October 19, 2021

Commissioner Cox

was present via telephone at this time.

Commissioner Blundo

extended his thoughts and prayers to Governor Sisolak who was in a car accident over the weekend.

Commissioner Jabbour

said Beatty Days was at the end of the month.

Commissioner Carbone

said another Vietnam veteran was lost last night, who was a good close friend of his.

Commissioner Strickland

asked Mr. Boskovich to speak on the CARES item.

Commissioner Cox

was present in Chambers.

Mr. Boskovich

said the last time he spoke he annoyed the District Attorney with his issues of concern. While the District Attorney’s Office was literally floundering and could not cover courtrooms like they were supposed to, the District Attorney was at the home opener for the Knights. Mr. Boskovich suggested the District Attorney help out with the courtroom every now and then. Diane Southworth provided an update on the Nye Community Coalition programs; the WIC and Nye Community Coalition food planning; the Holiday Task Force activities; and the emergency rental assistance program. She left a community resource directory. Lastly, Ms. Southworth stated Sam Merlino ran a great election. It was very coordinated, she did it well, and the County did not need anything else. Helene Williams read a letter she wrote to the Commission which described two violations of the Open Meeting Law by the Nye County Water District Governing Board (NCWD) for late agenda posting. The agenda for the November 15, 2021, meeting in Railroad Valley, where there was no public ability to hear or participate, held an agenda item that deeply disturbed her. It was item 14.C., a staff report from Oz Wichman regarding the Supreme Court Commission-Water Court and District Map Proposal. At a previous meeting Mr. Wichman had advised the NCWD that he had been appointed to serve on the Supreme Court Commission and would present to the NCWD his memorialized memorandum to that commission. The document divided the State into five court districts with five judges recommended by Mr. Wichman that would be appointed for life usurping the Legislature and the people’s right to vote. Ms. Williams did not believe the NCWD was serving the people of Nye County and requested the Board of County Commissioners recall by a simple majority vote all of its members. She asked that her statement be included in the minutes [see Attachment 2]. John Koenig said the Pahrump Disability Outreach Program event would be held Friday, Saturday and Sunday at Ian Deutch Memorial Park.

Commissioner Strickland

opened and closed the public hearing.

Commissioner Blundo

mentioned how law enforcement was being attacked at every turn and there were some concerns the CBA would address going forward, one of which was the turnover rate at the Sheriff’s Office. The pay rate was also addressed.

Commissioner Carbone

added the CBA also provided clothing allowances for the deputies and there was a plan for vouchers for the officers in the future.

Commissioner Cox

said she had pushed for years to get a raise for the officers, and she would like to give them more. This was spread out over a three-year period, but she would have liked to have seen it taken care of right now. October 19, 2021 8. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject the Nye County Law Enforcement Association Agreement to include the reporting of the fiscal impact of the agreement-Cont’d.

Commissioner Jabbour

stated the Board absolutely supported law enforcement and was doing what it could to get as much as it could for them. Pursuant to NRS 288.153, Savannah Rucker advised the total fiscal impact of the contract was $34.7 million, and the new negotiated changes during the time the contract would exist from baseline was $3.45 million.

Commissioner Blundo

made a motion to adopt the Nye County Law Enforcement Association agreement and include the reporting of the fiscal impact of the agreement; seconded by Commissioner Jabbour; 5 yeas.

Commissioner Strickland

opened the public hearing. John Bosta advised the Amargosa Town Board had not been able to meet to talk about this, but Amargosa had supported marijuana. He also suggested the word cannabis be used instead of marijuana due to a change in 533. Pat Minshall was glad this had been added. She thought it was very important that the establishments go before the town or advisory boards. Erika Gerling stated the Beatty Town Advisory Board also supported this amendment.

Commissioner Strickland

closed the public hearing. Planning Director Brett Waggoner said when this was before the Board a couple of months ago there were concerns about allowing enough time for the applicant to make presentation to the different town boards due to the frequency of meetings. He worked with Commissioner Carbone and came up with language they thought the Board would like. Mr. Waggoner did not think there was any issue with using the word marijuana instead of cannabis. The word marijuana was speckled throughout the licensing and October 19, 2021 9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reject Nye County Bill No. 2021-09-Cont’d. the Code, which should probably be corrected, but he did not think it was an issue today.

Commissioner Blundo

was concerned about what would happen when the 45 days went by.

Mr. Waggoner

explained the 45 days allowed them to at least try to make presentation, and the way the Code was written the Planning Department would not accept an application without the letter of support or opposition from the town.

Commissioner Blundo

felt it was an arbitrary date that Planning would rely on the applicant to tell them when they communicated because Planning would not accept the application. He suggested a minor modification that they would submit for the SUP and the clock would start then.

Commissioner Strickland

asked how that would affect the process.

Mr. Waggoner

explained when they received an application for an SUP it went on the next available agenda so the delay would not come from the Planning Department. With any other application any required documents were part of that application, otherwise it was not accepted. With this Code amendment he would consider that a required document for that application.

