January 2, 2018

Commissioner Cox

was not present at this time.

Commissioner Wichman

made a motion to nominate Commissioner Koenig; seconded by Commissioner Cox; 3 yeas. Commissioner Borasky voted no and Commissioner Koenig abstained.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners.

Commissioner Wichman

made a motion to nominate Commissioner Schinhofen; seconded by Commissioner Borasky; 4 yeas. Commissioner Cox voted no. January 2,2018

Commissioner Wichman

asked the Clerk to review the motion she made for item 13 on page 18 of the December 5, 2017, minutes which said she made a motion to approve a permanent.

Commissioner Wichman

made a motion to approve with that correction; seconded by

Commissioner Schinhofen

; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

stated that after a break during the last meeting Chief Deputy

District Attorney Maria

Zlotek told her that the two items that were on the agenda for ratification needed to be re-agendized for corrective action. She asked Tim Sutton to check into that for her as it was not on the agenda. She then wished Pam Webster a happy retirement and read a statement praising Mrs. Webster for all of her hard work and the improvements she made during her tenure as County Manager.

Commissioner Schinhofen

commented that everyone was one bad decision away made by themselves, their wives or children, from having their whole life turned upside down. That thought had caused him to consider and cultivate compassion. TIMED ITEMS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

Commissioner Koenig

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

Commissioner Wichman

made a motion to nominate Commissioner Koenig; seconded by Commissioner Koenig; 5 yeas.

Commissioner Wichman

asked if Mr. Dahl had been able to establish a maintenance program to handle Hadley.

Mr. Dahl

said the Hadley board was still going through the motions of putting together an agreement for the Board of County Commissioners to consider. He did send an example of an MOU with the Town of Pahrump, but had not spoken to anyone since he did that.

Commissioner Cox

mentioned the issue on the corner of Unicorn and Dandelion and thanked Mr. DahI for getting the mesquite tree on Twilight removed. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board.

Commissioner Schinhofen

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

Commissioner Wichman

assumed the Chair of the Licensing and Liquor Board. January 2, 2018

Commissioner Schinhofen

made a motion to nominate Commissioner Koenig; seconded by Commissioner Wichman; 5 yeas. BROTHEL

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. January 2, 2018 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHR UMP

Commissioner Schinhofen

made a motion based on staff recommendation to appoint Dale Griffith and Robert Duff to serve and Robert Adams and Elaine Soizano to be alternates; seconded by Commissioner Wichman; 5 yeas.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY GABBS

Commissioner Wichman

said this was approved by the Gabbs Town Advisory Board.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approv al. 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. January 2, 2018

Commissioner Schinhofen

made a motion based on staff recommendation to approv e items 24-26; seconded by Commissioner Wichman; 5 yeas.

Commissioner Schinhofen

made a motion based on staff recommendation to approv e items 24-26; seconded by Commissioner Wichman; 5 yeas.

Commissioner Schinhofen

made a motion based on staff recommendation to approv e items 24-26; seconded by Commissioner Wichman; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Borasky

said he put this on so the public could make comment if they wanted, but he did not think it made much sense.

Commissioner Wichman

made a motion to deny; seconded by Commissioner Borasky. John Bosta said he brought up the issue of using electronic devices at the last Board meeting. According to the Attorney General’s Office that should not be done and to continue using those violated the Open Meeting Law because the public could not see what was on those devices. He submitted a statement to be included with the minutes [attached]. Angela Bello did not think the Board needed to be concerned with that as the Attorney General was referring to teleconferencing. She pointed out there was Open Meeting Law training coming up and that would be the perfect time for the Attorney General to weigh in on that. Herman Lewis thought this could all be resolved easily if a place was provided for the public to see the texting during the meeting only. He said the concern was what the Commissioners were texting back and forth. Dwight Lilly said NRS 241.0353 stated it was an absolute privilege of the public to use their devices and record the meetings. He said the issue was transparency and while he was not accusing anyone of violating the law, in order to remain transparent the Commissioners should refrain from using electronic devices during the meeting.

Commissioner Koenig

advised he looked at the Brown Act in California and there was nothing in it that said those devices could not be used contrary to the statement made at the last meeting. He said in his last year he never texted another member during the meeting.

