May 26, 2022

Commissioner Strickland

said there would be a Mountain Falls golf tournament starting at 8:00 a.m., with a $10,000.00 award for the person who shot the best hole.

Commissioner Jabbour

said the Tonopah graduation would be this evening and Butler Days started tomorrow night with the street dance. Saturday morning would be breakfast at the Elks. The parade would start at 10:00 a.m. and then at 1:00 p.m. the mucking/mining tournament would start. The rodeo would be Sunday at the fairgrounds starting at 1:00 p.m. May 26, 2022 3. Commissioners’/Manager’s Comments (This item limited to announcements or topiclissues proposed for future workshopslagendas)-Cont’d.

Commissioner Carbone

said early voting started on May 28, 2022. Interim Treasurer Mark Kampf said Butler Days started on Sunday with the pageant and he was a judge.

Commissioner Jabbour

asked if the employee responsible for the tax sale issue was no longer with the department.

Mr. Kampf

said that was correct and her replacement would start next Tuesday.

Commissioner Blundo

asked for an estimate in the rainy day fund. Savannah Rucker said the stabilization fund was within the County funding structure and had a couple hundred thousand in it. In the general fund there was a committed ending fund balance of $5.8 million. Tim Bohannon wanted everyone to pay attention to the work Mr. Kampf had done. May 26, 2022 FINANCE

Commissioner Strickland

said the claim for the flooding was the reason for the hike. If the claim reached $2 million a FEMA claim could have been done. She advised discussions were held about combining the School District’s claim with the County’s claim and submitting it to FEMA.

Commissioner Blundo

mentioned the impact the lawsuits against the Sheriff’s Office had.

Commissioner Strickland

said there were also discussions on how to mitigate the impact for future flooding such as capturing the water that came down from the mountain.

Commissioner Jabbour

felt training was needed which would alleviate some of the liability. Tim Bohannon said he would like to see done what Commissioner Strickland mentioned about dealing with the problem of water during a flood such as a retention basin or things of that nature. May 26, 2022 BOARD OF COMMISSIONERS 23. For Possible Action Discussion and deliberation to amend the Nye County Plan for the Provision of Indigent Defense Services. Lorina Dellinger said she had a couple of amendments she would like to make to the plan, one of which was based on legislative changes that happened last session. On page 6, section E.ii., she wanted to change may to shall, and on page 11 she wanted to increase the amount from $150,000.00 to $175,000.00. She explained there had been no increase since 2012 or 2013 and the increase in caseload was due to legislative changes. The public defenders had not been allowed to keep up with the requirements of the State Department of Indigent Defense Services with reporting and this would allow them to get the administrative help they needed. Mrs. Dellinger understood Savannah Rucker had budgeted for this in the Judicial Other.

Commissioner Blundo

made a motion to amend the Nye County Plan for the Provision of Indigent Defense Services making the change from may to shall on page 6 of the back-up, under Eligibility of Appointed Representation, and on page 11 of the back-up, Compensated Court Appointed Counsel, change from $150,000.00 to reflect a total of $1 75,000.00; seconded by Commissioner Strickland.

Mrs. Rucker

confirmed all fund were available to do this.

Commissioner Blundo

asked if there were sufficient funds and financial resources to increase the Justices of the Peace, to which Savannah Rucker responded yes.

Commissioner Blundo

made a motion to determine there were sufficient financial resources to increase the compensation of the Justices of the Peace per NRS 4.04 for FY2023; seconded by Commissioner Strickland; 5 yeas. May 26, 2022

Commissioner Blundo

made a motion to finalize the previous priorities set by the Board of County Commissioners for FY23 department requests; seconded by Commissioner Strickland; 5 yeas. 4. Approval of the Agenda for May 26, 2022. (Non-action item)-Reopened. Tim Sutton said based on the Board’s action on item 33, items 22, 24-26, 28-30, and 35-39 could be removed from the agenda. 33. For Possible Action Discussion and deliberation to: 1) Review previous priorities set by the Board of County Commissioners for Fiscal Year 2023 departments request; and 2) Select final positions and I or services and supplies to be included in the Fiscal Year 2023 budget Reopened. Savannah Rucker said after the item was heard a department head came up and asked why their position was not funded. They saw a number but no percentage. On the Board of County Commissioners’ priority listing she asked the Board to prioritize more than there was funding for in the event she could rationalize property taxes being better than projected by DTAX. It was estimated there would be $750,000.00 to work with, and the Board approved $748,887.00 in the first ten positions on that priority listing. The additional positions that were prioritized were if the funding was in excess of what was expected and unfortunately it was not.

