February 6, 2018

Commissioner Koenig

advised Mr. Hof the County Manager was working on answering his questions. Leo Blundo read a letter regarding his son Luka’s nomination to participate in the national youth leadership forum. Luka needed to raise about $2,500.00 to go. Luka then spoke about why he was chosen. Mr. Blundo advised Luka would be at the Bistro on Friday and anyone who would like to donate could call him at 702-595-2269. Herman Lewis felt when the Commissioners voted on issues where they had any type of personal conflict they opened the County up to potential damages and lawsuits. Regarding the Sheriff's Department, Mr. Lewis asked everyone to look at Tony DeMeo's article in the Pahrump Valley Times where he addressed the Sheriff's inappropriate comments at the VFW comparing her staff and new recruits to lion tamers who had to dominate the citizens who were basically referred to as circus animals. He found that shocking and inappropriate. Mr. Lewis wanted to know who paid for the turkeys and hams the Sheriff's Office gave out as he thought they probably came from her budget. He then mentioned the Sheriff's inappropriate campaign signs and told Sheriff Wehrly to take the signs down before she was reported to the Secretary of State and Commission on Ethics. John Bosta said as he came into town this morning on Blagg Road he saw six signs advertising something in the easement of the roadway, and about two blocks before the round up on Blagg there was another sign advertising in the public right of way. He wanted to know who was in charge of taking down those signs as he believed they were a violation. Mr. Bosta also noticed that the Great Basin Utility Company was watering full bore the entire length of the Desert Golf Course wasting water which was a violation of the water act. Mr. Bosta stated something needed to be done to stop the wasting of valuable water in Pahrump. Dave Stevens said he wanted to protest against Dennis Hof because he threatened to sue Mr. Stevens. Tom Waters spoke on the Veteran Banner Program. He said it seemed there were still a lot of veterans and veteran family members that were unaware Nye County had that program. He advised the deadline for applications was moved to April 15, 2018, and there was no cost to the veteran or the family. Mr. Waters then talked about the survivor's handbook, which was free and available at the VA Clinic. Dwight Lilly said the country was divided right now and that was seen in Nye County also with assaults on First Amendment rights in the Commission chambers on a fairly regular basis. He wished the County and the town would come together. February 6, 2018 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 Vern Van Winkle advised that KPVM TV just increased their transmitters by 6.3 kilowatts so now they were at 13.2 kilowatts going out. They also added three new channels. David Boruchowitz from the Sheriff's Office addressed the comments made by Herman Lewis regarding the hams and turkeys. He explained all gifts given were part of a national initiative by police officers and nothing was funded out of the Sheriff's budget. Everyone donated personal money and time. Since he was a deputy that participated in that Mr. Boruchowitz said he wanted the Board to be aware it was a charitable thing done by the employees of the Sheriff's Office. Debra Strickland noted that the item from the January 10, 2018, meeting regarding direction to the Water Board that resulted in a tie vote was not on the agenda.

Commissioner Koenig

explained he was wrong and it did not have to be voted on again.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

told Vern Van Winkle he was up at 3:30 a.m. and reprogrammed his television to get all the channels.

Commissioner Wichman

asked to either schedule the next Tonopah meeting for later in the week when she, Commissioner Schinhofen and the County Manager were back from Washington, D.C., or if there was not a lot on the agenda put everything on the February 6, 2018 6. Commissioners'/Manager's Comments (This item limited to announcements or topics/issues proposed for future workshops/agendas)-Cont’'d. Pahrump meeting. She then stated on the very next agenda she would need an item to get Board approval on the talking points to take back to Washington, D.C., regarding the Department of Defense expansion on both ends of the County.

Commissioner Koenig

asked Tim Sutton to get with him on moving that meeting to later in the week. He also thanked Vern Van Winkle personally as it was nice to have something on the radio from Pahrump to Tonopah. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 10, General road report by Acting Public Works Director. Tim Dahl, Acting Director of Public Works, advised the paving on Homestead would be done by the contractor at the end of the week. Additionally, he had crews working in Monitor Valley this week repairing culverts.

Commissioner Cox

said the very small road at the end of the Eye going to Dandelion needed a quick overlay.

Commissioner Wichman

thanked Mr. Dahl for the work done with Hadley. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Wichman

assumed the Chair of the Licensing and Liquor Board. BROTHEL 11, 10:00 — For Possible Action — Disciplinary hearing, discussion and deliberation pursuant to Nye County Code 9.20.170 and as described in the Notice of Hearing dated and served on January 26, 2018, to determine whether the Nye County Licensing and Liquor Board shall impose possible sanctions against Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, a Brothel License.

Commissioner Wichman

said she wanted to open the public hearing and continue it to the next Pahrump meeting as she felt it was better held down there where the people involved were closer to the meeting.

Commissioner Wichman

opened the public hearing. February 6, 2018 11, 10:00 — For Possible Action — Disciplinary hearing, discussion and deliberation pursuant to Nye County Code 9.20.170 and as described in the Notice of Hearing dated and served on January 26, 2018, to determine whether the Nye County Licensing and Liquor Board shall impose possible sanctions against Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, a Brothel License.-Cont’d.

Commissioner Koenig

made a motion to continue the public hearing to the next Pahrump meeting; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Wichman

said she wanted this item moved also for the same reasons.

Commissioner Koenig

made a motion to continue this item to the next Pahrump meeting; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Koenig

made a motion to renew; seconded by Sheriff Wehrly; 5 yeas.

Commissioner Wichman

stated unless there was an issue with a renewal the license did not need to come back every quarter as that was an administrative process.

Commissioner Schinhofen

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

Commissioner Wichman

said she wanted to move this to the next Pahrump meeting for the same reasons stated for items 11 and 12.

Commissioner Koenig

made a motion to move this item to the next Pahrump meeting; seconded by Commissioner Schinhofen; 5 yeas. February 6, 2018 LIQUOR

Commissioner Wichman

said she would like to move this item also.

Commissioner Koenig

made a motion to continue this item to the next Pahrump meeting; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 4 yeas.

Commissioner Schinhofen

made a motion to approve entering into the contract with Musco Sports Lighting and approve from 25101; seconded by Commissioner Wichman.

