubAward Amendment #1 for CARES Act increase in monies to the Community Service Block Grant (CSBG) in the amount to $117,508.00 for total grant award of $161,968.00, along with Assurances. There is no County match required; 2) Execute the SubAward Amendment #1; and 3) Fund from 10340 Grants.

Commissioner Carbone

a motion to approve items 20-23; seconded by Commissioner Blundo; 3 yeas. Commissioners Blundo and Cox voted nay. April 6, 2021 BOARD OF COMMISSIONERS 24. 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. 25. Closed meeting, pursuant to NRS 241.01 5(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 26. 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. 27. 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. 28. 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. 29.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. 30. For Possible Action Discussion and deliberation to nominate Joni Eastley and Trish Rippie to the Rural Nevada Development Corporation’s (RNDC) Board of Directors.

Commissioner Carbone

made a motion to nominate Joni Eastley and Trish Rippie to the RNDC; seconded by Commissioner Jabbour. Ammie Nelson said she had seen Mrs. Eastley’s name on the boards too often. Mrs. Eastley was on the Southern Nevada Water Association Board that voted to take the County’s water and pipe it into Las Vegas. Mrs. Eastley was also associated with members who were willing to raise taxes on well owners. Ms. Nelson did not support April 6, 2021 30. For Possible Action Discussion and deliberation to nominate Joni Eastley and Trish Rippie to the Rural Nevada Development Corporation’s (RNDC) Board of Directors.

Mrs. Eastley

being on any boards in the County as she had her hands in too many pots which led to too much corruption.

Commissioner Blundo

made a motion to accept additional back-up; seconded by

Commissioner Cox

; 5 yeas.

Commissioner Blundo

reviewed the additional back-up which he felt supported re opening Nye County. Dan Schinhofen felt the County was not standing up to the Governor in the resolution and urged the Board to state the last line. He pointed out seven other counties had stood up to the Governor and had not gone to court. Brittany Sheehan said the Commissioners had the duty to stand up for the interest of their own County and say when enough was enough. She hoped the Commission would allow the people of the County to make good choices on their own behalf. Chris Suwsang blamed his loss of business on the mask mandate. He also talked about the children’s inability to socialize and the effect that had on his son. Tony Cinelli referred to the comment made earlier about people understanding they would be responsible for the consequence of passing the resolution and he wondered who was responsible for the inactivity over the year. Danielle Delise talked about the effects the lockdown had on the children and felt the Commissioners should strongly consider reopening. Anthony Greco supported opening 100%. John Bosta mentioned that the Wisconsin Supreme Court struck down the statewide mask mandate. April 6, 2021 33. For Possible Action Discussion and deliberation to: 1) Fully reopen Nye County to 100% occupancy; 2) Based on CDC guidelines, recommend not mandate mask wearing in Nye County. Nye County will not violate a Citizen’s Constitutional right if wearing a mask is against their religion or they are exempt per the Governors Directives; and 3) Direct the County Manager to fully reopen all County, Town offices under our control and purview, and leave to any localities not under our control or purview to their respectful Board’s discretion-Reopened Cont’d. David Cleveland said the Board needed to prove to the people that while the County would not recommend not wearing masks, the County would not impose on the personal liberties of the citizens that they must wear a mask. Cindy Lake supported the resolution, Commissioner Blundo, and all speakers before her. Stephen Labree, a member of District Council 16, Local 159 Parents Union in Las Vegas, said he supported fully reopening and ending the mask mandate. Leah Aldridge said medical researchers from Stanford asked the CDC for a sample of the COVID-19 virus and was told the CDC did not have one. She felt it was time for everyone to start acting like Americans and tell the Governor this would end today. Melissa Blundo said it was up to this Board to take back control over Nye County and stand up to the Governor. Ammie Nelson said it was the obligation of the Commissioners to protect the citizens and she supported opening the County. Diane Southworth pointed out Nye was the third highest county for COVID cases in the State. All of the people who say do not wear a mask had their opinion, but those would be the same people who would not get the vaccine and make this continue on and on. As far as the Governor dictator, Ms. Southworth said he was following CDC mandates whether people liked it or not. Lori Lawdensky believed the County should be opened 100% because the State was looking into creating new taxes and raising taxes to compensate for the loss of tax revenue. Tim Bohannon told the Board to make sure the financial impact was known when the County came out of COVID and to protect the people on the financial side. He also suggested enabling the citizens’ freedom of choice to wear or not wear a mask without reprisal. Kimberly Maxim discussed the differences between masks and the diseases nanofibers can cause, OSHA standards on oxygen depletion, and the cautions about N95 masks. April 6, 2021 33. For Possible Action Discussion and deliberation to: 1) Fully reopen Nye County to 100% occupancy; 2) Based on CDC guidelines, recommend not mandate mask wearing in Nye County. Nye County will not violate a Citizen’s Constitutional right if wearing a mask is against their religion or they are exempt per the Governors Directives; and 3) Direct the County Manager to fully reopen all County, Town offices under our control and purview, and leave to any localities not under our control or purview to their respectful Board’s discretion-Reopened- Co nt’ d. Mike Giannascola felt the masks were nothing but suppression and kept people out of work. Valerie Marquis said the CDC had 14 studies on its Web site that showed masks did not work for viruses. Faith Nuello from Clean Up Pahrump asked the Commission to open Nye County and let the businesses operate at full capacity. William Lobegran asked the Commission to fully open Nye County with no restrictions. Dee Mounts from Battleborn Patriots said if the Commissioners wanted to be heroes then they would open 100% with no mask mandate. She wanted the Board to open the County and do their jobs to protect the citizens’ constitutional rights.

