April 3, 2018

Commissioner Borasky

and Sheriff Wehrly were not present at this time.

Commissioner Wichman

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

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Cox

said under item 9 on page 17 of the February 20, 2018, minutes the woman's name should be Arlette Newvine, not Arlene Newine.

Commissioner Wichman

amended her motion to include those corrections; Commissioner Schinhofen amended his second; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

said the Emeritus Committee would hold a workshop on Friday, April 6, 2018, from 10:00 a.m. to 12:00 p.m. on how a bill became a law in the Nevada Legislature. County officials and staff were all invited and it would be held in Tonopah as well as Pahrump televised from Carson City. The workshop was also eligible for CPO credit.

Commissioner Cox

advised the Republican Central Committee would hold candidate debate nights on April 6 and 7, 2018, at the Ruud Community Center at 6:00 p.m.

Commissioner Schinhofen

believed the Commissioner candidates would be on Saturday from 2:00 p.m. to 4:00 p.m. He then said he would like staff to continue to look at right-of- ways that needed to be acquired. Also, anytime the County pulled property off of the Treasurer's trust if they did not have right-of-ways staff should make sure that was done. TIMED ITEMS

Sheriff Wehrly

was present. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

Commissioner Cox

mentioned the parking lot at the courthouse which had big cracks and was coming apart. Tim Dahl, Acting Public Works Director, advised he met with Mark from B&G and they were discussing a couple of alternatives to take care of those issues which were a result of aging asphalt.

Commissioner Borasky

asked Mr. Dahl to im mediately address the sign at the Calvada waterfall which had been hit and was now blocking the sidewalk.

Mr. Dahl

said he already asked Wade to take a look at that and he would make sure it happened.

Commissioner Schinhofen

said he was asked by a number of people at the VFW to look at putting in a left turn lane into one of their driveways. He asked Mr. Dahl to look into it and get back to him.

Commissioner Borasky

said he would like to get with NDOT to see if there was a possibility when coming up Homestead to Highway 160 that there coutd be two left turn lanes created as the traffic backed up quite a bit there and that was very dangerous.

Commissioner Schinhofen

explained the County needed to rip the evergreens out of the center on Calvada at Highway 160. He then asked to have an item put on the RTC agenda and back on this agenda to comment on the matter that Horace Carlyle brought forward to see what the County could comment to NDOT about their plans. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Wichman

assumed the Chair of the Licensing and Liquor Board. LIQUOR

Commissioner Schinhofen

noted that the Sheriff's staff supported this action and if they were working there then they were checked by the FBI.

Sheriff Wehrly

clarified they were checked by the FBI, but they did not have a current health certificate and suggested having the item brought back in two weeks.

Commissioner Schinhofen

made a motion to bring this item back in two weeks; seconded by Commissioner Koenig.

Commissioner Wichman

pointed out that what was mentioned in the back-up was the wait for the FBI check, not the health certificate.

Commissioner Schinhofen

pointed out this was listed as a permanent license and then it said temporary. He asked if everything was in order now, which Detective Chris Sehnert confirmed.

Commissioner Schinhofen

made a motion to grant a permanent liquor license to O'Happy Bread; seconded by Sheriff Wehrly; 6 yeas.

Commissioner Wichman

stated this was the second time the back-up information had been submitted without being redacted. She thought the Sheriff's staff needed to know they had a responsibility to protect the applicants by redacting their personal information before that information was sent to anyone for any reason and asked Sheriff Wehrly to please pass that on.

