Public meetings / Board of County Commissioners
June 30, 2020
65 turns, 65 with a named speaker, under 11 agenda items. The words and the names are the county clerk's.
Attendance
Commissioner Wichman
was present via telephone.
Commissioner Cox
was not present at this time.
3. Ex-Parte Communications and Conflict of Interest Disclosure Statements
Commissioner Strickland
stated she was a sitting Nye County Commissioner, the owner of Strickland Construction, T&M Group Realty and Lakeside Storage. She was a licensed well drilling, pump setting, septic system contractor, along with a realtor/broker of water rights and other items for homes and had been for the last 26 years. June 30, 2020
4. Commissioners’/Manaqer’s Comments (This item limited to announcements or
Commissioner Blundo
expressed his dismay with the Governor extending phase two until the end of July and said he disagreed with the directive for mandatory face masks.
6. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.)
Mr. Petell
said he saw a picture from the Pahrump Valley Times on Facebook depicting a protest against masks. There was a pact headed by Mrs. Blundo who claimed 100 people showed up, but he did not see anything.
Commissioner Blundo
stated he had zero involvement with the No Mask Nevada Pact and no knowledge of it.
Commissioner Cox
was present via telephone. Melissa Blundo said she formed the No Mask Nevada Pact in protest of the Governor’s unconstitutional mandate for everyone to wear face masks. More information could be found at nomasknevada.com.
7. 10:00 a.m. For Possible Action Presentation, discussion and deliberation
Commissioner Blundo
said the County had a lot of good practices and asked why everything was going up.
Mr. Rossi
said he was seeing a tightening of what would be offered at the reinsurance level, which was where POOL renewed their program. For their renewal POOL had to swap up multiple carriers because of unfavorable renewal results, but that still resulted in a 10% increase to the program. Also, movements in the international community forcing companies to cover COVID claims would cause additional burdens on the reinsurance side.
Commissioner Blundo
asked POOL to speak to the limited use of the Sheriff’s Office. Michael Rebaleati, Chief Operating Officer for POOL/PACT, explained 90% of the entire program was accomplished and negotiated before the COVID situation started. They would take great efforts during the next year to address the County’s questions and concerns. He said to react to activity changes in a month took some time, but they were addressing it.
Commissioner Blundo
said he would entertain the $25,000.00 or $50,000.00 deductible as long as the difference was saved to protect the taxpayers’ dollars in the future.
Commissioner Blundo
made a motion to renew the proposal from POOL/PACT for fiscal year 2020-2021 selecting the coverage package of a $50,000.00 maintenance deductible and $822,000.05 premium; seconded by Commissioner Wichman.
Commissioner Blundo
said he would like a report every quarter from POOL/PACT.
9. 10:00 a.m. For Possible Action Public Hearing, discussion and deliberation
Commissioner Strickland
opened and closed the public hearing.
Commissioner Blundo
said his biggest concern was ratifying the captain’s position which was contingent on jail funding. He wondered what would happen to that position if the ICE contract was lost and the jail funding went away. Tim Sutton said he knew the other deputy positions exclusively funded through the jail fund would go away. He had not discussed the issue with Captain Boruchowitz, but if that was a deal breaker for the Board Mr. Sutton could discuss that with him. Captain Boruchowitz said there was no discussion from a union standpoint. If a position was eliminated because of funding the current collective bargaining agreement stated if there was a layoff due to funding the layoff procedure would be utilized. If the ICE contract was gone and the captain’s position was laid off as a result, then that provision would take effect and he would be able to pump a lieutenant of lower seniority. Captain Boruchowitz explained the concessions were giving up of the uniform allowance for this year and each paycheck the membership would write a check to the County to help deal with the COVID anticipated losses. There was a provision however that if things were better than anticipated they would be reimbursed those losses.
Commissioner Blundo
made a motion to adopt the Nye County Association of Sheriffs Supervisors agreement and include the reporting of the fiscal impact; seconded by
Commissioner Wichman
; 4 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP
10. 10:00 a.m. For Possible Action Presentation, discussion and deliberation
Commissioner Blundo
asked if this was solely property insurance and those employees were covered separately.
