May 3, 2021

Commissioner Cox

was present via telephone.

Commissioner Carbone

asked for an agenda item for the County to put together a legal battle to fight the mask mandate.

Commissioner Blundo

thanked the Board for its previous support and for wanting to move forward with that type of agenda item. He told Tim Sutton the Commissioners had heard what he had to say on the issue and had taken it into consideration. The Board voted 5-0 to go in a direction, which was crystal clear. Commissioner Blundo asked the County Manager to follow the directions or tender his resignation and the Board would find someone who would.

Commissioner Strickland

said the Board would take action to see what the legal battle looked like to fight the Governor’s and the federal mandates in place. She would not May 3, 2021 2. Commissioners’/Manager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’ d. appreciate Mr. Sutton rendering his resignation. The District Attorney would review it again, who already opined the County had no right to de-mask.

Mr. Sutton

thanked the Board for the efforts made in trying to remove the mask mandate and he knew it was something the constituents were asking for. Unfortunately it was ultimately deemed as something that exceeded the Board’s authority. The mask mandate remained in effect and as the CEO of the County it was Mr. Sutton’s responsibility to implement it. He asked the public to put masks on when on County and town property and for that reason there could not be two different standards for the public and the Commissioners. He pointed out there was currently a Commissioner without his mask on and he asked Commissioner Blundo to put it on or exit the building.

Commissioner Blundo

said he had an exemption, which he had publicly stated. He said

Mr. Sutton

was attempting to put something in place that somebody either had to wear a mask or face shield, which the mandate did not include. He also thought the Sheriff’s Office was not enforcing anything.

Commissioner Carbone

said the only way the County was going to fight this properly was to take it to court. He hated the mask himself, but he did not want to bicker about whether the Board had the authority or not.

Commissioner Strickland

asked Michelle Nelson what direction the Commissioners received in writing from the District Attorney’s Office regarding this matter.

Ms. Nelson

said the Board received multiple legal opinions on the mask mandate. The final opinion came after the Board’s action and summarized both the Nevada Constitution as well as the NRS that the Board did not have the authority to do away with the mask mandate. Regarding the transition plan, Ms. Nelson said there was a letter from the Governor dated April 27, 2021, which approved the transition plan except for the mask mandate. It stated as a reminder the requirement of all Nevadans to wear a mask remained in place as set forth in Directives 24 and 28. The transition plan was approved subject to the mask mandate staying in place.

Commissioner Strickland

said that was correct and she was unsure why this conversation was being held again. There was a directive that a mask must be worn inside of town and County buildings, but there was a sitting Commissioner that refused to do so. The Board had been told by the District Attorney’s Office that this was not something the Board could do and Commissioner Strickland said being in this position was getting really old.

Commissioner Cox

said she would also like to see an item on the agenda and have it pursued to the Supreme Court because there was precedence and caselaw out there. She also pointed out this would not apply to the businesses. May 3, 2021

Commissioner Strickland

advised the directors directed yEA, not the Board.

Commissioner Blundo

suggested Ms. Cullen talk with the County Manager and Mark Stallings to see if a resolution could be found for her issues specifically. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP FINANCE

Commissioner Carbone

disclosed his wife was the animal shelter manager as an unpaid employee.

Mrs. Rucker

continued her review by discussing the FY22 transfers and contingency of $2.3 million, the capital improvement listing, and the general fund budget summary. There was $599,277.00 of funding available for department requests. May 3, 2021 SHERIFF 6. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2021 -2022 Public Safety and Use Tax (PSST) plan for the Town of Pahrump. Captain David Boruchowitz presented their PSST plan for the Town of Pahrump. The recurring costs included things like wireless in the vehicles, dashcam body footage, fingerprint machine maintenance, STAR chase tracker maintenance, and automotive simulator maintenance. He outlined the items they were asking to use the remainder of the money on, such as additional treadmills in the dispatch center as when requested previously the formula was incorrect; outfitting of a large amount of deputy vehicles to limit liability; a new technology through Clear which would allow for public records searches as well as access to historical license plate records; a commercial refrigerator for evidence storage; an interview room evidence system; a digital pill counter; payme nt of a portion of an IT employee salary due to new technology; redaction software for dash and body cameras; motion software to allow devices to access the network without compromising network security as well as a server for it; classroom recording hardware/software; flare spotlights for all patrol vehicles; crime scene cameras; and drone integration software.

Commissioner Strickland

pointed out the budgeted revenue was $1 .8 million but less than $600,000.00 was being spent. She asked Savannah Rucker for clarification.

Mrs. Rucker

said that was just in services/supplies. There were positions associated with this particular fund as well. The request and the positions were within budget.

