May 4, 2021

Commissioner Cox

was not present at this time.

Commissioner Cox

was present. May 4, 2021

Commissioner Blundo

said yesterday Public Information Officer Arnold Knightly sent out a release from the Nevada Health Response regarding Directive 45. The Governor was now saying under section 4 of Directive 45 effective immediately individuals not exempted by Directive 24 or 28 or guidance issued by the Nevada Health Response shall be required to cover their nose and mouth with a mask or face covering in a manner consistent with the current guidance of the CDC and any subsequent guidance issued by the CDC. Commissioner Blundo reminded everyone that on April 6, 2021 the Board approved following the CDC health guidelines, which stated “should” not “must,” and at that meeting Commissioner Blundo showed the legal difference between the two. He was confused as to why everyone was not on the same page and asked for some answers. Chris Arabia wondered if it would be too much to ask to have a legitimate amount of time to research that and get an answer as Commissioner Blundo’s interpretations of the law were not the same as the attorneys’ the County employed to provide legal review. When there was a discrepancy like that it might make sense to let the District Attorney’s Office take a look at it rather than ambushing them during a comment period.

Commissioner Jabbour

addressed concerns raised at a prior meeting in Pahrump. He spoke personally with Ms. Nelson and apologized for any miscommunication that may have occurred. He reminded all public employees, members of the Board and committees that they were all subject to public inspection, especially in the handling of the public’s money as was shown during yesterday’s budget meeting.

Commissioner Strickland

stated she could only take the advice of her District Attorney and would continue to offer teleconference services for those who could not attend the meetings in person. Tim Sutton asked that his written statement be included in the minutes [see Attachment 1]. Mr. Sutton discussed the confusion resulting from the Board’s vote on April 6, 2021, to recommend but not mandate mask wearing in Nye County even though the District Attorney had advised the Board did not have the authority to remove the mandate. Mr. Sutton stated he was required to ensure the mandate was followed on town and County property to mitigate disease transmission, reduce legal liability, maintain the County’s insurance coverage, and avoid OSHA complaints. Mr. Sutton touched briefly on allegations of insubordination on his part and gave a few examples of direction received from Commissioners that he had denied, such as changing the landscaping at the Calvada without seeking Board approval; allowing access to a building that was closed due to the pandemic for a group as a special favor for a Commissioner; providing a larger, more expensive vehicle for a Commissioner; finding “off the books” ways to increase the salary of a Commissioner; and travel claim reimbursement forms from some Commissioners with questionable items like a request for $300.00 for driving around the County for six hours every month looking for potholes. Mr. Sutton said if May4, 2021 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future works hopslagendas)-Cont’d. those instances were considered insubordination then he supposed he had been insubordinate and probably would be in the future whenever he was presented with an improper request from a Commissioner. He also expressed his concern that the Commissioners had become a little too dismissive of the advice given by the District Attorney’s Office.

Mr. Kampf

wanted a little more information about the 100 deaths such as pre-existing conditions, ages, etc. Cindy Lake said she supported the resolution and Commissioners Cox and Blundo. May 4, 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)-Cont’d. Darryl Lackey noted there was nothing on the agenda about the Treasurer’s report, which was usually under public comment. It had been skipped the last four times and he did not know if it was because of the embarrassing amount of money. Mr. Lackey then thanked both Commissioners Carbone and Jabbour for their questions during his presentation on his homeless solution. Melissa Blundo said she was speaking on behalf of people with a medical exemption. She asked if the County was using the Governor’s mandate and citing it as law why was that not being done for those who had medical exemptions the way it was done for people with handicaps and disabilities, who were not kept out of the building. She begged the Commissioners to stick to the vote on the resolution.

Commissioner Blundo

stated campaigning happened outside. In chambers he stood on the oath he took to do what was right for the people.

Commissioner Carbone

made a motion to accept the April 6, 2021, minutes; seconded by Commissioner Jabbour; 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. May 4, 2021

Commissioner Cox

said she noticed at night a lot of the stop signs and speed limit signs were faded and hard to see. She received a complaint about a bad stop sign on the corner of Jacaranda and Calvada. She then asked about the road in front of the library as it was still really bad and held a lot of water when it rained. Public Works Director Tim DahI said they had already taken a look at some of the drainage through there and would adjust the cemetery driveway which was blocking the flow. Some cold mix would be put on it right now until it could be put on either a preservation project list or a CIP list. Regarding the improvements made at Wilson and Highway 160 with the islands,

Commissioner Cox

said there was a patch in that road that was really rough in front and asked if the State could repair that. She mentioned there were a lot of cracks with weeds on Chinchilla and all of Tiptop was pretty bad. Commissioner Cox said she wanted more recycle bins at Wal-Mart.

