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Public meetings / Board of County Commissioners

July 16, 2014

138 turns, 138 with a named speaker, under 20 agenda items. The words and the names are the county clerk's.

3. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Commissioner Carbone

asked why they chose a residential area where an SUP could not be applied for. Mr. Caperton explained when they filed their application they thought they could file for a waiver as the two closest residents had signed off on their intent to notice. They had a meeting scheduled with a realtor for one of the properties, but were not aware of the necessity to have documentation from the other property owner as there were no structures on the lot.

Commissioner Carbone

asked if they had looked at their water requirements. Mr. Caperton stated they were aware they needed additional water. There was water on the 2121 property now via well so they could make some conversions, but if they chose to take the property behind that they knew they would need a well. To address the residential zoning issue, Mr. Lacy advised a zoning change would be the recommended course of action. Other people in this group came in weeks ago to go through the RPC process to make some zoning changes, two of which were dealt with in the Board meeting yesterday. However, this group did not come in time.

Commissioner Schinhofen

suggested it could be approved with the condition they get a zone change. July 16, 2014 3a. Special Use Permit Application No. SU-14-0001-Cont’d.

Mr. Lacy

added there had been discussions with the Sheriffs Office regarding concerns about the security.

Commissioner Carbone

said he brought up the water also due to the concern for fire.

Commissioner Schinhofen

stated the Board would also consider when approving the SUPs that before a license was issued a security plan approved by the Sheriff would be requited. 3b. Waiver Application No. WV-14-0006: Public Hearing! discussion, and deliberation on a request for a Waiver from the residential separation distance requirement! for a medical mariluana establishment (cultivation) in a Rural Estates Residential (RE-2) zoning district! on 2.38 acres located at 2121 W. Blosser Ranch Road, Pahrump, Assessor Parcel #29-573-07. Kenneth Bauder Trust Property Owner. A Touch of HealinglWillia Chaney— Applicant; This item was removed from the agenda.

4. 9:00 a.m. For Possible Action Special Use Permit Application No. SU-14-

Mr. Misle

said he and his partners had created several successful legal dispensary and cultivation facilities. Their business model for success was to combine quality service and product for the industry while using a corporate approach for continued sustainability. They anticipated their business would generate lucrative revenue for the County. Their dedication to healing would extend beyond cultivating as they also looked to support drug intervention programs by donating money and medicine to registered patients in hospices and senior living facilities. July 16, 2014 4. 9:00 a.m. For Possible Action — — Special Use Permit Application No. SU-14- 0002-Cont’d. The building was located at 1261 East Calvada, the old Skate Zone. It blended with the existing surrounding uses and had water, power and air conditioning. There would be on-site security and the facility would not be open to the public. They anticipated the creation 0160 jobs with 24 hour a day operation with shifts.

Mr. Bowyer

, the master grower, outlined the strains that would be produced in their facility, the on-site lab testing, and the how the material would be packaged.

Mr. Seltzer

advised they would use local banks by running their sales, credit card transactions, and payroll through them. Between himself and Mr. Misle they had over $250 million at their disposal to make this one of the largest facilities in Nevada.

Ms. Green

, the cannabis industry expert on the team, said based on the size of their facility and financial capabilities they were dedicated to helping and healing the community by donating $300,000.00 a year.

Commissioner Carbone

asked about the benefits to their employees. Mr. Misle explained they planned to bring full benefit packages to the facility for all employees, which included workers compensation, full medical for all employees with family and spouse coverage, vacations, and all the standard things all their other facilities had.

Commissioner Carbone

asked if they had talked with Utilities, Inc., about their plans.

Mr. Misle

said they had investigated everything on the property and would need to bring in some additional power, but they had adequate air conditioning and water.

Commissioner Schinhofen

noted they operated in other states and asked if they planned to have this as their national headquarters. He also wondered about a lab on- site.

Mr. Misle

said they did plan to make this their national headquarters. He clarified they did have their own lab testing equipment for in-house quality control, but the product would be sent out to laboratories for testing.

5. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Mr. Mueller

stated they had owned and operated more than 50 businesses and had brought in a team that understood Nevada. They targeted Amargosa because of the convenience, but they were also submitting an application in Clark County for a dispensary and a grow facility.

Commissioner Carbone

said they needed to find out from the volunteer fire department what their response time would be and what they would need for water out there in case of fire. He asked if they planned on selling exclusively to their dispensary in Las Vegas.

Mr. Balaouras

said the biggest problem in this industry was always supply and they would grow as much as they could as fast as they could with the best yield.

Commissioner Carbone

inquired about the benefits package for employees. Mr. Mueller said they would have between 50 and 75 employees with a 7% match on the 401k plan, traditional health benefits, and performance bonuses.

Commissioner Schinhofen

asked about the strains they would produce. Mr. Balaouras said they would focus on the ones the market pushed the hardest.

