January 7, 2014

Commissioner Cox

was not present.

Commissioner Cox

was present via telephone.

Mr. Berthold

noted the use of volunteers at the Pahrump shelter continued unabated and they were not required to undergo any specific training. He asked the Board of County Commissioners to reinstate the volunteer program at the northern Nye animal shelter in Tonopah as what was permitted in Pahrump should be allowed in Tonopah as well. January 7, 2014

Commissioner Wichman

made a motion to nominate Commissione r Schinhofen; seconded by Commissioner Carbone; 5 yeas.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners.

Commissioner Carbone

made a motion to nominate Commissioner Wichman; seconded by Commissioner Borasky; 5 yeas.

Commissioner Wichman

made a motion to approve; seconded by Comm issioner Carbone; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

said she planned to attend the informal meetin g on the sage grouse in Winnemucca on January 15, 2014, and was also contacted by Senator Reid’s office to speak about the same issue. Her only concern at this point was the suggestion from the offices of Senators Reid and Holler that they wanted to use WSAs and inventoried roadless areas for sage grouse habitat. If her calculations were correct, about 95% of those in the State of Nevada were all in Nye County. Pam Webster advised the FAA announced six national locations for UAV test sites and Nevada was chosen as one of them. There were four selected sites within Nevada, one of which was Desert Rock at the NNSS test site. Nye County was very excited to be part of that program and to hopefully see economic development throug h job creation and other business expansion and creation. She said it was a huge opport unity for the County. Sam Merlino reminded everyone financial disclosures were due January 15, 2014.

Commissioner Schinhofen

said he would travel to Washington, D.C. next week, Sunday through Wednesday, to meet with the DOE and the congressional delega tion about Area 5 and Yucca Mountain.

Commissioner Schinhofen

advised staff would have a meeting on Friday regarding the BLM RMP before the BLM meeting the following week. He would attend by phone. January 7, 2014

Commissioner Schinhofen

stated there would be a meeting on January 17, 2014, between the DOE and the working group re9arding the U233 and U235. They had asked the State to include them, but the State would not agree to that. They did agree to meet with them before the meeting on January 17, 2014.

Commissioner Schinhofen

said he would appoint liaison positions at the next Pahrump meeting and asked the Commissioners to give him a list of what they would be interested in before that meeting.

Mrs. Webster

said CML and ethics training would be held throughout the County via video conferencing on January 22, 2014, from 1:00 p.m. to 4:00 p.m. She encouraged anyone who dealt with any kind of meeting that had CML requirements to attend as it would be very informative. They were also reaching out to the town boards.

Commissioner Carbone

said the Basin 162 Committee members should attend also.

Commissioner Borasky

said he would attend the sage grouse meeting next Wednesday also.

Commissioner Wichman

advised she would have an agenda item in the future asking for help contributing to the Belmont courthouse window project.

Commissioner Schinhofen

said he would like to hear from EMS at the next meeting about getting a volunteer program set up in Tonopah, why it could not be done, and options to get it done.

Commissioner Carbone

understood it was to go out to bid at one time for the northern County.

Commissioner Schinhofen

asked the County Manager to bring that possibility back also.

Commissioner Schinhofen

asked again for staff to see about paying off the jail bond. Page4 January 7, 2014 TIMED ITEMS

Commissioner Schinhofen

assumed the Chair of the Board of Road Commissioners.

Commissioner Cox

was not present.

Commissioner Wichman

made a motion to adopt Nye County Resolutions RC2OI 3-421 through RC2OI 3-460; seconded by Commissioner Carbone; 4 yeas. SITTING AS THE NYE COUNTY BOARD OF ROAD COMMISSIONERS

Commissioner Borasky

made a motion to nominate Commissioner Carbone; seconded by Commissioner Wichman; 4 yeas.

Commissioner Carbone

assumed the Chair of the Board of Road Commissioners.

Commissioner Borasky

made a motion to nominate Commissioner Schinhofen; seconded by Commissioner Wichman; 4 yeas.

Commissioner Borasky

stated he had a request regarding the speed limit in front of the high school where it was 15 mph. Since they were young adults, the thought was that the better speeds would be 25 mph and 35 mph versus a 15-25-35 graduation. He asked Mr. Fanning to look into it and see if there was a possibility of doing that. Brian Kunzi advised NRS mandated speed limits around schools. Mr. Fanning said he would provide Commissioner Borasky with that information.

Commissioner Schinhofen

asked Mr. Fanning if his department would do any groundbreaking for the IT building. Mr. Fanning said no. They were redoing the plan to move it along, but they did not have that much to do with it. January 7, 2014 Pam Webster stated Mr. Fanning agreed to help with the staking of the building, but it was part of the contract with Pacman for them to do the site preparation.

Commissioner Carbone

expressed concern with issues regarding the corner apron approaches on various streets that connected to Highway 160.

Mr. Fanning

stated there was nothing the County had the legal ability to do about them. They had been reviewed during five or six safety audits in the past with NDOT and were documented, but NDOT found that they were not a liability due to the fact that there was a stop sign that stopped the traffic. NDOT’s interpretation was a driver could either go or wait for traffic to go by.

Commissioner Schinhofen

asked if it would help if the Board drafted a letter about a few of those intersections in particular stating the concerns about those and ask for widening. Mr. Fanning said that had been tried under the RSA and still nothing had been done, but it could be tried again.

Commissioner Wichman

asked for an update on the grant for the Manhattan road. Mr. Fanning advised there was nothing to update. They convened from the field meeting and took it back to their committee. Their response was due any day and he would tell the Commissioners when he knew.

