November 19, 2019

Commissioner Strickland

made a motion to approve ; seconded by Commissioner Cox; 5 yeas . November 19, 2019 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

explained she was not in Pahrump because she spent the day in Carson City yesterday and it was an almost a five hour drive home for her. Also, her laptop at home was able to pick up the Web site for Nye, but when she clicked on the agenda and back-up she got a big blue screen of death. Staff printed her agenda and she asked for patience as she worked on it as the meeting went along. TIMED ITEMS 7.10:00 - Presentation regarding Other Post-Employment Benefits (OPEB) and FY19 OPEB report for Nye County and sub-entities. Savannah Rucker said Audra Mardis, a senior consultant from Korn Ferry, was on the phone .

Ms. Mardis

explained OPEB had to do with retiree healthcare, which typically could include other ancillary benefits. She reviewed a brief summary of the retiree health benefit for Nye and other included groups. Total OPEB liability was shown on the books as well as the actuarially determined contribution. OPEB liability right now was unfunded , but there was an OPEB expense on the income statement. As far as contributions , unlike a pension plan for health benefits no contributions were required beyond what was being charged, however, there was the actuarially determined contr ibution which would be calculated starting next year due to the OPEB trust. The trust would also mitigate some of the liabilities. As to managing OPEB liability, she suggested changing the employee subsidy offered, changing the eligibility requirements to qualify, pre-fund the OPEB liabilities , and manage health care claims costs .

Commissioner Strickland

asked why the report did not reflect the trust fund that was in place .

Mrs. Rucker

said that was set up for FY20 so it would be reflected in the next report . The changes made in the NCMEA contract in July would also show on the FY20 report .

Commissioner Blundo

made a motion to approve and execute the contract; seconded by Commissioner Strickland . Cameron McRae asked what number was being proposed under 5.b., to which Bradley Richardson responded 20% .

Mr. McRae

reminded the Board that the request was for an appropriate amount of money based on the appropriation of the water. He researched from July , 2017 through May, 2018 , and learned the School District's average daily water use was 15,000 gallons . Therefore, the request was, and the School District would consider, 10% per month for the use of the additional amount of water based upon an audit of the system. November 19, 2019 34. For Possible Action - Discussion and deliberation to: 1) Approve, amend and approve or reject an Interlocal Contract between Nye County and Nye County School District (NCSD) for the purpose of NCSD tying into the existing reclaimed water facilities and distribution line currently being used to deliver reclaimed water to the Lakeview Executive Golf Course under the Water Agreement between Nye County and Great Basin Water Co. to deliver reclaimed water to a storage and pumping facility proposed for the Pahrump Valley High School to service the existing sports fields; and 2) Execute the contract-Cont'd. They agreed those types of costs should be reviewed on a yearly basis to be sure they were accurate, but it seemed based upon an approximate 400,000 gallon a day to the golf course and 15,000 gallons a day to the School District that 20% was excessive.

Mr. McRae

asked that the number be reduced to 10%.

Commissioner Strickland

wondered if the Board could look at the agreement next year after a cost analysis was performed and consider a rebate at that time if the cost had not been at 20% .

Commissioner Koenig

said he liked 15% .

Mr. Richardson

said 5.c. allowed for that and the Board could do it as often as necessary.

Commissioner Blundo

thought 10% was too low and asked if everyone was amicable to mod ify it to 15% and increase if needed to as allowed in 5.c.

Commissioner Strickland

noted the verbiage of 5.c. said increase twice and asked if it would be within reason to make that word adjust or change as necessary. Comm issioner Koenig said if he swapped the word increase to change and started at 20% that would give the County an opportunity later on to adjust it up or down.

Commissioner Cox

asked Mr. McRae how much the water bills were now.

Mr. McRae

said it varied between $5,100.00 and $1,200 .00. An average of 5 million gallons came to approximately 15,000 gallons per day.

Commissioner Wichman

asked if it would be possible to take a look at the last six months or so and do the calculations to see what the 20% would have been or see what percentage the School District was using .

Mr. McRae

mentioned one thing that had not been presented by the Board or the town, which was the cost to pump the water from the facility at the plant to Lakeview.

