January 23, 2019

Commissioner Strickland’s

face on it. He said there was an NRS stating if they were not down there could be a fine so Mr. Goldstein felt someone needed to be fined. He then spoke about the Board voting two years ago to allow Valley Electric to sell their transmission lines. Valley Electric was to build the town a $10 million recreation center, which they had not done, and now rumors were floating around that they were trying to get out of it. Mr. Goldstein said the Board needed to find out what was going on because a lot of people voted for the item because of that and Valley Electric needed to be made to live up their agreement. Diane Southworth advised the NyE Communities Coalitions Holiday Task Force served 450 people for Christmas with the leftovers going to You Matters. The next event would be on the Saturday before Easter at Petrack Park. Also, on February 23, 2019, the VEW was having a USC show at Saddle West and tickets were $15.00. Additional outreach efforts included a program for life skills to teach people such things as food nutrition, stress reduction, budgeting, work readiness, and resume writing. A workshop for diabetes self management also started on January 17, 2019, and it was a six week program. As far as the food pantry, it served 7,128 people in the last month and that did not count two different places they did not get the numbers from. Ms. Southworth wished one of the Commissioners would loin the outreach group. John Bosta stated he had recently been informed Station 51 HAZ-MAT was disbanded and all of the equipment was districted to the fire departments in Pahrurnp and Beatty. He said DOE had approved Fire Station Si’s use of PETT money to build that station for HAZ-MAT. Mr. Bosta thought disbanding that station had eliminated the HAZ-MAT protection of the County and he could not see how a County fire department could be disbanded at the action of the town manager and the head of Emergency Management. George Cortell asked the Commissioners if they had ever checked the communication systems at the jail. He said the turnkey company the Board hired could not keep proper booking. He had made several payments and none of them were showing up on his printouts. Additionally, one could barely hear or understand an inmate and the system froze constantly. Mr. Cortell thought if there could be communication between the January 23, 2019 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’j-Cont’d. Sheriffs Office and their people on the road then certainly there could be a better system in the jail.

Commissioner Koenig

asked if Mr. Cortell was speaking of CCA or the County jail. When Mr. Cortell said it was the County jail, Commissioner Strickland said the Commissioners could look at that at the next inspection. Dwight Lilly discussed the new County employee and whether or not jobs had to be posted for positions to be hired by Nye County. He wondered if the Board could address that in their Commission report. He then advised that on February 2. 2019, the private well owners would have their meeting and annual their elections would take place. The ongoing public education program would discuss the proper maintenance of septic systems. Mr. Lilly also mentioned the Town of Belmont and the wildcat well drilling taking place one-tenth of an acre lots. He said that was something the private well owners would try to address through the County and the Water District. Lastly, Mr. Lilly said as Pahrump continued to grow he believed the town needed to hold regular town hall meetings Stanley Schaffer expressed his concerns about County employees who did not live in the County. As of January 10, 2019, there were 50 County employees who did not live in the County. Those 50 employees at $20.00 an hour was close to $3 million a year, which bled the County. Those employees were not homeowners or renters and did not frequent the local businesses. Mr. Schaffer suggested in the future that consideration be given to either setting a different pay category for those who did not live in the County, limit their overtime and longevity pay, or if the person did not live in the County they did not work for the County. Debra Wright from Homeless Response of Nevada said they were sponsoring a veterans’ service dog program. Tynia Dickson from Homeless Response of Nevada advised they had two veterans currently going through the program and they had over 80 hours of training so far with them. They were about four months into the program and in the final phase of training. The graduation would be open to the public with the date to be determined. The next class would begin February 4, 2019, and they were screening veterans for that class. Ms. Dickson said the program was designed to give veterans a way to receive service dogs in a timely fashion as well as to get them involved with their community by volunteering to train other dogs for other veterans as well as their own dogs.

Commissioner Koenig

asked if they bought the dogs or got them from the pound.

