December 18, 2018

Mr. Lilly

also had a brochure called No To Abuse and said over the next two weeks abuse cases would double across the country. There was a center in Pahrump people could call if they were a victim or knew a victim. The number was (775) 751-1118 and they had an office at 621 S. Blagg Road. Pat Leming stated she was in the process of putting together a town hall meeting for Maddie’s Fund to provide a presentation to the community of what they could offer. There were a lot of malicious statements being made about Maddie’s that were unfounded and Ms. Leming wanted to put those statements to an end. Joe Burdzinski thanked all of the Commissioners, the District Attorney, and the Sheriff for all the hard work they did over the last year. He then discuss ed the campaigns and the strong language used. He would like to see that change in the future. He felt people could disagree on policies but did not need to be hateful to each other. Leo Blundo said the community Christmas brunch would be from 11:00 a.m. to 2:00 p.m. He told Commissioner Borasky it had been an honor and pleasu re having him serve on the Board and told Commissioner Schinhofen he apprec iated the torches he December 18, 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. carried for the issues he was passionate about. He also thanked Mike Floyd from the School Board for the work he had done along with Angela Bello.

Commissioner Wichman

clarified her statement under item 6 on page 5 of the November 20, 2018. minutes where it stated she reminded everyone the Commission chambers represented all of Nye County. Commissioner Wichman said it should be directly opposite of that. She was trying to point out if the room was filled four times it would not represent the 48,000 people in Nye County.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Wichman

asked Tim Sutton to be sure an item got on the agenda relatively soon to amend the master plan to include specific language on the RS2477 roads. She then advised she was present during the CLGF meeting where Nye County was told it was no longer on fiscal watch. She was not aware of anything behind and noted the last audit was completed in record time. Savannah Rucker explained that due to the turnover in the Treasurer’s Office the bank reconciliation was behind and that was holding up the audit. She had requested an extension which was approved by DTAX so there was no fiscal watch component to that.

Commissioner Schinhofen

said this was his last meeting. It had been an honor and a privilege to serve and at times horrific, which was part of the job. He thanked everyone December 18, 2018 6. Commissjoners’/Manager’s Comments (This item limited to announcements or topics/issues proposed for future workshopslagendas)-Cont’d. for voting him in two times. He had served this County for ten years with a couple years on the planning commission and had never had an ethics complaint or an Open Meeting Law violation filed against him. Commissioner Schinhofen stated he upheld his oath and his conscience was clear.

Commissioner Borasky

thanked all of the people who supported him over the years. He took the job knowing it was going to be an uphill battle. He had an open door policy 24/7 and anyone who wanted to bug him was welcome to do it. Commissioner Borasky believed he had served the people in a good manner and said it had been an honor to serve on the Board.

Commissioner Koenig

thanked both Commissioners Schinhofen and Borasky for their service. Angela Bello said this was her last meeting as well and thanked the public for giving her the opportunity to serve. TIMED ITEMS

Commissioner Wichman

explained this item was requested by the Northern Nye County Hospital District and the representatives from the County had been in contact with Renown. The NyE Communities Coalition was awarded a technical assistance grant to perform three goals, the most important of which was to determine a need for a building assessment for the Nye Regional Medical Center and select a firm to complete that assessment.

Commissioner Wichman

made a motion to approve to begin the discussions with Renown while continuing to support the grant efforts; seconded by Commissioner Schinhofen; 5 yeas. TIMED ITEMS 9. 10:15 — Quarterly report from the Public Administrator. The report was in the back-up and Public Administrator Ginger Stumne was present. She discussed the tax withholdings and explained the estates were closed for 2018, but she could not file the taxes until February, 2019. A tax accountant did an estimate of what the tax debt would be and they held double that to make sure. Once filed and any tax liabilities paid the remaining balance would be split equally between the heirs. Referring to the co’umn of money collected, Tim Sutton asked if that was money retained by her office or just collected for the estate in general.

Ms. Stumne

said that was money collected for the estate’s work, not what she collected as Public Administrator SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners. 17. General road report by Public Works Director. Public Works Director Tim DahI said Homestead Road was still in its very final stages with a little striping left to do. There was a final walk yesterday for Pahrump Valley December 18, 2018 17. General road report by Public Works Director-Cont’d. Boulevard and it was looking well. He would have updates on Homestead and 160 in the near future.

Commissioner Borasky

said the potholes were resurfacing on Money between Manse and Gamebird. He also noticed some potholes resurfacing near the backside of Artesia and Kellogg. He asked Mr. DahI if he was going to bring the pothole machine down and use it.

Mr. Dahi

said yes, weather permitting.

Commissioner Cox

said one of the lights in front of Wal-Mart was out.

Mr. Dahl

said that was on his list.

Commissioner Wichman

asked Mr. DahI when and if the resolution came through from Hadley to put Hadley on the report separately instead of including it in Round Mountain.

Commissioner Koenig

asked if there would be bike lanes on Pahrump Valley Boulevard because it looked awfully skinny.

Mr. DahI

said yes, five feet on each side,

Commissioner Koenig

asked if cold mix would be used on the potholes.

Mr. DahI

explained cold mix was not the preferred method this time of year. He had some bags of cold mix type of material that worked better in the colder climate, but something could be put in temporarily until they could get the chip patcher down. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. 10. 10:45 For Possible Action Public Hearing, discussion and deliberation to — — issue an Outdoor Festival License to the Pahrump Valley Chamber of Commerce for the Balloon Festival to be held February 22-24, 2019, at Petrack Park located at 150 Highway 160, Pahrump, Nevada.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. December 18, 2018 SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 19. Committee Reports There were none. 20. For Possible Action Discussion and deliberation to appoint two members and one alternate to the Pabrump Parks and Recreation Advisory Committee due to one resignation and two expiring terms.