Commissioner Wichman

suggested asking the County Manager to have Darrin Tuck take a look at those figures and see what he could project based on the last six months November 19, 2019 34. For Possible Action - Discussion and deliberation to: 1) Approve, amend and approve or reject an Interlocal Contract between Nye County and Nye County School District (NCSD) for the purpose of NCSD tying into the existing reclaimed water facilities and distribution line currently being used to deliver reclaimed water to the Lakeview Executive Golf Course under the Water Agreement between Nye County and Great Basin Water Co. to deliver reclaimed water to a storage and pumping facility proposed for the Pahrump Valley High School to service the existing sports fields; and 2) Execute the contract-Cont'd. or a year and wait to sign the agreement until the analysis was done . In the alternative, the Board could approve it today and ask Mr. Tuck to bring that information to the Board as soon as he had it.

Commissioner Koenig

said he did not want to wait. He wanted to move ahead with the 20% and give direction to staff later on to review this and bring it back.

Mr. McRae

stated he did not want to hold it up either and thought the Board considering different language would solve the issue . He thought after an audit of the cost and an apportionment of the gallons used the School District could agree to that apportioned amount plus 5% , which would pay a little more than what it would cost for electric, daily maintenance, replacing a pump or anything that went into the operation of the pumping facility.

Commissioner Strickland

made a motion to approve and direct staff to bring forth funding options; seconded by Commissioner Blundo. November 19, 2019 28. For Possible Action - Discussion and deliberation to: 1) approve, amend and approve or reject filling a Deputy Justice Court Clerk prior to realizing the accrual payouts and six-week waiting period; and 2) if approved or amended and approved, provide direction to staff to bring forward funding options in separate agenda item-Cont'd. Beatty Justice of the Peace Gus Sullivan thanked the Board for considering this so quickly.

Commissioner Blundo

asked who was funding this project and if Mr. Borden was working with NCRDA.

Mr. Borden

said the most significant funders would be BLM and the U.S. Forest Service and they needed to get better connected with NCRDA. November 19, 2019 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 15. For Possible Action - Public Hearing, discussion and deliberation regarding a request to: 1) adopt, amend and adopt, or reject Town of Pahrump Bill No. 2019­ 01: A bill proposing to amend Town of Pahrump Ordinance Article III, Section 8 Peddlers, Solicitors, and Temporary Merchants Taxation by amending Section 82 Exemptions and providing for the severability, constitutionality and effective date thereof; and other matters related thereto; and 2) Set an effective date.

Commissioner Koenig

opened the public hearing. Randy Case advised that Susan Holecheck was the first town manager to advise her that the craft fairs held at the Bob Ruud Center were exempt from seller's permits and Pam Webster had the same interpretation. This year the policy changed when Tim Sutton decided it only applied to the organizer. She was also told the town needed seller permit fees to offset the building maintenance cost, yet the community center was used more than 150 times per year for free by non-profits. Ms. Case thought that should be revisited if the funds were needed to keep the community buildings in repair, but seller permits should only be required for those who sold on the streets. Sherry Rhine, head of the art group Artistic Divas and Dudes, said they had to be in complete compliance with everything required by the State and the town. She had participated in numerous craft shows and had never seen anyone from Code Enforcement there looking for seller's permits although there were vendors present without permits because they did not know anything about it. If the town was not going to enforce the seller's permits at every craft show Ms. Rhine questioned why she should be required to have one. Sam Jones was bothered by the word taxation. He believed if he owned the material that he sold no one should get a piece of it.

Commissioner Koenig

closed the public hearing.

Commissioner Blundo

made a motion to adopt with an effective date of December 9, 2019 ; seconded by Commissioner Strickland .

Commissioner Cox

said she had a problem with charging to use the building . She wanted the people to have somewhere to go where they could enjoy themselves without having to worry about making a profit to pay the fees charged to have the event.

Commissioner Cox

would rather see a motion that the County was not charging any non-profit for using the building to sell their wares.

Commissioner Koenig

opened the public hearing. John Bosta stated his belief that this item was improperly agendized . He said it should not be on Board of County Commissioners agenda but rather on the Town of Pahrump agenda as this establishment was located in the town , not the County. Additionally, the initiative adopted by the voters in 2016 could not be amended by Legislature until November 22 , 2019 , and the County acting as the governing body of the Town of Pahrump should be deciding issues about marijuana inside the Town of Pahrump.

