March 18, 2014

Commissioner Wichman

said in the third paragraph on page 20 the term Darrell Lacy used was “FLPMA,” not “FLITMA.”

Commissioner Carbone

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. March 18, 2014 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

advised the cannabis festival had been cancelled.

Commissioner Borasky

said on March 30, 2014, the Fifth Sunday Sing would be at the Freedom of Praise starting at 5:00 p.m.

Commissioner Schinhofen

stated Elko County had joined the resolution calling on the DOE and NRC to move forward and let everyone hear the science on Yucca Mountain. He read a statement from Mark Amodei into the record stating his belief it was not a dead issue and that the repository would come to fruition over time.

Commissioner Wichman

made a motion to set the public hearing for April 22, 2014, at 11:00 a.m. in the Board of County Commissioners chambers in Pahrump; seconded by

Commissioner Cox

; 5 yeas.

Commissioner Wichman

read the title of the bill into the record. March 18, 2014

Commissioner Carbone

made a motion to set a time and date for April 22, 2014, at 11:00 a.m. at the next Pahrump meeting; seconded by Commissioner Wichman; 5 yeas.

Commissioner Carbone

read the title of the bill into the record.

Commissioner Wichman

made a motion to set the date and time for April 22, 2014, at 11:00 a.m.; seconded by Commissioner Borasky; 5 yeas.

Commissioner Wichman

read the title of the bill into the record.

Commissioner Cox

made a motion to set the public hearing for April 22, 2014, at 11:00 a.m. in the Board of County Commissioners chambers in Pahrump, Nevada; seconded by Commissioner Wichman; 5 yeas.

Commissioner Cox

read the title of the bill into the record. March 18, 2014 TIMED ITEMS 8. 10:15 Sitting as the Board of County Road Commissioners For Possible - — Action Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Road Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.170 and R.S. 2477 Right- of-Way.

Commissioner Carbone

assumed the Chair of the Board of Road Commissioners.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Wichman

made a motion to adopt Nye County Resolutions RC2014-41 through RC2014-80; seconded by Commissioner Schinhofen.

Commissioner Wichman

said that his was her sixth year of doing this and there had never been a comment during the public hearing on any of these. She had been told that recently the BLM in the Tonopah office had a moratorium on RS2477 rights-of-way. In the questioning she was able to tell him that they had a public hearing and he was free to come and talk on any of them, but no one had ever talked for or against.

Commissioner Cox

asked about caution lights or the lowering of the speed limit in the area of Mesquite and Highway 160. Mr. Fanning said they had been working on the speed limits with the Town of Pahrump and no speed limits could be adjusted up or down until that was resolved. He would work on getting her a status update.

Commissioner Cox

asked Mr. Fanning to look at the “No Hitchhiking/Detention Center” signs as they had been vandalized. Mr. Fanning explained that was not a sign the County could correct. NDOT had to do it. He had sent an e-mail about it and would follow up. March 18, 2014 11. For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Cox

asked Mr. Fanning to see if warrants would support a four-way stop at Wilson and Lola by the hospital as there was a fence where the senior citizen mobile home park was which was very hard to see around. She also thought it should have a round corner.

Commissioner Borasky

described the signs in the middle of the ditch when traveling northbound on Vicki Ann at the corner of Gamebird and asked Mr. Fanning to look at and correct it. Also, he wondered how the fall at the bottom of the flood channel was being maintained. Mr. Fanning said he was not sure on that.

Commissioner Carbone

said he appreciated the sign information and wanted to talk to

Mr. Fanning

about the prices. 12. For Possible Action Discussion and deliberation to set a date, time, and location for a public hearing on Nye County Road Commission Resolutions establishing County public roads pursuant to Nevada Revised Statutes 405.191, 403.1 70 and RS. 2477 Right-of-Way.

Commissioner Wichman

made a motion to set the time and date for April 22, 2014, at 10:15 a.m. in Pahrump; seconded by Commissioner Schinhofen; 5 yeas. 13. For Possible Action Discussion and deliberation regarding a Resolution amending Nye County Road Commissioners Resolution RC 2013-318 establishing a county public road pursuant to Nevada Revised Statutes 403.170, 405.191 and RS 2477.

Commissioner Wichman

made a motion to adopt Nye County Road Commission Resolution RC2014-253, amending Nye County Road Commission Resolution RC2013- 318; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. PUBLIC WORKS

Commissioner Wichman

made a motion to approve; seconded by Commissioner Ca rbone.