Commissioner Cox

made a motion to appoint Eugene Frank and Jennifer Nation as members and Rick Lauver as an alternate; seconded by Commissioner Wichman; 5 yeas. 21. For Possible Action Discussion and deliberation regarding approval of a Memorandum of Understanding (MOU) with Southern Nevada Area Communications Council (SNACC) for the purposes of SNACC absorbing financial costs for the continued operation, maintenance and support of the Town of Pahrump “Panorama” 800Mhz communications site radio and microwave equipment as part of their supported infrastructure.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox; 5 yeas. 22. For Possible Action Discussion and deliberation to: 1) approve abandoning the Bridle Path Project (also known as the Southside Trail Head) located on a portion of 9301 5. Homestead Road (.4999 acres), APN 45-411-02; and 2) direct staff to collect unused materials that were purchased for the project from where they have been stored. This item was removed from the agenda. 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. 23. For Possible Action — Approval of Elected Official Collection Report.

Commissioner Wichman

made a motion to approve items 23-26; seconded by

Commissioner Schinhofen

; 5 yeas. December 18, 2018 24. For Possible Action Approval of Assessor’s Office Change Request to allow the Nye County Treasurer to process and send an amended tax bill of $789.49 to the owners of APN 029-704-06.

Commissioner Wichman

made a motion to approve items 23-26: seconded by

Commissioner Schinhofen

; 5 yeas. 25. For Possible Action Approval to set the date and location for the second March meeting of the Board of Commissioners for Tuesday, March 19, 2019 in Pahrump, Nevada.

Commissioner Wichman

made a motion to approve items 23-26; seconded by

Commissioner Schinhofen

; 5 yeas. 26. For Possible Action Approval to accept a Notice of Subaward from the Nevada Department of Health and Human Services, Division of Public and Behavioral Health to fund the Women, Infants, and Children IWIC) Clinics in Pahrump and Tonopah. WIC is a federally funded program providing nutrition education information to participants, a food delivery system, and facilitating the delivery of health services to participants in the program. The Subgrant award is in the amount of $223,465.00. This subci rant shall be administered out of Fund 10340 Grants and there is no County match reguired. Subgrant period of time is October 1,2018 through September 30, 2019.

Commissioner Wichman

made a motion to approve items 23-26; seconded by

Commissioner Schinhofen

; 5 yeas. BOARD OF COMMISSIONERS 27. 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. 28. 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. 29. 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. December 18, 2018 30. For Possible Action Discussion and deliberation to request an extension of the public comment period on the Navy’s Draft Fallon Range and Training Complex Modernization Draft Legislative Environmental Impact Statement.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. CLERK 31. For Possible Action Discussion and deliberation to: 1) appoint three members to the Nye County Board of Equalization for four-year terms beginning January 2019 due to three expiring terms; 2) appoint a Commissioner as alternate to the Board of Equalization; and 3) appoint the Chairman of the Board of Equalization.

Commissioner Wichman

made a motion to reappoint Richard Gardner and name him as chair, appoint Stacey Parmenter and Nannette Fretwell, and save the alternate appointment for the January assignments; seconded by Commissioner Schinhofen; 5 yeas. 32. For Possible Action Discussion and deliberation to appoint a county representative to the Nye County Debt Management Commission due to an expiring term.

Commissioner Wichman

made a motion to appoint Cindy Kaminski; seconded by

Commissioner Schinhofen

; 5 yeas. 33. For Possible Action Discussion and deliberation to appoint seven members to the Central Nevada Museum Board due to seven expiring terms.

Commissioner Wichman

made a motion to appoint Phyllis Sorhouet, Harris Brokke, Allen Metchser, Cindy Kaminski, Randy McLean, Angela Haage and Stretch Baker; seconded by Commissioner Schinhofen; 5 yeas. 34. For Possible Action Discussion and deliberation to appoint two members to the Gabbs Town Advisory Board due to two expiring terms.

Commissioner Wichman

made a motion to appoint Ken House and Diane Jacobson; seconded by Commissioner Schinhofen; S yeas. 35. For Possible Action Discussion and deliberation to appoint three members to the Beatty Town Advisory Board due to three expiring terms.

Commissioner Wichman

made a motion to appoint Crystal Taylor, Richard Gardner and Kelly Carroll; seconded by Commissioner Schinhofen; 5 yeas. December 18, 2018 36. For Possible Action Discussion and deliberation to appoint two members to the Beatty Library District due to two expiring terms.

Commissioner Wichman

made a motion to appoint Ryan Tweney and ask them to step up their recruiting efforts; seconded by Commissioner Schinhofen.

Commissioner Schinhofen

commented that for those people who wanted to participate this was their chance and asked them to put their names in for these positions.

Commissioner Wichman

made a motion to appoint Doug Baker and Larry Marshall; seconded by Commissioner Schinhofen.

Commissioner Cox

asked if Doug Baker had a conflict as he worked for the road department in Tonopah.

Commissioner Wichman

said no and explained the by-laws were revised for people to simply be property owners rather than residents. There was nothing to preclude him from being a board member.

Commissioner Wichman

made a motion to appoint Richard Glassow and Andrea Lynn- Henry; seconded by Commissioner Schinhofen; 5 yeas. 39. For Possible Action Discussion and deliberation to appoint five members to the Railroad Valley Advisory Board due to three expiring terms and two vacancies not filled this past year.

Commissioner Wichman

made a motion to appoint David Williams and Pat Knight and asked staff to please suggest to that Board they reduce their members to three in thcir by-laws if possible and if not possible then they needed to recruit; seconded by

Commissioner Schinhofen

. Sam Merlino said that would have to be looked at as it may have been set by ordinance. December 18, 2018 39. For Possible Action Discussion and deliberation to appoint five members to the Railroad Valley Advisory Board due to three expiring terms and two vacancies not filled this past year-Cont’d.