Mr. Rossi
said anyone in the course and scope of their positions in Pahrump would be covered for liability.
Commissioner Blundo
made a motion to renew the proposal for the Town of Pahrump from POOL for fiscal year 2020-2021 with a maintenance deductible of $2,000.00 and a premium in the amount of $133,053.30; seconded by Commissioner Wichman; 4 yeas.
11. For Possible Action Discussion and deliberation to: 1) submit a Notice of
Commissioner Cox
said the County could be insured through the State like everyone else in business which was what she wanted staff to look into and get a quote.
Commissioner Blundo
made a motion to submit a Notice of Withdrawal for Workers’ Compensation Services for the Town of Pahrump to the Nevada Public Agency Insurance Pool and submit an Application for Authority to Self-Insure for Workers’ Compensation for the Town of Pahrump to the State of Nevada Department of Business and Industry Nevada Division of Insurance; seconded by Commissioner Cox; 4 yeas. June 30, 2020 SITTING AS THE BOARD OF COUNTY COMMISSIONERS COUNTY MANAGER
15. For Possible Action Discussion and deliberation to: 1) submit a Notice of
Commissioner Blundo
made a motion to submit a Notice of Withdrawal for Workers’ Compensation Services for Nye County to Nevada Public Agency Insurance Pool and submit Application for Authority to Self-Insure for Workers’ Compensation for Nye County to the State of Nevada Department of Business and Industry Nevada Division of Insurance; seconded by Commissioner Cox; 4 yeas. FINANCE
20. For Possible Action Discussion and deliberation regarding the budget
Commissioner Blundo
asked if anything had been done to recoup the Storm Area 51 funds. Emergency Management Director Scott Lewis said he authored a letter and it was signed off on by the County Manager. The last pieces of the financial components were being finalized. Tim Sutton added they were waiting on invoices from other entities that were involved. 17. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject budget transfer of appropriations between functions within Nye County Funds. Savannah Rucker explained the first page of the back-up was the County’s general fund budget status update report, which showed how all departments were projected to end the fiscal year if the budget transfer between functions was approved. No departments were projected to be overspent based on the budget movements. She said since the County had no additional revenues to augment and rectify budget issues, the goal of this item was to have no department over budget, no function over budget, and the use of available funding from departments that ceased operations for many weeks as a result of COVID and had more funding than they typically would at this time of the year. Treasurer John Prudhont advised the net excess proceeds from tax year sales were held in trust for a year after the sale happened. Once all excess proceeds claims had come in and that year had passed that particular year’s net excess proceeds would be deposited into the general fund for the next fiscal year.
Mrs. Rucker
reviewed which departments were given funding and which departments were giving up funding. She noted that this was for FY20 only.
Commissioner Blundo
said there had been concerns from the courts regarding removing funds from their budget. June 30, 2020 17. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject budget transfer of appropriations between functions within Nye County Funds-Cont’d.
Mrs. Rucker
advised she contacted Judge Jasperson this morning and explained what was going on with the budget. She thought it was misconception that it was a reduction of funding for the next fiscal year. She told him if he planned on spending the $45,000.00 today then it would be a problem, however, if he had not utilized it yet and his department was not projected to be over budget the goal was to not have any department or function over budget because then the Board had to explain that to the Department of Taxation. Judge Jasperson seemed amenable to that explanation.
Commissioner Blundo
asked about the district court and its budget.
Mrs. Rucker
said she had not spoken with Judge Wanker, but she did receive a letter stating that the Board could not direct how the judge utilized the funds as assigned to the department. Mrs. Rucker understood that concern, however, she said that department typically under-utilized the budget they had available to them.
Commissioner Strickland
pointed out it was only $6,500.00, which Mrs. Rucker said was less than 1% of the total budget.
Commissioner Blundo
asked staff to contact Judge Wanker to let her know this issue was being discussed if she would like to participate.
