Public meetings / Board of County Commissioners
January 6, 2025
163 turns, 163 with a named speaker, under 24 agenda items. The words and the names are the county clerk's.
2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.)
Ms. Winters
states that many of the falls that occur in the parking lot go unreported. One beloved member of the community fell in the parking lot last August and within a few weeks had passed. While the fall did not cause her death it may have contributed to it. The parking lot needs to be fixed to ensure this does not happen to others. She goes on to say that the parking lot was scheduled to be fixed last spring but then got postponed to the summer and then postponed again. Ms. Winters states that it is important to fix the parking lot because the senior center not only serves Tonopah but also the surrounding communities. The Senior Center hosts monthly events as well as other services that everyone should have access to and be able to get to safely. The state of the parking lot makes snow removal difficult and leads to icy conditions that are unsafe for seniors to traverse. Ms. Winters closes her public comment by stating that families should not have to worry about the safety of their family members that visit the Tonopah senior center. Ammie Nelson- wished everyone a happy new year and welcomed the new county commissioners. Dawn Sligar- expresses her concerns with the extremely dangerous conditions of the Tonopah Senior Center parking lot. She has responded on the ambulance to people getting serious injuries while walking in the parking lot. She expresses her support in the repair of the Senior Center parking lot. Terina Elliot- introduces herself as the government affairs and public relations manager for the Duckwater Shoshone tribe. Ms. Elliot thanks the commission for pushing through the funding to pave Pogue Summit in Duckwater. This will help the community with transportation to school and get the elders get the medical help they need. She is hoping that this project will get going by spring. She asks the commissioners to continue their support and invites everyone out to the ribbon cutting ceremony for the new community center in the Fall. Joseph Kirk Greber- states that he is also here to express his support of the Senior Center parking lot getting paved. He experienced a fall of his own last year in Pennsylvania that took 2 % months to recover from. He reiterates what Ms. Winters said January 6, 2025 2. GENERAL PUBLIC COMMENT (up to three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first) Cont'd. about the community member that fell in the parking lot and then passed a few weeks later. We need to take care of our elderly. Mr. Greber has been a member of the community for 40 years and wants to see the community grow and be safe for all that are here. Tim Bohannon- wishes all a happy new year and congratulates and welcomes Commissioners Koenig and Bayne to the commission. Mr. Bohannon speaks to the importance of volunteerism within the community. Mr. Bohannon states that the Carvers arena and recreation center is evolving itself from the standpoint of a shooting range and encourages those interested to check it out. Frank Carbone- wishes everyone happy new year. He expresses his joy in seeing a full board up in Tonopah. He looks forward to the things the board is going to do this next year. SITTING AS THE BOARD OF COUNTY COMMISSIONERS TIMED ITEMS
8. 10:00 a.m. — Presentations of a certificate and/or plaque to one (1) employee
Sheriff McGill
McGill is now present. 3. Commissioner/Manager Comments (This item is limited to announcements, brief discussions of public comments, correction of factual inaccuracies, direction to staff, or topics proposed for future board meetings. Lengthy deliberation of topics not on the agenda is prohibited by the Nevada Open Meeting Law). Kristy Siegmund, manager of the Nye County animal shelter, gives a report on the numbers of 2024. She reports that 735 animals were adopted or found placement, 363 dogs were returned to their owners. 60% of the returned dogs were returned because January 6, 2025 they were microchipped showing how important it is to have your animals microchipped or licensed. She states that the shelter participated in 4 events in the last year, 3 were with Bissell, where they received grant money to cover medical bills for the animals, and 1 was NBC’s Clear the Shelters event. She reports that 829 strays were taken into the shelter in 2024 and about 80% of those strays are still in the shelter. Ms. Siegmund reminds the public of the importance of securing their animals to keep them safe. Her hope for 2025 is to have even more adoptions and animals returned to their owners.
Commissioner Jabbour
comments that he often sees photos posted of lost dogs, reiterates the importance of microchipping animals and thanks Kristy Siegmund for her hard work. Commission Jabbour addresses the condition of the senior center parking lot and says that steps are being taken to begin the repairs. He expresses his apologies to those who have fallen in the parking lot and thanks those that came out to support and express their concerns with the state of the parking lot. Commissioner Jabbour recounts his visit out to the Duckwater Shoshone tribe and addresses the importance of the support of the Pogue Summit Road paving project.
Commissioner Koenig
expressed his happiness on being back on the board. He addresses the Duckwater Shoshone Tribe and states that he is interested in taking a trip out to Duckwater to evaluate what the tribe would need the board's help with.
Commissioner Boskovich
welcomes the two newly elected officials to the board. He thanks everyone for coming out both in Tonopah and Pahrump.
Commissioner Strickland
welcomes the new commissioners. Commissioner Strickland announces that Wednesday January 8" from 9:00 AM to 1:00 PM, veteran affairs will have a mobile medical unit at the VFW Post 10054 located at 4651 Homestead Rd. Veterans will be able to meet with medical providers directly for questions, blood pressure checks, vaccines, check-ups and more. No appointments are needed. She encourages Veterans to take this opportunity. 4. Approval of the Agenda for January 6, 2025 (Non-action item) Acting County Manager Lorina Dellinger states that there are no items to pull. 5. For Possible Action — Election of Chair of the Board of Commissioners.
Commissioner Koenig
moved to elect Commissioner Boskovich as the chair of the Board of County Commissioners; seconded by Commissioner Strickland.
Commissioner Strickland
opened and closed public comment; 5 yeas.
Commissioner Boskovich
assumed the Chair of the Board of County Commissioners. 6. For Possible Action - Election of Vice Chair of the Board of Commissioners.
Commissioner Koenig
moved to elect Commissioner Strickland as Vice Chair of the Board of County Commissioners; seconded by Commissioner Boskovich,
Commissioner Boskovich
opened and closed public comment; 5 yeas. January 6, 2025 SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS
9. For Possible Action — Election of Chair of the Board of Highway
Commissioner Strickland
moved to elect Commissioner Jabbour as the Chair of the Board of Highway Commissioners; seconded by Commissioner Koenig; 5 yeas. There was none for public comment on this item.
10. For Possible Action — Election of Vice Chair of the Board of Highway
Commissioner Strickland
moved to elect Commissioner Koenig as the Vice Chair of the Board of Highway Commissioners; seconded by Commissioner Boskovich, 4 yeas;
Commissioner Koenig
abstained from the vote. There was none for public comment on this item.
11. For Possible Action - Discussion and deliberation regarding the General Road
Commissioner Jabbour
thanks Mr. Gott and his staff for all their work throughout the county. He asks if Mr. Gott was present for the public comment on the Senior Center parking lot. Mr. Gott confirms that he was and states that the materials and equipment will be delivered sometime in the next week. Once the materials arrive, crews will work on the parking lot right away.
Commissioner Boskovich
was also happy to hear the materials were in route.
Commissioner Boskovich
opened the item for public comment. Beth Borysewich- brought up the use of tires as a base for highways and roads and would like to know who to submit that report to. She asks if the subdivisions being swept have HOAs, should the HOAs be paying for it instead of the county? She also asks if a weed whacker can be used to take care of weeds instead of waiting for a piece of equipment? Nye County District Attorney Brian Kunzi explained that the county does have maintenance requirements in some of the subdivisions pursuant to the development agreements that were made many years ago. January 6, 2025 SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD
12. For Possible Action — Election of Chair of the Nye County Licensing and
Commissioner Strickland
moved to elect Sheriff Joe McGill as the Chair of the Nye County Licensing and Liquor Board; seconded by Commissioner Koenig; Commissioner Boskovich open and closed public comment; 6 yeas.
Sheriff McGill
McGill assumed the Chair of the Nye County Licensing and Liquor Board.
13. For Possible Action — Election of Vice Chair of the Nye County Licensing and
Commissioner Koenig
moved to appoint Commissioner Bayne as Vice Chair of the Nye County Licensing and Liquor Board; seconded by Commissioner Strickland; Chair
Sheriff McGill
McGill opened and closed public comment; 6 yeas.
14. For Possible Action — Discussion and deliberation to approve a Beer and Wine
Sheriff McGill
This is an application for a beer and wine license. The investigation and background have been completed. There was no opposition to this. Sherrif McGill recommends approval of the application.
Commissioner Koenig
moved to approve the license for beer and wine only liquor license for Max's East Coast Pizza dba Mia Ava East Coast Pizza; seconded by
Commissioner Jabbour
; 6 yeas.
Chair Sheriff
McGill opened the item for public comment. Maryan Hollis asked the applicant to come up and speak on his own behalf. Gary Rurans thanked the board staff for their help. The restaurant has never done anything with beer and wine. Mr. Rurans thanked the board for approving the application.