Commissioner Wichman

made a motion to appoint James Swigart, Craig Barber, Heather Enzi and Kayla Musselman and instructed staff to either see if they could reduce their Board to three or that they expand their boundaries to include the other communities in Smoky Valley; seconded by Commissioner Schinhofen; 5 yeas. 41. For Possible Action Discussion and deliberation to appoint five members to the Park and Recreation Advisory Board due to two expiring terms and three vacancies not filled this past year.

Commissioner Wichman

made a motion to appoint David Harris and asked staff to look into this to see if it had to be appointed from outside and if this was required by law see if there was a way to task staff; seconded by Commissioner Schinhofen; 5 yeas. The Board took a brief recess Angela Bello was not present. TIMED ITEMS 11. 11:00 For Possible Action Public Hearing, discussion and deliberation on WV-2018-000077: An application for a Waiver from Nye County Code 17.06.040.D.17 to allow a reduction of the security plan requirements for a Marijuana Establishment (production facility) 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 Wichman

opened the public hearing. Planning Director Brett Waggoner said due to security reasons they could not put a whole lot in the back-up. After speaking with the Sheriff he recommended that before the waiver became effective a security plan had to be submitted and approved so it did not go into effect today. December 18, 2018 11. 11:00 For Possible Action — — Public Hearing, discussion and deliberation on WV-201 8-000077-Cont’d. John Bosta asked that his written statement to be included in the minutes (see Attachment 2). He felt this should be denied as there was a redacted letter in the back up and the public had no idea what they were asking for, The Open Meeting Law said the agenda had to be clear and precise and this item was not.

Commissioner Koenig

closed the public hearing.

Commissioner Wichman

asked if she could assume the Sheriff had seen something that was not redacted.

Sheriff Wehrly

responded Commissioner Wichman could not.

Commissioner Koenig

had the same problem Mr. Bosta had with this. He got that it was a security thing! but he had no clue what they were asking for.

Sheriff Wehrly

said her problem was basically the same. Their security plan was supposed to reflect what they are going to do and if this change was made she had no idea what their security plan would say as they had not sent her an updated one.

Commissioner Schinhofen

said the property was a building split on the inside between two production companies and each had their own security guard. He understood they could have one security guard for the building and was not aware of any other changes being requested. He pointed out waivers were given to the Groves about not having 24- hour security and the State did not require 24-hour security on the premises. One of the things Commissioner Schinhofen hoped for was to get the marijuana ordinance back before he left to reflect more of that and if they had 24-hour off-site surveillance like the Groves did then those rules could be relaxed overnight when not open to the public. Amanda Connor, appearing on behalf of the applicant! stated the applicant would not object and understood a revised security plan would be required. She knew there was a lot of effort to change the ordinance to get to the State standards and they were simply asking for a reduction in the requirement of the security guard as they had other security measures in place. She said it was a very small facility that shared the complex with another facility that also had robust security.

Commissioner Koenig

asked if there was any problem with providing a security plan before this was approved.

Commissioner Schinhofen

pointed out the only change requested was not to have a 24- hour security guard and asked if there were other changes being requested.

Ms. Connor

said at this time no. December 18, 2018 11. 11:00 For Possible Action — — Public Hearing, discussion and deliberation on WV-201 8-000077-Cont’d.

Commissioner Koenig

wanted to see the security plan before this was voted on.

Mr. Waggoner

reminded the Board the security plan itself was not something the Board had to approve. It was just a condition to the SUP for the licensing.

Commissioner Koenig

said this was seen last month with the same problems and there was nothing different today. He said the Sheriff could review the security plan and tell him she was good with it.

Commissioner Cox

asked the applicant if they could submit the security plan to the Sheriff beforehand.

Ms. Connor

stated they would be happy to submit it this week and have it come back. They had hoped they could get it conditioned on a written approval of the Sheriff instead of waiting until another Commission meeting, but she understood if that was necessary.

Commissioner Wichman

did not see where it was required to come back to the Board as the approval of the Sheriff was needed on a security plan. She could not in all good conscience make a decision on a waiver that gave her a page with nothing specific.

Commissioner Wichman

made a motion to deny and asked for the applicant to go directly to the Sheriff and get it done through the Sheriff; seconded by Commissioner Schinhofen. Darrell Lacy, the Planning Director during most of the time the marijuana facilities were done, explained the SUPs had a requirement for an approved security plan and there were minimum standards for that plan, one of which 24/7 off-site security which had been waived in the past for people. The Board never looked at the security plans and those were not something ever put out in the public. They were just approved by the Planning Director and the Sheriff. Mr. Lacy did not think it was appropriate to have the Board get into the details of the security plans. He said what the Board was doing here was waiving one of the minimum standards and giving direction to staff and the Sheriff to review the security plan and make sure the alternative components of the plan mitigated any changes from having the 24/7 on-site security.

Commissioner Wichman

withdrew her motion; Commissioner Schinhofen withdrew his second.

Commissioner Schinhofen

made a motion to approve waiving the security guard, the Sheriff would approve according to County Code, and then the Planning Director would review, with the understanding the other company would continue to have their 24-hour security guard and this applicant had to come back to the Board if that changed, to be December 18, 2018 11. 11:00 For Possible Action — — Public Hearing, discussion and deliberation on WV-201 B-000077-Cont’d. effective after Sheriff review and Planning Director sign off; seconded by Commissioner Wichman; 4 yeas. Commissioner Koenig voted nay. 12. 11:00 — For Possible Action: 12a. For Possible Action Public Hearing, discussion and deliberation on SU 2018-000055: An application for a Special Use Permit to allow a marijuana establishment (cultivation facility), located at 750 E. Betty Avenue, Pahrump, NV. Assessor Parcel Number 038-024-01. LHL Group, LLC/ltem 9 Properties — Property Owner. Strive Wellness of Nevada, LLC Applicant. — 12b. For Possible Action Public Hearing, discussion and deliberation on SU 2018-000056: An application for a Special Use Permit to allow a marijuana establishment (production facility), located at 750 E. Betty Avenue. Pahrump, NV. Assessor Parcel Number 038-024-01. LHL Group, LLC/ltem 9 Properties — Property Owner. Strive Wellness of Nevada, LLC Applicant. —

Commissioner Koenig

opened the public hearing. John Bosta stated his objection to this plan because the Board was doing a use permit based on zoning. If the Commission issued a permit and collected a tax it was in violation of SB487. If the Board approved this plan as it did the other plan it would have an Open Meeting Law violation.