Commissioner Blundo
made a motion to table the item until Judge Wanker arrived; seconded by Commissioner Wichman; 3 yeas. Commissioner Cox was not present. SHERIFF 14. For Possible Action Discussion and deliberation to issue a Display Fireworks Event Permit to the Lund Volunteer Fire Department for an Aerial display at their Annual Fourth of July Event on Saturday, July 4, 2020. This event is being held at the Currant Creek Community Center, 689 Fire Station Road in Currant Creek, NV. William Hendrix Applicant.
Commissioner Wichman
made a motion to approve; seconded by Commissioner Blundo; 5 yeas. June 30, 2020 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY TOWN OF GABBS 12. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Town of Gabbs Resolution No. 2020-01: A Resolution to Augment and Amend the 201 9-2020 Budget of the Town of Gabbs, County of Nye, State of Nevada.
Commissioner Wichman
made a motion to adopt; seconded by Commissioner Blundo; 4 yeas. 13. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2020-2021 Sheriff’s Office Public Safety Sales and Use Tax (PSST) plan for the Town of Gabbs.
Commissioner Wichman
made a motion to adopt; seconded by Commissioner Blundo; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS FINANCE 19. For Possible Action Discussion, deliberation and direction to staff to repay the temporary Fiscal Year 2019-2020 interfund loan between Nye County Grants Fund and Nye County General Fund totaling $1,000,000.00 Savannah Rucker explained one of the audit findings in FY18 was the grants fund was operating with deficit cash in bank balances. To deal with that audit finding the County loaned itself $1 million from the general fund to the grants fund. This action would pay back the loan as directed under NRS.
Commissioner Blundo
made a motion to approve and direct staff to repay the temporary interfund loan; seconded by Commissioner Wichman. Treasurer John Prudhont asked how much of the $1 million was actually used to cover grants that were waiting reimbursement.
Mrs. Rucker
said grants were reimbursed regularly. The value would be the total expenses in the grants fund throughout the fiscal year.
Mr. Prudhont
wondered if $1 million was reasonable based on the past year.
Commissioner Strickland
knew of $650,000.00 in grants the County would get and was sure another $400,000.00 could be found. June 30, 2020 19. For Possible Action Discussion, deliberation and direction to staff to repay the temporary Fiscal Year 2019-2020 interfund loan between Nye County Grants Fund and Nye County General Fund totaling $1,000,000.00-Cont’d.
Mrs. Rucker
advised $1 million was the best information they had for this loan.
Commissioner Cox
was not present.
Commissioner Strickland
commented all departments were in the same predicament. Judge Wanker disagreed as they were a different branch of government and the law said the County must fund the judicial branch but not interfere with the operation of the judicial branch as that violated the separation of powers. She did not believe the County could remove any money from the judicial branch.
Commissioner Strickland
asked if there was another route to go. Savannah Rucker said it could potentially be moved to the other judicial department but without further analysis she would be willing to absorb the $6,500.00 out of her department.
Commissioner Blundo
made a motion to amend and adopt with the Comptroller’s budget absorbing the $6,500.00 from the Fifth Judicial Court; seconded by
Commissioner Wichman
; 4 yeas. June 30, 2020 16. For Possible Action Discussion and deliberation to: 1) Determine if sufficient financial resources are available to increase the compensation of elected county officers pursuant to NRS 245.043(5); and 2) Determine if sufficient financial resources are available to increase the compensation of the Board of County Commissioners. Tim Sutton explained pursuant to NRS there were automatic raises built in for elected officers as well as the Commissioners which went into effect absent any Board action to the contrary. He said this had been revisited a couple of times for two reasons. One was the “me too’ clause in the NCEA agreement, which provided if the Commissioners found there were sufficient resources for the elected officers to get their raise that triggered a reopener for the NCEA to request additional compensation. It was a little different with the Commissioners as they could elect to not take the salary increase and the reopener in the “me too” clause for that stated the NCEA members would receive a cost of living increase based on the CPI not to exceed 3%. Savannah Rucker said when she prepared the tentative budget staff was still figuring out how to deal with COVID. When the final budget was generated she was unable to budget for the raises because of the structural imbalance of the FY21 budget.
