Public meetings / Board of County Commissioners

September 15, 2015

196 turns, 196 with a named speaker, under 7 agenda items. The words and the names are the county clerk's.

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16. Business Recognitions

Commissioner Schinhofen

explained this was something new on the agenda under the town board. He thought it would be a good idea to recognize the businesses in the community who donated their time and money to support events and causes. The Board presented a certificate of appreciation to Robert and Lisa Holloman, owners of Pahrump Party Supply. 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Highway Commissioners, Licensing and Liquor Board and as the Governing Body of Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan and Railroad Valley meeting for August 18, 2015. Sam Merlino advised the Board of the correction that was made to the caption for item 46 on pages 25-27.

Commissioner Carbone

asked about augmenting Mr. Alberti’s letters back into the minutes of August 18, 2015. September 15, 2015 4. For Possible Action Discussion and deliberation of Minutes of the Joint Nye County Board of Commissioners, Board of Highway Commiss ioners, Licensing and Liquor Board and as the Governing Body of Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan and Railroad Valley meeting for Aug ust 18, 2015.- Cont’d.

Mrs. Merlino

believed they were for the meetings of August 4, 2015, and August 24, 2015, and she would add them to the minutes.

Commissioner Schinhofen

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

Commissioner Borasky

said there would be a stand down on October 15, 2015, in front of Home Depot from 9:00 a.m. to 3:00 p.m. for the veterans.

Commissioner Cox

advised that on Saturday there would be a lunche on and buffet with beverages and wine tasting at the Sanders Family Winery put on by the Republican Central Committee. Tickets were $50.00 and the event started at 1:00 p.m. The Secretary of State and the State Comptroller would speak. 6. For Possible Action - Emergency Items This item was removed from the agenda. 7. Commissioners’IManager’s Comments (This item limited to anno uncements or topics/issues proposed for future workshopslagendas) Regarding the skate park, Commissioner Borasky wanted to know who made the commitment from Valley Electric.

Commissioner Schinhofen

said that issue should be referred to the Park and Recreation Board so they could see about funding and give a recommendation. As far as the RMP,

Commissioner Schinhofen

was sorry the trail Bob Adams talked about was not addressed and did not know if anything else could be added at this point. Regarding Carol Bird’s concerns with the seller’s permit, he remembered talking with her but said the Board was unable to do anything until January as it had to do with the Town of Pahrump. Now that they were the governing board they were lookin g at all of the town’s ordinances. Commissioner Schinhofen then asked if the NRS referre d to requited complete statements to be attached to the minutes or if they could be summarized. Sam Merlino advised her office would attach any requests to the minute s. September 15, 2015 7. Commissioners’IManager’s Comments (This item limited to announcemen ts or topicslissues proposed for future workshopslagendas)-Cont’d.

Commissioner Carbone

inquired if the Board would like to entertain again reducin g or removing the Pahrump Regional Planning District.

Commissioner Schinhofen

said he had been buried with e-mails saying the Board should support removing a particular property. It was looked at a couple of years ago to reduce the size and voted down by the Board. He said did not have any appetite for it.

Commissioner Ccx

supported removal of the Pahrump Regional Planning Distric t. As far as Andy Alberti’s comments about people in the jail, she received an e-mail from Dave Burochowitz stating he was putting it together. In addressing whatever needed to be addressed or directed in regards to the business license, Commissioner Cox noted she said a long time ago that should be changed to a business registration. She was only interested in knowing that someone had a business and its name, It was not the Board’s business to enforce State or federal laws upon people.

Commissioner Wichman

responded to Mr. Adams’ comments by stating she spent a year helping the Governor’s task force work on the transfer of lands from the federal government to State authority and one of the repeated questions was how the State would pay for firefighting. The chairman of the ALC told a group of people the other day that they were not going to fight fires. They were just going to put them out.

Commissioner Schinhofen

reminded everyone the town clean up was this weeke nd headed up by the Nuclear Waste and Environmental Advisory Board and the Pahrum p Fourwheelers. Everyone would meet at the Ruud Center at 8:30 am. TIMED ITEMS-Cont’d. 8. 10:00 Presentation by Nevada Department of Transportation regarding concerns with safety at ]ohnnie’s curve and the intersection of SR 160 ( US-95. Lori Campbell and Shawn Howerton were present from N DOT.

Commissioner Borasky

asked when they would start Highway 160 coming over the mountain.

Mr. Howerton

advised the bid opening would be in the first part of October, so approximately three months after that.

Commissioner Borasky

asked for a prediction on how much back-up it would cause.

Mr. Howerton

did not have specifics on that, but he knew they had limitations in their normal specifications that gave N DOT’s resident engineer the ability to suspend operations if the back-ups became inordinate. September 15, 2015 8. 10:00 Presentation by Nevada Department of Transpor tation regarding concerns with safety atJohnnie’s curve and the intersecti on of SR 160 (ã US-95.- Cont’d.