Mr. DahI

said he had no control over the recycling bins and that was an agreement between Wal-Mart and the sanitation company. As far as SRi 60 resurfacing, NDOT had a project in the works to resurface from approximately Taco Bell to Betty. He would update the Board as soon as he had more information.

Commissioner Carbone

said Woodchips and Mount Charleston had a big hole.

Commissioner Blundo

said yesterday there was preliminary approval of seven additional positions in the department and asked what the timeline was to get the road crew out there.

Mr. Dahi

explained once the final budget was approved and those positions were solidified they would advertise, go through the applicants, hire and train, and then put them to work. Those employees would primarily be used for chip sealing roads, but they would also be used for anything else in the County. At Commissioner Blundo’s request he then discussed SB48 approved by the Legislature one session ago which gave the Board of County Commissioners the authority to adopt a diesel tax which could be anywhere from zero to five cents per gallon and would go directly towards roads. The Board could approve that or it could be a ballot question in the next election. May 4, 2021 8. 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 Blundo

asked Tim Sutton if that needed to come before the Board as a ballot measure.

Mr. Sutton

believed the process was to put an item before the Board asking if they wanted to put it on the next ballot.

Commissioner Blundo

asked for an agenda item for that and that it be well publicized. He said he would like to see the next round of the chip seal program quickly. Pat Minshall thanked Mr. DahI and Mr. Boiling for the school bus signs. She asked for the status of the 35-mph coming up to Valley View on Farm Road both east and west. Ammie Nelson said the sign warning of a dip on Dandelion toward Highway 160 was not placed properly as the dip was after the sign. She then clarified that it was Woodchips and Charleston Park that had a gigantic hole on the left side corner, not Woodchips and Mount Charleston.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Blundo

made a motion to approve Katherine Ujifusa to the two-year term expiring March 21, 2023, and to re-advertise for the other vacancy; seconded by

Commissioner Carbone

; 5 yeas. May 4, 2021 SITTING AS THE BOARD OF COUNTY COMMISSIONERS BOARD OF COMMISSIONERS

Commissioner Strickland

disclosed she was a licensed real estate broker in Nevada for 27 years. She was not representing either party in this transaction, but she was using her past experience to bring this item forward as a letter of intent that would pursue either the exchange or purchase of these properties. May 4, 2021 22. For Possible Action Discussion and deliberation to approve, amend and approve or reject a letter of intent, etc. Cont’d.

Commissioner Carbone

made a motion to amend and approve the letter of intent for the noted properties changing 60 days to six months from the execution of this letter under County’s right of inspection; seconded by Commissioner Blundo. Robert Wilson said he wanted someplace safe to go to shoot and not have to worry about someone behind him or shooting across his path. Going out to a gravel pit was not safe. Heather Freeman asked what the Floyd Family Trust intended to build or use the 12 acres adjacent to the helipad for and requested the Commissioner do their due diligence before the land swap occurred. Maria Zlotek advised Deputy District Attorney Bradley Richardson concurred that the 60-day period either be removed or extended. The motion was for six months with the understanding that this could be cancelled as it was a letter of intent. Additionally, the District Attorney’s Office had been looking at extensive legislative history regarding the issue of a redevelopment area as opposed to a redevelopment project and the six- month extension would allow that review to continue.

Commissioner Blundo

made a motion to approve items 10-15; seconded by

Commissioner Carbone

; 5 yeas. May 4, 2021 11. For Possible Action Approval to: 1) Accept the SFY 2021 Notice of Subaward (NOSA) from the Nevada Aging and Disability Services Division (ADSD) in the amount of $7,955.00 to provide commodity food funding for congregate and homebound nutrition services at the Tonopah Senior Center, as well as homebound/home-delivered services in Beatty; 2) Execute the Subaward; and 3) Fund $7,955.00 from 10281 Senior Nutrition.

