November 20, 2018

Commissioner Koenig

reminded everyone that the names would be selected on December 5, 2018. Diane Southworth discussed the outreach issues regarding transportation. She said it took five days to get an appointment to get a bus ride and the buses did run on weekends. She thought they still needed some drivers to expand. Additionally , Ms. Southworth advised the VFW and NyE Communities Coalition Thanksgiving dinner would be on Thursday from 11:00 am. to 2:00 p.m. There was no charge and they usually served over 800 people. Ms. Southworth stated the Nye County Democ ratic Party was making a donation to their Christmas fund Chad Goins and Chris Irwin from the Pahrump Valley Chamber of Commerce thanke d the Board for their help with the Pahrump tourism industry and marketing of events. Karen Williams voiced her concern with the process to fill Dennis Hof’s vacant seat. She was worried that the Board would not consider what the voters had told them. She was also worried that most of the Commissioners hated Dennis Hof and were trying to subvert the process. Ms. Williams stated the people did not want James Oscars on in the seat or someone from Clark County. They wanted someone with some real Republican principles and Ms. Williams wanted Joe Burdzinski. Sandra Chebahtah started to address item 24 on the agenda, but Commissioner Koenig advised her she could speak when that item came up, not during public comme nt. Deborah Dwelle said she trusted her Commissioner remembered his promise to his constituents. He said he would work for the people, which meant upholding the voters decision on Assembly District 36. She stated her support for Joe Burdzinski. John Prudhont, treasurer of the Nevada Republican Central Committee, respec tfully requested the Commissioners postpone the vote for the replacement of Dennis Hof until the two newly elected Commissioners were sworn in. It was no secret that Dennis Hof filed lawsuits against Commissioners Schinhofen and Boraskyjpjç pjhpllrorn makinwdecisfur1s1iTviora1idOfMTTHofihiOufofrespect for Mr. Hof and his untimely death Mr. Prudhont requested they recuse themselves from the vote if the Board chose to move forward and that the Board elect Nye County Republican Centra l Committee Chair Joe Burdzinski, the committee’s choice for filling Mr. Hot’s position. ______ November20, 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 (flrst)-Cont’d. Bill Newyear pointed out that since Nye County represented the lion’s share of Assembly District 36 the Board would have a great deal of say in who replaced Dennis Hof. Mr. Newyear listed the criteria he thought needed to be met to ensure the citizens got the best representation, such as having the same political philoso phy as Mr. Hof, not have been previously defeated for the seat, be from Nye County, not have recently lost an election, be open to new ideas, and be able to work with the other party without compromising the values of hislher constituents. Mr. Newyear beHev ed he spoke for many citizens when he said the individual who best met those criteria was Joe Burdzinski and he asked the Board to appoint him. John Bosta expressed his concern with the ambulance returned Amarg to osa Valley for the town to operate as it was stripped of all equipment and the equipm ent went to the fire department in Beatty. He did not understand why the Emergency Management Director would do such a thing. Regarding the replacement for Mr. Hof, Mr. Bosta asked the Board to support Joe Burdzinski. Timothy Clampit stated his support of Joe Burdzinski for the Assem bly District 36 appointment in lieu of Dennis Hofs staff. Katrine Romanov also supported Joe Burdzinski and would like the vote to be done when the newly elected Commissioners were seated. Dave Caudle also wanted the replacement voted on after the newly elected Commissioners were seated. If the Commissioners insisted on selecting the replacement Mr. Caudle encouraged the Commissions of all counti es to pick someone to replace Mr. Hof that represented his passion to represent Assem bly District 36 and not special interest groups. He also suggested the person be involv ed in the Republican Party. Mr. Caudle felt no one met that requirement better than Joe Burdzinski, He then stated his objection to allowing the Clark County Commission to review all of the applications to determine their eligibility. He found that reprehensible and a dereliction of the Commission duties. If staffing was the only decision for that action Mr. Caudle suggested the Commissioners reconsider as he though t there were enough people in Nye County who could read and volunteer to review the application. Lastly, it was Mr. Caudle’s opinion that James Oscarson should not be elected for two reasons he voted for the largest tax increase in Nevada history and the voters of Assembly District 36 indicated their disapproval of him by electing Dennis Hof in the Attachment 1). Debra Strickland said at the monthly Nye County Republican Centra l Committee meeting on Saturday there were nominations and votes to see what the support might November 20, 2018 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until spec ifically included on an agenda as an action item (first)-Cont’d. be so they could speak to the Board. In that voting process it was 100% for Joe Burdzinski and she stood with him. Tina Trenner stated her support of Joe Burdzinski. Terry Svejda commented that none of the Commissioners were at the Repub lican meeting held on Saturday. If they had been then they would have heard what the constituents said about this appointment, which was 100% they wanted Joe Burdzinski. They also stated that they wanted the newly elected Commissioners to vote on this. Mr. Svejda then disagreed that there was required training.