Commissioner Koenig

noted when the Board approved the contract in December or January the scope of work said the contractor shall furnish all material and perform all work for around $400,000.00, but now this was another $408,000.00 for the material. He wanted an explanation why all material did not include all material. Danielle McKee, Grants and Contracts Manager, explained the contract referenced all materials as outlined in the bid package. The bid package stated that the town would purchase the lights, ballasts and poles and the contractor would install them.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Wichman; 4 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.

Commissioner Schinhofen

asked to have item 22 pulled for discussion.

Commissioner Schinhofen

made a motion to approve items 20-21 and 23-24: seconded by Commissioner Wichman; 4 yeas.

Commissioner Schinhofen

made a motion to approve items 20-21 and 23-24: seconded by Commissioner Wichman; 4 yeas. February 6, 2018

Commissioner Schinhofen

made a motion to approve items 20-21 and 23-24; seconded by Commissioner Wichman; 4 yeas.

Commissioner Schinhofen

made a motion to approve items 20-21 and 23-24: seconded by Commissioner Wichman; 4 yeas. 22. For Possible Action — Approval to accept the grant award for the US Department of Justice Drug Enforcement Administration Grant to defray costs relating to the eradication and suppression of illicit cannabis in the amount of $7,000. This grant will be administered out of Fund 10340 Grants and there is no county match required.

Commissioner Schinhofen

said while this grant had been approved in the past, one thing had changed. The grant called out specifically that the Department of Justice understood that certain states and municipalities allowed cultivation or sales of marijuana, but the current Attorney General rescinded the Cole memorandum and that was troublesome to him.

Commissioner Schinhofen

made a motion to approve because there were illicit grow operations; seconded by Commissioner Wichman; 4 yeas. BOARD OF COMMISSIONERS

Commissioner Wichman

said this was her item and was just following suit with Elko County.

Commissioner Schinhofen

made a motion to adopt Resolution No. 2018-06; seconded by Commissioner Wichman; 4 yeas. February 6, 2018 COUNTY MANAGER

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 4 yeas. EMERGENCY MANAGEMENT 30, Presentation regarding the Tonopah Ambulance Service status. Vance Payne, Director of Emergency Services, advised that to date in Tonopah they had spent $26,000.00 to keep one person as part of the crew. Even with that expenditure Station 11 was not always in service because there were absolutely not enough volunteers to cover the schedule. On a good note, Mr. Payne said the first new ambulance from Northwest Ambulance Company would receive an acceptance inspection on Thursday. If it passed, personne! would start heading south with it on February 10, 2018, and it should be in service in about three weeks. It would be available on February 20, 2018, for the Commissioners to examine with an in-service ceremony shortly after that in Tonopah.

Mr. Payne

then advised the problems in Tonopah had now spread to Round Mountain. He explained that for Round Mountain Gold to protect their production they must at all times keep one EMT and one response team member on the site. They were having the same exact problems as Tonopah even though they provided training and gave stipends and bonuses. Mr. Payne said people were choosing not to do the training because they did not want the responsibility and as a result they had a reduced number of EMTs and ERT members. The majority of those members were also part of the Nye County Ambulance at Smoky Valley Station 21. The problem was for Round Mountain Gold to maintain that one EMT and ERT on the mine site they had to limit the availability of paying the personnel to go on ambulance calls. Mr. Payne suspected in the next week or two the Smoky Valley ambulance would no longer be available to Round Mountain and Smoky Valley. He said Round Mountain Gold was committed and was going to try to cover this as much as they could, but at the end of the day the mine manager's responsibility was to keep production going. Mr. Payne said he would keep the Board posted on any changes. Lastly, Mr. Payne informed the Board that the boxes of the other two ambulances were sitting on the chassis so those may be received sooner than anticipated.

Commissioner Wichman

asked for an update on REMSA and Renown and if anything was happening on the ground. She also asked about the paramedics coming in. February 6, 2018 30. Presentation regarding the Tonopah Ambulance Service status.-Cont'd. Lorina Dellinger advised Renown indicated February 15, 2018, was the date that occupational medicine and occupational health would be available to the residents of the district. As far as the paramedics, she stated Louis Mendiola with REMSA hoped to be done with interviews and able to introduce the five that would be rotating in Tonopah at the Hospital District meeting on February 15, 2018. Dave Stevens said there should not be a problem when it came to citizens digging up money to get an ambulance and that ambulances and a doctor were needed in Tonopah. The Board took a brief recess. TIMED ITEMS 7. 10:45 — For Possible Action — Public Hearing, discussion and deliberation to adopt, amend and adopt or reject the Nye County Management Employee Association Agreement. Danelle Shamrell, Human Resources Manager, explained the Board approved this agreement in 2012, but the association had board issues as to who was in charge so it sat stagnate. This was a resurrection of that agreement with a few changes mainly in the list of positions. Savannah Rucker advised the total cost of the contract to the general fund was $1,227,635.00. For all other funds the cost was $655,170.00 for a total cost for FY19 for this collective bargaining agreement of $1,882,805.00.

Commissioner Wichman

asked if that was in addition to what was already budgeted.

Ms. Rucker

said no and explained those were the existing position costs for FY19 based on the agreement, but it did include the step increases and increases for annual medical/vision benefits.

Commissioner Schinhofen

pointed out Article 26 stated there shall be no COLA or across the board wage increases during the term of this agreement, which he really liked.

Commissioner Koenig

opened the public hearing. Dwight Lilly asked if who made up the bargaining unit was approved in 2012.

Commissioner Koenig

responded yes. February 6, 2018 7. 10:45 — For Possible Action — Public Hearing, discussion and deliberation to adopt, amend and adopt or reject the Nye County Management Employee Association Agreement.-Cont’d.

