May 3, 2016

Commissioner Cox

was present. Rick Trenner had questions about the fireworks display last Saturday. He wondered if the permit issued allowed them to continue until 11:00 p.m. If not, then he would like to know who authorized it. If it was not authorized, Mr. Trenner wanted to know why the Sheriff’s Office did nothing. May 3, 2016 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).-Cont’d. Pam Webster explained that was a night demonstration approved as part of the usage agreement. She believed the limit was 10:00 p.m. and would follow up.

Commissioner Wichman

said her statement in the second paragraph from the bottom on page 20 did not make any sense and asked the Clerk to listen to it again. Also,

Commissioner Wichman

clarified Dave Fanning’s statement under item 51 on page 24 that Bell Vista was closed to 13 tons/26,000 pounds and local traffic and deliveries could still get through.

Commissioner Wichman

made a motion to approve: seconded by Commissioner Schinhofen.

Commissioner Carbone

mentioned the nine cent gas tax was used to lix potholes like the ones on Unicorn and Elderberry.

Commissioner Cox

said the Wild West Extravaganza was this weekend and the parade would be Saturday morning. Today was the last day they would take any applications.

Commissioner Schinhofen

added the music would be from 3:00 p.m. to about 9:00 p.m. on Friday, from 10:00 a.m. to about 9:00 p.m. on Saturday, and from 10:00 a.m. to around 4:00 p.m. on Sunday.

Commissioner Wichman

advised the District Attorney that Frances Shaw, the daughter of the owner of the Brucite property in Gabbs, had contacted her. They were completing a few more sections of the roof and the fencing would be up sometime this week. Commissioner Wichman then stated that NACO started the legislative committee for the 2017 session and its first meeting was on April 28, 2016. If someone wanted to be a part of the committee they should contact Dagny Stapleton or Jeff Fontaine. Questions about the November NACO conference in Pahrump should be directed to May 3, 2016 Amanda Evans. Finally, since the task force for the transfer of public lands had completed its tasks and was no longer meeting, Commissioner Wichman advised NACO had reinstated the Public Lands and Natural Resources Committee, which would meet at 2:00 p.m. the Thursday before the regular NACO meeting. Commissioner Wichman encouraged her colleagues to participate. Diane Southworth said the Democratic Party would have a debate for Congressional District 4 at the senior center on May 19, 2016, between 5:00 p.m. and 7:00 p.m., which would be open to the public. Also, at the Wild West Extravaganza the Democratic Party would accept donations for K-9 bulletproof vests. John Pawlak and Mary Duff from the Nuclear Waste and Environmental Advisory Board thanked the Commissioners for the advertising funds for the Earth Day event. On May 7, 2016, the advisory board would host the Pahrump town clean-up, and on May 6, 2016, they would have a job and volunteer fair at the Nye Coalition Activities Center from 9:00 a.m. to noon. Richard Goldstein stated that Boy Scout Troop 651’s outhouse was done.

Commissioner Cox

asked if an item would be on the agenda soon about the sign regarding guns in the courthouse or if the Board could just give a directive.

Commissioner Carbone

believed there was a resolution adopted a while back that said people could open carry in any County building so that resolution needed to be found and brought to the Board.

Commissioner Schinhofen

thought the judge could make his own rules inside his courtroom. Angela Bello said it was being worked on and she would see if it could be ready for the next agenda.

Commissioner Wichman

advised she would put an item on the next agenda for comments to the BLM on their Planning 2.0. She thought maybe the MOU could be May 3, 2016 7. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslaqendas)-Cont’d. included at that time to give the District Attorney’s Office two weeks to review it. The deadline for the comments was May 24, 2016. Sam Merlino said the military ballots went out Friday by the deadline, all absentees went out yesterday, and the mail-in precincts would go out this week. Also this week she would be training election workers in Beatty, Pahrump, Round Mountain, and Tonopah. On May 18-20, 2016, the pre-logic and accuracy testing on all the machines would be done, and early voting started May 28, 2016. Mrs. Merilno then mentioned sample ballots were sent to all candidates so they could look at their name and make sure the spelling was correct and how it appeared on the ballot. She had a couple of individuals panic because they thought they were receiving their specific sample ballot and did not see what they expected. She clarified that it was just a sample ballot that would be sent to their constituents that showed the candidate name, not the candidate’s specific sample ballot. DISTRICT COURT

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Carbone

said there was a possibility of more than one area being modified because drug court would be moved around.