Commissioner Blundo

suggested removing the word “prior” in section Bid. on page

Commissioner Carbone

said if that word was taken out they would never get to the town board. He felt the person who needed the SUP should be the person responsible to take care of that.

Commissioner Strickland

pointed out it stated 45 days after the license was approved by the Board, so she did not see the differentiation. Also, the Board was allowed to hear extensions.

Commissioner Blundo

thought it would not come to the Board because of the word “prior.” He was only talking about B.1 .d, and his suggestion was to have both processes start so there was one place the clock started ticking. If they did not have a meeting or did not get a letter there needed to be a stop on the time.

Commissioner Cox

asked when a person applied if Mr. Waggoner would tell them they needed to go the town board. October 19, 2021 9. 10:00 am. For Possible Action Public Hearing, discussion and deliberation — — to adopt, amend and adopt, or reiect Nye County Bill No. 2021 -09-Cont’d.

Mr. Waggoner

said no. If they made an inquiry about the application process, they would be told that was one of the requirements for an application to be submitted. He noted that at the State level if someone submitted an application it would be rejected if they did not have the approval of the local jurisdiction, or it would not move through the process.

Commissioner Carbone

made a motion to adopt Nye County Bill No. 2021-09, a bill proposing to amend Nye County Code Chapter 17.06 titled “Marijuana Establishments; Zoning Requirements,” by amending Section 17.06.020, titled Definitions, and amending Section 17.06.040, titled Requirement to Obtain a Special Use Permit, to include a requirement to obtain a written letter in support of, or in opposition to, the marijuana establishment by the elected or advisory town board prior to submittal of a special use permit application: and providing for the severability, constitutionality and effective date thereof, with an effective date of November 8, 2021; seconded by

Commissioner Jabbour

4 yeas. Commissioner Blundo voted nay. 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2021-11: A Bill proposing to amend Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, Chapter 17.10 entitled Special Use Permits by adding a new section titled “definitions” and adding definitions for the terms non-renewable energy generation facility, renewable energy and renewable energy generation facility, providing that all energy generation facilities (non-renewable and renewable) shall require application and approval of a Special Use Permit; requiring the applicant to obtain a letter in support of, or in opposition to, the project prior to submitting an application to the Planning Department, and requiring the applicant to submit such letter to the Planning Department along with the application for a special use permit, and providing for the severability, constitutionality, and effective date thereof; and other matters properly relating thereto.

Commissioner Strickland

opened the public hearing. John Bosta said the public hearing should be held 30 days before the bill was done. The last item was about amendments to the bill and the Town of Amargosa did not have an opportunity to speak to the time and requirements imposed upon them. He supported this bill, but he did not support having a public hearing and then going to the item and not allowing the public to speak on it. Mr. Bosta believed it was a violation of the law and asked MarIa Zlotek about it.

Ms. Zlotek

said she would talk with Mr. Bosta off-line. Charles Nebel wondered if this applied to commercial or homeowners. October 19, 2021 10. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Bill No. 2021 -11-Cont’d.

Commissioner Strickland

closed the public hearing.

Commissioner Strickland

asked who this would affect. Brett Waggoner explained this came about because of all the recent solar interest in Pahrump and other parts of the County. There was similar language in this bill as was in the last one to put the applicants in front of the town boards their projects would affect. This had nothing to do with residential solar systems. It was for solar generating facilities on commercial lots.

Commissioner Blundo

made a motion to adopt with an effective date of November 8, 2021; seconded by Commissioner Cox; 5 yeas. 11. 10:00 a.m. For Possible Action Hearing to Show Cause, discussion and to — — determine if there is sufficient cause to revoke Special Use Permit SU-2020- 000069 granted to Green Cross of America, Inc., for cannabis cultivation on 3.78 acres located at 5101 5. Oakridqe Avenue, Pahrump, NV. Assessor’s Parcel Number 044-521 -41. Oakridqe Enterprises, LLC. Property Owner. Farhad Delrahim, Manager, Oakridge Enterprises, LLC. Moosa Kohanim, Green Cross of America, LLC. Applicant/Grantee. This item was removed from the agenda. 12. 10:00 a.m. Presentation from Angela Reinold with Faith for Action, Molly Walt with Nevada Rural Counties RSVP Program, and Nancy Gum and Denise Scherer with Tails of Nye County as Grantees of the Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities (PAAO) within the Nye County Covid Relief Program (CRP) pursuant to the requirements set forth in the grant agreement to include assistance provided and programmatic reporting.