Commissioner Borasky

said he thought it would be in the best interests of the citizens of Pahrump to find some way to put on hold or block the ruling of the State Engineer.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Cox. January 2, 2018 31. For Possible Action Discussion and deliberation to consider hiring an attorney to take legal action in opposition of Order #1293 that was issued by the Office of the State Engineer of the State of Nevada on December 19, 2017.-Cont’d.

Commissioner Schinhofen

said the bottom line of this order was that it protected 11,000 current domestic well owners, which were his constituents.

Commissioner Wichman

said this order was specific to the Pahrump valley and the rest of the taxpayers were being asked to put up a minimum of $75,000.00 to pay for an attorney to protect one community. There were many situations where that could be done, but in this particular situation Commissioner Wichman said as a taxpayer she was not willing to pony up legal fees for something she thought was a very beneficial order.

Commissioner Borasky

said he had asked for it to be put under the Town of Pahrump only, but he did not catch that on the agenda. He knew the land owners outside of the Town of Pahrump would have to be asked, specifically for issues related to the Town of Pahrump, but he thought it would be a travesty to allow this to go free and hoped that some individual might want to sue instead of the Board.

Commissioner Wichman

asked Commissioner Borasky to amend his motion to include the cost coming from Pahrump. Ronni Boskovich advised this was agendized as a County item and would have to be brought back on another agenda.

Commissioner Schinhofen

was not present.

Commissioner Borasky

amended his motion to bring this back at the next Pahrump meeting to be heard under the Town of Pahrump; Commissioner Cox amended her second. Roy Mankins stated there were immediate and major financial problems happening in Pahrump as of today. There was a brochure in the mail to all the property owners in Pahrump that owned an acre and a quarter without a well offering them $300.00 for their property as the property was basically worthless without water. By Wednesday or Thursday the Assessor’s Office would have 8,000 to 10,000 notices of appeal for the valuation of their property. If the property was being bought for $300.00 then the taxable valuation of Pahrump would go down $150 million to $200 million. Mr. Mankins understood there was a water problem in Pahrump, but he felt just a unilateral action to stop without considering the options or negotiating with the State Engineer was completely out of line and would cause irreparable harm. He then introduced Attorney Dave Rigdon. Attorney Rigdon impressed upon the Board the timing issue. There was a 30 day window to appeal any State Engineer decision, and this one would expire on January 18, 2018. Mr. Rigdon wanted to ensure there was time to prepare the petition if the January 2, 2018 31. For Possible Action Discussion and deliberation to consider hiring an attorney to take legal action in opposition of Order #1293 that was issued by the Office of the State Engineer of the State of Nevada on December 19, 201 7.-Cont’d. Board chose to go forward. While he believed there was a strong case that could be made against the order, Mr. Rigdon offered no guarantees and said this was the only way to get the County to the table. Michael Lach did not believe the Water Board discussed this enough at their last meeting and did not take all consequences and the economic fallout into consideration. He felt the community as a whole wanted to conserve water and suggested an option for people to sign up for less acre feet to conserve. John Bosta said in Calvada Unit 14 there were two recordings of the final map and the State Engineer had issued water resource certificates saying the water was available, but when the State Engineer’s Office was contacted for that water certificate it was learned there was no order because the State Engineer had disapproved the subdivision map. Mr. Bosta pointed out that all of these properties came to the town via patent and since the groundwater was not exempted from that patent the water went with the land. It was his opinion that a property owner could drill a well on his own property. Mr. Bosta submitted his statement for the minutes [attached]. Norma Jean Opatik hoped the consequences in the order were unintended. She said if this order stood with no stay the detriment to the Pahrump valley was huge as it would stop the influx of people and industry into the town. Rich Lauber said he saw a major problem with theft of property by government. He discussed how this ruling affected his property values, water rights holders, small buildable lot owners, well drillers, and low-income households. Mr. Lauber was also concerned with the loss of revenue as he knew property owners who would not pay the taxes on their one acre lots. He said the State Engineer had stolen from taxpayers and the Commissioners had to fight that. Kenny Bent said Nevada water law was based on filing to appropriate the excess public water and put itto beneficial use. In 1939, 1955, and 1971 the water acts specifically excluded domestic use because there was no appropriation. He stated as written this was a bill of attainder which singled out a specific class of people. He thought this was a backdoor approach to bring domestic wells into water law without going through what was actually needed. Mr. Bent suggested if the Board moved forward to get an attorney that they do not consider attorneys like George Benesch or the attorney for the Water District. Herman Lewis thought everyone should look at the anti-water speculation law on the books. He said on its face this order was contrary to public interest and policy. Mr. Lewis felt this was another move on the County’s part to raise taxes as he knew January 2, 2018 31. For Possible Action Discussion and deliberation to consider hiring an attorney to take legal action in opposition of Order #1293 that was issued by the Office of the State Engineer of the State of Nevada on December 19, 2017.-Cont’d. someone who just got their tax bill and it went up because he drilled or deepened an existing well. Dwight Lilly said he had listened to the Commissioners say they supported domestic wells. A private well owners association was also started, which fought against SB65 and SB81 while most of the Commissioners except Commissioner Cox went along with it. He did not see any way around the 1939 water law and blamed the Commissioners for the situation. Yvette Chevalier encouraged the Board to move forward with the litigation in this matter. She felt this was a taking and that conservation would be an excellent option for Pahrump and should be the direction the Board took while fighting this order. Robert Adams was against going to court on this because of the expense and time it would take and thought it may be more expeditiously addressed with a BDR. He said he was working with NACO as Nye was not the only rural county in this situation. Walt Turner said requiring the purchase of water rights would not stop people coming in. Debra Strickland was concerned about not hearing this item until January 16, 2018, as the appeals had to be in by January 18, 2018. Angela Bello advised the Board could hold a special meeting.