Commissioner Carbone

wanted to make sure the Public Works Director had agreed to what was written in this item. Dave Fanning said not as it was written. He thought March 18, 2014 45. For Possible Action Discussion and deliberation regarding a Memorandum of Understanding with Artesia Owners Association to keep rights-of-way in the Artesia Subdivision free of weeds, trash and debris.-Cont’d. 12.08 would be brought up instead of just Code 16 as 12.08 was for encroachment permits.

Commissioner Carbone

asked if people would have to fill out an encroachment permit for the boulders in the middle of the road. Mr. Fanning stated that once this went through he would have to address that, but tight now they would not. Brian Kunzi clarified this agreement was not granting anyone any right to do anything in the right-of-way except to remove debris, trash, etc., and it was not appropriate under this subject to talk about encroachment permits because that had nothing to do with what this agreement was talking about. This was a simple agreement that did nothing mote than allow them to remove the trash and debris and help maintain it for the benefit of the homeowners association and it removed the burden from the County of having to do it. Tim Hafen from the Artesia Homeowners Association stated this agreement did nothing mote than allow them to spray and clean weeds in the right-of-way and anything beyond that would have to come back for the approval of Public Works and the County. As far as future encroachments for future homes where lots would be developed, he would like to work out an agreement concerning how they would do that.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board.

Sheriff DeMeo

was not present. March 18, 2014 GAMING 14. For Possible Action Discussion and deliberation regarding a Gaming License for Bricos LLC dba Draft Picks. 1101 S. Hwy 160. Pahrump, NV. Brian Shniderson, Applicant.

Commissioner Schinhofen

made a motion to approve based on staff recommendation; seconded by Commissioner Wichman; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of 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 Carbone

asked that item 18 be pulled for discussion.

Commissioner Cox

asked that item 19 be pulled for discussion.

Commissioner Wichman

made a motion to approve items 16 and 17; seconded by

Commissioner Cox

; 5 yeas. 16. For Possible Action — Approval of Elected Official Collection Report

Commissioner Wichman

made a motion to approve items 16 and 17; seconded by

Commissioner Cox

; 5 yeas. 17. For Possible Action Approval to set the date and location of the second meeting of the Board of Commissioners for Tuesday, June 17, 2014 in Pahrump. Nevada.

Commissioner Wichman

made a motion to approve items 16 and 17; seconded by

Commissioner Cox

; 5 yeas. 18. For Possible Action Approval to apply for the 2015 Byrne Memorial Justice Assistance Grant (JAG) through the Nevada Office of Criminal Justice Assistance to assist in the costs of two full time Narcotics Detectives, one part time no benefits Office Assistant, and confidential funds.

Commissioner Carbone

noted this particular grant had been used for a number of years and he understood the employees on it had been on it since 1999. He wondered if there would come a time when those employees would become permanent, full-time March 18, 2014 18. For Possible Action Approval to apply for the 2015 Byrne Memorial Justice Assistance Grant (JAG) through the Nevada Office of Criminal Justice Assistance to assist in the costs of two full time Narcotics Detectives, one part time no benefits Office Assistant, and confidential funds.-Cont’d. County employees and included in the normal budget process because if the grant went away then they went away. Rick Marshall from the Sheriff’s Office explained the grant was started back in 1994 and had continued on with various personnel moved into the narcotics position for five years or longer. Based on the collective bargaining agreements, the employees had tenure and were clearly not at the bottom of the list to be laid off. Mr. Marshall added this grant helped offset the cost of the employees, but the decision to accept or not accept the grant rested with the Commissioners. If the grant went away, the narcotics team might be dissolved and employees laid off depending on what the Commissioners did with the level of funding. Susan Paprocki advised these employees at the time the grant was approved were budgeted 52% in the general fund and 48% in the grant fund. At this time in the tentative budget they were budgeted in the general fund, but if the grant was received they would be budgeted accordingly.

Commissioner Wichman

said that based on the fact that this helped with the County’s budget she would make a motion to approve; seconded by Commissioner Borasky.

Commissioner Cox

questioned the need for more narcotics detectives. Mr. Marshall said this did not increase the strength at all. It just maintained the officers the Sheriff’s Office had. Brian Kunzi stated the Board did not have any authority to determine how many narcotics detectives were hired or not hired. The Board only had the capability to give resources to the Sheriff, who then had the discretion to hire and deploy as he saw fit. The only thing that would happen if this grant went away was the Sheriff would lose this resource, but that did not mean that he could not divert other resources to keep the same narcotics officers.