Commissioner Blundo

disclosed he had a business in Nye County, held a privilege license, and participated in the Nye County COVID Relief Program. Since this was a presentation with no action to be taken, he asked the District Attorney if he needed to recu se. MarIa Zlotek stated the disclosure was sufficient based on the facts, but it was

Commissioner Blundo’s

choice to participate. Comm issioner Blundo said he wanted to hear the presentation and would not recuse himself as there was no action to be taken. October 19, 2021 12. 10:00 a.m. Presentation from Angela Reinold with Faith for Action, Molly Walt with Nevada Rural Counties RSVP Program, and Nancy Gum and Denise Scherer with Tails of Nye County as Grantees of the Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities (PAAO) within the Nye County Covid Relief Program (CRP) pursuant to the requirements set forth in the grant agreement to include assistance provided and programmatic reporting Cont’d. Savannah Rucker explained part of the PADO program required the applicants to provide brief presentations to the public and the Commissioners as to how they were helping the community. Virginia Bautista from Faith for Action gave the Board a report on their activities in the community using the funding they were granted. Molly Walt from Nevada Counties Rural RSVP Program gave the Board a report on their activities in the community using the funding they were granted. Nancy Gum from Tails of Nye County gave the Board a report on their activities in the community using the funding they were granted. The Board was in recess until 1:30 p.m. FINANCE

Commissioner Blundo

disclosed he had a business in the community, held a privilege liquor license, and was a grantee under the Nye County COVID Relief Program. He would recuse himself and abstain from this item in an abundance of caution.

Commissioner Blundo

was not present. Savannah Rucker said she had a phone conversation with Sharen Black and Tina Trenner. The back-up provided was a result of that conversation. Ms. Black and Ms. Trenner were prepared to walk through a short presentation and answer questions. Sharen Black explained their plan was to film a very important program for manners and etiquette for fourth grade students. The program they were filming would be a ten module series which would last for years to come. She compared the program to a new business with the need for the upfront capital expense. In order to produce those ten October 19, 2021 31. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from Cotillion for Success Educational Program under the Nye County COVID Relief Program and Policy: Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities in the amount of $260,000.00: and 2) Grant the Nye County Manager authority to execute the related grant agreement-Cont’d. lessons, they proposed creating an entire Cotillion for Success program with 40 students who would be nominated by teachers, specialists and administration. Kay Lapointe said School Board member Sean Hastings had planned to be here but got tied up in Las Vegas. He fully supported the program. Debbi Carle, the principal at J.G. Johnson, said a program like this would make a big impact on the students, the community, and the parents throughout the Nye County School District. She stated her support of the program.

Commissioner Jabbour

asked Mrs. Rucker if could be afforded and where the money could come from.

Mrs. Rucker

said after reviewing the program and the additional back-up provided by

Ms. Black

, it would be her recommendation to fund $100,000.00 from the Nye County CRP Program and $160,000.00 from the ARPA Program. Pat Minshall said she asked during the first presentation if it would be available for people outside of Pahrump and was assured it would be. She called the principal and events person at the Amargosa school and was told they had not heard anything about this. Ms. Minshall thought it was a wonderful program, but not offering it to other towns in the County was not right. Sam Jones said the children were the future so anything that could be done should be done for them. John Bosta said he remembered when he was in middle school, he was told to put his little foot right there. Virginia Bautista from Faith for Action said this was a beautiful program and felt it was a community effort for the children. As to the outlying areas, Ms. LaPointe explained they only approached two schools this year, one in Clark County and J.G. Johnson in Pahrump, so they could film and do the modules. When that was completed this year the ten modules would be offered to all of the Nye County School District.

Commissioner Jabbour

suggested they visit the Amargosa Town Board to present their intention after the pilot program. October 19, 2021 31. For Possible Action Discussion and deliberation to: 1) Review and approve, amend and approve, or deny an application from Cotillion for Success Educational Program under the Nye County COVID Relief Program and Policy: Public Assistance Administered by Non-Profits, Not-For-Profits, and Charities in the amount of $260,000.00: and 2) Grant the Nye County Manager authority to execute the related grant agreement-Cont’d.

Commissioner Cox

asked how long it would take to move the $100,000.00 to the point they could use it.

Mrs. Rucker

advised the revenues had already been received into the bank and were available for use. The policy was needed for the ARPA program, but the Board could approve this outside of that policy and it would be included as one of the prior approved programs.

Commissioner Cox

made a motion to approve an application for the Cotillion for Success Educational Program under the Nye County COVID Relief Program and Policy: Public Assistance Administrated by Non-Profits, Not-For-Profits and Charities, in the amount of $260,000.00 and grant the Nye County Manager authority to execute the related grant agreement with $100,000.00 coming from Nye County CRP funds and $160,000.00 coming from the Nye County ARPA program; seconded by Commissioner Jabbour; 4 yeas. PUBLIC WORKS

Commissioner Blundo

was present. Assistant Public Works Director Tom BoIling asked that the bid be rejected. The original bid for this project was $640,000.00 and this bid was way above that as well as the budget for the project.

Commissioner Blundo

made a motion to reject Bid No. 2021-10, Blagg Road Overlay and Widening, and direct staff to make the appropriate scope changes so it would better conform to the stated budget of $640,000.00; seconded by Commissioner Carbone; 5 yeas. October 19, 2021

Commissioner Blundo

made a motion to approve, execute and fund $28,125.00 from 10340, Grants, and $1,875.00 from 10402, Special Capital Projects; seconded by

Commissioner Strickland

asked why this could not be funded out of one fund. Savannah Rucker explained the FAA projects were funded mostly by the FAA and the difference needed to be provided by the County, which was funded through capital funds.