Commissioner Carbone

noted the fluctuation in the price per pound in the proposals and wondered why this one was so high. Mr. Mueller explained it was market based and they looked at Arizona, New Mexico and California. July 16, 2014 5a. Special Use Permit Application No. SU-14-0003-Cont’d. 5b. Special Use Permit Application No. SU-14-0004-Cont’d.

Commissioner Carbone

was worried about what the end user would have to pay and asked what kind of a plan they had for their dispensary in Las Vegas for older people, low income, veterans, etc. Mr. Mueller advised they had secured a building down there of 18,000 square feet with a 5,000 foot dispensary location with an educational hallway, a 48-seat classroom looking into the production and cultivation facilities, and a class schedule.

Commissioner Schinhofen

asked about the type of transport trucks they would use. Mr. Mueller said right now there was no limitation on the amount of product that could be shipped from one location to another and if it remained that way their plan was to use an armored car service to transport the product. They may also have armed guards. Regarding the mix of part-time to full-time employees, Pam Webster asked if they anticipated providing employees from a placement standpoint and if they planned on giving part-time employees benefits as well. Mt. Mueller said they would set up a hiring program with a veterans first program. Due to the location they did not have a choice but to have full-time staff because of the commute. In his other businesses they did not provide full benefits for part-time employees as far as the 401 k, but they did provide health benefits.

Mr. Lacy

pointed out that for areas outside of Pahrump there was no zoning, so the staff reports mentioned the types of area plan designations. This one here met all the setback requirements and the master plan.

Commissioner Wichman

said there was also a requirement for roads under Code 12.12, which went through the Public Works Department and involved an agreement that needed to be signed for the commercial use of County roads.

6. 9:00 a.m. For Possible Action Special Use Permit Application No. SU-14-

Mr. Lacy

noted this was probably the most remote rural application received for a cultivation facility, but from a security perspective a lot of these were quite far from the existing Sheriff’s program. He thought there needed to be a condition in the SUPs regarding a security plan with the Sheriffs Office based on the different locations.

Commissioner Carbone

commented their funding was limited and he was not sure if they had funding or if it was just limited. He was also curious about the weather issues in the area, how low the price per ounce for wholesale was, and the lack of a benefits package.

Commissioner Schinhofen

said he was excited to see one out there and wished the applicant was present.

7. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Mr. Stanley

was one of the five brothers who developed the cannabis strain named Charlotte’s Web. They had committed to not make a profit off of Charlotte’s Web produced in Nevada and would use this facility predominantly for that. All products would be in tincture form and measured in known milligram amounts so people using the facility could dose by specific milligrams. The childproof containers they would use were displayed.

Commissioner Schinhofen

asked if anybody else had the right to Charlotte’s Web in Nevada. Mr. Stanley said no. They had licensed it along with some of their other strains exclusively to CW Nevada.

Commissioner Schinhofen

expressed concern with the appearance of the building since it had to look like a professional building. Mr. Home said there were plans at the State level in the application to present a greenhouse façade which would meet the professionalism required in the statute. They also had an alternative to put up a metal structure if the State was not comfortable with the greenhouse component of it.

Mr. Lacy

asked how much cheaper they thought they could grow in Nevada. Mr. Stanley believed the cost could be lowered to the patient in the future utilizing cultivation sites that were friendlier like Nevada through the winter. Their non-profit model on the pricing front was about six times lower than the next available CBD product that he knew of.

Commissioner Schinhofen

reminded them of Nye County Code 12.12 regarding roads.

Commissioner Carbone

understood they would use some state of the art equipment to do the tracking but did not hear how the transportation would be done.

Mr. Cook

advised they intended to use the benefit of video surveillance systems when the product left the facility. It would be weighed at that point on video and then July 16, 2014 7a. Special Use Permit Application No. SU-14-0006-Cont’d. 7b. Special Use Permit Application No. SU-14-0007-Cont’d manifested to the facility it was transported to. It would be put in safes within security vehicles out of public view in limited quantities. There would also be video on board the vehicles and radio control 24/7 between the cultivation facility and the transportation vehicle. When the product was taken to the cultivation facility for delivery it would then be re-weighed on video and any discrepancies dealt with.

Commissioner Carbone

inquired about employee benefits. The owner from the audience said there would be full employee benefits.

Commissioner Carbone

said the packet did not include a complete reconstruction of the building, but it needed to look professional for the SUP regardless of what the State said. He added there was also a need to not pollute the skies with a lot of light.

8. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Ms. Solas

advised she had run a non-profit for medical cannabis in the state for about five years and had connections with over 500 patients in Nevada. They would tailor their strains to patient needs. They planned to sell to a dispensary that they were applying for in Las Vegas and any excess would be sold to any other dispensaries she had connections with. Ms. Solas had also signed a neutrality agreement with the United Feed and Commercial Workers Union Cannabis Rising Division and planned to have union training and union benefits for the employees should they decide to join. They would also offer classes in Pahrump to card holders so they could be educated. She said her non-profit paid for people to have their cards in Nevada and offset either 100% or a lot of the cost for those cards. They planned to move that also with the patients meetings to Pahrump so the people who could not afford their card could take advantage of that program.