Commissioner Koenig

closed the public hearing.

Commissioner Schinhofen

made a motion to approve SU-2018-000055 and SU-2018- 000056; seconded by Commissioner Wichman.

Commissioner Cox

asked for the District Attorneys opinion regarding Mr. Bostas comments. Maria Zlotek advised the Board could move foRvard today.

Commissioner Borasky

wondered what they were going to do for water around the property and asked if they were going to drill a well. If so he believed the area there was set up for utilities so a well would be spot zoned for one organization and he did not understand how that could be done. Matt Reddick, who was heading up the engineering for the owner, said they had provided the civil drawings and drainage grades. Additionally, all percolate tests were done and had been submitted to NDEP for a commercial well on the property. December 18, 2018 12a. For Possible Action — Public Hearing, discussion and deliberation on SU 201 8-000055-Cont’d. 12b. For Possible Action — Public Hearing, discussion and deliberation on SU 201 8-000056-Cont’d.

Mr. Waggoner

added this would be required to go through a site development process before anything could be constructed. As to whether it was in a utility area or not, a requirement was they receive permission from the utility before they drilled a well or put a septic in.

Commissioner Borasky

voted nay. 13. 11:00 For Possible Action Public Hearing, discussion and deliberation on — — SU-2018-000057 Change of Location; An application to change the location of Special Use Permit SU-2017-000041 fora marijuana establishment (dispensari’/retail store) from 1231 S. Loop Road, Pahrurnp, NV to 1205 S. Loop Road, Pahrump, NV. Assessor Parcel Number 035-381 -35. Floyd’s Construction Inc. Property Owner. Green Life Productions, LLC Applicant.

Commissioner Koenig

opened the public hearing. John Bosta said he understood the permit had already been issued to the company in the back of the property, which was a different corporation than what was in the front. This was switching the dispensary and he did not think switching that was in the best interest of the public. Additionally, Mr. Bosta said he would file an Open Meeting Law violation because the Board violated the law in item 11 and he also believed they were in violation of SB487.

Commissioner Koenig

said the District Attorney disagreed with Mr. Bosta and she was the Boards lawyer.

Commissioner Koenig

closed the public hearing. Brett Waggoner explained last month a new SUP was before the Board, The applicant had one permit on Loop Road which he no longer wished to utilize. Rather than issuing an additional SUP the location on the one that currently existed was moved.

Commissioner Schinhofen

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Koenig

asked if the applicant would no longer use the building in the back to grow marijuana. December 18, 2018 13. 11:00 For Possible Action — — Public Hearing, discussion and deliberation on SU-201 8-000057-Cont’d. Mike Floyd, the applicant, said he intended to use that building as he had a cultivation license on it. He would use a portion of the front building as a dispensary, which was separate from the rest of the building with its own separate entrance, Mr. Floyd explained they already had the permit 60 feet away at the building across the street and it fit better into their overall plan to move it to the same building.

Commissioner Cox

asked when Goodwill would leave.

Mr. Floyd

said they did not get the dispensary license for Nye County, so the Goodwill would not be leaving for quite a while.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Schinhofen

said this item had a zone change and SUP originally tied together. There was a lot of discussion at that point that the zone change would lapse if they were to do any other business on the property. Somehow the wording was not quite clear so while the Board had continued to extend their SUP and they were under an extension until March, this had come up and gone to the RPC where they approved the zone change 6-0. He encouraged the Board to approve the zone change as they had put $1.5 million into the property.

Commissioner Schinhofen

made a motion to approve the zone change; seconded by

Commissioner Wichman

with a clarification that the zone change was to stay locked with the SUP.

Commissioner Borasky

read a letter into the record from Nathan Gent, who asked the Board to vote against this item. Mr. Gent lived less than a mile away from this property with his wife and triplets and loved to go on long walks around the neighborhood and breathe clean, fresh air. Mr. Gent felt that would change if this zoning change was approved. He had heard the argument about how much money this company spent so the County would be liable for that if this zoning change was not approved. Mr. Gent respectfully disagreed as the company had the previous zoning approval given for a limited amount of time to act and it was their own fault that they did not act. December 18, 2018 14. 11:00 For Possible Action — Public Hearing, discussion and deliberation on ZC-201 8-000027-Cont’d.

Commissioner Schinhofen

restated the motion was to approve the zone change conditioned on it being tied to the SUP. If the SUP went away and there was any other use it would revert back to its former zoning.

Commissioner Cox

asked what improvements had been made to the land already. Scott Sibley, the applicant, advised tenant improvements were done inside and they were paving the parking lot tomorrow. He added they spent about $300,000.00 bringing sewer and water to the area, which was the biggest delay.

Commissioner Cox

said she originafly voted against the zone change as she felt it was spot zoning and she wanted to support the people who came forward. She had concerns with the odors and asked if there was a way to avoid that.

Mr. Sibley

said they operated in other jurisdictions that followed strict odor control management plans. They were building this facility the same way so there should not be a problem with odors.

