May 11, 2020

Commissioner Wichman

was present via telephone .

Commissioner Strickland

disclosed she was a sitting Nye County Commissioner and owner of Strickland Construction and T&M Group Realty at Lakeside Storage. She was also a licensed well driller, septic tank and pump setting contractor as well as a realtor who brokered in water rights and the drilling of water wells. She saw no conflict of interest in this agenda .

Commissioner Blundo

reminded everyone the ballots were in the mail. If there were issues or concerns with the ballot people should call the Clerk's Office . May 11,2020 4. Commissioners'/Manager's Comments (This item limited to announcements or topiclissues proposed for future workshops/agendas)-Cont'd.

Commissioner Strickland

advised there were some teleconference meetings still taking place for Pahrump town advisory boards. The Pahrump Public Lands Advisory Committee would meet tomorrow night at 5:00 p.m.

Commissioner Koenig

encouraged everyone to participate in the census. Tim Sutton stated there would not be a Board of County Commissioners meeting tomorrow. Sam Merlino advised people could change their voter registration on-line at www.reg istertovoteNV.gov up until May 21,2020, and a replacement ballot would be issued . Voters could also go to the office in person up until Wednesday, but changes could not be done over the phone. A voter could receive a replacement ballot up until June 2, 2020 , after which the voter would have to appear in person .

Commissioner Blundo

said he had gotten a couple of phone calls where ballots were received for people who had previously lived at the address.

Mrs. Merlino

said she would like those people to call the office or return that ballot. She explained so far this election there were over 3,000 undeliverable ballots where the post office had given a forwarding address . She asked the voters if they received someone else's ballot to return it so her office could start the process of making those voters inactive and removing them from the rolls.

Commissioner Blundo

asked the Clerk to provide her phone number and asked if there would be actual voting in person.

Mrs. Merlino

said voter inquiries should go to her Tonopah office at (775) 482-8127. As far as in person voting , she said there would be no voting machines in the polling places. Both offices would be open for same day registration or registration changes and ballot turn in, but there would be no voting machines. Mrs. Merlino then explained the person voting could turn in their ballot or an immediate family member could turn it in for them , but that immediate family member had to complete an affidavit.

Commissioner Koenig

said he requested this item before the Governor started reopening the State. He asked District Attorney Chris Arabia to explain the ramifications .

Mr. Arabia

explained the emergency order was covered by NRS 414 .070(5) which empowered the Governor under these circumstances to remove public officials who were in defiance of the order. That process would be almost immediate and then there was a process to extend it or make it permanent. There were no Nevada cases right now that interpreted that statute, but the good news was any private citizen who felt aggrieved by the restrictions could file a suit against the Governor for unreasonable restrictions . Mr. Arabia said the Governor had started the reopening process and he saw that moving forward with more momentum as time went on. Mr. Arabia thought the end of this was close enough and the County should stay the course . All of the Commissioners expressed their appreciation to the citizens and first responders for all the hard work and cooperation. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP PAHRUMP VALLEY FIRE & RESCUE 8. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2020-2021 Public Safety and Use Tax (PSST) plan for Pahrump Valley Fire Rescue. Fire Chief Scott Lewis explained there was no additional staff added on items 1 and 2. The reoccurring section considered those who had already been hired and were rovers as well as ongoing costs. New expenditures included additional suppression and forced entry equipment, propane detectors, self-contained breathing apparatus bottles, thermal imaging cameras, and supplies for a future emergency mobile incident command post. Since there were two different radio systems in the State there was also a request for two different types of radios . At the request of Commissioner Blundo Savannah Rucker explained the PSST funds was an increase in sales tax several years ago dispersed between the towns split between the Sheriff's Office and the fire department. May 11,2020 8. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2020-2021 Public Safety and Use Tax (PSST) plan for Pahrump Valley Fire Rescue-Cont'd.

Commissioner Blundo

asked what percentage went to the Town of Pahrump for the fire department.

Mrs. Rucker

said it was based on population each year and she would get the information for Commissioner Blundo.

Commissioner Blundo

asked if the public procurement process had to be followed for the radios to try to get the price down. Chief Lewis explained it was a previously established price so it was not an actual procurement process .

Commissioner Blundo

noted the line under reoccurring for staff was empty with no total expense at the end .

Mrs. Rucker

said that was her fault and she apologized . The total for salaries/benefits for those six individuals was $734,569 .60 so the total at the bottom of the plan was now $1,061,269.60. Chief Lewis added that was not listed because those were contractual obligations that needed to be determined .

