Page 1. May 3, Pursuant to NRS a joint meeting of the Nye County Board of Commissioners, Nye

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1 the Commissioners Chambers, 101 Radar Road, Tonopah, Nevada the Northern Nye County Hospital District Board of Trustees, was held at 10:00 a.m. in Pahrump, and Railroad Valley, the Board of Trustees for the Pahrump Pool District and County Board of Highway Commissioners, Nye County Licensing and Liquor Board, the Governing Body of the Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, Pursuant to NRS a joint meeting of the Nye County Board of Commissioners, Nye know who authorized it. If it was not authorized, Mr. Trenner wanted to know why the Sheriff s Office did nothing. the permit issued allowed them to continue until 11:00 p.m. If not, then he would like to Rick Trenner had questions about the fireworks display last Saturday. He wondered if Commissioner Cox was present. June 24, 2016, and he wanted to get moving on it. plan up for a motocross/bmx track on the fairgrounds. A grant opportunity closed on Robert Adams requested an action item at the next meeting so he could bring a detailed the government center would be finished. Richard Goldstein wondered when the manufactured homes sitting in the field behind not be taken on the matters considered during this period until specifically included on an agenda as an action item (first). 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will Pam Webster stated items 6, 29-31, and 35 could be removed from the agenda. 2. Approval of the Agenda for. The Pledge was recited. 1. Pledge of Allegiance Not Present: Donna Cox, Commissioner; Sharon Wehrly, Sheriff Also present: Kelly Sidman, Deputy Clerk Sharon Wehrly, Sheriff Sandra L. Merlino, Ex-Officio Clerk of the Board Dan Schinhofen, Vice Chair Lorinda Wichman, Commissioner Butch Borasky, Commissioner Frank Carbone, Chair Donna Ccx, Commissioner Pam Webster, County Manager Angela Bello, District Attorney Page 1

2 agreement. She believed the limit was 10:00 p.m. and would follow up. Pam Webster explained that was a night demonstration approved as part of the usage included on an agenda as an action item (first).-cont d. not be taken on the matters considered during this period until specifically 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will Commissioner Wichman advised the District Attorney that Frances Shaw, the daughter Questions about the November NACO conference in Pahrump should be directed to completing a few more sections of the roof and the fencing would be up sometime this week. Commissioner Wichman then stated that NACO started the legislative committee be a part of the committee they should contact Dagny Stapleton or Jeff Fontaine. for the 2017 session and its first meeting was on April 28, If someone wanted to of the owner of the Brucite property in Gabbs, had contacted her. They were Commissioner Schinhofen added the music would be from 3:00 p.m. to about 9:00 p.m. around 4:00 p.m. on Sunday. on Friday, from 10:00 a.m. to about 9:00 p.m. on Saturday, and from 10:00 a.m. to would be Saturday morning. Today was the last day they would take any applications. Commissioner Cox said the Wild West Extravaganza was this weekend and the parade 5. Announcements (first) SITTING AS THE BOARD OF COUNTY COMMISSIONERS The motion to approve passed with 5 yeas. the ones on Unicorn and Elderberry. Commissioner Carbone mentioned the nine cent gas tax was used to lix potholes like Schinhofen. Commissioner Wichman made a motion to approve: seconded by Commissioner could still get through. that Bell Vista was closed to 13 tons/26,000 pounds and local traffic and deliveries on page 20 did not make any sense and asked the Clerk to listen to it again. Also, Commissioner Wichman said her statement in the second paragraph from the bottom Commissioner Wichman clarified Dave Fanning s statement under item 51 on page 24 Belmont, Gabbs, Manhattan, Pahrump, and Railroad Valley, the Board of Trustees for the Pahrump Pool District, and the Northern Nye County Hospital District Board of Trustees regular meeting for April 5, and Liquor Board and as the Governing Body of Unincorporated Towns of Beatty, County Board of Commissioners, Board of Highway Commissioners, Licensing 4. For Possible Action - Discussion and deliberation of Minutes of the Joint Nye Page 2

3 Page 3 5. Announcements (first)-cont d. Amanda Evans. Finally, since the task force for the transfer of public lands had completed its tasks and was no longer meeting, Commissioner Wichman advised NACO had reinstated the Public Lands and Natural Resources Committee, which would meet at 2:00 p.m. the Thursday before the regular NACO meeting. Commissioner Wichman encouraged her colleagues to participate. Diane Southworth said the Democratic Party would have a debate for Congressional District 4 at the senior center on May 19, 2016, between 5:00 p.m. and 7:00 p.m., which would be open to the public. Also, at the Wild West Extravaganza the Democratic Party would accept donations for K-9 bulletproof vests. John Pawlak and Mary Duff from the Nuclear Waste and Environmental Advisory Board thanked the Commissioners for the advertising funds for the Earth Day event. On May 7, 2016, the advisory board would host the Pahrump town clean-up, and on May 6, 2016, they would have a job and volunteer fair at the Nye Coalition Activities Center from 9:00 a.m. to noon. Richard Goldstein stated that Boy Scout Troop 651 s outhouse was done. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners /Manager s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas) Commissioner Cox asked if an item would be on the agenda soon about the sign regarding guns in the courthouse or if the Board could just give a directive. Commissioner Carbone believed there was a resolution adopted a while back that said people could open carry in any County building so that resolution needed to be found and brought to the Board. Commissioner Schinhofen thought the judge could make his own rules inside his courtroom. Angela Bello said it was being worked on and she would see if it could be ready for the next agenda. Sheriff Wehrly was present. Commissioner Wichman advised she would put an item on the next agenda for comments to the BLM on their Planning 2.0. She thought maybe the MOU could be