Commissioner Koenig

advised there had already been a training session. There was another in a week or two, another one in December, and another one in January, all of which must be attended per NRS.

Mr. Svjeda

said he was told it was not mandatory, but if the Commissioners decided to vote on it he requested that the two Commissioners that had problems with Dennis Hof do as they were ordered by a judge, refrain from voting on this as it dealt with

Mr. Hof

as Mr. Svejda had a feeling they would vote with bias or prejudice and not reflect the will of the voters. Robert Adams stated Joe Burdzinski was the best man to fill Dennis Ho? seat s and pointed out there were assemblymen that would help him catchup. Dave Stevens said he had been a Democrat for 89 years and would not vote for Dennis Hof or anything like him. Annette Fuentes asked what would be done with the Commissioners that had to recuse themselves from all of the things Dennis Hof was involved in.

Commissioner Wichman

explained the only time a Commissioner was require d to recuse themselves was under court order or if it had a financial impact on their Hvelihood at home. They were not required to recuse themselves in this situatio n.

Ms. Fuentes

thought it was in everyone’s the best interests then to hold off rtedJoeBurdz on the inski. Leo Blundo reminded everyone the election was over and said everyone should take a deep breath of fresh air. The campaigns were the campaigns and now it wths time to govern. He hoped all the applicants understood there was a very engage d electorate and that they represented Pahrump, Nye County, and the citizens’ values and principles. November 20, 2018

Commissioner Wichman

made a motion to approve; seco nded by Commissioner Cox; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMIS SIONERS

Commissioner Wichman

reminded everyone that that the Commission chambers represented all of Nye County, not just 1,000 out of the 48,000 residents, and asked everyone to remember that when bringing their com ments forward. She said ten years in office had brought her lessons she learned from her parents or grandparents, one of which was the old saying about how many flies can be attracted with honey instead of vinegar. Commissioner Wichman asked the citizens to keep that in mind also when they spoke to the Board. TIMED ITEMS

Commissioner Wichman

made a motion to continue the item until February 19, 2019; seconded by Commissioner Cox; 3 yeas. Commiss ioner Borasky voted nay. November20, 2018 SITTING AS THE NYE COUNTY BOARD OF HIGHWA Y COMMISSIONERS

Commissioner Koenig

assumed the Chair of the Boar d of Highway Commissioners.

Commissioner Koenig

expressed his pleasure at the prog ress of Pahrump Valley Boulevard and how it was two months ahead of sche dule.

Commissioner Cox

mentioned the other end of Pahrump Valley Boulevard from Gamebird to Thousandaire was getting bad and aske d if there was any reason why it was doing the roller coaster thing all of a sudden. Public Works Director Tim DahI advised because it was that time of year. There were surfaces underneath the road surface that reacted to the cooler temperatures and that was one of those roads. It was on the top of the list to address in the future and would be a removal and replacement similar to what had been done on Homestead and Pahrump valley Boulevard.

Commissioner Cox

asked if Manse on the list, to whic h Mr. DahI responded no.

Commissioner Borasky

thanked Mr. Dahi and his crew for the job they did with the little bit they had to work with and he was grateful the roads were getting repaired. Dave Stevens said Pahrump Valley Boulevard was the best road in town. SITTING AS THE GOVERNING BODY OF UNINCO RPORATED TOWN OF PAHRUMP

Commissioner Wichman

assumed the Chair of the Boar d of County Commissioners.

Commissioner Koenig

made a motion to appoint Ashl ey Hall, Carl Jone s, Beverly SITTING AS THE BOARD OF COUNTY COMMISSION ERS

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. November 20, 2018 TIMED ITEMS 8. 10:45 For Possible Action Public Hea ring, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye Cou nty Bill No. 2018-21: A Bill proposing to amend Nye County Code Title 5 Business Licenses and Regulations, by amending Chapter 5.04, Liquor Regulations; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Wichman

made a motion to adop t and set an effective date of December 10, 2018; seconded by Commissioner Cox.

Commissioner Koenig

opened and closed the public hearing. Samantha Tackett asked for the effective date to be December 12, 2018.