Ms. Dixon

said they were initially buying dogs, but they also trained individuals’ dogs and both of the veterans in the program right now were training their own dogs. January 23, 2019 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. Ski Censke said his company had a contract with the County to conduct the town and County excess equipment auction, which was very challenging with vehicles and equipment spread out in eight different locations in the County. He wanted to give everyone the opportunity to bid, so he was going to do a live Web cast. The catalog was currently on-line. People could pre-bid and the auction would be conducted live and in simulcast in chambers on February 9, 2019, at 9:00 a.m. He thanked the County staff for assisting with setting this process up. Robert Adams spoke about the Clark County federal land bill, which was a Nye County issue because it would re-designate significant land in Nye including Big Dune, which it would actually close. This was moving a lot faster than what Mr. Adams thought it would and while Clark claimed to be working with the citizens there, they were moving ahead with the bill in D.C. Mr. Adams asked the Board to let Clark know this was Nye, an equal entity, and to let Nye take care of its own public land. Dave Stevens said the electric company was supposed to give the town $5 million and the town really needed a swimming pool. Doug Blackscock said there was a drainage issue on Blagg Road north of Atkinson. He was trying to figure out why there was a drain coming from the track that went nowhere. Regarding the work at Homestead and Highway 160, there was a water main break there and he wondered who controlled the roads in Pahrump, the utility company or the County, as that should have been repaired in a couple of weeks. Mr. Blackscock also wondered why the County had its barricades there rather than having the utility company pay for those. Lastly, he asked if anyone had ever heard of Pulse Point, It was a text messaging service that went through dispatch to the fire department and was all set up for CPR. It would allow for people on public property who had a CPR card to provide assistance before the fire department arrived. Ron Gipson said the Web site to bid on the County vehicles was www.estates411.com.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox; 5 yeas. January 23, 2019 SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Cox

noted there was a law that required the signs to be taken down within 30 days if posted on public property, but if they were on private property there was no limit. She then thanked everyone for the information on Fire Station 51 as she did not know anything about that and thought it was a concern. Commissioner Cox would also contact the lady that took care of the phones at the jail as she may not know there was an issue.

Commissioner Blundo

talked aboLit the 4-H robotics competition that he enjoyed and said he would like to look at the funding that was cut from the Cooperative Extension. He then asked for an update on the situation with Homestead and Highway 160. Tim Sutton said that had been going on for about a year and a half. The County did control its own roads, but the damage was done by the Great Basin Water Company and the fight had been about who should pay for the repair. He offered to invite Great Basin to come and answer some of the Commissioners questions, which

Commissioner Koenig

asked staff to come back with an agenda item to review the Pahrump committees. Some of the liaison positions had gone away and the committee should probably go away also. He then advised that yesterday he attended a meeting with the Comptroller and Treasurer in Carson with the Committee on Local Government Finance (CLGF) to discuss the problems in the Treasurer’s Office. The decision they made was they wanted the County to come up with a plan with a schedule with timelines on how it would get caught up on the Treasurer’s reports and get the numbe rs corrected. Commissioner Koenig would meet with the Treasurer and the Comptroller to come up with a plan, which he would bring back to the Board for approval. He would also report to the CLGF on a regular basis on how the County was doing with that plan. By agreeing to do that Commissioner Koenig stated it meant at the next meeting they would not put the County on fiscal watch. Savannah Rucker reiterated the County was not on a fiscal watch but rather under advisory. The CLGF wanted to provide oversight and assistance to the County to get January 23, 2019 6. Commissioners’IManager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslagendas)-Cont’d. over this hurdle. The audit would be to the Commissioners by January 31 2019, which was a key component for CLGF. The CLGF requested that Commissioner Koenig. the Treasurer and she come together to develop a corrective action and timeline. Fiscal impacts as well as the timeline would be discussed when the Board heard that item, and any recommended changes would be made and then presented to the CLSF. Mrs. Rucker believed the next meeting would be in April and she would make sure the Board and Administration were aware of it. TIMED ITEMS

Ms. Caird

said in twelve months they travefled 223,872 miles with 17,152 vehicle revenue hours, so the need was there and the limited number of people that knew about the service were making use of it. They had also started sponsorship rider contracts.

Ms. Caird

invited everyone to their anniversary celebration on March 2, 2019, from 1:00 p.m. to 4:00 p.m. at the office located at 601 S. East Street. January 23, 2019 9. 10:30 Presentation from Michelle Caird with the Pahrump Valley Public Transportation Committee regarding the Pahrump Valley Public Transportation Program-Cont’d.

Commissioner Blundo

wanted people to know this was supported by the RTC.

Commissioner Cox

asked if the $25.00 charge to Las Vegas was for a round trip.