Commissioner Wichman

stated any time she had an opportunity to attract the taxes the taxpayers in this County had sent to the federal government she would do so. March 18, 2014 19. For Possible Action Approval to accept the State of NV Office of Emergency Medical Systems 2014 Emergency Medical Service Coordination (EMSC) grant for transitional training from EMS instructors. Vance Payne, EMS Director, explained the Nevada Department of Transportation drove the requirements for EMTs. There was a new training standard and this particular grant gave them resources to provide for the transitional trainer to bring it to the people in the ambulance service in Nye County. It would offset some costs involved in sending them to Winnemucca to attend this class. Mr. Payne advised there was a $600.00 match from the County which he could absorb in his budget.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. 7. Commissioners’/Manager’s Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)-Cont’d.

Commissioner Borasky

asked to have an agenda item to either ban all drinks in chambers or specify it could only be bottled water in clear containers as people in the audience were questioning him having something to drink. TIMED ITEMS-Cont’d. 9. 11:00 For Possible Action Continued Public Hearing, discussion, and — - deliberation to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2013-31: A Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by adding Section 17.04.870 “Medical Marijuana,” establishing the provisions related to zoning, development standards, and other land use regulations for medical marijuana establishments; and providing for the severability, constitutionality and effective date hereof; and other matters properly relating thereto; and 2) set an effective date.

Commissioner Schinhofen

said this was a continued public hearing. He read the ballot question voted on twice by the people with 62.73% voting for it.

Commissioner Schinhofen

opened the public hearing. John Koenig, chairman of the RPC, said he turned the gavel over and made the motion himself to allow it in the PRPD, including having the distribution facility because the RPC was informed that without zoning they could not do anything. He was recently informed that if there was no zoning then essentially someone could do whatever they wanted based on the conditions the Commissioners put forth so theoretically a distribution center did not have to be in Pahrump. Knowing those new facts Mr. Koenig was not sure if he would have made his motion differently, but he wanted to explain why the motion was made the way it was and that it was based on erroneous information. March 18, 2014 9. 11:00 For Possible Action Continued Public Hearing, discussion, and — - deliberation to: 1) adopt1 amend and adopt, or reiect Nye County Bill No. 2013-31- Cont’d. Brian Kunzi said one of his concerns was the State was saying it was a County decision to make as far as allowing these establishments, but the way the statute was written the State controlled how many dispensaries and cultivation facilities were permitted as well as the issuing of licenses and the granting of registrations to operate the facilities. The only thing the statute said was that if the County had zoning restrictions placed on them then they had to comply with those restrictions before they were granted an application or license from the State. He said that was fool’s gold because if the County did not put any restrictions in he was afraid it would be at the mercy of the State. The State could grant a license and those people could come in wherever they wanted whenever they wanted. Mr. Kunzi felt there needed to be restrictions which could only be placed through the zoning and licensing requirements. Regarding the issue of whether or not the medical marijuana establishments could only be placed in the PRPD, Mr. Kunzi clarified that was not an absolute part of what the State was saying. The idea was they could only be put into certain zones, so zoning was needed. Outside of the regional planning district was a multi-use zone for the test of the County, meaning industrial and commercial uses were allowed anywhere throughout the County, which caused Mr. Kunzi concern to simply limit this to the PRPD. One of his suggestions shown in the back-up was to broaden the application to areas outside of the PRPD, but this was a Chapter 17 ordinance that only applied to the PRPD. He said the issue of any establishments outside of the PRPD needed to be addressed and suggested doing that through the licensing ordinance.

Mr. Kunzi

then addressed the idea that conditional use permits could not be done except in areas that had zoning. NRS Chapter 278 stated in counties less than 45,000 a planning commission was not required. In the absence of appointing a planning commission, the Board of County Commissioners was the planning party with all the power to perform whatever could be performed by a planning commission, one of which was the ability to impose conditional use or special use permits for any activities within that area. However, Mr. Kunzi advised that could not be done in this ordinance. He proposed a provision under the licensing that specifically stated in order to be eligible for a license a conditional use permit had to be obtained.

Commissioner Carbone

asked if Mr. Kunzi was suggesting this item be continued. Mr. Kunzi said no and recommended closing the public heating today and making a decision as to the direction. He would then finalize the language and have it approved at the next meeting. Steve Osborne from Planning gave a presentation providing the history of the medical marijuana legislation; the Nevada Health State Division program; qualifications for a medical marijuana card; the types of medical marijuana establishments; and the limitations on home cultivation. Counties were allowed to establish regulations March 18, 2014 9. 11:00 For Possible Action Continued Public Hearing, discussion, and — - deliberation to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2013-31- Cont’d. pertaining to location, land use, appearance and signage of medical marijuana establishments. Each establishment must be located in a separate building or facility in a commercial or industrial zone and comply with all local ordinances and rules pertaining to zoning, land use and signage. Mr. Osborne said the proposed zoning regulations would only apply to the PRPD and areas outside of that would be subject to the State requirements and any licensing the County required. Mr. Osborne then discussed cooperatives, which would be allowed provided they were located in the proper zoning district, and they could be considered the one dispensary in the County if the State classified it that way.