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 based on staff recommendation to set the date and time as May 22, 2018, at 10:00 a.m.; seconded by Commissioner Wichman; 5 yeas. April 3, 2018 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY

Commissioner Schinhofen

made a motion based on staff recommendation to set the date and time as May 22, 2018, at 10:00 a.m.; seconded by Commissioner Wichman; 5 yeas. GABBS

Commissioner Schinhofen

made a motion based on staff recommendation to set the date and time as May 22, 2018, at 10:00 a.m.; seconded by Commissioner Wichman: 5 yeas. MANHATTAN

Commissioner Schinhofen

made a motion based on staff recommendation to set the date and time as May 22, 2018, at 10:00 a.m.; seconded by Commissioner Wichman: 5 yeas, AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT

Commissioner Schinhofen

made a motion based on staff recommendation to set the date and time as May 22, 2018, at 10:00 a.m.; seconded by Commissioner Wichman; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS FINANCE

Commissioner Schinhofen

made a motion based on staff recommendation to set the date and time as May 22, 2018, at 10:00 a.m.; seconded by Commissioner Wichman; 5 yeas. April 3, 2018 BOARD OF COMMISSIONERS 20. For Possible Action — Closure of meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 21. Closed meeting, pursuant to NRS 288.220 for purposes of conferring with the County’s management representatives regarding labor negotiations, issues and other personnel matters. This item was removed from the agenda. 22. For Possible Action — Discussion and deliberation on labor negotiations, issues and other personnel matters presented in closed meeting. This item was removed from the agenda. 23. For Possible Action ~ Discussion and deliberation to appoint a Commissioner liaison / representative to the Indigent Defense Program.

Commissioner Wichman

felt because of the County Manager's unique history, if he would be willing to accept she would like to have him as the liaison, but asked if a Commissioner was required. Lorina Dellinger responded no, but said staff was asking the Commissioners to now oversee this program for transparency. Additionally, considering the ACLU litigation staff would like to promote the transparency of the program and bring the contracts for the public defenders to the Board for approval along with having a Commissioner as liaison. Tim Sutton said he also had a conflict as his brother-in-law was one of the contract holders, which was why this was being shifted from his purview.

Commissioner Cox

volunteered to be the liaison.

Commissioner Schinhofen

made a motion to appoint Commissioner Cox; seconded by

Commissioner Koenig

; 3 yeas. Commissioners Wichman and Borasky voted no.

Commissioner Wichman

asked Mr. Sutton and Mrs. Dellinger to follow this as Mr. Sutton had the experience with indigent defense. 24. For Possible Action — Discussion and deliberation to consider expanding the use of the shooting range for public use located on the Nye County Multi- urpose Training Facility site located at 2871 E. Mesquite in Pahrump, Nevada.

Commissioner Schinhofen

said he requested this item as he was asked by a few people over the last few months why there was no shooter's site. While the belief was the County would get the Bell Vista site, there was a need to know what it would cost to construct another shooter's site for the general public. April 3, 2018 24. For Possible Action — Discussion and deliberation to consider expanding the use of the shooting range for public use located on the Nye County Multi-Purpose Training Facility site located at 2871 E. Mesquite in Pahrump, Nevada-Cont'd

Commissioner Schinhofen

made a motion to direct staff to bring back the cost to build and operate a site, look at the Mesquite site for a public range separate from the Sheriff's training range, and consider the Bell Vista site; seconded by Commissioner Wichman.

Commissioner Borasky

said he had identified another site with Planning above the BLM gravel pits. He was still waiting to hear back from BLM if they would consider that as a future site and that one would be financed privately.

Commissioner Schinhofen

amended his motion to add Commissioner Borasky's site into the calculations; Commissioner Wichman amended her second. Beth Lee and James Andresen from Valley Electric were present. Mr. Andresen stated Valley Electric supported a public shooting range, however, not a range around their transmission or distribution facilities as it could be dangerous for the public if the lines were hit with a bullet and landed on the ground. Debra Strickland said she agreed with Valley Electric as there was an instance with a former shooter's site where the Valley Electric lines were hit. She then asked the members of the audience who supported the establishment of a shooting range to stand and a majority did. Mrs. Strickland offered her help with the cost projection. Lorina Dellinger advised at the request of Commissioner Schinhofen POOL was contacted about this. They want to ensure best practices were employed before entertaining the exposure. Mrs. Dellinger said the usage of range consultants to comply with industry best practices was already being looked into.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Schinhofen