Mrs. Rucker

told Commissioner Blundo the Town of Pahrump received 42.36% of the FY21 allocation of CT AX. for PSST of the total PSST bucket. The total dollar value was $1.004 million.

Commissioner Strickland

made a motion to adopt the PSST plan for Pahrump Valley Fire and Rescue; seconded by Commissioner Wichman; 5 yeas . May 11,2020 SHERIFF 9. For Possible Action - Discussion and deliberation to adopt. amend and adopt, or reject the Fiscal Year 2020-2021 Public Safety and Use Tax (PSST) plan for the Town of Pahrump. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY MANHATTAN SHERIFF 13. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2020-2021 Public Safety and Use Tax (PSST) plan for the Town of Manhattan. SITTING AS THE BOARD OF COUNTY COMMISSIONERS SHERIFF

Commissioner Koenig

asked how the deputies were trained to drive today. Captain Boruchowitz said currently they did classroom training and then went to the airport at Mercury or to the speedway in Pahrump, but that did not allow for the real time training the simulator would provide . He then discussed the Star Chase Tracker; a treadmill deck, which was an emerging trend in the dispatch world; Nova vests ; and the May 11,2020 9. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2020-2021 Public Safety and Use Tax (PSST) plan for the Town of Pahrump-Cont'd. 13. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2020-2021 Public Safety and Use Tax (PSST) plan for the Town of Manhattan-Cont'd. 16. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2020-2021 Public Safety and Use Tax (PSST) plan for Nye County-Cont'd. needed upgrade in technology for Spillman , dispatch headsets and animal control equipment.

Commissioner Blundo

asked where the old equipment would go as well as where the money would go. Captain Boruchowitz said they would follow the excess property process and the money would go back to the general fund .

Commissioner Blundo

said he was concerned that there was no public range and would like the Sheriff's Office to have a partnership with the community and invite them to use the range. He asked if Captain Boruchowitz thought the Star Chase system would have mitigated the circumstances that occurred with two deputies chasing someone into Las Vegas. Captain Boruchowitz said the Star Chase system would mitigate some of the pursuits .

Commissioner Blundo

asked if the Board did not allow the $216,000.00 for the driving training simulator if Captain Boruchowitz had other recommendations for that money as

Commissioner Blundo

knew the auxiliary had asked for specific equipment. Captain Boruchowitz said they did not think about that. They presented their needs based on an evaluation. He explained PSST had to be spent on new or upgraded technology , not replacing old, and that was where it came to the innovative things available to make their jobs better with the modern technology . Regarding the driving training simulator, Commissioner Strickland noted it was a reoccurring cost for Manhattan and the County as well as an initial cost. She asked what it would cost to have the driving equipment available on an annual basis Captain Boruchowitz said there would be a reoccurring cost for maintenance. He explained that as long as PSST was used to purchase the item then it could be used to maintain it. May 11, 2020 9. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2020-2021 Public Safety and Use Tax (PSST) plan for the Town of Pahrump-Cont'd. 13. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2020-2021 Public Safety and Use Tax (PSST) plan for the Town of Manhattan-Cont'd. 16. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2020-2021 Public Safety and Use Tax (PSST) plan for Nye County-Cont'd.

Commissioner Cox

said the annual service cost was almost $92 ,000.00 on the body dash cams and asked if that included any new equipment or was strictly to maintain the existing equipment. Captain Boruchowitz explained that included the warranty on the whole system, a refresh to upgrade all cameras to modern technology, and the most expensive cost was the server space for the cloud hosting .

Commissioner Strickland

made a motion for items 9, 13 and 16 to adopt the PSST plans; seconded by Commissioner Cox ; 5 yeas.

Sheriff Wehrly

said her office would also like to be able to share their range with the public, but they would have to have someone there full-time to make sure it was not left like the range on Bell Vista . May 11,2020 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 10. For Possible Action - Presentation, discussion and deliberation to: 1) Review and approve the Town of Beatty final budget assumptions for Fiscal Year 2020­ 2021; and 2) Set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2020-2021 final budget for the Town of Beatty. GABBS 11. For Possible Action - Presentation, discussion and deliberation to: 1) Review and approve the Town of Gabbs final budget assumptions for Fiscal Year 2020­ 2021; and 2) Set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2020-2021 final budget for the Town of Gabbs. MANHATTAN 12. For Possible Action - Presentation, discussion and deliberation to: 1) Review and approve the Town of Manhattan final budget assumptions for Fiscal Year 2020-2021; and 2) Set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2020-2021 final budget for the Town of Manhattan. SITTING AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT 14. For Possible Action - Presentation, discussion and deliberation to: 1) Review and approve the Pahrump Pool District final budget assumptions for Fiscal Year 2020-2021; and 2) Set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2020-2021 final budget for the Pahrump Pool District. Savannah Rucker explained there was no back-up included for these items because these budgets were not projected to have a deficit even though she applied the same assumptions to them as she did to the Town of Pahrump and the County. The public hearing date would be May 29,2020.