Mr. Kunzi

added they would have to be licensed by the State because if they did not operate in compliance with NRS 453A they were in violation of the Federal Controlled Substance Act.

Mr. Osborne

stated staff recommended that within the PRPD to allow all four types of medical marijuana establishments within the light industrial and heavy industrial zoning districts, have additional distance separation requirements, and require a conditional use permit for all establishments. He reviewed the various options the Board had, which included the exclusion of a dispensary or prohibition of all medical marijuana establishments within the PRPD by rejecting the bill and instructing staff to draft a bill in that manner.

Mr. Kunzi

advised the number of cultivation facilities were dependent on what the State determined was the need of the dispensary. If there was no dispensary, then the State could say a cultivation facility was not needed. He cautioned the Board to not go into this with the assumption they could have a cultivation facility without a dispensary.

Mr. Osborne

then discussed the licensing. A license would be required to operate all medical marijuana establishments both inside and outside of the PRPD. A special business tax of 15% would be imposed on all marijuana produced for sale, sold or distributed within Nye County, and the license fee would be $50,000.00 per year. If the Board did nothing on zoning, Commissioner Carbone asked if that meant the people growing it today who had a card to grow a certain amount of plants could continue. Mr. Kunzi said the law becomes effective in 2016 that would remove that and he had not analyzed that part of it, but if the County did not do zoning the State could license someone to come in and the County had no controls over them. Some counties had banned the facilities and Mr. Kunzi was very concerned about what the State could do if that approach was taken. He felt the safest way of doing this would be to make the zoning requirements so onerous they could not be complied with rather than doing nothing. The County could also control who got the licenses with the County’s licensing and CUP requirements. March 18, 2014 9. 71:00 For Possible Action Continued Public Hearing, discussion, and — - deliberation to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2013-31- Cont’d. Assemblyman William Home felt that doing nothing may do more harm than good as one component missing in the discussion was a memo from the Department of Justice (DOJ), which basically said lithe County was going to participate in medical marijuana businesses in its jurisdiction then the DOJ would place it in a low priority in enforcing the laws on the Schedule I drug if the County did certain things, one of which was zoning laws. Assemblyman Home said if the County did not have any zoning regulations, then arguably the applicant could meet all the State requirements and get a license. However, if the County was overly restrictive, the County could open itself up to a lawsuit.

Commissioner Borasky

asked if there was any talk of why the Food and Drug Administration (FDA) would not be handling this considering it was a drug or about safeguards. Assemblyman Home did not recall a discussion of the FDA, but said there were discussions on the safeguards, which was why the statute had distance requirements and control was given to the counties to allow them to add their provisions for zoning and security, etc.

Commissioner Borasky

shared the data from the Rocky Mountain Poison Center on marijuana exposure for children aged 0-5. The national average in 2006-2008 was 3.5. In Colorado where this was opened up for more than just medical purposes the number went up to 7. He said in 2009-2011 the national average was 5 and the Colorado number was 16.2, which was a huge increase in marijuana exposure. Assemblyman Home noted in the State of Nevada recreational use was not discussed nor was that the law. This was for medicinal purposes only. He explained there were a variety of strains that all had to be sent to testing labs, labeled and tracked. There were conditions that it was supposed to look and have the appearance of a medical office or pharmacy and the only people who were supposed to be going in and out of the dispensaries were patients, their caregivers, or employees of the dispensary or medical marijuana establishment.

Commissioner Carbone

noted some people had an issue with the 25 mile-radius restriction around a dispensary. The District Attorney mentioned a linkage that if there was no dispensary there may be no grow facilities. Commissioner Catbone asked if that was the intent. Assemblyman Home said he did not read that the same way. He thought the County could arguably have a cultivation facility with no dispensaries.

Mr. Kunzi

reiterated that the number of cultivation facilities permitted by statute was specifically dependent upon the needs of the dispensary and his concern was the State could have a say in controlling that. March 18, 2014 9. 11:00— For Possible Action Continued Public Hearing, discussion, and deliberation to: 1) adopt1 amend and adopt, or reject Nye County Bill No. 2013-31- Cont’d. Assemblyman Home said there had been no suggested number of cultivators that the State was going to license. He believed the State would license a finite number of cultivators, but he did not believe there was a restriction on those cultivators only selling their products to the county in which they sat.

Commissioner Schinhofen

asked if the Board set the zoning in place if the dispensary could be limited by the licensing. Mr. Kunzi said yes.