made a motion finding he was no longer capable and of use, to surplus him, allow him to be retired to John Teeter, and authorize the County Manager to sign the agreement; seconded by Commissioner Wichman; 5 yeas. TREASURER 26. For Possible Action — Treasurer’s Update. Treasurer Pam Webster advised her office was doing a three month combined report because the December report was not done. Adjusting journal entries for the audit report were done in February which cleared up a lot of reconciling items so she would give a consolidated report at the next meeting. Her goal was to give a report at the same time the Comptroller was doing the budget reports just to have consistency and correlation.

Mrs. Webster

then discussed the two items in the corrective action letter specific to the Treasurer's Office. The first one was noted to be corrected through the audit report, which was the correction of the investment postings throughout the year for FY17. She pointed out FY18 was also corrected in December before the retirement of the chief deputy. The second part of that was bank statement visibility to the Comptroller, and the interim allowance made for the Comptroller to have visibility to the bank statements during the time between Treasurers had been made permanent. Staff's visibility to the bank statements had also been expanded. The second item was cross-training and secession planning. Mrs. Webster advised they had multiple training sessions with Finance, both formal and informal. Finance had done several process improvement actions for the office in the form of templates. There were now weekly staff meetings and she had distributed the ADS user’s manual to everyone. All staff was now receipting and payroll and vendor check processing had become a shared activity as well. She said they were processing and developing schedules with screen shots, directions, shortcuts and hints about how to do many of the processes.

Mrs. Webster

said it had been two months since she had been doing this and in that time she had met with all banking representatives, had conference calls scheduled, had met with the investment broker to review the portfolio, and she joined the Nevada Treasurer's Organization. She still needed to go to Carson City to meet with the Department of Taxation, but she wanted to do that once the budget cycle was over. From the processing standpoint, Mrs. Webster emphasized everything was still processing and nothing had shut down. She said in the future they would continue to document processes and coordinate with the new system as well as review and rewrite job descriptions to bring them up to what April 3, 2018 26. For Possible Action — Treasurer’s Update-Cont’d. the new structure would be in the department. She also planned to hire a new chief deputy around the June/July timeframe once the structure was in place. The Board took a brief recess 9. 10:45 — For Possible Action — Public Hearing, discussion and deliberation to issue an Outdoor Festival License to Live A Little Productions, Inc. for the Monster Truck insanity Tour to be held on April 21, 2018 at the Petrack Park Arena, 150 Nevada Highway 160, Pahrump, Nevada.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. 28. For Possible Action — Discussion and deliberation to: 1) determine that a public purpose may be served by the acquisition of the real property more particularly described as Assessor's Parcel Nos. 035-722-27 & 035-722-28 held in trust by the Nye County Treasurer; and 2) consider the application to the Board of County Commissioners for permission to acquire the real property described as Assessor’s Parcel Nos. 035-722-27 & 035-722-28.

Commissioner Schinhofen

made a motion to acquire the parcel numbers as listed and consider the application to the Board of County Commissioners for permission to acquire the properties described; seconded by Commissioner Wichman.

Commissioner Wichman

asked what the established public purpose was. Darrell Lacy, Natural Resources Director, explained when subdivisions had problems the parks and other open space areas ended up getting purchased by individuals who came back and tried to put developments on those open spaces. He said one parcel was a park and one was a well site to support Ishani Ridge.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Borasky: 5 yeas. PUBLIC PETITIONER

Commissioner Schinhofen

made a motion to approve the proclamation of May, 2018, as Wildfire Awareness Month; seconded by Commissioner Borasky; 5 yeas.

Commissioner Schinhofen

made a motion to approve the proclamation; seconded by

Commissioner Wichman

. Sean Flignor, speaking on behalf of Marsy's Law, thanked the Board for their continued Support. He asked everyone to vote yes on Question 1 in November to grant victims’ rights for everyone.

