November 16, 2021

Commissioner Blundo

wished everyone a happy Veterans’ Day and thanked everyone for their service. He expressed his concerns about having only two highway patrol troopers for the whole southern area. He asked Tim Sutton to have a letter drafted to bring that to the attention of highway patrol and the Governor. Commissioner Blundo then advised the Pahrump Holiday Task Force community Thanksgiving dinner would be Thursday, November 25, 2021, from 11:00 a.m. to 2:00 p.m. at Nye Communities Coalition.

Commissioner Jabbour

mentioned the send off last week in Tonopah for the varsity volleyball girls team as well the Pahrump varsity soccer team taking State.

Commissioner Carbone

said on Saturday, November 20, 2021, there would be a food drive at Albertson’s from 10:00 am. to 4:00 p.m. He then thanked the VFW and DAV for putting on great ceremonies for the veterans. November 16, 2021 3. Commissioners’IManager’s Comments (This item limited to announcements or topiclissues proposed for future workshops/agendas)-Cont’d.

Commissioner Strickland

said Thanksgiving was here and there were so many things to be thankful for.

Mr. Goldstein

then advised there were four highway patrol deputies in town and three were in front of O’Reilly’s Saturday night.

Commissioner Blundo

clarified there were only two on duty at a time. Harry Baut asked to be on the December 7, 2021, meeting to explore opportunities for the County’s health benefit plan.

Commissioner Strickland

advised she would not be able to get that done that fast, but she would talk with staff and reach out to Mr. Baut with a date. November 16, 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. Garrett Domina said the local 4-H would hold a food drive for the local VFW. Bins were placed at Tractor Supply, the Little Free Library, the 4-H building, and in the chambers’ lobby. Anyone with questions could call the 4-H office at (775) 727-5532. Katherine Girard said she was representing Together With Veterans, which was a group funded through the VA to help prevent rural veteran suicides. She invited the Commissioners to a strengths, weaknesses, opportunities and threat meeting that would be held at the Nye Communities Coalition on December 14, 2021, at 10:00 am.

Ms. Girard

said 22 veterans a day commit suicide and almost 22% of those were rural veterans. Diane Southworth said the Great American Smoke Out would be on November 18, 2021. Sam Jones commended the Commissioners for dissolving the water board and felt Planning and Zoning should be dissolved as well. He asked again for a forensic audit to be put on the agenda. Erika Gerling said she was available in Beatty. Today was National Tolerance Day and she felt everybody should try to look at things from another person’s point of view today. Herman Lewis thanked the Commissioners for last Tuesday’s meeting. He also thanked Helene Williams and her husband as they did something that was undoable for at least six years. He asked everyone to keep the Sheriff in their prayers. Dee Mounts from Battleborn Patriots said they were asking for a timeline for the solar farms. They wondered if the Commissioners could put together on or before the November 30, 2021, meeting how many meetings there would be, what the BLM was doing, etc., and the end result, which would be the Commissioners’ decision. Gilbert Shepherd said he had been subject to the International Building Code rules at the airport that no one else out there had been subject to. He was trying to build a hangar and it was being classified as a commercial building. Mr. Shepherd asked for help to be treated like everybody else.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS

Ms. Black

displayed a photograph of the proposed sign. She said she talked to the power company about moving the power lines underground, but it would cost $700,000.00 to do that. The sign would be 10 feet from the property line and 20 feet from the power lines.

Ms. Aragon

felt the sign would illuminate the area. At 10 feet there was no way it would be seen. A taller sign would allow people to see it sooner. The sign was designed to match the community and there were no houses in the area.

Commissioner Carbone

was concerned with putting a big sign up that most people were not going to see and if they were not familiar with the area they would not turn off to get gas.

Ms. Black

said if someone was turning down Manse to Highway 160 they would see it. She was trying to give a visual to people that something was there that was available to November 16, 2021 8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation — — on AP-21-4: An Appeal of the Pahrump Regional Planning Commission’s denial of the following application: WV-2021 -0001 37-Cont’d. them. She stated in the planning commission meeting it would take more than Mountain Falls to support the gas station.

Ms. Beeman

explained the sign provision stated if the property was across the street from a planned residential community it was 10 feet. This request was for 28 feet.

Commissioner Strickland

asked what the sign heights were at their other three locations.

Ms. Black

said the one at Irene and Leslie was only 10 feet. The one at Blagg and Basin, and the Circle K across the street from a master planned community, was at least as tall as the one they were asking for now. The one on Kellogg and Quarterhorse was at least 25 or 30 feet.

Commissioner Strickland

said the constituents in the area had not said anything.

Commissioner Blundo

saw a letter from the Mountain Falls Design Review Committee stating they approved the Coyote Corner design at 28 feet. He asked the applicants if the Board were to affirm and continue with the denial if that would negatively impact them. Both Ms. Black and Ms. Aragon responded absolutely

Commissioner Blundo

asked if the applicants knew the size of any of the other gas station signs in town.

Ms. Aragon

said the most comparable one would be the one at the Circle K. The community across the street from where they were building now had been planned for years.

Commissioner Jabbour

asked if Planning was in place when they put Kellogg together.

Ms. Black

clarified they did not build it. They bought it out of foreclosure and the sign was already there.

Commissioner Jabbour

asked Ms. Beeman when the station was built on Kellogg why they were allowed to have a 25-30 foot sign in a residential section.

Ms. Beeman

said she did not have the details. It went through site development and met the commercial development standards at that time November 16, 2021 8. 10:00 am. For Possible Action Public Hearing, discussion and deliberation on AP-21-4: An Appeal of the Pahrump Regional Planning Commission’s denial of the following application: WV-2021 -0001 37-Cont’d.

Commissioner Strickland

asked why the Circle K was given a waiver from the RPC for the construction of that sign.

Ms. Beeman

said she was not aware of any waiver for sign height restrictions and would have to go through the Planning files to determine that.

Commissioner Cox

thought the ordinance needed to be looked at because a 10-foot sign in any area was pretty worthless. If all requirements were met for darks skies it was fine with her. She felt the design was architecturally compatible with Mountain Falls, and for safety purposes she thought the citizens would be somewhat willing to take the good with the bad for the extra security. Commissioner Cox supported it.

Commissioner Strickland

opened the public hearing. Maria Zlotek said just to clarify and keep the record concise since this was an appeal hearing, the hearing was opened and it was her recommendation that the back-up be accepted as part of the appeal record.

Commissioner Blundo

made a motion to accept the back-up as the appeal record; seconded by Commissioner Carbone.

Ms. Zlotek

stated procedurally the record was being made of this appeal. The back-up was accepted as part of the record. It was on the appellant to clearly state what errors or evidence below was incorrect for the decision of the RPC. The Board of County Commissioners then had the opportunity to have that argument rebutted through testimony of Planning followed by public comment regarding the appeal. The Board then either affirmed the denial, modified the denial, or reversed that decision with clear findings of facts and conclusions to preserve the record of appeal.