Ms. Campbell

said there were many requests to adjust issues at the Johnnie Curve and the intersection of SR-160 and US-95. The proposed strategies for the Johnnie Curve included extending the guardrail; installing a high friction surface treatment throughout the curve (the recommendation from the Federal Highway Admin istration); and installing a curve warning and guidance chevron system. Ms. Campbell explained the benefits of the high surface treatments included a decrease in fatalities and serio us injuries; minimal impacts on traffic and the environmen; and positive benefit-to-cost ratio. She noted some states had shown about a 50% reduction in crash es.

Commissioner Schinhofen

asked if the other states were dese condit rt ions. Ms. Campbell advised California had lots of them in the desert areas .

Commissioner Carbone

asked if it had been tested with heavy multiple wheel trucks.

Ms. Campbell

stated there was a section about trucks in the Federa l Highway Administration analysis. It took a smoother concrete type surface and gave trucks more friction. She added the biggest thing they had seen was it was helpful for areas where people were driving at a speed higher than they should be to negotiate the curve.

Ms. Campbell

then discussed the curb warning and guidance system , which consisted of LED lights on chevrons that went off in sequential order to pull the driver through the curve. This system would also provide lighting in the area.

Commissioner Schinhofen

asked if the County had filed anything with NDOT for right-of- way from the BLM to widen this area.

Ms. Campbell

said they had looked at that and decided in-house to see if these lower cost systems would work as that was a very expensive solution.

Commissioner Schinhofen

suggested checking with the DOE to see if they would help with the funding as they had trucks using the toad.

Commissioner Borasky

asked if they considered re-banking the road.

Ms. Campbell

advised that was part of the realigning situation they were looking at which took in a lot of drainage issues.

Commissioner Carbone

asked who would take responsibility for the signs with the lights on them once they were in.

Ms. Campbell

said their district maintenance forces would maintain them. September 15, 2015 8. 10:00 Presentation by Nevada Department of Transportation regarding concerns with safety at Johnnie’s curve and the intersection of SR 160 US-95.- Cont’d. Regarding SR-I 60 and US-95, Ms. Campbell said when they were in town looking at the other project she asked Mr. Howerton’s design squad to look at that intersection. They saw a lot of traffic and queuing so they were adding onto that project to go from the project that was in town all the way up to this location and widen US-95 to construct a right-turn lane and deceleration lane to meet the standards. They were also adding some pavement in the middle for bigger turning vehicle radiuses.

Mr. Howerton

stated it should be completely designed this winter. It would go out to bid over the winter and construction would start next summer.

Commissioner Cox

thought the chevron signs were a good plan, but she wanted NDOT to give the County a guarantee for life in writing that they would maintain those so things could not be changed midstream and no one had any money. She said she would like to see these be temporary measures and consideration still be given to doing something with that curve. She asked if NDOT had approached the DOE for any kind of funding and suggested that be looked at before the project was started. She also suggested having shoulders put in.

Ms. Campbell

explained the Federal Highway Administration encouraged them to do low-cost safety improvements to save lives as quickly as they could, and to prioritize and come up with the funding to do the bigger projects they were working on constantly throughout the State. She said NDOT had a very aggressive shoulder lining project they were doing right now and were identifying curves. They did not approach anyone else for funding, but she would take that information back with her. Assemblyman James Oscarson stated these projects had been moved up as they were not even on the drawing board. When they met with the deputy director and several others these were projects they felt were important to the County and were able to find funding for them. He noted there was a tremendous amount of money being spent in Nye County on roads. 9. 10:30 Presentation by Dean Mark Walker, University of Nevada/Reno Cooperative Extension Mark Walker, Dean and Director of the University of Nevada Cooperative Extension, said he would distribute the annual report which provided a clear picture of their funding. He said the funding from the counties provided 41 % of their total budget and Nye County’s portion of the contribution was about 33%. Regarding the directive given by the Commissioners at their August 18, 2015, meeting to look into the mailer of withdrawing funds from the Cooperative Extension, Mr. Walker said he understood the financial difficulties that Nye County faced, but he wanted to correct a statement made September 15, 2015 9. 10:30 Presentation by Dean Mark Walker, University of Nevada/Reno Cooperative Extension-Cont’d. at that time that volunteers could pick up the 4-H programs. That was not true and they would just lose their presence in Nye County.