Commissioner Strickland

did not think this would be a viable purchase at this time. Sam Jones felt there was a reason Desert Utilities wanted to sell, which meant money. He suggested telling them to upgrade it to where it was 2021 available, otherwise nix the deal. John Bosta was concerned that this utility was adopted and proposed for a special subdivision. There were a lot of people with wells and septic tanks in the area. He asked if the County purchased it if it would expand into the area or remain for that special development. He also wanted to know how people with wells and septic tanks would be protected. October 19, 2021 37. For Possible Action Discussion, deliberation, and approval to move forward or not with the acquisition evaluation process for possible purchase of Desert Utilities, Inc., a privately owned utility company in Pahrump, NV-Cont’d.

Commissioner Blundo

said he did not want to see Great Basin be a monopoly in the community and believed this could provide the citizens a different option. He also saw it as an opportunity to apply for grants and move infrastructure in a different direction. He pointed out there was nothing that said the Board could not sell it down the line. He asked the Board to continue entertaining this to see if they sold to different company or maybe the County could revisit it at a later date. Commissioner Blundo felt this item could die for lack of a motion and be brought back.

Commissioner Jabbour

said Desert Utilities was not an asset. It was a liability to the County and the people of the County. He understood the concept of having a monopoly, which the Commissioners absolutely did not want, but they also did not want to harm the residents of Pahrump by purchasing this and then raising their rates just to sustain.

Mr. Tuck

advised that as of right now there was one community in the County that needed $2 million for major upgrades and another community that needed $80,000.00 in major upgrades. He was concerned with taking on another that needed major upgrades.

Commissioner Carbone

did not know if the Board wanted to create a district for this utility, but he pointed out if it was left on the agenda, it could block other people from making bids.

Commissioner Blundo

made a motion to not move forward at this juncture but with the ability to revisit the acquisition evaluation process in the future if the Board would like to; seconded by Commissioner Carbone; 5 yeas.

Commissioner Blundo

made a motion to approve and fund from 10250, Special Revenue Fund; seconded by Commissioner Carbone. Savannah Rucker advised for items 38-40 the fund needed to be changed to 10205, the Road Department Fund.

Commissioner Blundo

amended his motion to approve and fund from 10205, Road Fund; Commissioner Carbone amended his second; 5 yeas. October 19, 2021

Commissioner Blundo

made a motion to approve and fund from 10205, Road Fund; seconded by Commissioner Carbone; 5 yeas.

Commissioner Carbone

made a motion to approve the model 950M loader in the amount of $299,668.07 and fund from 10205; seconded by Commissioner Blundo; 5 yeas. 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. 15. For Possible Action Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens.

Commissioner Blundo

made a motion to approve the consent agenda items; seconded by Commissioner Carbone; 5 yeas. 16. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in January for Wednesday, January 19, 2022 in Pahrump, NV.

Commissioner Blundo

made a motion to approve the consent agenda items; seconded by Commissioner Carbone; 5 yeas. 17. For Possible Action Approval to: 1) Accept the FY21 Environmental Workforce Development and Job Training (EWDJT) Grant Award through the U.S. Environmental Protection Agency in the amount of $200,000.00 to provide funding for the Nye County Job Training Program; 2) Execute the grant award; and 3) Fund $200,000.00 from 10340 Grants.

Commissioner Blundo

made a motion to approve the consent agenda items; seconded by Commissioner Carbone; 5 yeas. October 19, 2021 18. For Possible Action Approval to: 1) Accept a Notice of SubAward for Community Services Block Grant (CSBG) for FY2022 in the amount of $120,884.00, to provide assistance to very low to low-income populations, along with Assurances. There is no County match required, 2) Execute the SubAward; and 3) Fund from 10340 Grants

Commissioner Blundo

made a motion to approve the consent agenda items; seconded by Commissioner Carbone; 5 yeas. BOARD OF COMMISSIONERS 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. 24. 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. October 19, 2021 25. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2021-36: A Resolution directing the County Assessor to prepare a list of the taxpayers on the 2022-2023 secure tax assessment roll in Nye County, Nevada and directing distribution of the same.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Carbone; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 13. For Possible Action Discussion and deliberation regarding verbal or written activity reports provided by Town of Pahrump Committees: Pahrump Arena Advisory Committee, Nuclear Waste and Environmental Advisory Committee, Pahrump Off Highway Vehicle Park Advisory Committee, Pahrump Parks and Recreation Advisory Committee, Pahrump Public Lands Advisory Committee, Pahrump Tourism Advisory Committee, or Pahrump Veterans Memorial Advisory Committee, and direction from the Board regarding the verbal activity reports.

Commissioner Blundo

read a letter from Robert Adams from the Nuclear Waste and Environmental Committee about their last meeting. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, AND MANHATTAN BEATTY 14. For Possible Action Discussion and deliberation to: 1) Accept a grant from the State of Nevada, Commission on Tourism for the Town of Beatty in the amount of $3,568.00 to be used to maintain a social media campaign promoting Beatty as open for visitors; 2) Execute the award documents; and 3) Fund from 24220 Beatty Room Tax.