Mr. Matzola

advised they would use a very unique inventory control which would be able to track every operation from seed to flowering as well as control what was put in the water. It would also track every facet of the transportation and provide check and balance all the time during the entire operation.

Mr. Mestifo

added there would also be a special locking and key tracking system for parts of the building like the vault and high valued rooms.

Commissioner Carbone

noted the water tanks on site were old and the cost of replacement may need to be looked at. He asked about the ventilation equipment. Mr. Mestifo stated they had a construction bid for air conditioning units and carbon exhaust units so there would be no impact to the environment. They would filter and reuse the water twice and then clean it of any chemicals used. Waste material would also be placed in bio-bags and disposed of accordingly. Pete Gnecco, the operating engineer, explained they had a triple filtering system running from the well to an RO system and then out from there. Provided there were no heavy contaminants they would be able to recycle the water indefinitely until none was left. There was a complete fire suppression system in the building which would be re certified when the plant opened. He advised the last time the water tanks were inspected they were fine and there was also a 35,000 gallon stainless steel tank that could be hooked to for fire if needed. Since this was light industrial zoning surrounded by residential, Mr. Lacy asked how many trips a day were expected. Mr. Mestifo said only one truck would go out a day to service everyone they sold to due to the price of gas and transportation. July 16, 2014 8a. Special Use Permit Application No. SU-14-0008-Cont’d.

Commissioner Schinhofen

advised they needed to be aware of light pollution at night and Nye County Code 12.12 as there may be some road issues on Bailey Court.

Commissioner Wichman

elaborated that Title 12.12 just asked for a maintenance agreement to be done with the Director of Public Works on what impacts would be made to the roads.

Mr. Mestifo

stated all lights outside would be facing down with covers on them, but they did not want that much light at night as sensor lights would come on when someone tried to climb over the fence. 8b. Waiver Application No. WV-14-0007: Public Hearing, discussion, and deliberation on a request for a Waiver from the residential separation distance requirement, for a medical marijuana establishment (cultivation) in a Light Industrial (LI) zoning district, on 3.78 acres located at 5101 5. Oakridge Avenue, Pahrump, Assessor Parcel #44-521-41. Oakridge Enterprises LLC Property — Owner. Green Cross of America Applicant; This item was removed from the agenda.

9. 9:00 a.m. For Possible Action Special Use Permit Application No. SU-14-

Commissioner Cox

asked if they intended to dress up the building or leave it as it was.

Mr. Floyd

said they would dress it up but would not change the siding type or anything like that.

Commissioner Carbone

asked about the retirement program for employees. Mr. Floyd stated they would have the same type of thing everyone else would have. July 16, 2014 9. 9:00 a.m. For Possible Action — — Special Use Permit Application No. SU-14- 0009-Cont’d.

Commissioner Carbone

asked if they had talked with Utilities, Inc. Mr. Floyd advised the ten acre feet of water at the site was plenty for what they were going to do, but they had talked with them.

Commissioner Carbone

expressed concern with the security being done in-house with no third party. He thought it would be nice to have a third party to tie into the Sheriffs Office to provide instantaneous information for response if needed. He was also concerned about the master grower and the amount of time involved. Commissioner Carbone asked if they had talked to the Goodwill Store that would go in next door as people had called him with their concerns about that.

Mr. Floyd

said he had and that basically their concern was if it would affect their traffic counts during the day. They came to an agreement that if it did then there would have to be an arrangement made to offset that cost.

10. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Commissioner Cox

asked if they were required to do any off-site or on-site improvements. Mr. Rebholz stated yes and they planned to invest $1.9 million in the site with $1 .4 million of that for structures, equipment, tanks, back-up power, cameras and other security-related systems.

Commissioner Carbone

noted they were on a commercial well and asked how many acre feet of water they had. Ms. Nevedal believed it was twelve. They had about 30-40 gallons per minute and anticipated puffing some holding tanks in.

Commissioner Carbone

asked if the tenants in the other buildings had any issues. Mr. Rebholz said no.

Commissioner Schinhofen

asked how many employees they would have. Mr. Rebholz said they expected no less than 15 full-time employees.

11. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Commissioner Carbone

asked if their whole operation would be non-profit. Ms. Owens said just a piece would be. The net sales would fund the Maverick Funding Foundation to help the community services.

Commissioner Carbone

asked if there was enough in the budget to do the remodeling.

Ms. Owens

said yes, and Ms. Jensen added she owned the business free and clear.