Mr. Walker

then discussed the merger of the College of Agriculture and the Cooperative Extension. The representatives of the Nevada Association of Counties had raised concerns about why this merger was necessary and what it would do for Extension. Commissioners who were part of NACO had said this was a model that just did not work for them right now and they were looking for an improvement. From Mr. Walker’s perspective as the dean and director he thought there needed to be steady communication before it came to the point of cutting the programs altogether. He also thought this merger presented an opportunity to engage better with the counties than they had before and was a chance for them to do a lot of different things that were needed but were not easy to do. Regarding the Extension services in Tonopah, Mr. Walker knew that was an ongoing concern. Right now they had someone supported with County funding on a part-time basis in the Tonopah office and while he would not say they had funding to support a new person full-time in Tonopah, he would like to start a discussion about that rather than let it fester further. That discussion could be around what was wanted in Tonopah and what the demand was to make sure they committed the way they should. As far as communication, Mr. Walker knew the charge to staff was to cut looking forward, but his questions were was it a full measure of cuts, what time frame, and was it retroactive to the beginning of this fiscal year or next year. Talks would also have to be had about the continuation of work in Tonopah and the disposition of their resources, including bank accounts that held funding for 4-H.

Mr. Walker

described a model he developed of how the Extension could function in the State. He took it to a southwest regional group and talked about not only how to combine efforts to meet individual state needs, but also how to bring in specialists from other states to talk about climate change and extreme weather and what it meant. Mr. Walker said they applied for federal funding and were awaiting the decision, but it was their idea to make those people available to people in Nevada. Finally, Mr. Walker stated the Extension was about change and he thought one of the things that referred to was not just a change outside of Extension but Extension itself. The idea behind change was hopefully things were being done better on the other side of it and the needs of the people were met better. He hoped the partnership with Nye County stayed strong. Richard Cantino said he hoped the Board did not defund 4-H and the Cooperative Extension as it was important for the kids. September 15, 2015 10. 10:45 For Possible Action Presentation, discussion and deliberation — — regarding a letter of intent from Renown Health for an operating model at Nye Regional Medical Center, Larry Trilops, Senior Vice President and CEO of Network Development for Renown Health in Reno, Nevada, talked about signing a letter of intent with Nye County to start the dialogue to set a framework of what it would take to reconstitute healthcare services at the former Nye Regional Medical Center in Tonopah. He said reconstituting healthcare services meant how to use the technology that existed today in healthcare with telemedicine, primary care services, possibly urgent care services, and other services further down the road.

Mr. Trilops

advised Renown Health was Nevada’s only fully integrated non-profit health system based out of Reno, Nevada. Their plan for the future was to stay independent and drive healthcare decisions for their community and region through their own network and resources. He described Renown Health’s multiple operating entities and facilities which serviced 80,000 square miles. The benefits of teaming with Renown included their resources of a fully integrated health network, experience working in rural communities, and their commitment to improving the health of the communities they served.

Commissioner Carbone

recalled the past issues with the hospital, including problems with insurance companies and doctors not being in the network. He asked what Renown would bring that would change that perspective so people would start using it again.

Mr. Trilops

said an insurance solution was their Hometown Health program and they were open to other carriers. He said their role as a non-profit health system was to serve their community in the greater Rena/Sparks area and sometimes there were payer issues they had to eat. They would be faced with the same situation and would need as wide an open access net as they could have in Tonopah. There were more models beyond what he could talk about in a short time frame, but Mr. Trilops said if they could get the letter of intent executed that would be the discussion to set the pathway of what they wanted to become over time. As far as rebuilding faith, he said it was about patient experience and quality of providers and Renown could set the tone for what they expected in those areas.

Commissioner Carbone

indicated he would like to change the 120 days to something a little shorter, like 60 days, in case an agreement could not be reached so the County had a shorter window to go to something different.

Commissioner Schinhofen

understood the County was not committing to anything, just looking at the possibility of getting healthcare there. If the Commissioners voted to give Renown 60 days then they would come back with a plan that said they could provide that kind of healthcare. Mr. Trilops said that was the conversation they wanted to have. September 15, 2015 10. 10:45 For Possible Action Presentation, discussion and deliberation regarding a lefter of intent from Renown Health for an operating model at Nye Regional Medical Center,-Cont’d. Angela Bello advised she received the letter of intent on Friday and had numer ous legal issues with it. She materially revised it and exchanged it with Renown’s counsel last night. She wanted to make sure everyone was looking at the same letter of intent. It clarified that services meant remote medical services as well as potential discussions on an urgent care facility and the time was reduced to 60 days that the County would not take any offers or proposals on those two types of things.

Mr. Trilops

indicated primary care was also part of the discussion they wanted to have.

Ms. Bello

stated she did not know what primary care would include, but it was written as telemedicine and urgent care so if they wanted to expand that to something she could understand she would not have a problem changing it. She did not know if primar y care anticipated a hospital.

Mr. Trilops

explained primary care was traditionally defined as family practice, interna l medicine, pediatrics and potentially OB/GYN services. The Board took a brief recess to review the revised letter of intent.