Commissioner Jabbour

made a motion to 1) accept a grant from the State of Nevada, Commission on Tourism for the Town of Beatty in the amount of $3,568.00 to be used to maintain a social media campaign promoting Beatty as open for visitors; 2) execute the award documents; and 3) fund from 24220, Beatty Room Tax; seconded by

Commissioner Blundo

. Erika Gerling thanked the Commissioners.

Commissioner Blundo

made a motion to approve and execute the agreement and fund from 10101, General Fund, with an approximate cost of $50,000.00; seconded by

Commissioner Jabbour

said the $50,000.00 amount was to be locked in, but he had also heard it could go up with people who did not opt to vote in person and wanted the mail in voting. If it was less, then it would cost $50,000.00.

Mrs. Merlino

said the $50,000.00 was just in working with the Contracts Administrator as she wanted to put a cost on it and was a total estimate pulled from the past. Mrs. Merlino had no idea how much this would cost, but this contract was to lock in the prices seen in the contract per ballot stock, per printing cost, etc., not the $50,000.00. In the future they could decide if it would cost ten cents more per ballot, but this would lock in the prices shown through 2022.

Commissioner Cox

asked Mrs. Merlino if her office had printed these in the past.

Mrs. Merlino

said no. She explained in the past when people just asked for an absentee ballot her office used a ballot printer to print out approximately 5,000 ballots and her staff would handle those. Now they were required by law to send a ballot to every active voter who did not opt out.

Commissioner Cox

asked how many ballots that printer could print.

Mrs. Merlino

said during the last election before COVID she purchased a ballot printer for in-office so if they ran out of ballots in one precinct it was programmed to print out extra ballots, but it was not something they would normally use. Now that they were looking at 30,000 ballots there was no way her staff could handle it. With the mail in elections, they ordered additional ballots if someone lost their ballot and they also had October 19, 2021 26. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject the Ballot Print and Mail Services Agreement between Runbeck Elections Services, Inc. and Nye County for ballot printing and mailing services for the 2022 elections; 2) Execute the Agreement; and 3) Fund from 10101 General Fund with an approximate cost of $50,000.00-Cont’d. to have extras on hand for new registrations. Anything that came in after that first initial voter registration drop given to the vendor would be done by her staff.

Commissioner Cox

thought that printer could be used for the ballots. The main problem would be stuffing and getting them out. She asked Mrs. Merlino if it would be cheaper for her to print the ballots and hire a couple of people temporarily to take care of that.

Mrs. Merlino

said the printer was not that high capacity. The ballot stock was thick, and they had to be folded specifically. It was hard to hire a temporary that did not specialize in elections to get the proper precinct and ballot style. Mrs. Merlino also did not know where she would store 30,000 ballots in her office.

Commissioner Cox

said she had concerns doing it this way as there were no checks and balances.

Mrs. Merlino

explained she sent the vendor the voter list, who in turn sent everything back to her so they knew what was issued and the date it was dropped, so she would know when everyone was mailed a ballot. Everything had a bar code so as they were returned it was scanned into the system as being received and signature verified. She stated it would be impossible to do in office, especially getting ready for an election. There was too much work and if she hired people or had her staff do it the ballots would never get out. Helene Williams understood money could be saved if people opted out and voted in person since they would not get a ballot. Her concept was if opting out could be promoted money could be saved, but Mrs. Merlino indicated no. Sam Jones noticed it said services for the 2022 elections, not just one, at an approximate cost of $50,000.00, which he read as $50,000.00 for two elections. He then said he knew for a fact four people who were deceased were sent ballots during the last election, which was why a forensic audit was needed.

Commissioner Cox

suggested denying it based on the fact the Commission felt the State should put the funds forward and see what happened.

Commissioner Strickland

wondered if ARPA funding could be used. Savannah Rucker said she had a note to look into that. October 19, 2021 26. For Possible Action Discussion and deliberation to: 1) Approve, amend and approve, or reject the Ballot Print and Mail Services Agreement between Runbeck Elections Services, Inc. and Nye County for ballot printing and mailing services for the 2022 elections; 2) Execute the Agreement; and 3) Fund from 10101 General Fund with an approximate cost of $50,000.00-Cont’d.

Mrs. Merlino

said depending on how many people opted out and how many chose to receive the mail ballot money could be saved by not having as many workers, machines, etc. It was up in the air until a full election cycle was done with the opt out ahead of time option. If she had one town that the majority of residents wanted mail ballots, the question was if she would have to have a polling location there. She reiterated this was purely to lock in the price for the ballot stock and printing services and the $50,000.00 was put on there just to give an idea of what it could cost.

Commissioner Cox

asked how people found out they could opt out.

Mrs. Merlino

advised the State just came up with the final opt out form, which she put on the County Web site.

Commissioner Strickland

said $50,000.00 for 30,000 potential ballots was $1.66 a ballot.

Commissioner Jabbour

made a motion to appoint Scott Harris to the unexpired term to end January, 2023; seconded by Commissioner Blundo. John Bosta stated his support of Mr. Harris.