Commissioner Carbone

asked about full-time or part-time employees and the benefits packages. Ms. Owens said there would only be full-time employees if possible with full benefits, including medical, dental, a 401 k with matching on the manager side, and incentives for other employees. July 16, 2014 ha. Special Use Permit Application No. SU-14-0012-Cont’d. Jib. Special Use Permit Application No. SU-14-0013-Cont’d. lic. Special Use Permit Application No. SU-14-0014-Cont’d.

Commissioner Carbone

asked if they would accept other people’s products at their dispensary and what their process was for delivery to other areas. Ms. Owens said they would accept other products and deliver to all areas of the County.

Commissioner Schinhofen

asked if the State did not give them the dispensary if they would scrap the other facilities. Ms. Owens stated they would go forward with the other two applications.

Mr. Lacy

asked if they had any other applications for establishments in other jurisdictions. Ms. Owens said they did not, but were looking at some other areas.

12. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Commissioner Cox

asked if the improvements would include sidewalks and streetlights.

Mr. Grossbeck

said what they submitted would be built out with no waivers.

Commissioner Carbone

asked if they would tap into any of the utilities. Mr. Grossbeck said they would tie in to the UPCN line.

Commissioner Carbone

asked if they were planning something in Las Vegas. Mr. Grossbeck advised they were awarded two certificates in Clark County but would give those up if they were able to operate this facility in Nye County.

Commissioner Carbone

asked about the types of strains they would grow. Mr. Spady said there would be a wide variety of strains cultivated with most of them coming from the local medical cannabis community that already existed in Nevada. Darrell Lacy asked how much the investment would be for this facility. Mr. Grossbeck said cash on hand was $3 million. Creekside Investments would build the facility and they would enter into a 20-year lease with them with options.

Commissioner Schinhofen

said he had concerns with the intersection at Mesquite. He asked if they did not get the dispensary if that would kill the other parts. Mr. Grossbeck said it would not kill it, but their model worked best with this integrated plan. The Board was in recess until 1:00 p.m. July 16, 2014

13. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Commissioner Schinhofen

asked how much water was currently being used and how much was needed. The greenhouse owner said it was operating on eight acre feet a year. Mr. Shelton advised they currently had 15 acre feet. Mr. Salazar said they would probably need the eight acre feet.

Commissioner Carbone

asked if they planned to erect anything around this building to make it look professional and eliminate light from it. Mr. Shelton said their current plan was to put in place 1,000 linear feet of block between six and eight feet depending on what the local building department would accommodate. In addition, for security purposes they wanted to do the razor wire. As far as the building itself, Mr. Shelton said they were planning on using a vinyl wrap so it would not be seen from an aerial but it would allow the UV sunlight rays. Mr. Shelton said they would accommodate whatever was necessary and assured Commissioner Carbone they would only run lights in the early morning hours so as not to disturb the dark skies.

Commissioner Carbone

noted the benefits package they would provide for their employees and asked how many they would have. Mr. Shelton said they anticipated 45 employees when at full capacity and they had another 30,000 square foot greenhouse sitting there that they would also like to put up if the market demanded it.

Mr. Salazar

added they had 90 employees in Colorado with full benefits packages for full-time staff.

14. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Commissioner Carbone

asked what kind of traffic Mr. Alaee believed would be in that area in relation to customers of the dispensary. Mr. Alaee said they were estimating over 100,000. On average it was 6,000-7,000, but the test he and his wife ran showed 5,000-6,000. Mr. Alaee noted the military facilities in the surrounding 100-mile area and the soldiers who would have a need for medical marijuana.

Commissioner Carbone

asked if they did not get approved for a dispensary if they were willing to do cultivation. Mr. Alaee said yes as well as production.

Mr. Lacy

asked if they had any other applications in the State of Nevada. Mr. Alaee said they did not. July 16, 2014

15. 9:00 a.m. For Possible Action Special Use Permit Application No. SU-14-

Ms. Sullivan

owned over 80 acre feet of water to the facility and as the water was pumped out of the ground there would be a reverse osmosis system to recycle it back through the facility until depleted. Regarding the transportation plan, there were two entrances to the site through gated entry and it was completely surrounded by security fencing. Once on the site there was only access to the office and security building. To get to the cultivation facility passage through another gated fence which was under surveillance was required. This building was in a farming community so in order to keep the same appearance the front 200 feet of the site would be landscaped with palm trees and other nursery type plants with some along the sides as well. The buildings themselves would be built with a new product called “gigacrete” which would keep odors inside the buildings. There would be no signs on the facility to indicate what was inside as they were only doing cultivation. Regarding crime, Mr. Hahn said there was no severe crime in Amargosa Valley and with the significant security at the site they did not anticipate any increase in crime.

