June 27, 2018

Commissioner Cox

was present via telephone.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Schinhofen. John Bosta said he looked at the back-up and did not understand where the money was coming from. He attended the meeting where the Board tried to pare the budget down and were not able to, but now the budget was being augmented by $3 million.

Commissioner Koenig

explained that a year ago the budget was made very conservatively. At that time he said he believed there would be more money coming in from property taxes, and the County received much more money than was budgeted.

Commissioner Koenig

said there was more to come because more homes were built, the race track expanded, and everything else he projected came true. Judge Kimberly Wanker commented on the move of $50,000.00 from the district court budget to the Sheriff’s Office. She referred to the discussion at the last meeting about her using the Sheriff’s Office instead of a bailiff and said she sent an e-mail explaining that. She thought the Commission should have asked two questions why was the judge utilizing the Sheriff’s Office instead of getting her own bailiff and why was $50,000.00 being transferred from the district court budget to cover the expense. Judge Wanker stated the reason why was because they advertised it as an overtime position. By statute the Sheriff or designee must attend all district court sessions. When she was in Tonopah a deputy was sent from Pahrump and was immediately on overtime. She then noted the Sheriff spent $25,000.00 on recruitment tools such as car adaptors and fidget spinners. While she was not attacking the Sheriff, Judge Wanker wondered what audience she was trying to attract with those. She said she had no problem if they wanted those, but she thought there were some legal issues with taking money from district court.

Commissioner Koenig

said there were some legal things being investigated with the District Attorney before this was done. However, the fiscal year ended in another week June 27, 2018 3. 10:00 For Possible Action Discussion and deliberation to adopt, amend and — — adopt, or reject Nye County Resolution No. 2018-33: A Resolution to Augment and Amend the 2017-2018 Budget of Nye County, State of Nevada-Cont’d. and that $50,000.00 would go away then. He said steps were being taken today to fix this for next year, but his advice was to hire a bailiff. Savannah Rucker said the second page of the back-up was the resolution which identified the funds and revenue sources. There was also a schedule for each fund identifying where the revenue was being placed as an expenditure augment.

Commissioner Schinhofen

made a motion to adopt: seconded by Commissioner Borasky; 4 yeas.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Borasky. John Bosta wanted to know how the money to be used for an airport could now be transferred to buy a golf course, It seemed to be a misuse of the money to him. Savannah Rucker explained this was the airport room tax fund. The revenue generated in this fund was based on room taxes collected in the town. It was her understanding that the Pahrump airport was no longer a public airport and these funds could not be used on an airport that was not for public use. The funds were being redirected to jump start the golf course enterprise fund for operations as well as the fairgrounds fund.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Borasky; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS ASSESSOR

Commissioner Borasky

asked if the Nevada Test Site was part of the flyover sectors, to which Mrs. Stringer responded no. CLERK

Commissioner Koenig

nominated Leah-Ann DeAnda.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas.

Commissioner Koenig

nominated Tom Duryea.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky; 4 yeas. June 27, 2018 8. For Possible Action Discussion and deliberation to appoint three (3) members to the Pahrump Regional Planning Commission due to one (1) resignation and two (2) expiring terms-Cont’d.

Commissioner Koenig

nominated Sarah Chapman.

Commissioner Schinhofen

disclosed that Sarah Chapman was his daughter and while there was no fiduciary benefit, to avoid problems he would recuse himself and leave the room.

Commissioner Schinhofen

was not present. The nomination of Sarah Chapman failed due to lack of a motion.

Commissioner Koenig

nominated Carol Curtis.

Commissioner Cox

made a motion to approve; seconded by Commissioner Borasky; 3 yeas. Commissioner Schinhofen voted nay.