Commissioner Boskovich
assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP
15. For Possible Action — Discussion and deliberation to:
Commissioner Strickland
is the liaison to the group.
Commissioner Strickland
moved to recommend Charles Ballew Jr., Loyce Seastrunk, Jimmy Lewis, Brad Harris, Ryan Williams and Joseph Toste as members, Douglas Martin as first alternate and Mitchel Peterson as second alternate with terms expiring January 2027; seconded by Commission Jabbour; Commissioner Boskovich opened and closed public comment; 5 yeas.
16. For Possible Action — Discussion and deliberation to:
Commissioner Strickland
moved to appoint Timothy Davidheiser, Jim Hannah as members, Philip Alexander and Nicole Underwood as alternates, all with terms expiring January 2027; seconded by Commissioner Jabbour; Commissioner Boskovich opens and closes public comment; 5 yeas
17. For Possible Action — Discussion and deliberation to:
Commissioner Jabbour
moved to appoint Bruce Cox, Beverly Baker, Alice Lubbers, Greg Cardarelli, Gerard Dumont, Jerry Paradise, Eddie Williams and Margaret Paradise as members, all terms expiring January 2027; seconded by Commissioner Strickland;
Commissioner Boskovich
opens public comment. Frank Carbone thanks the board for the motion. Carl Jones - Eddie Williams has been in Alaska for the last year and a half and states that the alternate position should have been replaced by someone else. Mr. Jones expresses his concern as a 17-year member and chairman of the board about the removal of secretary, Dina. January 6, 2025 Commission Jabbour - Mr. Jones comment about Eddie Williams. He states that he has been in Mr. Williams’ presence in the last 6 month and that he is an active participant in this committee’s events.
Commissioner Boskovich
closes public comment; calls for a vote; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS
18. CONSENT AGENDA ITEMS - These are items that Staff recommend for
Commissioner Strickland
moves to approve items 18.1-18.3; seconded by
Commissioner Koenig
; Commissioner Boskovich open and closed public comment; 5 yeas.
20. For Possible Action — Discussion and deliberation to appoint a person from
Commissioner Boskovich
asks for any of the applicants to speak on their behalf. None were present. Commissioner Strickland moved to appoint Eric Murphy; seconded by
Commissioner Jabbour
. Commissioner Boskovich opened the item for public comment. January 6, 2025 20. For Possible Action — Discussion and deliberation to appoint a person from the panel of substitute justices of the peace pursuant to NRS 4.340 as a justice of the peace to attend to his or her official duties from the following list of persons: Michael Foley, Eric Murphy, and Philip Bovee. A temporary vacancy from absence, disability or other cause must not be filled by another justice of the peace or a substitute justice of the peace for more than 30 days at any one time. Cont. Ammie Nelson- recommended appointing Judge Michael Foley for his experience in the courtroom. Linda Clark- why the appointment is limited to 30 days and if there was community input on the 3 candidates that were selected from the applicants. Richard Goldstein - that the Justice of the Peace should be someone who has experience. He recommended appcinting Michael Foley. He recognized Eric Murphy for his accomplishments as a sheriff Deputy but would prefer someone that has experience as a Justice of the Peace. Joe Burdzinski- supported Eric Murphy for the Justice of the Peace appointment out for his strong connection to the community and his knowledge of the law. Tim Bohannon - support for Judge Foley. Mr. Bohannon feels Eric Murphy would be a good option after he gains more experience in the role. Karen Waldman -expressed her support for someone who already has experience.
Commissioner Boskovich
closes public comment.
Commissioner Koenig
asks the Nye County DA if the position is a 30-day position and if they will need to do this again in 30 days. Brian Kunzi- explains that if the existing Justice of the Peace is unable to make their own appointment of an interim then it falls to the Board of Commissioners and by statute that appointment can only be for 30 days.
Commissioner Koenig
asked if they could do a rotation.
Mr. Kunzi
explained that the board had previously put together a panel for this Justice of the Peace rotation and that the 3 applicants will be the same 3 for the next 30-day appointment.
Commissioner Strickland
asked for someone from the Justice Court to provide information on the last time Mr. Foley was on the bench. She believed it was sometime last January. January 6, 2025 20. For Possible Action — Discussion and deliberation to appoint a person from the panel of substitute justices of the peace pursuant to NRS 4.340 as a justice of the peace to attend to his or her official duties from the following list of persons: Michael Foley, Eric Murphy, and Philip Bovee. A temporary vacancy from absence, disability or other cause must not be filled by another justice of the peace or a substitute justice of the peace for more than 30 days at any one time. Cont..
Commissioner Jabbour
stated that last January was his understanding as well.
Commissioner Strickland
did not know why Mr. Foley wasn't called to the bench but would like to give Mr. Murphy the opportunity.
Commissioner Bayne
expressed that he would oppose the vote for Murphy and would support Foley for his experience on the bench as well as the support for Foley from the community. Lorina Dellinger informed the board that Mr. Foley was last in chambers in December of 2022. Michael Foley arrived in chambers.
Mr. Foley-
stated that he last covered the bench last in January of 2024 for both Judge Vito and Judge Fiore. Mr. Foley gave a history of his experience as a Pro Tem judge. His longest time serving as a Pro Tem Judge was from November 15", 2023, to the end of that year when Judge Fiore took over on her appointment.
Commissioner Jabbour
asked Mr. Foley if he was required to continue going to class.
Mr. Foley-
| completed the special court's jurisdiction training in 2007 and as a Pro Tem and am not required to take the continuing education classes at the Judicial College.
Commissioner Jabbour
recalled him saying if selected he would go class as necessary.
Mr. Foley-
confirmed that if selected he would continue his education as necessary.
Commissioner Strickland
asked if it’s correct that any of the candidates that they appoint would need additional class to be able to move on the Judicial.
Commissioner Boskovich
clarified that all three of the candidates will be attending class in June. Lorina Dellinger confirmed.
Mr. Foley
stated that there is no special training for a pro Tem judge compared to an elected judge. January 6, 2025 20. For Possible Action — Discussion and deliberation to appoint a person from the panel of substitute justices of the peace pursuant to NRS 4.340 as a justice of the peace to attend to his or her official duties from the following list of persons: Michael Foley, Eric Murphy, and Philip Bovee. A temporary vacancy from absence, disability or other cause must not be filled by another justice of the peace or a substitute justice of the peace for more than 30 days at any one time. Cont..
Commissioner Jabbour
asked if either of the other pro Tem judges were on the phone. Eric Murphy- is present via phone and available for questions.
Commissioner Strickland
asked Mr. Murphy would be able to make himself available immediately for a pro Tem and then potentially for the Judicial appointment after the class in June.
Mr. Murphy
confirmed that he would be available and clarified that he did not run for the Judicial position due to him running for Sheriff at that time. Alisa Shoults, Pahrump Justice Court Administrator, clarified that Michael Foley covered the as a Pro Tem in December of 2022. Ms. Shoults explains that to have a Pro Tem costs the county a lot of money which is why they have not had a Pro Tem since. The Justice Court made arrangements for Judge Vito to cover most of the cases and have Judge Sullivan come down to help cover as well to save the county money. It has become difficult for other offices as well as the Justice Court because of how often they are in the courtroom. Ms. Shoults stated that the Justice Court would work with whoever is selected. She noted that a lot has changed since 2007 and continues to change, so
Mr. Foley
will need a lot of classes if he receives the appointment. As to the 30-day rotation, she said that would be a struggle, but they would adapt.
Commissioner Boskovich
asked Ms. Shoults if she knew why Foley or any other Pro Tem Judge has not been used.
Ms. Shoults-
clarified that the Pro Tem Judge cost the county over $9,000 in December of 2022. They have been doing what they could with 1 judge to save the county money. DA Kunzi - added that it is critical to put someone in as Pro Tem. Mr. Kunzi explained the struggle that only having 1 department is putting on his office. Having 4 attorneys in a courtroom is causing a slowdown in getting cases done. Mr. Kunzi addressed the questions about the appointment of the Pro Tem. Under statute they cannot appoint a Pro Tem so that is why the process was started to have the board appoint a Pro Tem and why it is a 30-day appointment. Mr. Kunzi cautioned that this may go longer than June. The sitting justice of the peace cannot sit pursuant to orders from the judicial discipline committee and that will stay in place until her criminal matter is resolved, and a judgment of conviction is issued. January 6, 2025 20. For Possible Action — Discussion and deliberation to appoint a person from the panel of substitute justices of the peace pursuant to NRS 4.340 as a justice of the peace to attend to his or her official duties from the following list of persons: Michael Foley, Eric Murphy, and Philip Bovee. A temporary vacancy from absence, disability or other cause must not be filled by another justice of the peace or a substitute justice of the peace for more than 30 days at any one time. Cont..