Commissioner Carbone

expressed his prior concerns with dark skies and questioned the septic system. Mr. Hahn said the site was undeveloped and everything would have to be constructed. The site plan showed where they planned to build a water well and tanks for storage for water and septic. The water tanks were for the whole site and would provide for fire protection. July 16, 2014 15. 9:00 a.m. — For Possible Action — Special Use Permit Application No. SU-14- 0023-Cont’d.

Commissioner Carbone

asked for more information on their security and transportation process. Mr. Hahn said they were negotiating with a third party who would provide the security personnel on-site and the armed transportation personnel from the site to its destination.

Commissioner Carbone

said he noticed a cost for water rights in their packet. Mr. Hahn said those were an asset to Ms. Sullivan and it would be a transfer from one area of her land to this particular lot.

Commissioner Schinhofen

was concerned about their financial ability. Mr. Hahn stated

Ms. Sullivan

owned several companies and she could liquidate assets through them which would provide $1 .6 million to put into this business.

Mrs. Harris

pointed out the special condition of approval on the staff report that any new construction would need to be in accordance with the County’s flood code. Mr. Hahn said they were aware of that. Darrell Lacy noted the other applicant from Amargosa Valley said they had town board support and asked if this applicant had been to the town board. Mr. Hahn said they had not.

Commissioner Carbone

commented on the condition of Farm Road and that the County may ask for help in getting that road fixed.

16. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Mr. Lacy

said these were three applications with two sites. The dispensary would be on one site and the other facilities would on the other. Cheryl Beeman from Planning said the dispensary site would be at 301 South Oxbow. There were no special conditions of approval and the findings were outlined in the staff report. It was in a general commercial area and a utility service district, and the property was already developed with a commercial building. Pej Bady, Shane Terry, Chris Crane, and Ryan Windmill were present for the applicant. Nuveda’s vision was to transcend industry barriers and legacy operations. They had looked at proven protocol from parallel industries and taken a pharmaceutical approach to cultivation. They would create over 75 jobs for Nye County and hoped to inspire leadership and social responsibility. Their consideration for environmental sustainability was reflected by their initiatives with the Green Business Network and a pursuit of certification by the lead certifying U.S. Green Building Council. They would have an energy efficient hybrid glass roof and would use zero waste cultivation techniques with bio-mass reclamation. Mr. Terry discussed their cultivation and production operations and said NuVeda wanted to emerge as a leader in the cannabis industry and hoped to reestablish industry standards.

Mr. Crane

from 4Front Advisors said they had assisted with establishing dispensaries in various counties. The operating model included development of floor plans for patient flow, product flow, inventory and storage. Mr. Crane stressed their role was to guide their clients and they had no ownership interest in the business. All final decisions would be made by the Nevada owners and all employees would be Nevada residents.

Mr. Windmill

, the security lead and a partner in NuVeda, provided his past experience in security as well as that of James Davis. He said their executive security program was a phased approach of community interaction and dialogue, risk assessments, security operations plan development, and security system installation and integration.

Commissioner Cox

asked if they would deliver to patients. Mr. Windmill said they would deliver to all patients. They would work in close consultation with the Sheriff’s Department and any cash or inventory product would go in an armored car service.

Commissioner Schinhofen

asked if they would have an approved security plan from the Sheriff’s Office before any licenses were given out. Mr. Lacy said that would be one of the conditions staff would recommend. July 16, 2014 16a. Special Use Permit Application No. SU-14-0024-Cont’d. I 6b. Special Use Permit Application No. SU-14-0025-Cont’d. 16c. Special Use Permit Application No. SU-14-0026-Cont’d.

Commissioner Carbone

asked if they had the funds for the vacant property. Mr. Crane said yes as they currently had about $11 million funded for the project.

Commissioner Carbone

asked about the programs for low-income patients and veterans. Mr. Crane said they had compassion programs for veterans, terminally ill patients and low income. They would take them on a case by case basis and once someone qualified they would get discounted medicine for 90 days.

Commissioner Schinhofen

asked how they would keep it dark with a glass roof. The master grower explained how the glass windows would be covered during the times when extra darkness was needed.

Mr. Lacy

asked if they had any other applications for facilities in other parts of the State.

Dr. Bady

stated not yet, but they were considering it.

Commissioner Schinhofen

asked if they would still do the cultivation if they did not get the dispensary. Dr. Bady said yes.

17. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Commissioner Schinhofen

questioned the use of unarmed guards. Mr. Pingree noted the possession, transportation and sale of marijuana was still against federal law. The Department of Justice in August, 2013, issued the “Cole Memo” which basically said that they would not enforce the federal law against marijuana if the states followed eight criteria. The fifth one was that there be no weapons in, about, among, or used in the possession, sale or transportation of marijuana, so it was his advice to his business that they be unarmed.

Commissioner Carbone

asked if there was septic on the property. Mr. Pingree advised that would have to be installed and they had plans to do that.

Commissioner Carbone

asked if he had anything in Las Vegas or Clark County. Mr. Pingree said this was their only application.