Commissioner Blundo

made a motion to approve items 10-1 5; seconded by

Commissioner Carbone

; 5 yeas. 12. For Possible Action Approval to: 1) Accept the Airport Coronavirus Response Grant Program (ACRGP) Award from the Federal Aviation Administration in the amount of $9,000.00 for the Beatty Airport; 2) Delegate a one-time authorization to County Manager Tim Sutton to execute the Award documents; and 3) Fund $9,000.00 from 10340 Grants.

Commissioner Blundo

made a motion to approve items 10-15; seconded by

Commissioner Carbone

; 5 yeas. Diane Southworth wondered why nothing was ever done on the airport in Pahrump.

Commissioner Strickland

explained that was a private airport. 13. For Possible Action Approval to: 1) Accept the Airport Coronavirus Response Grant Program (ACRGP) Award from the Federal Aviation Administration in the amount of $9,000.00 for the Gabbs Airport; 2) Delegate a one-time authorization to County Manager Tim Sutton to execute the Award documents; and 3) Fund $9,000.00 from 10340 Grants.

Commissioner Blundo

made a motion to approve items 10-15; seconded by

Commissioner Carbone

; 5 yeas. 14. For Possible Action Approval to: 1) Accept the Airport Coronavirus Response Grant Program (ACRGP) Award from the Federal Aviation Administration in the amount of $9,000.00 for the Tonopah Airport; 2) Delegate a one-time authorization to County Manager Tim Sutton to execute the Award documents; and 3) Fund $9,000.00 from 10340 Grants.

Commissioner Blundo

made a motion to approve items 10-15; seconded by

Commissioner Carbone

; 5 yeas. May 4, 2021 15. For Possible Action Approval of the quarterly update report for major construction projects within Nye County that includes the One Stop Shop and Animal Shelter projects.

Commissioner Blundo

made a motion to approve items 1 0-1 5; seconded by

Commissioner Carbone

; 5 yeas. BOARD OF COMMISSIONERS 16. 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. 17. Closed meeting, pursuant to NRS 241 .015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 18. 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. 19. 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. 20. 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. 21. 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. May 4, 2021

Commissioner Blundo

said the mitigation plan was approved by the Governor. He would like to get the people back in and did not understand the need for the phone system.

Commissioner Strickland

said she discovered today that the phone system was still needed for people who had medical issues and it was paid for until the end of the year.

Commissioner Carbone

said he would like to use it for as long as it could be used.

Commissioner Jabbour

thought the people who utilized the system should be heard from as to whether it should be kept.

Commissioner Cox

said she was concerned about the cost of it, but if it was paid for that was no longer an issue. If use of the system was to continue, Commissioner Cox thought it would have to go on forever as there would be people who wanted to utilize it.

Commissioner Blundo

said he wanted to take steps to move back to normal, not the new normal. He felt keeping the system would just enable the situations that occurred today and perpetuate those problems.

Commissioner Blundo

made a motion to table this item for 90 days and re-evaluate it at the Pahrump meeting in July; seconded by Commissioner Strickland. Samantha Tackett explained the contract expired December 1 7, 2021. It was pay per month based on usage and if the County used nothing the cost was $300.00 per month just to hold the line. Helene Williams noted there were a lot of people in the community who could not go to the Commission meetings for various reasons, like surgery. She appreciated being able to participate on-line and felt it gave the Commissioners another way to serve the community. Dee Mounts from Battleborn Patriots said the phone line had been quite a savior for the citizens. She took a poll yesterday and they all wanted the option. She suggested adding Zoom video to it. Tim Bohannon said he was also in favor of teleconference systems. Diane Southworth asked if the contract were cancelled if it would still need to be paid. May 4, 2021 23. For Possible Action Discussion and deliberation regarding whether to continue the use of the teleconference system for Board of County Commissioner meetings after May 1, 2021 when Nye County’s Local COVID-19 Mitigation and Enforcement Plan is in effect-Cont’d.

Ms. Tackett

said the contract was non-negotiable. She looked at other options and what was needed was extremely unique and the price was comparable to other service providers. John Bosta said there were 123 homebound citizens in Amargosa Valley and he thought continuing the system would allow them to listen and participate in the meetings. He also felt keeping the system for the rural areas was important. Ammie Nelson said she loved the teleconference system and felt it was a perfect tool for people who could not or did not want to attend a meeting as well as for the rural areas.