Commissioner Wichman

amended her motion to adopt with an effective date of December 12, 2018; Commissioner Ccx ame nded her second; 4 yeas. 9. 10:45 For Possible Action Public Hea ring, discussion and deliberatIon to: 1) Adopt, amend and adopt, or reject Nye Cou nty Bill No. 201 8-22: A Bill proposing to amend Nye County Code Title 5 Business Lic enses and Regulations, by amending Chapter 5.14, Gaming Licenses; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Wichman

made a motion to adopt with an effective date of December 12, 2018; seconded by Commissioner Cox.

Commissioner Koenig

opened and closed the public hear ing. The motion to adopt with an effective date of Dec ember 12, 2018, passed with 4 yeas. 10, 10:45 For Possible Action Public — Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reiect Nye County Bill No. 2018-23: A Bill proposing to amend Nye County Code Title 9 Public Peace, Morals and Welfare, Chapter 9.20, Prostitution; providing for the severability, constitutionality and effective date thereof, and other matters pro perly relating thereto; and 2) Set an effective date. on oa op with an effe ctive d ate of De cern ber 2018; seconded by Commissioner Cox. 12

Commissioner Koenig

opened and closed the public hearing. The motion to adopt with an effective date of Dec ember 12, 2018, passed with 4 yeas. November20, 2018 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Cox

made a motion to approve; seconded by Commissione r Wichman; 4 yeas. SIlTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recomme nds 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 addr essed. Discussion of any item from the Consent Agenda Items that need s review before a decision is made.

Commissioner Wichman

made a motion to approve items 18-20; second ed by

Commissioner Borasky

; 4 yeas.

Commissioner Borasky

; 4 yeas.

Commissioner Wichman

made a motion to approve; seconded by Comm issioner Borasky; 4 yeas.

Commissioner Wichman

made a motion to approve; seconded by Comm issioner Borasky. John Bosta asked if this was amending some other document and if so what that document was.

Commissioner Koenig

said he understood the County already had an agreemen them that they would redo half of the road, but now that there olarco t with —coming-in-ft-mademrrserTselwdolhCeyWe?egãlhgto mapy wait until the solar company was done and then do the improvements to the road.

Commissioner Koenig

opened the public hearing. John Bosta felt at this time the application should be denied because there was a letter from someonethatwas redacted. lftheycould notstate in publicwhytheyshould eliminate the scanning and the enforcement he thought it should be denied until they put something in writing and signed it with a name.

Commissioner Koenig

said he had the same issue with the redaction.

Commissioner Wichman

advised last week during the NACO state conference there was a panel from the State, the Department of Taxation (DTAX) and Washoe County that had been tracking and dealing with all of the marijuana issues. They provid ed an update and Commissioner Wichman was happy to hear many of the private firms from other businesses were looking to what had been designed for security measu res in medical marijuana establishments so those measures had proven to be top notch throughout the State.

Commissioner Wichman

made a motion to continue the item to December 18, 2018; seconded by Commissioner Cox; 4 yeas. 12. 11:00 For Possible Action Public Hearing, discussion and deliberation on SU-2018-000054: An application for a Special Use Permit to allow a mariju ana establishment (dispensarvlretail store), located at 1205 S. Loop Road, Pahrum p, NV. Assessor Parcel Number 035-381-35. Floyd’s Construction Inc. Proper — ty Owner. Green Life Productions, LLC Applicant.

Commissioner Wichman

made a motion to continue this item to December 18, 2018; seconded-by-6ommissianerC ox

Commissioner Koenig

opened the public hearing.

Commissioner Koenig

opened the public hearing. John Bosta asked that his written comments be included in the minutes (see Attachment 2). He felt the applications were in violation of SB487 as the County did not have the authority to collect the tax from a marijuana establishment within the boundaries of the Town of Pahrump. That authority rested with the Pahrump Town Board and this item should have been addressed with the Board sitting as the governing body for the town. Mr. Bosta referred to the decision of the Legislative Counsel Bureau (LCB) that NRS 269.095 required marijuana revenues collected in an unincorporated town to be kept separate from other money of the County and used for the sole benefit of the unincorporated town in which the money was collected. Mr. Bosta said he had still not received the information he requested regarding how much money had been collected between FY2015 to October 2, 2018, and asked when the money would be deposited into the unincorporated towns accounts. Dwight Lilly pointed out the back-up material showed they wanted to put a marijuana establishment on already approved open space for a development agreement. If there was already a development agreement in place with this property attached to it then by selling the open space it seemed that would be a violation of the development agreement itself. Mr. Lilly had seen no agenda item addressing that and wanted to bring that to the Board’s attention. He also concurred with John Bosta that people in Pahrump were very concerned about the marijuana tax money and asked the town be properly represented in the tax revenue. Ronni Boskovich noted this item was for approval of a special use permit (SUP), not a marijuana license, and the County had complete control over SUPs pursuant to NRS. Denise Mraz said she noticed the increase in marijuana establishments and it had come to her attention that there was a “gotcha law” clause, which basically criminalized users for what was in their bodies. She said the law had not caught up with the science and suggested the Board look at their laws to avoid that problem. November 20, 2018 13a. For Possible Action — Public Hearing, discussion and deliberation on SU 201 B-000055-Cont’d. 131,. For Possible Action — Public Hearing, discussion and deliberation on SU 201 8-000056-Cont’d.