Commissioner Koenig

opened the public hearing. December 18, 2018 15. 11:00 For Possible Action — — Public Hearing, discussion and deliberation on AP-201 8-00001 6-Cont’d.: 15a. For Possible Action — Public hearing, discussion and deliberation on WV- 201 8-000075-Cont’d. 15b. For Possible Action — Public hearing, discussion and deliberation on CU 2018-000053-Cont’d. Dwight Lilly said he had foUowed this because of the safety concerns and the fact it could stigmatize residential properties in the area. If the Commissioners went ahead with this he hoped they would come up with some type of plan to notify every resident that this existed there so there was no problem with passing the information on to future buyers. Debra Strickland understood there was a sunset clause of three years and they planned to build a warehouse. There was also a condition they only had access off the highway and were not to use Alfalfa for moving the materials. Ms. Strickland believed this should be overturned and that a mistake was made at the RPC level. Tom Duryea said the one of the concerns voiced at the RPC was the two gates to the property, one to Alfalfa Road which was the Fire Marshal’s gate and one to the access/frontage road on the other side. When asked, the applicant said they always used the Fire Marshal’s gate even though it was not built for commercial traffic. Another concern was if it was approved it would have been for three years. If the Commission decided to approve this, Mr. Duryea asked for conditions that they did not use the Fire Marshal’s gate and used the commercial gate on the access road on the other side of the property as well as a sunset clause of one year on the CUP.

Commissioner Koenig

closed the public hearing.

Commissioner Koenig

said one thing he got from this was there was a problem with containers with fireworks in them all over town. He was much more comfortable storing fireworks in a warehouse with a sprinkler system. As far as what road was used,

Commissioner Koenig

said if there was a motion to approve this he expected a condition that they could not use Alfalfa anymore.

Commissioner Schinhofen

made a motion to approve the waiver and the CUP with the CUP having a limit of three years and within two years the applicant must bring forward plans to move forward which would give him his last year to build, and he would not use Alfalfa to transport: seconded by Commissioner Borasky.

Commissioner Schinhofen

asked Mr. Burda if those were good conditions for him. December 18, 2018 15. 11:00 For Possible Action — — Public Hearing, discussion and deliberation on AP-201 8-00001 6-Cont’d.: 15a. For Possible Action — Public hearing, discussion and deliberation on WV 2018-000075-Cont’d. 15b. For Possible Action — Public hearing, discussion and deliberation on CU- 201 8-000053-Cont’d. Maria Zlotek advised this was an appeal and the Code was very particular. The Board could either affirm, reverse or modify, and if there was any reversal the Board would have to address the conditions that had to be adopted.

Commissioner Schinhofen

withdrew his motion. Douglas Burda said the applicant would be amenable to those conditions.

Commissioner Borasky

pointed out the original staff recommendation was to approve, but the RPC chose not to approve it and he was not sure if they gave a reason why. He had noticed the same thing at the last RPC meeting with a 3-3 tie without giving a valid reason. Commissioner Borasky wanted to make sure staff recommendation was to approve it.

Commissioner Borasky

withdrew his second.

Commissioner Schinhoten

made a motion to reverse the decision of the RPC on WV- 2018-000075 in light of the fact they would seek a conditional use permit with a time limit to get their fireworks put into a building.

Ms. Zlotek

suggested adopting the staff findings.

Commissioner Schinhofen

amended his motion to include adoption of the staff findings into the record; seconded by Commissioner Wichman.

Commissioner Cox

asked if they intended to build the warehouse on this piece of property.

Mr. Burda

said they had property south of their current retail facility and that was the intended site for the warehouse. He believed the zoning there currently was mixed use.

Commissioner Cox

asked if anyone around this piece of property said anything about being concerned about this or against it as she had nothing in the back-up. Brett Waggoner said they received two letters of opposition yesterday from two property owners on Alfalfa. December 18, 2018 15. 11:00 For Possible Action — — Public Hearing, discussion and deliberation on AP-201 8-00001 6-Cont’d.: 15a. For Possible Action — Public hearing, discussion and deliberation on WV- 201 8-000075-Cont’d. 15b. For Possible Action — Public hearing, discussion and deliberation on CU 2018-000053-Cont’d.

Commissioner Wichman

mentioned this was an appeal of the RPC’s decision so the Board could not look at any new evidence.

Commissioner Cox

asked if the items stored in the warehouses blew up.

Mr. Burda

explained they stored consumer backyard fireworks. The thing that made them safe was that unless they were ignited by direct fire to the fuse, which must be revealed before it was lit, they would not detonate. These were not professional fireworks seen on the strip or at the towns annual shows which could spontaneously ignite if dropped wrong. Mr. Burda offered to meet with anyone who had any concerns.

Commissioner Schinhofen

made a motion to reverse the decision of the RPC and approve CU-2018-000053 based on staffs recommendations with the further condition that within two years they turn in plans and it was completed in three; seconded by

Commissioner Wichman

; 5 yeas. COUNTY MANAGER

Commissioner Wichrnan

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. The Board was in recess until 1:30 p.m. Deputy District Attorney Bradley Richardson was present. December 18, 2018 FINANCE

Commissioner Schinhofen

asked if this was the lowest most responsive bid.

Mrs. McKee

said two bids were received, one in the amount of $149,760.00 and the other for $81,777.37. The latter of the two did not have an accompanying hid bond so for that reason she was recommending rejecting the bids.

Commissioner Schinhofen

made a motion to reject all bids and put the bid out again; seconded by Commissioner Wichman.

Commissioner Cox

was not sure the Board could do that as it stated the bidder who was the lowest responsive and responsible bidder to whom the governing body or the authorized representative had authorized the award of the contract to.

Commissioner Wichman

explained they did not include their bond which was required so the bid was non-responsive.

Commissioner Cox

felt the other bidder would be the responsible bidder even though they were higher. Maria Zlotek advised the Board could reject all bids as clearly stated in the bid documents and NRS, but could also always revise scopes and re-bid.

Commissioner Schinhofen

said due to the big disparity in the numbers his motion stood.

Commissioner Cox

pointed out the first bid included new tile and carpet which was not in the second bid.

Mrs. McKee

said the bid package explained what needed to be done, bring it back up to livable conditions, meaning anything required to make it livable. Changing out the floors was not required in the bid documents.