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 21. For Possible Action - General road report by Public Works Director Tim Carlo from Public Works advised there was substantial rain over the weekend that set back the repairs on Bell Vista. Winery also got washed out again.

Commissioner Schinhofen

asked how close Bell Vista was to being done so the crews could get back on maintenance.

Mr. Carlo

said they still had some patching to do and there were bad areas on the east end; however, they did have a small maintenance crew in Pahrump right now. May 3, 2016 21. For Possible Action - General road report by Public Works Director-Cont’d.

Commissioner Cox

said there were areas over on Retread between Barney and Leslie that needed to be totally repaved.

Commissioner Wichman

expressed her thanks for the repair of the bug dust holes and asked Mr. Carlo to take Moores Station Ranch off of the radar as she learned that was more of a civil issue.

Commissioner Carbone

thanked Public Works for making sure the lights got turned on going down Calvada. He then urged everyone who had road issues to use the on-line system. Ammie Nelson said the corner of Red Butte and Bourbon was really bad and there was a mesquite tree growing on Bourbon Street near Karen. Dwight Lilly discussed issues with Thousandaire between Homestead and Vicki Ann as well as on Greco Road near the radio station. He wondered if there was some way the Road Department could periodically run a grader in that area.

Commissioner Cox

pointed out the roads going in there were not dedicated which was the problem, but Greco was dedicated. She said it was just a mailer of time and the roads were not being neglected or disregarded. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Carbone

assumed the Chair of the Board of County Commissioners. TIMED ITEMS 8. 10:30 - Presentation by Renown representative Rich Conley. Richard Conley from Renown Health advised that on June 1, 2016, they would reopen the former Nye Regional Clinic as a medical group. Three residents had been hired to provide on-site operations and care. To start, the clinic would operate Monday through Thursday and offer access to primary and specialty care through tele-health technology. Using this technology meant patients could receive care in Tonopah with less stress and fewer travel costs. There would be more than 30 specialties including neurology, gastroenterology, endocrinology and behavioral health. For emergency services Mr. Conley encouraged everyone to call 911. There would be x-ray services on site and they were looking to expand their imaging capabilities in the near future. They also hoped to expand the lab services 45-60 days from now and were working with the State to get the proper licensing in place. Mr. Coffey advised they would continue to search and recruit for an on-site provider, but they wanted to get the services up and running and get a foundation for a sustainable model in Tonopah. Lastly, Mr. Conley invited everyone to the open house at the clinic on May 20, 2016, from 1:00 p.m. to 4:00 p.m. May 3, 2016 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 22. Committee Reports There were none. 23. Town of Pahrump Ongoing Project Report There were none. 24. For Possible Action Discussion and deliberation regarding a project to make improvements to the Veterans Memorial at Chief Tecopa Cemetery located at 751 S. Hwy 160 in Pahrump, NV, Assessor’s Parcel Number 038-271-19, Town of Pahrump, Owner.

Commissioner Carbone

made a motion to approve pending the completion of the zoning review; seconded by Commissioner Schinhofen. Pam Webster said in reviewing the back-up she had not been able to determine how many pergolas would be installed and that it would be six

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Cox; 5 yeas SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. May 3, 2016 27. For Possible Action Approval to apply for FFY 2017 Federal Transit Administration/Nevada Department of Transportation Section 5311 grant for operating expenses, specifically assistance with fuel costs, transportation drivers and dispatchers in the amount of $89,270. The matching funds will be approximately $44,130 and are in-kind funds from vehicle maintenance provided by the County, project income from the program and monies received from Aging and Disability Services Division. No additional County match is required.

Commissioner Schinhofen

made a motion to approve items 27 and 28; seconded by

Commissioner Wichman

; 5 yeas. 28. For Possible Action Approval to apply for the Department of Energy (DOE) and State of Nevada Division of Emergency Management (DEM) FFYI6 Emergency Preparedness Working Group (EPWG) grant. Funds from this grant come from the National Nuclear Security Administration (NNSA) low-level waste grant program.