Commissioner Wichman

assumed the Vice Chair of the Board of County Commissioners. Referring to the back-up, Commissioner Schinhofen said C would allow the establishments in light industrial, heavy industrial and general commercial. The signage under F and the separation distances would serve the County well. He made a motion to approve the zoning with those changes; seconded by Commissioner Carbone. Debra Strickland said she agreed with the Chairman on item C as in the back-up and item F on signage, but she had thought they would try to maintain the 300 foot distance from residential. Sam Huntington said as a cultivator proposing to come into the County he agreed with the zoning and did not think it was necessary to go beyond the State regulations. Kenny Bent hoped the Board voted against the motion and suggested an ordinance banning the establishments. Steven Cooksey supported the zoning. Laura Oslund said she was against the zoning. She thought it was too easily accessible to people and the Board did not have enough knowledge. Al Brody said he supported the proposal. Tawny Tankersley expressed her support of Commissioner Schinhofen’s proposal. Michael McAuliffe, the political outreach director for WECAN (Weilness Education Cannabis Advocates of Nevada), fully supported Commissioner Schinhofen’s proposal and did not think there was a need to go beyond the restrictions the State had established. Lloyd Platson was not in favor of the current ordinance and read a statement which he and Stacy Smith had signed expressing their concerns with the unknowns about March 18, 2014 9. 11:00 For Possible Action Continued Public Hearing, discussion, and — - deliberation to: 1) adopt, amend and adopt, or reject Nve County Bill No. 2013-31- Cont’d. medical marijuana and its related issues. They felt it was in the best interests of the community to not allow any establishments in Nye County until the unknowns had been resolved. Should the Commission feel it was imperative to move forward on this zoning decision, they strongly encouraged that all establishments associated be placed in light industrial or heavy industrial and be one mile from schools, community centers, parks, churches and education facilities. Dave Caudle stated he was against the proposal and it appeared to him the subsequent laws passed negated the intent of the vote that the people took to start with.

Commissioner Wichman

called for the vote of the Commission.

Mr. Kunzi

said paragraph E would need to be amended to read “an applicant for a conditional use permit to allow for the operation of a medical marijuana establishment” if the prohibition on dispensaries was being taken away.

Commissioner Schinhofen

amended his motion.

Mr. Kunzi

advised that one of the things they had to do at the State level was provide a security plan and that should be part of the County’s conditional use permit to allow the County to analyze the security plan and put additional conditions on the conditional use permit regarding that safety plan.

Commissioner Schinhofen

amended his motion that in the conditional use permit they had to submit a security and transportation security plan.

Mr. Kunzi

also suggested that as part of the mandatory conditions of approval under F that the Board consider putting in a provision that they must comply with the approved electronic verification system and inventory control systems as required by State law and such other conditions as may be imposed.

Commissioner Schinhofen

amended his motion.

Commissioner Carbone

withdrew his second. The Board was in recess until 1:45 p.m. March 18, 2014 BOARD OF COMMISSIONERS 20. 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 Cox

was not present.

Commissioner Wichman

made a motion to go into closed session; seconded by

Commissioner Carbone

; 4 yeas. 21. 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 a closed meeting. 22. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting.

Commissioner Cox

was present. TIMED ITEMS-Cont’d. 9. 11:00 For Possible Action Continued Public Hearing, discussion, and — - deliberation to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2013-31: A Bill proposing to amend Nye County Code Title 17, the Zoning Ordinance of the Pahrump Regional Planning District, by adding Section 17.04.870 “Medical Marijuana,” establishing the provisions related to zoning, development standards, and other land use regulations for medical marijuana establishments; and providing for the severability, constitutionality and effective date hereof; and other matters properly relating thereto; and 2) set an effective date.-Cont’d.

Commissioner Carbone

made a motion to amend and adopt all the things talked about less the dispensaries; seconded by Commissioner Wichman.

Commissioner Wichman

stated she only offered a second because if the County did not do something to control what was happening in Nye County she believed the State would do it for them.

Commissioner Carbone

set the effective date as April 7, 2014. 10. 1 1:00 For Possible Action Public Hearing, discussion, and deliberation to: - - 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-09: A Bill proposing to amend Nye County Code Title 5, Business Licenses and Regulations, by adding Chapter 5.32 pertaining to the licensing and regulation of Medical Marijuana Establishments; setting forth the procedures and requirements for the issuance of Medical Marijuana Establishment Licenses; establishing the fees required for such licenses; providing for the imposition of a special business tax; setting forth the provisions for renewal of such licenses; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) set an effective date. Brian Kunzi said in section 5.32.020, Denial Conditions, he recommended putting in as a condition of denial not obtaining a conditional or special use permit for the operation of a medical marijuana establishment from Nye County, which would cover the areas outside of the PRPD until an ordinance for those areas was adopted. Also, in section 5.32.090, Prohibitive Acts, he recommended adding as a prohibitive act failing to comply with all requirements of the conditions of the conditional use permit, which would make it a misdemeanor violation and give the Commission the right to pull the license and pursue litigation.

