February 19, 2019

Commissioner Blundo

made a motion to approve; seconded by Commissione r Cox.

Commissioner Koenig

asked the Clerk to check the recording because he believed Station 51 referred to by John Bosta was in Pahrump. Also, on page 3 there was an extra one before the one-tenth of an acre lots referenced by Dwight Lilly.

Commissioner Blundo

amended his motion to approve with changes; Comm issioner Cox amended her second; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS 5. For Possible Action - Emerqency Items This item was removed from the agenda. 6. Commissioners7Manager’s Comments (This item limited to announ cements or topics/issues proposed for future workshops/agendas) There were none. TIMED ITEM S

Commissioner Koenig

reviewed the procedures for this appeal. He then asked for a motion to accept the back-up documents.

Commissioner Cox

made a motion to accept back-up documents into the record; seconded by Commissioner Blundo; 4 yeas. February 19, 2019 8. 10:00 For Possible Action Discussion and deliberation on appeal (pursuant to Nye County Code Title 6, Animals, Section 6.40.010) of the Nye County Sheriff’s Office’s amended denial of a Special Conditions Animal Permit application Cont’d. Arlette Newvine, attorney for appellant, and Karl Mitchell, appellant, identified themselves. Addressing appellants counsel, Commissioner Koenig stated this appeal involved Nye County Animal Control’s special conditions animal permit amended denial dated July 27, 2018, and asked her to present her appeal to the Board. As a procedural issue, Ms. Newvine first asked the District Attorney there if was information known by the County as to Lieutenant Harry Williams’ previous actions deeming him a Brady Cop. Maria Zlotek said that witness was offered as a rebuttal witness for the dates in question. The credibiHty would be judged in a semi non-judicial administrativ e hearing.

Ms. Newvine

felt Mr. Williams’ credibility was absolutely relevant as everyth ing brought against her client had to do with statements made by Mr. Williams. She had submitted a potential public records request to Human Resources, but was not sure if that was a public record. She asked Human Resources Manager Danelle Shamrell if she had time to look into it.

Mrs. Shamrell

said she did not and she would consult with the District Attorn ey and County Manager also.

Ms. Zlotek

said they had five days to respond to public records requests and they would take those five days to respond. She had no determination on whether it was a public record.

Ms. Newvine

knew Mr. Williams was fired in 2014 by Sheriff DeMeo and that had to do with his credibility as a witness and she wanted to preserve that. Ms. Newvi ne explained that during the renewal process for Kayla Mitchell’s permit the Sheriff’s Office absorbed Animal Control and took over the issuing of permits. During that transition

Mrs. Mitchell

was not getting the typical responses so Mr. Mitchell applied for a brand new permit. He got the Title 17 permit, passed inspection for the Title 6 permit, and then waited for the bill to pay his fee and get his permit. That bill never came, which was when he consulted Ms. Newvine. She learned Mr. Williams was the permit person and he directed her to Janice Maurizio because she would be taking over the new applications. Ms. Newvine was working with Ms. Maurizio on the applica tion when she received an e-mail from Mr. Williams stating Mr. Mitchell had been denied . Ms. Newvine then had meetings with the Sheriff, District Attorney Angela Bello, and

Commissioner Cox

, and each time she met with them either new reasons were added for a denial or reasons were omitted for the denial. Now this was a second amended February 19, 2019 8. 10:00 For Possible Action Discussion and deliberation on appeal (pursuant to Nye County Code Title 6, Animals, Section 6.40.010) of the Nye County Sheriff’s Office’s amended denial of a Special Conditions Animal Permit application Cont’d. denial with 100 pages, but there was nothing in the back-up that showed her client was violating his conditional use permit issued in 2018.

Ms. Newvine

advised the USDA defined exhibiting and there was case law behind it. There were tour &ements of exhibiting and every single one of those elements had to be met. In order to properly defend her client against the allegations in the report they would have to turn every single page and check off all four of those elements, Her client had never purchased a tiger so that one would never be met. Another one was the fact that her client was a private person who had extensive history in dealing with exotic animals. Her client was more than qualified to handle them, yet the focus was on Facebook posts of his wife in 2010 when the issue involved today was a CUP issued to him last year, which was land specific, and now a Title 6 permit being dealt with today which was directly relevant to his Title 17 CUP.