Commissioner Cox

said if the County did not do something immediately and continued to ask for things the County was dead in the water. She said she wanted to change the second part of the item to remove the Governor’s directive and the religion exemption.

Commissioner Blundo

explained it was worded a certain way because he thought it was the only way the County could do this based on recent court decisions.

Commissioner Carbone

mentioned the individual who made a possible amendment to this to fully reopen Nye County to 100% occupancy and based on the CDC guidelines enable the citizens’ freedom of choice to not wear masks without reprisal. Chris Arabia said that was a big change and would probably go beyond what the Open Meeting Law would allow.

Commissioner Cox

said based on CDC guidelines, which did not mandate mask wearing, the mask mandate directive could be removed to allow all people of Nye County the right to freedom of choice to wear a mask or not wear a mask, including all County and town employees and volunteers.

Mr. Arabia

said there should not be a comma in front of recommend and there should be a comma after mandate to read that sentence correctly. He did not think what

Commissioner Cox

said made that much of a difference as there were employers who April 6, 2021 33. For Possible Action Discussion and deliberation to: 1) Fully reopen Nye County to 100% occupancy; 2) Based on CDC guidelines, recommend not mandate mask wearing in Nye County. Nye County will not violate a Citizen’s Constitutional right if wearing a mask is against their religion or they are exempt per the Governors Directives; and 3) Direct the County Manager to fully reopen all County, Town offices under our control and purview, and leave to any localities not under our control or purview to their respectful Board’s discretion-Reopened Cont’d. chose to abide by whatever the guidelines were and he thought in the case of the County the County Manager had a lot of authority.

Commissioner Cox

felt there were OSHA spies affecting the local businesses and those were the businesses asking for help.

Commissioner Blundo

asked Commissioner Cox to support it as written since he did the research on it.

Commissioner Blundo

made a motion to fully reopen Nye County to 100% occupancy and based on the CDC guidelines recommend not mandating mask wearing in Nye County and the County would not violate a citizen’s constitutional right if wearing a mask was against their religion or if they were exempt per the Governor’s directives; seconded by Commissioner Carbone.

Commissioner Jabbour

wanted to know what was not open as well as which religions had masks in their dogma. He had asked stores recently in Pahrump what the policy was if someone entered the store without a mask. He was told they simply asked if they had a face covering or mask to please put it on. The answer 100% was the person had a medical condition and the store was satisfied with that. He said he was not okay with what had been happening for a year plus, but he also disagreed with some things that had been said as to dictatorship and emperor that the Board was afraid of. It was about health and safety and the decisions the Commission made affected the citizens and visitors of the County. Commissioner Jabbour said he heard a lot of evidence and lot of research was done today, but there were other factors involved that were not discussed, proven, or measured because there was still an unknown. He stated one death from COVID was one too many and he was struggling with reopening fully without absolute proof.