Ms. Strickland

asked Commissioner Borasky to change his motion to have a special meeting. Don Cox said this was a County-wide and State issue that should be heard today. Paula Glidden agreed with holding a special meeting. She mentioned how the State requited water right owners to prove-up their use, oftentimes wasting water to do so, while requiring conservation efforts. It would also be difficult to appraise properties because of the added water expense. Pete Thaler said he purchased what was supposed to be his retirement home in Calvada Unit 14 in 2017. He was assured by the buyers and sellers agents that they could drill a well. On December 21, 2017, he was notified by his realtor that the State Water Engineer had decreed that anyone drilling a new well would have to purchase two acre feet. The price of that started at $3,000.00, jumped to $6,000.00 over night, and now it was at $10,000.00. Mr. Thaler stated that was onerous and bordered on extortion. If he needed to agree to metering to get his well then so be it, but he thought January 2, 2018 31. For Possible Action Discussion and deliberation to consider hiring an attorney to take legal action in opposition of Order #1 293 that was issued by the Office of the State Engineer of the State of Nevada on December 19, 2017.-Cont’d. it was time for a more equitable distribution of the water and way past time to control growth in the valley. Mr. Thaler submitted his comments for the minutes [attached]. Michael Noyes felt the motives of the people who implemented the laws and regulations needed to be looked at. Dawn Murphy owned three wells and felt she was being helped and hurt. She also thought Commissioner Wichman needed to recuse herself as her husband wrote the letter. Wade Hinden said Rule 1293 was illegal as it took well owners’ rights away. Dave Stevens suggested piping in ocean water and boiling the salt out of it.

Commissioner Schinhofen

pointed out the order protected 11,000 current domestic well owners. He was not willing to support spending $75,000.00 to start a lawsuit when he received phone calls and e-mails the day the order came out from people saying they were already hiring lawyers.

Commissioner Cox

asked since the Board of County Commissioners appointed members to the Water Board if the Commissioners could override its decision. Angela Bello said she would have to look up whether the Board could make their letter null and void, but they had the authority to send it.

Commissioner Cox

wondered if the District Attorney could be directed to request a temporary restraining order so these people could get back to drilling their wells until this was proven in a court of law.

Ms. Bello

said a special meeting would be needed for that also as what was on the agenda right now was to hire outside counsel.

Commissioner Koenig

suggested voting on the motion to postpone and then during that time decide on the new agenda item to either ask the District Attorney to do what

Commissioner Cox

wanted or send another letter as the Board of County Corn missio ners.

Commissioner Borasky

withdrew his motion; Commissioner Cox withdrew her second.