Commissioner Schinhofen

made a motion to accept the recount; seconded by

Commissioner Borasky

; 4 yeas. SHERIFF

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky; 4 yeas. June 27, 2018 II. For Possible Action Discussion and deliberation to issue a Display Fireworks Event Permit to Pyrotecnico for an Aerial Display on Saturday, July 7, 2018. This event is being held in the desert behind the Nugget Casino located at 681 S. Highway 160 in Pahrump, NV. Threse Palumbo Applicant.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky; 4 yeas. The Board went into recess to consult with legal. DISTRICT COURT

Commissioner Schinhofen

made a motion to approve with the addition that the County be a signatory on it and that $40,000.00 come from fund 10247; seconded by

Commissioner Cox

. Tim Sutton advised the fund number was the district court improvement fund. Judge Kimberly Wanker pointed out that the Commissioners were not here to approve the contract and were making an error as a matter of law if they did. She said the request was for the funds, not to approve the contract, and the motion would violate the separation of powers doctrine.

Commissioner Schinhofen

noted the agenda item was for discussion and deliberation of funding and entering into a contract with Pioneer Technology. He felt confident in the motion and said it stood. Tim Sutton said Judge Wanker prepared the agenda language. Also, the contract specifically mentioned Nye County as a party and that was the reason for the request for a signature line. Judge Wanker stated the County asked to be a party, but she did not think it had a legal right to be one as the Fifth Judicial District Court was a separate branch of government. The Supreme Court language was clear that if it was necessary for the implementation of the court’s day to day functions the County had to provide it. She said she had met with Judge Lane and they would not contribute the court improvement fund to this which the County had no authority over.

Mr. Sutton

said if the County was not a party to the contract and was required to fund it solely from County funds then he did not understand what the discussion for the Board was. June 27, 2018 12. For Possible Action Discussion and deliberation regarding funding and entering into a contract with Pioneer Technology Group for the purchase and implementation of the Benchmark Case Management System for the District Court-Cont’d. Judge Wanker said it was because they were asking for the money since they did not have it. The case management system had been antiquated since 2010, which was when the County entered into a contract covering Pahrump, Tonopah, Beatty and the Fifth Judicial District. They contributed $1 00,000.00 of court improvement funds to that and it was a disaster. They were not a signatory to that contract and eventually the company went bankrupt. She wondered how the statistical reporting requirements of the Clerk of the District Court would be met without a case management system.

Mr. Sutton

asked if it was the judge’s position the County was required to fund this contract. Judge Wanker stated her position that the County was required to put out money to fund a case management system. They had shown what their intent was and asked for the funds. Today she was told the County was taking some of the court improvement funds to fund this and she did not think the Board could enter into it without the judges.

Commissioner Cox

asked if the judge wanted the County to put the full amount into the court funds or if she was just stating the County was obligated to do the whole thing but she did not want to put $40,000.00 into it. Judge Wanker stated they were asking for the $400,000.00 today and it would not all be in the same fiscal year. There was a license agreement, the implementation, and a maintenance agreement. The license agreement was $50,000.00 and 30% of that had to be provided upon signing. As the system was implemented monthly billing would happen and once up and running the County would be obligated on the maintenance portion, although she thought the maintenance system would be self-funding. As far as the party aspect went, Mr. Sutton thought adding the County as a party was fine and there should be a signatory line. However, if the County was not a party but was mandated to fund it then he did not see what the question was before the Board. Judge Wanker stated she was here to ask the County to fund the new case management system as the court did not have the money. The law said the County would provide the necessary things for the court to function. She again expressed her concern about how the statistical reporting would happen without the system.

Commissioner Cox

said she did not have a problem with doing this if it could be divided into payments.

Commissioner Schinhofen

felt the contentious point seemed to be the County asking the court to kick in 10% of this. He noted there was $300,000.00 in court improvements June 27, 2018 12. For Possible Action Discussion and deliberation regarding funding and entering into a contract with Pioneer Technology Group for the purchase and implementation of the Benchmark Case Management System for the District Court-Cont’d. that the judge spent in her offices and courtrooms so asking for 10% did not seem unreasonable and his motion stood.