Commissioner Koenig

closed the public hearing .

Commissioner Koenig

commented this was for an SUP , which was a type of zoning, and the County did zoning, not the Town of Pahrump .

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickla nd. Ramsey Dadis from Jay Matos Consulting and Terry Tierney, the managing member of MJ Distributing , were present and willing to answer any questions.

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. 11. For Possible Action - Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects. Public Works Director Tim Dahl advised he would bring a couple of road projects to the Board in the near future which had been approved through the RTC . November 19, 2019 11. For Possible Action - Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects-Cont'd.

Commissioner Wichman

asked if Mr. Dahl had hired someone for the northern County yet.

Mr. Dahl

said no as there was no advertis ing out yet , but he was working on it.

Commissioner Cox

said she was told the County was not doing chip sealing anymore and she asked why .

Mr. Dahl

confirmed there was no chip sealing with the exception of Sen ita Courts in Round Mounta in and filling the gap at Belmont. He was trying to resurrect the chip seal program and put some equipment to work that had been sitting around, but it was taking a little time to get there .

Commissioner Cox

said she had someone who lived in the area of Linda and Roadrunner who kept complaining they would like their road done.

Mr. Dahl

explained that essentially from 2001 to 2011 every road was chip sealed in the PRPD that was the County's to do. There were very few roads that were gravel that were not chip sealed. He would have to obtain right of ways to continue working on some of the roads .

Commissioner Strickland

referred to the presentation on dust control noting that dust control was done under the Planning Department. There were three areas being monitored , the big one being the Pahrump commun ity pool. She asked Mr. Dahl if it was possible for him to work with Brett Waggoner to identify the problem and bring those numbers down .

Mr. Dahl

said the biggest contributor to setting off those alarms was the sensor by the championship golf course , but he would work with the Planning Director.

Commissioner Koenig

asked if Farm Road in Amargosa would be sometime in 2020 .

Mr. Dahl

said yes. He received a report from the road supervisor there that it was coming apart rather fast so some cold mix would be hauled out tomorrow to try to put a band-aid on some of the worst sections.

Commissioner Blundo

asked for the status of Cabo and Quail Run.

Mr. Dahl

explained before it came to the Board he had to send it to the District Attorney's Office to get guidance on a path to present to the Board, whether that November 19, 2019 11. For Possible Action - Discussion and deliberation regarding General Road Report by Public Works Director on General Road Maintenance, Gravel Road Maintenance, Asphalt Patching, Weed Mowing and direction regarding public work projects-Cont'd. dedication could be just those two streets or from road to road . He would also bring a cost to improve those roads.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 12. For Possible Action - Discussion and deliberation regarding verbal activity reports to be provided by committee members of Town of Pahrump Committees for which the Nye County Board of Commissioners oversees. There were none. 13. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject budget transfer of appropriations between functions within Town of Pahrump General Fund (25101). Savannah Rucker explained the budget adjustment was just moving funds from the Town of Pahrump general fund to the welfare section for the animal shelter contract, not an augment.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo; 5 yeas . 14. For Possible Action - Discussion and deliberation to: 1) Award Bid 2019·03 Kellogg Park Phase II to Industrial Light and Power, LLC in the amount of ~408,150.00 for the purpose of installing all necessary electrical as outlined in the engineered plans; 2) Execute the contract; and 3) Fund from 25101 General Fund Town of Pahrump; or 1) Reject Bid 2019-03 Kellogg Park Phase II; and 2) Direct staff on how to proceed with the project.

Commissioner Blundo

made a motion to 1) award Bid 2019-03 Kellogg Park Phase" to Industrial Light and Power LLC in the amount of $408 ,150.00 for the purpose of installing all necessary electrical as outlined in the engineered plans, 2) execute the contract and 3) fund from 25101 general fund Town of Pahrump; seconded by

Commissioner Koenig

asked why staff would recommend rejecting the bid due to lack of competition when that haf not been an issue in the past. November 19, 2019 14. For Possible Action - Discussion and deliberation to: 1) Award Bid 2019-03 Kellogg Park Phase II to Industrial Light and Power, LLC in the amount of $408,150.00 for the purpose of installing all necessary electrical as outlined in the engineered plans; 2) Execute the contract; and 3) Fund from 25101 General Fund Town of Pahrump; or 1) Reject Bid 2019-03 Kellogg Park Phase II; and 2) Direct staff on how to proceed with the project-Cont'd. Purchasing and Contracts Administrator Danielle McKee explained typically when a project was put out to bid and there was a time crunch if one bid was received it could be awarded . A lot of the times the bids also came in at the budget range anticipated, but this one came in over the anticipated budget. Also, due to the remaining funds available having such a high bid would take away from other projects such as restrooms or other buildings on the property.