Ms. Lee

went through the engineering department and no one had sent out a quote to

Ms. Black

on what the underground line extension would be, so Ms. Lee was not sure where Ms. Black received that quote from. Ms. Lee said she would like to talk to Ms. Black about that for clarification as that quote was excessively high. Sam Jones asked the Board to give Ms. Black the signage. Russ Meads advised he developed Cottage Grove Estates and Circle K was right across the street. The difference whether they had a say so in that sign or not was because Cottage Grove Estates was not a master planned community. It was just a residential subdivision. Mountain Falls was a master planned community and had to submit a signage plan to Planning. Directly across the street from this location was also a master planned community. The final map was approved, but not recorded. Mr. Meads thought the fact that Mountain Falls weighed in as the master planned developer across the street said an awful lot.

Commissioner Strickland

closed the public hearing.

Ms. Black

said Taney Engineering was given the $700,000.00 quote she referenced.

Commissioner Blundo

made a motion to reverse the RPC’s denial of V’N-2021-000137 based on the given testimony and facts presented here today; seconded by

Commissioner Carbone

asked for an amendment to the motion to state the sign did not affect the surrounding areas, there was no input against the signage from the surrounding area, and the applicants affirmed they were not looking for the support of the traffic from Highway 160.

Commissioner Blundo

amended his motion to reverse the RPC’s denial of WV-2021- 000137 based on the given testimony and facts presented today, the sign did not affect the surrounding areas, there was no input against the signage from the surrounding area, and the applicants affirmed they were not looking for the support of the traffic from Highway 160; Commissioner Carbone amended his second. For the record, Commissioner Blundo said he believed, as stated in paragraph I on page 3 of the back-up, that there were special circumstances or conditions applying to November 16, 2021 8. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation on AP-21-4: An Appeal of the Pahrump Regional Planning Commission’s denial of the following application: WV-2021-000137-Cont’d. the subject property under consideration which made compliance with this chapter difficult and a cause of hardship to, and abridgement of, a property right of the owner of said property which gave justification for the reversal.

Mr. Falk

discussed the Theim’s Buckwheat possibly being listed as endangered under the Species Act by the Fish and Wildlife Service. While they did not oppose the listing of the plant, they wanted to make sure the right science was reflected as the decision and the rules that go forward to govern the endangered species proceeded. He then advised loneer had both permits from the Nevada Department of Environmental Protection. They were trying to get the notice of intent registered, which they expected to come out by the end of the year. That would kick off the 12-month NEPA process and hopefully at that point they would receive a record of decision and begin construction of the mine toward the end of next year. COUNTY MANAGER

Commissioner Blundo

made a motion to accept the Mitchell redistricting proposal.

Commissioner Carbone

asked for Commissioner Blundo’s reasoning in picking that one. November 16, 2021 31. For Possible Action Discussion and deliberation on selecting a redistricting proposal submitted by the Nye County Redistricting Advisory Committee-Cont’d.

Commissioner Blundo

explained he chose that one since the lines were a little cleaner and he anticipated more from District I so it would not have to be moved around next time.

Commissioner Jabbour

made a motion to accept the McRae redistricting proposal; seconded by Commissioner Carbone. Joe Burdzinski recognized the members of the committee and the County staff. He said the proposals were very similar and the decisions made on how the districts were formed were based strictly on data from the last census and nothing else. Kameron Mitchell explained with his option the County Clerk’s Office would have a much easier time in moving the precincts and doing the districts as all but one of the precincts would be exactly the same. Precinct 19 was split and a new one was added. He also made the precincts 3,500 or less, which would make it easier for the Clerk’s Office as well.

Commissioner Strickland

asked if Precinct 24 was in District I as her back-up showed it was in District Ill and on-line it was in District V.

Mr. McRae

explained to gain as close to equal districts by population he made the descriptions by the roadways. Steve Reiser from the IT Department displayed the map which was on-line, which showed Precinct 24 was in District V, which Commissioner Strickland confirmed was correct and the back-up was incorrect. Tim Bohannon commended the redistricting committee for their work. He asked about the School District breakdown and how that factored in to the equation. He also asked if building projects about to take place and the prisoners who could vote were taken into consideration.

Mr. McRae

explained the School District was not considered as it was not part of the task. He had been engaged to do that for them. The detention center was counted in the census so they were counted whether they voted or not, but the issue there was the voter data was not considered at all in this process. Lastly, Mr. McRae said there was a discussion at the redistricting committee right up front concerning the issue of the area of growth and whether it could deviate from the County norm of 10% or a strict adherence to as close as practical. It was determined they could not necessarily take that into the big picture consideration so it was not done that way and two proposals were developed. November 16, 2021 31. For Possible Action Discussion and deliberation on selecting a redistricting proposal submitted by the Nyc County Redistricting Advisory Committee-Cont’d.

Commissioner Strickland

opened the public hearing. Keith Davis said he owned a house a few hundred feet away from the applicant’s use permit and he had several concerns such as plastics left to decompose on the property; heavy metals left all over the property; 55-gallon plastic containers all over the property open, closed, tipped over, and some with lids; and metal containers. He also felt they needed to prove they had a proper certified air ventilation system. Mr. Davis then advised the applicant may be using a residential property owned by them adjacent to this property, 9630 Oakridge, which was a single-family residence next door to store the contaminants, and the applicant did not declare that to the Board. Mr. Davis had other concerns including waste disposal and potential contamination of his well, the updated traffic flow plan, and noise. Paul Ostringer said this facility was directly across the street from his house. Everything

Mr. Davis

said he could attest to. The pollen drifted across the fields to the point where the cattle could not be seen. Mr. Ostringer had picked up beer bottles and trash, and there were plastic grow houses that could not contain the smell. At night the lights were turned on and music blasted almost 24 hours a day. Katherine Girard stated by the time she drove to Calvada and Platense it smelled like skunks and it was from the place on Calvada that refused to change its scrubbers. She asked the Board to do something about that. Diane Musial said she lived kitty cornered to the property on Oakridge and Fuchsia and asked the Board consider the concerns mentioned by Mr. Davis. November 16, 2021 9. 10:00 a.m. For Possible Action — — Public Hearing, discussion and deliberation on ETSU-21-83-Cont’d. Joe Burdzinski said the voters approved marijuana use in Nevada and he thought there was enough of it. If there were going to be dispensaries and grows, they should be put out of town and away from residential areas. Erika Gerling asked if this applicant was in the process before the Code amendment requiring them to appear before the town boards.

Commissioner Carbone

advised this item was in Pahrump. Jesse Peters stated he was the new owner and this was not the first time he had grown cannabis. He assured everyone he had nothing to do with the former owners. He heard about the horrors of that facility and saw the shambles they left it in. He was here to clean it up, be a good neighbor, provide jobs, and shed good light on the industry in that area. Sarah Chapman from NCCA stated the last Code change about going before the respective town boards only affected Beatty, Tonopah and Amargosa.

Commissioner Strickland

closed the public hearing.

Commissioner Strickland

said she had received many complaints and did not want to go here with this operation because it was plastic and did not keep the smell away, it was noisy, and everything they did not want in a residential community.

Mr. Peters

said he would install two redundant systems for the smell, although he was only required to install one. He believed he could not have a successful business without being a good neighbor and having the support of the community.

Commissioner Blundo

said he wanted to give the applicant a chance to succeed and suggested Mr. Peters give the residents his phone number so they could reach out to him directly with issues.

Commissioner Strickland

noted this was spot zoned as business overlay and asked if there were any in the direct area around the property.

Ms. Beeman

said no. It was an isolated parcel of business opportunity overlay specifically.