Mr. Lilly

said that was unfortunate because that was what he wanted to comment on. There were management supervisory people in this unit which was a violation of the NRS. He was not opposed to people being paid a fair wage and benefit package, but he was opposed to preventing future Commissioners and management people from being able to have at will employees they could manage without having to go through the grievance procedures covered in bargaining unit agreements. John Bosta asked what the NRS was for the Local Government Employee Management Relations Act as he could not find it. He also asked what the County's definition of a management employee was as he could not find that either. It was his opinion a County management employee was a supervisor employee defined by NRS 288.075, which may not be a member of an employee organization pursuant to NRS 288.140(4), and that this organization was an invalid organization as it did not conform to the NRS.

Commissioner Koenig

closed the public hearing.

Commissioner Cox

asked for the reasoning behind this and what the advantage to the public, staff, and management would be.

Mrs. Shamrell

said they requested and had been recognized per NRS. The changes were in place because the agreement they were under expired in 2010 and this was before the Board today to bring it current.

Commissioner Cox

noted they had gone seven years without it. Everything seemed to be running smoothly and she thought maybe changes should not be made. She said she had an issue with unions as it was. As to whether these employees could be in a bargaining unit, Tim Sutton stated yes they could be as they requested recognition. The reason they had to be in a separate union was exactly because of some of the points raised by Mr. Bosta and Mr. Lilly. The supervisory employees needed to be in their own union, not with the existing unions, because someone could not be in the same union as the people they supervised.

Commissioner Schinhofen

said he had spoken against this and while the Board could protest it, the EMRB almost always went with the union anyway. He had a problem with government unions also.

Commissioner Schinhofen

made a motion to adopt; seconded by Commissioner Wichman.

Commissioner Cox

commented she thought the employees were taken care of pretty well without this and that the Board may be opening up a can of worms. February 6, 2018 7. 10:45 — For Possible Action — Public Hearing, discussion and deliberation to adopt, amend and adopt or reject the Nye County Management Employee Association Agreement.-Cont’d.

Commissioner Koenig

opened the public hearing on both items 8 and 9. John Bosta said both of the use permits violated Section 15(2) of Senate Amendment 801 to Senate Bill 487, which stated the board of county commissioners shall not fix, impose or collect a license for revenue or regulations or both on marijuana establishments or medical marijuana establishments located in the county except a marijuana or medical marijuana establishment located in a county outside the limits of unincorporated cities and towns. It was Mr. Bosta’s opinion that County Ordinances 511, 518 and 519 all violated that legislation, and the first application fee of $15,000.00 and the renewal fee of $7,000.00 should be paid to the town, not the County. He thought the Board should stop immediately on items 8 and 9 and review the law before proceeding. John Mueller, appearing on behalf of Acres Cultivation, said they were doing an expansion in Amargosa that he thought was a true benefit to the valley. They had their State approval and were coming back through Planning and the Board to get approval to expand. He hoped the Board would support it. Brian Wulfenstein said he hoped that prior to issuing this proposed expansion the Board would consider that monies due for the first development of the project had not been paid. Mr. Wulfenstein said they were still owed $65,000.00 and there were other contractors who were still owed money for the initial development. There were several liens filed on the property and a lawsuit had been filed against Acres Cultivation. Mr. Wulfenstein said he was not in opposition to the expansion, but he hoped the Board would consider they would like to get the bills taken care of prior to the expansion permit being given. February 6, 2018 8. 11:00 — For Possible Action — Public Hearing, discussion and deliberation on Special Use Permit Application SU-2018-000044-Cont’d. 9. 11:00 — For Possible Action — Public Hearing, discussion and deliberation on Special Use Permit Application SU-2018-000045-Cont'd. Renee Morales stated Acres Cultivation paid their bills. He said this was a great company to work for and he supported them 100%.

Commissioner Koenig

closed the public hearing. Brett Waggoner, Assistant Planning Director, said they reviewed the application and supported it at this point. Darrell Lacy explained this SUP was for cultivation and production. Some of the issues brought up by people indicated issues with the licensing and other NRSs. This was specifically for an SUP, which was planning and zoning under the County's purview per NRS.

Commissioner Schinhofen

made a motion to approve SU-2018-000044 and SU-2018- 000045 based on recommendations of staff; seconded by Commissioner Wichman.

Commissioner Koenig

reopened the public hearing. Pat Minshall said she was an Amargosa Valley Town Board member but was not speaking strictly for the town board. She understood from Mr. Lacy that on December 5, 2017, Acres Cultivation received a 90 day renewal permit, but those 90 days were not up yet. Mr. Lacy also wanted to do an inspection and Ms. Minshall did not know if that had been done. Additionally, Mr. Lacy indicated on December 5, 2017, that they were an advisory board. Mrs. Minshall stated they were not. They were an elected town board and she believed this should have been brought before the town board before it was brought to the Board of County Commissioners.

Commissioner Koenig

closed the public hearing.

Mr. Lacy

confirmed there was an inspection and he was not told of any issues that needed to be addressed. He clarified that on December 5, 2017, the license for Acres Cultivation was discussed. As he said before, the SUP and the license were two separate things. Once the SUP amendment was in place and the project completed, then the SUP would not come back again unless there was an amendment. The licenses came to the Board on an annual basis for renewal, and the 90 day reset that was given last time was to give Planning a chance to do an inspection and make sure they were in compliance.

Mr. Waggoner

added the inspection was done last Thursday. There were no major issues found and the fairly minor ones were corrected while they were on site. February 6, 2018 8. 11:00 — For Possible Action — Public Hearing, discussion and deliberation on Special Use Permit Application SU-2018-000044-Cont’'d. 9. 11:00 — For Possible Action — Public Hearing, discussion and deliberation on Special Use Permit Application SU-2018-000045-Cont'd. Mr, Lacy stated they did provide notice to the Amargosa Valley Town Board to give them an opportunity to make a recommendation and they had not heard back. Ina prior review of this process the town administrator said they had an ordinance in place to address these issues for medical marijuana and that the County should not necessarily expect the town board to have an agenda item to review every one.

Ms. Rucker

then reviewed the departmental budget status reports. She advised there were augments pending due to the cost of living increase for the NCEA employees as February 6, 2018 31. Presentation regarding the budget status through December 2017 for Nye County and all sub-entities for Fiscal Year 2018.-Cont’d. well as a few budgetary issues missed during last fiscal year’s budget process. She explained the reasons for the overages in Human Resources, Public Guardian, Mechanics Department, Treasurer's Office, Tonopah Justice Court, Sheriff's Office, and Public Works. She said there were no funds at this time that were problematic, but they were watching the 911 fund and the building fund as the building fund generated one of the violations that had to be addressed during the audit.