Commissioner Carbone

asked about the production process. Mr. Pingree said it was a closed loop butane process that recycled the gases. None of the gas escaped and it did not penetrate the edible products or the oils of the tinctures. July 16, 2014 17a. Special Use Permit Application No. SU-14-0027-Cont’d. 17b. Special Use Permit Application No. SU-14-0028-Cont’d.

Commissioner Schinhofen

pointed out their finances showed they only had half of what they needed. Mr. Pingree agreed, but explained they had the pledge of Farm Road with the property that they could avail themselves of if necessary.

Commissioner Carbone

asked how they would do their transportation. Mr. Pingree said the plan was to use nondescript armored vehicles with a third party courier service. They had an inventory tracking system where everything was tracked, labeled, and identified. There was a manifest created and the driver verified that. Everything was put into a locked box for delivery to the dispensaries. Mr. Pingree said they wanted to work with the dispensaries to coordinate with their security systems

Commissioner Carbone

asked what types of strains they would grow. Mr. Pingree stated they had several proprietary strains they would obtain from Nye County medical marijuana patients.

18. 9:00 a.m. For Possible Action Special Use Permit Application No. SU-1 4-

Commissioner Carbone

asked about the number of employees. Mr. Fiorentino said they planned on 13 at full operation. He expected some part-time mix but did not know exactly what that would be. They also intended to provide a benefit package to the employees.

Mr. Lacy

asked what other facilities they had or planned to have under application in the State. Mr. Fiorentino said they had three applications, one for each type of facility in Clark County.

19. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation

Ms. Tiffany

advised that Tom Saitta and Don Trudeau had purchased the building, so she would not be leasing it as indicated in her application. The dispensary would be 1,400 square feet and the cultivation facility would be 3,800 square feet, which would produce more than they could use in their own dispensary. They would wholesale the July 16, 2014 19a. Special Use Permit Application No. SU-14-0030-Cont’d. 19b. Special Use Permit Application No. SU-14-0031-Cont’d. rest and that would decline as their patient base grew. They also now had the ability to expand, which should start in 2017.

Mr. Saitta

explained the benefits of having proven local business people involved who had been doing business in Pahrump, had hired local residents, and had contributed sales tax to Nye County. He noted a lot of the other applicants did not live in Nye County and would not reinvest their profits back into the community. He stressed they would be a productive business that would give back to the community.

Mr. Goldston

, owner of Options Medical Center in Colorado, had five years experience growing and selling medical marijuana and developing patient programs. He brought to the group his non-hypothetical experience complying with strict state regulatory programs, including true seed to sale tracking. He had been able to scale his business from small to big, and currently they employed 45 full-time employees with over 60,000 square feet of grow space and 800,000 flowering watts of capacity. They served over 12,000 people each month. He was one of the few operators in the state to offer a cancer program to purchase cannabis for patients who were in active chemotherapy. They further gave back to the community by providing discounts to anyone over 55 and veterans. They were involved in Toys for Tots, food drives and the Wildlife Conservation Fund, and regularly contributed to local police and fire charity associations.

Ms. Tiffany

added that they would hire people living in the community and train them by having Mr. Goldston’s Colorado staff come here. Regarding their expansion plans, Commissioner Carbone asked if there were more cultivation facilities in Nye County why they would expand if they had the dispensary and could dispense from other facilities. Ms. Tiffany explained their cultivation was connected to their dispensary and they would grow as their dispensary grew. They would do wholesale at the beginning because of the surplus of product, but as the business grew they would want to expand the cultivation.

Commissioner Carbone

asked about the special strains. Ms. Tiffany said Mr. Goldston’s team would provide that specialty.

Commissioner Carbone

asked how they determined the cost per pound. Mr. Goldston explained it varied widely depending on the production facility and yield.

Commissioner Carbone

asked if they had any other applications in Nevada. Ms. Tiffany said no. July 16, 2014 19a. Special Use Permit Application No. SU-14-0030-Cont’d. 19b. Special Use Permit Application No. SU-14-0031-Cont’d.

Commissioner Schinhofen

asked if they would extract. Ms. Tiffany said they hoped to buy from producers in Nevada.

20. 9:00 a.m. For Possible Action Special Use Permit Application No. SU-14-

Mr. Wells

was dedicated to bringing 100% organic strains to Nye County and other Nevada patients. It was expected the operation would create ten local jobs with seasonal jobs during harvest of up to 20 additional employees with traditional benefits packages. All materials needed for start-up operations would be purchased in Nye County. They had not filed applications anywhere else in the State.

Commissioner Cox

asked how they would transport their product and deliver it to customers. Mr. McNerny said they were cultivation only and it would be done conducive to the requirements of the State and whatever else the relationships with the other facilities dictated. Comm issioner Cox asked about the packaging. Mr. McNerny said that would depend on what the end product user wanted, but it would all be bulk packaged, odorless, and child safe.