Commissioner Cox

said she liked to encourage free enterprise and business, but she did not like to impose on neighbors. She was concerned there were previous workers that had no respect for the neighbors or the neighborhood. She asked if those same workers would work for Mr. Peters or if he would have a new crew with a new attitude. November 16, 2021 9. 10:00 am. For Possible Action — — Public Hearing, discussion and deliberation on ETSU-21-83-Cont’d.

Mr. Peters

said it would be a new crew, likely those who worked there before. As a retired Marine Corps gunnery sergeant people would not work for him if they did not follow his rules and respect the neighbors and the community. He also mentioned he had a plan to build an indoor facility and decommission the greenhouse.

Commissioner Carbone

said there was a question about using Silver get to the facility and that would be part of the conditions.

Mr. Peters

agreed. He said if he could not get employees who understood how to get to work then he did not want them working in his facility.

Commissioner Blundo

made a motion to approve the application for the SUP to allow a marijuana cultivation facility at 9680 S. Oakridge, parcel number 044-851-30, with an added condition that the employees take Silver and not Bond as a way to get to the workplace on Oakridge; seconded by Commissioner Jabbour.

Commissioner Carbone

asked for an amendment to the motion to include the standard conditions of approval as well as the special conditions of approval.

Commissioner Blundo

amended his motion to approve the application for the SUP to allow a marijuana cultivation facility at 9680 S. Oakridge, parcel number 044-51-30, with an added condition that the employees take Silver and Bonn as a way to get to the workplace on Oakridge, and with the conditions of approval and special conditions of approval; Commissioner Jabbour amended his second; 4 yeas. Commissioner Strickland voted nay. 10. 10:00 a.m. — For Possible Action: lOa. For Possible Action Public Hearing discussion, and deliberation on ZCMP 21-30: An application for a Minor Master Plan Amendment to change approximately four (4) adjacent parcels totaling 83.15 acres from the Community Development Area (CDA) to Business Industrial Area (BIA) on property located at 6621, 6691, 6811, 6931 E. Chromium Blvd., Pahrump, NV. Assessor’s Parcel Numbers 047-021-23, 24, 25 and 26. Wulfco, LLC. Property Owner. Double M Construction Applicant.

Commissioner Strickland

opened and closed the public hearing. Cheryl Beeman explained this was coupled with a conditional use permit that was final action at the RPC for the recommendations of approval for the two items.

Commissioner Blundo

made a motion to approve the application for the Minor Master Plan Amendment to change approximately four adjacent parcels totaling 83.15 acres November 16, 2021 lOa. For Possible Action — Public Hearing discussion, and deliberation on ZCMP 21 -30-Cont’d. from Community Development Area (CDA) to Business Industrial Area (BIA) on the property located at 6621, 6691 6811, and 6931 E. Chromium Boulevard; seconded by

Commissioner Carbone

; 5 yeas. lOb. For Possible Action Public Hearing, discussion, and deliberation on ZCMP 21-31: An application for a (Nonconforming) Zone Change to change four (4) adiacent parcels totaling approximately 83.15-acres from General Commercial (GC) to Heavy Industrial (HI) on property located at6621, 6691, 6811, 6931 E. Chromium Blvd., Pahrump, NV. Assessor’s Parcel Numbers 047-021-23, 24, 25 and 26. Wulfco, LLC. Property Owner. Double M Construction Applicant.

Commissioner Strickland

opened and closed the public hearing.

Commissioner Blundo

made a motion to approve a nonconforming zone change to change four adjacent parcels totaling approximately 83.15 acres from General Commercial (GC) to Heavy Industrial (HI) on property located at 6621, 6691, 6811, 6931 E. Chromium Boulevard; seconded by Commissioner Carbone; 5 yeas. 11. 10:00 a.m. For Possible Action 4th Community Development Block Grant — — (CDBG) Public Meeting: 1) Discuss eligible projects based on CDBG decisions; and 2) Prioritize the following application for submittal: Sponsored Proiects: 1. Rural Critical Home Repair Program — Proiect Cost $90,000.00. Savannah Rucker said multiple projects came forward. The Board ranked them and they were submitted, and this was the only project CDBG approved the eligibility for.

Commissioner Carbone

made a motion to accept the recommendations from the CDBG grant folks for the Rural Critical Home Repair Program for a project cost of $90,000.00; seconded by Commissioner Jabbour; 5 yeas. The Board was in recess until 2:00 p.m. November 16, 2021 CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 13. For Possible Action Approval of the Elected Official Collection Report regarding fees collected from elected county departments for services rendered by or provided to county citizens.

Commissioner Blundo

made a motion to approve items 13-19; seconded by

Commissioner Carbone

; 5 yeas. 14. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in February for Tuesday, February 15, 2022 in Pahrump, NV.

Commissioner Blundo

made a motion to approve items 13-19; seconded by

Commissioner Carbone

; 5 yeas. 15. For Possible Action Approval to: 1) Accept the Updated FY 2020 Emergency Solutions Grant Notice of Sub-Recipient Award (ESG) Homeless Prevention in the amount of $20,704.10, to include the addition of the Federal Award date and language regarding 2 CFR Section 576.407(c) and 2 CFR Section 200.331(a); to offer short to medium-term assistance, rental application fees. arrearages, security depositslutilitv assistance to very low to low-income residents at-risk of being homeless, along with Requirements and Attachments with no County match required; 2) Execute the Award; and 3) Fund from 10340 Grants.

Commissioner Blundo

made a motion to approve items 13-19; seconded by

Commissioner Carbone

; 5 yeas. 16. For Possible Action Approval to: 1) Accept the FFY 2021 Notice of SubAward (NOSA) AMENDMENT I from Aging and Disability Services Division (ADSD) extending the subaward period from October 1, 2020 to March 31, 2022, for Nutrition Services Incentive Program (NSIP) funds to assist with providing congregate meals at the Tonopah Senior Center; and 2) Execute the Subaward.

Commissioner Blundo

made a motion to approve items 13-19; seconded by

Commissioner Carbone

; 5 yeas. November 16, 2021 17. For Possible Action Approval to: 1) Accept the FFY 2021 Notice of SubAward (NOSA) AMENDMENT 2 from Aging and Disability Services Division (ADSD) extending the subaward period from October 1, 2021 to March 31, 2022, to assist with providing congregate meals at the Tonopah Senior Center; and 2) Execute the SubAward.

Commissioner Blundo

made a motion to approve items 13-19; seconded by

Commissioner Carbone

; 5 yeas. 18. For Possible Action Approval to: 1) Accept FFY 2022 Notice of Sub-Award (NOSA) from the Nevada Aging and Disability Services Division (ADSD) in the amount of $48,960.00 with a match amount of $7,344.00 to provide congregate meals to seniors at the Tonopah Senior Center; 2) Execute the Sub-Award; and 3) Fund $48,960.00 from 10281 Senior Nutrition and $7344.00 from 10101 General Fund.

Commissioner Blundo

made a motion to approve items 13-19; seconded by

Commissioner Carbone

; 5 yeas. 19. For Possible Action Approval to: 1) Accept FFY 2022 Notice of Sub-Award (NOSA) from the Nevada Aging and Disability Services Division (ADSD) in the amount of $40,150.82 with a match amount of $6,023.00 to provide home- delivered meals to seniors in Beatty and Tonopah; 2) Execute the Sub-Award; and ) Fund $40,150.82 from 10281 Senior Nutrition and $6,023.00 from 10101 General Fund.