Commissioner Wichman

made a motion to set the public hearing for February 4, 2014, at 10:15 a.m.; seconded by Commissioner Schinhofen; 4 yeas. TIMED ITEMS-Cont’d. it 10:30 Presentation of certificate andlor plagues to five (5) employees honored for their years of service. Certificates and/or plaques were presented to the following employees for their years of service: 20 years: Shane Lara 15 years: Christopher Puckett 10 years: Eileen Woifrey 5 years: Novalee Medlock; Amanda Van Houten January 7, 2014 12. 10:30 Presentation by Mark Sullivan from NV Energy on construction status for the ON line Transmission Line Project. Mark Sullivan from NDOT advised the line was energized on December 31, 2013. The project took six years in planning and three years in construction. Most of the construction work was complete, but the environmental and reclamation processes were ongoing.

Mr. Sullivan

advised the roads were substantially complete, but there was one issue with a guy wire marker that was being addressed. He reminded the Commissioners of their invitation to the dedication ceremony on January 23, 2014.

Commissioner Wichman

asked if the BLM from the Ely District forced NV Energy to do reclamation on the minor County roads. Mr. Sullivan said he understood that some of the roads were widened out to allow for equipment access and they had to reclaim those down to a single lane if they were that way before. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Carbone

made a motion to re-elect Commissioner Borasky; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Carbone

made a motion to nominate Commissioner Cox; seconded by

Commissioner Borasky

; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made.

Commissioner Wichman

made a motion to approve items 20 and 21; seconded by

Commissioner Carbone

said he had a question about item 21. January 7, 2074 CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made.-Cont’d.

Commissioner Wichman

amended her motion to approve item 20; Commissioner Borasky amended his second; 5 yeas.

Commissioner Wichman

amended her motion to approve item 20; Commissioner Borasky amended his second; 5 yeas.

Commissioner Carbone

said when he read the documentation it sounded like EPA and Brownfields were getting involved in economic development, specifically solar. Pam Webster explained this grant gave the County the ability to identify sites with potential Brownfields situations on them, perform a Phase I, and identify anything that needed to be corrected on the property so it could be sellable or usable for renewable energy of some sort and be moved into an economic development opportunity.

Commissioner Carbone

said it read that they were looking for economic development and he thought this was just for the County to point out the areas where it believed reclamation was needed. Mrs. Webster said that was correct.

Commissioner Carbone

asked if there would be a federal attachment once this was done. Mrs. Webster said no. This was just to identify the site and what needed to be done for reclamation. Another fund could then be used to clean it up and make it available for sale as it would not be sellable as a Brownfields site.

Commissioner Carbone

asked if this only applied to property purchased with no knowledge of the property. Mrs. Webster said that was correct.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Bo rasky.

Commissioner Cox

asked if there were any strings attached to this grant. Mrs. Webster stated this was the County’s second one and she did not know of any issues or strings that came along with any that had been done so far. January 7, 2014 21. For Possible Action Approval to submit an application to US Environmental Protection Agency for a Brownfields Coalition Assessment Grant to complete site identification, assessment, and reuse planning throughout the Coalition area. Cont’d.

Commissioner Cox

asked if it would affect the title to the property or put a lien on the property. Mrs. Webster said no. The counties identify the property and offer it up for an evaluation and site assessment, but the counties did not look for them. Someone might have property that they acquired that had a Brownfields situation on it and they request that it be cleaned up.

Commissioner Cox

asked if this was done at a property owners request and not the County’s request. Mrs. Webster stated most of the circumstances she had seen the homeowner went to the County and requested the assessment.

Commissioner Cox

said she was not clear on who was making the request. Mrs. Webster explained sometimes a site had a buyer and they wanted to assess the property and go forward with the sale.

Commissioner Schinhofen

suggested Commissioner Cox meet with the Assistant County Manager who spearheaded this and could give her all the background and history. Darrell Lacy said that one key issue trying to be addressed with these sites was it could help a new buyer get out of the liability that would exist from not cleaning up the property. Brian Kunzi said Commissioner Cox’s concern was whether someone could use this as basically a sword to force the County to do something. He stated that would not happen. The County had absolute control over applying for the grant as it was a Nye County grant.

Commissioner Carbone

said Commissioner Cox also did not want a government entity to come in and say they were going to do this particular property instead of specific individuals who owned the property asking for assistance.

Mr. Kunzi

advised the grant was not set up that way and everything had to come through the County.

Commissioner Cox

asked if this meant the government could put money into a private individual’s property so they could sell it. Mrs. Webster stated all the County was doing was as the properties were identified and requests for assessments came in then the grant paid for that assessment. It did not pay for the clean up or anything else.

Commissioner Carbone

asked if that could only be requested by the person who owned the property. Mrs. Webster said that was correct. January 7, 2014 21. For Possible Action Approval to submit an application to US Environmental Protection Agency for a Brownfields Coalition Assessment Grant to complete site identification, assessment, and reuse planning throughout the Coalition area. Cont’d.

Mr. Kunzi

said a majority of the parcel owners protesting the dissolution was not received. Mrs. Merlino said that was correct.

Mr. Kunzi

advised the Board could proceed since a majority was not received.

Commissioner Schinhofen

opened the public hearing. Dale Salmen, Chairman of the Smoky Valley Television District Board, stated that personally for him dissolving the television board would give him more time to golf. He said he talked at the December meeting and in the Tonopah paper after that there was an advertisement that said the television board was dissolved and the County was taking it over on December 31, 2013. He called the District Attorney’s Office and talked to Maria Zlotek, who said that was a mistake but could not explain how it got into the newspaper. Midge Carver also believed the board was already dissolved. Regarding people not being elected, Mr. Salmen advised all those who had been appointed would now go for election if the Board decided not to dissolve the district. As to how the assessment was done, they did have UPS count the antennas, but they were told by the District Attorney’s Office that was wrong and it should be done by parcels. January 7, 2014 13. 10:45 For Possible Action Public hearing, discussion and deliberation to: - — 1) adopt1 amend and adopt, or reject Nye County Bill No. 2013-21-Cont’d. He said there was also problem with exemptions for the assessment, but as a board if there was no motion to grant exemptions then nothing could be done.