District Attorney Angela

Bello was present.

Commissioner Wichman

commented she went with Ms. Rucker and Tim Sutton to the CLGF meeting on January 30, 2018. After she left that meeting she got no less than three phone calls complimenting her on Ms. Rucker. Commissioner Wichman anticipated the County would be removed from fiscal watch at the April meeting and she had been assured by the director and the deputy director they were putting forward that recommendation to the CLGF.

Mr. Sutton

added he attended a school board training in Reno. The business manager for the organization who put on the training was also a member of the CLGF and spoke very complimentary of Ms. Rucker.

Commissioner Schinhofen

made a motion to read into the minutes the approval from the Department of Taxation; 2) approve the Brownfields Cleanup Revolving Loan Fund Program Loan Agreement for Site Remediation at the Tonopah Public Works Buildings 1 and 2; and 3) execute the loan agreement; seconded by Commissioner Wichman.

Commissioner Schinhofen

read the letter into the record.

Commissioner Schinhofen

made a motion to approve the interlocal agreement to join the solicitation listed and adopt Resolution No. 2018-07; seconded by Commissioner Wichman; 4 yeas.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 4 yeas. PUBLIC WORKS

Commissioner Schinhofen

made a motion to approve the submittal of the airport capital improvement program, seconded by Commissioner Wichman; 4 yeas

