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Public meetings / Board of County Commissioners

May 31, 2023

66 turns, 66 with a named speaker, under 5 agenda items. The words and the names are the county clerk's.

Attendance

Commissioner Cox

and Brian Kunzi were not present at this time.

3. Commissioners’/Manager’s Comments (This item limited to announcements or

Commissioner Carbone

said the Commissioners were well aware of what had happened and would do whatever they could to retrieve the funds. Regarding the other comments made, Commissioner Strickland said there would be a follow-up by staff tomorrow and then they would contact people to figure out how to do something.

Commissioner Jabbour

said June 24, 2023, in Tonopah would be the 100th anniversary event for the VFW starting at 10:30 am. Planning Director Brett Waggoner stated there was no tiny home project in any kind of planning stage or application stage with the County. He knew one was on YouTube that was out in Crystal. Staff met with those people and informed them what they were proposing to sell would not work and would not be allowed in Pahrump. He said the Planning Department contact information was on their Web site and if anybody ever had a question or wanted to validate or invalidate a rumor they should call.

16. For Possible Action Presentation and discussion of departmental budgetary

Commissioner Strickland

asked if the position was self-funded through grants. May31, 2023 16. For Possible Action Presentation and discussion of departmental budgetary requests for Fiscal Year 2024 for the Health & Human Services Office.

Ms. Smith

said the Health and Human Services Budget would fund it. Some of her other positions were offset with grants, but this one would not be.

Commissioner Carbone

made a motion to fulfill this requirement as requested; seconded by Commissioner Boskovich; 4 yeas. FINANCE 15. For Possible Action Presentation, discussion and deliberation to approve, amend and approve, or reject the program funding request for the Tonopah Child Development Center under the Nye County ARPA Recovery Plan and Policy: Public Health Assistance TPH Childcare in the amount of $300,000.00. (10-minute time limit). Grants Administrator Jessica McCutcheon advised the County was recently awarded a U.S. Department of Housing and Urban Development economic development initiative grant for $1 million to provide funding for the construction of the Tonopah Child Development Center. At the time the application was submitted a budget for a new facility was included, but since the time of submission an existing facility was found. Nye County had been working with the Nye County School District to acquire what was formally known as Silver Rim Elementary School. The School Board of Trustees had an item on their April 27, 2023, meeting agenda to transfer the property to Nye County without consideration, but the item was tabled due to a question of ownership. The ownership had been confirmed as vested in the Nye County School District and Chief Financial Officer Ray Ritchie would place the item to transfer the property on the next available agenda. Ms. McCutcheon said the ability to utilize an existing facility had cut the total cost of the project by more than half, although there were improvements that needed to be made which could be covered by the grant funding, but staff was asking for the County APRA Recovery Plan and Policy Public Health Assistance childcare funding in the amount of $300,000.00 to fund the environmental review, air quality testing, and a training program to train and certify childcare providers since no one had asked for it. Contracts and Grants Manager Stephani Elliott said they were looking to have Lorina Dellinger as the project manager so this would be considered a department request and tracked under Administration. They had also been in contact with Buildings and Grounds Manager William Allen who had done a walk-through of the building. He believed with the $1 million and the ARPA funds the project should be able to be completed in full.

Ms. Elliott

said they were also working with the Nevada Cooperative Extension and Misha Allen to find additional grant funding if needed. Ms. Elliott explained this would not be a Nye County run development center. Staff was looking at getting another non-profit to teach the children and offer after school programs as well as summer programs May 31, 2023 15. For Possible Action Presentation, discussion and deliberation to approve, amend and approve, or relect the program funding request for the Tonopah Child Development Center under the Nye County ARPA Recovery Plan and Policy: Public Health Assistance TPH Childcare in the amount of $300000.00. (10-minute time limit)-Cont’d.

Commissioner Carbone

asked if there were any issues with the facility the Board should be aware of. Tim Sutton said he was apprised recently that the Silver Rim facility was donated back in the 1970s. The deed had a reversionary clause that said if the property was ever used for anything other than this public school then it would revert back to the grantor. That was not significant for purposes today as this was just allocating some money towards the project. Mrs. Dellinger was working on removing that restriction and she did not believe there would be any issue with that. Mr. Sutton said that was the only issue they were aware of with the building.

Commissioner Carbone

asked if a contingency could be put on the funds to have that reversionary clause removed. Brian Kunzi said yes and that he was working with the School District on this as well. The problem was it was owned by Anaconda, which no longer existed, so there were issues with trying to trace who actually controlled the company assets.