4 Page 4 7. Commissioners IManager s Comments (This item limited to announcements or topicslissues proposed for future workshopslaqendas)-cont d. included at that time to give the District Attorney s Office two weeks to review it. deadline for the comments was May 24, The Sam Merlino said the military ballots went out Friday by the deadline, all absentees went out yesterday, and the mail-in precincts would go out this week. Also this week she would be training election workers in Beatty, Pahrump, Round Mountain, and Tonopah. On May 18-20, 2016, the pre-logic and accuracy testing on all the machines would be done, and early voting started May 28, Mrs. Merilno then mentioned sample ballots were sent to all candidates so they could look at their name and make sure the spelling was correct and how it appeared on the ballot. She had a couple of individuals panic because they thought they were receiving their specific sample ballot and did not see what they expected. She clarified that it was just a sample ballot that would be sent to their constituents that showed the candidate name, not the candidate s specific sample ballot. DISTRICT COURT 43. For Possible Action Discussion and deliberation to approve modifications to the Department 2 chambers in Pahrump. Commissioner Schinhofen made a motion to approve; seconded by Commissioner Wichman. Commissioner Carbone said there was a possibility of more than one area being modified because drug court would be moved around. The motion to approve passed with 5 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS Commissioner Schinhofen assumed the Chair of the Board of Highway Commissioners. 21. For Possible Action - General road report by Public Works Director Tim Carlo from Public Works advised there was substantial rain over the weekend that set back the repairs on Bell Vista. Winery also got washed out again. Commissioner Schinhofen asked how close Bell Vista was to being done so the crews could get back on maintenance. Mr. Carlo said they still had some patching to do and there were bad areas on the east end; however, they did have a small maintenance crew in Pahrump right now.

5 Commissioner Cox said there were areas over on Retread between Barney and Leslie Commissioner Wichman expressed her thanks for the repair of the bug dust holes and that needed to be totally repaved. 21. For Possible Action - General road report by Public Works Director-Cont d. Thursday and offer access to primary and specialty care through tele-health technology. they were looking to expand their imaging capabilities in the near future. They also everyone to the open house at the clinic on May 20, 2016, from 1:00 p.m. to 4:00 p.m. Conley encouraged everyone to call 911. There would be x-ray services on site and and fewer travel costs. There would be more than 30 specialties including neurology, and recruit for an on-site provider, but they wanted to get the services up and running gastroenterology, endocrinology and behavioral health. For emergency services Mr. hoped to expand the lab services days from now and were working with the State and get a foundation for a sustainable model in Tonopah. Lastly, Mr. Conley invited Using this technology meant patients could receive care in Tonopah with less stress to get the proper licensing in place. Mr. Coffey advised they would continue to search Richard Conley from Renown Health advised that on June 1, 2016, they would reopen provide on-site operations and care. To start, the clinic would operate Monday through the former Nye Regional Clinic as a medical group. Three residents had been hired to 8. 10:30 - Presentation by Renown representative Rich Conley. TIMED ITEMS Commissioner Carbone assumed the Chair of the Board of County Commissioners. SITTING AS THE BOARD OF COUNTY COMMISSIONERS the problem, but Greco was dedicated. She said it was just a mailer of time and the roads were not being neglected or disregarded. Commissioner Cox pointed out the roads going in there were not dedicated which was Road Department could periodically run a grader in that area. well as on Greco Road near the radio station. He wondered if there was some way the Dwight Lilly discussed issues with Thousandaire between Homestead and Vicki Ann as a mesquite tree growing on Bourbon Street near Karen. Ammie Nelson said the corner of Red Butte and Bourbon was really bad and there was going down Calvada. He then urged everyone who had road issues to use the on-line Commissioner Carbone thanked Public Works for making sure the lights got turned on system. more of a civil issue. asked Mr. Carlo to take Moores Station Ranch off of the radar as she learned that was Page 5

6 PAHRUMP Page 6 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF 22. Committee Reports There were none. 23. Town of Pahrump Ongoing Project Report There were none. 24. For Possible Action Discussion and deliberation regarding a project to make improvements to the Veterans Memorial at Chief Tecopa Cemetery located at 751 S. Hwy 160 in Pahrump, NV, Assessor s Parcel Number , Town of Pahrump, Owner. Commissioner Carbone made a motion to approve pending the completion of the zoning review; seconded by Commissioner Schinhofen. Pam Webster said in reviewing the back-up she had not been able to determine how many pergolas would be installed and that it would be six The motion to approve pending completion of the zoning review passed with 5 yeas. 25. For Possible Action Discussion and deliberation to accept the Projects Relating to Tourism CPRT) grant in the amount of $1 5, Commissioner Schinhofen made a motion to approve; seconded by Commissioner Cox; 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.