Commissioner Koenig

closed the public hearing. Addressing a public comment, Brett Waggoner explained this particular property, as well as all properties surrounding it, were currently light industrial, which was permissive zoning for this facility. As far as being part of an existing development agreement or being sited as open space he was not familiar with that.

Commissioner Borasky

asked when it was zoned light industrial.

Mr. Waggoner

did not know that off the top of his head, but he did know that today it was light industrial as indicated on the map. The Board took a brief recess to allow the Chairman to look at the map.

Commissioner Koenig

said the map showed all the lots were light industrial so if it was a planned development it would be an industrial development.

Commissioner Wichman

said she realized this was simply a special use permit, but her concern was for the applicants and the letter received stating there was no more licensing for any county that already had it. The State opened up additional licensing for marijuana for those counties that did not have establishments. Commissioner Wichman was concerned that by even approving an SUP the applicants were being led down a road that could result in them spending a lot of money and the Board turning it down because the State would pull back those provisional licenses once they realized they were for a county that already had provisional licenses. She wanted to put this off also until the December 18, 2018, meeting to allow time to check with DTAX to make sure those provisional licenses were not issued in error.

Mr. Waggoner

said he understood the applicants were aware that there was no guarantee there would be a license issued in the future, however, that was not one of the things to be considered for an SUP.

Commissioner Wichman

asked the applicant if they were given a provisional license by the State. Sara Gulickson, the owner of Strive Weilness, LLC, advised they were approved four months ago through DTAX.

Commissioner Wichman

stated that was what she was concerned about. The letter received stated any application received after January 1, 2018, would only be granted to November 20, 2018 13a. For Possible Action — Public Hearing, discussion and deliberation on SU 201 8-000055-Cont’d. 13b. For Possible Action — Public Hearing, discussion and deliberation on SU 201 8-000056-Cont’d. those counties that did not already have licenses. She thought the applicant may have been given a provisional license in error.

Ms. Gulickson

understood some licenses were not allocated which was why they opened up the process. She also knew the State would do some reporting in November and December to see if the amount of licenses allocated in the State were acceptable or not. The State also put a hold on giving out more licenses after they gave Strive Wellness theirs.

Commissioner Wichman

made a motion to continue this item until December 18, 2Q18, to get answers; seconded by Commissioner Cox.

Commissioner Wichman

stated DTAX and the State of Nevada had determined that the fees were collected for those people who provided the services to take care of the issuing of the licensing, the police, code compliance, zoning, and all of the things that went into a license. Until any town had licensing and code compliance departments as well as the ability to zone and to police themselves, the fees for any business were going to the entity that did those services for the business and public. She said when a Senator or the LCB was asked for a decision on something they needed to be given all the facts.

Commissioner Wichman

made a motion to accept additional information; seconded by

Commissioner Cox

; 3 yeas. commissioner Koenig voted nay to take a stance against late back-up. The Board took a brief recess. November 20, 2018 24. For Possible Action Discussion and deliberation to consider terminating the lease with Desert Haven Animal Society, Inc. for leased space at the Pahrurnp Animal Shelter located at 1511 E. Sin Lane, Pahrump, NV 89048-Cont’d, Tim Sutton explained the County had a contract with Desert Haven for the past year and a half now. Throughout that time complaints had trickled and sometimes poured in. Recently about ten different complaints were received from various sources including former employees, representatives from the Nevada Humane Society, the private contractor brought in by Desert Haven, and from the County Animal Control officers.

Mr. Sutton

said the number and substance reached such a level that staff wanted to bring the matter to the Board’s attention and give the shelter an opportunity to respond. Only a one page document was received from the shelter responding to the complaints.