Commissioner Schinhofen

closed the public hearing.

Mr. Kunzi

stated when Mr. Salmen came on as chairman he tried to sort out the very difficult problems that he inherited and had done a remarkable job of trying to keep it together. The problem Mr. Kunzi saw with this, and some of the confusion with the notices in the paper, was that there were two ordinances. One proposed the dissolution, which became effective at the end of the December, but that was not the ordinance actually dissolving the district. First an ordinance declaring that the Board thought it was appropriate to dissolve it was adopted and hearings were held before the actual dissolution. Mr. Kunzi felt the one service that was used more than the television was the radio and he thought the Board needed to wrestle with how to continue with the radio service and deal with the licenses.

Commissioner Schinhofen

said that was not the topic today though. Mr. Kunzi advised it was when talking about dissolution. One of the things that had not been discussed publicly was that dissolution was not the only option available. The district could be merged into the County and the County could operate the district which would allow the County to use the resources to continue operating it.

Commissioner Wichman

stated that after long conversations with Milan Dimic it was her intention to ask the County Manager to have a project number assigned to the assets turned over from the Smoky Valley Television District should it be dissolved. In doing that, all of the services on that site would remain and according to the IT Director there was no reason to disrupt any service currently out there.

Mr. Kunzi

stated if the Board dissolved the district there was a provision that the money had to be returned to the district after six months, so the assets from the district could not be held for an indefinite period of time if it was dissolved. The County could operate it for six months, but any money left after that time had to be returned to the owners on a pro rata basis.

Commissioner Wichman

asked if there was any way to maintain that site as long as the money lasted. Mr. Kunzi said he did not know as he did not know how much money it would take, but whatever was left in the coffers six months after it was dissolved had to be rebated back leaving the County with zero money.

Commissioner Schinhofen

asked if it could be dissolved now and another solution brought back later or if it all had to be decided right now. January 7, 2014 13. 10:45 For Possible Action Public hearinQ, discussion and deliberation to: - — 1) adopt, amend and adopt, or reject Nye County Bill No. 2013-21-Cont’d.

Commissioner Wichman

said this had dragged on long enough and it needed to be decided, but it was also her understanding all along that money could be used to maintain the site for as long as it could. She also knew the assets had to be turned over to the County, but they could remain on that site as it was also the State’s and County’s corn site so the residents who had paid for that service would never see any difference and the assessments would no longer be on their taxes. The television district would be dissolved but the service would be intact.

Mr. Kunzi

did not disagree with Commissioner Wichman, but he noted the problem was the statutory provision that said on dissolution the money could only be used for a period of six months.

Commissioner Wichman

suggested using as much as could be used to update and work on the site.

Mr. Kunzi

stated that as a Board the Commissioners had the same powers to exercise that a general improvement district did, including the power to do an assessment to maintain the site, but he felt there was a lot of confusion about the use of the money and it only applied if it was dissolved. If it was merged with another governmental entity, the money did not have to go back.

Commissioner Wichman

asked if rather than a dissolution if it could be a merger with the Board of County Commissioners. Mr. Kunzi said that was correct and the Board would just continue to operate the general improvement district. That would keep things in place with regard to the assessment also.

Commissioner Wichman

noted the option for Bill 2013-21 did not provide for that. Mr. Kunzi recommended amending the bill to merge into Nye County where it said dissolution.

Commissioner Wichman

made a motion to amend and adopt Nye County Bill 2013-21 to read everywhere it said “dissolve” to make it read “merge with the Nye County Board of Commissioners” and to direct the County Manager to direct the IT Director to bring forward an assessment of what was needed on the site, with an effective date of February 3, 2014; seconded by Commissioner Borasky.

Commissioner Cox

asked if the County took this over if it would cause the assessment to increase. Mr. Kunzi stated that was entirely the Board’s decision if it was merged. He noted the assessment was for the entire tax year so they had already been assessed through June 30, 2014, but the Board could change, increase or decrease it as with the merger it would become the governing body for the general improvement district. January 7, 2014 13. 1 0:45 For Possible Action Public hearing, discussion and deliberation to: - — 1) adopt, amend and adopt, or reject Nye County Bill No. 2013-21-Cont’d.

Commissioner Cox

said she would like to see figures as to what it would cost the County to operate it as compared to what it cost now. Pam Webster advised Milan Dimic was maintaining it right now for his own needs and he had volunteered to do this.

Commissioner Cox

stated if it did change she would like to see it put in writing.

Commissioner Wichman

made a motion to approve the Dick and Sammie Reason parcel map subject to the conditions as outlined in the conditions of approval section of the report after having made the findings outlined in the staff report; seconded by

Commissioner Schinhofen

asked Kevin Haskew if he understood the conditions. Mr. Haskew said he did and he and his client agreed to all of them.

Commissioner Wichman

made a motion to approve Dick and Sammie Reason’s parcel map subject to the conditions as outlined in the conditions of approval section of the report after having made the findings outlined in the staff report; seconded by

Commissioner Borasky

. January 7, 2014 35. For Possible Action Discussion and deliberation regarding a request for approval of an application for a parcel map proposing to divide approximately 22.56 gross acres into one 4.21 acre parcel, one 4.54 acre parcel, one 7.05 acre parcel and one 6.76 acre parcel. Dick and Sammie Reason Owner(s), AP #12- 401-04; located in Lower Smoky Valley (PM-f 3-0005).-Cont’d.