Commissioner Boskovich
states that whoever is put in today should be utilized.
Commissioner Boskovich
called for a vote on the motion to appoint Eric Murphy; 2 yeas; Commissioners Koenig, Bayne, and Boskovich nay; The motion failed.
Commissioner Koenig
moved to appoint Michael Foley; seconded by Commissioner Bayne; 5 yeas. CLERK
21. For Possible Action — Discussion and deliberation to:
Commissioner Jabbour
moved to appoint Diane Pierce and Frank Suchy to the Beatty Library District with terms ending January 2029; seconded by Commissioner Strickland.
Commissioner Boskovich
opened and closed public comments.
Commissioner Boskovich
called for a vote; 5 yeas.
22. For Possible Action — Discussion and deliberation to:
Deputy Clerk Kelly
Sidman made the board aware that Christopher Philips was elected and is not to be appointed to this position and there are only 3 to be appointed.
Commissioner Jabbour
moved to appoint Jonathan Appiah, Janet Jorgensen and Sara Sweeney to the Round Mountain Town Board with terms expiring in January 2029; seconded by Commissioner Strickland.
Commissioner Boskovich
opened and closed public comment. January 6, 2025 22. For Possible Action — Discussion and deliberation to: a. Appoint four members to the Round Mountain Town Board due to four expiring terms from the following list of applicants: Jonathan Appiah, Janet Jorgensen, Christopher Philips, and Sara Sweeney: and/or b. Readvertise for the appointment.
Commissioner Koenig
asked for clarification on Christopher Philips.
Clerk Cori
Freidhoff explained that Christopher Philips was elected so only 3 vacancies needed to be filled.
Commissioner Boskovich
called for a vote. The motion passed 5:0. DISTRICT ATTORNEY
23. For Possible Action — Discussion and deliberation to accept or reject the
Mr. Kunzi
worked on the Memorandum of Understanding with the council for the Court.
Mr. Kunzi
explained that the MOU would transfer 6 clerk positions to the Court. The MOU outlines the authority that the county has over budgetary changes that Court makes. The MOU has a commitment in it that would allow Court Clerks to assist the County Clerk’s office with elections as well as their court duties.
Commissioner Jabbour
brought up that it is unrealistic to have the Court Clerks working dual duties during the election cycles because it would leave the court shorthanded. He stated that there are currently 10 positions under the compendium of the Clerk, 8 of which are filled. He asked who would be budgetarily responsible to fill the positions since the MOU states the Court would cover the budgetary responsibilities.
Commissioner Jabbour
also brought up the division of personnel in the MOU would leave the Clerk’s office with 4 people, 2 in Pahrump and 2 in Tonopah and asked how they could effectively work with that. Commissioner Jabbour asked about a collective bargaining unit representation for the court employees that would internally transfer from the Clerk’s office or through the county that are currently existing union members.
Commissioner Jabbour
sites NRS 288 gives employees the right to be part of a collective bargaining unit even under the court's full jurisdiction and in NRS 288.120 employees would have to go before the 5th judicial court if there was arbitration with any type of employment violation, suspension, possible termination, etc. He asked why the Court wouldn't want this in the MOU so employees would be represented in case of future issues. January 6, 2025 23. For Possible Action — Discussion and deliberation to accept or reject the proposed Memorandum of Understanding regarding the transfer of deputy court clerks to the Fifth Judicial District Court.(Cont’d) DA Brian Kunzi stated that court clerks have always been allowed to do dual duties during the election cycle since they are not in court every day. The agreement in the MOU would just continue to allow the court clerks to help during the election cycles. He stated after discussions within the county, there are 6 positions that have usually been classified as court clerks so that is how they came to that number of positions. The vacant positions can be filled by the county since they are county positions and if there are vacancies in the court positions, the Court would be responsible for filling those. As for the collective bargaining agreement, he stated that every county who has done this transition, the people are exempted, none of the court clerks operate within the collective bargaining process. The DA stated since no other county has their clerks operating within a collective bargaining unit, there has not been a determination made that NRS 288 applies to the court.
Commissioner Jabbour
asked what other counties have done this.
Mr. Kunzi
Washoe, Elko, Douglas, Lyon and Clark.
Commissioner Jabbour
expressed his concern about the employees that are potentially going over to the Court that are currently dues paying members that will be losing the union by transferring. He apologized for the situation and asked to reconsider this as a substantia! part of the MOU that the employees doing a lateral transfer over to the court have some type of collective bargaining unit protection because HR can only do so much within our own county. With the full jurisdiction and authority going to the court and to the judges regardless of who the judges are this is for the future, he asked the board to consider professionally fight and argue the point that these employees need to be and have some type of unionization and protection. He stated the reason the NRS clearly states that they have the right to unionize is for protection in the workplace. DA Kunzi reiterated that NRS 288 has never been applied to the courts. It applies to the counties but never to the courts.
Commissioner Jabbour
asked if it was correct that the bailiffs working for the judges are in a collective bargaining unit working as a protected class. DA Kunzi did not believe that was correct. Elona Goldner, Human Resources director, stated that the District Court bailiffs do not belong to the union, only the Justice Court bailiffs do. January 6, 2025 23. For Possible Action — Discussion and deliberation to accept or reject the proposed Memorandum of Understanding regarding the transfer of deputy court clerks to the Fifth Judicial District Court.(Cont’d)
Commissioner Jabbour
stated that if there was a problem they would go in front of the district court and asked if the judges are going to be impartial and neutral in a decision, then why wouldn't they want their own employees to be part of a union.
Commissioner Strickland
asked that if it is NRS 288.120 then it didn’t need to be stated in the MOU since it is an existing statute that can be implemented if the employees chose to. DA Kunzi- stated that state employees are not covered by NRS 288. The Courtis a state employee. The Judges are state of Nevada employees.
Commissioner Jabbour
checked to understand that the employees that laterally transfer to the court and come back during the election cycle, they are going to bring back state employees to help the county.
Mr. Kunzi
stated that there is nothing to say they must be county employees to help with the elections and used the example of volunteers not being county employees.
Commissioner Koenig
how the state employees would be volunteering to work for the county during elections but would still be getting paid by the state.
Mr. Kunzi
they are getting paid by the county. He stated that if the board wants to reject the contract that was fine, but it would happen by court order. The contract would be something on paper outlining the level of cooperation. He advised the board that one way or another this is going to happen. He stated that they can reject it but that will not stop the court from taking over the employees.
Commissioner Jabbour
asked if they would be able to request that the employees that choose to transfer be able to transfer with their collective bargaining unit.
Mr. Kunzi
that he has been through a major fight with the court and that he fought hard for this because he does share the same concerns and wanted to make sure the employees were protected. The fight led to the court and the DA stopping communications, the courts hiring counsel, and the DA and the court's counsel and DA being able to amicably discuss it.
Commissioner Strickland
asked the Clerk how many staff members she has because she would have to hire to fill the judicial spots. Cori Freidhof, Nye County Clerk, stated that elections are more than 2 days every other year and her office is currently working on elections right now. She stated that she is 2 January 6, 2025 23. For Possible Action — Discussion and deliberation to accept or reject the proposed Memorandum of Understanding regarding the transfer of deputy court clerks to the Fifth Judicial District Court.(Cont’d) people short, have 8 currently on staff all of who are working on voter registration right now.
Commissioner Strickland
asked if all 8 were unionized.
Clerk Freidhof
stated that yes they were.
Commissioner Strickland
the MOU says 7 so one person would be displaced from the union should they decide to move.
Clerk Freidhof
stated that that was correct. She feasibly could lose one in Tonopah, but the Clerk's office is busy. They handle the board of commissioner meetings, the minutes, all the boards in the county, fictitious firm names, and marriage licenses. She agreed that the split does need to happen, and she is behind the courts doing this. Her ask to the county is that she needs 4 people in Tonopah and 3 people in Pahrump to run the 2 offices fully.
Commissioner Stricklan
stated that the document was upside down because it as 4 in Pahrump and 3 in Tonopah.
Clerk Freidhof
understood that the court needs that, but she isn’t sure that they understand that none of the clerks currently in her office are only doing the court. Everyone does multiple duties. She stated that there is no way she can keep the offices open with just 1 person.
Commissioner Jabbour
stated that this isn’t an attack on the DA or the court and appreciates his hand in putting this together. If this goes forward, he would move to reject it to ask that the employees remain in the union and this be a potential vote of the commission, going back to the court saying this is what we are requesting for the employees through the county.