Commissioner Schinhofen

said the waiver would have to be done first and this was to allow for outdoor cultivation of marijuana. It was not originally allowed in the County Code because the State did not allow it, but when the State went to recreational they worked in an outdoor grow. He noted he had said before he would not approve outdoor unless the local April 3, 2018 10a, Public Hearing, discussion and deliberation on Special Use Permit Application SU-2018-000049-Cont’d. 10b. Public Hearing. discussion and deliberation on Waiver Application WV-2018- 000067-Cont'd. governing board approved it and Commissioner Schinhofen understood Amargosa voted 3- 2 to approve this.

Commissioner Schinhofen

made a motion to approve waiver WV-2018-000067 and SU- 2018-000049; seconded by Commissioner Wichman.

Commissioner Koenig

opened the public hearing. John Mueller from Acres Cultivation explained this was an expansion of the existing business. This motion would add an additional 20 good paying jobs in the area and allow them to add a secondary armed guard on the property.

Commissioner Koenig

closed the public hearing.

Commissioner Borasky

noted page 3 said the risk level was high for chemical application. That caught his eye as he was familiar with those chemicals and he could not support this item.

Mr. Mueller

stated they were pesticide free and he was not sure where Commissioner Borasky got that information. Everything on the property was organic as it was a requirement under the testing results. He said they used lady bugs to kill spider mites along with all kinds of other unique ways because if chemicals that were dangerous to the water were sprayed then the plants were going in the dumpster with the current testing requirements. Darrell Lacy explained this was a holdover from the resource water protection plan done about five years ago. All agricultural operations would show up as a high risk due to the potential for pesticides and herbicides. That was addressed through the process by seeing what activities they were doing, so part of the annual monitoring was a well to take samples from to make sure there was no groundwater contamination.

Commissioner Schinhofen

said they had to abide by the two fence thing as required by the State, and the product was tested, so he was very comfortable.

Commissioner Borasky

voted no. April 3, 2018 COUNTY MANAGER 30. For Possible Action — Discussion and deliberation regarding Bill Draft Requests (BDRs) Nye County submits for the 2019 Legislative Session. Lorina Deliinger explained the list was what was discussed in 2016 for the 2017 session to give the Board some ideas, but it would be prioritized over the next few months and data would be brought back to the Board.

Commissioner Schinhofen

said his first choice was to get rid of government unions as he did not think they should exist.

Commissioner Koenig

said he wanted to add changing the language to may instead of shall for the fire district.

Commissioner Wichman

asked to have the existing language included with the proposed changes in the back-up, and if it was something new then a piece of paper that gave the concept so the Commissioners knew what was being talked about by the small titles.

Commissioner Schinhofen

asked to have this brought back once a month to narrow it down.

Mrs. Dellinger

advised the deadline was on or before September 1, 2018. 31. For Possible Action - Discussion and deliberation regarding Nye County Proclamation No. P2018-03: A Proclamation Recognizing April 2018 as National County Government Month.

Commissioner Schinhofen

read the proclamation into the record and encouraged the residents to take a look at how many of the services that affect them every day were provided by their local government and local county.

Commissioner Schinhofen

made a motion to adopt the proclamation; seconded by

Commissioner Wichman

. Lorina Dellinger said Public Information Officer Arnold Knightly would push information out throughout the month about the County programs and services. She also encouraged people to visit the County Web site and sign up for social media accounts. Mrs. Dellinger mentioned during this month the mobile dental program was also happening throughout the rural areas.

Commissioner Wichman

asked about REMSA’s activities with the paramedics.

Mr. Payne

said they were pretty much on track. They were hoping for April 1, 2018, but that was slightly delayed. REMSA issued a calendar showing three paramedics in town in the next week or so on 24 hour shifts, so they were working 48/96, and they were already scheduled all the way out to the end of December. Dave Stevens said that was great news. FINANCE 34. For Possible Action — Discussion and deliberation to adopt, amend and adopt. or reject Nye County Resolution No. 2018-15: A Resolution Authorizing the Granting of Funds to Nonprofit Organizations to Facilitate Adoption of Animal Events and Spay and Neuter Clinics.