Commissioner Carbone

said he would like to keep the system until at least the end of the contract so the people had the freedom to call in when they needed to, including staff.

Commissioner Jabbour

said he wanted to hear from the people as to what they wanted, but he was in favor of keeping the system.

Commissioner Cox

wanted something that was faster as she felt the current system made the meetings run long costing staff time.

Commissioner Blundo

made a motion to approve the letter to the BLM to participate as a cooperating agency during the permitting process to approve the Greenlink West Project of NV Energy as outlined in the invitation from BLM received April 14, 2021; seconded by Commissioner Carbone; 5 yeas. May 4, 2021 CLERK 24. For Possible Action Discussion and deliberation to appoint one member to the Pahrump Library Board due to one resignation from the following list of applicants: Brenda Gibbons, Patricia Henderson, Daniel Kleis, John Pawlak, John Shewalter and Joanne Valenti.

Commissioner Blundo

made a motion to appoint John Shewalter to the Pahrump Library District Board to the term ending March, 2022; seconded by Commissioner Carbone. Amy Brufo said she worked for the Pahrump Community Library. She said the Board was given a list of candidates, two of which had 20 years of experience in library districts. John Shewalter did not even have a library card and was not involved with the library at aH. Ms. Brufo did not understand why the Board would appoint someone to a library board that did not have any involvement with the library. Pahrump Library Director Susan Wonderly asked the Board to nominate Brenda Givens, who had 19 years of library knowledge. She pointed out this appointment had been postponed twice and she had filed a complaint with the Attorney General’s Office as all five applicants had knowledge. Ms. Wonderly said she was retiring and Ms. Givens’ knowledge of the library would be an asset to the library when Ms. Wonderly left.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Jabbour; 5 yeas. May 4, 2021 COUNTY MANAGER 26. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2021 -03: A Bill proposing to amend Nye County Code Title 21, Gabbs, by amending Section 21 .040.040 Town Advisory Board, decreasing the number of advisory board members; 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 Blundo

made a motion to set the date, time, and location for a public hearing on Nye County Bii No. 2021-03 as June 2, 2021, at 10:00 a.m. in Tonopah; seconded by Commissioner Jabbour; 5 yeas.

Commissioner Blundo

read the title of the bill into the record. FINANCE 27. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from the Town of Amargosa under the Nye County COVID Relief Program and Policy: Sub-entity Program in the amount of $200,000.00.

Commissioner Blundo

disclosed he applied and participated in the COVID relief programs and the CARES program. He said in an abundance of caution he would abstain from participating in these items.

Commissioner Blundo

was not present.

Commissioner Carbone

made a motion to approve the application from Amargosa as part of the sub-entity program for an amount of $200,000.00 for their electrical system called a generator; seconded by Commissioner Jabbour. John Bosta was present if there were any questions.

Commissioner Carbone

made a motion to approve the COVID Relief Program and Policy with the changes made; seconded by Commissioner Jabbour; 4 yeas.

Commissioner Blundo

was present. PLANNING/BUILDINGICODE COMPLIANCE

Commissioner Blundo

asked if there were extensions in the past.

Mr. Waggoner

said they had not had an extension on this map.

Commissioner Blundo

asked if there was any advantage to the Commission negotiating because times and standards had changed.

Mr. Waggoner

said not with the development agreement currently in place. They would present the map today just as they did back then. May 4, 2021

Commissioner Jabbour

made a motion to approve ET-2021 -000041 for an extension of time of up to two years to present the final map prepared in accordance with the tentative map; seconded by Commissioner Carbone. Charles Nebel said the Board should turn this down if it had anything to do with housing due to the current water problem. Helene Williams, secretary/treasurer for the Private Well Owners Association, told the Board that on March 31, 2021, the Department of Water Resources sent a letter to Governor Sisolak notifying him that currently all Nevada counties met the criteria for drought stage two. She said the Board needed to be very cautious of any development that would add more strain on the groundwater basin. Ammie Nelson was against any further building in Nye County, especially in Pahrump and Basin 162, because of the drought condition.

Commissioner Strickland

said she was not happy with this development agreement, but it allowed the developer to build 3,100 homes whether the Board approved this map or another map. She also noted they did not have to pay impact fees for roads or schools.