Commissioner Koen

ig asked how many bids were received for the Simkins Park lighting.

Mrs. McKee

said one bid was received , but that was a Musco lighting project and there were not many electrical contractors that were Musco certified.

Commissioner Blundo

said he privately signed up for the e-mails when the bids went out and thought it would be prudent for every contractor to either sign up or look for bid advertisements in the paper. The fact that there was a lack of competition was not the County's fault.

Commissioner Koen

ig said if this item had been worded to recommend rejecting due to being over budget he may understand the reasoning, but he did not agree with rejecting it for lack of competition. He asked what the budget number was for the whole project. Jimmy Martinez advised the former Buildings and Grounds manager planned on spending $300,000.00 to $350 ,000.00 on this project.

Commissioner Koen

ig noted this was $70,000.00 over and asked what was left.

Mr. Martinez

responded roughly $800,000 .00.

Commissioner Koenig

said scaling back on the bid was mentioned and asked what was scaled back.

Mr. Martinez

said once awarded they were going to scale back pulling conduit out of certain trenches as well as elim inating some of the trench work and compaction grading.

Commissioner Koenig

thought since it was going to be scaled back he could award it and then reduce it later. November 19, 2019 14. For Possible Action - Discussion and deliberation to: 1) Award Bid 2019-03 Kellogg Park Phase II to Industrial Light and Power, LLC in the amount of $408,150.00 for the purpose of installing all necessary electrical as outlined in the engineered plans; 2) Execute the contract; and 3) Fund from 25101 General Fund Town of Pahrump; or 1) Reject Bid 2019-03 Kellogg Park Phase II; and 2) Direct staff on how to proceed with the project-Cont'd. Marla Zlotek explained the NRS always allowed for modification with justification and compliance with the statute. The second part of the agenda item was to reject the bid so it would have to be looked at as any modification to change the scope and the cost with the justification in line with the NRS. She advised that hypothetical could not be answered right now and she recommended continuing with the discussion keeping with the agenda item.

Mrs. McKee

said the idea was to reduce the cost of what the County would put out because of the groundwork Jimmy Martinez and his crew could do and then the County would not be subject to prevailing wage to do it in-house. The electrician would come in after the groundwork was completed. She noted none of this was discussed until the bid was opened .

Commissioner Blundo

commented bidding did not work that way.

Commissioner Wichman

explained Mrs. McKee had to follow the state procurement process so telling her that was not the way it worked was not accurate . Andrew James from Industrial Light and Power said this project had no Musco aspect at all so it was open to anyone. As far as going over budget, Phase I was awarded in April, 2019, to Wulfenstein Construction and the original budget per the engineer's estimate for the work they did was $128,020.00. Wulfenstein's bid of $549,585.00 was the only bid received and it was approved without any stipulations for lack of competition. Mr. James stated if the intent was to not award it because of a lack of competition their bid should never have been opened and their number made public. Tim Sutton said he understood the concern, but there was a budget approved so if a bid came in well beyond feasibility then the Board was not bound to accept it.

Commissioner Cox

wondered if they would have legal standing to sue.

Commissioner Wichman

asked if it would be appropriate under this agenda item to ask the bidder and staff to see if they could modify that bid with everyone's agreement to get the dirt work out of it.

Ms. Zlotek

said not at this point when there was a motion and no vote . There was a second part to the agenda item if the motion was taken back to reject the bid. A lot of times in the past when bids have been rejected the statute allowed for it to be put out November 19, 2019 14. For Possible Action - Discussion and deliberation to: 1) Award Bid 2019-03 Kellogg Park Phase II to Industrial Light and Power, LLC in the amount of $408,150.00 for the purpose of installing all necessary electrical as outlined in the engineered plans; 2) Execute the contract; and 3) Fund from 25101 General Fund Town of Pahrump; or 1) Reject Bid 2019-03 Kellogg Park Phase II; and 2) Direct staff on how to proceed with the project-Cont'd. again with an amended or different scope which allowed for fairness and equality because it had been changed.