Commissioner Strickland
noted it was about $26,559.00 of an increase and asked what kind of impact it would have with the bargaining unit.
Commissioner Blundo
said the Commissioners were the lowest paid employees who did not get steps or COLAs. He expressed his frustration with the “me too” clause and said it needed to come out of the agreements. Assuming a 3% CPI Mrs. Rucker said the ballpark estimated impact to the general fund alone would be about $350,000.00.
Mr. Sutton
added that was the worst-case scenario as the clause said up to 3%.
Commissioner Blundo
asked what the long-term ramifications were if the Board elected to take it as it was automatic.
Mrs. Rucker
explained a cost of living increases would compound year over year and it would increase because of step increases and longevity.
Mr. Sutton
said that was one of the concerns. The ending fund balance was relatively healthy, but staff did not want to commit to ongoing obligations when the revenue stream was shot. Treasurer John Prudhont felt it was important to compensate the officials, the Commissioners, and other managers in a competitive manner. Salaries for elected June 30, 2020 16. For Possible Action Discussion and deliberation to: 1) Determine if sufficient financial resources are available to increase the compensation of elected county officers pursuant to NRS 245.043(5); and 2) Determine if sufficient financial resources are available to increase the compensation of the Board of County Commissioners-Cont’d. officials had been frozen since the 201 7-2018 fiscal year. During the past three years there had been a dramatic improvement in the economy and revenue for the County .
Mr. Prudhont
said it was vitally important to increase compensation for all elected officials to ensure the County did not lose any of them. Assessor Sheree Stringer echoed Mr. Prudhont’s statements. She said this would be the fourth year that the elected officials had not received an increase. She would never begrudge her staff getting their just cause, but she said there came a time when the Board needed to recognize what the elected officials did. Melissa Blundo said the Commissioners’ jobs were 24/7 and it blew her mind that they were the lowest paid employees. She asked if it was a decision of the previous Distric t Attorney in negotiations with unions that the Commissioners could not take their raise because it triggered COLA for the rest of the County.
Mr. Sutton
did not think it was accurate that it was the decision of the District Attorn ey but rather a contract negotiated under the prior District Attorney.
Mrs. Blundo
felt it would be prudent to have a Commissioner involved with those negotiations
Commissioner Blundo
said the choice was painful and he did not like this item becaus e of poor contract negotiations that happened previously.
Commissioner Cox
said she could see it both ways, but she did not like being blackmailed by the unions when the Commissioners were low men on the totem pole. On the other hand, she said the Commissioners took the job knowing it was not great pay.
Commissioner Blundo
made a motion to 1) determine there were insufficient financial resources available to increase the compensation of elected County officers pursua nt to NRS 245 and 2) determine that insufficient financial resources were available to increase the compensation to the Board of County Commissioners; seconded by
Commissioner Wichman
; 4 yeas. June 30, 2020 8. 10:00 am. For Possible Action Public Hearing, discussion and deliberation regarding a request to adopt, amend and adopt, or reject Nye County Resolution No. 2020-21: A Resolution Authorizing a Temporary lnterfund Loan for Fiscal Year 2020-2021.
Commissioner Blundo
made a motion to adopt Resolution No. 2020-21; seconded by
Commissioner Strickland
opened and closed the public hearing.
Commissioner Cox
asked if there was documentation of the statistics. Chief Lewis said he had written documentation on contact COVID positive cases which was not for distribution due to HIPPA. Tim Sutton asked Commissioner Cox to send him an e-mail with what she was looking for to determine if it was feasible.
Commissioner Blundo
wished everyone a happy Independence Day.
Commissioner Strickland
said on Friday between 11:00 a.m. and 2:00 p.m. Pete’s Meats would be at Petrack Park to acknowledge emergency services and the Sheriff and deputies and thank them for their service.
22. ADJOURN
Commissioner Koenig
adjourned the meeting. APPROVED this ATTEST: e1 /& c4?C N (2
Chair Nye
Couy Clerk I Deputy