Commissioner Koenig

adjourned the meeting. APPROVED this igen day ATTEST: Of Mamely , 2018. th fe ULvee kidman ‘Chair WA Nyé County Clerk / Deputy Zjelly tem 7 What is the NRS for the Local Government Employee-Management Relations Act? What is Nye County definition of a Management Employee? The answer to these two question are not included in Definition of NRS 288.020. Thesaurus provides the list of decision-making (adj.) managerial, administrative, supervisory, & management and a list for manager (n) manager, senior manager, director, administrator, & official. Therefore, it is my opinion that the County’s Management Employee is a “Supervisory employee” defined in NRS 288.075 may not be a member of an employee organization pursuant to NRS 288.140(4). I have based my opioion upon the following NRS’s: NRS 288.020 Definitions. As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 288.025 to 288.075, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1969, 1376; A 1971, 1503; 1975, 918; 1981, 1868; 2015, 3845) NRS 288.050 “Local government employee” defined. “Local government employee” means any person employed by a local government employer. (Added to NRS by 1969, 1376) NRS 288.075 “Supervisory employee” defined. 1. “Supervisory employee” means: (a) Any individual having authority in the interest of the employer to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or effectively to recommend such action, if in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee’s workday; or (b) Any individual or class of individuals appointed by the employer and having authority on behalf of the employer to: (1) Hire, transfer, suspend, lay off, recall, terminate, promote, discharge, assign, reward or discipline other employees or responsibility to direct them, to adjust their grievances or to effectively recommend such action; (2) Make budgetary decisions; and (3) Be consulted on decisions relating to collective bargaining, ~ if, in connection with the foregoing, the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. The exercise of such authority shall not be deemed to place the employee in supervisory employee status unless the exercise of such authority occupies a significant portion of the employee’s workday. 2. Nothing in this section shall be construed to mean that an employee who has been given incidental administrative duties shall be classified as a supervisory employee. (Added to NRS by 1971, 1509; A 1975, 918; 2011, 2899) Respectfully submitted, Node, 7 bate JohfyF. Bosta Feb. 6, 2018 BoCC Agenda Item 7-Comments for the Minutes- John F. Bosat Page 1 2)e6llF llems @ 44 Both the proposed Special Use Permit Applications SU-261 & SU-2018-000046 violates Section 16{2) of the Senate Amendment No. 901 to Senate Bill No. 487; the Board of County Commissioners shall not fix, impose or collect a license tax for revenue or for regulation, or for both revenue and regulation, on a marijuana establishment or medicat marijuana establishment located in the county except a marijuana establishment or medical marijuana establishment located in the county outside of the limits of é 4 jncorporated cities and towns. Chapter 269 of NRS is amended by adding thereto the new sections 18.5(1-7) which gives the town board the authority to fix or collect a license tax on a marijuana establishment or medical marijuana establishment located within the town. It ls my opinion that Nye Co. Ord. 611-Amending Nye Co. Chapter 17.06 relating to Zoning and Special Use Permits for Marijuana Establishments; Nye Co. Ord. No 648-"Administrative Office” & Pahrump Regional Planning Commission; & Nye Co. Ord. 519-Amending Nye Co. Code Chapter 5.32 pertaining to Licensing of Marijuana Establishments are invalid because they designate the authority for all areas in Nye County, including the area within the limits of Pahrump Regional Pianning District. The following is an extraction from the Senate Amendment No. 961 to Senate Bill No. 487: Legislative Counse!’s Digest; Lines 51-53: Sections 16 and 17.6-18.7 of this bill ( limit the regulations and license taxes that a Sections 15 and 17.5-18.7 of this bill Jimit tha regulations and license taxes that a Sections 15 and 17.§-18.7 of this bill limit the regulations and license taxes that a city, town or county may Impose on a marijuana establishment or medical marijuana establishment. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Sec. 15. Chapter 244 of NRS is hereby amended by adding thereto a new section to read as follows: 1_Except as otherwise provided in this section, a board of county commissioners shall not fix, impose or enilect a license tax for revenue or ste A or for both revenue and .requtation, on a marijuana 2. Except as ofherwise provided in subsection 3, a board of county commissioners may fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on a marijuana establishment or medical marijuana establishment located in the county outside of the limits of incorporated cities and towns as a: (a) Flat fee; (b) Percentage of the gross revenue of the marijuana establishment or medical marijuana establishment; or (c}) Combination of a flat fee and a percentage of gross revenue of the marijuana establishment or medical marijuana establishment. 3. The total amount of a license tax imposed on a marijuana establishment or medical marijuana establishment pursuant to subsection 2, regardless of whether the license fax is imposed in the form described in paragraph (a), (b) or (c) of subsection 2, must not exceed 3 percent of the gross revenue of the marijuana establishment or medical marijuana establishment, as applicable, Sec. 18.5. Chapter 269 of NRS is hereby amended by adding thereto a new section to read as follows: 1. Except as otherwise provided in this section, the town board or board of county commissioners in any unincorporated town shail not fix or collect a license tax on a marijuana establishment or medical marijuana establishment located within the town. 2. Except as otherwise provided in subsection 3, the town board or board of county commissioners in any nincorporated town may fix_and collect a ficense_tax on a marijuana establishment or medical marijuana establishment located within the town as a: (a) Flat fee; Gi i es _______ _Y Feb. 6, 2018 Item #8 & #9 - Comment for the Minutes by John F. Bosta Page 1 (b} Percentage of the gross revenue of the marijuana establishment or medical marijuana establishment; or (¢) Combination of a flat fee and a percentage of gross revenue of the marijuana establishment or medical marijuana establishment. 3. The total amount of a license tax imposed on a marijuana establishment or medical marijuana establishment pursuant to subsection 2, regardless of whether the license tax is imposed in the form described in paragraph (a), (b) or (c) of subsection 2, must not exceed 3 percent of the gross revenue of the_marijuana establishment or medical marijuana establishment, as applicable. 