Commissioner Blundo

said it was not about skipping anyone. It was just a funding issue. If any of the departments had a little extra wiggle room in their services/supply budgets that they could contribute he thought in the first quarter of the next year it could be re-evaluated and re-prioritized.

Commissioner Blundo

was not present. Planning Director Brett Waggoner expressed his disappointment. He understood the priority list, but he thought the departments would have the opportunity to discuss it further because last time there was no discussion about the justification for his position. The discussion was about badges and shirts. There was also back-up that was not included in the previous meeting which was included today. Mr. Waggoner said he put a lot of work into the justification and if it was determined off the facts he agreed, but he did not feel his particular position was really given the look it should have been given. May 26, 2022

Commissioner Blundo

made a motion to accept additional copies; seconded by

Commissioner Carbone

; 5 yeas. The Board took a brief recess so the additional back-up could be distributed.

Mrs. Rucker

discussed the Nye County budget forecast for FY23 including local budgetary issues; global and national budgetary issues; the reduced assessed valuation provided by DTAX; the reduced net proceeds; the budget revenue and expenditure assumptions; transfers out of the general fund; and net proceeds, contingency and debt service. Mrs. Rucker then reviewed the three models provided for the Board’s consideration.

Commissioner Strickland

made a motion to approve the Nye County final budget assumptions based on model two; seconded by Commissioner Blundo; 5 yeas. DISTRICT COURT 27. For Possible Action Discussion and deliberation to approve the open position, Court Administrator, as a Public Employee Retirement System (PERS), Critical Needs position, per NRS 286.523; which allows District Court to reemploy a retiree for a limited time, while District Court is searching for a replacement. Judge Kimberly Wanker said the Board approved this position well over a year ago. It had been advertised on multiple occasions, but they were unable to locate anyone with the needed qualifications. Gene Clifford worked for the court out of the Tonopah office for years. She retired a few years ago, but she was qualified to handle the court administrator position. Both Judge Wanker and Judge Robert Lane agreed Mrs. Clifford was the best candidate and she was willing to come on board as the search continued. However, in order for her to do so it had to not adversely affect her retirement or her lifetime health benefits. Judge Wanker stated it was a critical needs position as the district was Nye and Esmeralda Counties. Louise Mulvey, Judge Lane’s judicial secretary, said he agreed and was on board.

Commissioner Blundo

made a motion to approve the open position, court administrator, as a Public Employee Retirement System critical needs position per NRS 286.523; seconded by Commissioner Strickland. May 26, 2022 27. For Possible Action Discussion and deliberation to approve the open position, Court Administrator, as a Public Employee Retirement System (PERS), Critical Needs position, per NRS 286.523; which allows District Court to reemploy a retiree for a limited time, while District Court is searching for a replacement Cont’d. Tim Sutton clarified the NRS allowed the position to be deemed a critical needs position for two years and asked if the Board wanted to set a time limit. Judge Wanker said she understood that and mentioned Mrs. Clifford would be working out of Tonopah.

Commissioner Jabbour

asked if Esmeralda would be able to share a portion of this if approved. Judge Wanker explained the idea here was not to impact in any way Mrs. Clifford’s retirement since she worked for the County for 31-1/2 years. Human Resources Manager Elona Goldner said it could impact the amount of money Mrs. Clifford could make if she came back as an employee. Judge Wanker asked the Board to approve it as an employee and she would speak with Mrs. Clifford to see if she wanted to come back as a contract employee. The goal was for Mrs. Clifford to start July 1, 2022. As to the cost sharing, she did tell the Esmeralda County Board of Commissioners they would share, but the caseload was mainly in Nye.

Commissioner Cox

was not present. 7. 10:00 a.m. For Possible Action Public Hearing on the Fiscal Year 2022-2023 — — final budget for Nye County; and discussion and deliberation to adopt, or amend and adopt the Final Budget for Nye County for Fiscal Year 2022-2023 based on budget assumption model one (1), two (2) or three (3) presented.