Commissioner Koenig

said the problem was on page 9 of Mr. James' bid where he itemized what his bid was. If it was amended to remove the conduit and conductors everyone would know what he was bidding for everything else. If the other bidders reduced their bids by a nickel he would lose the bid .

Commissioner Strickland

said if this bid could be approved and the contract scope of work modified after the fact, then the town employees could do portions like item 4, which was the conduit and poling of the wire to get him to the point where he could do the installation.

Ms. Zlotek

said the Board could approve this item in the motion as stated or it could be rejected and that determination would be made through the vote. Once contracts and bids were let they could always be revised and modified as to scope and price keeping within the confines of the law.

Commissioner Blundo

made a motion to approve items 16-20; seconded by

Commissioner Wichman

; 5 yeas. November 19,2019 17. For Possible Action - Approval of an Assessor's Office Change Request to allow the Nye County Treasurer to process and issue an amended tax bill in the amount of $4,214.19 to Douglas Murphy, owner of Assessor's Parcel Number 040­ 672-09.

Commissioner Blundo

made a motion to approve items 16-20; seconded by

Commissioner Wichman

; 5 yeas . 18. For Possible Action - Approval to set the date and location for the second Board of Commissioners meeting in February for Wednesday, February 19, 2020 in Pahrump, Nevada.

Commissioner Blundo

made a motion to approve items 16-20; seconded by

Commissioner Wichman

; 5 yeas. 19. For Possible Action - Discussion and deliberation to: 1) Accept the Nevada Division of Emergency Management (NDEM) grant award for the Emergency Management Performance Grant (EMPG) in the amount of $42,596.00 with a 50% match requirement for the purpose of funding a portion of the Director of Emergency Management's Salary; 2) Fund the grant portion from 10340 Grants Fund and the match portion from 10101 General Fund; and 3) Delegate a one-time authority to the Nye County Manager to execute the grant agreement.

Commissioner Blundo

made a motion to approve items 16-20; seconded by

Commissioner Wichman

. John Bosta said at his August 8, 2019, meeting with Commissioner Blundo, the County Manager and the Fire Chief he asked Chief Lewis if the $48 ,000.00 was part of his contract . Chief Lewis said absolutely not, but now there was an item to pay half the salary of the Emergency Management Director. Mr. Bosta said the citizens did not know what Chief Lewis was being paid to be the Emergency Management Director and fire chief for the Town of Pahrump. Mr. Bosta wanted to know where the $48,000.00 was going and where it was shown in the budget. He asked the Board to pull this item from consent for discussion.

Commissioner Blundo

wanted to withdraw his motion on this item, but Commissioner Wichman would not remove her second as this item was about accepting a grant. She said Mr. Bosta wanted to know where the grant money was going to be used and

Commissioner Wichman

believed Mr. Bosta was off topic.

Commissioner Blundo

made a motion to approve items 16-20 ; seconded by

Commissioner Wichman

. BOARD OF COMMISSIONERS 21. 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 . 22. 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 . 23. 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. FINANCE 24. For Possible Action - Discussion and deliberation to: 1) Award Bid 2019·20 Tonopah Janitorial Services to Your Mama Cleaning Service in the amount of ~90,OOO.00 for the purpose of providing Janitorial Services to the Northern Nye County Offices Located in Tonopah, NV; 2) Execute the contract; and 3) Fund $75,167.00 from 10101 General Fund and $14,833.00 from 10291 County Owned Buildings Fund.