4. in addition (o any amount of money collected as a license tax pursuant to subsection 2, the town board or board of county commissioners in any unincorporated town may fix and collect: (a) Any fees required pursuant to chapter 278 of NRS; {b) A one-time flat fee for an application for the issuance of a business license for a marijuana establishment or medical marijuana establishment located within the town in an amount that does not exceed any similar fee imposed on a business pursuant to this chapter and chapter 369 of NRS; and (c) A licensing tax for a business activity engaged in by a marijuana establishment or medical marijuana establishment located within the tewn for which registration pursuant to chapter 453A of NRS or ficensing pursuant to chapter 453D of NRS is not required only if: (1) The town board or board of county commissioners is granted the authority to require such a license by some other provision of law; and (2) The amount of the licensing tax does not exceed the amount imposed by the town board or board of county commissioners on other similar businesses. 5, The town board or board of county commissioners in any unincorporated town shall not enact or enforce any ordinance which is more restrictive than or conflicts with a law or regulation of this State relating to: (a} The packaging, labeling, testing, dosage or potency of marijuana, edibla marijuana products, marijuana products or marijuana-infused products; (b) The kinds of edible marijuana products, marijuana products and marijuana-infused products authorized to be sold pursuant to chapters 453A and 453D of NRS and any regulations adopted pursuant to chapter 453A of NRS; (c} The use of pesticides in the cultivation of marijuana; (d) The tracking of marijuana from seed to sale; (e) The transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products other than the direct transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products to a consumer and a requirement to notify the town of any transportation of marijuana, edible marijuana products, marijuana products or marijuana-infused products; {) The issuance or verification of a registry identification card, latter of approval or written documentation; {g) The training or certification of medical marijuana establishment agents or employees of a marijuana establishment; or (h) The creation or maintenance of a registry or other system to obtain and track information relating to customers of marijuana establishments or holders of a registry identification card or jefter of approval. 6. A person who obtains a business license described in this section is subject to all other licensing and permitting requirements of the State and any other counties and cities in which the person does business. 7. As used in this section: (a) “Edible marijuana products” has the meaning ascribed to it in NRS 453A.107. (b) “Letter of approval” has the meaning ascribed to it in NRS 453A.109 (c) “Marijuana establishment” has the meaning ascribed to ft in NRS 453D.030. (0) “Marijuana products" has the meaning ascribed to it in NRS 453D.030. (e) "Marljuana-infused products” has the meaning ascribed to it in NRS 453A.112. (f} “Medical marijuana establishment” has the meaning ascribed to it in NRS 453A4.116, (g) “Medical marijuana establishment agent” has the meaning ascribed to it in NRS 4534.117. (h) “Registry identification card” has the meaning ascribed to it in NRS 453A.140. (i) “Written documentation” has the meaning ascribed to it in NRS 4534.170. Respectfully submitted, Goon d Bootes $n F. Bosta Feb. 6, 2018 Item #8 & #9 - Comment for the Minutes by John F. Bosta NYE COUNTY AGENDA INFORMATION FORM Od) Action Cl] Presentation C) Presentation & Action Department: Planning Agenda Date: Category: Timed Agenda Item — 11:00 a.m. February 6, 2018 Contact: Darrell Lacy Phone: 775-75] -4249 Continued from meeting of: Return to: Darrell Lacy Location: Planning Phone: 775-751-4249 Action requested: (Include what, with whom, when, where, why, how much ($) and terms} Public Hearing, discussion and deliberation on Special Use Permit Application SU-2018-000044: a request for a Special Use Permit to allow an expansion of an existing marijuana establishment (cultivation), located at 950 E. Anvil Road in Amargosa Valley. Assessor Parcel Number 019-751-03. Acres Cultivation, LLC - Property Owner/Applicant. Complete description of requested action: (include, if applicabie, background, impact, long-term commitment, existing county policy, future goals, obtained by competilive bid, accountability measures) Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 20 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies. Expenditure Impact by FY(s): (Provide detail on Financial Form) {X] No financiat impact Routing & Approval (Sign & Date) {. Dept ee 6. oat 2. Pric 7. HR Date 3 ae 8. Legal m= 4, ua 9. Finance Nag Z IAT 5 Dae 10. County Manager a ae Trema_& NYE COUNTY BOARD OF COUNTY COMMISSIONERS PLANNING DEPARTMENT STAFF REPORT Meeting Date: February 6, 2018 AGENDA ITEMS 11:00 - For Possible Action — Special Use Permit Application SU-2018-000044: Public hearing, discussion and deliberation on a request for a Special Use Permit to allow an expansion of an existing marijuana establishment {cultivation), located in Amargosa Valley at 950 E. Anvil Road, Assessor Parcel Number 019-751-03. Acres Cultivation, LLC — Property Owner/Applicant. GENERAL INFORMATION SUMMARY Acres Cultivation has been approved by Nye County for both medical and recreational marijuana cultivation and production on the subject property. Special use permits were approved for medical and recreational marijuana cultivation and production. Applicant is requesting to amend the special use permits to allow for an expansion of the facility. Applicant requests to add an additional nine (9) greenhouse structures for cultivation, additional! trimming/drying metal buildings, and additional production areas. The subject SUP application is specificafly to allow expansion of the cultivation facilities. A separate SUP application accompanies this request and is specific to expansion of the production facilities. See attached justification letter and supporting documents from Acres Cultivation for specific details. Water: Analysis of the potential impact of the proposed project on community water resources: Community Source Water Protection Plan (CSWPP): Proximity of the proposed project to Public Water System(s)/Source Water Protection Area(s): The proposed project is not located within any public well Capture Zone. The nearest public wells are located more than one (1) mile from the subject property (see map below from Nye County Community Source Water Protection Plan). Nye County Community Source Water Protection Pian Water Quality. Impact on Existing Groundwater Quality: Coutd the proposed project/land use potentially cause or contribute to the degradation of groundwater quality/is the proposed land use considered a Potential Contaminant Source? (Yes/No — Table E- 1): Yes. Class: Agricultural. Source: Chemical Application (e.g. pesticides, fungicides, & fertilizers). Risk Level (Low/Moderate/ High): High Contaminant Categories: B and C B = Synthetic Organic Compound C = [norganic Contaminant Water Quantity. Estimated Water Use: Information provided by Acres Cultivation: Acres currently has 74 acre feet of water on the existing property. We believe we are using about 7 acre feet for our 42,000 sq. ft. greenhouse and buildings. Applicant estimates they will be using about 35 acre feet total after expansion. RECOMMENDATION Recommended BOCC Motion: “| motion to {options include: approve, deny, continue, or take no action on) Special Use Permit Application SU-2018-000044.” MNAVAUOS cant r/Applicai —_ a> wne on eres me a.) Li. 4 ing ~ 950 Anvil Rd. - : r ‘ Li SSog onh's _-SU-2017-000044 & 45 CABALLERO Utes ec e 4 t= 3 ‘Acres Cult ivation, i 950 Anvil Rd. — Fi nent Fh wits BOCC PANY r Hearing * —= t ed 1 — 6 Feb 2018 019-751-03 2 s 5 53 @ RANCHES oe re OE