Commissioner Blundo

made a motion to approve items 13-19; seconded by

Commissioner Carbone

; 5 yeas. BOARD OF COMMISSIONERS 20. For Possible Action Closure of 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. 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. 22. 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. November 16, 2021 23. 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. 24. 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. 25. 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. SHERIFF 30. For Possible Action Discussion and deliberation to: 1) Ratify the Undersheriff, Michael Eisenloffel’s acceptance of the Memorandum of Agreement with Nye Communities Coalition for the purpose of performing Complete Compliance checks for Alcohol Retail Stores throughout Nye County in the amount of $2,000.00; and 2) Deposit funds to 10340 Grants Fund.

Commissioner Blundo

disclosed he held a privilege liquor license in the County. Since this would be a compliance check, even on himself, he did not see any pecuniary interest and would participate in the item.

Commissioner Carbone

made a motion to accept the ratification of Undersheriff Michael Elsenloffel’s acceptance of the Memorandum of Agreement with Nye Communities Coalition for the purpose of performing compliance checks for alcohol retail stores throughout Nye County in the amount of $2,000.00 and deposit funds into 10340, Grants Fund; seconded by Commissioner Jabbour.

Commissioner Cox

asked why the Sheriff’s Auxiliary was not doing this. Captain David Boruchowitz explained the Coalition funded it and the Sheriff’s Explorers did the compliance checks along with the Detectives Division. He then explained they sent underage individuals in to buy alcohol and if they were sold it then there was a licensing issue and if they were not then there was no issue.

Commissioner Cox

stated she challenged this before and never got an answer from the District Attorney. It was basically illegal for the Sheriff’s Office to do this unless it had changed. November 16, 2021 30. For Possible Action Discussion and deliberation to: 1) Ratify the Undersheriff, Michael Eisenloffel’s acceptance of the Memorandum of Agreement with Nye Communities Coalition for the purpose of performing Complete Compliance checks for Alcohol Retail Stores throughout Nye County in the amount of $2,000.00; and 2) Deposit funds to 10340 Grants Fund-Cont’d. Maria Ziotek asked for time to follow up on that because Commissioner Cox had made statements before about not receiving an answer but one had been sent to both of her e-mails.

Commissioner Cox

felt it was entrapment.

Commissioner Blundo

asked when a business passed if they were notified of that. Captain Boruchowitz was not 100% sure, but he believed the answer was no. The contact was limited to when it was not a pass, but he could see the value of doing that if it was not being done now.

Commissioner Blundo

felt it would be a positive reinforcement.

Commissioner Cox

referred to an article in the Las Vegas Review Journal in 2000 about a ruling which threw out five convictions. The high court action clarified the law on sale of alcohol to minors. The law did not require clerks to check the identification of young people to whom they sold alcoholic beverages. The Supreme Court pointed out Nevada law did not require asking for identification before selling alcohol and the convictions had to be reversed.

Commissioner Blundo

suggested continuing this item so Commissioner Cox could get an answer from the District Attorney’s Office. Captain Boruchowitz believed since that case the legislation had been modified. He also advised part of the case were the individuals coming in appeared to be 21 years old. The Sheriff’s Office used teenagers that were clearly under the age of 21 or appeared to be under the age of 21.

Commissioner Carbone

withdrew his motion; Commissioner Jabbour withdrew his second. Sam Jones said this was definitely entrapment. Any peace officer knew a child should not be sent in to try to get someone to do something. Anyone in the Sheriff’s Office who did that should be fired for entrapment. This item died for lack of a motion. November 16, 2021 FINANCE

Commissioner Blundo

asked where the jail fund was at regarding capacity and meeting expectations.

Mrs. Rucker

said revenues had not fallen short yet, but that could change any day depending on what happened with the ICE contract and the administration. At this point everything was okay.

Commissioner Blundo

asked for an in-depth analysis of 10236, the jail fund, to evaluate how much was coming in and what the future held. He would like to know the numbers at the private prison just for comparison. He also clarified capacity was what was expected versus actual and he wanted Mrs. Rucker’s opinion in the current political climate.

Commissioner Blundo

made a motion to adopt Nye County Resolution No. 2021-42; seconded by Commissioner Carbone.

Commissioner Strickland

was not present.

Commissioner Carbone

assumed the Chair of the Board of County Commissioners.

Commissioner Blundo

made a motion to adopt the budget transfer of appropriations between functions within the Public Improvement Fund 10253; seconded by

Commissioner Jabbour

. Savannah Rucker explained this item tied back to the last item. In the past the Road Department expensed public improvement projects out of the Road Fund, not out of the Public Improvement Fund. This transfer of budget between functions and the augment approved in the last item married together to rectify the problem in FY22. Tim Bohannon asked if this process would occur frequently and if there was a way to get it fixed.

Commissioner Carbone

said Mrs. Rucker fixed it.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. PUBLIC WORKS

Commissioner Blundo

made a motion to approve Task 11 between Atkins North America and Nye County to provide review and evaluation of the existing Disadvantaged Business Enterprise Program; seconded by Commissioner Jabbour. Savannah Rucker advised this did not technically qualify for capital so the funding source needed to be the Airport Fund 10209.

Commissioner Blundo

amended his motion to approve Task 11 between Atkins North America and Nye County to provide review and evaluation of the existing Disadvantaged Business Enterprise Program with $1,125.00 coming from fund 10290;

Commissioner Jabbour

amended his second; 5 yeas. November 16, 2021

Commissioner Carbone

made a motion to approve the updated combined water conservation plan for the Amargosa municipal water system; seconded by

Commissioner Blundo

was not present.

Commissioner Carbone

made a motion to approve the updated water conservation plan for the Nye County Complex (Petrack Park) water system; seconded by Commissioner Jabbour.

Commissioner Jabbour

made a motion to approve the updated water conservation plan for the Manhattan town water system; seconded by Commissioner Carbone; 5 yeas. BOARD OF COMMISSIONERS 29. For Possible Action Presentation, discussion, deliberation and direction to staff regarding the Nye County Water District Governing Board.

Commissioner Strickland

stated in the back-up was relevant information regarding the Nye County Water District Governing Board (NCWD). The Board of County Commissioners just approved items 36-38, which were separate water conservation plans that could be built into one water conservation plan if the NCWD saw fit. The back-up also showed the water systems in place in the County and the water rights the County owned. As to the act, Commissioner Strickland noted on page 10 it stated the NCWD was to have water rights and water systems within its district and that had not been happening for Nye County. That was where her concern was. By not having November 16, 2021 29. For Possible Action Presentation, discussion, deliberation and direction to staff regarding the Nye County Water District Governing Board-Cont’d. water systems and water rights within the NCWD they had lost multiple opportunities to reach out for bonds and grants to take care of the water systems. Work was needed in Gabbs and Manhattan, but the resources were limited because the NCWD should have been doing that. Commissioner Strickland believed the NCWD needed to exist, but everyone on it should be elects, town board elects or Board of County Commissioners elects, because in the past there had been no accountability to the people. She thought there would be argument that if the Commissioners were on the NCWD they could not overturn actions by the NCWD. Commissioner Strickland advised she reached out to other Commissioners in the State and found that it was happening in other places where Commissioners were on the water board.