Commissioner Schinhofen

noted it was also a violation to sell through illegal channels and the penalties were up to confiscation of all the property.

Mr. Kunzi

advised all the Board could do was define something as a misdemeanor. In the amendments previously proposed he added the penalty for a violation, which included as stiff a criminal punishment as possible with a misdemeanor, and made it very clear that civil penalties could be imposed including revocation of their license. Also, he made it very clear that any type of regulatory action taken with regard to the license was cumulative to any criminal action taken, and that violation of any terms that took it the outside of the bounds of the State law was a violation of the Uniform Controlled Substances Act, which was where all of the forfeiture provisions were triggered for use of the facilities for the commission of a crime. He had also added in specifically that there could not be any transportation, sale or delivery from these facilities across State lines.

Commissioner Schinhofen

asked if the 15% business tax should also apply to distribution outside of Nye County as the cultivation facility would be here and selling to Las Vegas. March 18, 2014 10. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - - 1) adopt, amend and adopt, or reject Nve County Bill No. 2014-09-Cont’d.

Mr. Kunzi

explained that was applied to a cultivation facility since they would be distributing everything they grew. That language was there to cover having a dispensary.

Commissioner Schinhofen

wondered why the business tax was 15%. He would like to see that lowered as well as the $50,000.00 County fee.

Commissioner Schinhofen

opened the public hearing.

Commissioner Carbone

asked if the requirements regarding the criminal activity would have to be in another ordinance to allow the Sheriff to make sure those things did not happen. Mr. Kunzi said those were like any other law enforcement issue and when the Sheriff received a report of something he would have to investigate it. Steven Cooksey said the tax should be paid yearly and based on yearly net income. Also, the cost would be passed along to the patient and there should be sales tax on it, but it should not be taxed to the point where the patients were driven somewhere else. Diane Southworth said if there were no dispensaries then someone who had a legal marijuana card could not legally buy the product and would be made a criminal in the meantime. She said the County needed the dispensary as well and should license it the best way it could.

Commissioner Schinhofen

noted the dispensaries were just not in the PRPD zoning and could be outside of that. Tim Roach, manger of Hydrograins, said what the Board was doing today would take him out of any running to do a crop change as he was sifting on VR2O. He wondered if there would be any discussion about taking care of existing businesses in the area to see if there was some kind of way to get a zoning variance.

Commissioner Schinhofen

said the request for a variance had to go to the RPC first.

Mr. Roach

stated he went there and was told there was no mechanism in place to do spot zoning on the master plan and without spot zoning he would not be able to compete. John Bosta asked if numbers 9 and 10 both applied to warehouse growers since the Board removed the dispensaries.

Commissioner Schinhofen

said the licensing applied to dispensaries outside of the PRPD. March 18, 2014 10. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - - 1) adopt, amend and adopt, or reject Nye County Bill No. 2014-09-Cont’d.

Mr. Bosta

recommended the tax should be on the gross instead of net as suggested as in bookkeeping net could be zero. Al Brody said in SB374 there was a $5,000.00 non-refundable application fee. For a dispensary there was a $30,000.00 fee to get the certificate and the renewal fee was $5,000. For a cultivation facility the certificate fee is $3,000.00 and renewal fee was $1,000.00. He also supported the sales tax idea and a 2% excise tax out of which 1.5% would be applied to the State Education Fund and the other half percent would be used for administration of the program. Sam Huntington told the Board they needed to aware that if there were no collectives in the County then most of the product will be exported to other counties and any tax could render businesses established here at a competitive disadvantage. The same applied to the fees. Debra Strickland said the fee schedule needed to be reconsidered. Michael Augustine, founder of the Nye County Cannabis Coalition, stated he advocated for the patients and was told his cooperative would have to qualify like a dispensary, which he disagreed with. He said there had to be access somewhere for it and his goal was to find out today in what direction the patients could go and if he would be allow to continue what he had been doing.

Commissioner Wichman

said she believed that what Commissioner Carbone did by removing the dispensaries from the ordinance was put those outside the boundaries of the PRPD, which put them outside of the 25-mile State requirement so those who were growing and using their own could continue to do so. Tawny Tankersley supported the suggestion to make the tax and fees at a feasible level. Laura Oslund said she wanted the fees and taxes to stay high because if people were using it the costs should be on them and not passed on to her.

Commissioner Schinhofen

closed the public hearing.