Commissioner Carbone

opened the public hearing. Savannah Rucker said the full budget documents for all models was in the back-up. Tim Bohannon said the model two budget looked good, but he had concerns if inflation hit harder than expected as well as with the ability to make adjustments throughout the year. May 26, 2022 7. 10:00 a.m. For Possible Action Public Hearing on the Fiscal Year 2022-2023 — — final budget for Nye County; and discussion and deliberation to adopt, or amend and adopt the Final Budget for Nye County for Fiscal Year 2022-2023 based on budget assumption model one (1), two (2) or three (3) presented-Cont’d.

Commissioner Strickland

made a motion to amend model two to include moving $4 million out of the ending fund balance and into capital projects to be earmarked for the community center; seconded by Commissioner Jabbour.

Commissioner Strickland

said she was told by staff there was a $5.2 million ending fund balance. She reminded the Board there was $1 million earmarked from a senator and an additional $2.4 million was set aside, so the County was close to being able to fund and build this project. The reason she was asking for the $4 million to be earmarked was if the County were to take the $3 million and put it with the $4 million not only would it build the community center but also a couple ball fields. Commissioner Strickland felt there was a real need in the community to move forward with the community center. It could also generate funds by being rented out.

Commissioner Carbone

asked what that would do to the budget. Savannah Rucker explained in model two the ending fund balance was budgeted at $9729 million assuming contingency of almost $1 .3 million was spent. There was a committed ending fund balance of $5.8 million, which would leave about $4 million to move out. However, the Comprehensive Financial Management Policy identified that there needed to be $5.8 million or 16.67% of budgeted expenses as an ending fund balance, whichever was higher. That percentage of expenses totaled $7.309 million, which meant the Board could safely move $2.42 million out of the general fund and still maintain that ending fund balance.

Commissioner Carbone

pointed out the Board told some people they were not going to get employees so he had an issue with this.

Mrs. Rucker

said the policy also identified if there was a windfall of money to not tie it up in recurring expenses but rather a one-time capital project, which was also an option. There would be recurring costs with employees, but a building would not have as much of a recurring cost and could be shut down if the funding went away where with employees there would be loss of jobs.

Commissioner Cox

said VEA owed the community $5 million toward a community center with another $5 million to be donated in land, which they had decided not to donate. She wanted the County to go after the $5 million because it had to now use its own land and have VEA give the money to move forward with that land. May 26, 2022 7. 10:00 a.m. For Possible Action Public Hearing on the Fiscal Year 2022-2023 — — final budget for Nye County; and discussion and deliberation to adopt, or amend and adopt the Final Budget for Nye County for Fiscal Year 2022-2023 based on budget assumption model one (1), two (2) or three (3) presented-Cont’d.

Commissioner Jabbour

knew at a recent meeting the Board discussed and asked Tim Sutton to set up a meeting with VEA and he thought that was pending. There were other communities in the state smaller than Nye that had beautiful state of the art community centers. A definite revenue stream with a state of the art community center if the Board moved forward would be to the County’s benefit.

Commissioner Carbone

said the fairgrounds was part of the Town of Pahrump.

Mrs. Rucker

said she understood it was a joint project.

Commissioner Carbone

wondered why a contribution from the Town of Pahrump was not being looked at and he thought that needed to be discussed before this item was completed.

Commissioner Strickland

withdrew her motion; Commissioner Jabbour withdrew his second. This item was tabled until later in the meeting BOARD OF COMMISSIONERS 8. For Possible Action Closure of meeting, pursuant to NRS 241 .015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 9. Closed meeting, pursuant to NRS 241 .015(3)(b)(2) for purposes of conferring with legal counsel regarding potential or current litigation. This item was removed from the agenda. 10. For Possible Action Discussion and deliberation on conference with legal counsel regarding potential or current litigation presented in closed meeting. This item was removed from the agenda. 11. 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. May 26, 2022 12. 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. 13. 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. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 14. 10:00 am. For Possible Action Public Hearing on the Fiscal Year 2022- — — 2023 final budget for the Town of Pahrump; and discussion and deliberation to adopt, or amend and adopt the Final Budget for the Town of Pahrump for Fiscal Year 2022-2023. Savannah Rucker said the Pahrump Valley Fire Rescue overtime was approved, but there was a pending item to add an administration position for Buildings and Grounds for the Town of Pahrump. There were two scenarios provided and if the position for Buildings and Grounds was approved the ending fund balance would be $2.65 million. Following suit with the County policy, 16.67% of expenses or two months worth of expenses needed to be kept as ending fund balance, which was just over $1 million, which would leave $1 .263 million in the Town of Pahrump that could potentially go to the community center project.