Commissioner Blundo

asked Mrs. Rucker why the County was butting right up to the deadline again .

Mrs. Rucker

said it was because of the COVID-19 crisis. She tried to get the town boards to approve their budgets before bringing them to the Board . The Department of Taxation's (DTAX) approval was needed on the tentat ive budgets before they were presented to the Board . On top of that there was legislation that identified the final budget must be heard between the first Monday and the last day in May. May 11, 2020 10. For Possible Action - Presentation, discussion and deliberation to: 1) Review and approve the Town of Beatty final budget assumptions for Fiscal Year 2020­ 2021; and 2) Set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2020-2021 final budget for the Town of Beatty-Cont'd. 11. For Possible Action - Presentation, discussion and deliberation to: 1) Review and approve the Town of Gabbs final budget assumptions for Fiscal Year 2020­ 2021; and 2) Set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2020-2021 final budget for the Town of Gabbs-Cont'd. 12. For Possible Action - Presentation, discussion and deliberation to: 1) Review and approve the Town of Manhattan final budget assumptions for Fiscal Year 2020-2021; and 2) Set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2020-2021 final budget for the Town of Manhattan-Cont'd. 14. For Possible Action - Presentation, discussion and deliberation to: 1) Review and approve the Pahrump Pool District final budget assumptions for Fiscal Year 2020-2021; and 2) Set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2020·2021 final budget for the Pahrump Pool District­ Cont'd.

Commissioner Blundo

said he would like to see a buffer in the future so the Board could make adjustments. John Bosta said an individual sent in an e-mail for public comment on Belmont's budget, but his e-mail was not read and Mr. Bosta felt it should be.

Commissioner Koenig

said the e-mail would be attached to the minutes [see Attachment 1].

Commissioner Strickland

made a motion for items 10, 11, 12 and 14 to set the date and time as May 29 ,2020, at 10:00 a.m.; seconded by Commissioner Wichman; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS FINANCE

Mrs. Rucker

then discussed the FY21 general fund budget revenue assumptions. CTAX was 38.1% of the FY21 general fund budgeted revenue. DTAX generated projections for the County and it was $17.465 million . Based on a weighted average form Applied Analysis she was only budgeting 91.9% of that estimate for a budget of $16 .05 million in CTAX . Property taxes and net proceeds were 41.4% of the FY21 general fund budget. DTAX's projections for property tax in the general fund only was $15.437 million and she was budgeting 100% of that as there was no expectation to see a COVID-19 impact so soon. Projections for net proceeds in FY21 was almost $2 million . As that was a volatile revenue source it would be transferred as an operating transfer out of the general fund to the capital fund . PILTwas 7.84% of the FY21 budget and she was budgeting 100% of the anticipated funding. Other revenue types were 12.66% of the FY21 budget and based on Applied Analysis' assessment of those revenue budgets she reduced that by 11.5% to account for the COVID-19 crisis. Total revenues for FY21 with the assumptions was $42 ,094 ,368.00 . Turning to the FY21 general fund budget expenditure assumptions , Mrs. Rucker said expenditure budgets were to remain status quo; there was no increase to head count or services/supplies budget ; overtime had been removed from all departments; partial miscellaneous overhead budget had been reallocated to multiple departments in the general fund to ensure proper oversight of contracts; step increases, longevity, shift differential, boot and uniform allowances were part of status quo ; and workers ' compensation costs would increase 15% on July 1, 2020, which had also been factored into all department budgets.