Mr. Trilops

reiterated they would like to add primary care to the scope of services and they were looking to provide those services at the clinic and medical center. He clarifie d in the first paragraph where it said “coordination providing remote medical suppor t (telemedicine) and an urgent care facility” that it would be at the current Nye Region al Medical Center or the clinic campus located at the Nye Regional Medical Center.

Commissioner Schinhofen

made a motion to approve with the change that after (“Services”) strike the period and add “at the clinic and medical center;” seconded by

Commissioner Carbone

asked that the date be changed to today’s date.

Commissioner Schinhofen

amended his motion to change the date to reflect today’ s date; Commissioner Carbone amended his second.

Commissioner Schinhofen

said he appreciated the shorter letter. He thought 120 days seemed too long, as did 60 days, but he wanted something quickly on the table that they could provide for the residents up there.

Commissioner Schinhofen

made a motion to accept; seconded by Commissione r Cox; 5 yeas.

Commissioner Wichman

opened the public hearing.

Ms. McDonald

said they were not against the business, however, they believe d it to be a bad location and the residents had spoken in the petition. Nico Polena stated he was against the zoning. Tim Hafen spoke against changing the zoning because they had five or six production wells in that vicinity which would have more of a chance of contamination with this change. Bobby Hartman stated he lived in Artesia and had not found anyone in favor of this. He was against the zone change.

Commissioner Carbone

asked for more information on the effect of it being tied into Mr. Hafen’s system. Darrell Lacy, Planning Director, said the subject property was not in the ten year capture zone, but it was nearby. In the recommendations they looked at was a special conditi on of approval regarding any types of materials that had a potential for contamination had to be done in a secondary containment. It would be up for discussion if the Board required a monitoring well on site and appropriate types of mitigation for this type of activity. There were other general, commercial and CM types of activities on the same street and protection of the water could be done by putting appropriate conditi ons on the zone change. September 15, 2015 ha. For possible action ZC-2015-000008: Public hearing, discussion and deliberation on a request for a (Conforming) Zone Change from the Neighborhood Commercial (NC) Zoning District to the Commercial Manufacturing (CM) Zoning District-Cont’d.

Commissioner Schinhofen

said he understood the concern, but pointed out this was a conforming zone change. He thought most of the audience and the signatures on the petition just did not want to see medical marijuana there.

Mr. Lacy

added he had some realtors ask what would be required for a zone change there. He thought a zone change was needed as well as a discussion about appropriate special conditions.

Mr. Hafen

stated that may help, but in the report from Planning it mentioned adequacy of public facilities with no mention whatsoever of what those might be. Regardless of what it was hooked into, Mr. Hafen felt their water and sewer system was still in danger of being contaminated down flow from it from chemicals, insecticides, herbicides, or fertilizers. He noted they were in a very good quality of water area and they wanted to maintain that. Gregory Hafen stated under the commercial manufacture zoning there was a list of things that were permissive. That list according to the staff report was considered high level so that was where the concern came from with the utility companies. They did have a high quality of water in the area and could not see that water degraded or contaminated. While the staff report stated adequate facilities, there was no mitigation in place and no limit on what the property could be used for.

Commissioner Borasky

said he would support the conforming zone change, but the medical marijuana came next and he did not understand why it was not just taken as one. If it did not work then the property stayed as it was and the people would not have to worry about it.

Commissioner Wichman

stated they were following the law. She understood the comments, but she believed the conditions of approval for the zone change could have any conditions on it they wished.

Commissioner Schinhofen

said a special use permit could have a lot put on it, but this was a conforming zone change surrounded by commercial use.

Mr. Lacy

clarified it was not a conforming zone change to general commercial. That would require a master plan amendment, but it could go to commercial manufacturing without an amendment. Trish Rippie said she represented Bank of America, the owner of this property. They had spent $25,000.00 cleaning and doing the mitigation required to sell it. She understood the zone change would be for the specific use, but whether it was for September 15, 2015 11.a. For possible action ZC-2015-000008: Public hearing, discussion and deliberation on a request for a (Conforming) Zone Change from the Neighborhood Commercial (NC) Zoning District to the Commercial Manufacturing (CM) Zoning District-Cont’d. medical marijuana or not Bank of America would like the zone change to be able to sell the property. Tom Waters said he was opposed to the zone change. Nico Polena said he complained about the dust and spray from the prior business to the EPA in Pahrump and one month later they closed. He thought the County needed to clean it up as it was already a hazard. He did not mind having a clean business.

Commissioner Wichman

closed the public hearing.

Commissioner Schinhofen

did not think there was a change occurring as it was commercial before, it was commercial next door, across the street and behind it. He did not know of any neighborhood commercial business that would use that kind of facility.