Commissioner Blundo

said he supported law enforcement, but he did not like the automatic license plate reader and asked Captain Boruchowitz to expand on that. Captain Boruchowitz clarified this was not to purchase automatic license plate readers for the Sheriff’s Office. It was to get the software to access the database already being created by the world. A fugitive search could be done on that database if the license plate of the vehicle was known.

Commissioner Blundo

made a motion to adopt the FY2021-2022 Public Safety and Use Tax plan for the Town of Pahrump; seconded by Commissioner Carbone; 5 yeas. BUILDINGS & GROUNDS 7. Presentation and discussion of departmental budgetary requests for Fiscal Year 2021 -2022. Jimmy Martinez presented his request for a new staff member. With Kellogg Park coming on-line along with another fire station by the end of the year there would be a May 3, 2021 BUILDINGS & GROUNDS 7. Presentation and discussion of departmental budgetary requests for Fiscal Year 2021 -2022-Cont’d. need for that position. He said currently he had a crew of 13 who maintained four parks and over 12 buildings as well as special events.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Carbone. Tim Sutton noted the item was listed as presentation only so there was no need for a motion. PAHRUMP VALLEY FIRE & RESCUE 8. Presentation and discussion of departmental budgetary requests for Fiscal Year 2021-2022. Fire Chief Scott Lewis said he was not requesting anything additional on either the fire or EMS side. There were just modest increases in general line items.

Commissioner Blundo

asked him to explain the overtime. Chief Lewis stated he could not predict future vacancies or other issues so the request was to have the money placed as shown today for the Board’s consideration.

Commissioner Blundo

asked how he planned to mitigate that situation in the future. Savannah Rucker explained if there were vacancies there would be regular budget savings as there would not be regular budget costs, but it would drive the overtime up. She said it was hard to predict the need.

Commissioner Carbone

asked if volunteers would help reduce the issue. Chief Lewis said they did and did not. Volunteers would not help with the contractual obligations, but they did offset on an all-hands call. It was unpredictable and with Clark County opening up people may leave who would have to be replaced.

Commissioner Jabbour

asked how many people left the department prior to the pandemic. Chief Lewis explained it depended on who was hiring and how many they were hiring. If Las Vegas Fire Rescue said they trying to hire 75-100 people they would actually solicit his guys as they were well seasoned and would not need training. There was also a better pay rate, better benefits, and better equipment there. May 3, 2021 PAHRUMP VALLEY FIRE & RESCUE 9. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2021-2022 Public Safety and Use Tax (PSST) plan for Pahrump Valley Fire & Rescue. Fire Chief Scott Lewis said there were some recurring expenses associated with the rover positions, which was a method for reducing overtime costs and had worked well. Another career position was a partial salary for a client support person from IT, which would be the fire department’s cost to IT. Most of the recurring costs were IT related, including the SNACC system, the server, connection fees, net motion, radio usage fees and MDT requirements for each mobile. The requests were for additional suppression, forced entry, lights, and other loose equipment for the apparatus; propane detectors; turnout lockers; thermal imaging cameras; personal protective equipment of additional gloves and hoods; a fire master stream extension; telescoping portable scene lights; and mobile portable radios,

Commissioner Blundo

pointed out the number of staff was not indicated and asked why it was not included. Savannah Rucker said the value for those six positions was $755,000.00 with the total PSST plan at $887,505.00, and it was just an oversight that information was not included Janice Cullen said she asked the chief if he get could new ambulances with air ride to transport people because she was in worse shape when she got out of an ambulance then went she went into it. She did not hear the chief ask for new ambulances or the air ride. Chief Lewis explained the air ride was very expensive and would be a capital purchase not to be addressed in the PSST.

Commissioner Carbone

made a motion to adopt; seconded by Commissioner Blundo; 5 yeas. 10. For Possible Action Presentation, discussion and deliberation to review and approve the Town of Pahrump final budget assumptions for Fiscal Year 2021- 2022-Reopened. Savannah Rucker displayed a worksheet showing total available funding for the Town of Pahrump for FY22 of $599,277.00. As to the items requested, she clarified that two of the overtime requests would come out of the ambulance fund and the PSST fire fund.

Commissioner Blundo

made a motion to approve the groundskeeper; seconded by

Commissioner Carbone

; 5 yeas. May 3, 2021 10. For Possible Action Presentation, discussion and deliberation to review and approve the Town of Pahrump final budget assumptions for Fiscal Year 2021- 2022-Reopened-Cont’d. That vote reduced the available general fund balance to $373,703.00.

Commissioner Carbone

made a motion to approve the 25101 overtime request; seconded by Commissioner Jabbour; 4 yeas. Commissioner Blundo voted nay.

Commissioner Blundo

explained he voted against it because he did not feel he received an adequate answer about the overtime and that things could be done to reduce it.