Commissioner Strickland

expressed her concerns with the air conditioning in the building and thought that would probably have to be replaced right off the bat.

Mr. Allen

said the building had mainly evaporative cooling with some HVAC. The evaporative cooling was viable in Tonopah and worked well. The electrical panel was very good, but the fire system needed to be recertified as it sustained some damage during the earthquake.

Commissioner Strickland

asked how many square feet it was.

Mr. Allen

said between 15,000 and 20,000 square feet. There was a window busted out due to vandalism and it needed a good cleaning. It also had a complete commercial kitchen that he did not know the condition of. The boiler would also have to be recertified and may need to be replaced. Linda Clark asked how many children were expected in this facility and how many restrooms there were.

Commissioner Jabbour

said when it was an elementary school there were three or four sets of restrooms, male and female. There were some sinks in some of the classrooms that were designated for science activity and perhaps in the principal’s office there may May31, 2023 15. For Possible Action Presentation, discussion and deliberation to approve, amend and approve, or reject the program funding request for the Tonopah Child Development Center under the Nye County ARPA Recovery Plan and Policy: Public Health Assistance TPH Childcare in the amount of $300,000.00. (10-minute time limit)-Cont’d. have been a small washroom type thing. He believed the restrooms were adequate, but he would have to get back to Ms. Clark with how many children were expected.

Commissioner Strickland

made a motion to approve with the condition the facility was granted into the name of Nye County or the Town of Pahrump; seconded by

Commissioner Jabbour

clarified it would be Nye County.

Commissioner Strickland

withdrew her motion; Commissioner Carbone withdrew his second.

Commissioner Strickland

made a motion to approve, with the condition of the deed being deeded into the name of Nye County, the ARPA funds for the child development center; seconded by Commissioner Carbone; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS 6. 10:00 a.m. For Possible Action Presentation, discussion and deliberation to — — review and approve, or amend and approve the Nye County final budget assumptions for Fiscal Year 2023-2024. Elizabeth Jordan presented the final budget assumptions and basically everything that was included in the FY24 budget. She advised the Pahrump Museum was experiencing the same revenue issues as the County because they did not anticipate any net proceeds, which was part of what the museum used to operate as well as for their salaries/benefits. The museum requested an increase for their FY24 budget. If this was something that the Board wanted to move forward with it would come out of the general fund by way of a transfer.

Commissioner Carbone

asked if there was any kind of real data given as to why the museum needed the additional $25,000.00.

Ms. Jordan

said nothing was received, but the County could not dictate what the museum used those funds for. The museum received a portion of the tax rate and that was all she was budgeting. Most of their expenditures seemed to be salaries and benefits. May 31, 2023 6. 10:00 a.m. For Possible Action Presentation, discussion and deliberation to — — review and approve, or amend and approve the Nye County final budget assumptions for Fiscal Year 2023-2024-Cont’d.

Commissioner Boskovich

advised when he originally spoke with them he thought they indicated they needed $12,000.00 and it was a one-time need, not an ongoing need. He did not want any funds from the museum in the north used in Pahrump. Whether it should be from the room tax needed to be figured, but getting to the bottom of the why was also needed.

Commissioner Strickland

thought the museums needed to find another income string, but she did not now what that would be. William Allen said he could not give much of the why, but Marilyn was very resourceful. She had been getting extra funds from Home Depot and was going out in the community soliciting people to help. The museum was also hit really hard by the flood.

Commissioner Jabbour

stated every department must live within their means right now. He believed this request should be re-evaluated in six months to see if the County was in a healthier situation then to assist the museum or anybody else. Brett Waggoner thought a different funding source, possibly through a room tax addition since the museum was a tourism asset, rather than a general fund contribution was the better way to go.

Ms. Jordan

directed the Board to page 17 of the back-up which contained some of the budget considerations that that she put forward for the Board to consider, which included the request from the Pahrump Museum. At the last presentation Ms. Jordan mentioned the County’s ending fund balance and she thought maybe some of the programs or some of the direction to staff could be to look at cutting some of the expenditures or implement some of the things done in the past as far as reviewing any vacant positions, bringing back the 90-day freeze, and reviewing any upcoming projects or proposed projects as well as contracts. There were also some departments currently working on fee schedules that may help with the revenue side.

Commissioner Carbone

asked for a copy of the proposed projects so the Board could review them. The Board took a brief recess to allow re-connection to the AT&T system which was now back on-line.

Commissioner Cox

was present via telephone.