Commissioner Carbone

said he did not see the construction cost in the financial plan.

Mr. McNerny

said they were working on the budget, but they anticipated the construction cost to be between $400,000.00 and $500,000.00. Both Commissioners Schinhofen and Carbone were concerned with the financial plan.

Commissioner Schinhofen

asked if there were any other applications. Mr. McNerny said no. Their full intent was for cultivation in Nye County and Pahrump. 3. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation - - on the following Special Use Permit Applications and Related Waiver Applications for proposed medical marijuana establishments located in Nye Cou nty-Cont’d.

Commissioner Schinhofen

opened the public hearing. Shirley Barlow voiced her support for Dr. Bady. Terry Espland did not think any of the facilities should be allowed to encroach upon residential areas. Butch Harper was concerned about security. Danny Von Weller felt people were against marijuana because they did not know much about it. He had used medical marijuana for a long time and it just made the pain tolerable. He begged the Commissioners to know what they were really voting for and understand that the people who needed it really did need it. July 16, 2014 3. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation - - on the following Special Use Permit Applications and Related Waiver Applications for proposed medical marijuana establishments located in Nye County-Cont’d. Kathy Welsh stated her support of the Maverick Funding Foundation and the Weilness Center. John Bosta said of the three applicants in Amargosa Valley only two came before the Amargosa Town Board and presented their projects. Suzie Sells, a home healthcare nurse, vouched for the integrity of the Nye County Wellness Center and the Maverick Foundation. She felt they had an excellent plan on how to meet the needs of Nye County and their location was excellent. Barbara Elliott also voiced her support for the Nye County Wellness Center and its location. Jason Earnest, a local attorney, endorsed the Nye County Wellness Center and Jan Jensen. Eric Webb was concerned about a monopoly on the business and big corporations coming in to run it. He supported Green Life Productions and felt the local people who had applied should be supported. George Mapes was upset about Green Cross America growing immediately next door to his lots. He said if the Commissioners approved it the facility would be 100% encompassed by residents. He did support the growing and dispensing of medical marijuana in Pahrump. Jean Mapes outlined the water issues in the area and the concerns with how the Green Cross America facility would affect that. Chad Howell advocated for the Nye County Wellness Center in conjunction with the Maverick Funding Foundation. Tom Lepianka expressed concern with the road traffic in the area of the Maverick project. He maintained the road himself now and would like to see the road repaired and maintained by the County. Joanne Cretney, a hospice nurse in Pahrump who had seen a lot of clients and patients who have benefitted from medical marijuana, supported Dr. Bady and NuVeda. Michael Burkintas did not understand why the State was only allowing one dispensary in Nye County when it was the third largest county in the entire nation. He supported the July 16, 2014 3. 9:00 a.m. For Possible Action Public Hearing, discussion, and - - deliberation on the following Special Use Permit Applications and Related Waiver Applications for proposed medical mariluana establishments located in Nye Countv-Cont’d. Maverick Group because they were willing to support the rural areas and would set up a charitable foundation. RoIf Koss thought this was the best thing to happen to Nye County next to solar and that instead of having just one company the County should give everybody the option. Kim Clendenen felt there needed to be a traffic signal at the cornet of Kittyh awk and Mesquite if a facility was allowed there. She was also concerned about the numbe r of power outages that occurred in the area and hoped the applicant had back-up generators for security. Carl Censke was involved in the development of the Margaret Street complex. He said it was hard to get businesses in the area for the longevity and saw this as potent ial for a long-term tenant. It was also a good area for it. Regarding the traffic issue at Highway 160 and Mesquite, Bob Grossbeck from MM Development stated they talked at lunch about that and would commit to pay for it, but they would need the County to drive it with the State as it was an NDOT right-o f-way.

Sheriff DeMeo

had concerns with the residential aspects of the applications, the wastewater issues, and light pollution. The Board was in recess until 4:50 p.m. to allow staff to tally the ranking sheets.

Mr. Lacy

advised that for every SUP to be granted staff recommended the follow ing three additional conditions: • A security and transportation plan approved by the Nye County Sheriff’s Office and Planning prior to granting of the license, which may include 24/7 security and Sheriffs Office access to live video feed and notification to the Sheriffs Office of all shipments; • All applicants would need to follow PRPD procedures and development standards, which requited site development plans with professional appearance requirements, a traffic impact analysis, building permits and certificates of occupancy; and • A water impact plan from the Nye County Water District to include low water use technology, water resource availability/locational supply and infrastructure availability, plus a discussion of quantity/quality and method of disposal for wastewater. July 16, 2014 3. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation - - on the following Special Use Permit Applications and Related Waiver Applications for proposed medical marijuana establishments located in Nye County-Cont’d.

Commissioner Wichman

made a motion that those three conditions be followed; seconded by Commissioner Carbone; 4 yeas.