Commissioner Schinhofen

made a motion to approve items 27 and 28; seconded by

Commissioner Wichman

; 5 yeas. BOARD OF COMMISSIONERS 29. For Possible Action Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 30. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 31. For Possible Action Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. May 3, 2016 CLERK 32. For Possible Action Discussion and deliberation to appoint three (3) members to the Nye County Wildlife Management Board due to three (3) terms expiring.

Commissioner Wichman

made a motion to appoint Charlie Cecchini, John Terras, and Kevin Strozzi; seconded by Commissioner Schinhofen; 5 yeas. 33. For Possible Action Discussion and deliberation to appoint one (1) member to the Pahrump Regional Planning Commission due to one (1) term expiring.

Commissioner Borasky

made a motion to appoint Alan Bond; seconded by

Commissioner Carbone

; 5 yeas. 34. For Possible Action Discussion and deliberation to appoint three (3) members to the Smoky Valley Library Board due to three (3) terms expiring.

Commissioner Wichman

made a motion to appoint Jeremy Briggs, Tamara Jones and Rebecca Lim; seconded by Commissioner Schinhofen; 5 yeas. DISTRICT ATTORNEY 35. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nye County Bill No. 2016-05: A Bill proposing to amend section 3.52.100 of the Nye County Code by aligning the ordinance with the language in the Nye County Sales and Use Tax Act of 2007; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) Read the title of the Bill into the record. This item was removed from the agenda. [See page 24.J 36. For Possible Action Discussion and deliberation regarding the tentative FY 2017 and FY 2018 budget for the Nye County Child Support Division.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. May 3, 2016 37. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2016-57: amending Nye County Resolution No. 2011-104 by temporarily merging the boundaries of the Pahrump and Beatty townships, and reducing the number of justices of the peace serving the merged Pahrump/Beatty Township to two.

Commissioner Wichman

made a motion to adopt Resolution 2016-57; seconded by

Commissioner Borasky

. Louis DeCanio said Nye County Resolution 2011-104 clearly stated that the boundaries of the Pahrump Township were permanent, which meant they were never to be changed. According to the last census Pahrump had 36,500 people and Beatty had 1,010 people. Combining Beatty with Tonopah’s 2,450 people resulted in a total population of 3,500 people, approximately 10% of Pahrump’s population. Mr. DeCanlo felt if the County was looking to save money it should be done with Beaffy and Tonopah. Mr. DeCanio then pointed out Pahrump had two Justices of the Peace for many years. The Pahrump Justice of the Peace was a non-partisan elected position and only registered voters in Pahrump could vote for the candidates. Mr. DeCanio thought appointing a permanent Justice of the Peace was totally wrong as it negated the vote of the people and showed the election process in Pahrump was meaningless Angela Bello explained a township was not the same as a town. The purpose of townships was to set the jurisdiction of the justice courts and by population there was a trigger for how many would serve. Generally when a Justice of the Peace resigned the Board would either appoint someone for the term or hold a special election, but an alternative was the Board could change the boundaries, If the Board chose to alter the boundaries under this item, Ms. Bello advised the next item would become moot.

Commissioner Wichman

stated that due to the added expense of holding another election, and the added strain on the minimal staff to do that, her motion would stand. Dwight Lilly was concerned about contingent liability for Pahrump if something happened during this temporary merged period that negatively impacted the residents of Pahrump or Beafty. Additionally, although he understood this was an effort to resolve a vacancy created in the Justice of the Peace position, Mr. Lilly thought this was a clever way to subject the citizens of Pahrump to a Justice of the Peace they did not elect or maybe even favor. He did not want five Commissioners to determine issues as important as something that was voted for on a regular basis. Regarding liability issues, Ms. Bello explained a township could not be sued as it had no liability and was not a political subdivision of any kind. A township’s limited purpose was to divide the jurisdiction for the justice courts and set the number of Justices of the Peace. May 3, 2016 37. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 201 6-57-Cont’d. Don Cox noted a special election did not have to be held as according to Sam Merlino it could be put on the November ballot along with the rest of the general election. Mr. Cox believed it should be voted on as there would be no extra cost to anyone.

Mrs. Merlino

clarified that she said she hoped if they went to a special election it could be conducted in conjunction with the general election or it would cost $30,000.00. She did not mean it could. She hoped that it could, but that would take an opinion from the District Attorney. Mrs. Merlino had spoken to her and they had not come to a conclusion on how that would take place at this time.

Mr. Cox

still thought it should be put to the vote of the people.