Commissioner Cox

said that was part of what SB21 was about, putting it under the elected officials who were accountable to the people.

Commissioner Carbone

said the Board needed to know since this was a water district and not a water authority if Commissioner Strickland’s suggestion could be done.

Commissioner Blundo

said the Board removed everyone and he thought the Commissioners would have put themselves in those positions and taken on the duties of the NCWD. However, the Commissioners did not fit all qualifications to sit on the NCWD. It was a great idea trying to have elects on there, but the NCWD appealed to the Board of County Commissioners. If a Commissioner was sitting on the NCWD they would be automatically removed from the appeal here as they voted on the item.

Commissioner Cox

said the original idea was to appoint an advisory board to the Commission

Commissioner Strickland

disclosed she was a licensed well drilling contractor as well as a licensed real estate agent who brokered in water rights.

Commissioner Carbone

reminded the Board there was an act they could not change without going through the proper process.

Commissioner Strickland

said she just wanted to know if her idea was viable.

Commissioner Blundo

noted the NCWD had its own taxing authority and the amount of money coming in was not enough to justify any of them.

Commissioner Cox

said everything should be left well enough alone since it was working and have any future projects go through the NCWD.

Commissioner Carbone

felt the act needed to be changed as it was not the original intent since it was supposed to be a water authority. November 16, 2021 29. For Possible Action Presentation, discussion, deliberation and direction to staff regarding the Nye County Water District Governing Board-Cont’d.

Commissioner Jabbour

said he would like to hear from the superintendent since he was the expert in working with the different water districts. He agreed the act needed to be changed, which would be labor intensive, but a sitting board needed to be recreated first to not be in violation of the act, after which rewriting the act could be done. Superintendent Darin Tuck said at this point he did not know what to say as far as what the Board would want to do. There were utilities throughout the County along with water rights. Wherever those moved he would be there to take care of them. As far as operations, if the funding was there nothing would change for him and he felt Public Works would carry on just the same.

Commissioner Carbone

thought in order to do what Commissioner Strickland wanted the Board would have to contract with Mr. Tuck to do that work per the act.

Commissioner Cox

suggested an advisory board with experts on it to advise the Board of County Commissioners and the Board of County Commissioners would make the final decisions.

Commissioner Carbone

said that was not allowed under the act as it existed today.

Commissioner Blundo

asked if Commissioner Strickland had people she wanted on the NCWD and water rights transferred to facilitate the duties in the act.

Commissioner Strickland

said she would like to see the water rights for Nye County exist within the water district. As to the other question, she would suggest giving direction to staff to advertise for the positions for the NCWD in the future. Gregg Dann said right now the County was compelled by the act to have seven sitting members so the County was in violation of the act. If he was a Commissioner, he would carefully vet with extreme discernment the people they wanted in. The problem with the NCWD was proper discernment was not given to the people appointed. Mr. Dann also felt the act needed to be changed to be more fitting to the community. John Bosta said the water board was never a water authority like the Southern Nevada Water Authority over all water. The water board was the same as the Las Vegas and Lincoln County water districts, which were utility companies that provided water to the people. When it went to the Legislature water authority was changed to water district. In Las Vegas and Lincoln County those boards were elected, had total authority, were not dependent on the County Commission, and provided water service. As to funding for the water district, a fee was charged for a service. The NCWD had no water and no service, but they collected a $5.00 fee on every parcel and did not provide one drop of water to any parcel in the County. Mr. Bosta stated that was an illegal fee and it should be an ad valorem tax as stated in the act. November 16, 2021 29. For Possible Action Presentation, discussion, deliberation and direction to staff regarding the Nye County Water District Governing Board-Cont’d. Herman Lewis complimented the Board on what they did. The prior NCWD went the wrong direction against the best interests of the people and there were conflicts of interest. If seven people were needed, he suggested Kenny Bent, Gregg Dann and Helene Williams as they knew the most in the community about water. Mr. Lewis recommended bringing them back and letting them get to work until other appointments were determined. Sam Jones agreed with Mr. Lewis as to Mr. Dann and Mr. Bent. He remembered when the NCWD was formed and the first question was how they could get money in their pockets. To him common sense was the Commissioners ran the County, so he wondered why the Commissioners could not temporarily appoint an advisory board to work under the Commission. As to relinquishing the County’s water rights to the NCWD, Dave Caudle said by doing that the NCWD would have total authority over those rights and the Board of County Commissioners had no say. The NCWD could sell them to the local utility and the County would have to buy them from the utility. As to buying water rights, Mr. Caudle pointed out the only water rights for sale right now were junior water rights. If those were bought and the State Engineer decided he would shut Pahrump down with no more domestic wells, junior water rights would be null and void. Then the only people with water rights would be those with senior water rights. Regarding the pipeline to Las Vegas, Mr. Caudle said he knew for a fact a friend worked on a pipeline coming out of Las Vegas and it ended on the other side of the mountain. The friend was laid off and it was not completed, but Mr. Caudle would ask him where it was terminated. Tim Bohannon said a few basic fundamentals needed to be solved, such as not having a sitting water board right now. His concern was paragraph 8.f. of the act and what was being done for funding, grants, etc. He asked if there was an operating plan for the NCWD as well as a mission and if the NCWD followed that mission. Mr. Bohannon agreed the act needed to be changed.

Commissioner Blundo

asked Commissioner Strickland if she had specific direction she wanted to take to move forward today.

Commissioner Strickland

said she would like to direct staff to put out the application process for interested members of elected officials from town boards, etc., to set the first board, and she liked Commissioner Cox’s idea that after that board was seated an advisory board should be formed.

Commissioner Blundo

asked if she was open to the NCWD having members of the public. November 16, 2021 29. For Possible Action Presentation, discussion, deliberation and direction to staff regarding the Nye County Water District Governing Board-Cont’d.

Commissioner Strickland

explained she was just requesting that for the start-up because of the accountability.

Commissioner Carbone

still thought input from the District Attorney was needed. He felt people needed to be appointed to the NCWD to run it until the changes could be made to the act.

Commissioner Blundo

did not think it could be advertised for elects only and had to be for the general public.

Commissioner Cox

mentioned there were certain qualifications as well.

Commissioner Strickland

asked who advertised for the positions. Sam Merlino advised her office did not handle the water district. Samantha Tackett said it was Christel Behrends.

Commissioner Blundo

asked that the Clerk do the advertising with input from Ms. Beh rends.

Mrs. Merlino

said absolutely and asked for direction on exactly what the Commissioners wanted advertised.

Commissioner Carbone

said there were existing job descriptions, which he wanted to look at again to see if they could be made more conducive to what the Commissioners wanted.

Commissioner Blundo

asked if a motion was needed or if everyone was clear. Tim Sutton said the direction he understood was staff was to move forward with re seating this board. The Commissioners had stated their preferences, which may or may not be binding on this board. Staff would re-advertise to fill the vacant board and the applications would be put before the Commissioners at a future meeting.

Commissioner Strickland

pointed out Commissioner Carbone also wanted to look at the application itself.

Mr. Sutton

said he heard discussion about a job description. He was not sure there was one. There was probably an application, which he would confirm with Mr. Behrends.