Commissioner Strickland

said she was also having trouble with this because she knew on May 1, 2021, the County could open but the mask mandate would still be in place. If people felt that strongly about it then they should not wear a mask, but they should get vaccinated. She noted there was a fine line between health and safety and what everyone wanted. April 6, 2021 33. For Possible Action Discussion and deliberation to: 1) Fully reopen Nye County to 100% occupancy; 2) Based on CDC guidelines, recommend not mandate mask wearing in Nye County. Nye County will not violate a Citizen’s Constitutional right if wearing a mask is against their religion or they are exempt per the Governors Directives; and 3) Direct the County Manager to fully reopen all County, Town offices under our control and purview, and leave to any localities not under our control or purview to their respectful Board’s discretion-Reopened- Co nt’ d.

Commissioner Carbone

said everyone was tired of the masks and the whole situation, but this was a hard decision to make. Opening the County may not mean opening it 100% for the companies that required masks for people to enter to avoid the penalties.

Commissioner Blundo

pointed out the brothels would still not be open under the transition plan the County Manager sent to the Commissioners yesterday. The County would get the occupancy limits in local control, but he did not see how the County would step out of line by allowing people to go back to 100% occupancy. He felt the item was worded in a way that it could be defended. Tim Sutton clarified he did not send a plan to the Commissioners last night, just the template provided by the State which discussed what needed to be covered in the plan, which did not require the brothels to remain closed. It gave some sample language to list the businesses currently closed and what the plan was to reopen them. Secondly, as to the comment made that he potentially had the ability to lift the mask mandate, if that was the case Mr. Sutton asked to be told that in writing as he did not believe he had that authority and he also did not think the Commission had the authority. No one has pointed to any law or anything else stating the Commissioners had the authority to supersede the Governor and that was his struggle with this particular item.

Mr. Arabia

said he might have said something that was interpreted that way and he withdrew that implication as he did not mean it.

Commissioner Strickland

asked what the legal implications were should the Commission mandate people did not need to wear masks in Nye County.

Mr. Arabia

stated as long as the Commission fully understood there were some risks to doing it he did not have the power to stop it, but there were potential legal issues. Also, there were court decisions in other states. The Wisconsin decision in many ways could be said to be a wonderful decision, but it was not binding authority in Nevada. It was only persuasive and not the same as getting a decision from the Nevada Supreme Court. Mr. Arabia repeated this item did not pass legal review and since it was not changed in any way it still did not pass legal review.

Commissioner Jabbour

noted May 1, 2021, kept coming up and he asked if

Commissioner Blundo

would entertain waiting until that date. April 6, 2021 33. For Possible Action Discussion and deliberation to: 1) Fully reopen Nye County to 100% occupancy; 2) Based on CDC guidelines, recommend not mandate mask wearing in Nye County. Nye County will not violate a Citizen’s Constitutional right if wearing a mask is against their religion or they are exempt per the Governors Directives; and 3) Direct the County Manager to fully reopen all County, Town offices under our control and purview, and leave to any localities not under our control or purview to their respectful Board’s discretion-Reopened Cont’d.

Commissioner Blundo

asked the District Attorney where the harm was in the statement regarding masks.

Commissioner Strickland

said she was troubled by the wording of the item as it contained two statements.

Commissioner Blundo

asked if the commas were a challenge as the item had the original intent. MarIa Ziotek advised the commas would not be an Open Meeting Law violation, but they were problematic in showing the facts and circumstances regarding the intent.

Commissioner Strickland

thought the language regarding religion and medical exemptions was already part of the Governor’s directives.

Commissioner Blundo

commented that he was exempt but he was forced to wear a masking during the meetings per the policy from the County Manager.

Mr. Sutton

stated he did not come up with these things on his own. He had backing from the District Attorney’s Office which thoroughly researched everything and that was where those policies came from. He had a hard time just conjuring up authority from somewhere. He had not heard any citation to any authority showing the Commission could open Nye County. Commissioner Blundo only said it was his opinion.

Commissioner Blundo

felt that authority came from his oath.

Mr. Arabia

said the Board needed some authority. It could cite to the Constitution, but under the circumstances the Legislature as a whole had taken a pass on the issue. He was not aware of a Nevada decision that would swing this toward what he thought most of the people would like to see happen. Without those two things there had to be some other authority, not an opinion.

Commissioner Cox

felt the Wisconsin decision established caselaw.