Commissioner Wichman

made a motion to award the bid, execute the contract and provide funding as indicated on the agenda item; seconded by Commissioner Blundo ; 5 yeas. November 19, 2019 25. For Possible Action - Discussion and deliberation regarding the budget status through Q1-FY20 and future projections for the Nye County Jail Fund­ 10236. Savannah Rucker said in the back-up was the quarter one report as required by the resolution creating the fund. It was still the beginning stages of the contract with ICE and she was reporting very conservatively so there would be time to address any potential negative ending fund balance should that occur. While the fund ended with a positive balance in September, it began running a deficit in October and November. The projection Mrs. Rucker generated showed a deficit ending fund balance for the remainder of the year with ICE revenues $1.1 million short. The projection by the end of the fiscal year was an $811,000.00 deficit with the Sheriff's Office projected at a $600 ,000.00 deficit. She advised that Finance's recommendations were to increase the annual funding from the general fund by $400,000.00 at this time to support jail fund operations through February and reverse the OPEB pre-funding contribution of $100,000 .00 this fiscal year in fund 10236 and utilize funding to support jail fund operations. If the Board was in agreement a budget item would be brought forward at a later date.

Commissioner Blundo

asked since this fund was in the negative at the moment if the County would get dinged at the audit.

Mrs. Rucker

said there was an NRS that stated vendor claims could not be paid if the fund's cash in bank was deficit. Right now they were running into an issue on the Treasurer's report as it showed deficit cash in bank and it would create an audit finding for next fiscal year's audit. Captain David Boruchowitz explained they were averag ing about 77 heads instead of 100 heads because negotiations between President Trump and Mexico had caused Mexico to hold some of their border jumpers there . Also , he pointed out this was in the early stages and they started with 30 inmates. That number had been steadily increasing since they went live and he was assured it would continue to grow . Lastly , Captain Boruchowitz said there was litigation in California in relation to ICE and some detentions which resulted in turmoil in general within the Department of Homeland Security.

Commissioner Blundo

said when this contract was approved it was technically pre­ funded and he wondered if the County was behind on money here.

Mrs. Rucker

said all four quarters were included in the presentation and the upfront costs referenced did use most of the funding. In October the ICE payments from August and September were received, which were received timely but they were not posted to the general ledger timely . She felt some sort of bridge funding was needed .

Sheriff Wehrly

said it was a fledgling program and they started out with nothing. It would take a little while to build up to the point to pay the County back and show some November 19, 2019 25. For Possible Action - Discussion and deliberation regarding the budget status through Q1-FY20 and future projections for the Nye County Jail Fund­ 10236-Cont'd. of the fruits of the labors . She thought over the next three to five months they should know whether they would make it or not and Sheriff Wehrly thought they would.

Commissioner Blundo

made a motion to have Savannah Rucker bring an item back ; seconded by Commissioner Wichman; 5 yeas . 26. For Possible Action - Discussion and deliberation regarding the budget status through September 2019 for Nye County and all sub-entities for Fiscal Year 2020. Savannah Rucker reviewed the reports through the end of quarter one of FY20. The revenue report showed right in line with last year 's revenue levels at this point in time.

Mrs. Rucker

believed there were some payments that had not been posted as timely as they were last fiscal year so in the coming months she thought the revenues for the current fiscal year should exceed prior year revenues at this point in time. Turning to the individual departments she said none were projected to be over budget at this point.

Commissioner Blundo

asked about judicial other showing 85.2% .

Mrs. Rucker

explained that department had the district court bailiffs salaries and benefits and those were coming in right on track at 100%. Services/supplies included the public defender program and the conflict attorney program . Those were contractual obligations within that line item for those public defenders and since she unsure of how much a conflict attorney would cost a cushion was built in. She then discussed the Sheriff's Office , which showed 111% for the ir services/supplies , which was $84 ,000 over. More than half of the $84 ,000.00 overage was for the Storm Area 51 event and money was being requested from the State. Other factors generating the overage were the rising field and autopsy costs .

Mrs. Rucker

then advised year two of the fleet replacement program would have a significant impact on the Sheriff's Office . At this point there was not an approved plan as the County Manager had not seen it yet, but she felt it would drop the Sheriff's Office fuel costs. 27. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject proposed policy for pre-funding compensated absences with step savings. Savannah Rucker explained the Board approved a six week position freeze in FY20 to begin pre-funding OPEB. The savings generated from the position freeze was separate from step savings , but they affected each other and the departments' ability to fill vacant positions. When an employee separated from the County they were compensated for November 19, 2019 27. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject proposed policy for pre-funding compensated absences with step savings-Cont'd. the remaining of their leave banks based on the collective bargaining agreement they were part of. The estimated values of those compensated absences as of October 29, 2019, for all County employees across all County funds was $4.45 million dollars. That included $1.52 million in annual and an estimated $2.93 million in sick. Currently the step savings were left in the department to be used to realize the accruals being paid out, or taking care of overtime generated by the vacancy, or not doing anything at all. In summary the Nye County general fund and Pahrump town general fund realized the most significant impact due to multiple departments working out of one fund with limited resources. Mrs. Rucker was requesting approval of a policy to begin implementing step savings for the County and Pahrump town general funds. Step savings calculations would take into account the department filling the position potentially at a higher step if approved by the County Manager, temporary staff authorized by the County Manager to assist the department in the interim of filling the position, and any overtime or comp time generated as a result of the vacancy to avoid the shortfall. Finance would then calculate the step savings upon termination and filling the position and present tile OPEB savings and the step savings to the Board as one item.