Commissioner Borasky

made a motion to approve with a stipulation that if it was not used for the intended use under 11 .b. and 11 .c. then it reverted back until a plan of development came forward with it; seconded by Commissioner Carbone.

Commissioner Cox

was concerned about it becoming commercial manufacturing at this point and preferred that it stay neighborhood commercial to avoid bringing something in that was hazardous to the community later.

Mr. Lacy

pointed out medical marijuana was not allowed in neighborhood commercial zoning.

Commissioner Borasky

restated his motion to approve to CM zoning with a stipulation or a finding that if it was not used for the next two items (11 .b. and 11 .c.) that the zoning would revert back to what it was and it was a moot point after that; Commissioner Carbone restated his second.

Commissioner Borasky

suggested a time frame of one year or six months.

Commissioner Cox

asked if there was some way they could still have the business in that building under the commercial neighborhood with a variance or use permit so the Board could look at each and every person who came forward and wanted to have commercial manufacturing.

Mr. Lacy

reiterated that neighborhood commercial did not allow medical marijuana. It did allow things like retail and restaurants, but those were not true fits for the type of building there. He indicated there were ways to put other conditions on a zone change September 15, 2015 1f.a. For possible action ZC-2015-000008: Public hearing, discussion and deliberation on a request for a (Conforming) Zone Change from the Neighborhood Commercial (NC) Zoning District to the Commercial Manufacturing (CM) Zoning D istrict-Cont’d. that might protect the water and other types of neighborhood activities, such as monitoring wells and times of activities.

Commissioner Cox

said her thought was once it became commercial manufacturing then there was nothing the Board could do to stop everyone from having commercial manufacturing.

Commissioner Carbone

said if that business did not show up there in one year and nothing else showed up for one year then it reverted back to neighborhood commercial. If one did show up the Board could restrict what they could do. Angela Bello said it seemed the Commissioners were showing preference to a specific type of business and that could be an issue.

Commissioner Borasky

said he made a caveat, which was done all the time, If they were not supposed to do that then she would have to talk to the RPC because they did it all the time too.

Ms. Bello

stated she was just cautioning the Commissioners that she would have to look into it when they specifically say this type of business only or they were going to change it.

Commissioner Borasky

withdrew his motion.

Commissioner Schinhofen

made a motion to approve the conforming zone change to CM with the condition that if in a year 11 .b. and 11 .c. were not approved, which was this business doing this cultivation and extraction, it would revert to neighborhood commercial, Further, if any other businesses were to move in they would need to come back to the Board for approval for commercial manufacturing; seconded by

Commissioner Borasky

; 4 yeas. Commissioner Cox voted no. September 15, 2015 11.b. For Possible Action Special Use Permit Application SU-2015-000006: Public Hearing, discussion and deliberation on a request for a Change of Location for Special Use Permit No. SU-14-0018 to allow a medical marijuana establishment (cultivation) on 5.0 gross acres (4.29 net acres) located at 6041 S. Hafen Ranch Road, further described as a portion of Township 21 South, Range 54 East, Section 15, File #84221, Parcel 1. Scott Sibley Property Owner. Nevada Natural Medicines, LLC I Scott Sibley, Manager Applicant. AP# 045-1 31-48. 11.c. For Possible Action Special Use Permit Application SU-2015-000007: Public Hearing, discussion and deliberation on a request for a Change of Location for Special Use Permit No. SU-14-0019 to allow a medical mariiuana establishment (production) on 5.0 gross acres (4.29 net acres) located at 6041 S. Hafen Ranch Road, further described as a portion of Township 21 South, Range 54 East, Section 15, File #84221, Parcel 1. Scott Sibley— Property Owner. Nevada Natural Medicines, LLC I Scott Sibley, Manager Applicant. AP# 045-131-48.

Commissioner Wichman

opened the public hearing. Keith Walker explained this location was one-half mile from his house and one mile from Hafen Elementary School. He did not doubt the validity of medical marijuana for pain, but it was inarguable that marijuana had a negative influence on children and communities and had been shown to be a gateway drug that attracted youth; therefore, medical marijuana establishments should have no place anywhere near neighborhoods and schools. Mr. Walker requested the Board deny any applications that had the potential of such harmful effects on the children and neighborhood and require people to find places for these establishments far removed from neighborhoods and schools. Leontine Boseman said she lived in Artesia. She was a retired clinical psychologist and three-quarters of her patients for 14 years had some variation of substance abuse they had to deal with. It was a matter of contention whether marijuana was a gateway drug or not, but for her patients it was. With this proposal Ms. Boseman was very concerned about opening a Pandora’s Box and hoped the Board would seriously take into consideration that this was not what they wanted in a residential area. Elena Burtenshaw, also an Artesia resident, was concerned about the project’s impact on the water resources. She reviewed the health risks associated with the various chemicals used in the processing of marijuana and encouraged the Board to be sure the water quality supply issues were responsibly addressed before any final decisions were made to allow cultivation and processing to occur at this location. Virginia Hammond also lived in Artesia and said she was concerned about it being neat the school and a residential area. If the Commissioners looked at all the people who signed the petition they would see they did not want it there.