Commissioner Boskovich
opened the item for public comment. Karen Waldman -thanked everyone for fighting for the employees. She asked for clarity on why Ron Boskovich was already listed as the chair on page 4, was it a misprint or prepared in advance. Whitney Richardson, District Court Court Administrator, stated that she would be happy to answer any questions and that the court’s counsel, Todd, was also on the line to answer questions. They have moved forward with this to make it easy for everybody and there is no hostility between the county and the court. Ms. Richardson said that January 6, 2025 23. For Possible Action — Discussion and deliberation to accept or reject the proposed Memorandum of Understanding regarding the transfer of deputy court clerks to the Fifth Judicial District Court.(Cont’d) Todd would be able to answer the questions on the collective bargaining unit. She stated that the court will not be taking over employees. They will be posting the job descriptions and asking employees to apply if they are interested in moving over to the court.
Commissioner Jabbour
asked after the 6 positions are posted, if the people currently working for the clerk’s office do not put in for a transfer, will the court then post it outside or will it be done simultaneously with the posting and would that mean that the clerk’s office would be able to retain the same employees under the allotment for their budget.
Ms. Richardson
said that if the employees wanted to stay with the county, then that is their decision. She wasn't sure how they would move employees over or what that budgetary process would look like. That would be between the judges, the DA and their representative counsel.
Commissioner Strickland
stated that if the clerk’s office is only budgeted for the 7 positions, but they have 8 that stay, 1 would have to be laid off.
Commissioner Jabbour
said that his understanding is that the clerk’s office is budgeted for 10 positions.
Commissioner Strickland
stated that not after they take away the budget for the judicial.
Clerk Freidhof
that right now she does have 10 employees, and we need 7 to run the offices. If she retains the people, she currently has that would leave 1 extra person. If she could have 1 persen in Tonopah then there would be no layoffs. She stated that if the split is going to happen, now is a good time since it is a training year and they start ordering in July. Ammie Nelson - 5" Judicial District court should hire the clerks they need. She isn’t sure how the county will be able to transfer clerks and still have enough clerks to run the county offices. She agreed with Commissioner Jabbour on the collective bargaining for the employees that are union and transfer to the court. She asked if the court employees are paid by the county. She stated that it doesn’t make sense to transfer the clerks when the District Court can hire their own, and that she can’t see how it would work in the county's favor. Linda Clark stated that she feels sorry for the employees because they are like pawns in this. She asked if the employees would get a choice in where they want to be. She stated that she felt the matter should be discussed more and tabled for another time. January 6, 2025 23. For Possible Action — Discussion and deliberation to accept or reject the proposed Memorandum of Understanding regarding the transfer of deputy court clerks to the Fifth Judicial District Court,(Cont’d) Tami Pitman - why are we bothering with an MOU if they’re posting for these jobs and they know what they are getting in to. She stated that it's very redundant and these people are going in with their eyes and they are if they're going to post they know they're not going to be represented. Judge Wanker- stated that some of the people commenting do not understand the history of the District Court. She stated that a Memorandum of Understanding was done between the county and Juvenile Probation and the District court, and this one isn’t any different. She stated that the District Court has gotten bigger over the years, and it is time that they took over the management of the courts. Judge Wanker stated that 98% of the work in Pahrump is court business so they are trying to become more efficient. She wanted to make people aware that the 98% of the work the clerk’s do in Pahrump is process the court business. The court has worked closely with their attorney and the District Attorney to arrive at this agreement, and they know what they are doing. Judge Wanker stated that this is not something new or novel but rather something that the courts are moving to take care for their own District Court administration. She stated that if you were to ask the clerks in Pahrump how much time they spend on clerk functions outside of an election year you'd find that they are mostly doing District Court work. She stated that the court wants to take over the administration because they think they can do it effectively and efficiently, they have new ideas to move the court forward and have full backing from the Nevada Supreme Court. Tim Bohannon - his concern is making sure it is properly allocated and that some of it sounds like an unfunded mandate and if it is make sure we have the accounting on that. He stated that if this gets approved then making sure it is addressed appropriately in the budget and making sure it is properly adjusted as needed in the future. Maryan Hollis - during this discussion there was statement that quote that’s the way it is. She asked why does it have to the way it is and maybe it’s time something to changes. She felt that maybe it is time things changed. She stated that she respected
Commissioner Jabbour’s
support of the workers and that if there is an opportunity to unionize that it should be up to the people involved. She encouraged the board to stop with that’s the way it is and make it something that’s the way it should be. Todd Creer, the attorney for the 5" Judicial District, stated that this MOU is important to both the court and the county because over the years the Nevada Supreme Court has recognized the need to ensure that constitutionally there is a separation of powers between coequal branches of government and this is an issue that has popped up in multiple counties. The MOU does more than just address which clerks are supervised by either the court or the county, it also recognizes the constitutional separation of powers between the two branches of government with the expectation that the parties try and work together so that it doesn’t turn into litigation. Mr. Creer stated that he January 6, 2025 23. For Possible Action — Discussion and deliberation to accept or reject the proposed Memorandum of Understanding regarding the transfer of deputy court clerks to the Fifth Judicial District Court.(Cont’d)} worked with Mr. Kunzi on this covering everything that they believed was necessary to ensure the appropriate separation of powers. He stated that the Nevada Supreme Court has been very clear in previous precedents that the employees who are supervised by the court are court employees and one of the points of the MOU is to prevent a separate government branch from controlling those employees. He called attention to Section 2 letter B and stated that this is not intended to be a hostile takeover of employees, there are provisions that provide the employees with a choice. He stated that there has been one lower court decision that stated NRS 288 does not apply to the court. Mr. Creer stated that this is a good effort on the court and the county to recognize this constitutional issue that has been recognized by the supreme court and to work together to ensure that an overreach isn't taking place.
Commissioner Boskovich
closed public comment.
Commissioner Strickland
moved to accept the proposed Memorandum of Understanding; seconded by Commissioner Koenig; 5 yeas; motion carried 5-0. DA Kunzi stated that when he wrote the contract and the agenda item under the presumption that the vice chair would become the new chair as that is normal practice. He had no communication with anybody on the board and apologized for how that might have been perceived by the public. He did so when the agreement was done he did have to redo it if there was a different chair.
Commissioner Jabbour
asked for confirmation from the DA that he did not speak to any of the commissioners on this. DA Kunzi spoke to none of the commissioners about it. 19. For Possible Action — Discussion and deliberation to: a. Appoint Brett A. Waggoner Naggoner Nye County Manager; County Manager; and b. Approve, amend and approve, or reject an employment agreement between Nye County and Brett A. Waggoner.
Commissioner Boskovich
disclosure-...interest for this agenda item based on advice of counsel | believe my personal past relationship with Wagner is substantially similar to a blood relation and constitutes a conflict of interest in that the independence of judgment of a rational reasonable person in my situation would be materially affected why this relationship and is to the economic advantage of Mr. Waggoner because of this is a clear case of disqualifying conflict of interest i am abstaining from voting on this matter just holler at me when you're done ail right thank you chair January 6, 2025 19. For Possible Action — Discussion and deliberation to: a. Appoint Brett A. Waggoner Nye County Manager; and b. Approve, amend and approve, or reject an employment agreement between Nye County and Brett A. Waggoner. Cont...
Commissioner Boskovich
, not present
Commissioner Strickland
assumed BoCC chair
Commissioner Koenig
One of the problems | have here is under item 4, compensation, I'm not going to argue about the number. That's a lot of money, but on January 6th of each year the county manager's salary shall increase by 5 1/4% assuming he gets a satisfactory performance. Though | would like to put a cap of five years on that because if it continues for five years, he would be making $300,000. And if we keep on going theoretically, he could take all our money. So, | would like to amend that part to somehow put a 5-year cap.
Commissioner Strickland
Are there any other commissioner comments before we get to the appointment?
Commissioner Jabbour
| would like to wait until the public comment.