Commissioner Borasky

made a motion to have a special meeting to consider this; seconded by Commissioner Cox; 3 yeas. Commissioners Schinhofen and Wichman voted no. January 2, 2018 TIMED ITEMS 10. 11:00 For Possible Action Discussion and deliberation on Special Use — — Permit Application SU-2017-000042: a request for a Special Use Permit to allow a marijuana establishment (cultivation) located in Amargosa Valley at 1214 N. Tamarack Road, Assessor Parcel Number 019-051 -07. Paul Lemus and David Lemus Property Owner(s). Grow Abode, LLC I Paul Lemus Applicant. Darrell Lacy, Planning Director, explained this was a new special use permit (SUP) for property in Amargosa. The SUPs given outside of Pahrump since 2014 all included a special condition of approval that they follow the site development and building codes for the Pahrump Regional Planning District and all of the current ones that had been built had done so.

Commissioner Wichman

confirmed with Mr. Lacy that this met with the offset from residential housing and all of that, and public comments had come back to him. She then said she had a pile of complaints, and the town board did not send a letter of recommendation.

Mr. Lacy

agreed the town did not provide a letter, but advised that in 2014 the town board supported the industry in general without getting into the specifics on this. He knew the Amargosa Valley Town Board heard the item, but they declined to give the County a recommendation. Brad Waggoner, Assistant Planning Director, said it was his understanding it was brought to the Amargosa Valley Town Board and it was decided to take no action on it based upon their decision in 2014 that they were basically welcoming medical marijuana cultivation sites.

Commissioner Schinhofen

mentioned one of the immediate residents to the property e mailed him. Paul Lemus, CEO of Grow Abode, said this project would bring a lot of jobs, industry and tax money to the town. He would love to take the valley and revive it with some life and economy and hoped the Board would support his project. David Lemus asked the Board for approval of their five star cultivation facility. He pointed out that past meetings had included discussions on attracting new business, growth, income and tax revenue into the County and their project would do more than that. He said they were committed to following the rules and regulations of the State and the County and this project could result in thousands of dollars in income for the County, Amargosa, and Pahrump. John Bosta thought the Amargosa Town Board approved medical marijuana and a letter was sent to the County to that effect. He then discussed the 18 items shown in the back-up that they had to abide by, particularly item 5, which said they would comply with January 2, 2018 10. 11:00 For Possible Action Discussion and deliberation on Special Use — — Permit Application SU-201 7-000042-Cont’d. all site development standards and the requirements of the Pahrump Regional Planning District. Mr. Bosta said this project was in Amargosa Valley, not Pahrump, and that Code needed to be changed from 5.16 to 5.17 because the rest of the County had to comply with the uniform building codes. He pointed out how these gentlemen met every requirement and felt the Board should approve it. Dave Stevens felt medical marijuana was okay, but he did not agree with recreational. At Commissioner Koenig’s request, Mr. Lacy explained the item Mr. Bosta talked about said they were required to follow the site development requirements which this Board decided in 2014 was important no mailer where in Nye County a marijuana facility was to be built. It had been a special condition of approval on all marijuana SUPs and the people who built outside of Pahrump had followed that, including Acres in Amargosa.

Commissioner Cox

asked if there were any letters of complaints from any of the surrounding residents or any concerns.

Commissioner Wichman

said she received two letters in the mail, which Mr. Lacy advised were received after the back-up was submitted.

Commissioner Cox

was concerned about the odor and wanted it controlled. She also had not seen the letters and wondered if Mr. Lacy or Commissioner Wichman could tell her what the complaints were.

Ms. Bello

said if the Board was going to rely on letters and consider them then they needed to be submitted to the entire Board as well as the public.

Commissioner Wichman

said Mr. Lacy just pointed out to her that the two letters were apparently from the same family and she did not compare them to what was in the back-up.

Mr. Lemus

submitted a paper to the Clerk which contained signatures of seven direct neighbors supporting the project.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Schinhofen

asked Mr. Lemus if he realized he would be sitting on this for a while as the State was allowing a few more licenses in municipalities that did not participate.

Mr. Lemus

said he knew it would take 60 days for the State to respond to his application. Their window for cultivation facilities would open between January 2, 2018, January 2, 2018 10. 11:00 For Possible Action Discussion and deliberation on Special Use — — Permit Application SU-2017-000042-Cont’d. and January 16, 2018. Originally it was a window just for places that were adding recreational to their license, but Mr. Lemus said he received a call from the Department of Taxation that said they were going to open a window as long as the population was under 100,000.