7 Administration/Nevada Department of Transportation Section 5311 grant for and Disability Services Division. No additional County match is required. by the County, project income from the program and monies received from Aging operating expenses, specifically assistance with fuel costs, transportation drivers and dispatchers in the amount of $89,270. The matching funds will be approximately $44,130 and are in-kind funds from vehicle maintenance provided 27. For Possible Action Approval to apply for FFY 2017 Federal Transit This item was removed from the agenda. issues and other personnel matters presented in closed meeting. 31. For Possible Action Discussion and deliberation on labor negotiations, This item was removed from the agenda. other personnel matters. County s management representatives regarding labor negotiations, issues and 30. Closed meeting, pursuant to NRS for purposes of conferring with the This item was removed from the agenda. labor negotiations, issues and other personnel matters. purposes of conferring with the County s management representatives regarding 29. For Possible Action Closure of meeting, pursuant to NRS for BOARD OF COMMISSIONERS Commissioner Schinhofen made a motion to approve items 27 and 28; seconded by Commissioner Wichman; 5 yeas. grant program. and State of Nevada Division of Emergency Management (DEM) FFYI6 Emergency Preparedness Working Group (EPWG) grant. Funds from this grant come from the National Nuclear Security Administration (NNSA) low-level waste 28. For Possible Action Approval to apply for the Department of Energy (DOE) Commissioner Schinhofen made a motion to approve items 27 and 28; seconded by Commissioner Wichman; 5 yeas. Page 7

8 expiring. members to the Nye County Wildlife Management Board due to three (3) terms CLERK 32. For Possible Action Discussion and deliberation to appoint three (3) Schinhofen; 5 yeas. Commissioner Wichman made a motion to approve; seconded by Commissioner 2017 and FY 2018 budget for the Nye County Child Support Division. 36. For Possible Action Discussion and deliberation regarding the tentative FY This item was removed from the agenda. [See page 24.J Set a date, time and location for a Public Hearing on Nye County Bill No : the ordinance with the language in the Nye County Sales and Use Tax Act of the record. and other matters properly relating thereto; and 2) Read the title of the Bill into 2007; providing for the severability, constitutionality and effective date hereof, A Bill proposing to amend section of the Nye County Code by aligning 35. For Possible Action Discussion and deliberation regarding a request to: 1) DISTRICT ATTORNEY Rebecca Lim; seconded by Commissioner Schinhofen; 5 yeas. Commissioner Wichman made a motion to appoint Jeremy Briggs, Tamara Jones and members to the Smoky Valley Library Board due to three (3) terms expiring. 34. For Possible Action Discussion and deliberation to appoint three (3) Commissioner Borasky made a motion to appoint Alan Bond; seconded by Commissioner Carbone; 5 yeas. to the Pahrump Regional Planning Commission due to one (1) term expiring. 33. For Possible Action Discussion and deliberation to appoint one (1) member Kevin Strozzi; seconded by Commissioner Schinhofen; 5 yeas. Commissioner Wichman made a motion to appoint Charlie Cecchini, John Terras, and Page 8

9 Pahrump/Beatty Township to two. townships, and reducing the number of justices of the peace serving the merged No by temporarily merging the boundaries of the Pahrump and Beatty or reject Nye County Resolution No : amending Nye County Resolution 37. For Possible Action Discussion and deliberation to adopt, amend and adopt, Peace. was to divide the jurisdiction for the justice courts and set the number of Justices of the liability and was not a political subdivision of any kind. A township s limited purpose Regarding liability issues, Ms. Bello explained a township could not be sued as it had no a vacancy created in the Justice of the Peace position, Mr. Lilly thought this was a important as something that was voted for on a regular basis. elect or maybe even favor. He did not want five Commissioners to determine issues as clever way to subject the citizens of Pahrump to a Justice of the Peace they did not Dwight Lilly was concerned about contingent liability for Pahrump if something of Pahrump or Beafty. Additionally, although he understood this was an effort to resolve happened during this temporary merged period that negatively impacted the residents election, and the added strain on the minimal staff to do that, her motion would stand. Commissioner Wichman stated that due to the added expense of holding another boundaries under this item, Ms. Bello advised the next item would become moot. Board would either appoint someone for the term or hold a special election, but an townships was to set the jurisdiction of the justice courts and by population there was a Angela Bello explained a township was not the same as a town. The purpose of alternative was the Board could change the boundaries, If the Board chose to alter the trigger for how many would serve. Generally when a Justice of the Peace resigned the Tonopah. Mr. DeCanio then pointed out Pahrump had two Justices of the Peace for many years. The Pahrump Justice of the Peace was a non-partisan elected position and only registered voters in Pahrump could vote for the candidates. Mr. DeCanio felt if the County was looking to save money it should be done with Beaffy and 1,010 people. Combining Beatty with Tonopah s 2,450 people resulted in a total population of 3,500 people, approximately 10% of Pahrump s population. Mr. DeCanlo changed. According to the last census Pahrump had 36,500 people and Beatty had thought appointing a permanent Justice of the Peace was totally wrong as it negated the vote of the people and showed the election process in Pahrump was meaningless Louis DeCanio said Nye County Resolution clearly stated that the boundaries of the Pahrump Township were permanent, which meant they were never to be Commissioner Wichman made a motion to adopt Resolution ; seconded by Commissioner Borasky. Page 9