Commissioner Wichman

asked if there was a provision to condemn and demolish. Brett Waggoner felt one of the things the Board should consider on any of the proposals was the value of the property today or when it could be inhabited versus the cost to get it there. He understood another option would be to secure the home, condemn the December 18, 2018 50. For Possible Action Discussion and deliberation regarding RFQ # 201 8-13 Property Abatement 2450 S. River Plate Dr.-Cont’d. property and demolish if warranted. He said the County’s only obligation to the public for the nuisance portion was to secure the home from the public.

Commissioner Wichman

withdrew her second.

Commissioner Schinhofen

amended his motion to go back out to bid and for staff to bring back an option for total condemnation: seconded by Commissioner Wichman.

Ms. Zlotek

stated her opinion that was beyond the scope of the agenda item. The Board should just keep with the bid and any motion referencing the bid.

Commissioner Schinhofen

withdrew his motion; Commissioner Wichman withdrew her second.

Commissioner Schinhofen

made a motion to reject all bids and have staff bring back other options; seconded by Commissioner Cox. Since the floor covering in the house did not have to be replaced Commissioner Cox asked ii it had to be part of the bid.

Mr. Waggoner

said no. All the County was obligated to do was bring it to a safe, healthful condition for the public.

Commissioner Cox

noted there was approximately $198,000.00 owed on the house and if it was fixed up it could be worth $300,000.00. Fernando Chaidez, the project manager for American Asbestos, explained the reason the bid was so high was because of remediation due to mold, dead animals, and rodent feces, so it took a special abatement project to clean it up and for people to be able to move in. Debra Strickland said Commissioner Cox was correct there was an outstanding lien. She suggested going back out to bid, seal the property so it was safe, and then wait until the owner stopped making payments. The bank would either deal with it or would recognize the Board would condemn the property and would work with the County. Dave Stevens said common sense would be to put it back out to bid.

Commissioner Cox

wondered since it was only a public nuisance on the outside if the Board could force them to clean the outside, put a lien on it, and leave the cleaning of the inside up to the people who owned the house. December 18, 2018 50. For Possible Action Discussion and deliberation regarding RFQ #2018-13 Property Abatement 2450 S. River Plate Dr.-Cont’d.

Commissioner Wichman

said the owners had to be taken out of the house because it was a nuisance to the public inside as well.

Mr. Waggoner

added the property maintenance code adopted by the County did deal with the inside too. It had to be in a livable condition.

Commissioner Cox

said when this first started she was told it would be boarded up. She just did not want to overstep the Board’s bounds.

Commissioner Koenig

said it was a health issue and the County needed to do something about it. Tom Duryea said he represented the residents who lived along River Plate and Red Rock adjacent to the property. He said the nuisance was inside and outside. The in- ground swimming pool was full of garbage, and the neighbor on the north side used to barbecue and had to move because he could not stand the stench in his yard. Mr. Duryea suggested when it was sent back to staff that it include demolition as a possible bid item.

Commissioner Wichman

made a motion to affirm the RPC’s decision; seconded by

Commissioner Koenig

opened and closed the public hearing.

Commissioner Wichman

made a motion to approve the settlement agreement and accept the grant of the road right-of-way contingent upon acceptance by Public Works and the District Attorney of the exhibits that were supposed to come in; seconded by

Commissioner Schinhofen

; 5 yeas. COUNTY MANAGER 45. For Possible Action Discussion and deliberation regarding approval of a Lease Agreement with Option to Purchase with Artesian Cellars, LLC. for property located at 7401 Manse Road, Pahrump, NV 89060 for the purpose of a grape vineyard and production facility. Tim Sutton said there was a request from the District Attorneys Office to continue this item to the January 7, 2019, meeting to clean up a few loose items.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox; 4 yeas. Commissioner Borasky voted nay. 47. For Possible Action Discussion, deliberation and presentation of the monthly Desert Haven Animal Society animal shelter operations investigation rep oil. Tim Sutton said this item was in response to the Board’s direction given at the November 20, 2018, meeting to conduct an investigation into the operations of the Desert Haven Animal Shelter. This item would also be on the January meeting to update the Board on the progress of the investigation. Mr. Sutton advised that since the December 18, 2018 47. For Possible Action Discussion, deliberation and presentation of the monthly Desert Haven Animal Society animal shelter operations investigation report-Cont’d. last meeting Desert Haven had started submitting reports which at first only included bank statements, veterinarian charges and intake reports. Yesterday they started sending more detailed reports such as intake by species, length of stay of each animal, spay/neuter reports, outcome reports, and vaccination reports. On the finance side they had gone out to request proposals from various vendors that could deal with some of the internal care and shelter management issues.

Commissioner Cox

said she got the board members and staff together and discussed the issues. She gave direction to them to get everything together they could and the Board would get a final report in February. Right now they were doing what they were supposed to do.

Commissioner Wichman

asked Mr. Sutton if it was his opinion from everything he had seen that they were in full compliance with the agreement.

Mr. Sutton

said there were two components to the requirements placed on them from that agreement. One was the reporting, which he would not weigh in on the accuracy of, and the other item was whether they were taking care of the animals and he could not say whether they were or not. Frank Carbone noted there were people who had credentials who could do repairs and things to the shelter to make it better. He asked if there was a process where they did not have to put in requisitions every time they had to get something done when they had folks they knew they could trust to do those repairs.

Commissioner Koenig

said that was better discussed outside of the agenda item and told Mr. Carbone to come talk to him. Pat Leming wondered if there was a way to have the citizens involved with the process instead of just Commissioner Cox and the shelter.

Commissioner Koenig

suggested Ms. Leming contact the County Manager as he was looking for people to do that.

Ms. Leming

asked if the November financial statements had been submitted.

Mr. Sutton

believed they were but said he would double check.