Commissioner Boskovich

said he and Commissioner Carbone would bring an item forward regarding impact and licensing fees. May31, 2023 6. 10:00 a.m. For Possible Action Presentation, discussion and deliberation to — — review and approve, or amend and approve the Nye County final budget assumptions for Fiscal Year 2023-2024-Cont’d. Tim Bohannon said he did not see any provision for a rainy day fund and thought now was the time to start planning one. He also wondered was being done to get new business here and turning it into revenue generation for the County. Maryan Hollis asked if she understood correctly that none of the requested positions on page 19 were approved, including the 14 positions in the Sheriff’s Office. She said she had been part of a slow response time by the Sheriff’s Office in the past week because they were short-handed. She did not think it was right to not help the Sheriff’s Office or any first responder with their needs.

Commissioner Strickland

believed some of those positions were already budgeted for in fire safety.

Ms. Hollis

noted someone mentioned the Civic Center, which had $2.4 million in ARPA funds designated for it, and she wondered where that was in the planning stages. She had not seen anymore bids come in so she assumed that money would go away because it was not used. Caleb Neumann said he agreed with Ms. Hollis regarding the response time from the Sheriffs Office, which was nearly an hour. He described an incident he was involved in where it took the deputy from Round Mountain over an hour to respond to the call. He believed more money needed to be appropriated to the Sheriff’s Office. Eddie Jim said the museum was kind of devastated with the flooding and taking care of that took a lot out of the budget. He would like to see the Board help the museum.

Commissioner Cox

said the Sheriff’s Office received grants and had operated on grants forever while the County gave them their basic money. People who had complaints about the Sheriffs Office and their response time needed to talk to the Sheriff. As to the museum, Commissioner Cox thought it would be nice if they could get at least something this year and suggested people volunteer to help.

Commissioner Strickland

said it had been stated several times that there had been buildings that were ruined. Insurance claims were filed on those and the money went directly into whatever fund received that insurance money. In the meantime the museum did the clean-up and got Home Depot to donate all the stuff. Commissioner Strickland said she would like to direct Tim Sutton to figure out where the funds should come from to compensate the Pahrump Museum the $25,000.00.

Commissioner Jabbour

reiterated his opinion that the museum be re-evaluated in at least six months after the questions were answered. He suggested looking into the room tax May 31, 2023 6. 10:00 a.m. For Possible Action Presentation, discussion and deliberation to — — review and approve, or amend and approve the Nye County final budget assumptions for Fiscal Year 2023-2024-Cont’d. to see if it was viable as well as seeing if there was another funding stream available. He did not believe awarding $25,000.00 at this time would be prudent.

Commissioner Strickland

asked for the District Attorney’s help. The agenda item was written to discuss, review and approve or amend the final budget, but she would like to approve the additional funding, have a position freeze, and direct staff to review the fee schedules. Brian Kunzi said the Commissioners should articulate every bit of any amendments or changes they wanted to make to the proposed budget. He also strongly suggested if the Board was going to do that they do each individual amendment as it would be much more efficient.

Commissioner Strickland

made a motion to have a position freeze for 90 days realizing the accruals and savings; seconded by Commissioner Boskovich.

Mr. Kunzi

questioned the legitimacy of this provision as there were positions that needed to be filled which would not be. As an example, he was trying to take one of his positions and create a victim advocate, which was essential for him to be able to do some of the services he needed to do, but he would not be able to do that for 90 days. He thought a blanket prohibition on the filling of any vacant positions did a disservice to the communities. Ammie Nelson said she agreed with Mr. Kunzi. There were positions that might be adversely affected, such as a police officer that might be needed, and there were a lot of departments the community relied on for emergencies that might need to fill a position. She was not in favor of this amendment. Tim Bohannon said he was in favor of a freeze, but thought there should be criteria for it as far as if it was an essential or non-essential service.

Ms. Jordan

explained the way the freeze was handled in the past was it only applied to newly vacated positions and that was how this would be handled. Also in the past a waiver could be requested. The County Manager reviewed the position and the justification from the department or those positions could be brought to the Board if the Board chose that.

Commissioner Strickland

made a motion to amend the approval of the final budget with the museum fund of $25,000.00 being transferred out of a fund not identified yet but shall be identified by Tim Sutton.

Mr. Sutton

felt he was receiving conflicting direction.

Commissioner Strickland

said an insurance claim on the property damage was collected. In the meantime those who were running the museum found the resources to fix stuff and she would like to see them reimbursed the $25,000.00 since they got it done. She did not think it should come out of the insurance so she needed guidance.