10 Page For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No Cont d. Don Cox noted a special election did not have to be held as according to Sam Merlino it could be put on the November ballot along with the rest of the general election. Mr. Cox believed it should be voted on as there would be no extra cost to anyone. Mrs. Merlino clarified that she said she hoped if they went to a special election it could be conducted in conjunction with the general election or it would cost $30, She did not mean it could. She hoped that it could, but that would take an opinion from the District Attorney. Mrs. Merlino had spoken to her and they had not come to a conclusion on how that would take place at this time. Mr. Cox still thought it should be put to the vote of the people. Commissioner Wichman pointed out this was only to fill the remainder of Judge Kent s term so it would be on the election at the end of the term in two years. Also, the resolution had a sunset on it so it would simply go away after the results of that election. Mr. Cox thought someone from Pahrump should be appointed, not someone from Beaffy. John Bosta said when Brian Kunzi was District Attorney he told Mr. Bosta that he could not find the definition of a township anywhere. They finally found it in the election code, which said members of a township shall be elected in the tenth position on the ballot. Mr. Bosta recommended looking at the election code. Commissioner Wichman repeated her motion stood. Ms. Bello stated there was a discussion by the Legislative Counsel Bureau from a report in 1977 addressing townships which pointed out that townships were only associated with constables, coroners, and Justices of the Peace. Townships were also addressed under NRS 257. Commissioner Cox stated her objection to the motion based on the fact that she lived in the area where she kept being told the Commissioners were corrupt and there was collusion going on. While there would be a large cost to the citizens, she felt putting it on the general election would make the citizens feel better about the Commission and the County in general. She suggested instead of limiting it to April, 2019, maybe it should be until the November election to allow people to have a vote. Commissioner Cox wondered if Commissioner Wichman would be willing to make an amendment to her motion for that or allow Commissioner Cox to make an amendment so the Board could go ahead with item 38 and allow it to go to the people. Commissioner Wichman asked Mrs. Merlino if she could put this on the ballot for this year.

11 a special election. They had to look into it a little further to find out when the filing period would be if it was held in conjunction with the general election. Mrs. Merlino advised she and Ms. Bello had discussed this and the statutes allowed for or reject Nye County Resolution No Cont d. 37. For Possible Action Discussion and deliberation to adopt, amend and adopt, no. The motion to adopt Resolution passed with 4 yeas. Commissioner Cox voted Commissioner Schinhofen said the township boundaries were created by the Board and Commissioner Schinhofen then called for the question. for Tonopah and Beatty and no one panicked or called the Commissioners corrupt. the Commissioners had the authority to change them. This had been done in the past Wichman said her motion stood. up with a whole new election. She was willing to modify her motion to proceed with the would mean no $100, savings for this budget year. Again, Commissioner was able to put it on the ballot coming up in November that be done. However, that adoption of Resolution with the caveat that if it became cleat that Mrs. Merlino Commissioner Wichman said one year would create a situation where staff had to come one year instead of two. Commissioner Carbone said he would like to have a change in the motion for it to be Ammie Nelson agreed with Commissioner Cox and wished Commissioner Wichman would amend or withdraw her motion. Commissioner Wichman said for the reasons stated by Mrs. Merlino and the County Manager her motion stood. right now. salaries of the Justices of the Peace. If that position was not filled it would not have to County Commissioners approved the budget for the justice courts which included the Pam Webster advised it was almost $100, She further explained the Board of be budgeted and that be a $100, savings to the planned budget being looked at She asked how big an impact that would have on the next budget cycle. being within budget was the payroll that was not going out to two Justices of the Peace. Commissioner Wichman noted one of the things that helped the County get close to be held at the same time, but it would be on two ballots. Ms. Bello indicated she was not seeing any issues. A special election could probably Page 11

12 Kent s Justice of the Peace position vacant and determine whether to: 1) fill the There was no action taken on this item. to hold a special election to fill the position for the unexpired term. unexpired term (approximately two years) by appointment; or 2) pass a resolution 38. For Possible Action Discussion and deliberation to declare Judge Ron other party. He was told by Tim Sutton that the other attorney was okay with extending the time and moving forward with the hearing. filing on this property and he thought the District Attorney had been in contact with the Darrell Lacy said they received a notice from an attorney that there was a bankruptcy Commissioner Carbone opened the public hearing. of Time of a Special Use Permit to allow a medical marijuana establishment Sullivan, Manager Applicant. (cultivation) at 5400 N. Highway 160, Pahrump. Nye Farm Tech, Ltd. I Dokmai Public Hearing, discussion and deliberation regarding a request for an Extension :00 - For Possible Action Extension of Time Application ET : 2016; seconded by Commissioner Wichman; 5 yeas. Commissioner Schinhofen made a motion to continue the public hearing to May 17, NRS required the County speak to the industry involved. Commissioner Schinhofen explained because some of the suggestions included fees, Establishments; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective A Bill proposing to amend Nye County Code pertaining to Medical Marijuana deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No : date :00 - For Possible Action Continued Public Hearing, discussion, and The motion to approve passed with 5 yeas. Commissioner Carbone opened and closed the public hearing. Commissioner Wichman made a motion to approve; seconded by Commissioner Sch in hofen. Round Mountain, Nevada. 4th of July Annual Picnic to be held on July 4, 2016 at the Hadley Town Park in issue an Outdoor Festival License to Round Mountain Gold Corporation for their 9. 10:45 - For Possible Action Public Hearing! discussion and deliberation to TIMED ITEMS-Cont d. Page 12