Commissioner Blundo

asked if the rate study to correct the Gabbs water enterprise issue took into consideration the $100,000.00 from the ARPA funds.

Mrs. Rucker

said it did, but the rates still needed to be taken care of. 29. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect budget transfer of appropriations between departments within Nye County General Fund 10101. Savannah Rucker said the budget schedule and contingency information was included in the back-up. There was a mix up on the how the funding would be supported. It needed to be out of the District Attorney’s Office, not miscellaneous overhead, as the District Attorney’s Office was overseeing the two cases.

Commissioner Carbone

made a motion to adopt; seconded by Commissioner Blundo; 5 yeas. 30. For Possible Action Discussion and deliberation to: 1) Discuss a request for a budget amendment for Faith for Action under the Nye County COVID Relief Public Assistance Administered by Non-profit, Not-for-profit, and Charities Program; and 2) Approve, amend and approve, or reiect the budget amendment request.

Commissioner Blundo

said he had a business in Nye County, held a privilege license, and has been a recipient of the Nye County COVID Program. In an abundance of caution, he would abstain and recuse himself at this time.

Commissioner Blundo

was not present. Savannah Rucker explained when Faith for Action initially applied for this funding their budget as presented was with a certain intention and now they realized they needed to modify their budget. Angela Reinold from Faith for Action said they wanted to give the grant back. They were grateful for the opportunity, but it had been a struggle to get access to it which had taken away from their ability to serve and be that fill in the gap they were created to be.

Commissioner Strickland

noted the agenda item was to change the budget amendment request. She thought she wanted to not move forward with this item and bring back an item to address what Ms. Reinold wanted to do.

Mrs. Rucker

said yes, it would terminate the grant agreement if it was brought back. October 19, 2021 30. For Possible Action Discussion and deliberation to: 1) Discuss a request for a budget amendment for Faith for Action under the Nye County COVID Relief Public Assistance Administered by Non-profit, Not-for-profit, and Charities Program; and 2) Approve, amend and approve, or reject the budget amendment reguest-Cont’d.

Commissioner Blundo

made a motion to approve, execute and deposit the funds into 10291; seconded by Commissioner Carbone. Carl Brownfield, Program Director and Studio Manager for Radio Goldfield Broadcasting, said they were tickled to bring their broadcast to the Hadley and Round Mountain area. After nine years the FCC was opening a window for non-profit broadcast licensing. They were applying for one for the Round Mountain area and one for the Dyer/Fish Lake Valley area as well.

Commissioner Blundo

made a motion to allow cannabis consumption lounges in Nye County, direct staff to inform the Cannabis Compliance Board, and begin working on Code to reflect that; seconded by Commissioner Jabbour. October 19, 2021 34. For Possible Action Discussion and deliberation whether to: 1) Allow or prohibit cannabis consumption lounges in Nye County; and 2) Direction to staff Cont’d.

Commissioner Blundo

suggested staff reach out to the marijuana association as he would like them to be part of the conversation and felt they could help streamline the process. Brett Waggoner said one of the questions was if there was a number in mind if there was a desire to allow these types of establishments.

Commissioner Blundo

amended his motion to allow cannabis consumption lounges in Nye County, direct staff to inform the Cannabis Compliance Board, begin working on Code to reflect that, and to answer that question as no as the County needed to see what the Code Compliance Board would allow the County to have.

Commissioner Jabbour

noted the back-up indicated 20 in section 12.4 on page 5.

Commissioner Strickland

wondered if the motion should be amended to read yes, 20.

Commissioner Jabbour

amended his second.

Commissioner Blundo

said he understood the County would be eligible for one license per dispensary. The County had two dispensaries with a request for a third one in an area outside of Pahrump. If the Board began limiting it, it would not include any other socially disadvantaged licenses.

Commissioner Blundo

amended his motion to allow cannabis consumption lounges in Nye County, direct staff to inform the Cannabis Compliance Board, begin working on Code to reflect that, and to answer that question as no at this juncture but the Board reserved the right to revisit it at a later date if the need arose; Commissioner Jabbour amended his second.

Mr. Waggoner

noted there was a provision for independent lounges not connected to a dispensary.

Commissioner Cox

said she thought this was going to be in-home use only and now it was at this level. She wondered where it would go next.

Commissioner Blundo

asked Maria Zlotek to have Michelle Nelson contact him. He then read the definition of a bottlenecker, which was a person who advocated for the creation or perpetuation of government regulation particularly an occupational license to restrict entry into his/her occupation or profession thereby accruing an economic advantage and not providing an economic advantage to consumers. Commissioner Blundo felt like that was something the Board did today and he was not happy about it.

Commissioner Jabbour

reminded everyone to spay and neuter their pets and animals.

Commissioner Strickland

asked Ms. Ziotek for a way for the District Attorney’s Office to do the show cause hearings.

Ms. Ziotek

said she would move forward with that. Sam Merlino said she planned to give a presentation on the new election laws, but she was waiting for the State’s regulations. Normally the Secretary of State put out the Nevada Administrative Code, which pinpointed and detailed the laws that had passed. She would like to put that on a future agenda and would also address the opt out options at that time. Another thing required next year was a risk limiting audit, which would be required after every election.