Mr. Sutton

wanted to determine if the Board wished to continue with Desert Haven or terminate the lease and memorandum of understanding. Pat Leming said she worked as a volunteer at the shelter from July, 2016 until May 1, 2018. In that capacity she handled many aspects of the shelter under two administrations. She took care of most of the administrative work, oversaw the input into the computer, and helped with the adoption paperwork. Beginning in 2018 when the new board took over the shelter took a tremendous downward turn. Things done as standard procedure and protocol for a normally operated animal shelter were dismissed by the current administration and things absolutely necessary like vaccinations and spay/neuters went out the window. Ms. Leming said she started Never Forgotten Animal Society and formed it specifically to take the shelter back. She asked the Board to terminate the lease today, that Maddie’s be allowed to come back in to run the shelter, and that the animals were saved from the inhumane treatment they were undergoing at this moment. Robert Adams said he was at the shelter several years ago and then again three weeks ago. The shelter was overwhelmed and he felt the only solution, whether it was Maddie’s or the current administration, was more space. There were also probably 50 animals that needed to be moved somewhere else. Chris McCarty described her experience when she adopted a dog from the shelter four weeks ago. There were millions of flies, cages were in the hallways, and dogs that had quarantine labels were still in with the rest of the cages. Ms. McCarty also did not notice any water dishes anywhere. Further, after she adopted her dog she found out it had giardia, a highly contagious intestinal parasite which required medication. Additionally, she called the shelter to find out how to get the voucher for the neutering. She never got a call back so her husband went to the animal shelter and was told they did not do mat anymore[Ms McCarty ended up paying for the rabies, license and neutering, the office visit, medication, and the fecal test. The dog also infected the current dog in her home, which led to more veterinarian charges. November 20, 2018 24. For Possible Action Discussion and deliberation to consider terminating the lease with Desert Haven Animal Society, Inc. for leased space at the Pahrump Animal Shelter located at 1511 E. Sin Lane. Pahrump, NV 89048-Cont’d. Tina Trenner said she was involved in animal rescue for many years and what she was hearing was the shelter was overwhelmed. She did not want to see it become a kill shelter again and thought the community needed to come together to find out what to do to make the situation better. To her knowledge there were no programs in the community itself for spaying/neutering pets and thought that issue needed to be addressed as well. Sherry Lewis said she had worked at the animal shelter since the beginning of August and did not know what the previous person was talking about as far as vaccinations not being taken care of. Ms. Lewis was in the position that woman used to be in and stated no animal went into a cage or was left the hallway until the vaccination was done and the kennel card was printed. Sandra Chebahtah said it seemed incredulous to her that they had an offer from Maddie’s Pet Project to help alleviate that problem which they rejected. Ms. Chebahtah and Debbie Butterfield had been volunteers at the shelter for quite awhile, until last Friday when they were both dismissed. They did not receive orientation or training on procedures or protocol, there was no employee dedicated to the cattery, and the shelter relied totally on volunteers. The solution to inadequate staffing that Barbara offered was to load up on volunteers. One day when Ms. Chebahtah went in there had been no morning staff and she found a cat that had died. Someone thought someone else had taken care of it, so there was also a lack of communication. She said she and Ms. Butterfield would love to go back and volunteer when the shelter was under new management. Tina Wilson said she adopted her first dog at Desert Haven 20 years ago which died in the first week due to parvo. She agreed the shelter was overwhelmed because it was the same size as it was 20 years ago, but the population had grown. She said the animals were cleaned every day and were loved by the volunteers. Jason Mann advised he was brought to Pahrump by a volunteer to assess the situation at the shelter. When he visited the shelter he asked for the financials and the by-laws and was denied. He was told the financiats were not public record and the by-laws were being written. He asked to walk the facihty and was denied that as well. What he had seen was a shelter that was too small. He felt the laws in Pahrump needed to be rewritten and was working with attorneys to do so. Mr. Mann also pointed out Tails End yneuerprogram.eeggeteommissionerstoterminatethecontract and let Maddie’s take over. Nancy Gum said there was a spay/neuter organization in Pahrump called Tails of Nye County located at 520 East Street. That organization was on track to spaylneuter 1,200 November 20, 2018 24. For Possible Action Discussion and deliberation to consider terminating the lease with Desert Haven Animal Society, Inc. for leased space at the Pahrump Animal Shelter located at 1511 E. Sin Lane, Pahrump, NV 89048-Cont’d. cats this year and around 100 dogs. She wanted the community to know if help was needed for spaying/neutering they were available. Vickie Garcia said she started working for Desert Haven on December 24, 2017, and was terminated on June 20, 2018. She stated the conditions under the current board members were deplorable and she had seen things that were unmentionable. She agreed their contract should be terminated. Taylor Aguiar said she had been employed with Desert Haven since its opening in April, 2016, and was terminated in July, 2018, and was the longest paid employee. She stated when she was terminated the condition of the animals was absolutely despicable. She understood Pahrump had an over-population problem with dogs and cats, but this was unacceptable and something needed to be done as this was not a safe haven for the animals. Tina Trenner clarified she meant she wanted the County to come up with a spay/neuter program. Audrey Coss, clinic manager of the Homestead Animal Hospital, stated there were low cost programs in Pahrump. Homestead Animal Hospital had run one for the last year and a half and Tails of Nye County had one as well. Ms. Coss knew personally that numerous clients had come to Homestead Animal Hospital with animals not vaccinated.