Ms. Zlotek

said it appeared that Ms. Newvine had made an opening statement. This was her appeal so if she would like to present her issues on appeal that was her prerogative,

Ms. Newvine

said part of the reason she thought they were here today on appeal was that no charges had been brought against her client even though a violation of the Code was a misdemeanor. She had e-mails from Mr. Williams that they were investigating her client for the Goldrake interview. She received the incident report, but her client had yet to be charged with any criminal complaint. Mr. Mitchell did take his tiger off his land into Clark County and the Sheriff’s Office should have contacted Clark County to coordinate. Mr. Mitchell had not been charged or served with any complaint from Clark County. Mr. Williams did put the USDA on notice of the Goldrake incident and everything else in the back-up. Her client had not been charged or served with any kind of complaint under the Animal Welfare Act, which Ms. Newvine thought was unfortunate because if he had been charged he would have had due process in a court of law. Ms. Newvine noted various discrepancies in Mr. Williams’ reports and figured the opinion of the District Attorney upon reading those reports was he did nothing wrong. Mr. Mitchell did not exhibit because the State had failed to present evidence of all four elements of exhibiting and instead just supplied 100 pages and hoped the Commissioners did not read through all of it.

Sheriff Wehrly

and Lieutenant Harry Williams identified themselves. Sheriff Wehrly first stated Mr. Williams was not a Brady Cop. She explained when this case went to then

County Manager Pam

Webster for appeal she was given a short period of time to give her opinion on the case. Sheriff Wehrly did not see where he had lied in the document, so she went back to Mrs. Webster and said she did not believe he lied and wondered February 19, 2019 8. 10:00 For Possible Action Discussion and deliberation on appeal (pursuant — — to Nye County Code Title 6, Animals, Section 6.40.010) of the Nye County Sheriff’s Office’s amended denial of a Special Conditions Animal Permit application Cont’d. what Mrs. Webster intended to do. Mrs. Webster agreed with the Sheriff and did not think Mr. Williams lied either.

Mr. Williams

stated this investigation started in June, 2018, due to receipt of several photographs depicting exhibition of tigers during the application process. One of the people contacted was David Goidrake at the Tropicana, who stated on September 22, 2017, Mr. and Mrs. Mitchell brought their tiger cub Abraham to the Tropicana and exhibited or showed people present at the time and he paid Mr. Mitchell $750.00 in cash. Mr. Mitchell had been exhibiting for several years and there were multiple photographs which went back ten years to show he had continued to exhibit his Ugers.

Mr. Williams

said he contacted Las Vegas and the USDA to let them know what was going on, The USDA had refused to give Mr. Mitchell a license for years. Also, a judgment by district court Judge Wanker about his CUP in 2014 stated if the CUP ever ceased for special condition animals on the property known as 6061 N. Woodchips then effective immediately the defendant and each of them shall immediately remove all animals designated as special conditions animals located there. Mr. Williams said if the Sheriff’s Office had known about that order sooner they would not be talking about exhibiting now.

Commissioner Strickland

noted the attorney for the appellant said the best way to resolve this was to get it heard by a court and suggested going back to the contempt of court case dated November 10, 2015, where the appellant was found to not be in compliance by court order and remand this back to the court to be heard.

Commissioner Blundo

asked if the Title 6 permit had ever been issued since Mr. Mitchell received the CUP, to which Mr. Williams replied no.

Commissioner Blundo

asked what the timeline was between the CUP being issued and this denial.

Mr. Williams

advised the CUP was with Kayla Mitchell and that was about a year and a half or two years ago.

Commissioner Blundo

asked when the initial denial was sent and what the reasons for denial were.

Mr. Williams

said the denial letter went out on July 3, 2018, for exhibiting his tigers along with a few other things Mr. Williams could not recall as he did not have the denial letter in front of him.

Ms. Newvine

asked Mr. Williams what his definition of exhibiting was. February 19, 2019 8. 10:00 For Possible Action Discussion and deliberation on appeal (pursuant — — to Nye County Code Title 6, Animals, Section 6.40.010) of the Nye County Sheriff’s Office’s amended denial of a Special Conditions Animal Permit application Cont’d.