Commissioner Strickland
ok !et's hear some public comments. Duane Enger-worked recently with Brett re: solar ordinance, thought he did a fantastic job of methodically addressing the situation; you know local town boards and local residences but also obtained examples from across the country that were very relevant to the solar energy generation issue that we've advanced together. And | just would like to vote, you know make a statement of support for Brett's professionalism dealing with some contentious issues as we've seen recently. You know setbacks gets very pointed but overall | was very impressed by Brett’s performance. | work in a number of counties across the country and so I've got a bit of experience engaging with counties and Brett really provides a good representation for Nye County. Those are my comments thank you so Beth Borysewich-| just want to state that just because | do not agree with you or whoever may be listening to my message does not mean that | hate you or dislike you. The hiring process for our next town’s manager is a matter of great importance and it is deeply concerning that it has lacked transparency and public involvement it deserves. The absence of town halls or local search committees not only undermines the trust but also denies our community the chance to fully evaluate candidates. Instead, it seems decisions are being made behind closed doors which creates the assumption that the outcome is predetermined. Transparency is essential for fostering public trust. Nevada's code of ethics reminds us that a public office is a public trust and shall be held for the sole benefit of the people. A hiring process that prioritizes personal relationships over merit risks falling into cronyism which is a form of favoritism that erodes confidence in our local government. There are also serious concerns about potential conflicts of interest. Nevada law under NRS 281-A.420 requires public officials to disclose their January 6, 2025 19. For Possible Action — Discussion and deliberation to: a Appoint Brett A. Waggoner Nye County Manager; and b. Approve, amend and approve, or reject an employment agreement between Nye County and Brett A. Waqgoner. Cont... direct conflicts to protect the integrity of decision making. The close personal relationships involved here raised questions about impartiality and undermined the credibility of this process. Beyond ethical concerns, the role of town manager demands more than just experience in construction. It requires strong leadership, relationship building with residents and a commitment to long term community development. While
Mr. Waggoner
has experience in the planning department, there are reports of dissatisfaction with his leadership and his decisions raise concerns. His approval of businesses, like meta-waste, hazardous waste and solar recycling company demonstrates decisions that could have lasting environmental community impacts. To restore confidence, | propose we take a step back and reset the process. Let's establish a local search committee, and or engage a professional recruitment form and hold public forums to ensure the community's voice is heard. A transparent merit-based approach is essential in selecting a town manager who truly serves the best interests of Pahrump. This is about more than one decision. It's about safeguarding the trust and integrity of our local government for years to come Chris Dancy- expressed his support for Brett as the next county manager and strongly urged the commission to appoint him. Melody Keith- was this delay in giving Mr. Waggoner the position just to placate us into thinking that you were searching somewhere else for a job replacement. There's just too much nepotism in this community. You're either related to somebody you're married, you're a significant other, a child or a cousin. We need new leadership in this town, and I'm totally opposed to this, I’m very upset. Thank you Sandy Muir- The last time this was on the agenda was when the BoCC was supposed to get a headhunter for more qualified applicants. There is only one application which is Brett Waggoner and it's a huge conflict of interest. | agree that too much nepotism. This is just trying to push Brett Waggoner through, but this person is very unethical. Let me remind you about risk-management situation Brett and Boskovich wanted to fire and get rid of risk management. | think his name is Mr. Skinner because Mr. Skinner did not hire Vinny from Tower Pizza, so they wanted to get back at Skinner and get rid of his department, his job and appropriate.
Commissioner Strickland
This is inappropriate, even the DA says this is inappropriate. Brian Kunzi - it is completely inappropriate. You're bringing in personal matters that should not be discussed. So again, | do believe that this is inappropriate public comment. January 6, 2025 19. For Possible Action — Discussion and deliberation to: a. Appoint Brett A. Waqgoner Vaggoner Nye County Manager; County Manager; and b. Approve, amend and approve, or reject an employment agreement between Nye County and Brett A. Waggoner. Cont... Ammie Nelson- | have been going to the planning and zoning meetings for a number of years and Brett Waggoner is the reason why | just love to go to those meetings. He's very professional and he's very aware of other people's opinions and their rights and he's not intrusive. He’s handled himself always in a professional manner. He knows this county backwards so | don't think there would be a problem transitioning from managing that department into managing the county and | think the town comes along with this title. | think he's very capable in my opinion. | think he'd be a great county manager, and | definitely support Brett Waggoner, and | hope you continue with this. Thank you Mike Smith - Pahrump valley disposal-for the past few decades throughout this time we've witnessed remarkable leadership and growth. | would like to take a moment to acknowledge the commendable work of Lorena Dellinger, the assistant county manager, for stepping up and taking on the responsibilities on an interim basis. PVD has had the pleasure of working closely with director Waggoner over the years. It is for this reason we are here today to express our strong support for director Waggoner and his candidacy for the county manager position. Brett has consistently demonstrated an ability to achieve results efficiently, communicate effectively and solve problems adeptly. We would be thrilled to continue our collaboration with him in this new capacity. Thank you for your time. Thank you Frank Carbone- | really don't have very much to say about this particular item but other than if in fact you do approve Mr. Waggoner for this job, he needs to pay attention to the public. And really listen to what they have to say. And work closely with them as he did as the planning director. He did a very good job of listening to the folks. As county manager, there are several steps he will have to really look at. Again, work with the public, the Sheriff's department and collective bargaining. Things that are very difficult and very trying to work with. Lorina, | really appreciate the things you've done. You've really stepped up. | think that if the board makes the decision to bring on Brett Waggoner, | hope you will help him on his new journey. Anthony Ruiz- government relations manager for NV Energy, stated Nv Energy's support of Brett as county manager. Karen Waldman- My concern is not about Brett’s qualifications or ability to lead. My concern is if the chair has to step off for conflict of interest for a vote. What is the relationship between the chair and the county manager? And | don't care if it's you know Bob and Joe, Mary and Joe or whoever, | don't understand how that would work for stepping away for a conflict of interest to vote. That having to deal with on a daily basis a relationship like that and {'d like that explained to me. Thank you January 6, 2025 19. For Possible Action — Discussion and deliberation to: a. Appoint Brett A. Waggoner Nye County Manager; and b. Approve, amend and approve, or reject an employment agreement between Nye County and Brett A. Waggoner. Cont... Tim Bohannon- Reviewing this, there's a couple of thoughts that I’d like the Commission to keep in mind. Some of the qualities of being a good county manager. Relationship builder, team player, emotionally mature, approachable, critical thinker prepared and then try .... So, think about that. And what | have not heard is you know from a critical thinking perspective what is the vision that candidate Waggoner has for the position. | would definitely want to hear that and see if that lines up with some of the thoughts we have from the county perspective. But as we're making decisions and going through, weigh that, we're getting a team player. Are we getting that critical thinker. We've heard some positive comments from others about Mr. Waggoner, and we've heard some positive comments about Dellinger, so | think we have a couple of options here. And if there's comfort within the office of being successful but | want to make sure that you all vet one of the key attributes of being a good quality manager. Sheree Stringer- just as an FYI, everyone is ok. We do have a drive through now. Sherry Stringer, county assessor, we had an 82-year-old man. | don't know if it was a medical episode, but he went through the front of the building. It has wiped out the entire front part of my office with the vehicle. | don't believe that we'll be back in the office at all this week. If you do need assistance, my office in Tonopah is open. There is the website. A lot of people have my cell phone number so ff it is something of importance that they can get in touch with me that way. But my office in Tonopah will be open and thankfully the gentleman that went through the front of the building is OK. The Police Department did bring him home. He was checked out medically, and from what | understand he's OK. All my staff are perfectly fine. I've sent them home for the rest of the day. Shifting gears to item 19. Like | said, | don't have any issue with Mr. Waggoner at all, but my concerns and | don't know if any of this was brought up but as of the 17th of September meeting, Mr. Boskovich had asked that we have an ethics decision from the AG's office. | don't know if that happened and then Commissioner Carbone had asked staff to do a bidding process. And ! don't know if that happened either so those were my two biggest concerns. You'll have to excuse me, f'm still a little shaky but those were my two big concerns. | don't know if those were answered or asked. Thank you. Maryan Hollis- | want to begin with a little bit of humor. | usually like to leave people laughing but I'll open with a little bit. | don't know if you've ever seen the ad for life insurance about the 3P's of life insurance. Price, price, and price. And the ad goes on. My 3P's are process, person and project. And | separate them out. So, my comment is not about the person, and it is not even about the project which is to appoint someone to this position. It's about the process. And several have said “where was the process in this”. | mean, | was at that meeting at the first round and | was left with the thought that this was going to go out to perhaps another search, even a professional search and it hasn't. So, | want to be clear that | have no issue with Brett. He did a tremendous job on January 6, 2025 19. For Possible Action — Discussion and deliberation to: a. Appoint Brett A. Waqgoner Nye County Manager; and b. Approve, amend and approve, or reject an employment agreement between Nye County and Brett A. Waggoner. Cont... a cease-and-desist order that | initiated on shelters here, but I'll leave that over there for now. So, again my question is the process. And again, I've said before | never doubt a pattern, and this just seems to be another pattern of moving people up. Again, it's not the individual, it's the process of just moving people up rather than maybe bringing in some new blood. And in closing 6 words that were spoken today that's gonna be forever in my head ringing that's the way it is. Thank you. Dan Simmons-the Quest Management group and I'm speaking for myself and for Brewin Capital Mark Dunford and some of the other developers and fireworks people. And I've had a number of clients here. I've been working in Nye County for the past 40 years and retired from University of Nevada Reno and | see absolutely nothing wrong with moving people up. Brett, I've worked with him for years. He's efficient and he does something. We've always talked about, and | worked for the county too, a can-do person that sees a problem and finds a solution rather than a bureaucrat that that we could bring in and we've had in the past, but we have a lot happening in 2025 and we need to get it done. And it is not time for on-the-job training. Brett could move right into the position and be very effective. Thank you Linda Clark- | don't have any major complaints against Brett and taking the position. | am a little disappointed that we didn't have more to choose from. | think that based on some of the other procedure that's happened since I've lived here in this town. It's what happens here. Why? | don't know. And | know Deborah has a fit that | brought this up but it's like when we got the JP. More nepotism. | guess Donna brought her in, but | looked at it. Leftover garbage from Nevada and Las Vegas. Why? When we had people here on our own court? That was good.