Commissioner Blundo

asked to have that information sent to all Commissioners. November 16, 2021 SHERIFF 30. For Possible Action Discussion and deliberation to: 1) Ratify the Undersheriff, Michael Eisenloffel’s acceptance of the Memorandum of Agreement with Nye Communities Coalition for the purpose of performing Complete Compliance checks for Alcohol Retail Stores throughout Nye County in the amount of $2,000.00; and 2) Deposit funds to 10340 Grants Fund-Reopened.

Commissioner Strickland

advised the District Attorney’s Office had provided information.

Commissioner Blundo

disclosed he held a Nye County privilege license, but he did not see any pecuniary interest in this item and felt his expertise would be a benefit. Maria Zfotek said on July 2, 2019, Commissioner Cox talked about the case she mentioned earlier and directed the District Attorney to look into if it was legal for juveniles to go in and purchase under this program. Commissioner Koenig stated he wanted to hear from the District Attorney before the next meeting. On July 10, 2019, a complete research analysis was done by Deputy District Attorney Kindel regarding this issue. Within eight days an e-mail answering the question with all back-up, cases, the program, the documents, and the slide show presentation from the Attorney General’s Office was sent to Tim Sutton and all Commissioners. The e-mail used for

Commissioner Cox

was coxdonnaccox.com, which Commissioner Cox confirmed was the correct address. Ms. Ziotek said she would send the information again to all Commissioners and the practice was constitutional.

Commissioner Carbone

made a motion to ratify Undersheriff Michael Eisenloffel’s acceptance of the memorandum of agreement with Nye Communities Coalition for the purpose of performing complete compliance checks for alcohol retail stores throughout Nye County in the amount of $2,000.00 to be deposited into 10340, Grants Fund; seconded by Commissioner Jabbour.

Commissioner Blundo

repeated his comments earlier about positivity. He said he would like this item in the future to come before it was signed, not to be ratified.

Commissioner Blundo

said he wanted the Board to approve it first. November 16, 2021 BOARD OF COMMISSIONERS 26. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2021-39: A Resolution to Call on the State Legislature to Immediately End the State of Emergency Called by the Governor for the COVID-19 Pandemic.

Commissioner Blundo

made a motion to adopt Nye County Resolution No. 202 1-39; seconded by Commissioner Carbone.

Commissioner Blundo

thought it was clear it was 600 days past the emergency. He was still looking today for where the state of emergency was. It appeared to him to be a continuous power grab by the Governor.

Commissioner Cox

believed the original time was 60 days for an emergency order and then it was supposed to go in front of the Legislature for an extension, but it never got there. It kept being extended by adding more emergency mandates and she did not know if that was even legal. Gregg Dann agreed with the comments made by Commissioners Cox and Blundo. He felt the whole COVID thing had been insanity and restrained the ability of young families to make money, work, pay rent, or buy food and Christmas presents, which was against Americanism. Pat Minshall stated 1,000 people were dying a day, which was up from a few weeks ago. Public Information Officer Arnold Knightly’s e-mail showed 22 people in Amargosa tested positive for COVID. She did not know of any week it had been that high. Cases were going up and 92% to 98% of the people in the hospital were unvaccinated. Ms. Minshall said those were accurate numbers. Nichole Walters said big pharma did not make money on healthy people. They made money on people who were sick and needed medication. The mandates were unconstitutional and needed to be stopped. Katherine Girard said on Veterans’ Day she was at the dedication of the Veteran Memorial at the Grant Sawyer Building where there were maybe six masks overall. She did not wear a mask and neither did the Governor. Ms. Girard then talked about how Android phones had a weather bug and right underneath that was COVID information for the State. As of November 15, 2021, there were 1,585 new cases in Nevada with 36 deaths. Ms. Girard said she had an immune system and was not afraid to use it. Sam Jones suggested the Board adopt all of the resolutions on the agenda.

Commissioner Blundo

made a motion to adopt Nye County Resolution No. 2021-41, a resolution disfavoring vaccine passports or vaccine mandates: seconded by

Commissioner Carbone

. Gregg Dann said papers like other undesirables in World War II had to present to the Nazis were not needed, which was what the current situation reminded him of. Nichole Walters stated vaccine passports were for Nazis. This was a free country and everyone had a choice to get the shot. Vaccine passports also violated HIPPA. Dee Mounts from Battleborn Patriots said the vaccine passports and mandates were not needed. This was America and as Americans people chose what they put in their bodies and did not need a book to show everyone what they had done and what they had. Tim Bohannon talked about the requirements for him to travel to Israel this year. He said in the United States people were asking for copies of the vax cards. He felt this was a strong resolution that would help keep that at a minimum at least in Nye County. Joe Burdzinski said he was against the passports and mandatory vaccinations. People had allergies to the vaccines and it could kill them. Mr. Burdzinski thought it was important the County took a stand. On behalf of Sheriff Wehrly, Captain David Boruchowitz noted for the record there were two contracts in the Sheriff’s Office that were contingent upon the federal vaccine mandate. The text he received from Sheriff Wehrly stated the immediate impact to the County and the Sheriff’s Office would be the loss of ICE inmates as well as a contract with NNSS/DOE that had been in existence for over 60 years. That equated to approximately 29 jobs in detention and five at the NNSS that would no longer exist. The Sheriff stated this was informational only and she did not advocate either way. Captain Boruchowitz requested one item of clarification. The resolution said now therefore be it resolved that the Nye County Board of County Commissioners did not believe in the use of vaccine passports or vaccine mandates and be it further resolved that the Board of County Commissioners strongly discourages the use of vaccine passports by any other agency or business in the County unless otherwise mandated by state or federal law. ICE asked to know at the conclusion of this agenda item if that meant if federal law required the contractors to have vaccines if this resolution did not do anything for that. Michele Nelson advised the first paragraph Captain Boruchowitz referred to, the Board of County Commissioners did not believe, was simply the belief of the Board, not a mandate via this resolution that was in any way enforceable on any business within the County or County business. The second part, the Board of County Commissioners November 16, 2021 28. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2021-41: A Resolution Disfavoring Vaccine Passports or Vaccine Mandates-Cont’d. strongly discourages the use of vaccine passports, that sentence in particular did not reference the vaccine mandate specifically because of the words strongly discourages. The Board did not have legal authority to discourage the vaccine mandate because as of right now they were still mandated by the President and federal law which the Board could not supersede. Ms. Nelson said there were several states that filed lawsuits challenging that, but there was strong precedent to support vaccine mandates.

Commissioner Cox

did not think anything about the federal government should be in the resolution. If the Sheriff’s Office was dealing with the federal government, then they may need to follow the federal law and not be affected by this resolution. Sam Jones said the President could not make law. Only an act of Congress could make law and state legislatures made state law. An unconstitutional act was not law. It conferred no rights, imposed no duties, afforded no protection, created no office, and in legal contemplation was as inoperative as though it had never been passed. Melissa Blundo said the supreme law of the land was the Constitution. The last time the Commissioners took a stand, which was to open the County and make masks optional, it moved the needle. She believed if they did it again and made vaccine mandates unconstitutional or optional they would move the needle again. Herman Lewis thought Commissioners Carbone and Cox were right. He had respect for the District Attorney, but felt it was double talk. There was no executive order, no federal law, and no act of Congress. Just because President Biden said it did not make it legal. Mr. Lewis also felt money was the driving force behind COVID.

Commissioner Blundo

said on April 6, 2021, an agenda item did not have legal approval but he thought it had a significant impact. He had much stronger language for this resolution, but it did not pass.