Commissioner Wichman

pointed out this was only to fill the remainder of Judge Kent’s term so it would be on the election at the end of the term in two years. Also, the resolution had a sunset on it so it would simply go away after the results of that election.

Mr. Cox

thought someone from Pahrump should be appointed, not someone from Beaffy. John Bosta said when Brian Kunzi was District Attorney he told Mr. Bosta that he could not find the definition of a township anywhere. They finally found it in the election code, which said members of a township shall be elected in the tenth position on the ballot.

Mr. Bosta

recommended looking at the election code.

Commissioner Wichman

repeated her motion stood.

Ms. Bello

stated there was a discussion by the Legislative Counsel Bureau from a report in 1977 addressing townships which pointed out that townships were only associated with constables, coroners, and Justices of the Peace. Townships were also addressed under NRS 257.

Commissioner Cox

stated her objection to the motion based on the fact that she lived in the area where she kept being told the Commissioners were corrupt and there was collusion going on. While there would be a large cost to the citizens, she felt putting it on the general election would make the citizens feel better about the Commission and the County in general. She suggested instead of limiting it to April, 2019, maybe it should be until the November election to allow people to have a vote. Commissioner Cox wondered if Commissioner Wichman would be willing to make an amendment to her motion for that or allow Commissioner Cox to make an amendment so the Board could go ahead with item 38 and allow it to go to the people.

Commissioner Wichman

asked Mrs. Merlino if she could put this on the ballot for this year. May 3, 2016 37. For Possible Action Discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2016-57-Cont’d.

Mrs. Merlino

advised she and Ms. Bello had discussed this and the statutes allowed for a special election. They had to look into it a little further to find out when the filing period would be if it was held in conjunction with the general election.

Ms. Bello

indicated she was not seeing any issues. A special election could probably be held at the same time, but it would be on two ballots.

Commissioner Wichman

noted one of the things that helped the County get close to being within budget was the payroll that was not going out to two Justices of the Peace. She asked how big an impact that would have on the next budget cycle. Pam Webster advised it was almost $100,000.00. She further explained the Board of County Commissioners approved the budget for the justice courts which included the salaries of the Justices of the Peace. If that position was not filled it would not have to be budgeted and that be a $100,000.00 savings to the planned budget being looked at right now.

Commissioner Wichman

said for the reasons stated by Mrs. Merlino and the County Manager her motion stood. Ammie Nelson agreed with Commissioner Cox and wished Commissioner Wichman would amend or withdraw her motion.

Commissioner Carbone

said he would like to have a change in the motion for it to be one year instead of two.

Commissioner Wichman

said one year would create a situation where staff had to come up with a whole new election. She was willing to modify her motion to proceed with the adoption of Resolution 2016-57 with the caveat that if it became cleat that Mrs. Merlino was able to put it on the ballot coming up in November that be done. However, that would mean no $100,000.00 savings for this budget year. Again, Commissioner Wichman said her motion stood.

Commissioner Schinhofen

said the township boundaries were created by the Board and the Commissioners had the authority to change them. This had been done in the past for Tonopah and Beatty and no one panicked or called the Commissioners corrupt.

Commissioner Schinhofen

then called for the question.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Sch in hofen.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

explained because some of the suggestions included fees, NRS required the County speak to the industry involved.

Commissioner Schinhofen

made a motion to continue the public hearing to May 17, 2016; seconded by Commissioner Wichman; 5 yeas. 11. 11:00 For Possible Action Extension of Time Application ET-2016-000005: - — Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (cultivation) at 5400 N. Highway 160, Pahrump. Nye Farm Tech, Ltd. I Dokmai Sullivan, Manager Applicant.

Commissioner Carbone

opened the public hearing. Darrell Lacy said they received a notice from an attorney that there was a bankruptcy filing on this property and he thought the District Attorney had been in contact with the other party. He was told by Tim Sutton that the other attorney was okay with extending the time and moving forward with the hearing. May 3, 2016 11. 11:00 - For Possible Action — Extension of Time Application ET-2016-000005- Cont’d. Angela Bello did not think the bankruptcy played into this. She was trying to find out if there was any legal reason or justification for the request to put the agenda item off and she had not heard.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

made a motion to approve the extension of item for ET-2016- 000005 with the amendment that within 90 days all fees must be paid, all paperwork including building plans and the sheriffs security plan must be turned in within 90 days, and it must be built out within one year; seconded by Commissioner Wichman; 5 yeas. 12. 11:00 For Possible Action Extension of Time Application ET-2016-000006: - — Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical mariiuana establishment (production) at 301 5. Oxbow Avenue, Unit #13, Pahrump. CW Nevada I Amanda Connor, Esq. Applicant.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve the extension of time including within 90 days all fees must be paid, all paperwork turned into Planning, including the security plan, and it must be fully operational in a year; seconded by Commissioner Wich man. Amanda Connor, representing the applicant, asked if the full tenant improvements had to be completed within 90 days.