Commissioner Carbone

opened and closed the public hearing. This item was tabled until later in the meeting. 16. For Possible Action Discussion and deliberation to approve an unbudgeted Administrative Secretary position within Town of Pahrump, Buildings and Grounds department and to be funded from 25101 Town of Pahrump General Fund. Samantha Tackett, Administrative Manager for Pahrump and Nye, asked the Board to consider a contingency if this position was approved. It had the potential to impact her department staff-wise and she wanted it contingent upon an agreed to and comprehensive transition plan. She wanted the person to remain in her office until a replacement was found. Mrs. Tackett pointed out this would be the eighth person she lost in the last year and a half.

Commissioner Carbone

said the agenda item was not written that way. Tim Sutton said the Commissioners could direct him to ensure that happened. May 26, 2022 16. For Possible Action Discussion and deliberation to approve an unbudgeted Administrative Secretary position within Town of Pahrump, Buildincis and Grounds department and to be funded from 25101 Town of Pahrump General Fund-Cont’d.

Commissioner Jabbour

said this had been one of his major concerns for all positions. He was talking to Mr. Sutton and Human Resources about an agenda item that no one left if they were to be promoted through a lateral to a different department because it absolutely impacted their existing office. He would like to see it implemented across the board. Jimmy Martinez from Pahrump Buildings and Grounds was present for questions.

Commissioner Strickland

asked if he had a position like this in the past.

Mr. Martinez

said no. This was the first time this position had been brought up.

Commissioner Strickland

noted Mr. Martinez had the same problem as Mrs. Tackett with people leaving his department and going somewhere else.

Commissioner Blundo

asked Mr. Martinez if he believed this position was critical and asked him to explain why.

Mr. Martinez

explained it was critical because as shown on his chart under capital expenses and facility manger there were several hours of admin duty and other stuff. It also showed a 50-hour work week besides his management duties. He handled matters that an administrative secretary could do so he could focus on the tasks at hand. The position would help projects move forward and help overall with everything else, like events.

Commissioner Jabbour

noted part of the justification showed it was causing overtime hours for Mr. Martinez and his foreman. He asked Mr. Martinez if he was able to tell the Board how much overtime against this new position had been incurred.

Mr. Martinez

said he did not have those numbers in front of him, but his foreman was spending a large amount of hours daily in overtime as was Mr. Martinez.

Commissioner Strickland

made a motion to approve the unbudgeted administrative secretary position with the Town of Pahrump Buildings and Grounds Department to be funded from 25101 Town of Pahrump general fund with direction to staff to have a contingency transition plan; seconded by Commissioner Jabbour. Tim Bohannon said Mr. Martinez worked a lot of hours and having this position would prevent him from getting burnt out. May 26, 2022 16. For Possible Action Discussion and deliberation to approve an unbudgeted Administrative Secretary position within Town of Pahrump, Buildings and Grounds department and to be funded from 25101 Town of Pahrump General Fund-Cont’d.

Commissioner Carbone

re-opened and re-closed the public hearing.

Commissioner Strickland

made a motion to approve the 2022-2023 final budget for the Town of Pahrump using model two to include moving $1 .263 million out of the ending fund balance and into capital projects earmarked for the community center; seconded by Commissioner Cox; 5 yeas. 7. 10:00 a.m. For Possible Action Public Hearing on the Fiscal Year 2022-2023 — — final budget for Nye County; and discussion and deliberation to adopt, or amend and adopt the Final Budget for Nye County for Fiscal Year 2022-2023 based on budget assumption model one (1), two (2) or three (3) presented-Reopened.

Commissioner Strickland

made a motion to approve the FY2022-2023 final budget for Nye County and to amend and adopt model two to include moving $2.42 million out of the ending fund balance into capital projects and earmarking for fairgrounds projects; seconded by Commissioner Cox. Tim Bohannon suggested the Board consider funds from tourism as part of the earmark. He supported funding the fairgrounds.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Strickland; 5 yeas. GABBS 19. 10:00 am. For Possible Action Public Hearing on the Fiscal Year 2022- — — 2023 final budget for the Town of Gabbs; and discussion and deliberation to adopt, or amend and adopt the Final Budget for the Town of Gabbs for Fiscal Year 2022-2023 based on Nye County’s budget assumption model one (1), two (2) or three (3) presented. Savannah Rucker said there was only one model in the back-up. She tried to present it to the Town of Gabbs, but she experienced quorum issues and would present this after the fact. She had contingencies built in to take care of any needs not heard before this item was approved.