Mr. Williams

stated it was showing tigers to people for a price based on the USDA.

Ms. Newvine

argued USDA case law stated it must be exhibiting one animal to the public for a fee and the animal must be purchased and intended for the distribution of commerce. While Mr Williams was saying Mr. Mitchell exhibited for a fee, he was not saying Mr. Mitchell was in the public, that he purchased an animal, or that it actually was exhibiting. If the USDA had filed a complaint then yes, he would be exhibiting, but that complaint had not been filed.

Ms. Zlotek

said the definition was on page 27 of the back-up and contained in the affidavit of Bernadette Juarez. The Animal Welfare Act defines exhibitor as any person (public or private) exhibiting any animals, which were purchased in commerce or the intended distribution of which affects commerce, or will affect commerce, to the public for compensation as determined by the Secretary.

Ms. Newvine

and Mr. Williams debated whether a dressing room was considered a public or private setting.

Sheriff Wehrly

said she would concede it was a private setting. but she wondered how the tiger got there. Obviously it went through the corridors and open areas for the public as it was being transported from one place to another so there were probably multiple people in a public setting that could have been affected.

Commissioner Blundo

asked Ms Zlotek if Mr Mitchell had been charged with anything by the District Attorney’s Office regarding this issue.

Ms. Zlotek

did not know if the USDA! Clark County or Nye County had charged him.

Commissioner Strickland

asked if there was a permitting process for transporting these types of animals across County lines.

Mr. Williams

advised a USDA license was required and they could bring another witness forward who could explain that.

Ms. Newvine

pointed out the USDA license did not qualify someone to tell the Board the procedures for transporting an animal. She said the cusp of this should be land use on the parcel her client had a license for, She did not feel the Board had the grounds to make a decision on something that happened off his land.

Commissioner Strickland

reminded Ms. Newvine that her client was in contempt of court on the district court case mentioned earlier as the CUP expired. February 19, 2019 8. 10:00 For Possible Action Discussion and deliberation on appeal (pursu — — ant to Nye County Code Title 6, Animals, Section 6.40.010) of the Nye County Sheriff’s Office’s amended denial of a Special Conditions Animal Permit application Cont’d.

Ms. Newvine

explained the Code stated when someone was in the process of renewing the status quo remained.

Commissioner Cox

stated Mr. Mitchell could not exhibit in Nye County and the Commissioners did not have the right to tell him he could not exhibit anywhere else in the country. As far as she knew he had not been charged with or told he could not exhibit in Clark County. She felt there was a bunch of hearsay here and a bunch of personal vendettas.

Sheriff Wehrly

advised her office got involved in outside incidents because Title 6 said that if he broke a law anywhere else other than Nye County that had to be taken into consideration. Title 6 required him to be in compliance with all federal, state, and local laws.

Ms. Newvine

disagreed with the Sheriff’s statement that her client had broken the law as that statement was based on an investigation that had not been pursued by the District Attorney. Ms. Newvine then asked Mr. Williams when the Sheriff’s Office took over Animal Control and if notice of the changes in the process was given to the curren t permit holders.

Sheriff Wehrly

thought the change occurred late 2016/early 2017, and Mr. Williams advised he sent some e-mails if the applicants had e-mails on file that the Sheriff’s Office was in charge of Animal Control.

Ms. Newvine

stated her client did not know about the change until November, 2017, and her client should not be the person who suffered because there might have been some cracks in the transition.

Mr. Williams

said her client did not suffer. He was told an inspection would be done. The Board took a brief recess.

Mr. Williams

introduced Scott Shoemaker, a current USDA license holder.

Mr. Shoemaker

said tie and his wife had a USDA license, a Nevada Department of Wildlife license and a Nye County permit. He explained the rule for exhibiting had always been on the property. He did not know where the fourth eiement that the animal had to be bought came from as exhibiting was the activity of showing or displaying animals to the public with or without payment. USDA regulations also stipulated if a person was transporting an animal for exhibition they must be USDA licensed. February 19, 2019 8. 10:00 For Possible Action Discussion and deliberation on appeal (pursuant to Nye County Code Title 6, Animals. Section 6.40.010) of the Nye County Sheriff’s Office’s amended denial of a Special Conditions Animal Permit application Cont’d.