Commissioner Schinhofen

asked Kevin Haskew if he was good with the conditions. Mt. Haskew responded that he and his client were.

Commissioner Wichman

made a motion to approve the Richard A. and Sandra M. Reason parcel map subject to the conditions as outlined in the conditions of approval section of the report after having made the findings outlined in the staff report; seconded by Commissioner Borasky. Kevin Haskew stated he was good with all of the conditions.

Commissioner Wichman

made a motion to approve the Victoria A. Beko and Thomas P. Beko parcel map and the proposed new street name of Chase Court subject to the conditions as outlined in the conditions of approval section of the report after having made the findings outlined in the staff report, and also to approve the WV-i 3-0011 request for a waiver of the requirement to construct an interior road 60 feet in width pursuant to Nye County Code 16.20.190.A; seconded by Commissioner Borasky; 5 yeas. January 7, 2014 37. For Possible Action Discussion and deliberation regarding a request for 1) approval of an application for parcel map proposing to divide approximately 19.24 gross acres into one 6.60 acre, one 5.65 acre parcel, one 5.02 acre parcel and one 1.97 acre parcel. Victoria A. Beko and Thomas P. Beko Owner(s), ID #103-20; located in Tonopah (PM-I 2-0007); 2) request for a waiver of the requirement to construct interior roads sixty feet in width pursuant to Nye County Code 16.20.190.A (WV-13-00I1); 3) request for approval of one new road/street names of Chase Court pursuant to Nye County Code 16.20.115.A.5 (SN-13-0002).-Cont’d.

Commissioner Wichman

made a motion to reject the offer of dedication of Air Force Road and Chase Court, but the offer shall remain open indefinitely and Nye County may by resolution at any later date and without further action by the offerors accept the dedication which acceptance shall recorded in the office of the Nye County Recorder; seconded by Commissioner Carbone; 5 yeas. SHERIFF 30. For Possible Action Discussion and deliberation regarding: 1) a project for the SIMS Training Facility; and 2) an agreement to construct a complete SIMS (Simunitions) House (Training Facility) to be located on the Nye County Training facility site on Mesquite Road.

Commissioner Schinhofen

asked Sheriff DeMeo to explain the facility and who else would use it as the paper put out that it was basically a paintball course.

Sheriff DeMeo

explained it would allow them to establish realistic scenarios in order to be in compliance with already established Supreme Court case law relevant to realistic training. Failure to provide adequate training was a violation of law. He described it as a building that could be arranged into different rooms to provide deputies or any other agency that wanted to utilize it to train based on realistic situations. They did not use live ammunition. They used “sim” grade used by the military and other law enforcement agencies which allowed them to also reuse the targets.

Commissioner Schinhofen

asked if EMS would use the building too. Alan Schrimpf said that was correct.

Commissioner Carbone

asked if they had Public Works look at the drawings and provide their input. Mr. Schrimpf said he went to the Building Department earlier and they were okay with everything. Rick Marshall from the Sheriff’s Office asked why they would go through Public Works as they were not involved in this.

Commissioner Carbone

said they would be because something was being put into the County area and Public Works should look at it for drainage and water. January 7, 2014 30. For Possible Action Discussion and deliberation regarding: 1) a project for the SIMS Training Facility; and 2) an agreement to construct a complete SIMS (Simunitions) House (Training Facility) to be located on the Nye County Training facility site on Mesquite Road.-Cont’d.

Mr. Marshall

advised Building and Safety looked at it for those issues.

Commissioner Carbone

felt Public Works would have said something different.

Commissioner Carbone

also asked about the total cost as it was not just the ammunition, the shelter, and the boards. Training schedules were going to be changed by adding more per year. Mr. Marshall said no. Everything would be the same. They currently did training, but they were just not able to breach doors and things like that. Additionally, the building they used to use was no longer available to them.

Commissioner Catbone

said some of the wording in the agreement from Action Target was confusing. He was not sure who the owner was now or who was going to be supervising the building that would be done.

Mr. Schrimpf

said he would supervise the construction.

Commissioner Carbone

asked Mr. Schrimpf if he was an additional cost. Mr. Schrimpf explained he was currently a reserve deputy for the Sheriffs Office and donated about 26 hours every week. He would take care of everything on the construction using his past 30 years experience in construction.

Commissioner Carbone

asked about utilities and the furnishing of power. Mr. Schrimpf said a pad would be installed on the outside of the building to simulate low light for the lighting inside. All it would be was a box for a generator to be plugged in to for use as needed and there would be no power to the facility.

Commissioner Carbone

noted he did not see anything in the contract about the pad.

Mr. Schrimpf

advised it was in the electrical layout.

Commissioner Carbone

asked if ATI would be picking up the subcontractors. Mr. Schrmipf said yes.

Commissioner Borasky

noted the contract stated the customer was responsible for the cost of all permits and inspections as required by local codes. He asked if the customer was the Sheriff’s Department or Nye County. Mr. Marshall advised the Sheriffs Department would be responsible.

Commissioner Borasky

asked if there was money in their budget for that. Mr. Marshall said that was correct. January 7, 2014 30. For Possible Action Discussion and deliberation regarding: 1) a project for the SIMS Training Facility; and 2) an agreement to construct a complete SIMS (Simunitions) House (Training Facility) to be located on the Nye County Training facility site on Mesquite Road.-Cont’d.

Commissioner Borasky

questioned the jurisdiction language and other parties agreeing to be subject to the jurisdiction of the courts of Utah.