Commissioner Carbone

opened and closed the public hearing. May 26, 2022 19. 10:00 am. For Possible Action Public Hearing on the Fiscal Year 2022- — — 2023 final budget for the Town of Gabbs-Cont’d.

Commissioner Jabbour

made a motion to adopt; seconded by Commissioner Blundo; 5 yeas. MANHATTAN 20. 10:00 am. For Possible Action Public Hearing on the Fiscal Year 2022- — — 2023 final budget for the Town of Manhattan; and discussion and deliberation to adopt, or amend and adopt the Final Budget for the Town of Manhattan for Fiscal Year 2022-2023 based on Nye County’s budget assumption model one (1), two (2) or three (3) presented. Savannah Rucker said there was only one model in the back-up. Since there was no board for the Town of Manhattan staff did their best with past experience to build the budget.

Commissioner Carbone

opened the public hearing. Tim Bohannon wondered about the expected growth percentage in Manhattan and spreading the budget in the future if needed.

Commissioner Carbone

closed the public hearing.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Jabbour.

Commissioner Jabbour

made a motion to adopt Manhattan’s final budget; seconded by

Commissioner Cox

; 5 yeas. AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT 21. 10:00 a.m. For Possible Action Public Hearing on the Fiscal Year 2022- — — 2023 final budget for the Pahrump Pool District; and discussion and deliberation to adopt, or amend and adopt the Final Budget for the Pahrump Pool District for Fiscal Year 2022-2023. Savannah Rucker said in the back-up was the budget as presented. There was a specific tax rate for the pool district and the sole purpose of this budget was to operate the pooi in Pahrump.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Blundo

made a motion to adopt; seconded by Commissioner Cox; 5 yeas. May 26, 2022 20. 10:00 a.m. For Possible Action Public Hearing on the Fiscal Year 2022- — — 2023 final budget for the Town of Manhattan; and discussion and deliberation to adopt, or amend and adopt the Final Budget for the Town of Manhattan for Fiscal Year 2022-2023 based on Nye County’s budget assumption model one (I), two (2) or three (3) presented-Reopened. Tim Sutton advised there was a discrepancy with the motions made. Commissioner Blundo made the motion and Commissioner Cox seconded it, then there was some chatter after which Commissioner Jabbour made a motion, but the original motion was never rescinded.

Commissioner Blundo

withdrew his motion; Commissioner Cox withdrew her second.

Commissioner Jabbour

withdrew his motion.

Commissioner Carbone

re-opened and re-closed the public hearing.

Commissioner Jabbour

made a motion to accept and adopt Manhattan’s FY2022-2023 final budget with assumption of model one; seconded by Commissioner Blundo; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS ASSESSOR 22. Presentation and discussion of departmental budgetary requests for Fiscal Year 2023 for the Assessor’s Office. This item was removed from the agenda. DISTRICT ATTORNEY 24. Presentation and discussion of departmental budgetary requests for Fiscal Year 2023 for the District Attorney’s Office. This item was removed from the agenda. SHERIFF 25. Presentation and discussion of departmental budgetary requests for Fiscal Year 2023 for the Sheriff’s Office. This item was removed from the agenda. May 26, 2022 JUSTICE(S) OF THE PEACE 26. Presentation and discussion of departmental budgetary requests for Fiscal Year 2023 for the Pahrump Justice Court. This item was removed from the agenda. COUNTY MANAGER 28. Presentation and discussion of departmental budgetary requests for Fiscal Year 2023 for the Administration Department. This item was removed from the agenda. FACILITIES 29. Presentation and discussion of departmental budgetary requests for Fiscal Year 2023 for the Buildings and Grounds Department. This item was removed from the agenda. FINANCE 30. Presentation and discussion of departmental budgetary requests for Fiscal Year 2023 for the Nye County Animal Shelter. This item was removed from the agenda. INFORMATION TECHNOLOGY

Commissioner Cox

asked if anything had been done about the flag poles at the fire stations. Tim Sutton said he would look into it.

Commissioner Jabbour

said Jim Butler Days was going to be happening in Tonopah the next three days.

Commissioner Blundo

reminded everyone early voting would start May 28, 2022.

Commissioner Carbone

adjourned the meeting. APPROVED this day ATTEST: ‘1)P(’1 .&c(

Chair Ny’e

Cdinty Clerk I Deputy