Commissioner Cox

said she did not want to make it so the taxes were so high people did not have the medical market to get it. The County should pay its obligations, but this should not be a profit-making venture for people and that seemed to be what it was turning into. She would like to see this cut as close as possible without it coming back to bite the taxpayer.

Commissioner Schinhofen

suggested going down to 10% and $30,000. March 18, 2014 10. 11:00 For Possible Action Public Hearing, discussion! and deliberation to: - - I) adopt! amend and adopt! or reject Nye County Bill No. 2014-09-Cont’d.

Commissioner Wichman

made a motion to amend and pass the ordinance. One amendment would be the addition of number 13 in 5.32.020 as suggested by the District Attorney. The second amendment would be in 5.32.090 which added the prohibition of failure to comply with the conditional use permit as outlined by the District Attorney. And, the tax would be 10% with an annual licensing fee of $30,000.00 with $5,000.00 non-refundable each year; seconded by Commissioner Carbone.

Commissioner Cox

stated if they were allowed to grow here they would have to be licensed so this would have to pass, but she did not support any illegal use of marijuana or any other drugs.

Commissioner Borasky

was not present.

Commissioner Wichman

set an effective date of April 7, 2014.

Commissioner Carbone

was not present. SITTING AS THE GOVERNING BODY OF UNICORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN AND RAILROAD VALLEY BEATTY 15. For Possible Action Discussion and deliberation to approve a proiect for the Beafty Community Center Kitchen Remodel.

Commissioner Wichman

noted this was approved by the Beafty Town Board and made a motion to approve; seconded by Commissioner Borasky.

Commissioner Cox

questioned the cost of the electric range. Pam Webster stated it was used quite a bit for special events and private parties so she assumed it would expand their usage and make it more applicable to larger parties. She added the money was coming out of their capital fund, not the County budget.

Mr. Kunzi

further advised the Board that some of the parcels were under the Town of Tonopah, and by taking control of the parcels they could control what would be explorable mining claims. Also, if the County took control of them then they could also be put up for sale to the highest bidder rather than being leased. A caveat to that though was if the County took the properties, the back taxes would have to be paid and a revenue source determined as taking title to these properties did not fall within any of the exceptions that could be used to not pay the back taxes. Trish Rippie said she represented Corvus Gold, a mining company which owned a number of mining claims in the Bullfrog District. She advised Corvus Gold wanted to acquire from the County the Gold Coin 1-4 claims shown on the last page. They had already drilled around that area and knew there was no mineral value, but because they were putting their mine there they wanted to control the claims around it. March 18, 2014 48. For Possible Action Discussion and deliberation regarding a request to transfer Nye County Treasurer Trust property to Nye County ownership for the purpose of allowing the public to petition to explore and develop the mine or claim.

Commissioner Wichman

made a motion based on staff recommendation to have staff bring this item back when the costs and locations had been determined; seconded by

Commissioner Borasky

; 5 yeas. 47. For Possible Action Discussion and deliberation regarding the designation of County roadways for shared access by Off-Highway Vehicles (OHVs) in the Town of Pahrump. Pam Webster said staff would like to have direction to move forward to develop an ordinance for the town and incorporate some of the language used for Tonopah and address the unique needs of Pahrump.

Commissioner Carbone

made a motion to direct staff to move forward; seconded by

Commissioner Wichman

; 5 yeas. NUCLEAR WASTE REPOSITORY PROJECT OFFICE 40. For Possible Action Discussion and deliberation to apply for a Hoover power allocation from Western Area Power Administration (WAPA) and the Colorado River Commission (CRC) and to coordinate with other Nye County entities to submit a ioint application.

Commissioner Borasky

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

Commissioner Carbone

said Mr. Hafen had a question as to whether money would be saved based on going through VEA specifically. Darrell Lacy explained a prior agenda item gave instruction to investigate it. They had discussions with other entities and were now looking at submitting a joint application on behalf of the County, towns and School District, which was non-binding. Once the WAPA responded to the application and made the offer to purchase power from them the exact price would be learned, but it was anticipated to be a savings of between $100,000.00 and $300,000.00 a year for fifty years. Tim Hafen did not feel this would be as economical as the County thought as there were too many entities and areas involved and it would be completely dependent on Valley Electric. He also believed that the savings to the County and other government entities would have to be passed on to the other consumers if Valley Electric was to remain viable. March 18, 2014 40. For Possible Action Discussion and deliberation to apply for a Hoover power allocation from Western Area Power Administration (WAPA) and the Colorado River Commission (CRC) and to coordinate with other Nye County entities to submit a ioint application.