Commissioner Borasky

made a motion to bring this back with the exact number the judge wanted; seconded by Commissioner Cox.

Mr. Sutton

explained the exact numbers were in the back-up.

Commissioner Borasky

withdrew his motion; Commissioner Cox withdrew her second.

Commissioner Schinhofen

made a motion to approve the funding and add Nye County as a signatory; seconded by Commissioner Borasky.

Commissioner Cox

wanted to hear the judge’s opinion as part of the problem was the County could not enter into the contract in place of the judges. Judge Wanker noted the County was going to be a signatory to a contract that was for state employees. She advised Commissioner Schinhofen they did their entire remodel through the court improvement funds, paid for a $270,000.00 JAVS system from the court improvement fund, and paid for all of their own IT equipment such as computers, cell phones, etc. Additionally, the drug court received not a single dime of County money as it was funded by the State and grants. Deputy District Attorney Bradley Richardson said there was an anomaly the County Manager pointed out in the definitions which included Nye County under courts. That could not be in there if the County was not going to be a signatory on the contract. Judge Wanker said that was put in at the District Attorney’s request and she did not think the County should be part of it.

Commissioner Schinhofen

said Judge Wanker already agreed to allow the County to be a signatory and this helped the County Clerks that worked for her that the County supplied. The County was not asking for additional funds and he thought this would be a compromise. June 27, 2018 12. For Possible Action Discussion and deliberation regarding funding and entering into a contract with Pioneer Technology Group for the purchase and implementation of the Benchmark Case Management System for the District Court-Cont’d.

Commissioner Schinhofen

amended his motion to approve as agreed between the judge and the District Attorney’s Office to allow the County to be a signatory and the County would fully fund it; Commissioner Borasky amended his second. Judge Wanker agreed to that compromise.

Commissioner Cox

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Koenig

said page 2 of 4 referenced Shelter Pro, but on the previous page it was changed from Shelter Pro to Shelter Manager Spillman so that needed to be corrected to use the same language. He also did not see the monthly reporting that was agreed to. Tim Sutton advised that was included in the MOU under the expectations of the use of subsidy section.

Commissioner Koenig

had concern with section 31 .3 and the release of impound animals. Theoretically if his dog got out the front door and Animal Control picked it up and took it to the shelter then he was required to get the approval of the Sheriff’s Office or Animal Control to get his dog back. He felt that was kind of pain as it was not a cruelty case, but he was not sure how to reword it to say the shelter could authorize the return of the dog.

Commissioner Schinhofen

said there may be a couple of other issues that would need to be addressed in the next month or so, but if this was approved now then staff could June 27, 2018 13. For Possible Action Discussion and deliberation to: 1) approve a lease agreement with Desert Haven Animal Society for use of the Pahrump Animal Shelter facility located at 1511 Sin Lane, Pahrump, NV; 2) approve to provide a subsidy in the amount of $50,000 to Desert Haven Animal Society for the Pahrump Animal Shelter facility located at 1511 Sin Lane, Pahrump, NV for Fiscal Year 2019 to be funded from Town of Pahrump General Fund 25101; and 3) approve a Memorandum of Understanding with Desert Haven Animal Society for the purpose of setting terms for the subsidy-Cont’d. sit down with them and see what else needed to be fixed. He did agree with

Commissioner Koenig

said that as long as he had the right in a month or so to amend this than he was fine.

Mr. Sutton

said that was a legal question, but language could be included to provide that.

Commissioner Koenig

asked to have language added that a modification could be done to this within 30 or 60 days. Bradley Richardson suggested putting a more open ended right to amend in favor of the County.

Commissioner Ccx

amended her motion to approve with the addition of language providing for a modification; seconded by Commissioner Borasky amended his second; 4 yeas.

Commissioner Schinhofen

expressed his concern about having a few legal businesses that were not allowed to post jobs at this location because they got federal money. He hoped there would be some way to allow them to post those jobs.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of 6tLuu , 2018. E1air Nye Coity Cierk / Deputy