Commissioner Schinhofen

made a motion to adopt Resolution 2018-15; seconded by

Commissioner Wichman

; 5 yeas. HEALTH & HUMAN SERVICES 35. For Possible Action —- Discussion and deliberation for approval of Amendment Number 1 to the Interlocal Agreement between Clark County and Nye County for the Ryan White RFQ No. 604274-16 for Medical, Core and Support Services for HIV/AIDS Infected and Affected Clients in the Las Vegas, Ryan White, Transitional Grant Area. The Amendment is to renew and extend the agreement for a one-year period from 03/01/2018 to 02/28/2019. This grant is administered out of Project G17061 and there is no County match required.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. April 3, 2018 PLANNING/BUILDING/CODE COMPLIANCE 36. For Possible Action - Discussion and deliberation on Medical Marijuana Establishment License Annual Renewal Application MM-2018-000055: A request for annual renewal (pro-rated to June 30, 2019) of a Medical Marijuana Establishment License for a medical marijuana establishment (cultivation) located at 9680 S. Oakridge Avenue, Pahrump, NV. Assessor Parcel Number 044-851-30. Fortress Oakridge, LLC — Property Owner. CW Nevada, LLC - Applicant. 37. For Possible Action — Discussion and deliberation on Medical Marijuana Establishment License Annual Renewal Application MM-2018-000056: A request for annual renewal (pro-rated to June 30, 2019) of a Medical Marijuana Establishment License for a medical marijuana establishment {production) located at 301 S. Oxbow Avenue, Pahrump, NV. Assessor Parcel Number 038-244-09. Eugene & Nelda Fay Toy Trust — Property Owner. CW Nevada LLC - Applicant. 38. For Possible Action — Discussion and deliberation on Medical Marijuana Establishment License Annual Renewal Application MM-2018-000057: A request for annual renewal (pro-rated to June 30, 2019) of a Medical Marijuana Establishment License for a medical marijuana establishment (cultivation) located at 9680 S. Oakridge Avenue, Pahrump, NV. Assessor Parcel Number 044-851-30. Fortress Oakridge, LLC — Property Owner. Nye Natural Medicinal Solutions, LLC dba NuVeda LLC ~ Applicant, 39. For Possible Action — Discussion and deliberation on Medical Marijuana Establishment License Annual Renewal Application MM-2018-000058: A request for annual renewal (pro-rated to June 30, 2019) of a Medical Marijuana Establishment License for a medical marijuana establishment (production) located at 301 S. Oxbow Avenue, Pahrump, NV. Assessor Parcel Number 038-244-09. Eugene & Nelda Fay Toy Trust — Property Owner. Nye Natural Medicinal Solutions, LLC dba NuVeda LLC — Applicant.

Commissioner Schinhofen

made a motion to approve MM-2018-000055, CW Nevada; approve MM-2018-000056, CW Nevada; approve MM-2018-000057, Nye Natural Medical Solutions; and approve MM-2018-000058, Nye Natural Medical Solutions; seconded by

Commissioner Wichman

. John Bosta requested his comments be reflected in the minutes and submitted a statement for inclusion with the minutes [see attached]. He said it was im portant to realize the Board had chosen the license tax of 2(c) which was a combination of a flat fee and a percentage of the gross revenue of medical marijuana establishment for cultivation and production. In the back-up there was monthly business license payment information which said each establishment shall pay a 2% fee to the County of the total value of the gross production.