Ms. Jordan

said she would have to do the research on that claim and suggested she bring this item back because the Board could move forward with the budget as it was.

Commissioner Strickland

withdrew her motion.

Commissioner Strickland

made a motion to approve the Nye County final budget assumptions for FY2023-2024; seconded by Commissioner Carbone.

Commissioner Carbone

said he would like the animal shelter looked at again at some point.

Commissioner Strickland

made a motion to adopt the final budget for FY2023-2024 for the Town of Beatty; seconded by Commissioner Boskovich; 5 yeas. May 31, 2023 GABBS 10. 10:00 a.m. For Possible Action Continued Public Hearing, discussion and — — deliberation to adopt, or amend and adopt the Final Budget for Fiscal Year 2023- 2024 for Town of Gabbs. Elizabeth Jordan said she did not get a chance to present this to the Town of Gabbs Advisory Board as she was not able to get on their agenda in time. She would present it afterwards, but nothing substantial changed from 2023 to 2024.

Commissioner Strickland

made a motion to adopt the final budget for FY2023-2024 for the Town of Gabbs; seconded by Commissioner Carbone; 5 yeas. MANHATTAN 11. 10:00 a.m. For Possible Action Continued Public Hearing, discussion and — — deliberation to adopt, or amend and adopt the Final Budget for Fiscal Year 2023- 2024 for Town of Manhattan. Elizabeth Jordan said the same thing happened with the Town of Manhattan as far as presenting the budget to the advisory board. There were no substantial changes to the budget and it was very small.

Commissioner Carbone

made a motion to adopt the final budget for FY2023-2024 for the Town of Manhattan; seconded by Commissioner Strickland; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CLERK 13. For Possible Action Pursuant to NRS 293.387(1), Canvass of the returns of the Special Election for the Beatty Water and Sanitation District Trustees held on May 23, 2023. Mark Kampf directed the Board’s attention to the turnout report, which basically showed who voted and how they voted. There was an early voting day held in Beatty with only two voters appearing. Mail ballots were sent out and of the 66 sent 19 Democrats voted, 31 Republicans voted, nine “other” voted, and seven Non-Partisans voted. On May 23, 2023, the polls were open from 7:00 a.m. until 7:00 p.m. and a total of 97 people showed up to vote. Albert Verrelli had the most votes with 63 for the four-year year term and Derrick Stoneberger had 59 votes winning the two-year term.

Mr. Kampf

then explained this special election had to be held because there were voters who were missed from the Beatty Water and Sanitation District sub-precinct. When the redistricting occurred last year there were only 89 voters who had been assigned to the Beatty Water and Sanitation District, which was not a problem in the past because there May 31, 2023 13. For Possible Action Pursuant to NRS 293.387(1), Canvass of the returns of the Special Election for the Beatty Water and Sanitation District Trustees held on May 23, 2023-Cont’d. were never sufficient candidates to have election. When the candidates came forward to have an election his office was contacted by a voter stating they did not receive their ballot. It turned out that when the precincts were reported to the Secretary of State in March, 20223, the Beatty Water and Sanitation District voters were not in the appropriate sub-precinct. Mr. Verrelli, who lost this election in the first vote, filed a complaint with the District Court and as a result of that case the Clerk’s Office was directed by the District Court to have an election for the three candidates who were affected by the 49 voters who were not included in the numbers.

Commissioner Strickland

made a motion to certify the canvassing of the special election for the Beatty Water and Sanitation District; seconded by Commissioner Carbone; 5 yeas. The Board was in recess until 2:00 p.m.

Commissioner Cox

was not present. FINANCE 14. For Possible Action Discussion and deliberation regarding the Corrective Action Letter for the Annual Audit Report for Fiscal Year ending June 30, 2022 to be submitted to the Nevada Department of Taxation. Elizabeth Jordan said she was very pleased to prepare this letter because it was like no other in the past with one small finding on the issues with the Treasure’s Office at the beginning of the fiscal year. The other item was deficit cash for the Pahrump Museum, which was discussed previously. Tim Bohannon said the positive thing was the County, the Board of County Commissioners, and staff were all on top of trying to manage it.

Commissioner Carbone

made a motion to submit the June 30, 2022 corrective action letter to the Department of Taxation; seconded by Commissioner Strickland; 5 yeas. May 31, 2023 TIMED ITEMS 7. 10:00 am. For Possible Action Continued Public Hearing, discussion and — — deliberation to adopt, or amend and adopt the Final Budget for Fiscal Year 2023- 2024 for Nye County. Elizabeth Jordan said in the back-up was the FY24 budget. The FY24 general fund was prepared with the assumptions approved by the Board, but an amendment needed to be made to include the position that was approved for Health and Human Services.