Commissioner Schinhofen

said no. Full tenant improvements had to be done within one year of the approval of the extension.

Commissioner Carbone

opened and closed the public heating. May 3, 2016 13. 11:00 - For Possible Action — Extension of Time Application ET-201 6-000008- Cont’d.

Commissioner Schinhofen

made a motion to approve and within 90 days all documents, all fees paid, and in one year operational; seconded by Commissioner Wichman; 5 yeas. 14. 11:00 For Possible Action Extension of Time Application ET-2016-000009: - — Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (cultivation) at 6041 S. Hafen Ranch Road, Pahrump. Nevada Natural Medicines I Scott Sibley Applicant. 15. 11:00 For Possible Action Extension of Time Application ET-2016-000010: - — Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (production) at 6041 5. Hafen Ranch Road, Pahrump. Nevada Natural Medicines I Scott Sibley Applicant.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve the extension of time and in 90 days all fees must be paid, all documents turned into Planning, and within one year be operational; seconded by Commissioner Wichman.

Commissioner Carbone

said he hoped that everybody was not sifting on their haunches on these items waiting for a positive vote in November on other issues.

Commissioner Borasky

voted no because the local residents were against it. 16. 1 1:00 For Possible Action Extension of Time Application ET-2016-000011: - — Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (cultivation) at 801 5. Panorama Road, Pahrump. Wellness Orchards of Nevada, LLC I Amanda Connor, Esq. Applicant.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve and within 90 days all fees must be paid, all plans, and one year to be operational; seconded by Commissioner Wichman; 5 yeas. May 3, 2016 17.11:00 For Possible Action Extension of Time Application ET-2016-000012: - — Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (cultivation) at 9680 S. Oakridge Avenue, Pahrump. Nye Natural Medicinal Solutions. LLC, dba NuVeda I Amanda Connor, Esq. Applicant.—

Commissioner Carbone

opened the public hearing. Dwight Lilly thought before any final permits on the cultivation sites were approved there were some issues that needed to be addressed as to how the facility itself interacted with the public. He recalled the issue here where people felt their neighborhood had been taken over rather than the establishment merging with the neighborhood. Paul Ostranger said he lived directly across the street from the facility and it did not belong in this residential area. The smell was overpowering and he was concerned about putting another facility next to it. There were cars coming and going day and night, loud music was played in the evenings and on weekends, and it was unsightly with the razor wire. Diann Musial concurred with the prior comments and added that at the last meeting there was a motion for the group that owned this place to work with the local neighbors and negotiate some sort of compromise or understanding about the prison-like look and the smell, but nothing had happened. Ms. Musial asked for follow through on that.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

asked Amanda Connor to speak with Ms. Musial, and he would speak to her himself. He advised they had been working with CW and NuVeda, who were turning in letters to ask the Sheriff to allow them to take down the razor wire which was part of the previous security plan. As far as the smell, Commissioner Schinhofen said he smelled the deodorizer they added to the air. Amanda Connor explained they were waiting to meet with the neighbors until they fully understood what the Sheriff would permit them to do for security purposes as they did not want to agree to certain changes if they would not be approved. They would reach out to the neighbors as they moved forward. Additionally, Ms. Connor advised this extension of time was not for the existing cultivation facility but for the new facility coming in.

Commissioner Schinhofen

made a motion to approve the extension of time and in 90 days have all fees paid, all paperwork in, all plans, and be operational in a year, and further as soon as the Sheriff told them what they could do they would have a meeting with at least the two people who spoke today; seconded by Commissioner Wichman.