Commissioner Schinhofen

explained there were multiple hearings last year when the rules were written for this on how fat they should be from schools and churches. The September 15, 2015 11.b. For Possible Action Special Use Permit Application SU-2015-000006: Public Hearing, discussion and deliberation on a request for a Change of Location for Special Use Permit No. SU-14-0018-Cont’d. 11 .c. For Possible Action Special Use Permit Application SU-201 5-000007: Public Hearing, discussion and deliberation on a request for a Change of Location for Special Use Permit No. SU-14-0019-Cont’d. next step was the special use permit where conditions could be set like a monitoring well and no dumping on site. He said if anyone had gone by any that were operating now there was no smell, it was totally contained, and there were so many rules to keep them out of sight and out of mind that he did not know how it was offensive. Nico Polena said he did not want his children exposed to the smell and did not want it in his neighborhood. Bobby Hartman stated he had not talked to anyone who wanted a grow facility in this part of the valley. They thought it was the wrong location and should be in an area where there were other warehouses, not around a residential area.

Commissioner Wichman

closed the public hearing.

Commissioner Borasky

made a motion to deny based on the following findings: the testimony of the citizens at the RPC meeting Wednesday night; the testimony of the citizens here right now; this was a large residential area with considerable proposed growth, much of it approved and development agreements in place; and finding number 4 on page 11 of the RPC meeting regarding the comments made by Pahrump Utility about the affects it would have on the water.

Commissioner Schinhofen

noted this would create jobs and a lot of tax base. It was very hard for him to vote in favor of it because they all did not want it, but he did not see the negative impact of it for the whole community. Ryan Welch, the applicant, was present.

Commissioner Borasky

clarified he was referring to Mr. Hafen’s comments about sewer and water and the potential for contamination in the aquifer. Dave Richards with CivilWise Services, representing the applicant as agent, said he would like to address the concerns appropriately and asked permission to do a presentation. He noted the view of the project and facilities was going to be an extreme improvement on what it was right now and the activity behind the block walls would not be seen by the public at all. September 15, 2015 1f.b. For Possible Action Special Use Permit Application SU-2015-000006: Public Hearing, discussion and deliberation on a request for a Change of Location for Special Use Permit No. SU-14-0018-Cont’d. 1f.c. For Possible Action Special Use Permit Application SU-2015-000007: Public Hearing, discussion and deliberation on a request for a Change of Location for Special Use Permit No. SU-14-0019-Cont’d. Eleisa Khoury said he understood this was a contentious issue and quite a few people were not happy about it, but he thought there was some misinformation about the industry that a lot of people were just ignoring. First of all, they grew in pots, not in the ground, so that alleviated some of the issues. They also did not use chemicals as referred to earlier. He described their grow process using nutrients. As far as some of the residents being against medical marijuana because they were afraid the children would get their hands on it, Mr. Khoury said they were not proposing a dispensary. They were proposing a cultivation facility and the sale of the items would not be done in this County. He reviewed how the odors were taken care of by using a micro-cool fog system.

Commissioner Borasky

asked what happened with the other location they were approved for that was more remote and secluded. He also wanted to know where the product was going to go if they were not going to sell it.

Mr. Welch

explained the owner of that property received a higher offer from another medical marijuana establishment and chose to go with that, which left them with a special use permit with no location. They decided to move forward and that was how they found this location. He stated there would be no end usage sales at the location, but they were free to sell to State and County approved dispensaries who would then sell to the end user patient.

Commissioner Borasky

said he had visited a couple of them and was surprised at the weaknesses that existed. He was concerned about the future and said he could not support the operation.

Commissioner Ccx

asked how close it was to the nearest residence.

Mr. Lacy

indicated these were large lots and there was a residence to the south, although he was not sure of the exact distance.

Mr. Welch

said they spoke with the adjacent landowner who initially was opposed to this. After explaining all of it to him and showing renderings he agreed he would not be opposed to it anymore.

Mr. Lacy

added the nearest school was about a mile away. September 15, 2015 11.b. For Possible Action Special Use Permit Application SU-2015-000006: Public Hearing, discussion and deliberation on a request for a Change of Location for Special Use Permit No. SU-14-0018-Cont’d. 11.c. For Possible Action Special Use Permit Application SU-2015-000007: Public Hearing, discussion and deliberation on a request for a Change of Location for Special Use Permit No. SU-14-0019-Cont’d.