Commissioner Jabbour

said the attitude on television was people did not have rights when it came to vaccinations and that was from Geraldo Rivero, which really upset him.

Commissioner Jabbour

was going to fight that attitude because people definitely had rights when it came to everything and anything.

Commissioner Cox

advised a New Hampshire executive council on Wednesday rejected $27 million in federal funds for vaccine outreach. Among other things the money would have allowed the state to hire a health manager and a dozen workers to promote the COVID-19 vaccine and address the public’s concerns. Commissioner Cox then advised she had minor changes to the resolution, most of which were where she was trying to put some teeth into it and changing most of the mays to will or has. In line November 16, 2021 28. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2021-41: A Resolution Disfavoring Vaccine Passports or Vaccine Mandates-Cont’d. 2, a resolution disfavoring vaccine passports or vaccine mandates, Commissioner Cox said she would like to use the word banning.

Commissioner Blundo

suggested prohibiting, but Commissioner Cox thought that was the same thing as banning.

Commissioner Blundo

said he had prohibiting before and the District Attorney had a problem with that. He thought they would have a problem with anything because the Board did not have the authority.

Commissioner Cox

stated if someone wanted to go through the process of challenging this let them do it. She got the word banning from other states. Also in line 2,

Commissioner Cox

wanted to change to “and vaccine mandates” instead of “or vaccine mandates.” In line 10, whereas COVID-19 vaccine passports may be, she wanted to change to “are being used to,” and change “reduce” to “restrict freedom of choice and freedom of movement and travel and sacrifice an individual’s medical privacy.”

Commissioner Blundo

felt the word unconstitutional should be left in, so line 10 would read whereas COVID-19 vaccine passports are being unconstitutionally used to reduce individual freedoms, freedom of travel, and sacrifice an individual’s medical privacy.

Commissioner Cox

wanted to change reduce to restrict freedom of choice, movement and travel. In line 15, vaccine passports and vaccine mandates, change “may create” to “will and have created” a division amongst our populous and violate, etc.

Commissioner Strickland

suggested just using the word created.

Commissioner Cox

wanted to change line 18 to read whereas vaccine passports “will” further erode public trust instead of “may.” In line 20, whereas this type of government, she wanted to change “may” to “will” further divide a divided, etc. In line 21, whereas a vaccine passport, she wanted to change “may” to “becomes” the next generation, and add where it said vaccine passport and vaccine mandate, whereas a vaccine passport and a vaccine mandate has become the etc.

Commissioner Strickland

thought the word mandate should be dropped.

Commissioner Cox

said the resolution was about both. She then said she wanted to change line 23 to read now therefore be it resolved, that the Nye County Board of County Commissioners do not support the use, etc.

Commissioner Blundo

said to conform with the rest of the resolution it would read the Nye County Board of County Commissioners bans the use of vaccine passports and November 16, 2021 28. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reiect Nye County Resolution No. 2021-41: A Resolution Disfavoring Vaccine Passports or Vaccine Mandates-Cont’d. mandates, and be it further resolved that the Nye County Board of County Commissioners bans the use of vaccine passports by any other agency or business in the County unless otherwise mandated.

Commissioner Carbone

thought the word ban was pretty strong language.

Commissioner Cox

explained that was the word used in the lawsuits.

Commissioner Blundo

asked about State and federal law. Both Commissioners Carbone and Cox said those needed to come out.

Commissioner Cox

wanted to change the last sentence to read no person should be asked if they have had the vaccine or told that they must present a vaccine passport to enter any building or business in Nye County.

Commissioner Carbone

noted there were certain businesses that had to follow federal mandates even though it was illegal.

Commissioner Cox

stated they were doing that because the County did not have anything stronger.

Commissioner Carbone

said this was not a law. This was what the County would like to have. If something stronger was needed an ordinance should be done as that would be law.

Commissioner Blundo

amended his motion to amend and adopt with the following changes: line 2, a resolution banning vaccine passports and vaccine mandates; line 10, whereas COVID-19 vaccine passports are being unconstitutionally used to restrict individual freedoms, freedom of choice of movement and travel, and sacrifice an individual’s medical privacy; line 15, whereas vaccine passports and vaccine mandates, delete may, creates, etc.; line 18, whereas vaccine passports and vaccine mandates, delete may, further erodes, add “s”; line 20, whereas this type of government interference, delete may, further divides, add “s”; line 21, whereas a vaccine passport and vaccine mandate becomes, add “s’; line 23, now therefore be it resolved the Nye County Board of County Commissioners bans the use of vaccine passports and vaccine mandates; and line 25, be it further resolved the Nye County Board of County Commissioners bans the use of vaccine passports by any other agency or business in the County; Commissioner Carbone amended his second. November 16, 2021 28. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2021-41: A Resolution Disfavoring Vaccine Passports or Vaccine Mandates-Cont’d.

Commissioner Carbone

reminded everyone the word ban was pretty strong. Businesses had federal guidelines to follow and he felt what the Board was doing here would confuse them.

Commissioner Blundo

suggested getting a copy of the federal injunction in the lawsuit in the Fifth Appellate Court so if anyone had any issues they could get a copy of this resolution along with that to defend themselves. Tim Sutton advised ICE said they would pull their inmates in the next two weeks if this was not mandated for the jail deputies and from what he heard the Board was fine with that.

Commissioner Carbone

said the Sheriff informed everyone that was going to happen. He understood the Sheriff’s position not mandating vaccines.

Ms. Nelson

advised the resolution as amended did not pass legal review.

Commissioner Blundo

said this resolution passed legal as it was.

Commissioner Strickland

said she was troubled that there were so many statements in the resolution she did not have time to research.

Commissioner Blundo

explained much of it came from a Senate house bill and Michele Nelson made it reflect the Board’s opinion. November 16, 2021 27. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2021-40: A Resolution Opposing Critical Race Theory in Nye County-Cont’d.

Commissioner Strickland

asked Commissioner Blundo if he read the Civil Rights Act of 1964 and could attest to what he put in front of the Commissioners to vote on and sign along with every other statement in it and Commissioner Strickland could say it was correct at this time.

Commissioner Blundo

said he would attest to that.

Ms. Nelson

explained legal review was to review a document as to whether it was permissible from a legal standpoint to pass such a resolution.

Commissioner Strickland

was frustrated because she could not find all the case law and rhetoric in the resolution.

Commissioner Blundo

explained what CRT was.

Commissioner Carbone

asked Commissioner Blundo if there was a way for the Board to re-evaluate the resolution to something a lot shorter that said the Board did not agree with critical race theory and it should not be taught.