Commissioner Cox

said she would not have a problem giving an extension if the developer would come back with fewer houses on larger lots. She asked if they had enough water rights now.

Mr. Waggoner

said they did. He added this tentative map had already been through DWR and NDEP as part of the approval process and was tentatively approved based on the proof of water rights. Those approvals would be required again at the final map stage.

Commissioner Carbone

asked what the impact to the builder would be if the Board did not grant the extension.

Mr. Waggoner

said the only impact would be causing them more expense and starting the tentative map process over.

Commissioner Carbone

asked how long the development agreement was in effect for.

Mr. Waggoner

advised 30 years from the date it passed. Shannon Cooper from Taney Engineering, appearing on behalf of the applicant, said the development agreement was in place until 2030 and they had all of the water rights to build the lots listed in the agreement.

Commissioner Blundo

asked her what would happen if this was not approved. May 4, 2021

Ms. Cooper

said they would just resubmit it.

Commissioner Carbone

thought this could be continued to another meeting to allow the applicant to come in front of the Board to discuss it.

Commissioner Jabbour

withdrew his motion; Commissioner Carbone withdrew his second.

Commissioner Carbone

made a motion to continue this item to the June 15, 2021 meeting in Pahrump; seconded by Commissioner Jabbour.

Mr. Waggoner

pointed out that date exceeded the expiration date on the tentative map, which was June 14, 2021.

Commissioner Carbone

amended his motion to continue this item to June 1, 2021, in Tonopah; Commissioner Jabbour amended his second. John Bosta talked about a case involving Mountain Falls acquiring over 1,000-acre feet of water, which was forfeited this year. He asked if the Adavan water rights were included in the original agreement as there could be less water rights now.

Commissioner Cox

asked how many homes this equated to per acre.

Commissioner Blundo

said it equated to five parcels per acre.

Commissioner Strickland

asked Taney Engineering to talk to each of the Commissioners before June 1, 2021. Tim Bohannon said the water rights should be looked at to be sure there was clarity on this development and future developments.

Commissioner Carbone

made a motion to approve the agreement for sidewalk repair with Robert Perchetti, Assessor’s parcel number 008-1 36-05; seconded by

Commissioner Jabbour

. May 4, 2021 31. For Possible Action Discussion and deliberation to approve, amend and approve or reject the Agreement for Sidewalk Repair with Robert W. Perchetti to repair a damaged section of sidewalk as part of the sidewalk repair project on Main Street in Tonopah, affronting 113 N. Main Street, Tonopah, NV, Assessor’s Parcel No. 008-136-05-Cont’d.

Commissioner Cox

asked if this went out to bid. Tim DahI said it went out to bid and hopefully would come in within the budget amount. The deadline for the bids was May 7, 2021, at 1:30 p.m. in Pahrump.

Commissioner Strickland

asked Samantha Kramer to contact Mr. Bosta. Ammie Nelson congratulated the Commissioners on a job well done during a very difficult time in the country and the County.

Commissioner Blundo

asked that a breakdown of ages, co-morbidities, etc., involving the COVID deaths be sent to the Commissioners. He would also like to bring forward an item on the policy Tim Sutton implemented that was not approved by the Board to fix the issue as well as an item to remove any trespasses or negative inferences done against any member of the public about masks. May 4, 2021 33. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d.

Mr. Sutton

said the breakdown information was already on the dashboard and he would send that link to Commissioner Blundo. He did not understand the trespass issue and asked Commissioner Blundo if he wanted anyone under an ongoing trespass order revisited, to which Commissioner Blundo responded yes.

Commissioner Blundo

reiterated his request for an item regarding SB48.

Commissioner Cox

said she would like to see a bill to ban the vaccine passports as soon as possible. She then asked for an opinion from the District Attorney’s Office if the County Manager was allowed to remove people from a meeting when the Chair was controlling the meeting and if it was listed in the policy anywhere.

Commissioner Strickland

asked the District Attorney’s Office to look at the development agreement with Mountain Falls to see if there was a possibility they violated that agreement by losing water rights. She then advised the County received the CDBG grant for the nitrate system at the fairgrounds.