Commissioner Schinhofen

explained that window was for municipalities that had not participated before and Mr. Lemus was not going to get in on that. He also told Mr. Lemus he would not be able to contain the smell in an outdoor grow.

Commissioner Cox

was not present. SHERIFF

Commissioner Schinhofen

made a motion to accept the donation; seconded by

Commissioner Wichman

; 4 yeas. TREASURER

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman. Ronni Boskovich stated the way this item was drafted it did not have to be brought back every 30 days as long as Judge Jasperson abided by the NRS. January 2, 2018 34. For Possible Action Discussion and deliberation to allow Justice of the Peace Judge Jasperson, as he deems necessary, to invite any available Justice of the Peace, within the confines of NRS 4.340(2), to provide him temporary assistance, until a new Justice of the Peace for the Pahrump Township is elected.-Cont’d. Angela Bello added the Board could give him a blanket approval as long as he followed the NRS, which was to rotate out every 30 days, or the Board could require him to ask every time.

Commissioner Wichman

did not want to leave it out there as recurring open-ended.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Wichman

noted her original request included the periodic inspections of those license holders to go to Code Compliance so that would have to come back.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. HIR AND RISK MANAGEMENT

Commissioner Schinhofen

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

Commissioner Schinhofen

said this was something which was done for years in the past, but then there were six years of impossible budgets and everything had to come to the Commissioners. He trusted Tim Sutton to do this.

Commissioner Schinhofen

made a motion to approve Tim Sutton to authorize budgeted positions; seconded by Commissioner Wichman. When Mr. Sutton asked if there were any other things he should take into account when making these decisions other than the accruals, Commissioner Schinhofen said to make sure they were budgeted positions.

Commissioner Schinhofen

said he had asked the town manager if they were current and they were. January 2, 2018 40a. For Possible Action Discussion and deliberation on Recreational Marijuana Establishment Initial License Application RM-2017-000020-Cont’d. 40b. For Possible Action Discussion and deliberation on Recreational Marijuana Establishment Initial License Application RM-201 7-000021 -Cont’d.

Commissioner Schinhofen

made a motion to approve contingent upon no late payments in 90 days and they follow the County rules; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted no.

Commissioner Wichman

said she had an issue with this. The application fees paid for postage, research, staff time and advertising. If the applicant did not pay the fee then the taxpayer had to pick up all the costs.

Commissioner Wichman

made a motion to decline; seconded by Commissioner S chin hofen. Karl Mitchell stated this request was made under the Fair Housing Act for reasonable accommodation. Reasonable accommodation was a change, exception or adjustment to a rule or policy that may be necessary for a person with a disability to have an equal opportunity for full use and enjoyment of their home. Mr. Mitchell said emotional support animals were assistive aids and that was in the federal law. Dave Stevens said to keep the tigers there and let them pay later.

Commissioner Cox

said in light of the rules and laws that Mr. Mitchell presented she believed the Board may be obligated to waive this. Ronni Boskovich advised there was nothing in the Fair Housing Act that said the Board was obligated to waive any of those fees.

Commissioner Schinhofen

made a motion to approve the renewal of the one year lease and instruct staff to look into the pros and cons, particularly dollar amounts; seconded by Commissioner Wichman.

Commissioner Wichman

said she had been opposed to this for the nine years she had been on the Board because one of the cons was accepting all of the bad stuff that went along with owning a landfill. On the other hand, in light of new technology she though t maybe the landfills would become the new mining resource and that was why she seconded the motion.

Commissioner Koenig

said he was getting gas in the County vehicle yesterday and was talking to an EMS guy who had been volunteering his time to the Town of Tonopah and surrounding areas. They started talking about New Year’s and the man said his wife was not too happy because they had a New Year’s celebration scheduled at his house, but “this is what we do.” Commissioner Koenig wanted to personally thank those guys for doing that. Vance Payne, Emergency Services Director, said on December 26, 2017, he met with his staff about what to do with Tonopah. A proponent of the contract with Renown/REMSA that the Northern County Hospital District approved would assist EMS in Tonopah, so the group felt that the stops should be pulled on supporting the system in Tonopah knowing there was a light at the end of the tunnel on part of this. An hour and a half after that meeting, Fire Training Officer Matt Clayton came north. Since then one-half of the two people required to keep the ambulance in service had been staffed by Mr. Payne’s department, which provided a certain level of encouragement to the volunteers in the community. However, Mr. Payne said everyone needed to know he could not keep this up for much longer. He hoped to add back-up to this particular item in the future to show what the cost was. He said everything would be okay for the next 30 days and he was going to watch it closely to see what happened.