Ms. Shields

explained it would be round trip for medical, however, it would still be $25.00 if they were in the area and could take someone one way if they chose.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Strickland

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

Commissioner Koenig

opened the pubUc hearing. Harley Kulkin said he was on the planning commission during the creation of planning and zoning and he brought the rural homestead residential zoning forward. Through the years he had been watching it disappear. Mr. Kulkin believed the ruralness of the community was what kept it safe and he supported this conversion.

Commissioner Koenig

closed the public hearing.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland; 5 yeas. January23, 2019

Commissioner Koenig

opened the public hearing. Constance Plotkin said she lived on Kent Street near where this zoning was being requested. She was at the last hearing when the same company wanted to change the zoning on this piece of property and it was not approved. Ms. Plotkin did not think anything had changed since then and her concerns were still the same. She had spoken with neighbors and families as well as grandparents and parents of students who went to school at Hafen Elementary. They all shared the same concern that this was a small two lane road that they wanted to put a store on which would increase traffic and people coming into the area where there were a lot of elementary school children walking to and from school. She pointed out there was a lot of property down around the corner and up the block zoned for these kinds of businesses. Mrs. Plotkin was against this project. Vnce Halt lived right down the street from this lot and had a five year oLd that needed to walk to the elementary school. Knowing the traffic was going to increase Mr. Hall wanted to go on record that he was highly against this. Dwight Lilly was in favor of the store because the town needed more operations of this type. John Bosta thought the children would not use the crosswalk and would go straight across in the middle of the road. He feared a child would be hit if the Board approved this. Mr. Bosta suggested a caveat that a crosswalk be built from the school to the store. Art Forester wanted to see the property stay residential because they were having a hard time with the speed limits now. January 23, 2019 12a. For Possible Action — Public Hearing, discussion and deliberation on MP 2018-00001 1-Cont’d. 12b. For Possible Action — Public Hearing, discussion and deliberation on ZC 201 8-000029-Cont’d. Harley Kulkin said no one wanted the mini-storage on Gamebird and Homestead, but nothing happened after it opened. The town needed jobs and there was a flip side to everything people said. He did not think traffic would be a problem as these little stores did not seem to have a lot of people in them at one time. He said if there was a problem with speeding then the Sheriff should be sent out there. Mr. Kulkin did not want to stop progress and get the reputation of being against everything. Jillian Springs said she did not see any need for a commercial property next door to a school. Walt Turner said he was personally for progress, but the impact to the community had to be considered. He thought if there were already problems with the traffic this might fix that by having prerequisites going in.

Commissioner Koenig

closed the public hearing.

Commissioner Strickland

made a motion to deny MP-2018-000011 and ZC-2018- 000029; seconded by Commissioner Cox. Doug Kinsey said he was developer of the Dollar General Store on Highway 160. He explained one of the reasons they were looking into this area was because there was not a day that someone from the Hafen Road area asked for something there. Several people made comments at the Planning Commission about the school, traffic and safety. County staff thought Mr. Kinsey should come with some empirical data to address that situation so they had a traffic study done. Ted Egerton with Lochsa Engineering said a traffic count was done during peak hours and those volumes were projected out to the opening date of this proposed store as per County standards. They then estimated the trips generated by this development and did a level of service analysis of Hafen and Kellogg. County standards called for at least a level of service C or better with the project completed. Their analysis indicated the overall level of service ranged from A to B in the morning and A in the afternoon. The levels of service at that intersection based upon the existing volumes, the growth factor, and the project were still level of service B. Mr. Egerton also researched the accident history at that intersection and learned that in the Past three years there had not been a reported accident there. There were full crosswalks on the north and west ends of the intersection, there was appropriate signage, and in summary the impact of the store onto the intersection was minimal at best. January23, 2019 12a. For Possible Action — Public Hearing, discussion and deliberation on MR. 2018-000011 -Cont’d. 12b. For Possible Action — Public Hearing, discussion and deliberation on ZC 201 8-000029-Cont’d.

Commissioner Koenig

said the issue was the kids walking across the street to get to the store. He felt they should have done a traffic analysis of Highway 160 where the store was now. He thought that was the worst decision NDOT ever made and he was afraid the same problem would occur here but with children being hit instead of cars.

Commissioner Strickland

pointed out the master plan for Pahrump had areas set aside for this type of development. This store would fit into neighborhood commercial, but there were no neighborhood commercial properties adjacent to a school and there was a reason for that. Commissioner Strickland said the County did want the business! but it needed to go in the areas already designated.