Tee rat PE SS arta thin Sarr SPECIAL USE PERMIT APPLICATION NYE COUNTY, NEVADA Seo Reverse for Gubmittal Raquiraments AREA BETWEEN DOUBLE LINES FOR STAFF USE ONLY APPLICATION TYPE: paterien: |) , 14- De (7 | appuicarion numeer: SU 2 O IS -Q000 4 4 ( SPECIAL USE PERMIT processtany: yy soccueermsoare: P-B. QolS (MARIJUANA APPLICATION : po FEE: co ADVERTISE DATE: JALMARLAJANA AMENDMENT 4 190. CULTIVATION RECEIPT #: 7242 oO PROPERTY OWNERS NOTIFIED. FOR ALL i SPECIAL USE PERMIT | re.atencasenos: : APPLICATIONS IN NYE COUNTY FINAL ACTION MEMGRANOUWN ISSUED: OOES THE PROPOSED PROJECT CONFORM TO THE APPLICABLE LAND USE PLAN DESIGNATION? Ye 5 (CLEARLY PRINT ALL INFORMATION USING INK OR TYPE} PAoPERTY owneR: Acres Cultivation, LLC apeicant: Acres Cultivation, LLC ALL MATL FOR THIS APPLICATION BHOULD BE ADDRESSED TO: naue:_Acres Cultivation, LLC aAopress: 2320 Western Avenue cny:__ Las Vegas state: NV zp cone: 89102 tevepnowe:_ 702-399-4200 Faxicei: 702-850-0072 ASSESSOR'S PARCEL NUMBER(S}: _O19-751-03 LEGAL DESCRIPTION: PROPERTY ADDREBS AND NEAREST CROSS STREETS: _950 Anvil Rd. Amargosa, NV. 89020 GROSSINET ACREAGE: 37.72 1$ THE SUBJECT PROPERTY LOCATED WITHIN THE PAHRUMP REGIONAL PLANMING DISTRICT (PRPO}? 1 YES RN CURRENT ZONE CLASSIFICATION JF PROPERTY IS LOCATED WHHIN THE PRPO:__N/A existinc Lan use: 400 PRESENT LAND USE PLAN DESIGNATION (CHECK APPLICABLE 80X AND INDICATE EXISTING LAND USE PLAN DESIGNATION}: C1 RYE COUNTY COMPREHENSIVEMABTER PLAN LAND USE DESIGNATION: D PRPD MASTER PLAN LAND USE DESIGNATION: Pf AMARGOSA VALLEY AREA PLAN LAND USE DES/ONATION: O OTHER ADOPTED LAND USE PLAN DESIGNATION (TONOPAN, BEATTY, ETC): PROVICE A BRIEF SUMMARY OF YOUR REQUEST: prove a DeTALED DEtCO>TION IW AN ATTACHED JUSTIFICATION LETTER itt! (2) 8,000 sft Marijuana Trimming/Drying Metal Buildings and 20,0000 sft of Marijuana Production Facilities Special Vee Perma Applicailon Effective Maren 2017 “* * Prior to submitting this application, please call (778) 761-4249 (Pahrump Office) of to schedule an appoltntment * * * fl Wo), the undersigned swear and cay thet () am, Wa are) the owner(s] of record on tho tan rolls of the property Involved in this appilcaiion, or (am, ara} otherwise qualified to initiate this application under Mye County Code; that the Information on the plans and drawings attached hereto, end ell of the atatements and anawere contslned herein ara [nell respects tue and correct to the best of my knowledge and belfef, and the undersigned undarstands that this apptication must ba complete end accurate before 9 hearing can be conducted, {l, We) also authorize tha Nye County Planning Oepariment end Imm dasignes, to enter the premises of the property subjact to this appHeation for the purposes af gathering Informstion for the purpose of edvising the public of the proposed applicalion. * on we ~ Dxcrex aaa! ~~ “Properly Owawe bigisians sy mello, Chihe, aie Hafary 7 State af ( ats County af C rh Ke. a . U Signed and sworn to {or affirmed) before me on thia oP dey of : 70 by din : AMY BOWRON - i Aas : 4 Sat ———— a eee a L ——“DUCUMGNTOT Regu lred for Submitting Spectal Use Parmit Applications | u J Property ii Business ate Trsfic impact | Straighiéna | Guppterentst | Applicaton APPLICATION TYPE | Apptcaton | Sie Plan pelt Deed | "Pha Letter Analysis Drawing =| Information Foo ee — oe — & 5 -~-—- —————+--—______ | $350 + $175 i F w ' a , in advertising Special Use Permit ' 1 a { 1 1 4 1 t endnoteny fea —— —_——+F >_—-~- —-4 ene aueeeiel —~_— . eee 1 » " " " au r i $1,500.00 ioe 8 ert el [ete Ti AS b I a eee! | _ = Mafpana 1 re " ‘ina a " ae " + $750.00 Amendments rt | a eer: i al : Beier Peseta cee Superscript nates on live ible rales to tha same Wem number on the Expl of tha B t Subentiel Requroments for Special Use Permil Applications Pp ros for Fiil ectal Use Permit Applications: A After assembling the required materials as outlined above, schedule an appointment by calling the Nye County Planning Department al (775) 751-4249 (Pahrump Olfice) or (775) 482-8184 (Tonopah Offica) Filing an application without an appointment may delay your application processing and/or schedutad hearing(s} Only completed applications shall be accepted for filing. 8 ATTENDANCE AT ALL SCHEDULED MEETINGS |S MANDATORY ~ you may assign an agent to speak on your behalf. Failure to appear al any meeting may result in delays CG Stall Report: To discuss a report or recommendation, contact the Planning Department to rasclve concerns Prior to the hearing DA letter indicating the Board's decision and all conditions of approval will be sent io the comespondent addrats on the application AH conditions must be mat before an occupancy permil or a busingss licanse will be issued. The Board's decision is final action unless appealed. Any person who is aggrieved by a final decision of the Board relatng to a special use permit may appeal that dacision to {he Distric! Coun in accordance wilh NCC 16 36 E The Board has the aulhority to impose conditions, restrictions, safeguards and date of expiration on any special use permil that is granted to ensure the health, safety and walfate of the public. Failure to comply with such conditions shall be daamed as a violation Any Such persan who knowingly continues tha violation afler receiving written notification of the violator is guilty of a misdemeanor Nye Counly Planning Department yoy NYSE OUrly. nel PAHRUMP OFFICE 250 N. Highway 160. Sule 1 Pahrump, NV ag080 Phone: (775) 751-4249 Spectal Use Parmit Application Eactive March 2017 ACRES Date: December 29th, 2017 To: Nye County Director of Planning Regarding: Acres Cultivation, LLC, 950 Anvil Rd, Amargosa Valley, NV 89020 Acres Cultivation is a fully operational cultivation and production facility operating within all the guidelines established in Nye County and the State of Nevada. Acres Cultivation is requesting to expand the operation to meet the demands of the Nevada market, with the following: * Expand the Cultivation area from 45,472 sft to 248,096 sft. These structures will be of similar quality to existing greenhouse and metal building structures. * Expand the Production area from 3,200 sft to 23,200 sft. These structures will be of similar quality to existing metal building structures. * With the expansion, Nye County will see an Increased tax revenue. * With the expansion, Amargosa Valley will see increased tax revenue. * With the expansion, Acres will be adding in excess of 50 employees. We appreciate your efforts to support Acres expansion of the existing business and the development of the Amargasa Valley community. Best Regards, n Mueller Manager | Acres Cultivation 950 Anvil Road + Amargosa Valley, Nevada 89020 + (702) 850-0072 RE fe i a eat a 23 in| ties NWid 31S 2 2 20 OT NOIWALLINO S3UO¥ Sonn qty Et So ! soetulincboses Sts owty eee a TEE ore - rp Aen an “ae WCU base au, = ew 5 ree ee 2 es es ek dy wort Ga feta err | wrse | aeily - Se oy See ee ee nike! BBE . Sm aber ome ce ne ms be see ok 5 ee eee = MQWOMs Fatt nee Prose Cua Trea: sae | Prt “ Cutest ROL Owe wpuecit ' ow ee eee -- he r=. Ghwatcey ' 3 8 H%4.