Commissioner Wichman

commented on REMSA advertising for paramedics already. January 2, 2018 37. Presentation regarding the Tonopah Ambulance Service status.-Cont’d.

Mr. Payne

said REMSA was advertising all over the State and beyond for community paramedics for this community.

Commissioner Wichman

asked how Mr. Payne’s efforts had gone to involve the volunteer fire department in Tonopah.

Mr. Payne

responded that Rob Elliott stated they chose to not participate. He then educated the public on why the County health department was not stepping up to the plate to provide ambulance services and why the State of Nevada Health and Human Services was not fulfilling its obligation. He explained NRS 450B was enforced by the Division of Behavioral and Public Health, which was a component of Health and Human Services at the State level. The County had no health department, so that was off the table. The State was the licensing agency and enforcer of NRS 450B. The Nye County Ambulance Service was the delivery portion of the EMS services in all other locations in Nye other than Pahrump and that was managed with a special revenue fund. Since that fund received zero tax dollars EMS could only operate to the level of that funding and people.

Commissioner Wichman

said she had asked before to be provided with those change s so she could start working on it.

Mr. Payne

stated he was having a hard time answering that because the changes requested from some of the more rural areas of Nevada in essence went against every professional grain in his body, which was to dumb it down so people could pass a test. He was reaching out to people in position in some of the other counties to try to garner their thoughts on whether the County should even approach this. He added trying to make a change to NRS 450B would be in direct competition with every union in the State which would fight tooth and nail not to lower the standard.