Commissioner Strickland
This is not appropriate and it's not on subject please. Linda Clark- | knew you're gonna say that so of course. We seem to do things that way here. Nepotism is OK to a point but when does it end? | see a lot of it and almost in every position that is filled here, and | don't have to argue with anybody about that they all know it. So, is that good or is that bad? | don't know and I'm more concerned about who's gonna take Brett's place. We have a serious issue here with our public works and our maintenance department and all the stuff that he handles and that's going to be a really important position to fill. So, who we have in our lineup for our nepotism | don't know I'm sure you have somebody lined up and we'll find out about one of the next meetings and that's the other issue | have is we never find out about these things until we see them on the agenda that bothers me a lot. Thank you. Ryan Breeden- I’m with Deep Roots Harvest, a cannabis company based in Mesquite, NV with jurisdictions across the state including Pahrump, where we operate a cultivation January 6, 2025 19. For Possible Action — Discussion and deliberation to: a. Appoint Brett A. Waqgoner Nye County Manager; and b. Approve, amend and approve, or reject an employment agreement between Nye County and Brett A. Waggoner. Cont... and The Source dispensary. I'm calling in today to voice my support for the appointment of Brett Waggoner for the position of county manager. We acquired The Source in October, and we've had a very positive experience working with the planning department under the direction of Director Waggoner. Our communications with the county have been professional and organized and efficient. We appreciate the communication and partnership and look forward to hopefully working with Brett for many years into the future. Thank you.
Commissioner Strickland
closing public comment and looking for a motion.
Commissioner Bayne
| don't like the position of county manager. | think it's too much power for one person. | don't like the fact that citizens don't elect this person and they're not accountable directly. But you know | have spoken with NAaCo which is our advisor on these things, and it was something interesting about having you know eliminating the position. The problem with that is that you would then by law probably elevate any assistant to that position. So there's a lot that could be discussed. But that being said, having no county manager or commissioners that act as a county manager, which is something that's somewhat allowed, at this time | think would be harmful to county government. Even though we do have an incredibly competent assistant manager, she's been extremely competent and very professional and great in every way. She's not being considered for this position for whatever reason. Without a clear and permanent boss our department heads and our senior employees will not be held accountable. And we have to have someone in this position, so a county manager is unfortunately necessary. As far as my personal opinion, | prefer local people in these jobs. Outsiders can bring chaos. We could bring in an outsider and I've had kind of a lot of experience with city managers, not really county managers, city managers usually and town managers, they can be very disruptive. | don't know if this community has experienced that. Usually, they're very pro-government growth, which is something that they don't sell themselves like that, but it comes out because these are people whose jobs are to grow government, so | don't like that. And it brings chaos to ! believe, this body. This specific role that Brett, Director Waggoner currently is in is very difficult, so | do think his experience is probably the best among county employees. | know he's been very dedicated in this role. | do know him personally. | don't believe we always agree, probably disagree just as much as we agree on things that we've discussed. And it's not often that we do discuss county business. So, at this time | believe he’s not only the best choice but he's the only choice and | will be supporting him. Thank you.
Commissioner Jabbour
At the last meeting, we had 2 applicants. And Brett Waggoner was one of the applicants. And | will reiterate what | said that day. That Brett Waggoner one of the smartest (ohh you don't have to stand up for me Sir) one of the smartest January 6, 2025 19. For Possible Action — Discussion and deliberation to: a. Appoint Brett A. Waggoner Nye County Manager; and b. Approve, amend and approve, or reject an employment agreement between Nye County and Brett A. Waggoner. Cont... people in the room who | respect, | admire, and | started off with what | found interesting was there was no disclosure at the last meeting. OK however today there was a Full disclosure. Full disclosure from not only being advised by legal but by ethics and I'm assuming that they instructed him to recite and read the disclosure. Not just for today but in the future. And recognizing exactly what | said according to the NRS's and the ethics laws and policies procedures that we have to follow. That's what | said. OK and so | appreciate the disclosure. | appreciate conceding this fact. What | want to know from you Director Waggoner is that this is going to be and will be a commitment to the county. The county and its entirety. I've heard town manager. You're not the town manager. If you were approved as the county manager, you are the county manager sitting with two hats multiplied by all of the departments. And yes one of the responsibilities will be sitting as the de facto town manager of Pahrump as we sit as the board, right? So, | want that commitment from you that you're not going to just stay in Pahrump. You're going to travel throughout the county and meet with these different town managers, as you do now as the director. For advice, for guidance, for direction with what they're going through. Even though there is no Pahrump Regional Planning District outside of the district, you're still there. And you're a resource, wealth of information. | will say as you know the policies you know the procedures you know the county better than almost anybody else. | would be remiss not to mention our assistant county manager was under consideration, is qualified, has stepped up and did the job, has taken the bull by the horn, and has really kept us and the county afloat; Lorina, | commend you for that, because you didn’t have to. | appreciate your professionalism. | will support Brett. Director Waggoner — | have no intentions of diminishing my communication and my efforts with outlying communities; | have made it a promise. And | have upheld that promise. | believe most of them would agree, if not all. | would be surprised if they didn't. As far as my availability, | have that now. | mean | joke all the time. You know | take a day off, but it isn't really a day off. It's never a day off. | mean I'll be in the office that day, but | am always available, and you could ask the Sheriffs Department, fire department, | mean it doesn't matter what hour of the day anybody that needs me. Yes, | do screen calls. I'll admit that but if | know | need to answer it, who it is, | will answer it. If they leave a message, if | did screen it and { listen to that message immediately which | always will, | call them back. There isn't always business that is outside of business hours, but there is definitely gonna be business that's outside of normal business hours, so | appreciate all that. And | do give you my promise that | will continue operating in that fashion, thank you.
Commissioner Koenig-thought
Brett was ideal for the job as he dealt well with the public and your people January 6, 2025 19. For Possible Action — Discussion and deliberation to: a. Appoint Brett A. Waggoner Nye County Manager: and b. Approve, amend and approve, or reject an employment agreement between Nye County and Brett A. Waggoner. Cont...
Commissioner Koenig
motioned to a. appointed Brett A Waggoner as Nye County manager and b. amend to add five-year termination for the 5.25% raise, and approve the agreement between the county and Brett A. Waggoner, Commissioner Bayne seconded: 4 yeas
Commissioner Boskovich
was present and assumed BoCC chair
24. For Possible Action — Discussion and deliberation to:
Commissioner Bayne
Do we have a legal duty to restore all these documents and is there a degree by which we have a legal duty to restore all of these documents? Dawn Sligar, chief deputy Recorder, - I'm not positive on that answer but | can tell you we are responsible for taking care of the records. And | believe it's our duty to restore the ones that are not at adequate levels. We aren't restoring all of our records; we're just restoring the ones that the bindings have gotten ruined or for some reason you know there's questions about the paper quality, things like that. Or if pages are falling out. So those are the books that we're restoring currently. In that process, because we've already been doing this for a couple years, we came to find out that when we sent them off for restoration, they were coming back twice as big. That's why we ended up January 6, 2025 24. For Possible Action — Discussion and deliberation to: a. Discuss the proposal received for Bid No. 2024-11 Preservation of Historical Books and Installation of Shelving Solutions; b. Award Bid No. 2024-11 to Kofile Technologies, Inc. in the amount of 416,481.27; c. Approve or amend and approve the contract with selected bidder; d. Fund to 10320 Recorder Technology; or e. Reject bid and provide direction to staff on how to proceed with the project. Cont... needing this shelving project, and we have the funds to do it. We really just think this is a great project. It's great for the whole county. In my opinion, we need to keep these records good forever.
Commissioner Bayne
| do support maintaining records. | just was curious as to what, because in Massachusetts, there was a town document between Massachusetts and Natick MA. It was written in something like 1680, and | tried to get a copy. That was the town charter, and it had been destroyed, so | don't like seeing that kind of thing at all. I'm very much in favor of preserving what's going on up here. You have more of history up here. 1 do appreciate that. | was just curious, that's all. Thank you for your time Dawn Sligar- Our records do go back to 1864.