Mr. Arabia

said that was correct, but it was not controlling authority as an opinion from the Nevada Supreme Court would be. The Wisconsin decision did not legally give the April 6, 2021 33. For Possible Action Discussion and deliberation to: 1) Fully reopen Nye County to 100% occupancy; 2) Based on CDC guidelines, recommend not mandate mask wearing in Nye County. Nye County will not violate a Citizen’s Constitutional right if wearing a mask is against their religion or they are exempt per the Governors Directives; and 3) Direct the County Manager to fully reopen all County, Town offices under our control and purview, and leave to any localities not under our control or purview to their respectful Board’s discretion-Reopened Cont’d. Commission the kind of backing needed to do this. He said he would feel differently if it was a Nevada Supreme Court decision.

Commissioner Cox

suggested changing it to “based on CDC guidelines recommend to not mandate mask wearing.”

Mr. Arabia

felt that phrase should be re-worked. He understood the intention was to say the County could recommend people wear masks, but not mandate that people wear masks, but the language right now people read it as recommend not mandating. If this item was to come back it would be better to have it re-written.

Commissioner Cox

thought the Board could pass this now, wait to see what happened on May 1, 2021, and then come back with the re-write.

Mr. Arabia

advised as it was written it would not pass legal review and he was not sure it would pass legal review after the re-write.

Commissioner Carbone

asked if Commissioner Blundo would like to take some of the recommendations and put this on the April 20, 2021, meeting agenda or call a special meeting. With all the comments made he felt some rewording needed to be thought about.

Commissioner Blundo

pointed out there was a motion and a second right now and asked how it would be changed to comply with what the District Attorney was saying.

Mr. Arabia

stated it did not have to pass legal review and could go forward without that. However, if the Board went forward with it without it passing legal review he suggested having the language cleaned up so it was intelligible.

Commissioner Cox

felt the intent was there and it should be passed on that.

Commissioner Strickland

felt the intent was one way but it was not clear, i.e., she did not know why the second sentence existed regarding religion and exemptions. It should also read “recommend, but not mandate, mask wearing,” but the Board could not make changes. April 6, 2021 33. For Possible Action Discussion and deliberation to: 1) Fully reopen Nye County to 100% occupancy; 2) Based on CDC guidelines, recommend not mandate mask wearing in Nye County. Nye County will not violate a Citizen’s Constitutional right if wearing a mask is against their religion or they are exempt per the Governors Directives; and 3) Direct the County Manager to fully reopen all County, Town offices under our control and purview, and leave to any localities not under our control or purview to their respectful Board’s discretion-Reopened Cont’d.

Commissioner Blundo

said there was a constitutional right to impose on people in times of medical uncertainty, but that was experienced and not the situation any longer. He targeted certain things where he knew it could not go against the Constitution. Michelle Nelson advised a comma would not change the notice or intent of this item so it would be appropriate to insert those commas.

Commissioner Blundo

amended his motion to accept the commas Commissioner Strickland suggested, ‘recommend, but not mandate, mask wearing” and Nye County will not violate a citizen’s constitutional right if wearing a mask is against their religion or they are exempt per the Governor’s directives; Commissioner Carbone amended his second; 5 yeas. At this time Tim Sutton advised items 15, 31, 36, 37, 40, 41-44, and 46-48 would be removed from this agenda and heard at another meeting. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS 15. 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. This item was removed from the agenda. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Sheriff Wehrly

assumed the Chair of the Licensing and Liquor Board. LIQUOR 16. For Possible Action Discussion and deliberation to approve a Retail Liquor License for Shenanigans Pub, LLC., located at 1330 E. Calvada Blvd., Pahrump, NV. Brooke Brubaker Applicant.

Sheriff Wehrly

asked if there were any outstanding items for this application to be complete, to which Samantha Tackett responded no. April 6, 2021 16. For Possible Action Discussion and deliberation to approve a Retail Liquor License for Shenanigans Pub, LLC., located at 1330 E. Calvada Blvd., Pahrump, NV. Brooke Brubaker Applicant-Cont’d.

Sheriff Wehrly

stated the background investigation was complete and Undersheriff Michael Eisenloffel was available to answer any questions. Undersheriff Eisenloffel said there were no concerns. Brooke Brubaker, the applicant, was present.

Commissioner Blundo

disclosed he held a Nye County privilege liquor license but there was no pecuniary gain here, it would not impact his involvement, and he intended to participate.