Commissioner Cox

asked if the razor wire was allowable, if it was part of the conditions of the zoning department, or if it fell back to the Sheriff. May 3, 2016 17. 11:00 - For Possible Action — Extension of Time Application ET-2016-000012- Co nt’d. Darrell Lacy, Planning Director, said it was a condition of approval. It had to be fenced with an approved security plan and their plan included razor wire, which was approved by the County. He understood the Sheriff indicated she did not have a problem with it being taken down, but approval of a new security plan would be required.

Commissioner Cox

asked if they were correct in believing this was residential zoning.

Mr. Lacy

said this was a business opportunity overlay zone which bordered a residential zone.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve the extension of time and in 90 days have all fees paid, all paperwork turned in, and be operational in one year; seconded by Commissioner Wichman; 5 yeas. 19. 11:00 For Possible Action Extension of Time Application ET-2016-000014: - — Public Hearing, discussion and deliberation regarding a request for an Extension of Time of Special Use Permits to allow medical marijuana establishments (cultivation and production) at 101 W. Airport Road, Beatty. MM Development Company, LLC I Robert Groesbeck, President Applicant. —

Commissioner Carbone

opened and closed the public hearing.

Commissioner Wichman

made a motion to approve the extension of time based on the same requirements as all the others; seconded by Commissioner Schinhofen; 5 yeas. May 3, 2016 20. 11:00 For Possible Action Continued Public Hearing, discussion, and - — deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 201 6-01: A Bill proposing to amend Nye County Code Chapters 16.04 through 16.16 Subdivision of Land in Nve County, and Chapter 16.20 relating to the Division of Land within all areas of Nye County with the exception of the Pahrump Regional Planning District; by amending the minimum lot sizes which may be created, and amending the water rights relinquishment requirements, within Amargosa Valley Basin 230; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date. Mike Cottingim, Amargosa Valley Administrator, advised the town passed a couple of agenda items where they agreed to the parcel size limitations and leaving the water rights as they were. John Bosta asked the Board to look at Section 16.20.130.C.a.i., regarding valid groundwater rights acceptable to the State Engineer of the Water Resource Division. He found it interesting that the title was for 16.28 for the Pahrump Regional Planning District, but under the “Now Therefore” it said this was a change for 16.20. Mr. Bosta also commented about the verbiage regarding the concern over water rights in the district. This document did not state which of the ordinances was being amended and comments about certified water rights were not red lined. Mr. Bosta did not think there was anything in the statutes about valid groundwater rights acceptable to the State of Nevada Water Division. He thought that was a creation of the Planning Department and a bleed out of the general plan for Pahrump. He said the Planning Department was not following the County ordinance and wondered if the County was operating under the color of the law. Trevor Dolby commented this language permitted the continuation of water rights speculation and was an obstacle to balancing the water rights permitted or paper water rights in Basin 230.

Commissioner Carbone

closed the public hearing.

Commissioner Wichman

said she had two or three versions of the bill in front of her and was confused as to which one was being proposed. She read the version containing the language “Water Rights. Because of concerns pertaining to water in Nye County certificated water rights in the amount of two acre feet,” which Mr. Lacy confirmed was the correct one.

Commissioner Wichman

reviewed the back and forth changes that had been made to the bill and said everything being talked about was simply wordsmithing as this did not make a substantial change to the ordinance. It just made the language consistent.

Commissioner Carbone

closed the public hearing. May 3, 2016 20. 11:00 For Possible Action Continued Public Hearing, discussion, and - — deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2016-01- Cont’d.

Commissioner Wichman

made a motion to adopt Nye County Bill No. 2016-01 effective May 23, 2016; seconded by Commissioner Schinhofen.

Mr. Lacy

advised there were a couple of parcel maps submitted and accepted as substantially complete. Those would not be brought to the Board before May 23, 2016, and would be approved under the previous ordinance.

Commissioner Schinhofen

understood they would put up a bond for the road improvements.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. 49. For Possible Action Medical Marijuana Establishment Initial License Application MM-2016-000020: Discussion and deliberation on a request to approve a Medical Marijuana Establishment License for a medical marijuana cultivation facility, located at 340 E. Mesquite Avenue, Pahrump, Assessor Parcel #29-601-28. Janet Jensen Property Owner. NCMM, LLC Applicant. 50. For Possible Action Medical Marijuana Establishment Initial License Application MM-2016-000021: Discussion and deliberation on a request to approve a Medical Marijuana Establishment License for a medical marijuana production facility, located at 340 E. Mesquite Avenue, Pahrump, Assessor Parcel #29-601-28. Janet Jensen Property Owner. NCMM, LLC Applicant. — —

Commissioner Schinhofen

asked about the final security plan. Darrell Lacy advised they submitted an amended one but it had not been formally approved. May 3,2016 49. For Possible Action Medical Marijuana Establishment Initial License Application MM-2016-000020-Cont’d. 50. For Possible Action Medical Marijuana Establishment Initial License Application MM-2016-000021-Cont’d.