Ms. Coss

advised a client came to the clinic who had been told by the shelter to not go to Homestead Animal Hospital or they would take the dog away from them, which created alienation. As far as the financials, Ms. Coss pointed out the report was incomplete as Homestead Animal Hospital had received a payment through Maddies that was written off of Desert Haven which was not on the records. Ms. Coss asked that the Board remove the contract. Thoma Gisela only had good things to say about the shelter. She had been looking for a dog for the past two months and went once a week to the shelter. The employees were great, the kennels were clean, there were no flies, and she was very impressed by the people. Lisa Schuette from Maddie’s Pet Project in Nevada spoke from a different perspective. She was the outreach manager assigned to the rural counties and her background was different people at Desert Haven and the community veterinarians. She said this was about a shelter that was overwhelmed with the numbers of animals, keeping track of animals, knowing which animal was which, and adoptions had been complicated. Maddie’s wanted to help Pahrump have a shelter that took care of its animals, where the animals lived in humane and ethical conditions, and make it a sustainable situation November 20, 2018 24. For Possible Action Discussion and deliberation to consider terminating the lease with Desert Haven Animal Society, Inc. for leased space at the Pahrurnp Animal Shelter located at 1511 E. Sin Lane, Pahrump, NV 89048-Cont’d. to where the community felt valued. Ms. Schuette said Maddie’s Pet Project in Nevada’s efforts would be to establish that faith and to build the bridges that were required for a sustainable shelter. Samantha Altiero said she volunteered when the shelter first opened in July, 2017. In the time she was there she advised having large amounts of animals coming in did not stop them from working harder and getting them adopted. The week she started 67 animals came in from one property and they all got adopted except a handful that were too aggressive. The last time Ms. Altiero went to the shelter to get licensing for her dogs the conditions were bad. Animals were in the walkways and the treatment room for vaccines had cages stacked in it. She said she would hate to see the County take it over because it would become a kill shelter, but she would like to see this agreement terminated as animals should not have to live in those conditions because of a large ego. Mark Robison, Co-Executive Director of Maddie’s Pet Project in Nevada, explained their mission was to collaborate with existing animal groups to save animals in shelters across the State and to increase access to veterinary care in underserved areas, including rural and tribal areas. He said the County animal shelter had been on their radar since this past summer. They sent people down with many years of shelter experience and started doing what they could to make things better from buying personal protective equipment to transferring more than 125 animals to shelters in northern Nevada to help find them homes. The current organization running the shelter had numerous issues laid out in the documents for the agenda item, the main one being the animals deserved better care. Mr. Robison believed the staff generally was doing the best they could in difficult conditions and that everyone at the shelter genuinely cared about animals, but that was not enough to successfully run an organization. Mr. Robison said if the Commission voted in favor of the agenda item to terminate the contract Maddie’s Pet Project hoped to take over running the shelter, get the animals to a better place, and get the shelter to a point of sustainability for a new group to take the reins. Thomas Gibson, attorney for Desert Haven, requested a continuance in this matter as there was too much money on the table and too much potential money the County would have to pay out if this went to another organization. He advised one of the Commissioners did a surprise visit to the organization and everything looked ood to er a e ime. a er t an ma e a cavalier decision to just give it to another organization he asked for an investigation to find out if these things were true and if they were what could be done to remedy it, even if it meant increasing the budget to increase staff. Mr. Gibson pointed out other problems were the dilapidated building as well as problems inherited from the previous administration. November 201 2018 24. For Possible Action Discussion and deliberation to consider terminating the lease with Desert Haven Animal Society, Inc. for leased space at the Pahrunip Animal Shelter located at 1511 B Sin Lane, Pahrump, NV 89048-Cont’d.