Commissioner Carbone

made a motion to approve the overall funding profile; seconded by Commissioner Jabbour; 4 yeas. Commissioner Blundo voted nay. SITTING AS THE BOARD OF COUNTY COMMISSIONERS DISTRICT COURT

Commissioner Carbone

said there were other departments involved and he understood where Judge Wanker was coming from, but the question was if somewhere along the line she needed a position.

Commissioner Strickland

said the Judge wanted an executive legal secretary.

Commissioner Carbone

did not think this item was agendized correctly.

Mrs. Rucker

said the public hearing for the final budget was set for May 18, 2021, but if the departments were reassigned and positions were moved it may just be a budget reassignment. She said she needed to know a direction before the impact could be determined and how to budget that. Judge Wanker stated she needed to get the clerk of the court and the assistant clerk of the court now as there was a lot to get done before July 1, 2022. There was discussion about having a special meeting to discuss the court administrator and assistant court administrator positions.

Commissioner Blundo

thought the judge was frustrated the position was getting billed back to drug court. Judge Wanker said the drug court coordinator left, so a secretary was put in that position and the secretary vacancy was never filled.

Mrs. Rucker

explained because this position worked for drug court it was charged back to drug court. This agenda item was asking for direction for this position. If the judge May 3, 2021 26. For Possible Action Discussion and deliberation regarding the funding source breakdown related to the District Court Department I Executive Legal Secretary position for the Fiscal Year 2021 -2022 budget-Cont’d. would like to ask for a position of a drug court coordinator the judge could bring back an agenda item to ask for that.

Commissioner Strickland

asked Judge Wanker what she would do with the drug court money, to which Judge Wanker replied buy vehicles because they went out seven days a week.

Commissioner Carbone

made a motion to approve the position of legal secretary to be funded 100% out of the general fund; seconded by Commissioner Blundo.

Commissioner Jabbour

asked who was doing the workload in Tonopah since that employee retired. Judge Wanker said her one secretary had picked up that work.

Commissioner Cox

was not present. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, GABBS, MANHATTAN, AND RAILROAD VALLEY MAN HATTAN 11. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2021 -2022 Public Safety and Use Tax (PSST) plan for the Town of Manhattan.

Commissioner Blundo

made a motion to adopt the FY2021-2022 Public Safety and Use Tax plan for the Town of Manhattan; seconded by Commissioner Carbone; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS May 3, 2021 SHERIFF 21. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject the Fiscal Year 2021-2022 Public Safety and Use Tax (PSST) plan for Nye County.

Commissioner Blundo

made a motion to adopt the FY2021-2022 Public Safety and Use Tax plan for Nye County; seconded by Commissioner Carbone; 4 yeas. FINANCE

Commissioner Jabbour

noted the new position would specifically help with room tax receipts.

Mr. Prudhont

said yes. The room tax collection and some of that process was not being done according to NRS requirements and local ordinances. That had since been changed and his office had been working diligently to follow up on that, but there were certain aspects where he did not have the staff to perform the service, one of which was an audit function. This additional employee would assist in that. COUNTY MANAGER 24. Presentation and discussion of departmental budgetary requests for Fiscal Year 2021-2022. Savannah Rucker said this item was for miscellaneous overhead, which included a variety of expenses managed by multiple departments. Samantha Tackett presented her request for a travel budget for members of the Peace Officer Advisory Review Board who may need to travel out of town, which the County was required to pay, as well as a budget for a fleet car wash. A partnership had been established with the Sheriff’s Office for the car wash and the cost would be for the supplies. Sam Merlino presented her request for postage for elections. She explained a lot more notices were sent last year due to legislation and many of the notices needed return postage. Over 7,000 failure to vote notices were sent out after the recent election which needed to included postage-paid envelopes which was $7,000.00. Her office was also doing clean-up and another 1,000 notices had been sent for that.

Commissioner Blundo

asked why the no postage due program was not being used.

Mrs. Merlino

advised business reply postage was used during the election, but if she started using a business reply the envelopes would have to be pre-printed so she was not sure where the savings would be. May 3, 2021 COUNTY MANAGER 24. Presentation and discussion of departmental budgetary requests for Fiscal Year 2021 -2022-Cont’d.

Mrs. Rucker

said she would look into the business reply postage and get back to

Commissioner Blundo

. FACILITIES 25. Presentation and discussion of departmental budgetary requests for Fiscal Year 2021 -2022. Buildings and Grounds Manager William Allen presented his request for three positions, two groundskeepers, one each in Tonopah and Pahrump, and one maintenance tech II for Tonopah. They were positions that were vacated in the past and/or transferred and never re-filled due to the budget.