Commissioner Schinhofen

made a motion to approve items 49 and 50 pending final approval by the Sheriff on the security plan; seconded by Commissioner Wichman; 5 yeas.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. The Board was in recess until 1:30 p.m.

Commissioner Cox

and Sheriff Wehrly were not present. SHERIFF 39. For Possible Action Discussion and deliberation to issue a Display Fireworks Event Permit to the Mizpah Club. Fred Cline, Applicant.

Commissioner Schinhofen

made a motion to approve a display permit for the Mizpah Club; seconded by Commissioner Wichman; 4 yeas. 40. For Possible Action Discussion and deliberation to issue a Display Fireworks Event Permit to the Town of Round Mountain. Pearl Olmedo, Applicant.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas. TREASURER 41. Treasurer’s Report The report was in the back-up.

Commissioner Carbone

commented he had talked with Kim Lara in the Treasurer’s Office. There were still a couple of items that needed to be reconciled, but other than that the County was in pretty good shape. May 3, 2016 JUSTICE(S) OF THE PEACE 42. For Possible Action Discussion and deliberation regarding approval of a PayPal user agreement to accept online payments for the Tonopah Justice Court.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Schinhofen

asked why the same system in the rest of the County could not be used.

Commissioner Carbone

explained this had to do with more than just credit cards.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. EMERGENCY MANAGEMENT 45. For Possible Action Discussion and deliberation to terminate a Professional Services Agreement with Sean Devlin, DO for Medical Director services for the five (5) Volunteer Ambulance Services in Nye County Amargosa Valley, Beatty, Gabbs, Tonopah, and Smoky Valley.

Commissioner Wichman

made a motion to terminate; seconded by Commissioner Schinhofen; 5 yeas. H/R AND RISK MANAGEMENT 48. For Possible Action Discussion and deliberation to fill a vacant Deputy position #85010-048 in the Pahrump Sheriffs Office effective July 1, 2016, due to the employee resigning on March 31, 2016.

Commissioner Carbone

made a motion to approve; seconded by Commissioner Schinhofen. May 3, 2016 48. For Possible Action Discussion and deliberation to fill a vacant Deputy position #85010-048 in the Pahrump Sheriff’s Office effective July 1, 2016, due to the employee resigning on March 31, 201 6.-Cont’d.

Commissioner Wichman

expressed her concern about the financial reports and still putting people on at the Sheriff’s Office. She understood this was a replacement, but she asked Pam Webster to look at where the Sheriff’s Office stood and how far they were over budget again.

Mrs. Webster

thought there would be an overrun this year, but not nearly as large as in the past. It should be somewhere between $50,000.00 and $100,000.00 which Mrs. Webster thought could be augmented with some additional revenues so it would not be a violation. She would be going over everything in detail with the Sheriff on Friday.

Commissioner Wichman

stated she was tired of going through budget cycles that were so painful. While there absolutely needed to be people on the ground, she was concerned about a department that knew it was over budget not taking steps to reduce that budget but still coming forward asking for replacements on empty jobs.

Mrs. Webster

said the Sheriff knew and was looking at vendor reports every month to see where it was going. There was a huge issue with medications in the jail right now and there had also been an extreme problem with autopsies this year.

Commissioner Cox

thought this might be a good opening to make ends meet at the end of the year if the County cut back on an officer or two. She asked if the Sheriff had the extra money in her budget to continue to keep hiring.

Mrs. Webster

said these positions were budgeted and this was a resignation of an existing officer so she was replacing an existing budgeted position. What the Sheriff would do was hire at the bottom of the pay scale so there would be an embedded savings because of that. Mrs. Webster added the County was experiencing really good savings with the 90 day hiring freeze and bringing people in at the bottom of the pay scales. Danelle Shamrell, Human Resources Manager, noted that according to the agenda item the savings was $6,000.00 between now and the end of the fiscal year.