Commissioner Cox

talked about an article she read and asked that staff take a good look at any grants because they were coming with more and more strings associated with mandated vaccines. New Hampshire and their executive council just turned down a $27 million grant with full vote against it. It was stipulated they would be given the grant, but then they had to mandate all of their citizens had to be vaccinated.

Commissioner Cox

did not want to see that here.

Commissioner Blundo

congratulated the blue collar working people of Southwest Airlines as they stood together and Southwest had dropped the plan to put unvaccinated staff on unpaid leave. October 19, 2021 42. Commissioners’IManaqer’s Comments (This item limited to announcements or topiciissues proposed for future workshopsIaqendas)-Cont’d.

Commissioner Cox

said Delta had made that decision as well.

Commissioner Strickland

adjourned the meeting. APPROVED this ATTEST: Of flcü 2021. (c’s rw’ Chà.j) Nye Couhty Clerk I Deputy U.S. Trotting Association 61305. Sunbury Rd., WesterviWe, OH 43081-9309 • wwN.ustrott(ng.corn Phone (toll free US & Canada): 877.800.USTA (8782) • Phone: 614224.2291 U ST A Fax (toil free U.S. & Canada): 844.229.1338 • Fax: 614.224.4575 October 5, 2021 The Honorable Nancy Pelosi The Honorable Charles Schumer Speaker Majority Leader U.S. House of Representatives U.S. Senate Washington, D.C. 20515 Washington, D.C. 20510 The Honorable Kevin McCarthy The Honorable Mitch McConnell Minority Leader Minority Leader U.S. House of Representatives U.S. Senate Washington, D.C. 20515 Washington, D.C. 20510 Dear Speaker Pelosi and Leaders Schumer, McCarthy, and McConnell: The United States Trotting Association (USTA) writes to commend recent legislative efforts aimed at prohibiting the transport of horses for purposes of slaughter for human consumption and to urge swift consideration and passage of this important policy objective. The USTA supports the following House and Senate legislative initiatives that would accomplish this objective, including: • HR. 3355, the SAFE Act of 2021, introduced by Representatives Janice Schakowsky (D IL) and Vern Buchanan (R-FL) • 5. 2732, the John Stringer Rainey Save America’s Forgotten Equines (SAFE) Act, introduced by Senators Robert Menendez (D-NJ), Lindsey Graham (R-SC), Sheldon Whitehouse (D-RI), and Susan Collins (R-ME) The USTA is a national, 17,000-member, not-for-profit association of Standardbred owners, breeders, drivers, trainers, and officials. We were founded in 1939 with a mission to ensure the highest standards of safety and care for Standardbred horses; today, we have over 30 racetracks across the country and over 200 fairground racetracks. Our interest in horse safety and care extends to all breeds and all phases of life and is not limited to racing horses. We strongly support congressional efforts to end the legal pipeline of U.S. horses being transported outside of the United States for slaughter and human consumption. This loophole enables bad actors to take advantage of horses and horse owners in vulnerable situations. The existence of this loophole also stymies programs and organizations working to provide more suitable options for care. For example, the USTA leads and supports programs for retired Standardbred racehorses, including programs that provide safety nets for horses in need of care. U.S. Trotting Association 6130 S. Sunbury Rd., Westervifle, OH 430819309 • wwf.ustrotting.corn Phone (toll free US. & Canada): 877.800.USTA (8782) • Phone: 614.224.2291 U ST A Fax (toll free iS, & Canada): 844.229.1338 • Fax: 614.224,4575 This includes USIA’s Support Our Standardbreds program, our Full Circle program, and an organization we helped found, the Standardbred Transition Alliance. Horse owners, breeders, and the like should not have to fear that selling or donating their horse might mean unintentionally placing them in the horsemeat pipeline. Likewise, potential horse buyers looking to provide for the long-term care of the horse should be competing against others with a similar goal. Unlike buyers for the horsemeat market, these individuals, businesses, and organizations must consider the long-term costs of caring for the horse when allocating capital toward the purchase price, putting them at an inherent disadvantage to the so-called “kill buyers.” Closing this loophole will allow for the better protection of horses and those looking to provide them with care. In July, the House passed this policy change as a bipartisan amendment offered by Representatives Troy Carter (D-LA) and Brian Fitzpatrick (R-PA) to the IN VEST in America Act. The USTA applauds the House’s action and encourages further activity in both chambers to see this policy change enacted into law. Sincerely, Russell Williams Mike Tanner President CEO United States Trotting Association United States Trotting Association -1I 22)() (/ jV) (S()/(S (ij,’/,,/ )/(f /-rj(L2j L 10/18/2021 Dear Commissioners, As an appointee by this Commission to the Nye County Water District Governing Board it is my responsibility to serve you and the people of Nye County, therefore I will not apologize for my appearance here today because this is the right thing to do. On Thursday October 14th, 2021, I was sent an email by Chistal Behrends (Administrative Assistant) that the District Board meeting was cancelled with a “myriad of circumstances” including but not limited to agenda “posting discrepancies”. The agenda for this meeting when posted on October 14th, at 11:13AM violated the Open Meeting Law that states 9:00AM as the deadline three business day prior to the meeting. The last thing I want is to be subject to such a law, so I researched other past items and found that the October 2020 meeting was posted 16 minutes after the deadline. The agenda for this 2021 meeting now posted for November 15, 2021, in Railroad Valley ( where there is not public ability to hear or participate in this meeting) holds an agenda item that deeply disturbs me, and I have not been able to find any personal resolve, the item is item #14 C Staff Report Oz Wichman “Supreme Court Commission-Water Court and District Map Proposal”. At a previous meeting Mr. Wichman notified the Water Board that he had been appointed to serve on a Supreme Court Commission, I believe this appointment was made by the Nevada Governor.