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. The Board took a brief recess

Commissioner Blundo

asked about the pothole machine.

Mr. Dahi

said they purchased a spray patcher last year with RTC funding which was primarily used in the northern part of the County. Oil for it was received yesterday and he would bring it south to use during the winter months. Mr. DahI explained it was a much more permanent way to repair cracks or potholes in the road over cold mix. January 23, 2019

Commissioner Ccx

asked if Mr. Dahi received her e-mail this morning about Winery Road.

Mr. Dahi

said yes and as far as he knew Winery was the County’s, but staff was looking into the specifics of the file maps. He said he would respond to the gentleman.

Commissioner Koenig

asked what the dura-patcher cost and what the results of it were up north.

Mr. Dahl

said it cost $75000.00 and people were stopping the crew while they were doing spray patching and thanking them for the attention they were getting on the roads up there.

Commissioner Wichman

referred to the part of the report where the things taking place in Round Mountain were listed. She suggested putting that on the reports as Smoky Valley as the stuff listed was not Round Mountain. That would also anticipate the changes coming in the future if Hadley did a resolution. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. CLERK

Commissioner Koenig

made a motion to appoint Pam Tyler; seconded by

Commissioner Wichrnan

; 4 yeas. Commissioner Strickland voted nay.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners.

Commissioner Wichman

made a motion to appoint Rob Shirley, Allison Henderson, William Venter, and Linda Shirley; seconded by Commissioner Blundo.

Commissioner Cox

believed there was a law that said relatives could not be on advisory boards. Linda Shirley and Rob Shirley were married or related and she thought that should be checked out. January23, 2019 27. For Possible Action Discussion and deliberation to appoint four members to the Beatty General Improvement District pursuant to NRS 31 8.095 due to no candidates filing to run for election and vacancies not being filled this past year Cont’d. Erika Gerling from Beatty advised the general improvement district was not an advisory board. Sam Merlino believed the relative issue had been looked into before and family members could be appointed in these small communities due to the difficulty in filling the positions. Bradley Richardson advised he would have to check it out and recommended holding off on the appointment untU he was able to look into it.

Commissioner Wichman

withdrew her motion: Commissioner Blundo withdrew his second.

Mrs. Merlino

thought the Board needed to appoint three members as right now there was only one.

Commissioner Wichman

made a motion to appoint Rob Shirley, Allison Henderson, and William Venter; seconded by Commissioner Blundo; 5 yeas. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Strickland

assumed the Chair of the Licensing and Liquor Board. LIQUOR 14. For Possible Action Discussion and deliberation to approve a 90-day temporary Retail Liquor License for CourseCo., LLC., the sole member of Pahrump Golf, LLC. for the Lakeview Golf Course located at 1471 E. Mt Charleston Dr., Pahrump, NV. William Peers Manager/Applicant John Telischak and Thomas lsaak Owners/Applicants. Saniantha Tackett advised the applicant had comp’eted the application, had completed and passed the fire and health inspections, and had passed the cursory investigation by Detective Sehnert. She recommended approving the temporary license.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Blundo. Detective Chris Sehnert advised there were still two fingerprint cards to go out to the FBI. January23, 2019 14. For Possible Action Discussion and deliberation to approve a 90-day temporary Retail Liquor License for CourseCo., LLC-Cont’d.

Commissioner Strickland

noted it was common and customary for the Board to allow for the temporary now until those results came hack.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. The Board was in recess until 1:30 p.m.

Commissioner Cox

was not present. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 15. Committee Reports There were none. 16. For Possible Action Discussion and deliberation regarding a request to waive the Pahrump arena use fees for ten days for the non-profit community club Pahrump Valley Rough Riders.

Commissioner Strickland

made a motion to approve the waiver of the Pahrump arena usage fee for the Pahrump Valley Rough Riders; seconded by Commissioner Blundo; 5 yeas. Bob Young requested the Board waive the use tees for ten days for the non-profit community club Pahrump Valley Rough Riders. He knew how important the use fees were to the success of a community horse event, but the absence of use fees could also benefit the Rough Riders by allowing the club to attract new members. 17. For Possible Action Discussion and deliberation to: 1) determine that eleven (11) Town of Pahrump golf carts are no longer reguired for public use; and 2) determine it is in the best interest of the Town of Pahrump to allow Pahrump Golf, LLC. to trade the carts in on a lease agreement which Pahrump Golf, LLC. is going to enter into for Yamaha golf carts.