Commissioner Cox

said she was more opposed to changing the zoning than she was the business. Speaking about marijuana versus other medications, she noted this was for medical marijuana, not recreational use, and she supported it because there were over 100,000 people a year killed by legal medications. Commissioner Cox did not see any reason why they could not have this business.

Commissioner Cox

made a motion to approve 11 .b. and 11 .c.; seconded by

Commissioner Carbone

with the conditions that they had to tie into an existing utility and not use any of the units there other than a well for testing; make sure this building was secluded from any passers-by from all four corners, not just the front; and perform an education process for the people in the neighborhood so they understood what they were doing.

Commissioner Carbone

stated his concern was that they should have stayed at the original property to begin with. He asked if they were willing to put forth this expense and not come back; otherwise he would pull his second right now.

Mr. Welch

indicated they were.

Commissioner Borasky

asked if they had a buyer and contracts to sell the material they grew.

Mr. Welch

said they had no contracts yet, but it had to be a Nevada approved dispensary.

Mr. Richards

noted in the special conditions it mentioned that they would use public water utilities. His concern was that they would have to negotiate with the public utility, who could basically say no and they would be done. Mr. Richards said they would like some options.

Commissioner Carbone

stated there were no options at all and if it did not work he would withdraw his second.

Commissioner Schinhofen

pointed out they were bound by the PUC and had certain rules so they could come back to the Board if they had an issue.

Commissioner Cox

thought the concern was that there was a monopoly here and even if the Board approved it they could be denied or it could be so expensive that they could September 15, 2015 11.b. For Possible Action Special Use Permit Application SU-201 5-000006: Public Hearing, discussion and deliberation on a request for a Change of Location for Special Use Permit No. SU-14-0018-Cont’d. 11.c. For Possible Action Special Use Permit Application SU-2015-000007: Public Hearing, discussion and deliberation on a request for a Change of Location for Special Use Permit No. SU-140019-Cont’d. not do it. She felt if that were to happen there were other legal remedies they could take with that particular utility company.

Commissioner Carbone

assumed the Chair of the Board of Highway Commissioners. 14. For Possible Action General road report by Public Works Director

Commissioner Borasky

commented that he liked what was put in the crosswalk and asked to have one put in front of Saddle West across Highway 160. Dave Fanning, Public Works Director, said he had just mentioned that to NDOT.

Commissioner Cox

asked who was responsible for the lighting on Calvada Boulevard in the section between Highway 160 and the Eye because the lights were all out again.

Mr. Fanning

said B&G was.

Commissioner Cox

said there was a problem with the sprinkler system there too, and there was a lot of gravel on the corner of Calvada and Valentine.

Commissioner Carbone

noted the complaints on the tree trimmings and people saying they were not in the County easement. He asked if there was concrete proof that trees being trimmed were specifically in the County’s right-of-ways.

Mr. Fanning

said yes. He advised that with the situation on Oakland the guys were trying to stay within the road right-of-way, but went overboard in trimming the tree back.

Mr. Fanning

was hoping to get more answers when they both returned from vacation. September 15, 2015 14. For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Schinhofen

said his understanding was once something was reported to the County as a safety issue that if action was not taken on it the County was liable. He also understood the person wanting to be told about it, but in all actuality the thing had to be trimmed as it was blocking views.

Commissioner Carbone

stated Peter McDermott asked about the material testing because he wanted be there when it was done.

Mr. Fanning

said he planned to reach out to him by the end of this week. SITTING AS THE BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS

41. For Possible Action Discussion and deliberation regarding a request for

Commissioner Schinhofen

asked if NDOT did a lot of work out there. Dave Fanning said they did the shoulder betterment and even went on to some of the private property to lessen the degree of slope. His department was doing the active drainage with this program.

Commissioner Schinhofen

made a motion to approve as stated in the back-up; seconded by Commissioner Carbone; 5 yeas. FINANCE 39. For Possible Action Discussion and deliberation to: 1) Award Public Works Project # NY-201 5-1 65 Gabbs Sewer System Phase II to Peek Brothers Construction in the amount of $ 346,772.00; and 2) execute the contract.

Commissioner Carbone

made a motion to award the Public Works Project No. NY- 2015-1 65, Gabbs Sewer System Phase II, to Peek Brothers Construction and also execute the contract; seconded by Commissioner Borasky; 5 yeas. September 15, 2015 TIMED ITEMS-Cont’d. 12. 11:00 For Possible Action Public Hearing, discussion, and deliberation to: - — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2014-26: A Bill proposing to amend Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, Chapter 17.04.780 “Recreational Vehicle Parks”; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Wichman

opened and closed the public hearing.

Commissioner Carbone

made a motion to adopt Bill 2014-26 effective October 5, 2015; seconded by Commissioner Schinhofen.

Commissioner Schinhofen

clarified that this bill concerned RV parks and had nothing to do with people parking RV5 in their driveways.