Ms. Leming

referred to paragraph 31.2 of the lease where there was billing to the County for impound animals. She said those statements were supposed to be submitted on a monthly basis and if they missed the 30 day deadline on submitting those billings then the County was not to pay them for those impound animals. She December 18, 2018 47. For Possible Action Discussion, deliberation and presentation of the monthly Desert Haven Animal Society animal shelter operations investigation report-Cont’d. wondered if the $46,000.00 received in August, 2018, included back payment for impound animals that were not submitted timely. If the money had been paid erroneously for back billings then it should be paid back to the County. Barbara Gordon, a board member at Desert Haven as well as the volunteer coordinator and a volunteer, said people like Pat Leming, iD. Mann, Audrey Coss, and Vicki Garcia were people who had never been past the front desk at the shelter yet they talked about its licensing.

Commissioner Koenig

said going out for requests for proposals was being discussed.

Ms. Gordon

said those were the facts and they were more than happy to send them each and every month. She also asked the Commissioners when letters that were not factual came in to ask for proof. Jason Mann said the Nye County Manager appointed by the Board was the County’s chief administrative officer and oversaw the day to day operations of County government and facilities and implementation of goals and objectives of the County Commissioners. MarIa Zlotek interjected everyone needed to stick to the agenda item, which was presentation of the monthly reports or obligations pursuant to the lease.

Mr. Mann

said the Comptroller was in control of the agenda item, which was the financials that had not been presented, and wondered why the Comptroller had not been managing the situation.

Commissioner Koenig

said because the Comptroller worked for the County Manager and the County was going out for an impartial investigation. Bob Wahmberg, founder of Pahrump Justice for Animals, asked if the investigation was on the current state of the shelter or the evidence presented on the original agenda item.

Commissioner Koenig

said it would be on everything.

Mr. Wahmberg

found it very concerning there were cease and desist letters being sent to people who talked to the Commission. Dave Stevens said he was an animal lover and someone had to talk for the dogs. December 18, 2018 47. For Possible Action Discussion, deliberation and presentation of the monthly Desert Haven Animal Society animal shelter operations investigation report-Cont’d.

Commissioner Schinhofen

asked to have on the monthly reports something for the future Board about the condition of or upgrading the property since it was too small. 48. For Possible Action Discussion and deliberation to allow Justice of the Peace Judge Jasperson, as he deems necessary, to invite any available Justice of the Peace within the confines of NRS 4.340(2), to provide him temporary assistance until the recently elected Justice of the Peace for Pahrump Township is sworn in or for a period of thirty days, whichever date is sooner.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox; 5 yeas. 49. For Possible Action Discussion and deliberation to rescind approval of the use of approximately 4.999 acres of County owned property located at 9301 S. Homestead Road, APN 45-411-02 Nye County, Owner, to be used by the Town for volunteers to construct a Trail-Head known as Bridle Path Trail Head. This item was removed from the agenda. PLANNING/BUILDING/CODE COMPLIANCE

Commissioner Wichman

made a motion to set the date, time and location as February 5, 2019, at 11:00a.m. in Tonopah; seconded by Commissioner Schinhofen; 5 yeas.

Commissioner VVichman

read the title of the bill into the record. December 18, 2018

Commissioner Koenig

said while staff recommended January he needed a motion for the second meeting in February.

Commissioner Schinhofen

made a motion to set the date, time and location as February 19, 2019, at 11:00 am, in Pahrump; seconded by Commissioner Wichman; 5 yeas.

Commissioner Schinhofen

read the title of the bill into the record. PUBLIC PETITIONER

Commissioner Schinhofen

made a motion to proclaim January, 2019 as National Radon Action Month; seconded by Commissioner Wichman; 5 yeas.

Commissioner Schinhofen

made a motion to move the fees from the Veterans fund to pay them for the gentleman.

Commissioner Wichman

noted there were agencies available to assist Mr. Tross like the Veterans’ Association and places like that. She said if the Board voted to waive the fees for Mr. Tross because he was a veteran and was having a hard time paying them it meant all the other taxpayers would pick up that cost. It also meant every other veteran or person having a hardship could use this situation to ask the Board to waive their fees as well. December 18, 2018 54. For Possible Action Discussion and deliberation regarding a request to waive planning fees in the amount of $525.00 for the purpose of initiating the planning process for constructing a garage at 3981 Blosser Ranch Rd., Pahrump, NV. Larry Tross Requestor/Property Owner-Cont’d.

Mr. Tross

said he was financially able to pay for it, but he did not like the risk as the Board just passed an ordinance that said a garage could not be built without a house and he was concerned with the price of housing today.

Commissioner Wichman

said that was what Mr. Tross could request a waiver for. This item died for lack of a motion.

Commissioner Koenig

agreed. Dan Simmons said if anyone knew of someone really in need of a set of glasses and an eye exam who could not afford it they should drop a note across the street to Dr. Leeks. He was doing 12 days of Christmas and would probably give out 20 of them.