Ms. Newvine

did not feel that Mr. Shoemaker or his wife was qualified to make a determination just because they held a USDA license. There needed to be solid evidence that he was exhibiting to take away his privilege to a permit and his right to due process in the permit process. The District Attorney made the decision to not prosecute within the statute of limitations as they did not think Mr. Mitchell was dangerous to the pubUc. She asked the Board to also see there was not enough evidence to pursue the investigations. She thought all the evidence today strongly pointed at overturning the denial by the Sheriff’s Office and allowing Mr. Mitchell to operate with a Title 6 permit. John Bosta said the last time Mr. Mitchell had a hearing Mr. Bosta commented about a conversation he had with Mr. Mitchell who told him he was a veteran who had a federal permit to have the animals for his emotional well being. Mr. Bosta asked the Board to respect the reasons Mr. Mitchell had the animals. Samuel Jones said he lived two or three miles from Mr. Mitchell and had never heard or saw a problem. He asked the Board to issue a permit to Mr. Mitchell and not deny him his constitutional rights to life: liberty and happiness. James Petell felt Mr. Mitchell was being harassed. Diane Holguin-Brooks said she had been going through this with the Mitchells and their tigers for the last five years. Mr. Mitchell was not taking these animals into stores with him even though by federal law he would be allowed to. She mentioned the permit the Shoemakers had and how their information went to a P.O. Box in Henderson, not to the property itself, and as of right now they did not have a CUP either. Dwight Lilly pointed out that Mr. Mitchell was a veteran who was obviously qualified to maintain the tigers. there had been no law enforcement reports of a tiger getting loose and endangering the public and no evidence presented here that something happened in Las Vegas. Mr. Lilly hoped the Commissioners would come to the conclusion that the system Mr. Mitchell was working within was broken, that the Commissioners were not really sure what was going on, and that this needed to go back through the permitting process to come up with a simpler process law enforcement and the public could handle and the Board could adjudicate. Dean Brooks saw the freedom to do things in this country being thwarted here. He told the Commissioners to think about the phrase, “The law killeth, the spirit of the law giveth life.” February 19, 2019 8. 10:00 For Possible Action Discussion and deliberation on appeal (pursuant — — to Nyc County Code Title 6. Animals, Section 6.40.010) of the Nye County Sheriff’s Office’s amended denial of a Special Conditions Animal Permit application Cont’d. Scott Shoemaker asked if the Mitchells were not exhibiting then why were there pages and Web sites stating they were a Nevada private humane society. They did not have a 501(c)3 or a Nevada corporation. As to whether they needed a CUP, Mr. Shoemaker explained they were a legal conforming use, not grandfathered, and it was clearly stated in Title 17 that those who had animals when the ordinance was passed shall not be required to get a CUP as long as they followed state, federal and local laws regarding the animals. Mr. Shoemaker asked if the Commission decided not to enforce certain laws how would those who were trying to follow them know which ones were being enforced. Further, Mr. Shoemaker stated the back-up reflected Mr. Mitchell got the animals from Oklahoma and no one knew where the animals were, including tigers and lemurs. Additionally, there was a health certificate in the back-up which had the purpose of the movement marked for exhibition.

Mr. Shoemaker’s

wife Zuzana Kukol said in order to follow USDA laws she needed to know them, so while she was not an expert she thought she knew more than Mr. Mitchell. She noted County Code 6.30.050.E. and 6.30.050.F. clearly stated people needed to have an emergency procedure for moving animals. Ms. Kukol wondered if they could not move the animals how they could fill out an application requinng an emergency plan. She wanted to know what kind of emergency procedures the Mitchells had as part of the existing application requirement in Title 6 and asked the Board to enforce the laws.

Commissioner Cox

made a motion to overturn the amended denial of the Sheriff’s Department; seconded by Commissioner Blundo.

Commissioner Blundo

asked if Mr. Mitchell would be issued a license based on that motion.