Commissioner Borasky

pointed out the money the County lost by training an officer over and over again.

Commissioner Schinhofen

felt there were a lot of these and asked staff to provide the turnover rate percentage in the Sheriff’s Office.

Mrs. Webster

reminded the Commissioners of the spike last year because of departmental cuts. May 3, 2016 48. For Possible Action Discussion and deliberation to fill a vacant Deputy position #85010-048 in the Pahrump Sheriff’s Office effective July 1, 2016. due to the employee resigning on March 31, 201 6.-Cont’d.

Mrs. Webster

said she had also asked why the budget shortfall was happening and the report showed a large part of it was in salaries and benefits. Apparently in the budget last year there were some positions approved by the former board that had been budgeted consistently but never filled so they were a place holder in case the need did arise. When the final budget hearing was held during the next meeting the Board would see a significant reduction in what Mrs. Webster was projecting for the current year actuals which would cause the ending fund balances to be higher for the final budget.

Commissioner Cox

asked how far along the process was to privatize the ambulance service or get someone else to take it over.

Mrs. Webster

advised she would not be able to finish that analysis until after the budget was complete. She had been working on it as time permitted but right now she was neck deep in other things.

Commissioner Cox

said she would like to see that moved along as the County was now into repairing and replacing equipment as well as writing off losses every three months.

Mrs. Webster

explained it would not benefit the County to take a fund that was holding its own right now and reduce its income but retain the expenses. FINANCE 47. Financial Reports Pam Webster said she was doing an in-depth review of revenue which she did not have today, but the revenue page showed two gaping holes. One was PILT for $3 million May 3, 2016 47. Financial Reports-Cont’d. and the other was net proceeds which the County should receive in May. She said the encouraging thing was consolidated tax was coming in very strong and was staying very strong and she expected to see something more like $12 million instead of the $11 budgeted this year. That would be a huge help and would also help to cover next year’s shortfall as she could project $12 million. From that aspect Mrs. Webster felt there would probably be a $200,000.00 to $300,000.00 shortfall, but in reviewing the expenses report they found some individuals budgeted full time in the general fund that split their time between funds so they were able to move some of that. Mrs. Webster thought she would be able to give the Commissioners a good outcome next meeting for the budget hearing.

Commissioner Schinhofen

asked if PILT was received.

Mrs. Webster

reminded the Commissioners of last year when they split the payment up and her concern about that delayed payment being taken off the full payment.

Commissioner Schinhofen

wanted to prepare a tax bill since they seemed to only send the money when they had it. If they did not pay in three years the County took the land.

Commissioner Wichman

said this conversation had been had with Chris Marklund, the NACO representative on the national level. She had not seen an answer yet, but national NACO’s logic was it was owed regardless of when it was paid. The only reason it was paid late was because of sequestration. SITTING AS THE BOARD OF COUNTY COMMISSIONERS FINANCE-Cont’d. 46. For Possible Action Discussion and deliberation regarding the budget status for Fiscal Year 2016, budget projections for Fiscal Year 2017, and possible actions. Pam Webster advised she was digging into the charges for services as well as the licenses and permits. She noted building permits were coming in really strong this year and at the last meeting the building fund was augmented because of that. There was also strong performance in fines and forfeitures. May 3,2016 DISTRICT ATTORNEY-Cont’d. 35. For Possible Action Discussion and deliberation regarding a request to: 1) Set a date, time and location for a Public Hearing on Nve County Bill No. 2016-05: A Bill proposing to amend section 3.52.100 of the Nye County Code by aligning the ordinance with the lanuae in the Nye County Sales and Use Tax Act of 2007; providing for the severability, constitutionality and effective date hereof, and other matters properly relating thereto; and 2) Read the title of the Bill into the record.-Cont’d.

Commissioner Schinhofen

wondered why this item was pulled since it was just setting a date, time and location. Angela Bello explained the bill was on the last agenda and was pulled because it did not have the sunset provision included in the statute. That change was not made for this agenda item. Pam Webster added the action requested to be taken in the agenda form was incorrect. PUBLIC WORKS

Commissioner Carbone

adjourned the meeting. APPROVED this ATTEST: Of ,2016. a

Chair Nye

Coucky Clerk / Deputy