Commissioner Strickland

adjourned the meeting. APPROVED this day ATTEST: Of 2021. I c: ThQ C Nyé Couty Clerk I Deputy May 5/4/2021 Statement Thank you Chair Strickland and good morning Commissioners. On April 6, 2021, this Board voted to “recommend but not mandate mask wearing in Nye County”. The vote was well-intentioned and responsive to the requests you received from numerous constituents. However, the vote also had some unintended consequences within the business community. Several business owners complained that the action caused conflict between them and their customers because customers believed they could now walk into any business without masks. When the business owners told customers they still had to wear them, they were frustrated and confused. Here at the county level, employees and members of the public immediately began asking if they were now free to remove their masks. As I expressed during the meeting, I was concerned about the Board’s authority to pass the item so I sought legal advice from the District Attorney’s Office. Counsel advised me that the Board unfortunately did not have authority over the mask mandate and therefore the Board’s actions were void and any attempt to enforce them would violate the law. The DA’s Office also stated that the mask mandate was still in effect. I forwarded this opinion to each of the commissioners. Personally, I wish the Board did have authority to remove the mask mandate and can’t blame you for trying. I hate masks as much as anyone and look forward to the day when they are no longer required. That being said, we have to follow the law. I know some commissioners wish to disregard the DA’s opinion, but as county manager I am not at liberty to do so. That doesn’t mean that this Board can’t work to change or challenge the law. The proper mechanism for opposing the mask mandate is not by passing paper tiger resolutions but through the court system. During yesterday’s meeting Commissioner Carbone requested that we do just that. In the meantime, I’m required to ensure that the mandate is followed on town and county property to mitigate disease transmission, reduce legal liability, maintain our insurance coverage, and avoid OSHA complaints. Yesterday’s meeting was the first one after the May 1st deadline set forth in our transition plan. Knowing that there was still a great deal of confusion among the general public regarding the mask mandate, I requested support from the Sheriff’s office to help trespass anyone who did not abide by the mask mandate. Requesting help from the Sheriff’ Office is nothing new and we’ve done so since long before the pandemic whenever we anticipate that a particular meeting might get a little rowdy. The next question was, “well, what about the commissioners? Are they required to follow the mask mandate on county and town property?” The answer is obviously yes. Commissioners are bound by the same laws as the public and if the public is required to abide by the mask mandate, then so are you. A1TACHMENT 1 I wanted to touch briefly on allegations of insubordination on my part. During my three and a half years as county manager, I have received countless assignments from this Board both individually and collectively. Ninety-nine percent of the time I’ve complied and followed through as directed. That’s really nothing noteworthy since it’s my job to carry out the will of this Board, but what is noteworthy are the times when I haven’t. I’ll share just a few of those instances: • Once I was directed to complete change the landscaping at the Calvada without seeking board approval. I said no and that an item would need to come before the Board. • Once I was directed to allow access to a building for a group as a special favor for a commissioner although the buildings were closed at the time due the pandemic. I denied that request. • More than once I’ve been directed by a commissioner to provide a larger, more expensive vehicle for that commissioner than the others. I’ve declined that request each time. • My staff and I have been directed to find “off the books” ways to increase the salary of a commissioner. Those requests have been denied. • Some commissioners have routinely submitted travel claim reimbursement forms with questionable items like a request for $300 dollars for driving around the county for 6 hours every month looking for potholes. If these instances are considered insubordination then I suppose I’ve been insubordinate and probably will be in the future whenever I’m presented with an improper request from a commissioner. In noting these encounters I want to be clear that they do not reflect the majority of my interactions with this Board. Most of your direction is legal, ethical, and procedurally proper. I do worry however that this Board has become a little too dismissive of the advice given by the district attorney’s office. The DA was elected by the people to advise the county and keep us all out of hot water. The DA is often in the unenviable position of declaring what the law is, not what we’d like it to be. The DA’s job is to protect this county and each of you from personal liability and in doing so often has to be the bearer of bad news despite whatever his personal feelings may be on a particular subject. In conclusion, I just want to thank each of you for you decision to serve during this incredibly difficult time. The issues are complex, emotions are high, opinions are varied, and progress seems slow. Some of you are dealing with personal challenges that the general public are completely unaware of. Despite all of that you continue to serve and try to do some good for this county. I appreciate the opportunity to partner with you in these efforts and thank you for giving me a little time today.