13 Page :00 - For Possible Action Extension of Time Application ET Cont d. Angela Bello did not think the bankruptcy played into this. She was trying to find out if there was any legal reason or justification for the request to put the agenda item off and she had not heard. Commissioner Carbone closed the public hearing. Commissioner Schinhofen made a motion to approve the extension of item for ET with the amendment that within 90 days all fees must be paid, all paperwork including building plans and the sheriffs security plan must be turned in within 90 days, and it must be built out within one year; seconded by Commissioner Wichman; 5 yeas :00 - For Possible Action Extension of Time Application ET : Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical mariiuana establishment (production) at Oxbow Avenue, Unit #13, Pahrump. CW Nevada I Amanda Connor, Esq. Applicant. Commissioner Carbone opened and closed the public hearing. Commissioner Schinhofen made a motion to approve the extension of time including within 90 days all fees must be paid, all paperwork turned into Planning, including the security plan, and it must be fully operational in a year; seconded by Commissioner Wich man. Amanda Connor, representing the applicant, asked if the full tenant improvements had to be completed within 90 days. Commissioner Schinhofen said no. Full tenant improvements had to be done within one year of the approval of the extension. The motion to approve the extension of time including within 90 days all fees must be paid, all paperwork turned into Planning, including the security plan, and it must be fully operational in a year passed with 5 yeas :00 - For Possible Action Extension of Time Application ET : Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical mariluana establishment (cultivation) at 5101 S. Oakridge Avenue, Pahrump. Green Cross of America, Inc. I Philip Restifo Applicant. Commissioner Carbone opened and closed the public heating.

14 yeas. all fees paid, and in one year operational; seconded by Commissioner Wichman; 5 Cont d. Commissioner Schinhofen made a motion to approve and within 90 days all documents, :00 - For Possible Action Extension of Time Application ET Wichman; 5 yeas. be paid, all plans, and one year to be operational; seconded by Commissioner Commissioner Schinhofen made a motion to approve and within 90 days all fees must Commissioner Carbone opened and closed the public hearing. LLC I Amanda Connor, Esq. Applicant. Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (cultivation) at Panorama Road, Pahrump. Wellness Orchards of Nevada, :00 - For Possible Action Extension of Time Application ET : Commissioner Borasky voted no because the local residents were against it. documents turned into Planning, and within one year be operational passed with 4 yeas. The motion to approve the extension of time and in 90 days all fees must be paid, all on these items waiting for a positive vote in November on other issues. Commissioner Carbone said he hoped that everybody was not sifting on their haunches operational; seconded by Commissioner Wichman. days all fees must be paid, all documents turned into Planning, and within one year be Commissioner Schinhofen made a motion to approve the extension of time and in 90 Commissioner Carbone opened and closed the public hearing. Scott Sibley Applicant. (production) at Hafen Ranch Road, Pahrump. Nevada Natural Medicines I of Time of a Special Use Permit to allow a medical marijuana establishment Public Hearing, discussion and deliberation regarding a request for an Extension :00 - For Possible Action Extension of Time Application ET : Scott Sibley Applicant. of Time of a Special Use Permit to allow a medical marijuana establishment Public Hearing, discussion and deliberation regarding a request for an Extension (cultivation) at 6041 S. Hafen Ranch Road, Pahrump. Nevada Natural Medicines I :00 - For Possible Action Extension of Time Application ET : Page 14

15 Page :00 - For Possible Action Extension of Time Application ET : Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (cultivation) at 9680 S. Oakridge Avenue, Pahrump. Nye Natural Medicinal Solutions. LLC, dba NuVeda I Amanda Connor, Esq. Applicant. Commissioner Carbone opened the public hearing. Dwight Lilly thought before any final permits on the cultivation sites were approved there were some issues that needed to be addressed as to how the facility itself interacted with the public. He recalled the issue here where people felt their neighborhood had been taken over rather than the establishment merging with the neighborhood. Paul Ostranger said he lived directly across the street from the facility and it did not belong in this residential area. The smell was overpowering and he was concerned about putting another facility next to it. There were cars coming and going day and night, loud music was played in the evenings and on weekends, and it was unsightly with the razor wire. Diann Musial concurred with the prior comments and added that at the last meeting there was a motion for the group that owned this place to work with the local neighbors and negotiate some sort of compromise or understanding about the prison-like look and the smell, but nothing had happened. Ms. Musial asked for follow through on that. Commissioner Carbone closed the public hearing. Commissioner Schinhofen asked Amanda Connor to speak with Ms. Musial, and he would speak to her himself. He advised they had been working with CW and NuVeda, who were turning in letters to ask the Sheriff to allow them to take down the razor wire which was part of the previous security plan. As far as the smell, Commissioner Schinhofen said he smelled the deodorizer they added to the air. Amanda Connor explained they were waiting to meet with the neighbors until they fully understood what the Sheriff would permit them to do for security purposes as they did not want to agree to certain changes if they would not be approved. They would reach out to the neighbors as they moved forward. Additionally, Ms. Connor advised this extension of time was not for the existing cultivation facility but for the new facility coming in. Commissioner Schinhofen made a motion to approve the extension of time and in 90 days have all fees paid, all paperwork in, all plans, and be operational in a year, and further as soon as the Sheriff told them what they could do they would have a meeting with at least the two people who spoke today; seconded by Commissioner Wichman. Commissioner Cox asked if the razor wire was allowable, if it was part of the conditions of the zoning department, or if it fell back to the Sheriff.