Mr. Bosta

pointed out that nowhere in any documentation before the Board had that ever been approved. If the County was collecting that, Mr. Bosta asked what the amount of money collected over this time was and what account it had been deposited in. He thought there was a flat fee for the license permit on each one of these and since the Board selected the tax of 2(c) that was an excise tax which was an indirect type of taxation imposed on the manufacture, sale and use of certain items. Mr. Bosta thought these items April 3, 2018 36. For Possible Action — Discussion and deliberation on Medical Marijuana Establishment License Annual Renewal Application MM-20718-000055-Cont’d. 37. For Possible Action - Discussion and deliberation on Medical Marijuana Establishment License Annual Renewal Application MM-2018-000056-Cont’d. 38. For Possible Action — Discussion and deliberation on Medical Marijuana Establishment License Annual Renewal Application MM-2018-000057-Cont'd. 39. For Possible Action — Discussion and deliberation on Medical Marijuana Establishment License Annual Renewal Application MM-2018-000058-Cont’d. should be tabled until there was a disclosure of the amount of money the 2% had accumulated as there was no record of where the tax was collected and deposited.

Commissioner Schinhofen

made a motion based on staff recommendation to set the date, time and location as May 15, 2018, at 11:00 a.m. in Pahrump; seconded by Commissioner Wichman; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record. 41. For Possible Action - Discussion and deliberation regarding a request to: 1) Seta date, time and location for a Public Hearing on Nye County Bill No. 2018-09: A Bill proposing to amend Nye County Code Section 17.04.200.A.3 Building Separation, relating to the requirement to have a minimum of ten (10) feet of separation between all buildings on a single parcel in a residential zoning district; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Read the title of the Bill into the record.

Commissioner Schinhofen

made a motion based on staff recommendation to set the date, time and location as May 15, 2018, at 11:00 a.m. in Pahrump; seconded by Commissioner Wichman; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record. April 3, 2018 PUBLIC PETITIONER

Commissioner Wichman

made a motion to adopt Resolution 2018-17; seconded by

Commissioner Schinhofen

; 5 yeas.