Commissioner Blundo

said his original resolution did not pass so he did tremendous cutting already, and Ms. Nelson made it so it passed legal review. He could take it back and take another crack at it, but it came from the CRT Act that passed the Senate. Melissa Blundo said she was disappointed hearing the Commissioners had not read stuff in the back-up. If there was something that maybe the public did not understand about CRT she suggested leaving it in the resolution so they could understand it and read it. Nichole Walters said a lawsuit had been started in Las Vegas because of CRT. She stated she did not want it in Nye County and wanted all kids educated the same so they all had the same opportunity. Dee Mounts from Battleborn Patriots said the wording in the resolution regarding people of color were acceptable names for people in today’s world. She felt everything needed to be left in the resolution so people understood it and could fight it a little bit better. Joe Burdzinski said CRT was reverse racism and was making race relationships go backward, not forward in this country, and CRT was dividing everyone. He asked the Board to not allow CRT in the County. Herman Lewis thought the motion did not go far enough as he felt it should be taught why it was so wrong. He hoped the Board passed the resolution. November 16, 2021 27. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2021-40: A Resolution Opposing Critical Race Theory in Nye County-Cont’d. Sam Jones said it should be a resolution banning CRT. He asked the Board to vote on and pass the resolution. As to Mrs. Blundo’s comment about her disappointment that Commissioner Strickland did not have time to read the back-up, Commissioner Strickland said that was her point. The resolution made a bunch of statements that she did not have back-up for and for her to make a good decision she needed back-up. She read the resolution, but she had no other back-up to read and she did not have enough information, which was not fair to her as she did not even know where to find the information.

Commissioner Carbone

commented he did his research and made it page 4, line 19, as far as checking everything in it. He pointed out when statistics were put in these kinds of documents they changed on a constant basis and asked if the resolution would be brought back whenever those changed because he did not think so.

Commissioner Blundo

said it was a snapshot of right now. He sent the County Manager the link to Senate Resolution 246, who he believed had more staff and resources to make sure the details were correct.

Commissioner Cox

felt the Commissioners were safe as long as Commissioner Blundo quoted where he got the information from and the people could look that up. It was also approved by the District Attorney. In response to questions from Commissioner Strickland, Tim Sutton, as a School Board member for Area 7, said CRT was not being taught in Nye County schools currently and there was no plan to bring it to the Nye County School District. The curriculum adoption process was open to the public so people could attend those meetings to fact check that.

Commissioner Blundo

asked Mr. Sutton if they followed the Department of Education guidelines.

Mr. Sutton

said it was the State Department of Education guidelines, a lot of which were dictated from federal department guidelines.

Commissioner Blundo

suggested including a line at the end stating for reference and have the link to the Senate resolution.

Commissioner Strickland

asked to continue this item. She felt it was not fair to make her vote for something she did not understand. November 16, 2021 27. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2021 -40: A Resolution Opposing Critical Race Theory in Nye Countv-Cont’d.

Commissioner Blundo

made a motion to continue this item to the December 16, 2021, meeting; seconded by Commissioner Jabbour; 5 yeas.

Commissioner Cox

mentioned the comments made today about the smell from the marijuana facility on Calvada. She asked Tim Sutton to direct that to the Sheriff’s Office or other appropriate office to have it checked out. As to the request for a forensic audit, she had requests from other people and telling them Trump won was not enough. They wanted it on the agenda and a report of what was learned.

Mr. Sutton

asked Commissioner Cox if she was okay spending up to $50,000.00 on the forensic audit. Sam Merlino advised it was not a $50,000.00 request. If a forensic audit was done on the equipment it became unusable for the next election, meaning somehow the County would have to come up with another $500,000.00 to replace equipment before the next November 16, 2021 40. Commissioners’IManaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshops/aqendas)-Cont’d. election, which was nearly impossible to do. If the County wanted to do this it should have been done a long time ago as it would compromise the machines. Mrs. Merlino explained starting with the next election a risk limiting audit would be required immediately after every election. It was a program that pulled votes from random machines and ballots and they had to be hand counted. It had already been done in Clark and Pershing Counties as a test, which her staff participated in.

Commissioner Cox

said she had requests to go back to paper ballots and asked if that was possible.

Mrs. Merlino

said to have over 30,000 ballots hand counted would be very prone to human error. Right now there was a test that had to be done from the paper rolls. There would also be no results for two months if the ballots had to be hand counted.

Commissioner Blundo

said the ES&S machines could be looked at as to cost and he believed they would qualify for ARPA funds.

Mrs. Merlino

said Dominion had the same type of system. ES&S was a ballot marking device. The voter received a print out, walked across the room and stuck it in a ballot box. She looked at ES&S and worried about people walking out with the ballot and not putting it in the box. She said it was very late in the game for the procurement of the machines, getting them and then training since early voting started in May, 2022. Ballots would be mailed out 45 days prior to the election, so at the end of April, 2022.

Mrs. Merlino

suggested considering this before the presidential election, which would allow plenty of time to look at new systems.

Commissioner Blundo

told Mr. Sutton he would like to have an ordinance created to give teeth to the resolutions brought forward.

Mr. Sutton

asked if he meant all resolutions.

Commissioner Blundo

said to start with the ones done today and then work backwards.

Mr. Sutton

said the concern was not the form the action took. It was with the authority and the subject matter over which the Board did or did not have control over. Whether a resolution or ordinance was passed, if the Board had no authority to do it, it would be meaningless.

Commissioner Blundo

stated the actions the Board took were within their constitutional authority and based on that authority he would like to see those ordinances to show the County was taking a stand. November 16, 2021 40. Commissioners’IManaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshops/aqendas)-Cont’d.

Mr. Sutton

asked if Commissioner Blundo was asking him to spearhead the effort to determine which ones had merit.

Commissioner Blundo

said no. The items would be codified so they became a law. He was asking Mr. Sutton to spearhead it because he raised the initial concerns about them not having teeth.

Mr. Sutton

said words could be written into an ordinance, but it would have just as little teeth as the resolution. He confirmed with Commissioner Blundo he wanted the resolutions adopted today turned into ordinances.

Commissioner Blundo

said the Rules of Procedure for the Board was last heard in 2020. The Commissioners removed that the County Manager could not override or veto any items the Board was bringing forward, but the language was still in there and he asked for clarification. Commissioner Blundo then directed staff to send the resolution to end the state of emergency to the Governor, the Speaker, and the Majority/Minority leaders. He would also like a copy of the vaccine resolution passed today and the Fifth Appeal injunction together so it was readily available if anyone asked.

Commissioner Cox

asked Mr. Sutton about Harry Baut’s request to be on the December 7, 2021, meeting agenda.

Commissioner Strickland

said that was too soon. He had to provide back-up and a lot of stuff if he wanted to do a presentation.

Commissioner Cox

asked about the next meeting.

Commissioner Strickland

explained a comparison was needed of what the County currently had to self-funding and she did not want to set a date.

Commissioner Cox

stated Mr. Baut talked to Human Resources Manager Elona Goldner about the information and she would not give it to him.

Ms. Goldner

advised all he said was he wanted to be the broker and she told him she was not in the market for a broker. She would send him the information.

Commissioner Carbone

said he put his life on the line when he joined the military, and anyone who had done that had been to war and knew what it was about. The government telling people to take a shot or be dishonorably discharged was disgusting.

Commissioner Jabbour

reminded everyone to spay and neuter their pets. __ ______________day November 16, 2021 40. Commissioners’/Manaqer’s Comments (This item limited to announcements or topiclissues proposed for future workshopslaqendas)-Cont’d. Sam Merlino advised the special session concluded today. The redistricting maps were adopted and the Governor was expected to sign them on Monday. Once the School District adopted their new maps she would be able to split/consolidate/create new precincts. She asked if the Board would like a report.

Commissioner Strickland

said once Mrs. Merlino had made the decision.

Commissioner Strickland

adjourned the meeting. APPROVED this ATTEST: Of ,2021-.a /1 /, / c 1 Ci-air Nyb County Clerk / Deputy