Commissioner Borasky

pointed out the language stating park models shall not have permanently attached porches, cabanas or additions. He said some came with attached porches and wondered what would be done with that. Darrell Lacy said only if it was part of the manufactured home and approved by the manufacturer. An add-on could not be done.

Commissioner Wichman

asked if Mr. Marchand was aware Mr. Lacy was going to ask for additional time. Mr. Lacy did not know. Mike Cottingim stated the town opposed this. They were expanding it from 80 acres to 480 acres and based upon the report they submitted they would dump 125,000 tons a year into it, averaging 30 semi loads a day going primarily across Amargosa roads. Mt. Coffingim said they did not get any benefit from them, and he saw no positive benefit September 15, 2015 13. 11:00 For Possible Action — — Hazardous Waste Permit Application SW-2015- 000003-Cont’d. except the State collecting tipping fees. He felt if Amargosa needed to deal with the consequences they should get some of the fees also.

Commissioner Wichman

asked Mr. Lacy to call Mr. Marchand.

Commissioner Carbone

made a motion not to extend ourselves any longer on the League of Cities; seconded by Commissioner Schinhofen; 5 yeas. 18. For Possible Action Discussion and deliberation regarding a Memorandum of Understanding between the Town of Pahrump and Pahrump Valley Model Aviators for use of flying radio controlled airplanes at the Pahrump Valley Fairgrounds.

Commissioner Carbone

made a motion to approve the Memorandum of Understanding between the Town of Pahrump and Pahrump Valley Model Aviators (PMVA); seconded by Commissioner Schinhofen. Richard Cantino, a member of PVMA, thanked Commissioner Schinhofen for making this opportunity available to them, as well as Maft Luis.

Commissioner Carbone

made a motion to approve the Memorandum of Understanding between the town on behalf of Fire-Rescue Services and the Southern Detention Center; seconded by Commissioner Schinhofen. To be consistent with other MOUs, Pam Webster suggested it be between the Nevada Southern Detention Center and the Town of Pahrump on behalf of Pahrump Valley Fire- Rescue Services.

Commissioner Carbone

amended his motion; Commissioner Schinhofen amended his second; 5 yeas. 20. For Possible Action Discussion and deliberation regarding amendments to the Town of Pahrump’s Employee Personnel Manual and matters properly related thereto.

Commissioner Carbone

made a motion to approve the addition to the employee manual; seconded by Commissioner Schinhofen.

Commissioner Borasky

questioned the language about paying an employee in cash for compensatory time earned and not used. Pam Webster said it would be by check and the word cash could be taken out.

Commissioner Carbone

amended his motion to remove the word cash and say paid;

Commissioner Schinhofen

amended his second; 5 yeas. 21. For Possible Action Discussion and deliberation regarding approval to continue development of the Kellogg Park.

Commissioner Wichman

noted it said “under guidance of the Southern Nye County University of Nevada Cooperative Extension” and she did not think they would be happy about that since their funding was being cut off. Pam Webster stated indications were that would not be for a while because the tax had already been levied and the County was locked into it once it was put on the tax roll for that current fiscal year.

Commissioner Schinhofen

advised the Park and Recreation Board worked on this for a long time. There were funds that were identified in the park and recreation and room rate fund. They were looking for $1 million dollars to move forward with the first phase of this project. September 15, 2015 21. For Possible Action Discussion and deliberation regarding approval to continue development of the Kellogg Park.-Cont’d.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Carbone

asked what the time period was that this would be done in. Mail Luis stated it should be done by this fiscal year.

Commissioner Borasky

asked Mr. Luis if he would have to come back to get the different line items approved.

Mrs. Webster

said Mr. Luis was here to request the budget for this project. The distribution of the funds may be slightly different, but this was his estimated cost of the project for the fiscal year.

Commissioner Cox

questioned why the dog park cost so much money.

Mr. Luis

explained there were two different types of surfaces in the dog park, and it also included benches and shade covers. He said it added up quickly when starting with raw ground. An engineering firm had put these numbers together based on the cost to build in Las Vegas so that was the number Mr. Luis said they put on it.

Commissioner Cox

said she did not have a problem with the project, but thought $200,000.00 for restrooms was kind of high. She asked how many restrooms there would be.

Mr. Luis

advised there would be three in the complete project, but this first phase was one restroom, one parking lot, the dog park and the walking trail. The one restroom was a cement-type unit and included a commercial septic tank for $30,000.00.

Mrs. Webster

said the Board would be updated as they moved through the project and completed tasks.

Commissioner Carbone

made a motion to approve reducing the surcharge; seconded by Commissioner Schinhofen; 5 yeas. September 15, 2015 SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 23. For Possible Action — Approval of Elected Official Collection Report

Commissioner Borasky