Mr. Wichman

(see attached) will present to the Water Board at their next meeting his memorialized memorandum to a Supreme Court Commission, This ATTACHMENT 2 document divides the State of Nevada into five (5) Court district with five (5) judges at his recommendation will be appointed for life usurping the legislature and the people’s right to vote. Today ‘Water Cases’ are heard in local jurisdictions; under this proposal these judges will only be removed by the Nevada Supreme Water Court. If an individual had a case, they would want to appeal then they will go before this Nevada Supreme Court with their attorneys at a great financial burden. Will the cost to create 5 separate Courts be at the burden of the Nevada Taxpayers, where will the new Water Court in Nye County be built and at what expense, how is all this to be financed, this part is not in Mr. Wichman’s proposal. My initial desire to serve on this board was to represent the people of Nye County on our Counties water issues, this issue needs to be exposed to you and the people of Nye County. I do not believe at this time that the Governing Board is serving the People of Nye County and request that this Board of Commissioners recall by a simple majority vote all its members (Chapter 542.SB 222/5). I believe my actions here today represents my desire to serve the people of Nye County in their best interest and not some irresponsible concept to create another court that will not fairly serve the people of Nevada. Thank you, 7eiie 1?im’j Helene Williams I REUUEST MY STATEMENT BE READ INTO THE MINUTES 2 WATER COURT AND WATER COURT DISTRICTS PROPSAL Context: At the April 16, 2021 Supreme Court Commission meeting I provid ed comments/suggestions regarding a proposed water court for Nevada. I have been asked to memorialize my proposal in a memorandum. To that end, the following are suggestions for consideration by the Commission. I have also provided a map showing 5 distinct water court districts to be included as part of this proposal. Proposal: The court should consist of 5 judges assigned to 5 distinct districts. The judges are to reside (live in) their assigned districts. Hearings (litigation) are to be conducted within the district boundary. Rationale: There is a common thread of concern that should a water court be created, and (for example) all Judges reside and hear cases in a centralized location; rural Nevada will have no representation (not to mention it takes a full day to drive across Nevada from east to west). This provides for equitable representation for both metropolitan and rural areas. Please refer to the district map provided as part of this proposal. Proposal: The Judges are to be appointed by the Suprem e Court, are lifetime appointments, and can only be removed or replaced by the Supreme Court. Rationale: The goal is to provide Judges with extensive knowledge of water law that will remain in office for extended periods (decades). The water court body can petition the Supreme Court for removal of one of the judges. Proposal: The Judge assigned to a district will provide the burden of research and preside over the proceedings. However, all decisions will be considered, and voted on, by the full body of the court and as such will require at least 3 judges to be in agreement with any given decision coming out of the court. Rationale: This provides for peer review and will lend itself to consistent application of water law. Proposal: All decisions made by the proposed water court are appealable to the Nevada Supreme Court. Rationale: This proposal does not exclude the Nevada Supreme Court from considering and providing final decisions with respect to Nevada water law. Notes: There are many complex issues that will be discuss ed associated with the creation of a water court. This proposal is presented in good faith to begin a discussion regarding the most basic of frameworks for such a court that provides for; a judicia l body that can focus its sole attention on water litigation, provide consistent application of water law, provides a judicial body with the necessary education experience and tenure, and provides represe ntation for both metropolitan and rural areas. Presented by 0. Wichman, member of Supreme Court Commission created to study adjudication of water law cases October 2021 -- r i W 4E’i-’ I . H - L ti1 ‘ -fi F7? FF 1 — j NF 2 ,/3 ?:rI44 Ez NCb Ii 4Z L R I 1) DRAFT Proposed Judicial Water Regions ( , 7) J, L’fibS’R CD Region Boundaries - NV Counhes — Basemap: Sept. 2021 State Engineer Basin Desnation Map Ep1anIion UEIGNATEO BASINS Rcoional Iloundai v Desgoaled — dm,:uscIIr Boiinj,rs Irirgolion Denred — — - Iriftcrcti SounJar linc Pieforen Use Preered Use Irrigatron Denred Too rhip Ronoo Lio 0 50 100 ml Drawn By: Jay Dixon, RE. In Consultation With: Oz Wichrnan September 23, 2021