Commissioner Koenig

said he understood the overcrowding and the age of the building. When Maddie’s was there Don was collaborating with the County Manager and

Commissioner Koenig

to try to find a solution for the building. Maddie’s was willing to help and was asked to leave. If the current administration could not work with Maddie’s then he thought he would rather have Maddie’s. He pointed out Maddie’s had money, contacts, etc., and could teach Desert Haven a lot, but they had to be open minded to that. Commissioner Koenig did not know the answer to the problem, but he did not think putting it off another two months was going to make a difference.

Commissioner Cox

did not think this was all about money. She had said for quite some time that the towns had money and should come forward and put some money into a new building. She thought a committee was needed with a representative from each town to work this put. Commissioner Cox went by the shelter on November 4, 2018, and observed costs had been reduced for adoptions, hours had been expanded, everything had been washed down, food and water was present, and while there were several animals it was not overcrowded. She did not see any animals abused and had not found any reason why these animals should be taken care of by someone else.

Commissioner Cox

thought eliminating the contract was jumping the gun and might lead to court action if the Board could not justify that action after an investigation. She said there was no proof that they had done anything wrong, just the words of others.

Commissioner Cox

made a motion to not eliminate the contract with Desert Haven Animal Society and that the Manager’s office put together some kind of a committee to help build a new shelter and do a spay/neuter clinic.

Commissioner Cox

made a motion to do what the attorney suggested and put this off until the second meeting in February, 2019, to allow for an investigation headed by a team from Administration, the attorney and the people at the animal shelter along with a couple of Commissioners; seconded by Commissioner Wichman.

Commissioner Wichman

pointed out the individuals Commissioner Cox wanted on the investigation team were going to investigate themselves.

Commissioner Cox

clarified that she wanted to do an investigation into the issue of building another shelter.

Commissioner Koenig

felt this was not about the size of the shelter and no investigation was needed to determine if it was too small as everyone knew it was. The issue was if the animals were being taken care of properly and that was what should be investigated. He asked Commissioner Cox to re-word her motion. November 20, 2018 24. For Possible Action Discussion and deliberation to cons ider terminating the lease with Desert Haven Animal Society, Inc. for leased space at the Pahrump Animal Shelter located at 1511 E. Sin L.ane, Pahrump, NV 89048-Cont’ d.

Commissioner Cox

amended her motion to do an investigation of the Desert Haven Animal Society and the shelter to see if it was adequate and bring forth some ideas to either add on to what was there now or build a whole new shelter , meaning they should help with ideas of what the new shelter would need.

Commissioner Koenig

asked Commissioner Cox if her motion was to continue this until the second meeting in February, 2019, and get a team together determ to ine whether or not the shelter was taking proper care of the animals.

Commissioner Cox

said yes and investigating the opportunity to build a new shelter.

Commissioner Koenig

said he would rather have that as a separate committee as the need for a shelter was known. He wanted to deal with whether the way they were taking care of the animals was proper or not and then separately come up with where to get money to build a shelter.

Commissioner Wichman

said she would second the motion if it was amended to include all of the recordkeeping in the investigation, which Commissioner Cox agreed with.

Commissioner Koenig

commented that the requirement in the lease was the Board was to get monthly reports and today was the first report he had seen.

Mr. Sutton

asked for clarification of the scope of the investigation. He said he did not know what more would be produced at the end of 60 days than what was produced today and at the end of the day people would be saying different things.

Commissioner Wichman

said that was why she put the amendment in because no one would ever know. She could go into the shelter ten times and never know if what they were doing was up to par so she would not be a good judge of how the shelter was running. However, she did know that vaccinations, reporting and reports to the Commissioners along with complete records on each animal were the things she could look at and see if they were following the agreement. Ronni Boskovich asked if the Board was extending 60 days or 90 days to the February, 2019, meeting. ing in e rua ry, w a eye r th at came o ut to be.

Commissioner Borasky

said there were many responsible pet owners in this town, but the problem was some people used them for a profit with puppy mills or whatever. There was not enough shelter space or money to care for the animal s and to find a November 20, 2018 24. For Possible Action Discussion and deliberation to consider terminating the Jease with Desert Haven Animal Society. Inc. for leased space at the Pahrump Animal Shelter located at 1511 E. Sin Lane, Pahrump, NV 89048-Cont’d. resolution to that would not be easy. He thought one of the things this Board or future Boards needed to do was tighten up the regulations on animals. Commissioner Borasky did not know how to resolve that as it would always be a dilemma and every community had the same problems. He did not think investigations would provide the answers.