Commissioner Schinhofen

explained that was standard in most contracts. It meant if the County sued them or vice versa then the matter would be heard in the Utah courts. Brian Kunzi added it was their contract.

Commissioner Wichman

asked where Exhibit A was, Action Target Order 75743, since it was referred to it but not in the back-up. It outlined what ATI would do and she was concerned the Commissioners could not review it because it was not in the back-up.

Commissioner Wichman

stated the problem she had was the original quote in the original back-up did not match what was in the agenda item and she had asked which would apply.

Mr. Schrimpf

said the sales agreement would apply and that could be stricken. He advised that Action Target had given permission that if anything further was required for this to be approved, and Mr. Kunzi approved it, Action Target would approve it too.

Mr. Kunzi

said the only thing they did was change the contract to answer the questions raised to clarify who was responsible for site preparation and those different types of things. All items that had been the County’s responsibility were removed except the responsibility for the permits and inspections. He said everything else was exactly the same as what was submitted previously.

Commissioner Wichman

said if that was the case then the documents provided before, which she now assumed was referred to as Exhibit A, said how much the County was to pay as the groups of things arrived and when the final job was done. Those figures did not match between the agreement and the exhibit.

Mr. Kunzi

advised Exhibit A was and always had been just the building plans themselves, which was what was attached.

Commissioner Wichman

pointed out that Action Target Order 75743, Exhibit A, was what was stated in the document. It could be assumed from the way it was written that the two things were the same. If she assumed that Target Order 75743 was the same as what she read last time, there were discrepancies between that document and this document. Commissioner Wichman said she was not sure which one was being talked about, but if everyone had reviewed it and was happy with it she would remove her question. January 7, 2014 30. For Possible Action Discussion and deliberation regarding: 1) a project for the SIMS Training Facility; and 2) an agreement to construct a complete SIMS (Simunitions) House (Training Facility) to be located on the Nye County Training facility site on Mesquite Road.-Cont’d.

Mr. Kunzi

wanted to be sure everyone understood the only thing attached to the agreement was the building plans. The payment schedules were controlled by the contract and the attachment was just the building plans.

Commissioner Cox

noted Sheriff DeMeo stated these things were mandated by law and asked if that meant things had not been done up to standards and if this was not approved then things would not be done to standard in the future. Mr. Marshall explained one of the facilities they used was no longer available to them to simulate live fire training. Part of the court cases dealt with realistic training and realistic training had to be provided to officers to defend those actions later in court. Without certain buildings or equipment Mr. Marshall said they would not be able to simulate real life training.

Commissioner Cox

asked what they were using before. Mr. Marshall said it was an abandoned house owned by the School District which had since been sold.

Commissioner Cox

asked about using Front Sight. Mr. Marshall stated Front Sight did not have simunition rooms. Another problem with Front Sight was the travel time there and back would cut off almost two hours of training.

Sheriff DeMeo

said they could do this training when the deputies were working and not schedule training based on when a facility was available. It was very difficult for them to handle this training when they did not have facilities and they were very limited as to what they could do inside a building owned by someone else. He explained they could bring deputies out of this building, rearrange the rooms and make a completely different structure, which they did not have anywhere else. He added that Front Sight would not be available for EMS or the fire department and this building would.

Commissioner Cox

asked if the facility would be available for the public to use since the public was paying for it. Mr. Marshall said premise liability became an issue if it was opened up to the public and the County would have to come up with an insurance policy to cover those circumstances so the answer was probably not.

Commissioner Cox

asked if they could sign a waiver. Mr. Marshall stated the District Attorney would have to be involved in those discussions.

Commissioner Cox

said some people thought this was a great idea, but they wanted to use it too.

Commissioner Cox

asked if any of the money to be put into this new site could be directed to help pay off the jail bonds instead. Mr. Marshall said no. January 7, 2014 30. For Possible Action Discussion and deliberation regarding: 1) a project for the SIMS Training Facility; and 2) an agreement to construct a complete SIMS (Simunitions) House (Training Facility) to be located on the Nye County Training facility site on Mesquite Road.-Cont’d.

Commissioner Cox

did not understand why Public Works and Building and Safety were not requiring an electrical hook-up and asked if there were any plans for the future. Mr. Schrimpf advised it was an expensive endeavor and the facility already had a temporary generator for one of the buildings.

Commissioner Cox

thought they could tie in to the prison lines. Mr. Schtimpf said no because of the distance.

Commissioner Cox

asked if there were any plans to come back in a year and ask for more money. Mr. Schrimpf said that would not be needed as this was only for low light simulation.

Mr. Marshall

added that Vance Payne, the Director of Emergency Services, had a plan to bring power to the area later.

Commissioner Cox

was concerned about putting the taxpayers’ money into something like this. She asked if Las Vegas Metro had anything similar they could contract with and if it was required of their officers. Mr. Marshall said they did.

Mr. Schrimpf

explained the facility Las Vegas Metro used for a simulation type situation was a permanent situation. The walls did not move. As the Sheriff trained his deputies he had the option to change this at anytime so one month it might be used for one scenario and instead of changing locations the walls could be changed to create a whole new situation.

Commissioner Cox

said the main concern was keeping the cost within the amount stated and not coming back in a year for a larger sum of money. She asked if this could be more of a laser tag set up than a paintball set up.

Sheriff DeMeo

said no. Mr. Marshall advised there would be additional costs for laser equipment.

Mr. Schrimpf

stated the way the Sheriff had this set up was as realistic as it could get and lasers would not be realistic. Regarding coming back for more money, Mr. Marshall pointed out this contract was all inclusive.