Mrs. Rucker

then discussed the FY21 general fund structural imbalance . The revenues pre-COVI D-19 were $44 .6 million. A revenue loss in the general fund was anticipated at $2.5 million, leaving FY21 estimated revenues post-COVID-19 of $42.094 million . Expenditures at status quo was $45.5 million , leaving a structural imbalance of $3.4 million . The expenditures at status quo included the transfers out of the general fund including net proceeds, the jail fund, subsidy provided by the general fund , OPEB, etc . Her recommendations were to eliminate the OPEB contribution from operating revenues of $250,000.00 ; reduce capital transfer for net proceeds to $299,381.00; and reduce services/supplies budgets in the jail fund and all general fund departments by 7.5%. Those adjustments would leave a deficit of $2.25 million. Additional budget adjustments included a hiring freeze and institution of a vacancy rate of 4.6% as well as employee concessions of $735 ,000.00 to net out the $3.4 million deficit. May 11, 2020 17. For Possible Action - Presentation, discussion and deliberation to: 1) Review and approve the Nye County final budget assumptions for Fiscal Year 2020-2021; and 2) Set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2020-2021 final budget for Nye County-Cont'd.

Commissioner Blundo

did not agree with cutting the OPEB contribution as so much work was put into that program and this would just kick it down the line . As to the hiring freeze , he said departments should feel free to come forward if there was a need .

Mrs. Rucker

said she could build into the budget utilizing net proceeds for the $250,000.00 by reducing the capital transfer out by that amount and still pre-fund OPEB .

Commissioner Koenig

liked that idea better.

Mrs. Rucker

said she would like to have quarterly budget meetings with the Board to identify the projections and the actual. If it was worse action could be taken and if it was better some of these items could be reconsidered. She wanted to reduce the general fund ending fund balance in FY21 by transferring $250 ,000.00 to the stabilization fund and $250 ,000.00 to the compensated absences fund to allow departments to hire if needed before accruals were realized . Future challenges included late property tax payments; slower than expected economic recovery resulting in declining assessed valuations ; increases in OPEB and other contractual liabilities ; and property, liability, workers' comp and other insurance rates would continue to climb . If the Board would like to take the OPEB out the motion should include funding it out of net proceeds.

Commissioner Wichman

made a motion to move the OPEB out and fund the $250 ,000 .00 from net proceeds and transfer $250 ,000 .00 out to the stabilization fund and $250,000.00 to the compensated absences fund; seconded by Commissioner Strickland. Sam Merlino talked about taking overtime out of all budgets. She said unfortunately during the election even if by mail she would have to be open additional hours and would require some overtime for her staff. She would try to flex but added she was losing a position on May 22, 2020 . Tim Sutton said the Sheriff's Office had a similar concern because removing all overtime would result in a significant loss of services .

Mrs. Rucker

said they understood there was a need for overtime. If the department heads were able to justify the overtime and explain to the Board that would justify the projected overage and then if revenues came in in excess it could be remedied .

Commissioner Blundo

wondered if making reductions to services/supplies of 10% would be a better balance. May 11,2020 17. For Possible Action - Presentation. discussion and deliberation to: 1) Review and approve the Nye County final budget assumptions for Fiscal Year 2020-2021; and 2) Set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2020-2021 final budget for Nye County-Cont'd.

Mrs. Rucker

said that would be about $200,000.00 in savings , which was not peanuts but the primary expense for local governments was salary/benefits.

Commissioner Strickland

said she would like to attempt to work within these mandates and look at it in a quarter and make more adjustments then .

Commissioner Blundo

felt it would be better to take proactive steps now and loosen up later and asked the Board to consider the 10% instead .

Mrs. Merlino

stated her budget was very frugal. A 10% decrease would mean a loss of personnel for her and she would then need overtime on a daily basis as she had nowhere else to cut.

Commissioner Strickland

made a motion to set the public hearing for 10:00 a.m. on May 29, 2020 ; seconded by Commissioner Blundo.

Commissioner Blundo

was concerned about setting a date and time so close to the end in case the Board wanted to have another hearing and felt a buffer needed to allowed going forward for two meetings .

Commissioner Koenig

asked where OPEB could be gotten from. May 11,2020 7. For Possible Action - Presentation, discussion and deliberation to: 1) Review and approve the Town of Pahrump final budget assumptions for Fiscal Year 2020­ 2021; and 2) Set a date, time, and location for a Public Hearing to formally adopt the Fiscal Year 2020-2021 final budget for the Town of Pahrump-Cont'd.

Mrs. Rucker

said the ending fund balance. The same hiring freeze for the town as the County and employee concessions of $187,782 .00 would balance the budget. As to the ending fund balance utilizations, there would be a transfer to capital fund marijuana revenues for an animal shelter as discussed in a prior meeting and a transfer to the capital fund for pre-approved projects to reduce the ending fund balance to $1.6 million. The ending fund balance could be utilized to cover the OPEB , but there would not be a balanced budget.