Commissioner Koenig

asked Mr. Lach to e-mail that to him and to meet with him. Sam Merlino reminded everyone that financial disclosures were due by January 15, 2018. John Bosta said what Mr. Lach proposed would allow him to drill wells at the expense of other people. It was the prime objective of the private well owners’ cooperative to protect the water for the domestic wells guaranteed by the Water Act of 1939. Mr. Bosta said if the Board was going to seek special legislation to solve the problem so it could continue to divide, etc., they could not do it at the expense of the domestic wells.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of ,2018. LQJ( &4-c-- ehir Nye Coity Clerk / Deputy NYE COUNTY AGENDA INFORMATION FOR \-e tO M E Action Presentation U Presentation & Action Department: Planning Category: Timed Agenda Item %genda Date: — 11:00 a.m. January 2, 2018 Contact: Darrell Lacy Phone: 775-751-4249 Continued from meeting of: Return to: Darrell Lacy Location: Planning Phone: 775-751-4249 Action requested: (Include what, with whom, when, where, why, how much ($) and terms) Discussion and deliberation on Special Use Permit Applic ation SU-2017-000042: a request for a Special Permit to allow a marijuana establishment (cultivation) Use located in Amargosa Valley at 1214 N. Tamar Road, Assessor Parcel Number 019-051-07. Paul Lemus ack and David Lemus Property Owner(s). Grow Abode LLC / Paul Lemus Applicant. = , Complete description of requested action: (Include, it applicable, background, impact, long-term commitment existin policy, future goals, obtained by competitive bid, accountability , g county measures) Any information provided after the agenda is published or during the meeting of the Commissioners will require one for each Commissioner, one for the Clerk, one for the you to provide 20 copies: District Attorney, one for the Public and two for the or documents requiring signature must be submitted with County Manager. Contracts three original copies. Expenditure Impact by FY(s): (Provide detail on Financial form) touting & Approval I!J No financial impact (Sign & Date) 1. Dept 6. 2. DIc 7. HR Dale 3. ftLIC 8. Legal t)ale 4 Date 9. Finance Date 5. 10. Coun Manager aceon Agenda ,ftA( iTEM # provided to the Boatd of County Commissioners for consideration prior to approval of any annual license renewal. 17. Sccttrity: The special use permit grantee shall submit a Security and Transportation Plan compliant with NRS 453A and the Nyc County Security Chccktist detailing the proposed security for the Site, buitdings, and transportation vehicles, including proposed security cameras, fencing, building access and security policies and procedures for review and comment by the Nyc County Sheriff, for consideration by the Board of County Commissioners, prior to issuance of the initial marijuana license; and grantee shall provide annually a written security report to the Board of County Commissioners for consideration prior to approval of any annuat license renewal. 18. Waste Disposal: a. The proposed method and procedures of marijuana waste disposal shall be described in the Security and Transportation Plan. b. A description and process for separation, storage and disposal of product lots which do not meet the requirements for marijuana (i.e., failed test product) must be developed, monitored and approved. The location of the area where the failed test products will be stored, such as quarantine rooms, shall be specified in the Security Plan. SPECIAL CONDITIONS OF APPROVAL If the State of Nevada does not approve operation of the establishment for which the special use permit was granted by July 2, 2019 (18 months from date of BOCC approval), then the special use permit will expire. 2. Property owner/applicant/grantee shall obtain all required local and state approvals, building permits, plan reviews, inspections, etc., for the establishment. 3. The special use permit grantee shall provide to the Planning Department prior to commencement of the establishment a copy of the recorded notarized affidavit in which the grantee acknowledges that the operation of the marijuana establishment is a violation of federal law. 4. The special use permit grantee shall provide to the Planning Department prior to commencement of the establishment a copy of the recorded notarized statement in which the grantee agrees to hold Nye County harmless against any federal law enforcement actions that may result from the activities of the marijuana establishment. 5. Grantee shall comply with all site development standards and requirements of the Pahmmp Regional Planning District for commerciallindustrial development projects. cut(y l/1/U lii teriing uoairiets, Inc. STERLL’cG CC)DIF1ERS Tot Results Search ‘.