Ms. Zlotek

advised the Code did not address what would happen, but if it was denied and the Board overturned the denial then there would not be a denial. She did not know if there would be an automatic approval or if t would have to be reconsidered.

Commissioner Blundo

said the back-up reflected that on or about June 17, 2018, a citizen brought this issue forward to the Sheriff’s Office. He asked if Mr. Mitchell and his attorney had a right to face their accuser.

Ms. Newvine

advised she asked Mr. Williams who that was and had not gotten a response. February 19, 2019 8. 10:00 For Possible Action Discussion and deliberation on appeal (pursuant — — to Nye County Code Title 6, Animals, Section 6.40.010) of the Nye County Sheriff’s Office’s amended denial of a Special Conditions Animal Permit application Cont’d.

Commissioner Strickland

made a motion to uphold the denial of the special condition animal permit application for 6061 N. Woodchips Road; seconded by Commissioner Koenig.

Commissioner Strickland

was not satisfied about the transport problem. She understood the Commissioners were not the governing body for the USDA, but the Board did protect the public and could not have animals transported anywhere in the County without proper permitting. It was very evident the animal was taken to Las Vegas. Commissioner Strickland asked the Board to consider that this particular permit holder had gone outside the law and it was the Commissioners’ job to keep that from happening.

Commissioner Koenig

said he had a discussion a long time ago after one of these hearings and told Mr. Mitchell he had no problem with him sitting on his property and enjoying his animals, but Commissioner Koenig was tired of seeing pictures of his animals in p!aces other than the property and hearing about them being transported.

Commissioner Blundo

did not believe the Sheriffs Office went through a proper investigation in this matter or that Mr. Mitchell had a fair chance to get his license through the Sheriff’s Office. He told Mr. Mitchell if he was to get a license to not come before this Board again.

Commissioner Blundo

made a motion to overturn the denial and issue the license including language that the animals were not to be explicitly exhibited, they were for his emotional support, and most importantly that any transportation would be for the veterinarian or health related issues; seconded by Commissioner Cox.

Commissioner Koenig

asked for a friendly amendment that any transport be approved in advance by Animal Control.

Ms. Ziotek

noted the motion was to overturn and issue the license and that the animals not be exhibited. The emotional support statement was a legal conclusion and she recommended not putting that in the motion. February 19, 2019 8. 10:00 For Possible Action Discussion and deliberation on appeal (pursuant — — to Nye County Code Title 6, Animals, Section 6.40.010) of the Nye County Sheriffs Office’s amended denial of a Special Conditions Animal Permit application Cont’d.

Commissioner Blundo

amended his motion to overturn the denial and issue the license including language that the animals were not to be explicitly exhibited, any transportation would be for the veterinailan or health-related issues, and Animal Control was to be notified 24 hours prior to the transfer unless an emergency occurred;

Commissioner Cox

amended her second; 3 yeas. Commissioner Koenig voted nay. H/R AND RISK MANAGEMENT

Commissioner Blundo

made a motion to authorize the filling of the vacant Deputy Justice Court Administrator position; seconded by Commissioner Strickland. James Petell stated his support of this item.

Commissioner Strickland

assumed the Chair of the Board of County Commissioners. 16. For Possible Action Discussion and deliberation regarding approval of placing a memorial rock at Simkins Park to honor the life of Cassandra Selbach.

Commissioner Koenig

made a motion to approve placing a memorial rock at Simkins Park in honor of Cassandra Selbach; seconded by Commissioner Blundo. James Petell felt Mrs. Selbach deserved this. Deanna O’Donnell said they wanted to make sure Mrs. Selbach was honored for all the things she did. A rock was donated by Ron Murphy and prices were obtained from Awards Plus. Ms. O’Donnell said they were going to get donations from the public, but

Commissioner Koenig

said possibly the County would put some funds in. They were still waiting for a price and hoped to make the dedication on Easter morning when they had the Easter egg hunt.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. The Board was in recess until 2:15 p.m. TIMED ITEMS 9. 10:45 For Possible Action Discussion and deliberation to revoke, pursuant — — to Nye County Code Chapter 5.32, Marijuana and Medical Marijuana Licensing: 1) Medical Marijuana License MM-2018-000060; and 2) Recreational Marijuana License RM-2018-000022 located at 5101 S. Oakridqe Ave. Pahrump, NV, Assessor Parcel Number 044-521-41, pursuant to Nye County Code 5.32.100(B) for failure to comply with Nye County Code 5.32.110, Transferability. Oakridqe Enterprises, LLC Property Owner. Peter Gnecco, Green Cross of America, Inc. Licensee.