Commissioner Koenig
asked Helen if she reviewed this request. Helen Bae-yes, and this was part of the CIP for this year and the board approved up to $540,000
Commissioner Koenig
so in your opinion we can afford this. Helen Bae-yes was approved as part of the yearly capital improvement planning Public Comment-none
Commissioner Strickland
moved to award bid no 2024-11 to Coalfield Technology in the amount of $416,481.27, approve the contract, fund to 10320 recorder’s technology;
Commissioner Jabbour
& Commissioner Koenig seconded; 5 yeas January 6, 2025
25. For Possible Action — Discussion and deliberation to:
Commissioner Koenig-can
we afford it? Because this was something giving us a $1 million but he understood there were costs involved that would cost more than $1 million. Helen Bae-this agreement used to be a simple interagency agreement with DOE, but this year we are doing a reimbursable agreement; a cooperative agreement and it is like a grant, category of a grant, where it was a reimbursable; the benefit is that the county would recoup all its costs directly related to providing this service; I've worked closely with SO to come up with the appropriate budget that maximizes our cost areas that could be recouped so the county did not end up subsidizing the federal government. The agreement in the back-up states that almost 98% of the cost was given to the county and the county provides a maximum amount of support costs to this agreement that the federal government had agreed to. | also believed in the back-up there as attachment 4 that laid out what the county was being reimbursed on, which was everything except uniform and cell phone which was considered a fringe benefit. This was better than what was in place in the past
Commissioner Strickland
made a motion to-approve the AA with the US Dept of Energy in the amount of $1,076,310.40, fund to 10340 grants, and execute the agreement;
Commissioner Koenig
seconds; 5 yeas
26. For Possible Action — Discussion and deliberation to:
Commissioner Koenig
makes a motion to determine Nye County Sheriff's office K-9 Lotus [read agenda item] and also say thank you to K9 Lotus and happy retirement to Deputy Beard.
Commissioner Bayne
seconded; 5 yeas
27. For Possible Action — Discussion and deliberation to approve, amend and
Commissioner Koenig
motion to continue until the next meeting.
28. For Possible Action — Discussion and deliberation to extend the effective date
Commissioner Strickland
I'll make a motion to approve item as written.
Commissioner Jabbour
seconds. PC-none 5 yeas January 6, 2025
29. For Possible Action —- Discussion and deliberation to adopt, amend and adopt,
Commissioner Boskovich-understood
this would sort of close a loop allowing people outside of Nye County to bring in their garbage to dump it free of charge Director Bolling-yes Cody McKee-I just want to give a broad overview for the board and the public to discuss the need for this change and the update to our fee schedule and our tipping fees. Essentially as you know with inflation the cost of operating landfills has increased, that has created a budget shortfall, and the intent of this fee increase is to basically make us whole and be able to fund our landfill operations. This also gives us some funding to be able to make some strategic purchases for necessary heavy landfill equipment such as a trash compactor. This also helps us become compliant with the Nevada Department of Environmental protections mandate that we install scales at our Tonopah landfill. So those costs are also included in this, and this change would help us to fund those improvements and I'd be happy to answer any questions you may have
Commissioner Bayne-this
will affect people's fees, correct? | mean it's not just affecting people from out of town or out of the county? Is that correct? Cody-correct; this would increase residential and vacant property by $5 per year, from $30 to $35 per year.
Commissioner Bayne
Do you oversee this budget shown on the graph? Cody-Tom’s office does oversee that.
Commissioner Bayne
when was the last time these services balanced? Cody-FY21 positive $190,000, FY22, negative appx. $199,000, FY23, $153,000, and FY24 $224,000 but the numbers on FY 24 are not final.
Commissioner Bayne
Are you taking any outside revenue for this, or are you self- contained, why is there such a budget shortfall? Cody-including our capital purchasing needs that we need for equipment that's needed as well as the scales that's needed in accordance with in-depth mandate. So that budget shortfall encompasses all of that. January 6, 2025 29. For Possible Action — Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2025-01: A Resolution amending and enacting the schedule of fees required by Nye County Code Title 8, titled Health and Safety, Chapter 24, titled Solid Waste Management, Sections 240 Fees for Disposal of Solid Waste at Facilities, 440 Application, Monitoring and Load Fees, and 580 Application, Monitoring and Load Fees.
Commissioner Bayne
Understood. What other things have you tried to do to balance this other than to come here to this board for a fee increase? Have you tried anything else? Is it part of a process? What led you here? So there are some fixed variables that we cannot change. For example, operating contracts are in place and those have an inflation rate that's associated with those on an annual basis. So those are fixed numbers that we have no control over. Landfill staff is pretty minimal. At Tonopah, there’s usually 2 employees there working. We have an operating contract in Round Mountain and Pahrump but again those are fixed values and those increase on a CPI basis.
Commissioner Bayne
| think you misunderstood the question. My apologies. Who have you gone to with the problem of the budget? | assume the person who checks you in at the dump is not handling the budget, correct? Who have you gone to specifically to try to balance this away other than raising fees? Thank you, Sir. Director Bolling - so about 15 months ago | requested my financial manager to do a little mini audit of the budget versus the expenditures. This is actually its own fund. Everything that comes that we collect for taxes goes into a special fund that is only to be spent on this, on landfills, on closure and post closure fees. So whenever she came to me with the shortfalls, ultimately because | wanted to know when we were going to reach the 0 like you asked. When we were going to start spending more money than what we take in yearly. She came to me and said we did that three years ago.
Commissioner Bayne
So we did what? We did what three years ago? Director Bolling - I'm sorry, spending more money than we take in. OK now we do have a nest egg built up from the years of collecting doilars so it's not like we're out of money right? But we have to show an increase in revenues coming in because eventually landfills fill up. Eventually we're going to have to dig new landfills. We're going to have to expand landfills and that is become severely costly. For us to move, even to expand the Pahrump landfill, it's going to cost $15 million. We don't have $15 million for that. So we're trying to look towards the future. What it's going to take for us in the future in order to be able to continue to be able to deposit trash in the locales that we do currently. Tonopah and Round Mountain are a lot better off because they have a lot more land and a lot more future availability for depositing waste. Pahrump, not so much. So that's what most of this is. Collecting revenues for us to be able to continue to move forward with our landfills. Yes, anything that is collected for this revenue stream is spent in this revenue stream.
Commissioner Bayne
So 15 months ago you noticed the potential for this problem? January 6, 2025 Director Bolling - | requested because | have not seen any reports from the previous directors on when our expectancy to go basically from the positive to the negative was. and so that's why | requested that from my financial manager.
Commissioner Bayne
It’s not my intent to be critical of this board at previous time but you can understand my position. I've been a commissioner for three hours and 11 minutes and then | have this and you're asking to raise fees on everybody in the county. It's no reflection of you or anyone that sits up here or anyone previously sat up here. Do you know of any alternatives to this fee increase? Director Bolling - We search for grants and stuff like that. | mean right now we have grants that we have applied for and then we're hopefully going to get some of those. But again, this is just the beginning of how we're going to fix the problem that we have.
Commissioner Bayne
~ right which t would just say this and thank you Sir. | appreciate your time. When a tax or fee is put on this board it's very serious and | don't again. | don’t know the process and | haven't been educated on it but | do know from an outside perspective there's a question of the seriousness of even this body entertaining something like this. And it does cause concern for people whether it happens or not it has been expressed to me as being somewhat of appearing frivolous. I'm not saying that's the case but that's something that could be discussed at a later time and has nothing to do with you or your budget. Just at this time | don't think | have enough information. | have one graph. Do you have this same graph from last year? Do you have something like? Because this graph about how we need money right now but do you have the budget revenue 2024 and budgeted shortfall 2024? And | understand you say you're budgeting in here new things like whatever trucks or mechanical stuff and that seems to be, from what you're saying the problem. Is that correct? yeah do you have a way to show what percentage of this shortfall is? Are these added things and what is just the cost of doing business? Do you have that information or no? Director Bolling - not in the current backup no
Commissioner Bayne
| just I’m just not prepared to. | vote present on this today, so | apologize. Thank you, sir, for your time.