Commissioner Cox

was not sure the Board could even shut them down if they had not violated their contract,

Commissioner Koenig

said they were breaking their contract by not submitting the reporting.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of Cercavbp , 2019. /4,-.. )o))o/v My name is Dave Caudle. I’m a resident and voter in Precinct 19 and Assembly District 36. Thank you for the opportunity to speak before you this morning. As a supporter of Assemblyman-Elect Dennis Hof, I want to encourage this body to postpone the selection of his replacement until after the newly elected commissioners have been seated. This would be fair to allow the selection of a person that the new Commissioners feel that they can work with in the Legislature. If you insist on selecting the replacement, I encourage you, as well as the Clark and Lincoln County Commissions, to select someone to replace Mr. Hof that embodies his passion for representing the District 36 residents and not special interest groups. I also suggest that this person be involved in the Republican Party. I can think of no one that meets that criteria better than Mr. Joe Burdzinski, Chairman of the Nye County Republican Central Committee. I’ve been told that you all have decided to allow the Clark County Commission to review all the applications for this position to determine their eligibility. I find that reprehensible and a dereliction of your duties, Each.County Commission should do their own reviews especially since Assembly District 36 encompasses much more of Nye County than it does Clark County. If staffing is the only problem that caused this decision to be put forward, I suggest that you all rethink your actions, I’m sure that there are enough residents in Nye County that can read that finding volunteers to review the applications would not be a problem. I stand ready to assist in any way that I can. One last thing, it is my opinion that Mr. Oscarson should not be selected for this position for two reasons. One, he voted for the largest tax increase in Nevada’s history after the voters had previously turned down a similar tax and two, the voters in Assembly 36 indicated their disapproval of him by electing Dennis Hof in the primary election. Mr. Oscarson in no way represents Mr. Hof’s values. Thank you again for the opportunity to speak today and request that a copy of my statements be entered into the record for this meeting. ATTAcHMENT 1 -r itiW/r6 I request that my comments are reflected in the minutes and 1 submit a copy of my prepared written remarks for inclusion in the minutes also. The application for Special Use Permit SU-2018-000055 & SLJ-2018-000056, to allow marijuana establishments for Cultivation and Production facilities located at 750 E. Betty Ave. Pabrump, NV are in violation of 58487 section 18.5. The County does not have the authority to collect a tax or fee for marijuana establishment for cultivation and production facilities within the boundaries of the Town of Pahrump. The authority to collect a tax or fee for a marijuana establishment’s cultivation & production facilities within the Town of Pahrump is the Pahrump Town Board. This item should be under S1fl1NG AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP. The Pahrurnp Town Board is the Board of County Commissioners sitting as the Town Board of Pahrump. The CONCLUSION of the Legislative Counsel Bureau (LCB) Letter of September 21, 2018, ninth line, “However, if the town board form of government has been established for an unincorporated town pursuant to NRS 269.16 to 269.022, inclusive, it is the opinion of this office that the town board of the unincorporated town is the entity authorized to impose a business license fee or tax on a marijuana establishment or medical marijuana establishment located in the unincorporated town. Finally, because any money collected or received from a business license fee or tax imposed on marijuana establishments or medical marijuana establishments located in an unincorporated town is money collected or received pursuant to chapter 269 of NRS, it is the opinion of this office that NRS 269.095 prohibits the deposit of the money in the county general fund and, instead, requires any such money to be kept separate from other money of the county and used for the sole benefit of the unincorporated town in which the money is collected. October 2, 2018 1 requested the identification of the budget categories for all Marijuana License and Business Tax Income (2% Monthly Sale Fees) that Nye County has imposed on marijuana establishments or medical marijuana establishments located in an unincorporated town is money collected or received pursuant to chapter 269 of 269.095 which prohibits the deposit of the money in the county general fund and, instead, requires any such money to be kept separate from other money of the county and used for the sole benefit of the unincorporated town in which the money is collected. I have not received the amount that has been collected or received for the F’Y2015 - YTD FY 2018 As of 10/2/18. When will the money be deposited into unincorporated town’s accounts? Respectfully, ATrACKMENT 2 Jo4j F. Bosta Nov. 20, 2018 Item 13 A & B Comments by John F. Bosta Page 1