Commissioner Koenig

adjourned the meeting. APPROVEDthi5 ATTEST: Qf c2nL. 2019. ir’ d a5T 2, Nye County Clerk I Deputy 7- 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. Nov. 20, 2018 the Town of Amargosa Valley sent a letter to the Dept. of Taxation requesting an extension for the timely filing of the annual financial audit for the year ended June 30, 2018. The Town is unable to file its audit report because Nye County has not completed accounting for the year ending June 30, 2018. ATTACHMENT 1 Dec. 18, 2018 Item 3 Comment by John F. Bosta Page 1 TOWN OF AMARGOSA VALLEY, NEVADA Erik Rowley NOV 26 2D18 Local Government Division Department of Taxation Capital Complex Carson City NV 89713 Re: Audit of The Town of Amargosa Valley Dear Mr. Rowley; Pursuant to NRS 354.624(1) the Town of Amargosa Valley requests an extension for the timely filing ot the annual financial audit for the year ended June 30,2018. The following information is provided as required by Nevada Administrative Code 354.735. Name of Government: Town of Amargosa Name of Audit Firm: DANIEL C. McARTHUR, LTD. Certified Public Accountant Date report will be filed with the governing body by: February 28, 2019 Date report will be filed with Department of Taxation by: March 15, 2019 Reason application is being made for extension: The Town’s accounting records are maintained by Nye County as required by statute. The Town is unable to file its audit report because Nyc County has not completed accounting for the year ending June 30, 2018. The County Treasurer and Deputy Treasurer resigned in the middle of the 2018 fiscal year. The Treasurer office performs several significant financial functions. Several functions have not been completed since the resignation of the Treasurer and Deputy Treasurer. Bank and investment account reconciliations for the period of December 2017 through June 2018 are not complete. Cash and investments are a material asset of the Town. Until bank/investment reconciliations are finished, an accurate financial statement cannot be prepared. 821 East Farm Road, Amargosa Valley, NV 89020 Names of person making application: Jimmy Thomas Date of Application: November 20, 2018 Sincerely, Jimmy Thomas, Chairnan Mike Cottingim, Amargosa Valley Town Board Amargosa Valley Town Board I STATE OF NEVADA DEPARTMENT OF TAXATION RENO OFFICE 4500 KIetzIee Lane Web Site: http:lltax.nv.us Soil&i L. SulIn 235 1550 College Parirway, Soite 115 Ratio. Nevac 89502 Canon CIty. Nevada 89706-7937 Phone: (776) 687-9999 Phone: (7751 684-2000 Fax: (775) 684-2020 Fax: (775) 688-1 303 BRIAN S4NDOVAL Goveno, LAS VEGAS OFFICE HENOERSON OFFICE JAMES DEVOLLD Grant Sawyer Office Bulzdng. Sultel3CO 2550 Paean Verde Parkway, Suile 180 fl,nk, Ncvadn Ta’ Conmisajo,, 555 C. Washinglon Avenue Henderson. Nevada 89074 WILLIAM 0 ANDERSON Las V.0aa, Nevada 89101 Phone: (702) 486-2300 Erecuffie Die-cur Fhcr,e: (702) 486-2300 Fax (7021 486-2373 Fax: (702) 486-3377 November 29, 2018 Town of Amargosa Valley Jimmy Thomas, Chairman P0 Box 129 Seatty, NV 89003 Re: Request for Extension on Annual Audt Report Dear Mr. Thomas The Department of Taxation is in receipt of your request for an extension of the filing requirements for the annual audit report. It is the Department’s policy to grant extensions only where unforeseen and uncontrollable conditions exist, and where due care and adequate planning by both the entity and the auditor make the four- month statutory audit preparation period insufficient. Pursuant to your letter dated November 20, 2018 and the Department’s policy on granting extensions, Town of Amargosa Valley is hereby granted an extension until December 31, 2018 for the submission to its governing body the audit report for the fiscal year ending June 30, 2018, The extension is contingent on the submission of Iwo copies of the audit report to the Department of Taxation no later than January 31, 2019. If you should have any questions, do not hesitate to call me at (775) 684-2027. My e-mail address is barraqan(tax state.nv.us. Sincerely, ck. Eveiyn P. Barragan C Local Government Finance, Budget Analyst Department of Taxation Cc: Daniel C. McArthur, LTD 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. WV-20 18-000077: An application for a Waiver from Nyc County Code 17.06.040.D. 17 to allow a reduction of the security plan requirements for a Marijuana Establishment (production facility) located at 3015. Oxbow Avenue, Pahrump, NV. Assessor Parcel Number 038-244-09 should be denied, The applicant is requesting to waive one of the required security elements from the checklist. Please see attached letter from applicant. Note that some information has been redacted due to the sensitive security nature of the request. The public is not aware of which security element is requested because of the redacted letter. The redacted letter does not request which item is to be waived. The Planning Dept. provides the request not the letter. NRS 17.03.030(D)(17) has 6 or more items, which one is waived? The Agenda must be clear and complete. NRS 241.020(2)(d)(1) illustrates that the Legislature enacted the statute because ‘incomplete and poorly written agendas deprive citizens of their right to take part in government.” 119 Nev. at 154, 67 P.3d at 905. The Court also stated, “Nevada’s Open Meeting Law seeks to give the public clear notice of the topics to be discussed at public meetings so that the public can attend a meeting when an issue of interest will be discussed.” 119 Nev, at 155, 67 P.3d at 906. Nye County Code section 17.06.030 (D)(17) the Nye County security checklist detailing the proposed security for the site, buildings, and transportation vehicles, including proposed security cameras, fencing, building access and security policies and procedures for review and comment by the Nye County sheriff, for consideration by the board of county commissioners, prior to issuance of the initial marijuana license; and grantee shall provide annually a written security report to the board of county commissioners for consideration prior to approval of any annual license renewal. 17.06.030: MARIJUANA ESTABLISHMENT ZONING REQUIREMENTS: .(Ord. 511, 2017) D. Mandatory Conditions Of Approval: The board may impose conditions of approval that are more restrictive than those required by this section in the sole discretion of the board. The approval of any minimum special use permit authorizing the operation of a marijuana establishment must contain the following conditions: 17. Security And Transportation Plan: The special use permit grantee shall submit a security and transportation plan compliant with Nevada Revised Statutes 453A and the Nye County security checklist detailing the proposed security for the site, buildings, and transportation vehicles, including proposed security cameras, fencing, building access and security policies and procedures for review and comment by the Nye County sheriff, for consideration by the board of county commissioners, prior to issuance of the initial marijuana license; and grantee shall provide annually a written security report to the board of county commissioners for consideration prior to approval of any annual license renewal. Respectfully submitted, L1 7 go& ATrACHMENT2 Jo F. Bosta Dec. 18, 2018 Item 11 Comments by John F. Bosta Page 1