Commissioner Strickland

pointed out gaming licenses were $78,881 .00 for actual prior year and this year was $7,507.00.

Ms. Jordan

explained as of the time she prepared the budget the County was still waiting to receive some of the revenues, but she did not want to overstate some of those revenues as some gaming license revenue was received toward the end of the fiscal year. For FY24 she leveled it out to the historical average.

Commissioner Strickland

said FY22 was a little bit high. She pointed out the actual prior year was $78,008.81 and the tentative projection was $48,650.00. Commissioner Strickland asked Samantha Tackett if there would be any reason why there would be such a difference.

Mrs. Tackett

said the machine counts for gaming did fluctuate as did the amount of licenses issued each year. She was anxious to see how it went over the next six months to see if it caught up.

Commissioner Strickland

had the same question for brothels.

Ms. Jordan

explained during COVID there was quite a stop so some of those revenues were not collected. It picked back up about halfway through FY22, which was why FY22 was only $18,181.00. For FY23 the expectation was to receive well over that, but she did not want to over-estimate for FY24.

Commissioner Carbone

made a motion to adopt the final budget for FY2023-2024 for Nye County; seconded by Commissioner Strickland.

Ms. Jordan

reminded the Commissioners the budget needed to be amended to include the Health and Human Services position.

Commissioner Carbone

amended his motion to adopt the final budget for FY2023-2024 for Nye County including the approved request from Health and Human Services for a senior position; Commissioner Strickland amended her second; 5 yeas. May31, 2023 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 8. 10:00 a.m. For Possible Action Continued Public Hearing, discussion and — — deliberation to adopt, or amend and adopt the Final Budget for Fiscal Year 2023- 2024 for Town of Pahrump. Elizabeth Jordan advised the budget included the previously approved positions for the Town of Pahrump.

Commissioner Carbone

made a motion to adopt the final budget for FY2023-2024 for the Town of Pahrump; seconded by Commissioner Boskovich; 5 yeas. AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT 12. 10:00 a.m. For Possible Action Continued Public Hearing, discussion and — — deliberation to adopt, or amend and adopt the Final Budget for Fiscal Year 2023- 2024 for Town of Pahrump Pool District. Elizabeth Jordan said there were no substantial changes for the Pahrump Pool and she did not anticipate any big changes throughout the year.

Commissioner Carbone

made a motion to adopt the final budget for FY2023-2024 for the Town of Pah rump Pool District; seconded by Commissioner Strickland; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

18. CommissionerlManager Comments (This item limited to announcements or

Commissioner Cox

wanted the public to know that being a commissioner was not a part- time job and she did not know where those comments were coming from.

Commissioner Boskovich

said this was his first final budget meeting and it had been eye opener. He advised he would not be at the June 6, 2023, meeting. He thought direction needed to be given to staff regarding the resolutions talked about earlier pertaining to licensing and permits and the possibility of upgrading the fees.

Commissioner Jabbour

said it was an eye opener for him that the licensing fees were so minimal compared to what he was used to in other parts of the State. He reminded May31, 2023 18. CommissionerlManaqer Comments (This item limited to announcements or topiclissues proposed for future workshops/aqendas)-Cont’d. everyone to protect their family and friends, especially their children, conserve water, and spay/neuter their pets. Assessor Sheree Stringer gave a shout out to the Commissioners for what they had been put through going through this budget. She knew their jobs were full-time as were the jobs of the elected officials and department heads. She also thanked Elizabeth Jordan for all of her help.

Ms. Jordan

said there was a complete staff behind her so she wanted to thank them for their time and sticking with it as well as all the departments because they had also been very patient and gracious with her stepping into this role. Mark Kampf advised there were only two applicants for the committee to come up with the ballot issues relative to the five-cent diesel tax, one for and one against, and he would really like to get some additional citizens. He asked people to please go to the County Web site or call him. Secondly, he told the Commissioners there would be a lot of activity in the future to fix the precincts based on legal descriptions. Tim Sutton said he did not know where the rumor came from that the Commissioners were part-time, but it definitely was not true. He thought people mistakenly thought the bulk of the Commissioners’ work happened in this meeting, which was also not true. He would say the same thing for the department heads.

19. ADJOURN

Commissioner Jabbour

adjourned the meeting. APPROVED this - day ATTEST: Of r’ , 2023. Chair