16 17. 11:00 - For Possible Action Extension of Time Application ET Co nt d. Darrell Lacy, Planning Director, said it was a condition of approval. It had to be fenced with an approved security plan and their plan included razor wire, which was approved by the County. He understood the Sheriff indicated she did not have a problem with it being taken down, but approval of a new security plan would be required. same requirements as all the others; seconded by Commissioner Schinhofen; 5 yeas. Commissioner Wichman made a motion to approve the extension of time based on the Commissioner Carbone opened and closed the public hearing. Public Hearing, discussion and deliberation regarding a request for an Extension (cultivation and production) at 101 W. Airport Road, Beatty. MM Development Company, LLC I Robert Groesbeck, President Applicant. of Time of Special Use Permits to allow medical marijuana establishments seconded by Commissioner Wichman; 5 yeas. days have all fees paid, all paperwork turned in, and be operational in one year; Commissioner Schinhofen made a motion to approve the extension of time and in 90 Commissioner Carbone opened and closed the public hearing. Solutions, LLC, dba NuVeda I Amanda Connor, Esq. Applicant. (production) at 301 S. Oxbow Avenue, Unit #13, Pahrump. Nye Natural Medicinal of Time of a Special Use Permit to allow a medical marijuana establishment Public Hearing, discussion and deliberation regarding a request for an Extension zone. Commissioner Cox asked if they were correct in believing this was residential zoning. Mr. Lacy said this was a business opportunity overlay zone which bordered a residential The motion to approve the extension of time and in 90 days have all fees paid, all paperwork in, all plans, and be operational in a year, and further as soon as the Sheriff told them what they could do they would have a meeting with at least the two people who spoke today passed with 5 yeas :00 - For Possible Action Extension of Time Application ET : :00 - For Possible Action Extension of Time Application ET : Page 16

17 deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No : Subdivision of Land in Nve County, and Chapter relating to the Division of Planning District; by amending the minimum lot sizes which may be created, and Land within all areas of Nye County with the exception of the Pahrump Regional A Bill proposing to amend Nye County Code Chapters through :00 - For Possible Action Continued Public Hearing, discussion, and Commissioner Carbone closed the public hearing. Commissioner Wichman reviewed the back and forth changes that had been made to make a substantial change to the ordinance. It just made the language consistent. the bill and said everything being talked about was simply wordsmithing as this did not was confused as to which one was being proposed. She read the version containing the language Water Rights. Because of concerns pertaining to water in Nye County the correct one. certificated water rights in the amount of two acre feet, which Mr. Lacy confirmed was Commissioner Wichman said she had two or three versions of the bill in front of her and Commissioner Carbone closed the public hearing. rights in Basin 230. speculation and was an obstacle to balancing the water rights permitted or paper water Trevor Dolby commented this language permitted the continuation of water rights color of the law. a bleed out of the general plan for Pahrump. He said the Planning Department was not Nevada Water Division. He thought that was a creation of the Planning Department and was anything in the statutes about valid groundwater rights acceptable to the State of District, but under the Now Therefore it said this was a change for Mr. Bosta following the County ordinance and wondered if the County was operating under the He found it interesting that the title was for for the Pahrump Regional Planning district. This document did not state which of the ordinances was being amended and John Bosta asked the Board to look at Section C.a.i., regarding valid groundwater rights acceptable to the State Engineer of the Water Resource Division. also commented about the verbiage regarding the concern over water rights in the comments about certified water rights were not red lined. Mr. Bosta did not think there rights as they were. agenda items where they agreed to the parcel size limitations and leaving the water Mike Cottingim, Amargosa Valley Administrator, advised the town passed a couple of Basin 230; and providing for the severability, constitutionality and effective date amending the water rights relinquishment requirements, within Amargosa Valley thereof; and other matters properly relating thereto; and 2) Set an effective date. Page 17

18 May 23, 2016; seconded by Commissioner Schinhofen. Cont d. Commissioner Wichman made a motion to adopt Nye County Bill No effective deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No :00 - For Possible Action Continued Public Hearing, discussion, and approved. Darrell Lacy advised they submitted an amended one but it had not been formally Commissioner Schinhofen asked about the final security plan. # Janet Jensen Property Owner. NCMM, LLC Applicant. approve a Medical Marijuana Establishment License for a medical marijuana production facility, located at 340 E. Mesquite Avenue, Pahrump, Assessor Parcel Application MM : Discussion and deliberation on a request to 50. For Possible Action Medical Marijuana Establishment Initial License # Janet Jensen Property Owner. NCMM, LLC Applicant. Application MM : Discussion and deliberation on a request to cultivation facility, located at 340 E. Mesquite Avenue, Pahrump, Assessor Parcel approve a Medical Marijuana Establishment License for a medical marijuana 49. For Possible Action Medical Marijuana Establishment Initial License Wichman; 5 yeas. Commissioner Schinhofen made a motion to approve; seconded by Commissioner improvements. Commissioner Schinhofen understood they would put up a bond for the road Road, Amargosa Valley, Assessor Parcel # , and to allow the posting of a Cultivation LLC Applicant. Phase 2 of the Acres Cultivation medical marijuana development at 950 E. Anvil defer certain required on-site and off-site road and other improvements until performance bond as financial security to guarantee completion of the required improvements. Acres Cultivation LLC Property Owner. John Mueller; Acres 51. For Possible Action Discussion and deliberation regarding a request to PLANNINGIBUILDING yeas. The motion to adopt Nye County Bill No effective May 23, 2016, passed with 5 substantially complete. Those would not be brought to the Board before May 23, 2016, and would be approved under the previous ordinance. Mr. Lacy advised there were a couple of parcel maps submitted and accepted as Page 18