Commissioner Wichman

made a motion to adopt the proposed policy for the pre-funded compensated absences with step savings.

Commissioner Koenig

said he would like to see this come back with a little more in­ depth explanation.

Commissioner Wichman

suggested when this came back that Mrs. Rucker outline some of the problems from the past that this was a solution for. INFORMATION TECHNOLOGY 30. For Possible Action - Discussion and deliberation to: 1) Approve the Confirmation of Consent from SAC Wireless, on behalf of Commnet for the purpose of subleasing a portion of the wireless communication facilities in Amargosa Valley and Round Mountain to AT&T for the installation and use of FirstNet equipment; and 2) Execute the Confirmation of Consent.

Commissioner Blundo

asked if this would improve cell service going from Pahrump to Amargosa and in the other rural areas. IT Director Brad Adams said yes it would, although it was meant primarily for public safety and first responders. He explained the first part to this item was for SAC and the November 19, 2019 30. For Possible Action - Discussion and deliberation to: 1) Approve the Confirmation of Consent from SAC Wireless, on behalf of Commnet for the purpose of subleasing a portion of the wireless communication facilities in Amargosa Valley and Round Mountain to AT&T for the installation and use of FirstNet equipment; and 2) Execute the Confirmation of Consent-Cont'd. second part had to do with cellular and he did not see relevance to FirstNet in the second item.

Commissioner Blundo

made a motion to approve and execute; seconded by

Commissioner Strickland

; 5 yeas . PLANNING/BUILDING/CODE COMPLIANCE 31. For Possible Action - Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2019-15: A Bill proposing to amend Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, by amending Chapter 17.04 entitled Pahrump Regional Planning District, relating to Section 17.04.220 RE-2 Rural Estates Residential; Section 17.04.225 RE-1 Rural Estates Residential; Section 17.04.230 SE Suburban Estates Residential and Section 17.04.465 OS Open Space, Parks, and Recreation, by removing the permissive use of commercial farming/growing of crops in those zoning districts; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Strickland

made a motion to set the public hearing for December 17, 2019 , at 10:00 a.m. in Pahrump chambers; seconded by Commissioner Wichman . Dann Weeks asked the Commission to continue this item so a public workshop could be held for the community to weigh in on it. He believed there were repercussions that would affect the rural lifestyle of the community.

Commissioner Blundo

read the title of the bill into the record. November 19, 2019 PUBLIC WORKS 32. For Possible Action - Discussion and deliberation to: 1) Review and approve or reject the traffic engineering study conducted on Pahrump Valley Boulevard, Dandelion Street, and Honeysuckle Street; and 2) Direction to staff to bring forth a bill for the Board to consider that will set the legal vehicular speed limit for the aforementioned Nye County roads. Tim Dahl advised the report said 40 mph on Pahrump Valley Boulevard, 45 mph on Dandelion and 25 mph on Honeysuckle.

Sheriff Wehrly

said they were working with a 1971 ordinance so if it said 45 mph it had to be 45 mph.

Mr. Dahl

added that ordinance said it was 45 mph on all roads except those listed in the ordinance.

Commissioner Blundo

made a motion to reject the traffic engineering study and set the speed limits as 45 mph on Pahrump Valley Boulevard, 45 mph on Dandelion, and 25 mph on Honeysuckle; seconded by Commissioner Strickland; 5 yeas.

Commissioner Koenig

adjourned the meet ing. ATTEST: 0:1 0 _ _ _---'---=::...=.:.."'+­ ' 2O-W.