Commissioner Carbone

made a motion to approve the retail liquor license for Shenanigans; seconded by Commissioner Blundo; 6 yeas. 17. For Possible Action Discussion and deliberation to approve a Package Liquor License for Pahrump Investment, LLC. dba Pahrump Circle K, located at 40 E. Basin Ave., Pahrump, NV. Mehendra Patel and lqbal Hussein — Owners/Applicants.

Sheriff Wehrly

asked if there were any outstanding items required for this license application to be complete. Samantha Tackett said yes. She was missing the life, safety and health certificate issued by Pahrump Valley Fire and Rescue. Also, there was only a temporary certificate of occupancy issued by the Building Safety department, which was issued for stocking merchandise and training of employees. She stated the applicant may not open to the public until a full certificate of occupancy had been obtained.

Commissioner Jabbour

asked the applicant if this was just a formality and how long it would take to acquire the certificate of occupancy. Mehendra Patel said it already passed the fire and health inspection and they needed to replace some electrical panels to get the full certificate of occupancy. Meanwhile they were allowed just to merchandise the store. Hopefully in next the next week or so they would get the full certificate of occupancy. He said they were asking the Board to approve to allow merchandising.

Commissioner Blundo

disclosed he had a Nye County privilege liquor license, but he had no pecuniary gain in this item and did not believe it would impair him to vote and participate.

Sheriff Wehrly

asked the applicant how long the temporary occupancy permit was for. April 6, 2021 17. For Possible Action Discussion and deliberation to approve a Package Liquor License for Pahrump Investment, LLC. dba Pahrump Circle K, located at 40 E. Basin Ave., Pahrump, NV. Mehendra Patel and lgbal Hussein — OwnerslApplicants-Cont’d.

Mr. Patel

advised it was 60 days from the day they got it last week.

Commissioner Strickland

asked if there was an instrument that would allow the Board to issue a temporary license with conditions regarding the occupancy permit.

Sheriff Wehrly

said there was.

Mrs. Tackett

said she did not have the life safety inspection certificate from the Pahrump Valley and Rescue Service. She knew the applicant was trying to switch phone providers to resolve a communication issue, but she could not get in touch with Fire Chief Scott Lewis to verify that.

Mr. Patel

said he e-mailed information to Mrs. Tackett that they passed the fire inspection.

Mrs. Tackett

clarified that was issued by the Pahrump Building Department and she was talking about the Pahrump Valley Fire and Rescue Service life safety inspection certificate. If it was approved she had not received it yet.

Mr. Patel

said he would contact them tomorrow, but he would like a temporary so they could start merchandising.

Commissioner Strickland

made a motion to issue a temporary conditional based on the occupancy permit being issued as well as the life safety certificate being signed off on by the Building Department; seconded by Commissioner Jabbour.

Sheriff Wehrly

asked if the temporary would turn into a permanent license at the time he received both of those or would he need to come back to the Board.

Commissioner Strickland

amended her motion to issue a temporary conditional based on the occupancy permit being issued as well as the life safety certificate being signed off on by the Building Department and once the conditions were satisfied a permanent license would be issued; Commissioner Jabbour amended his second; 6 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. April 6, 2021 31. For Possible Action Discussion and deliberation to consider formatting all resolutions adopted by the Board of County Commissioner to be signed by all Commissioners. This item was removed from the agenda. CLERK 34. For Possible Action Discussion and deliberation to appoint one member to the Northern Nye County Hospital District Board of Trustees due to one resignation from the following list of applicants: Horace H. Carlyle and Samantha Parke-Faga.

Commissioner Jabbour

made a motion to appoint to the Northern Nye County Hospital District Board of Trustees Samantha Faga; seconded by Commissioner Blundo.

Commissioner Jabbour

amended his motion to appoint to the Northern Nye County Hospital District Board of Trustees Samantha Faga to the term ending January, 2023;

Commissioner Blundo

amended his second; 5 yeas. 35. For Possible Action Discussion and deliberation to appoint one member to the Railroad Valley Advisory Board due to one vacancy from the following list of applicants: Brenna Rogne.