Commissioner Wichman

told Mr. Lacy that if as he worked through this it became obvious to him that he was spending $5,000.00 to save $200.00 he should not go any further and bring the item back. HIR AND RISK MANAGEMENT 39. For Possible Action Discussion and deliberation to consider sources of occupational health services to Nye County employees in Tonopah and surrounding areas. Dannelle Shamrell, Human Resources Director, explained in February the Sheriff’s Office in Tonopah tried to schedule physicals for employees. They were having a difficult time getting them scheduled at Nye Regional and cost was an issue. They contacted ARC knowing the County had previously talked with them about providing these services. She added the County was noticed recently with a rate change at Nye Regional in excess of 300%. The request was to move forward with working on allowing ARC to provide the services for deputies north of Pahrump.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 38. For Possible Action Discussion and deliberation regarding approval of the Memorandum of Understanding between NCEA & Nye County.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. HEALTH & HUMAN SERVICES 37. For Possible Action Discussion and deliberation regarding one Medical Indigent inpatient hospital bill.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. March 18, 2014 FINANCE 36. For Possible Action Discussion and deliberation regarding the Lease Agreement with Tails End, Inc. of Pahrump.

Commissioner Wichman

made a motion to approve based on staff recommendation and directed staff to transfer the utilities to the landlord/tenant account to be paid directly by the tenant; seconded by Commissioner Carbone.

Commissioner Schinhofen

asked about section 1.4, item 3, which said the tenant shall pay landlord a monthly rent in the sum of $1.00 per year. Pam Webster said it would be annually.

Commissioner Wichman

amended her motion to reflect such amendments;

Commissioner Carbone

amended his second; 5 yeas. 35. For Possible Action Discussion and deliberation regarding a capital project for the remodel of the Law Library and District Attorney Office space in the Tonopah Justice Facility.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 34. For Possible Action Discussion and deliberation regarding a Resolution for the Dissolution of the Petty Cash Fund for the Payment of Advance Travel and Subsistence.

Commissioner Carbone

made a motion to adopt the resolution; seconded by

Commissioner Borasky

; 5 yeas. 31. Budget to Actual Revenue Report 32. Budget to Actual Fund Balance Report 33. Budget to Actual Expenditure Report Items 31-33 were taken together. Susan Paprocki stated the general fund revenue was at 64% of revenue received with 63% of the year elapsed. Match 18, 2014 EMERGENCY SERVICES 30. For Possible Action Discussion and deliberation regarding a Reciprocal Aid Agreement with Newmont USA Limited.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. COUNTY MANAGER 29. For Possible Action Discussion and deliberation regarding directing the transfer of Nye County Treasurer Trust property to Town of Tonopah ownership for public purposes.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Carbone; 5 yeas. 28. For Possible Action Discussion and deliberation regarding directing the transfer of Nye County Treasurer Trust property to Nye County for public purposes. Lorina Dellinger stated the funding source was not identified at the time the agenda item was submitted. The total was $3,914.63 and could be absorbed by Admin’s budget.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. 27. Economic Development Report Pam Webster stated this report was reviewed at the NCREDA meeting and some suggestions were made for additional information which they were looking at including. 26. Ongoing Proiect Report

Commissioner Carbone

asked for a status on the house in Tonopah the County was remodeling. Pam Webster said it could be done in 90 days if some time could be dedicated to it. Inmates were helping to move some of the heavier tasks along. The drywall was up, but needed taping, and the cabinets were up. She explained this was not a primary work duty but something done as time permitted when other work orders were completed. When it was done the County would need to consider whether it would be better to sell or rent it. March 18, 2014 26. Ongoing Project Report-Cont’d.

Commissioner Carbone

asked if the prescription discount card program would take care of all areas. Mrs. Webster said Nye County had been one of the largest users in the State.

Commissioner Wichman

stated it was actually nationwide and Nye County ranked at the top. DISTRICT COURT 25. For Possible Action Discussion and deliberation regarding a contract with WestCare, NV Inc. to provide substance abuse treatment for Fifth Judicial District Adult Drug Court participants. Brian Kunzi advised this was for the operation of the drug court and the funds would come from the $370,000.00 turned over from the non-profit that had been improperly kept by the non-profit. Those funds needed to be paid down before grant funds could be used. The funding source was out of those funds from the program income, which were fees paid by the participants in the program.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 5 yeas. TREASURER 24. Treasurer’s Report The report was in the back-up. BOARD OF COMMISSIONERS-Cont’d. 23. For Possible Action Discussion and deliberation regarding a resolution supporting Nevada’s Sesquicentennial, the 150th anniversary of Nevada’s admission to the Union and encourage other counties to get involved.

Commissioner Wichman

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

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of 1fL _ ,2014. Ch NyeXCrk/ ey