Commissioner Koenig
!| have been talking to several people the last few weeks. We've been talking about the landfill for | don't know how many years. OK because we know the landfills are filling up and we know what happens when the landfill fills up. You've got to fix it so it looks like it used to. It is going to cost us many millions of dollars all we've done for the last X number of years is talk about it. We're getting close now. If we don't do something pretty soon it'll be time. When time comes and we still haven't done anything except kick the can down the road, | don't know what we're gonna do. Because we won't have a hole in the ground to put the garbage and we won't have whatever we need to cover the old one up so it looks real pretty like it used to be. It's time to do something to prepare for the future when we need that money. That's my comment. Thank you. January 6, 2025 29. For Possible Action — Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2025-01: A Resolution amending and enacting the schedule of fees required by Nye County Code Title 8, titled Health and Safety, Chapter 24, titled Solid Waste Management, Sections 240 Fees for Disposal of Solid Waste at Facilities, 440 Application, Monitoring and Load Fees, and 580 Application, Monitoring and Load Fees.
Commissioner Strickland
My only comment is | attacked this two years ago and an MOU with Murphy Construction for a pit that was already dug out which the board rejected and did not pursue. And so shame on us. That is all | can say.
Commissioner Jabbour
and Commissioner Strickland argue for a minute.
Commissioner Jabbour
at this time, I'm going to respectfully make a motion to continue this item before we reject this item, so it gives the director opportunity to come back with more backup, more information, and more clarity because this is a tax. It is a tax on every property owner in the county that they weren't prepared for, and the perception is that we're just going to put it through as if it was under consent agenda and I’m not OK with that either.
Commissioner Boskovich
How much time would you like on that? Continue to what?
Commissioner Jabbour
How much time would you like director? Director Bolling — before the tax rolls. Not more than a month.
Commissioner Jabbour
first meeting in February; Commissioner Strickland second to continue
Commissioner Boskovich
calls for public comment. Carol Varkalis — for the past 7 years that 25 tons of solid waste are being removed from our desert by volunteers and taken to our landfill. We appreciate all that they've done to keep our public land clean, but we really need the BoCC to seek reimbursement from BLM for the illegally dumped tonnage that is moving into our lands. The cost shouldn't fall on the county residents. If there was a more robust recycling program here, it wouldn't fill up the landfills. We also need your support to encourage BLM to install trail cams to stop illegal dumping. The other issue is when IDs become required for out-of- county people, and they are turned away they will likely dump in our desert. Please consider installing highway signage on the county line and Hwy. entrances to prompt to encourage the out-of-country dumpers to turn around to cut them off at the pass. Ammie Nelson-this is true and | might remind the board that the BLM land is available for anything as long as you define what you're going to use that land for, you can get as much land as you want and it probably won't cost you a dime if you need the information | can get it once again. My neighbors retired BLM and was telling me about it and | January 6, 2025 29. For Possible Action - Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2025-01: A Resolution amending and enacting the schedule of fees required by Nye County Code Title 8, titled Health and Safety, Chapter 24, titled Solid Waste Management, Sections 240 Fees for Disposal of Solid Waste at Facilities, 440 Application, Monitoring and Load Fees, and 580 Application, Monitoring and Load Fees. Cont... presented that to you when two years ago when you wanted to spend $1,000,000 on a piece of property when you could get all the land you want from BLM Linda Clark - OK we're still the dump from Pahrump. People want to use us for everything, and are we getting fair payback for it? | don't think so. But anyway, that's what it is, so when we run out of space. | guess we can use our backyards. The other thing | have a problem with is we're sitting around waiting. Mr. Bolling said “aww, let's wait for some more grants.” Gosh we can't do anything in this community without more grants Think about that because it's taxpayer dollars. It's our money that's going for these grants to pay for someone else to come and dump stuff here. Thank you. Maryan Hollis - Commissioner Strickland referenced a discussion two years ago for the purchase of Murphy property. Included in that discussion was her gun range project if | remember correctly. So, it's a little disingenuous to just suggest it was about purchasing a pit. However, at that time if | recall correctly there was a directive from the chair Strickland to the DA to have a conversation with the Murphy family and maybe propose some sort of agreement holding off purchasing of it under further discussion. And | don't recall any report of how that discussion went. It kind of hung up hung up there in the air. So, if it's possible, perhaps the DA can give a recount of that conversation and how that turned out? | think it's just another piece that's been left up in the air and unreported on. Thank you. Karen Waldman- In looking through this | was looking at the hazardous material information. 1 don't know if the pricing on this “will” keep hazardous waste out of the dump it seems low at $1.40 a ton. | know there's other fees involved in it but the reason why so many of these companies come here to took to dump here is because it's not cost effective for them to dump like in California. So, I'm not sure where these fees came up but | would hope that someone has done the research to make sure that we are not an entity that makes it inexpensive to dump here regardless of whether they live in Nye County or they're coming in from another county. Because those fees definitely need to be looked at. Thank you very much. Tamie Pitman- so interestingly enough | had a conversation with Mr. Smith who happens to be here about that particular land, that Murphy land, and there's a right of way from the road like what's 150 yards 1000-foot setback. So, only the tiniest sliver of that land would actually be able to be used for a dump so it would not be good cost effective like money for use thank you thank you anybody January 6, 2025 29. For Possible Action — Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2025-01: A Resolution amending and enacting the schedule of fees required by Nye County Code Title 8, titled Health and Safety, Chapter 24, titled Solid Waste Management, Sections 240 Fees for Disposal of Solid Waste at Facilities, 440 Application, Monitoring and Load Fees, and 580 Application, Monitoring and Load Fees. Cont...
Commissioner Strickland
at the last meeting, | gave direction to staff and asked for us to figure out why we can't use our investment accounts | don't know to invest in prompt we talked about roads at the time why can't we invest our money in our own landfill is beyond my understanding. How can we have $165 million just sitting there in investments. | want that figured out and I'm tired of waiting on it. Direction to staff
Commissioner Boskovich
calls for the vote: 4 yeas; 0 nays and 1 no vote (Bayne)
31. Commissioner/Manager Comments {This item is limited to announcements,
Commissioner Strickland-OK
, so my daughter is Tony Wald, and she just pointed out to me that she got an overage charge on her fee for her 3-yard dump. She's got a 3-yard container, I've got a 5-yard container, most of you probably have a 1 yarder that you push out to the road. She got an overage charge because it went over the top of the container. This has not happened to me, which is surprising enough because my container | put out on Fridays. People put stuff in my damn container like they're doing at Smiths and everywhere else and so if this is happening all over town and we're in fact paying the extra $20 as the consumer because somebody else can't take care of their own trash, | have a problem with that, and | want that looked at. And how our contract reads and our fees because | can't find it anywhere, nor can staff. That they're allowed to charge $20. So, staff, | want to know what's going on. So, I'd like to find out why our public's being charged. Are we not being charged if we don't fill it up or are we not being charged if we don't take it out there? Because | didn't take mine out last week. Do i get a credit? Yeah, this is a problem. So anyway, let's see what happens with this thank you.
Commissioner Jabbour-protect
your children, chip your pets, and seal your driveways, and conserve water, very important. Thank you. January 6, 2025 31. Commissioner/Manager Comments (This item is limited to announcements, brief discussions of public comments, correction of factual inaccuracies, direction to staff, or topics proposed for future board meetings. Lengthy deliberation of topics not on the agenda is prohibited by the Nevada Open Meeting Law).
Commissioner Koenig
and Commissioner Bayne, no comment
Commissioner Boskovich-thanked
everyone for showing up, really thanked staff and this group of commissioners right here as this was a class act and got a lot of stuff done in a short period of time.
32. ADJOURN
Commissioner Boskovich
adjourned the meeting. APPROVED this aoe ot_ Ways WALA Chair i Nye County Glerk / Deputy | day ATTEST: | am requesting this be made part of the public record. Good morning to the returning commissioners and a welcome to the new ones. | hope that this new Board will move forward in a mote fiscally responsible manner than what | saw happen in 2024. This Board will be tasked with many things that can either destroy our community or strengthen it, and | hope you choose wisely. The future 40-acre homeless shelter will be weaving in and out of your purview - this must not happen unless you want the cancer that has spread from other places to hit here. | expect you to use your full power to make sure this doesn’t happen, including writing a strong homeless ordinance that includes shelters and their proposed “transitional housing.” You have been elected to be good stewards of the various entities that Nye County envelops. That includes paying careful attention to how all of your decisions affect the citizens here. We are not an endless piggy bank for pet projects that may seem wonderful but are not affordable. That includes awarding grants to some of the nonprofits that fail to show how that money is used for anything other than paying their salaries and overhead. | woutd like to commend one nonprofit that has a wonderful goal - to turn their tragedy into helping others so what he experienced would not be repeated. Jason Mann of the Pahrump Animal Protection Association has Pet Alerts to help the fire department know there are pets that need rescuing in case of a fire. And finally, you are blessed (although you might not agree with that assessment) with an involved community who show up and express their opinions at these meetings. I trust that this Board will do nothing to curtail public comments. Doing so would point to your need for a lack of transparency and public input for your actions. Karen Watdman BOCC 010625 Opening Public Comments Exhibit 1