Commissioner Blundo

made a motion to determine that the eleven Town of Pahrump golf carts were no longer required for public use and it was in the best interest of the Town of Pahrump to allow Pahrump Golf, LLC to trade the carts in on a lease agreement which Pahrump Golf, LLC was going to enter into for Yamaha golf carts: seconded by Commissioner Wichman. January23, 2019 17. For Possible Action Discussion and deliberation to: 1) determine that eleven (11) Town of Pahrump golf carts are no longer required for public use; and 2) determine it is in the best interest of the Town of Pahrump to allow Pahrump Golf, LLC. to trade the carts in on a lease agreement which Pahrump Golf, LLC. is going to enter into for Yamaha golf carts-Contd.

Commissioner Cox

said she did not see a cost for the new ones that the old ones were being traded in for.

Commissioner Koenig

thought that was because the County was not buying or leasing them and was just giving permission.

Commissioner VVichman

made a motion to approve items 18-20; seconded by

Commissioner Blundo

; 5 yeas. 19. 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 $752.00 to the owners of APN 018-381-20, John E. and Ann Harness.

Commissioner Wichman

made a motion to approve items 18-20; seconded by

Commissioner Blundo

; 5 yeas. 20. For Possible Action Approval to set the date and location for the second April meeting of the Board of Commissioners for Tuesday, April 16, 2019 in Pahrump, Nevada.

Commissioner Wichman

made a motion to approve items 18-20; seconded by

Commissioner Blundo

; 5 yeas. January 23, 2019 BOARD OF COMMISSIONERS 21. 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. 22. 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. 23. 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. 24. For Possible Action Discussion and deliberation regarding Commissioner Liaison I Representative positions.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. 25. For Possible Action Discussion and deliberation to appoint one member and one alternate to the Tn-County Weed Control Board due to one resignation and one vacancy.

Commissioner Wichrnan

made a motion to appoint Donna Motis as the full-time board member and Dennis Eastley as the alternate; seconded by Commissioner Blundo; 5 yeas. TREASURER

Commissioner Wichman

found it odd that the first time Mr. Prudhont came to the Commissioners he wanted them to hire someone to do what he was supposed to do. She noted that to have Mr. McArthur come in and do the Treasurer’s job by balancing the check register every month was not part of his duties and was a separate contract. She suggested that Mr. Prudhont do his best with Mr. McArthur’s help, put his staff on task, and start producing the reports.

Mr. Prudhont

noted that it had taken an average of one month for Mr. McArthurs firm to produce one report. If it took them that long to do one it would appear to him that reasonably his office would be six months behind all the time. Savannah Rucker advised the October 2, 2018, meeting was the last time a Treasurer’s report was supposed to be presented by Pam Webster, which was also the last day of her employment. That was the day Mrs. Rucker contacted the auditor and engaged with him to execute the bank reconciliations for fiscal year 2018 to facilitate the audit.

Mr. McArthurs

office started October 2. 2018, and had also been performing audit duties in conjunction with those bank reconciliations.

Commissioner Koenig

said the agreement with the CLOF was the County would come back to them with a plan, part of which was to determine who was going to do what, when, and how long it would take. When Commissioner Koenig, Mrs. Rucker and Mr. Prudhont met they would come up with a recommendation for the Board as to how to fix the problems. He also pointed out if it the Treasurer’s Office was to do something the fiscal impact would not be as large as hiring Mr. McArthur’s firm.

Commissioner Strickland

suggested asking Mr. McArthur what his billable hours were at this point without the auditing portion so that could be projected out for staff.

Mrs. Rucker

said he was not done with the bank reconciliations yet as he was waiting on information from the Treasurers Office.

Mr. Prudhont

then discussed what he had discovered since he had been in office. He said there was never any cross training and there was no operations manual, The policy in the office for the last year at least was that each of the deputies were assigned to do a particular set of tasks and were not to communicate with other deputies about January23, 2019 their tasks or help to complete other tasks. There had also been no employee reviews in years.

Commissioner Koenig

asked if the union required annual reviews. Tim Sutton could not remember if it was required in the CBAs, but evaluations were supposed to happen per the personnel policy.

Commissioner Wichman

said she looked forward to hearing the next report and the plan.