Commissioner Jabbour

made a motion to appoint Breanna Rogne as a member of the Railroad Valley Advisory Board for the term ending January, 2023; seconded by

Commissioner Blundo

; 5 yeas. PUBLIC ADMINISTRATOR 36. Presentation regarding the quarterly report from the Public Administrator on deceased person cases that are open, closed, pending, NCPA Creditor Claims, non-cases or cases that have been turned over to family. This item was removed from the agenda. SHERIFF 37. For Possible Action Discussion and deliberation to: 1) Discuss the Consumer Price Index (CPI) Amendment to the Food Services Partnership Agreement with Summit Food Services, LLC; 2) Approve, amend and approve, or reject the Amendment for a 3% CPI Increase; 3) Execute the agreement; and 4) Fund from 10236 Nye County Jail Fund. This item was removed from the agenda. April 6, 2021 COUNTY MANAGER 38. For Possible Action Discussion and deliberation to ratify the County Manager’s selection of Lorinda Wichman as Natural Resources Director. Tim Sutton said Darrell Lacy retired at the end of last year leaving a vacancy for this position. This was a critical position in the County as the majority of the land was owned by the federal government and managed by various federal agencies. There was a lot of paperwork to be processed, reviewed, and advocated for. The Natural Resources Director was responsible for that and more. It was put out for applications, nine were received, and three people were offered an interview. One person had already taken another position. The interview panel determined after the interviews that Lorinda Wichman’s name should be brought forward as she was well qualified as shown in the back-up and she was a past Commissioner. Mr. Sutton asked that his selection be ratified.

Commissioner Blundo

made a motion to ratify the County Manager’s selection of Lorinda Wichman as Natural Resources Director in a full-time capacity; seconded by

Commissioner Strickland

asked that the motion be to ratify as written.

Mr. Sutton

said it was a full-time position, but the request was to advertise it as a part- time position. It was up to the District Attorney’s Office if that change could be made. Chris Arabia said it could probably be done here, but he felt it would be prudent to bring back a separate item if that would be changed.

Commissioner Blundo

amended his motion to ratify the selection of Lorinda Wichman as Natural Resources Director; Commissioner Jabbour amended his second.

Commissioner Blundo

said he did not doubt Mrs. Wichman was uniquely qualified, but it was his understanding it was a full-time position and he expected that to be reflected here. He then asked why everything was redacted.

Mr. Sutton

agreed and realized the back-up was cumbersome. Things were redacted because several applicants requested to not have their information made public as they did not want their current employers to know.

Commissioner Jabbour

mentioned there had been some push back during public comment and their feeling about County employees returning and being promoted. Looking at Mrs. Wichman’s background and all of the agencies that submitted letters of recommendation on her behalf, agencies that historically did not get along because of bureaucracy, he felt was impressive to see. Commissioner Jabbour thanked Mrs. Wichman for her interest. April 6, 2021 38. For Possible Action Discussion and deliberation to ratify the County Manager’s selection of Lorinda Wichman as Natural Resources Director-Cont’d.

Commissioner Ccx

said when Joni Eastley applied for a job immediately after her term as Commissioner ended there was a policy that they could not apply for a job in the County if they had been a Commissioner for the time of one year. She asked if that was still valid.

Mrs. Wichnian

said what Commissioner Cox was taiking about was called a cooling off period and applied only to those who were being hired as consultants for companies that would be back in front of the Board. It did not apply to someone seeking employment.

Commissioner Carbone

knew there was an opinion asked for on this, but he did not have a copy with him.

Mr. Sutton

was under the impression this had already been cleared by the District Attorney’s Office. He suggested moving forward pending legal review. If it turned out that it was impermissible or there was a cooling off period then he would apologize to

Commissioner Strickland

asked Mrs. Wichman if she understood it would be approved conditionally, and Mrs. Wichman said she looked forward to it. Tim Bohannon talked about how important the institutional knowledge that was being maintained with Mrs. Wichman was. Ammie Nelson said Mrs. Wichman did bring a lot of knowledge, but she had a problem because the Natural Resources Director would also be involved with the water and everyone knew Mrs. Wichman’s husband was a paid staff member of the water advisory board. It was Ms. Nelson’s opinion that if Mrs. Wichman was going to be in this capacity that her husband should resign his position as there would be too many conflicts of interest. Dann Weeks said he appreciated Mrs. Wichman as she was a capable individual who could tackle any project she put her mind to, but he mentioned undue enrichment and cumulative perception. Just like it would be inappropriate for the Commissioners to take a County job and groom that authority from where they sat today it would be inappropriate for Mrs. Wichman as well. Mr. Weeks said the Commissioners needed to avoid the appearance of impropriety. Regarding the cooling off period, Mr. Arabia said his office did not find records where they were asked to look into that issue. The research had now been done and Mrs. Wichman was correct. The cooling off period did not apply in this situation so that condition had been met. April 6, 2021 38. For Possible Action Discussion and deliberation to ratify the County Manager’s selection of Lorinda Wichman as Natural Resources Director-Cont’d.