Commissioner Koenig

adjourned the meeting. APPROVED this yar day ATTEST: Of Mn , 2018. BIKE Ue 00, shed? main cGhair Nye Codnty Clerk / Deputy I request that my comments are reflected in the minutes and I submit a copy of my prepared written remarks for inclusion in the minutes also. The request for the annual renewal (pro-rated to June 30, 2019) of a Medical Marijuana Establishment License MM-2018-000057 for a medical marijuana establishment (cultivation) located at 9680 S. Oakridge Avenue, Pahrump, NV, APN 044-851-30 by Nye Natural Medicinal Solutions, LLC dba NuVeda LLC is in violation of SB487 which amends NRS Chapter 244 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 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. 2. Except as otherwise 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, ona 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 (¢) Combination of a flat fee and a percentage of gross revenue of the marijuana establishment or medical marijuana establishment. The BoCC has chosen the License Tax as 2{c) - Combination of a flat fee and a percentage of gross revenue of the medical marijuana establishment. The backup provides the following information. 1. Monthly Business License Fee Payment Information: Every medical marijuana establishment shall pay a monthly business license fee to Nye County equivalent to two percent (2%) of the total value of ali medical marijuana or medical marijuana products that were produced, manufactured, sold or distributed by the medical marijuana establishment for the previous month. 2. CW Nevada (cultivation): Past 12 Month’s payment history: CW Nevada was late 3 times in the past 12 months. All payments have been paid. e The BoCC has not divulged the total amount received. e The public has not received this information. WHY? 3. The Renewal (pro-rated to June 30, 2019) of a Medical Marijuana Establishment License for medical marijuana cultivation facility has been paid. e The Cultivation Facility Annual rate is $2,500 e + $486 Pro-rated for a Total Fee = $2,986 Excise tax refers to an indirect type of taxation imposed on the manufacture, sale or use of certain types of goods and products. CONCLUSION: This agenda item does not list or disclose the true amount of revenue received from this applicant's excise license tax pursuant to SB487 Sec. 15(2)(c), therefore the item should be tabled until such information is provided in the backup. Respectfully, John F. Bosta April 3, 2018 Item 38 Cornment for the Minutes by John F. Bosta Page 1 I request that my comments are reflected in the minutes and I submit a copy of my prepared written remarks for inclusion in the minutes also. The request for the annual renewal (pro-rated to June 30, 2019) of a Medical Marijuana Establishment License MM-2018-000055 for a medical marijuana establishment (cultivation) located at 9680 S. Oakridge Avenue, Pahrump, NV, APN 044-851-30 by CW Nevada, LLC is in violation of SB487 which amends NRS Chapter 244 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 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. 2, Except as otherwise 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. The BoCC has chosen the License Tax as 2(c) - Combination of a flat fee and a percentage of gross revenue of the medical marijuana establishment. The backup provides the following information. 1. Monthly Business License Fee Payment Information: Every medical marijuana establishment shall pay a monthly business license fee to Nye County equivalent to two percent (2%) of the total value of all medical marijuana or medical marijuana products that were produced, manufactured, sold or distributed by the medical marijuana establishment for the previous month. 2, CW Nevada (cultivation): Past 12 Month's payment history: CW Nevada was late 3 times in the past 12 months. All payments have been paid. « The BoCC has not divulged the total amount received. e The public has not received this information. WHY? 3. The Renewal (pro-rated to June 30, 2019) of a Medical Marijuana Establishment License for medical marijuana cultivation facility has been paid. e The Cultivation Facility Annual rate is $2,500 e + $801 Pro-rated for a Total Fee = $3,301 Excise tax refers to an indirect type of taxation imposed on the manufacture, sale or use of certain types of goods and products. CONCLUSION: This agenda item does not list or disclose the true amount of revenue received from this applicant’s excise license tax pursuant to SB487 Sec. 15(2)(c), therefore the item should be tabled until such information is provided in the backup. Respectfully, ; John F. Bosta k,, / fake April 3, 2018 Item 36 Cémiments for Minutes by John F. Bosta Page 1 I request that my comments are reflected in the minutes and I submit a copy of my prepared written remarks for inclusion in the minutes also. The request for the annual renewal (pro-rated to June 30, 2019) ofa Medical Marijuana Establishment License MM-2018-000056 for a medica! marijuana establishment (production) located at 301 S. Oxbow Avenue, Pahrump, NV, APN 038-244-09 by CW Nevada, LLC is in violation of SB487 which amends NRS Chapter 244 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 collect a license tax for revenue or for regulation, or for both revenue and regulation, on a marijuana establishment or medical marijuana establishment focated in the county. 2. Except as otherwise 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, ona 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. The BoCC has chosen the License Tax as 2(c) - Combination of a flat fee and a percentage of gross revenue of the medical marijuana establishment. The backup provides the following information. 1. Monthly Business License Fee Payment Information: Every medical marijuana establishment shall pay a monthly business license fee to Nye County equivalent to two percent (2%) of the total value of all medical marijuana or medica! marijuana products that were produced, manufactured, sold or distributed by the medical marijuana establishment for the previous month. 2. CW Nevada (cultivation): Past 12 Month’s payment history: CW Nevada was late 3 times in the past 12 months. All payments have been paid. e The BoCC has not divulged the total amount received. e The public has not received this information. WHY? 3. The Renewal (pro-rated to June 30, 2019) of a Medical Marijuana Establishment License for medical marijuana cultivation facility has been paid. e The Cultivation Facility Annual rate is $2,500 e + $486 Pro-rated for a Total Fee = $2,986 Excise tax refers to an indirect type of taxation imposed on the manufacture, sale or use of certain types of goods and products. CONCLUSION: This agenda item does not list or disclose the true amount of revenue received from this applicant’s excise license tax pursuant to SB487 Sec. 15(2)(c), therefore the item should be tabled until such information is provided in the backup. Respectfully, John F. Bosta . fot: April 3, 2018 Item 3 omments for the Minutes by John F. Bosta 7 Page 1