19 Application MM Cont d. Application MM Cont d. 50. For Possible Action Medical Marijuana Establishment Initial License 49. For Possible Action Medical Marijuana Establishment Initial License that the County was in pretty good shape. Office. There were still a couple of items that needed to be reconciled, but other than Commissioner Carbone commented he had talked with Kim Lara in the Treasurer s The report was in the back-up. 41. Treasurer s Report TREASURER Schinhofen; 4 yeas. Commissioner Wichman made a motion to approve; seconded by Commissioner Fireworks Event Permit to the Town of Round Mountain. Pearl Olmedo, Applicant. 40. For Possible Action Discussion and deliberation to issue a Display Club; seconded by Commissioner Wichman; 4 yeas. Commissioner Schinhofen made a motion to approve a display permit for the Mizpah Fireworks Event Permit to the Mizpah Club. Fred Cline, Applicant. 39. For Possible Action Discussion and deliberation to issue a Display SHERIFF Commissioner Cox and Sheriff Wehrly were not present. The Board was in recess until 1:30 p.m. Wichman; 5 yeas. Commissioner Schinhofen made a motion to approve; seconded by Commissioner Esq. Applicant. marijuana dispensary located at 1541 E. Basin Avenue, Pahrump, Assessor approve a variance from the medical marijuana security checklist for the medical Parcel # TGIG, LLC dba The Grove Weilness Center; Amanda Connor, 52. For Possible Action Discussion and deliberation regarding a request to yeas. approval by the Sheriff on the security plan; seconded by Commissioner Wichman; 5 Commissioner Schinhofen made a motion to approve items 49 and 50 pending final May 3,2016 Page 19

20 42. For Possible Action Discussion and deliberation regarding approval of a Wichman. Commissioner Schinhofen made a motion to approve; seconded by Commissioner PayPal user agreement to accept online payments for the Tonopah Justice Court. JUSTICE(S) OF THE PEACE Schinhofen. Commissioner Carbone made a motion to approve; seconded by Commissioner position # in the Pahrump Sheriffs Office effective July 1, 2016, due to the employee resigning on March 31, For Possible Action Discussion and deliberation to fill a vacant Deputy H/R AND RISK MANAGEMENT Schinhofen; 5 yeas. Commissioner Wichman made a motion to terminate; seconded by Commissioner Services Agreement with Sean Devlin, DO for Medical Director services for the Gabbs, Tonopah, and Smoky Valley. five (5) Volunteer Ambulance Services in Nye County Amargosa Valley, Beatty, 45. For Possible Action Discussion and deliberation to terminate a Professional EMERGENCY MANAGEMENT Schinhofen; 5 yeas. Commissioner Wichman made a motion to approve; seconded by Commissioner space at the Tonopah Airport. to Terminate the Lease Agreement with Tonopah Sand and Gravel for leased 44. For Possible Action Discussion and deliberation regarding a Notice of Intent COUNTY MANAGER The motion to approve passed with 5 yeas. Commissioner Cox was present Commissioner Carbone explained this had to do with more than just credit cards. not be used. Commissioner Schinhofen asked why the same system in the rest of the County could Page 20

21 putting people on at the Sheriff s Office. She understood this was a replacement, but Commissioner Wichman expressed her concern about the financial reports and still the employee resigning on March 31, Cont d. position # in the Pahrump Sheriff s Office effective July 1, 2016, due to 48. For Possible Action Discussion and deliberation to fill a vacant Deputy departmental cuts. Mrs. Webster reminded the Commissioners of the spike last year because of turnover rate percentage in the Sheriff s Office. Commissioner Schinhofen felt there were a lot of these and asked staff to provide the Commissioner Borasky pointed out the money the County lost by training an officer over and over again. the savings was $6, between now and the end of the fiscal year. Danelle Shamrell, Human Resources Manager, noted that according to the agenda item scales. savings because of that. Mrs. Webster added the County was experiencing really good savings with the 90 day hiring freeze and bringing people in at the bottom of the pay would do was hire at the bottom of the pay scale so there would be an embedded existing officer so she was replacing an existing budgeted position. What the Sheriff Mrs. Webster said these positions were budgeted and this was a resignation of an Commissioner Cox thought this might be a good opening to make ends meet at the end extra money in her budget to continue to keep hiring. of the year if the County cut back on an officer or two. She asked if the Sheriff had the and there had also been an extreme problem with autopsies this year. see where it was going. There was a huge issue with medications in the jail right now Mrs. Webster said the Sheriff knew and was looking at vendor reports every month to so painful. While there absolutely needed to be people on the ground, she was concerned about a department that knew it was over budget not taking steps to reduce Commissioner Wichman stated she was tired of going through budget cycles that were that budget but still coming forward asking for replacements on empty jobs. a violation. She would be going over everything in detail with the Sheriff on Friday. the past. It should be somewhere between $50, and $100, which Mrs. Webster thought could be augmented with some additional revenues so it would not be Mrs. Webster thought there would be an overrun this year, but not nearly as large as in were over budget again. she asked Pam Webster to look at where the Sheriff s Office stood and how far they Page 21