Commissioner Cox

said she found it under NRS 281A, which stated there was one year cooling off period to seek or accept employment or certain private representations after leaving public service.

Mr. Arabia

advised it really referred to people who went into the private sector.

Commissioner Strickland

asked for that opinion in writing so it could be maintained.

Commissioner Blundo

made a motion to approve Amendment #3 with Commnet of Nevada, LLC, to lease ground space for a new tower and to transfer ownership of the existing tower to Nye County, to execute the agreement, and to continue to deposit revenues to 10291, County Owned Building Fund; seconded by Commissioner Carbone. IT Director Brad Adams explained there was an increase of rent to $650.00. The transfer of the tower on this site would be in lieu of rent for 24 months, which was equivalent to $15,600.00. The anticipation was to use the existing tower for public safety in the area. The value of the tower was equivalent to the cost of removal by Commnet.

Commissioner Carbone

made a motion to approve the agreement for the sidewalk repair with Marc Wayne Light to repair the damage to the sidewalks in Tonopah on parcel number 008-1 36-06; seconded by Commissioner Jabbour; 5 yeas.

Commissioner Strickland

mentioned the fencing of Petrack Park. _____day April 6, 2021 51. Commissioners’IManager’s Comments (This item limited to announcements or topicltssues proposed for future workshopslagendas)-Cont’d.

Commissioner Blundo

said he was following a thread that talked about lighting at homes. There were some code compliance complaints about bright lights and he may look at having a workshop on that with some stakeholders to discuss the expectations and how they could be met.

Commissioner Carbone

thought there was an ordinance regarding dark skies that should be included in that discussion.

Commissioner Blundo

said he would bring an item forward on the travel policy.

Commissioner Jabbour

talked about what Lorinda Wichman did for District I as a Commissioner, which had six either elected or appointed advisory boards for the territory including Amargosa, Beatty, Tonopah, Railroad Valley, Currant, Hadley and Gabbs, along with the other committees assigned as liaison to. He said if Mrs. Wichman was listening he did not want her to think that this was a thankless job. He apologized for some of the negativity that came forth from that and asked her to not let that stop her.

Commissioner Strickland

adjourned the meeting. APPROVED this ATTEST: Of , 2021. L Chal 6 Ny Conty Clerk / Deputy Ammie Nelson 04/06/2021 Public Comment The Private Well Owners Co-Op was a Water Utility because of the S.O.S. requirements in Chapter 81. It was a 501 3c and because of the type of Co-Op and the By Laws for Private Well Owner membership the S.O.S. helped Frank Maurizio properly form the Organization. It was never set up to have Private Well Owners have meters put on their wells. It was established to help Private Well Owners in Basin 162 with a legal defense in the event of over reach by Jason King, the State Engineer at the time, and that department. The Water Advisory Board was established to form a water utility in Basin 162 and the Basin 162 Water Management Plan was voted down because of the favoritism for water utility companies in Pahrump. It survived only by tactics used by two Commissioners who thought it was best to save it regardless of what the public wanted. When Jason King gave the order to stop new wells from being drilled unless the P.W.O. purchased 2 acre ft of water and gave back 1.5 acre feet of water to the Engineers Dept, realtors took it to court. We all know the decision was overturned recently and one of our Commissioners was part of the court battle. The Commissioner who fought against the order from Jason King was Debra Strickland who is now the liaison to the Water Advisory Board and to NACO. Two members of NACO are also in favor of the Water Advisory Board and one is married to staff, hired by the Water Advisory Board. Because of the past and present involvement with these issues and boards, I find it a conflict of interest for Commissioner Strickland to serve in any capacity to these Boards. I am a Private well owner and have followed the water board and water topics for over a decade and submit my opinion and comment for the record. ATTACHMENT I