Commissioner Cox

asked if the $978,000.00 for fire department projects was already approved by the Board.

Mrs. Rucker

said Board approval was not listed so the item had not gone out to bid. It was just identified that the apparatus was failing and needed to be replaced so it was a place holder.

Commissioner Blundo

made a motion to approve with OPEB coming out of the ending fund balance as well as the recommended one-time transfers to the capital fund of marijuana revenues for the shelter of $427,850 .00 and to the capital fund pre-approved projects of $591 ,438 .00; seconded by Commissioner Strickland ; 5 yeas . SITTING AS THE BOARD OF COUNTY COMMISSIONERS 4. Commissioners'/Manager's Comments (This item limited to announcements or topiclissues proposed for future workshops/agendas)-Reopened. Regarding the Belmont budget, Savannah Rucker explained it did not have a property tax rate like the other towns. It was part of the County general fund tax rate so that was where they saw their services from .

Commissioner Strickland

advised the Building Department would continue to accept permits submitted electronically when it reopened to the public. She asked other departments to implement things that would make it easier and faster for their staff and the public.

Commissioner Blundo

implored the unions to come to the table and asked the County Manager to develop a list of where cuts would be made first. Sam Merlino advised the Secretary of State would hold a live question and answer on Facebook at 3:00 p.m. today regarding the mail-in ballot process . May 11,2020

Mr. Basta

advised Mr. Jones pointed out Ordinance 194 adopted on July 18, 1996, created the Town of Belmont. Section 5 of that ordinance stated the Board shall solicit the advice of the Belmont Advisory Board in preparation of the tentative budgets for the County related to the expenditures of the community of Belmont. NRS 250 stated the same thing. While the Comptroller stated there was no tax rate for Belmont because the budget was not submitted to DTAX, Mr. Basta pointed out if a budget was submitted to DTAX a tax rate would be set. He did not understand why the Board continued to ignore their ordinance which said they would prepare a budget for Belmont.

Commissioner Koenig

adjourned the meeting. ATTEST: ,2020 . PUBLIC COMMENT FOR MAY II, 2020 NYE COUNTY BoCC MEETING Nye County Commissioners: Pursuant to the State of Nevada Executive Department Declaration of Emergency Directive 006, section 2, I submit this public comment via e-mail and ask that it be read at the first public comment section (item # 6) and be included in the minutes of the meeting. Please explain, that siting as the governing body of the unincorporated towns of Beatty, Belmont, Gabbs, Manhattan and Railroad Valley, why is there no item to review and approve the Town of Belmont final budget assumptions for Fiscal Year 2020-2021 ? Pursuant to Assembly Bill No.19 of the 2015 Legislative Session the public hearing of the tentative budget must be held not sooner than the third Monday in May and not later than the last day in May. May 18-31 for FY21. July 18, 1996 by Bill No. 96-08, Nye County Ordinance No. 194; an ordinance establishing an adv isory board to the Nye County Board of Commissioners, for the purpose of advising the Board of Commissioners regarding the concerns of the community of Belmont. • Section 5. Participation in budget and ordinances {or Belmont A. The Board shall solicit the advice of the Belmont Advisory Board in preparation of the tentative budgets for the County, as they relate to expenditures designated for the community of Belmont. NRS 269 .590 Participation in budget and ordinances for town. • The board shall: (a) Solicit the advice of the town advisory board in the preparation of the tentative budget for the town affected . • We tax-paying property owners in Belmont are assessed, and have to pa y, ad valorem taxes at a rate of3.3436, which is in excess of the County general rate of3.0518 . • There exists an NRS 269 Town Advisory Board for the unincorporated town of Belmont whom annually requests, and receives, reimbursements, funds and materials from Nye County for supplies, maintenance and upkeep, etc. of item s in Belmont. • The Town of Belmont purchased and is listed as the owner ofa number of properties in Nye County. • Nye County can donate $50,000 of taxpayer money to a private organization to perform work on a County-owned building, the Courthouse, within Belmont. The work on this County-owned building continues. • The Belmont Town Advisory Board has not held a public meeting since September 14, 2019. The unincorporated Town of Belmont has no budget, has never had a budget and no audit (NRS 269 .615) of any of its records has ever been conducted . Please explain why these State mandates are not followed and adhered to. Respectfully submitted, Neal Jones Belmont property owner njones14791 @gmail.com