Commissioner Carbone

disclosed his son worked for Buildings and Grounds. DISTRICT ATTORNEY 19. Presentation and discussion of departmental budgetary requests for Fiscal Year 2021-2022. Michelle Nelson presented the District Attorney’s Office’s request for two new positions, an executive legal secretary II and an investigator, which would give their office some of the staff needed in order to do what the District Attorney’s Office was committed to do. INFORMATION TECHNOLOGY

Sheriff Wehrly

presented her request for personnel due to unfunded mandates. She explained a lot of admin people were lost in the buy-out and a lot of those positions were not filled. She also lost a lot of people in 2015 when the jail was closed, but not deputies. In order to pay for the amount of money the County needed to save she cut a lot of admin people who had not been replaced. Her office was at the point now where they absolutely needed admin people. Captain David Boruchowitz said during October, 2020, Nevada implemented the National Incident Based Report System (NIBRS) to report crime data to support the national program with emphasis on capturing finite crime data. That change increased their workload four-fold. Using Lyon County as an average, he stated Lyon had 82 deputies generating 480 case files a month and two individuals working full time to report that data. In comparison Nye had 81 patrol deputy positions with 13 presently vacant leaving 68 deputies generating reports daily equating to approximately 375 case files a month with no full-time NIBRS person assigned. Additionally, a new unfunded mandate was being considered by the Legislature regarding use of force which would also increase the workload substantially. The State also changed the sex offender registration reporting requirements and increased the Sheriff’s Office’s responsibilities in May 3, 2021 SHERIFF 20. Presentation and discussion of departmental budgetary requests for Fiscal Year 2021 -2022-Cont’d. relation to sex offenders and their registration by more than two-thirds based on when they had to register.

Commissioner Blundo

asked about the overtime budget. Captain Boruchowitz stated he did not know the presentation today would ask for another $800,000.00 from their budget and they had a lot of overtime, although this year it was down substantially. With 13 vacancies it was virtually impossible to run the agency. Some employees were working seven or eight days straight or 20 or 30 hours straight. Even if fully staffed Captain Boruchowitz said they would include overtime because they were required to go and the CBA required they be paid. The $400,000.00 requested was based on this year. The deputies in the academy would be out later in 2021 and whatever was lost between now and then would put the office back in a deficit. FINANCE 27. For Possible Action Discussion and deliberation to set the cost sharing rate for Fiscal Year 2021-2022 for all funds legally available to contribute towards the Nye County Risk Management Policy at 2.75% of each fund’s budgeted revenues. Savannah Rucker explained the County had been paying for risk management and this policy would institute a cost sharing plan for all entities under the Nye County umbrella. The risk management cost share rate for FY21 was 4% of revenues in each fund legally available to share. The total program budget for FY22 was $2,773,890.00 with a 2.75% rate for all cost sharing funds, but there was only $1,709,138.00 in funding available for FY22.

Commissioner Blundo

made a motion to set the cost-sharing rate for FY2021-2022 for all funds legally available to contribute to the Nye County Risk Management Policy at 2.75% of each funds’ budgeted revenues; seconded by Commissioner Carbone; 4 yeas. 28. For Possible Action Presentation, discussion and deliberation to review and approve the Nye County final budget assumptions for Fiscal Year 2021 -2022- Reopened. The Commissioners discussed the requests made working with a live budget spreadsheet displayed by Savannah Rucker. The total available funding for general fund requests was $794,767.00 with the Public Works requests taken from the road fund. ______day May 3, 2021 28. For Possible Action Presentation, discussion and deliberation to review and approve the Nye County final budget assumptions for Fiscal Year 2021-2022- Reopened-Cont’d.

Commissioner Blundo

made a motion to approve the client support tech out of the general fund; the assistant planning director with 25% out of the general fund; the services/supplies for Planning; the groundskeepers for Tonopah and Pahrump out of the general fund; the maintenance worker tech II out of the capital fund; the property appraiser and mapping clerk out of the general fund; the deputy treasurer; the travel budget; the operating expenses for a car wash; postage out of the general fund; the executive legal secretary II out of the general fund; the admin tech out of the general fund; and put the remaining $229,884.00 into contingency; seconded by Commissioner Carbone; 4 yeas.

Commissioner Blundo

made a motion to approve the seven Public Works position to reside in the road fund totaling $522,508.00; seconded by Commissioner Jabbour; 4 yeas.

Mrs. Stringer

put in the justification for a new hire the same day and it took until April 29, 2021, to get that completed. She asked if it was a budgeted position and was already approved why it had to go back through all eight people and thought Elona Goldner, the Human Resources Manager, should make that determination.

Commissioner Strickland

asked staff to look into that situation. Captain David Boruchowitz echoed Mrs. Stringer’s comments.

Commissioner Strickland

adjourned the meeting. APPROVED this ATTEST: Of ,2021. I Cq ( ChãW Nye Coui4ty Clerk / Deputy