Sheriff DeMeo

explained this was money from the impact fee paid by contractors. It was not coming out of the Nye County budget or the Sheriffs budget per Se. it was the impact fees they had to utilize. January 7, 2014 30. For Possible Action Discussion and deliberation regarding: 1) a project for the SIMS Training Facility; and 2) an agreement to construct a complete SIMS (Simunitions) House (Training Facility) to be located on the Nye County Training facility site on Mesquite Road,-Cont’d. Pam Webster advised she looked at the payment schedule, which was a little concerning as 90% of the cost of the project was paid before anything was assembled. However, if there was a problem with the final assembly, the County would own the full equipment set up if it had to do something on its own.

Commissioner Wichman

did not believe she had ever signed a contract that was incomplete, so she was having a hard time asking the Chairman to sign an incomplete document even though the District Attorney assured her Exhibit A was there.

Mr. Kunzi

said he would print that out and attach it. To be clear, he stated that it talked about the quotation, but it detailed exactly what was being done and that was the extent of Exhibit A.

Commissioner Schinhofen

did not want this money to go back to the developer. He wanted it used and thought this would work out well for the training that needed to be done. Frank Wilson expressed his objections to this. He asked why it was not put out for bid just like the parking lot built for the impound vehicles. He also wondered who would be responsible for cost overruns or if one of the deputies got hit in the eye with one of the paintballs. Additionally, Mr. Wilson stated the NRS Mrs. Webster provided to him said it could only be used by one police station, which would mean one would have to be in Amargosa, in Beatty and everywhere else. It was a waste of money in his opinion as there were virtual programs that could be set up in one day.

Sheriff DeMeo

stated his office had one of the most advanced virtual training units in the State, but the problem was it was static. The reason it was not put out to bid was because this was a GSA contractor and only three companies in the country built these. Regarding deputy injuries, he said with simulated training they wore safety protection as required and the idea behind this was to be able to do force-on-force training without live fire. As far as location, Sheriff DeMeo advised these were impact fees collected in Pahrump so the facility had to be built in Pahrump, but it could be used by other Nye County agencies.

Commissioner Schinhofen

made a motion to approve this project; seconded by

Commissioner Cox

asked if they were correct that this did not have to go out to bid when there were three companies in the United States. Mr. Kunzi said this was discussed last time and was a question he asked from the very beginning. This was a GSA contract the County was piggybacking on, which the law allowed. It was bid by January 7, 2014 30. For Possible Action Discussion and deliberation regarding: I) a project for the SIMS Training Facility; and 2) an agreement to construct a complete SIMS (Simunitions) House (Training Facility) to be located on the Nye County Training facility site on Mesquite Road.-Cont’d. another government entity and determined to be the lowest bid. The County was then allowed to use the same contract under the same terms.

Commissioner Wichman

said her motion was to approve the waiver on the map. She read the WV-13-0011 and it was a waiver of the requirement to construct an interior road 60 feet in width pursuant to County Code.

Mr. Kunzi

said he wanted to be sure it was clear that the road/street name change was approved.

Commissioner Wichman

stated the next part of it which she read in to the record as part of the motion was that the offer to dedicate Airport Road and Chase Road was rejected at this time, but the offer shall remain open indefinitely.

Mr. Kunzi

said the item 3 on the agenda item was to specifically approve the name of the road as Chase Court and that was what was not done by the motion that was offered.

Commissioner Wichman

made a motion to approve Chase Court as the new name of the road; seconded by Commissioner Borasky; 5 yeas. The Board was in recess until 1:40 p.m. January 7, 2014 BOARD OF COMMISSIONERS 22. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor_negotiations, issues and other personnel matters.

Commissioner Wichman

made a motion to go into closed session; seconded by

Commissioner Borasky

; 5 yeas. 23. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. The Board was in closed session. 24. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Commissioner Wichman

made a motion to approve the 2015-2019 Airport Capital Improvement Program Data Sheets and exhibits for the Beaffy, Gabbs and Tonopah Airports and submit to the FAA; authorize the County Manger to submit a preliminary grant application to the FAA for the 2014 Beatty and Gabbs Airport projects; authorize the County Manger to submit the preliminary grant application to the FAA for the Tonopah Airport project and execute the grant offer when received; approve the contract with Atkins to provide construction management services for the grading of the January 7, 2014 39. For Possible Action Discussion and deliberation regarding requests to: 1) approve the Airport Capital Improvement Program (ACIP) Data Sheets and Exhibits (FY 2015-201 9) for the Beafty, Gabbs, and Tonopah Airports and submit to the FAA; 2) authorize the County Manager to submit preliminary Grant Applications to the Federal Aviation Administration (FAA) for the 2014 prolect at s the Beafty and Gabbs Airports ($2,015,625 FAA, $134,375 County Match); 3) authorize the County Manager to submit a Grant Application to the Federal Aviation Administration (FAA) for the 2014 project at the Tonopah Airpor and t for the County Manager to execute the Grant Offer when received from the FAA ($187,500 FAA, $12,500 County Match); 4) approve the contract with Atkins to provide Construction Management services for the Grading of the Runway Safety Area and Object Free Area at the Beatty Airport; 5) approve the contract with Atkins for Design, Bidding, and Construction Management services for the Re- Grade Unpaved Runways at the Gabbs Airport; and 6) approve the contract with Atkins for the Design and Bidding services for the Reconstruction of Runwa 15- y 33 at the Tonopah Airport-Cont’d. runway safety area and object free area of the Beatty Airport, the design, bidding and construction management services for the re-grade of the unpaved runways at the Gabbs Airport, and for the design and bidding services for the reconstruction of runway 15-33 at the Tonopah Airport; seconded by Commissioner Cox; 5 yeas.

Commissioner Borasky

stated he would like to take no action at this time as he did not believe there was enough information to make a valid decision. There was quite bit a yet that had to come about before he would be willing to move forward with this as well as a lot of unanswered questions.