Commissioner Carbone

made a motion to approve the following dispensaries in the ranking order shown: Ranking No. SUP No. Company Name I SUP-14-0015 MM Development Company 2 SUP-14-0029 TGIG 3 SUP-i 4-0024 NuVeda LLC 4 SUP-14-0030 OMC LLC 5 SUP-14-0012 Jan Jensen

Commissioner Wichman

seconded the motion; 4 yeas.

Commissioner Carbone

made a motion to deny SUP-14-0020, New Vegas LP; seconded by Commissioner Cox; 4 yeas. The Commissioners discussed whether to send one letter covering all the SUPs or send a letter for each one and how effective the rankings would be.

Commissioner Wichman

made a motion to write one letter of support listing the choices in order of how they ranked as to how they benefited Nye County; seconded by

Commissioner Carbone

; 4 yeas.

Commissioner Carbone

amended his motion on SUP-14-0015 to include the applicant would pay for the stop light at Highway 160 and Mesquite; Commissioner Wichman amended her second; 4 yeas.

Commissioner Carbone

made a motion to approve the following production facilities in the ranking order shown: Ranking No. SUP No. Company Name 1 SUP-14-0017 MM Development Company 2 SUP-14-0026 NuVeda LLC 3 SUP-14-0014 Jan Jensen 4 SUP-14-0004 Acres Cultivation 5 SUP-14-0011 Harborside 6 SUP-14-0007 CW Nevada July 16, 2014 3. 9:00 a.m. For Possible Action Public Hearing, discussion, and deliberation - - on the following Special Use Permit Applications and Related Waiver Applications for proposed medical mariluana establishments located in Nye Countv-Cont’d.

Commissioner Wichman

seconded the motion; 4 yeas.

Commissioner Carbone

made a motion to deny Nevada Natural Medicine SUP-14- 0019, New Vegas LP SUP-14-0022, and Symbiosis LLC SUP-14-0028; seconded by

Commissioner Cox

; 4 yeas.

Commissioner Carbone

made a motion to approve the following cultivation facilities in the ranking order shown: Ranking No. SUP No. Company Name 1 SUP-14-0017 MM Development Company 2 SUP-14-0025 Nye Natural Medical Solutions 3 SUP-14-0031 GWGA LLC 4 SUP-14-0013 Jan Jensen SUP-14-0002 ACC Industries 5 SUP-14-0010 Harborside 6 SUP-14-0003 Acres Cultivation 7 SUP-14-0009 Green Life Productions 8 SUP-14-0006 CW Nevada 9 SUP-14-0032 Weilness Orchards of Nevada 10 SUP-I 4-0018 Nevada Natural Medicines 11 SUP-14-0008 Green Cross of America 12 SUP-14-0027 Symbiosis SUP-14-0023 Nye Farm Tech

Commissioner Wichman

seconded the motion; 4 yeas.

Commissioner Carbone

made a motion to deny SUP-14-0001, Touch of Healing, SUP 14-0005, Ron Almadova, and SUP-14-0021, New Vegas LP; seconded by

Commissioner Cox

; 4 yeas.

Mr. Lacy

asked the Commissioners if they wanted to make recommendations on the cultivation facilities. Commissioner Wichman said just that this was what they supported and these were their rankings. July 16, 2014 Zc. Waiver Application No. WV-I 4-0003: Public Hearing, discussion, and deliberation on a request for a Waiver from the 10,000 square foot floor area limitation for commercial uses in the Business Opportunity Overlay Zone, for a medical marijuana establishment, on 13.58 acres located at 3171 E. Tillman Street, Pahrump, Assessor Parcel #45-441-15. Daniel Seid & S. Settlemyer Trust — Property Owner. CW Nevada, LLC Applicant;

Commissioner Wichman

made a motion to approve waiver application WV-14-0003 for Settlemyer TrusUCW Nevada LLC; seconded by Commissioner Carbone; 4 yeas. 13c. Waiver Application No. WV-14-0004: Public Hearing, discussion, and deliberation on a request for a Waiver from the 10,000 square foot floor area limitation for commercial uses in the Business Opportunity Overlay Zone, for a medical marijuana establishment, on 8.09 acres located at 9680 S. Oakridge Avenue, Pahrump, Assessor Parcel #44-851-30. K&K Properties Group LLC — Property Owner. Nevada Natural Medicines LLC Applicant. -Cont’d.

Commissioner Wichman

made a motion to approve waiver application WV-14-0004 for Nevada Natural Medicines LLC; seconded by Commissioner Carbone; 4 yeas.

21. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action

Commissioner Schinhofen

said a special use permit was needed from the County and without that Mr. Alaee would not be granted the County license if the State approved him.

22. ADJOURN

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of i4kRI19 ,2014 Chair’ Nyè Conty Clerk / Deputy