- View Another Nevada Code V J 15.16.050; PERMITS REQUIF j 15.16.060: EXEMPTED WORI Please contact the municipality for questions regarding regulatons. j 15.16.065: MINIMUM DISTAl Nve Coui . NV webpage / (775) 482-8191 ] 15.16.070: GRADING DESIGN J 15.16.075:GEOTECHNICALI 3 15.16.076: SWELL TEST: Chapter 15.17 j 15.16.D77:FL000INGDR)E BUILDING AND CONSTRUCTION CODES EFFECTIVE WITHIN NYE COUNTY 3 15.16.078: POST TENSIONEI j 15.16.090:MINIf4UM5TANE 15.17.010: CODES ADOPTED WITHIN NYE COUNTY: j 15.16.091: SEWAGE DISPOS, 15.17.020: LIABILITY: j 15.16.092: MINIMUM STANC 1517030: DEFINITIONS: j 15.16.094: REQUIREMENTS 15.17.040: ALTERNATE MATERIALS. DESIGN AND METHODS OF CONSTRUCTION: j 15.16,100: UNIFORM MECH, J 15.16.110: PENALTIES: 15.17.050: PERMITS REQUIRED: j 15.16,130: REPEAL: 15.17.060: MINIMUM STANDARDS FOR MANUFACTURED HOMESi j 15.16.140: SEVERABILITY: 15.17.070: PENALTIES: J 15.16.150: CONSTITUTIONA J 15.16.160: EFFECTIVE DATE: 15.17.010: CODES ADOPTED WITHIN NYE COUNTY: Chapter 15.17: BUILDING AND j 15.17.010: CODES ADOPTED J 15.17.020’ LIABILITY. A. Nye County hereby adopts by reference the following nationally recognized codes with additions and deletions as noted in NAC 477.283: j 15.17.030: DEFINITIONS: j 15.17.040: ALTERNATE MATE 1. International fire code, 2006 edition, including appendices B, C and F. A copy is available from the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795, j 15.17.050: PERMITS REQUIR http:llwww.icsafe.orgleicategory.html. j 15.17.060: MINIMUM STAND 15.17.070: PENALTIES: 2. International building code, 2006 edition, including appendix]. A copy is available from the International Code Council, 4051 West Flossmoor Road, Country Club Hills, IL 60478-5795, or from Chapter 15.18: SWIMMING Pot http://www.icsafe.org/e/category.html. Chapter 15.20: BOARD OF BUlL 3. Uniform mechanical code, 2006 edition, including appendices B, C, and D. A copy is available from the International Association of Plumbing and Mechanical Officials Chapter 15.24: STREET NAMIN at the internet address h Chapter 15.28: DUST CONTROl Fire departments that provide training to firefighters using techniques or exercises which involve the use of fire or any device that produces or may be used to produce fire must follow the requi Chapter 1532: PAHRUMP REGI evolutions. Title 16 SUBDIVISIONS hh+nII,,rnnu, nfuu,lin,’,,’,,,lifira ,,,r,l,/ir,,4v r,hr,9hn,,I idA I/l l/1/IUil tening L,00IrIerS, Inc. STERL1(T CoDIFIERS c TOC Results Search t . View Another Nevada Code V Article II. Definitions Articte Ill. General Provision Please contact the municipality for questions regarding regulations. Articte IV.Adrniniutration Nye County. NV webpag / (775) 482-8191 Article V. Provisions For Ftoc VI.Variance Procedur Article VII. Permit Reviews A Chapter 15.16 ArticLe VIII. Repeal BUILDING AND CONSTRUCTION CODES EFFECTIVE WITHIN THE PAHRUMP REGIONAL PL Atticte IX. Constitutionality ArticleX.Appendix Chapter 15.16: BUILDING AND 15.16.010: CODESADOPTED: C’> \Ik 15.16.015: AMENDMENTS TO CODES: j 15.16 010: CODES ADOPTEC j 15.16.015: AMENDMENTS TI 15.16.020: LIABILITY: 15.76.030: DEFINITION_S: j 15.16.020: LIABILITY: j 15.16.030: DEFINITIONS: 15.16.040: ALTERNATE MATERIALS. ALTERNATE DESIGN AND METHODS OF CONSTRUCTION j 15.16.D40:ALTERNATEMATI 15.16.050: PERMITS REQUIRED: j 15.16.050: PERMITS REQUIF 15.16.060: EXEMPTED WORK tREP. BY pRO. 335 2007): j 15.16.060: EXEMPTED WORI 15.16.065: MINIMUM DISTANCES TO GROUND FAULTING OR FISSURING. AND OTHER SUBSIDENCE FEATURES: J 15.16.065: MINIMUM DISTAl 15.16.070: GRADING DESIGNATION: j 15.16.070:GRADINGDESIGP 15.16.075: GEOTECHNICAL REPORT: J 15.16.075: GEOTECHNICAL F 15.16.076: SWELL TEST: J 1516.076: SWELL TEST: 15.16.077: FLOODING OR JEUING FOR BACKFILL COMPACTION. AND MAXIMUM DESIGN TOTAL AND DIFFERENT IAL SEULEMENTS: j 15.16.077: FLOODING OR 16 15.16.078: POST TENSIONED SLABS: j 15.16.078: POST TENSIONEI 15.7 6.090: MINIMUM STANDARDS FOR PLUMBING FIXTURES: j] 15.16.090: MINIMUM STANC 15.16.091: SEWAGE DISPOSAL SYSTEMS: J 15.16.091: SEWAGE DISpOS, 15.7 6.092: MINIMUM STANDARDS FOR MANUFACTURED HOMES: j 15.16.092: MINIMUM STANC 15.16.094: REQUIREMENTS FOR RESIDENTIAL SWIMMING POOLS. HOT TUBS AND SPAS: j 15.16094: REQUIREMENTS 15.16.100: UNIFORM MECHANICAL CODE: j 15.16100: UNIFORM MECH 15.16.110: PENALTIES: _] 15.16.110: PENALTIES: 15.16.130: REPEAL: j 15.16.130: REPEAL. j 15.16.140: SEVERABILITY. 15.16.140: SEVERABILITY: 15.16.150: CONSTITUTIONALITY: J 15.i&150 CONSTITUTIONA -. 15.16.160: EFFECTIVE DATE: httrIIse,eeu, cfmrIinr,.,,djfieu -nmIr’r uhesrI,Iinr4v rshnhrrnL, idAR AMARGOSA VALLEY TOWN BOARD AGENDA ITEM # SUBJECT May 22, 2014 Al if a local business license requirement is retained theiz completely eliminate the criminal provision regarding iton complictnce with the requirement b. Meclicat Marijuana Establishments. Establish initial Business License Tax Structure for Medical Ma rtjualza Establishment B]. Medicat Martjuana Dispensaries. Business License tax of 6% on Gross Sates.