Commissioner Blundo

said he appreciated the Treasurer’s time here today, but he expected a little more in the presentation as to the path forward and would like to hear that path forward in two weeks. Commissioner Blundo was also disheartened as he heard more negative than leadership today and he suggested Mr. Prudhont watch what

Mr. McArthur

did. There was discussion as to when the Treasurers report had to be on the agenda.

Commissioner Koenig

said per NRS it had to be on the first meeting, but Mr. Prudhont thought it was not possible to report the prior month on the first meeting of the next month. Mrs. Rucker explained what had been done in the past, which was accepted by the auditor as well as the Department of Taxation, was at the first meeting of the month the Treasurer’s Office reported on two month’s prior, so January would be presented at the first meeting in March.

Commissioner Blundo

asked to hear from the Treasurer every meeting.

Commissioner Koenig

advised he had requested a standing agenda item on the first meeting of every month as long as he was Chairman for the Treasurer to talk to the Board. COUNTY MANAGER

Commissioner Koenig

made a motion to approve.

Commissioner Koenig

stated they had the right to the bargaining agreement and if the Board did not add them to this union then there would be another union formed next week. January23, 2019 29. For Possible Action Discussion and deliberation to approve a Settlement Agreement between Nye County and the Nye County Management Employees Association (NCMEA) to allow the modification of the Collective Bargaining Agreement (CBA) for the purpose of adding and removing certain positions or classifications-Cont’d.

Commissioner Wichman

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

Commissioner Blundo

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

Commissioner Blundo

made a motion to issue a refund of application fees paid by Lavon Salonic in the amount of $375.00 for CU-2018-000055; seconded by

Commissioner Koenig

. January 23, 2019 33. For Possible Action Discussion and deliberation to issue a refund of the application fees paid by Lavon Salonic in the amount of $375.00 for CU-201 8- 000055-Cont’d.

Commissioner Koenig

said he was at the RPC meeting when this came up. This woman was 91 had been doing this since 2002. All of a sudden for some reason it was discovered she did not have a CUP. She was not adding any more dogs and just wanted to continue to do what she was doing until she passed away. She already made arrangements for the dogs when she passed. She was a retired teacher who lived off of her retirement and here government was telling her to pay $375.00 to keep doing what she had been doing for the last 17 years. Commissioner Koenig thought that was grossly unfair so he asked for this item.

Commissioner Cox

asked how this even came to the County’s attention. Planning Director Brett Waggoner explained she applied for her animal permit for the kennel, but the Code required the Sheriff’s Office to ask for the CUP, which she did not have. Regardless of how things had been done in the past, the rules were followed this time. She was now in compliance and it was up to the Board if she should get her money back.

Commissioner Cox

asked if there was a grandfather clause that could have been applied to this situation.

Mr. Waggoner

said technically no. She had been at and owned the property since 2001 and Title 6 permits began to be issued in 2009. In order for it to have been grandfathered it would had to have been a non-complying grandfathered use initially.

Commissioner Cox

thought Title 6 needed to be looked at to rework some of this.

Commissioner Blundo

made a motion to approve the annual renewal application for MM-201 8-000069; seconded by Commissioner Wichman; 5 yeas. Mike Floyd asked the Board to consider moving all license renewal periods to one month so everything could be done at one time. January 23, 2019 34. For Possible Action Discussion and deliberation on Medical Marijuana Establishment License Annual Renewal Application MM-2018-000069-Cont’d. Brett Waggoner said as of July 1, 2019, it would be on a yearly cycle where all applications came due at the same time.

Commissioner Blundo

made a motion to approve 35a and 35b contingent on patching the street, approval through Planning with the fencing, and the recommendation of the Sheriff; seconded by Commissioner Wichman; 5 yeas. January 23, 2019 PUBLIC WORKS

Commissioner Wichman

made a motion to approve February 5, 2019, at 10:00 am.; seconded by Commissioner Blundo; 5 yeas.

Commissioner Wichman

assured Mr. Floyd the Board was aware of it and it had been brought up at the State level.

Commissioner Blundo

stated for the record that the Department of Taxation used Mr. Floyd’s facility to train other staff and he was part of that gold standard. John Bosta did not understand how the Board could give people licenses to grow marijuana based upon certificates issued by the health department that expired after 18 months. Two licenses were given today to a company that had not gotten a new certificate from the Department of Taxation.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of — 2019. C. — _z_p.c_t r-,xc f ( Nyd Couhty Clerk! Deputy