22 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP The motion to approve passed with 5 yeas. position # in the Pahrump Sheriff s Office effective July 1, due to the employee resigning on March 31, Cont d. 48. For Possible Action Discussion and deliberation to fill a vacant Deputy today, but the revenue page showed two gaping holes. One was PILT for $3 million Pam Webster said she was doing an in-depth review of revenue which she did not have 47. Financial Reports FINANCE Mrs. Webster explained it would not benefit the County to take a fund that was holding its own right now and reduce its income but retain the expenses. into repairing and replacing equipment as well as writing off losses every three months. Commissioner Cox said she would like to see that moved along as the County was now neck deep in other things. was complete. She had been working on it as time permitted but right now she was Mrs. Webster advised she would not be able to finish that analysis until after the budget Commissioner Cox asked how far along the process was to privatize the ambulance service or get someone else to take it over. actuals which would cause the ending fund balances to be higher for the final budget. see a significant reduction in what Mrs. Webster was projecting for the current year budgeted consistently but never filled so they were a place holder in case the need did arise. When the final budget hearing was held during the next meeting the Board would report showed a large part of it was in salaries and benefits. Apparently in the budget last year there were some positions approved by the former board that had been Mrs. Webster said she had also asked why the budget shortfall was happening and the under-run happen. She was not aware of any large, major expenditure although there showed 53% versus 75% of time elapsed Mrs. Webster expected to see a significant were some issues with the ambulances and some ambulance purchases would need to be made. included it in the reporting. The first couple of pages showed the general fund and while column showed almost every department near or around 50%. Since the bottom line generated quarterly for purposes of puffing on the Web site for public review and she the information was not absolutely current as it only went through March, the percent Pam Webster began her review by explaining the expenditure status report had been 26. Town of Pahrump Financial Report Page 22

23 Page Financial Reports-Cont d. and the other was net proceeds which the County should receive in May. She said the encouraging thing was consolidated tax was coming in very strong and was staying very strong and she expected to see something more like $12 million instead of the $11 budgeted this year. That would be a huge help and would also help to cover next year s shortfall as she could project $12 million. From that aspect Mrs. Webster felt there would probably be a $200, to $300, shortfall, but in reviewing the expenses report they found some individuals budgeted full time in the general fund that split their time between funds so they were able to move some of that. Mrs. Webster thought she would be able to give the Commissioners a good outcome next meeting for the budget hearing. Commissioner Schinhofen asked if PILT was received. Mrs. Webster reminded the Commissioners of last year when they split the payment up and her concern about that delayed payment being taken off the full payment. Commissioner Schinhofen wanted to prepare a tax bill since they seemed to only send the money when they had it. If they did not pay in three years the County took the land. Commissioner Wichman said this conversation had been had with Chris Marklund, the NACO representative on the national level. She had not seen an answer yet, but national NACO s logic was it was owed regardless of when it was paid. The only reason it was paid late was because of sequestration. FINANCE-Cont d. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 46. For Possible Action Discussion and deliberation regarding the budget status for Fiscal Year 2016, budget projections for Fiscal Year 2017, and possible actions. Pam Webster advised she was digging into the charges for services as well as the licenses and permits. She noted building permits were coming in really strong this year and at the last meeting the building fund was augmented because of that. There was also strong performance in fines and forfeitures.

24 Set a date, time and location for a Public Hearing on Nve County Bill No : the ordinance with the lanuae in the Nye County Sales and Use Tax Act of A Bill proposing to amend section of the Nye County Code by aligning 35. For Possible Action Discussion and deliberation regarding a request to: 1) DISTRICT ATTORNEY-Cont d. Chair Nye Coucky Clerk / Deputy a Of,2016. APPROVED this ATTEST: Commissioner Carbone adjourned the meeting. 56. ADJOURN There were none. 55. ANNOUNCEMENTS (second) There was none. 54. GENERAL PUBLIC COMMENT (second) Pam Webster said this item could be removed from the agenda. Fairgrounds parcel. from Gamebird Road to the north for approximately 1400 into the Pahrump 53. For Possible Action Discussion and deliberation to improve Fox Avenue PUBLIC WORKS Pam Webster added the action requested to be taken in the agenda form was incorrect. agenda item. have the sunset provision included in the statute. That change was not made for this Angela Bello explained the bill was on the last agenda and was pulled because it did not Commissioner Schinhofen wondered why this item was pulled since it was just setting a date, time and location. and other matters properly relating thereto; and 2) Read the title of the Bill into the record.-cont d. 2007; providing for the severability, constitutionality and effective date hereof, May 3,2016 Page 24