Commissioner Schinhofen

said he had been working on this for some time with Public Works and Mountain Falls. Mountain Falls had proposed a cost reimbursement project to dig the first channels and reimburse the County $93,600.00. This was the first part of a flood project that a previous Board approved in 2008 which had never been funded .

Commissioner Schinhofen

said if it was not started it would never get finished. He pointed out this was an area heavily impacted in July.

Commissioner Carbone

asked Dave Fanning if he believed the $93,600.00 would cover the activity being talked about. Mr. Fanning said not for both channels.

Commissioner Carbone

asked if there was a confirmation letter from Mountain Falls for any additional work needed after that particular channel was done and that the water would be diverted to the proper areas. Mr. Fanning said he had not seen one and that would actually be an agreement to take the water onto their facility off of the Yucca Springs channel. He did not know if Pam Webster had talked to them. January 7, 2014 40. For Possible Action Discussion and deliberation regarding flood channels on Gamebird and Yucca Springs in Pahrump, including possible award of a contract.-Cont’d.

Mrs. Webster

advised they talked about puffing that into a development agreement when it came time for them to develop that property, but right now what they were doing helped that situation and it certainly did not hurt what was happening today. It made it better.

Commissioner Carbone

said the question was in order to make sure the County had an agreement they were going to do that. Not knowing how long it would take to get to a development agreement he did not want it forgotten and wanted something now to say that they would do it.

Commissioner Schinhofen

said that would have to be in the development agreement.

Mrs. Webster

stated others things may happen as well, like flood control, and it was something that would have to be incorporated into the development agreement along with other things that might have to be taken into consideration.

Commissioner Carbone

asked again if the $93,600.00 would cover the activity being talked about. Brian Kunzi advised the contract provided that if the cost went over everyone paid what the cost was to do the construction that was part of the plan. The proposed plan as far as cuffing the channel was they would reimburse the County if the expense went above.

Commissioner Carbone

asked for the time line on being repaid. Mrs. Webster said immediately. Scoff Swapp from William Lyon homes advised payment would be made immediately per the agreement they had with Nye County already.

Commissioner Borasky

asked if someone would come in and cut a channel on the north side of Gamebird Road that was 30 feet wide at the bottom and 60 feet or 40 feet wide at the top. Mr. Fanning said in looking at the drawing submitted some areas looked like they would be eight feet wide at the bottom, and that was down Gamebird. Yucca Springs would be approximately 20 feet wide at the bottom.

Commissioner Borasky

asked if the one on Gamebird would prevent water from going down Homestead Road and flooding the properties there. Mr. Fanning advised this would be built from SRI 60 to Malibu right now and then it would daylight out to that intersection at Malibu. The future plan was to address it through the master plan drainage down past Homestead. January 7, 2014 40. For Possible Action Discussion and deliberation regarding flood channels on Gamebird and Yucca Springs in Pahrump, including possible award of a contract.-Cont’d.

Commissioner Borasky

asked if this was a piece of the big plan to deal with flooding in Pahrump. Mr. Fanning said that was correct.

Commissioner Borasky

asked Mr. Fanning if he felt it was a wise move to just put this little piece in and stop. Mr. Fanning stated as an interim measure it was a place to start. He did not have the dollars to build it out in what was shown in the plans today, so it would help Mountain Falls and further down the road. However, Mr. Fanning was concerned that it did not go to Homestad and they had discussed that with Mountain Falls.

Commissioner Borasky

asked who would maintain and pay for this. Mr. Fanning said that was a County issue as he did not have the funding to maintain it.

Commissioner Carbone

asked how the County would maintain it if it did not have the funding to. Mr. Swapp advised maintenance work was done on Gamebird today and this would reduce that maintenance.

Commissioner Borasky

asked if there was a way to tie this to the future expansion with the other channel. Mr. Fanning said an interim level was needed to help those areas, but it would not be the fix everyone was looking for. There were concerns though, like no money to maintain and the need for bridge sections, and there would be additional costs down the road.

Commissioner Borasky

asked if bridge sections were part of this plan. Mr. Fanning said no and those would be an additional cost.

Commissioner Wichman

said she appreciated the first step and that someone offered to pay for it. She felt it had to start somewhere.

Commissioner Cox

asked if this would affect any of the residents on Malibu and that general area or if it might alleviate some of the prior problems. Mr. Fanning said they would not be affected anymore than they already were and it would not help them. This was a storage push and would not impede that.

Commissioner Borasky

asked how much fall there was from Highway 160 to Malibu roughly. Mr. Swapp said the slope was about 1.6% to 1.7% down that stretch. Some areas were less than 1%, but those were extremely tolerable. Erosion would not be a problem as the speed of the water was slow and the channels would alleviate the problems today along Gamebird. With the interim measures that this took care of it was very typical of any major flood control project that the trapezoidal channel was usually the first step to be taken care of as it took the master plan Nye County had to another level. January 7, 2014 40. For Possible Action Discussion and deliberation regarding flood channels on Gamebird and Yucca Springs in Pahrump, including possible award of a contract.-Cont’d.

Commissioner Carbone

asked how deep and how far across this was. Mr. Fanning said the Gamebird channel would be eight feet at the bottom and 25 feet at the top.

Commissioner Carbone

asked what would keep people out of that. Mr. Fanning advised it was in a four to one flow, which was no different than what was on Highway 160 to Fort Apache heading to Las Vegas.

Commissioner Carbone

commented there were no fences on that either. Brian Kunzi advised he looked at the potential liability and with the modeling shown it really would appear that it did help most of the areas and part of that was from the channel coming down Yucca Springs. The area that appeared to have more water was agricultural land, but everything else would show some improvement with the levels of flooding. He was not saying there would not still be flooding, but the level would be quite a bit less. Mr. Kunzi said he did not have any concerns from a liability standpoint.