= = 32 ae a ge pee en eee 5 x eu Ores me exiseme Fire Lene Cu; eeatn Cua | are MEET: Cie Irate ARON rae retire eaceity tomy wuss PANG Resee Ginette wr ' Nike ' Bias STATE OF NEVADA DEPARTMENT OF TAXATION Web Site: http:W/tax.nv.gov 1860 Cofloga Parkway, Suito 116 Carson Cily, Nevada 9708-7937 Phong: 1775) 684-2000 Fes: (775) 684.2070 DORIAN SAMUOVAL Governor LAS VEGAS OFFICE JAMES DEVOLIAD Gront Sawym Offica Building. Sultat300 Crear, Nevada Tar Comatsstge 355 E. Washington Avonua OLOHNEE CONTING Lou Vegas. Novada 69761 deans Director Prone (7021485 2300 Far (7021496 2379 November 7, 2017 Amy Bowron Acres Cultivation, LLC 1129S. Casino Center Blvd. Las Vegas, NV 89104 Subject: Floor phin/Facility Change for Acres Cultivaiton LLC. (C013) Dear Ms. Bowron, RENO OFFICE 4505 Kletrhs Lane Buliding L. Suite 236 Rano, Nevada 89502 Phong: (775) 687.9999 Fou: (775) 688.1308 HENDERSON OFFICE 2550 Passo Verds Patkveny. Suita 196 Handotson, Nevada 89074 Phona: [7021 486-2300 Fos: 17021 486-3377 The below changes requested for your cultivation facility have been reviewed and APPROVED: Your plans for additional greenhouse facilities are approved. If you have any questions, please feel free to contact us a (775) 684-4287 for Northern Nevada establishments and (702) 486-5403 for Southern Nevada establish ments. Sincerely, | — C. Jacebsow Christopher Jacobson, MHA, Marijuana Program Inspector {| Department of Taxation, Marijuana Enforcement Division NYE COUNTY AGENDA INFORMATION FORM CX] Action C] Presentation C) Presentation & Action Department: Planning Agenda Date: Category: Timed Agenda Item - 11:00 a.m. February 6, 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) Public Hearing, discussion and deliberation on Special Use Permit Application SU-2018-000045: a request for a Special Use Permit to allow an expansion of an existing marijuana establishment (production), located at 950 E. Anvil Road in Amargosa Valley. Assessor Parcel Number 019-751-03. Acres Cultivation, LLC — Property Owner/Applicant. Complete description of requested action: (Include. if applicable, background. impact, long-term commitment, existing counly policy, future goals, obtained by competitive bid. accountability measures) Any information provided alter the agenda is published or during the meeting of the Commissioners will require you to provide 20 copies: one for each Commussioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies. Expenditure Impact by FY(s): (Provide detail on Financial Form) [EX] No financial impact Routing & Approval (Sign & Date) 1. Dept Pas 6. thas 2. Pac 7.HR te 3. Due 8. Legal Dye 4. one 9. Finance / WAC 5. Dawe 10. County Manager (Dfiace on Agenda | ITEM # 4 BILL NO. 2017-08 NYE COUNTY ORDINANCE NO. 518 SUMMARY: An Ordinance Amending Nye County Code 16.28.110, Division of Land relating to “Administrative Officer’ and the authorities as delegated by the Pahrump Regional Planning Commission, amending requirements for what standards may be considered for a minor modification, providing for the severabllity, constitutionality and effective date thereof; and other matters properly related thereto. TITLE: AN ORDINANCE AMENDING NYE COUNTY CODE 16.28.110, THE DIVISION OF LAND WITHIN THE PAHRUMP REGIONAL PLANNING DISTRICT REGULATIONS RELATING TO “ADMINISTRATIVE OFFICER” AND THE AUTHORITIES AS DELEGATED BY THE PAHRUMP REGIONAL PLANNING COMMISSION, AMENDING REQUIREMENTS FOR WHAT STANDARDS MAY BE CONSIDERED FOR A MINOR MODIFICATION, PROVIDING FOR THE SEVERABILITY, CONSTITUTIONALITY AND EFFECTIVE DATE THEREOF; AND OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, pursuant to NRS 278.020, for the purpose of promoting the health, safety and the generat welfare of the residents of Nye County, the Nye County Board of County Commissioners (Board) is authorized and empowered to regulate and restrict the improvement of fand and to control the location and soundness of structures; and WHEREAS, NRS 278.090 empowers the Board of County Commissioners to establish the Regional Planning Commission to act on certain planning-related matters as authorized by the Board of County Commissioners in accordance with NRS 278.010 thru 278.630, inclusive; and WHERAS, Nye County Code 16.28.110 required that the Board appoint person(s) in the capacity of “Administrative Officer’ in order that certain actions may be taken In accordance with Nye County Code 16.28; and WHEREAS, The Planning Commission has given certain authorities to approve, conditionally approve or disapprove specific division of land maps to the Administrative Officer pursuant to Resolution No. 2002-04, and WHEREAS, In order to maintain operational efficiencies, these authorities need clarification; and NOW, THEREFORE, the Board of County Commissioners of the County of Nye, State of Nevada, does hereby adopt, promulgate and order compliance therewith within’ NYE COUNTY CODE CHAPTER 17.064 IS AMENDED AS FOLLOWS: 1 16.28.110; ADMINISTRATIVE OFFICER: administrative officers shall be given the ere ibility for ensuring orderly and expeditious processing of reversions of divided land into acreage, boundary line adjustments, and division of land applications. B. The administrative officers shall have the authority to approve, conditionally approve, or disapprove the following residential mapping actions involving up to eleven (11) acres); boundary line adjustment maps, reversion to acreage maps, merger and resubdivision maps, minor parcels maps and amendment of plats, as long as street improvements, water or sewer line improvements or other public improvements are not required; and to approve minor modifications to previously approved tentative subdivision maps that are in substantial compliance with the originally approved maps. Substantial compliance shall be deemed to be: 1. Less than a one-half percent ('/2%) increase in residential density. 2. No decrease in the amount of open space provided. 3. No increase in the amount of land area covered by the map. 4, No modification involving relocation of land use classifications (e.g., residential, commercial, industrial, etc). 5. Rearrangement of internal street pattern is permissible in order to increase efficiency of traffic patterns, utility services and improve drainage. 6, Consistent with the spirit and intent of the original plan of development. 7. Will not be materially detrimental to the public health, safety, or general welfare, or injurious to the property or improvements in the vicinity. 8. Will not constitute a special privilege inconsistent with the limitations upon other properties in the vicinity. C. No request for a minor modification shall be combined with a previous or future waiver application in order to achieve a greater modification. D. Should any of the applications over which an administrative officer has authority be administratively disapproved, the matter shall be scheduled for review and action by the regional planning commission in accordance with this code. SEVERABILITY. If any provision of this ordinance or amendments thereto, or the application to any person, thing or circumstance is held to be invalid, such invalidity shall not affect the validity or provisions or applications of the ordinance or amendments thereto which can be given effect without the invalid provisions or applications, and to this end the provisions of this ordinance and amendments thereto are declared to be severable. 2 CONSTITUTIONALITY. If any section, clause or phrase of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, the remaining provisions of this ordinance shall continue in full force and effect. EFFECTIVE DATE, This Ordinance shall be in full force and effect from and after passage, approval, and publication as required by law, to wit, from and after the 5"" day of June, 2017. Proposed on the 16" day of May, 2017 Proposed by: Commissioner Koenig Adopted on the 16" day of May, 2017