Commissioner Carbone

asked if FEMA would be happy with this issue. Mr. Swapp advised they had worked directly with FEMA’s consultant. They were receptive and appreciative that the funds were being spent to use their modeling and software.

Commissioner Carbone

asked if that modeling was ever received. Mr. Swapp said yes. They presented it at the meetings held with Mr. Fanning and Mrs. Webster as Nye County had to do the submittal to FEMA.

Commissioner Borasky

asked if all of the channel would be cut on County property with no private property involved. Mr. Fanning said yes, unless Commissioner Borasky was talking about taking the water back onto private property.

Commissioner Borasky

asked if it would be up to Nye County’s discretion as to where that material went. Mr. Fanning said yes.

Commissioner Schinhofen

said the County had to start somewhere and this was a developer willing to give the County $100,000.00 to begin the work. This was his district and he had been approached by a number of citizens to do something so he was fully in support of this.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone

Commissioner Borasky

stated he would support it with the stipulation of what had been said today. January 7, 2014 40. For Possible Action Discussion and deliberation regarding flood channels on Gamebird and Yucca Springs in Pahrump, including possible award of a contract.-Cont’d.

Commissioner Borasky

was not present.

Mr. Kunzi

advised the contract had to be approved also and recommended a new motion as the first motion was just on the project.

Commissioner Wichman

made a motion to approve including awarding the contract; seconded by Commissioner Carbone; 4 yeas. BOARD OF COMMISSIONERS-Cont’d. 25. For Possible Action Discussion and deliberation regarding support for Clark County in pursuing the delisting of the desert tortoise.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 4 yeas. 26. For Possible Action Discussion and deliberation to: 1) set a date, time, and location for a public hearing for Nye County Bill No. 2013- 30: a bill proposing to pass an ordinance to designate all highways in the Town of Tonopah for the use of off-highway vehicles to reach a private or public area open for use by off- highway vehicles; 2) read the title of the bill into record; and 3) direction to staff to forward a reguest for approval from the Department of Transportation for said designation pursuant to NRS 490.100.

Commissioner Wichman

made a motion to set the time and date as February 4, 2014, at 10:45 a.m. in Tonopah and direct staff to forward a request to the Department of Transportation; seconded by Commissioner Carbone.

Commissioner Borasky

was present. Brian Kunzi advised the town requested this. The law stated the Commissioners had to designate which highways could be used for off-road vehicles and then the Town of Tonopah would enact an ordinance enforcing it.

Commissioner Wichman

read the title of the bill into the record. January 7, 2014 27. Update and discussion on the Nevada Land Management Task Force activities.

Commissioner Wichman

stated everything was in the back-up and if there were any questions she would try to answer them. CLERK 28. For Possible Action Discussion and deliberation to appoint one (1) member to the Railroad Valley Advisory Board due to a term expiring January 2014.

Commissioner Wichman

made a motion to reappoint Angela Reynolds; seconded by

Commissioner Borasky

; 5 yeas. 29. For Possible Action Discussion and deliberation to appoint one (1) member to the Nye County Parks and Recreation Advisory Board due to the resignation of Anna Berg.

Commissioner Wichman

made a motion to appoint Don Kaminski Jr.; seconded by

Commissioner Borasky

; 5 yeas. COUNTY MANAGER 31. For Possible Action Discussion and deliberation regarding a Resolution directing the levy of a special assessment within the confines of the Duckwater Creek Groundwater Basin for the Fiscal Year 2014-201 5.

Commissioner Wichman

made a motion to adopt Nye County Resolution 2013-56; seconded by Commissioner Carbone; 4 yeas. Commissioner Cox voted no. PLANNINGIBUILDING-Cont’d. 3$. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time, and location for a Public Hearing on Nye County Bill No. 201 3-26: A Bill proposing to amend Nye County Code Section 16.24.010, by amending the official boundaries of the Pahrump Regional Planning District, resulting in a reduction of the Pahrump service area from 373.04 square miles to 231.46 square miles, a reduction of approximately 37.95 percent; and providing for the severability, constitutionality and effective date hereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Borasky

made a motion to set a date and time of February 18, 2014, at 11:00 am.; seconded by Commissioner Carbone; 5 yeas.

Commissioner Borasky

read the title of the bill into the record. January 7, 2014 PUBLIC PETITIONER

Commissioner Catbone

made a motion to appoint Jason Dixon for Area 1, Michael Lach for Area 3, and John Bosta to the At Large position; seconded by Commissioner Cox; 5 yeas. FINANCE 32. Budget to Actual Revenue Report Susan Paprocki pointed out that the revenue report showed everything was right on schedule and the expenditure report was still at 98% of the overall budget. 33. Budget to Actual Expenditure Report The report was in the back-up.

Commissioner Carbone

advised he would be going to Carson City to talk with Jason King about the Basin 162 Water Committee later this month.

Commissioner Cox

said she had earned a new respect for Commissioner Schinhofen in the musical field. She saw him on television doing some really wonderful stuff for Christmas and thanked him for the entertainment.

Commissioner Schinhofen

said he received an e-mail about the appointments being at the end of the meeting and that it was being done so people would leave. He stated a Commissioner told people it would not be heard until 1:30 p.m., which was why it was done so late in the day. Commissioner Schinhofen said they did not discourage people from participating in the meeting. January 7, 2014

Commissioner Schinhofen

adjourned the meeting. APROVED this ATTEST: Qf , 2014. Chair ‘ Nye Coty Clerk I Deputy