Commissioner Blundo

made a motion to accept additional back-up; seconded by

Commissioner Strickland

; 4 yeas. The Board took a brief recess to review the back-up. Peter Gnecco explained he did not intend to transfer the license or go through the sale until he came to the Board, but the State took seven months to do the approval and he did not anticipate it taking that long. He said the State admitted it was done in error and

Mr. Gnecco

was supposed to get the license back before the end of the month.

Commissioner Blundo

asked Mr. Gnecco if he was selling the company.

Mr. Gnecco

said yes, but the sale would not be done until the escrow was completed. Although the State gave them the license, no money had been exchanged at this time.

Commissioner Blundo

asked Mr. Onecco to address the issue of being late on the 2% to the County.

Mr. Gnecco

admitted he was late, but he paid it this morning and had proof if needed.

Commissioner Blundo

made a motion to accept additional back-up; seconded by

Commissioner Strickland

. Code Compliance Officer Amanda Van Houten confirmed the payment was submitted, however, the State forms were not included with the County paperwork.

Commissioner Blundo

withdrew his motion; Commissioner Strickland withdrew her second. Rick Cronkhite said he was the project manager for Exhale Brands Nevada and handled their regulatory compliance and business licensing. He confirmed that what Mr. Gnecco February 19, 2019 9. 10:45 For Possible Action Discussion and deliberation to revoke, pursuant to Nye County Code Chapter 5.32, Marijuana and Medical Marijuana Licensing: 1) Medical Mariluana License MM-2016-000060; and 2) Recreational Marijuana License RM-2018-000022-Cont’d. said was mostly correct. The instructions on the State’s transfer of ownership form clearly stated approval from the State was required prior to executing any type of contract. The State transferred ownership of the name prior to completion of the sale so that was an error on the States part. Mr. Cronkhite said meanwhile they were continuing their conversations with the landiord as well as Green Cross of America, Inc., to conclude both sales to perfect the license transfer. They had also been preparing all documents for local permitting. When Commissioner Blundo said the license was going back into Mr. Gnecco’s name,

Mr. Cronkhite

said that was the first he had heard of that. He had been in contact with the State Department of Taxation Marijuana Division who knew they had jumped the gun and there was no issue on their side with the corrections being made as long as Mr. Cronkhite’s company moved forward with getting the Nye County permits in order, which would be upon the closing of the sale.

Mr. Gnecco

added the problem was that the marijuana plants technically belonged to Exhale Brands Nevada, but they did not renew the license for recreational so now Mr. Gnecco was in violation while he had those plants. He also had no access to the State reporting system for that because the license had run out. He explained the reason for transfer back to him was so that he could legally hold the plants until the sale was over with.

Ms. Van

Houten stated this was the first she had heard of them attempting an SUP, but with the County licensing being revoked the SUP went with it.

Commissioner Blundo

made a motion to extend this item to the March 19, 2019, meeting and to have it come back to the Board then for review seconded by

Commissioner Cox

. John Bosta asked that his written document be included in the minutes (see Attachment 1). He said he supported the Board fining, imprisoning and revoking pursuant to Nye County Code 532.100 and 532,110 and not putting this off 30 days. Mr. Bosta said this gentleman’s permit expired because he was not in cultivation and the Board had continued to give him a license on an expired permit. He wondered f the Board would uphold the Code and protect the residents of the County.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Strickland

made a motion to reject; seconded by Commissione r Blundo; 4 yeas. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. 11. General road report by Public Works Director. Public Works Director Tim DahI said nothing flooded and created any damage the in last weather event. They did identify several areas in town due to the last rain that needed to be taken care of, like Highway 372 and Blagg. Other areas they had managed in the past performed very well, such as the pie-shaped piece of land betwee n the church and another establishment on the north side of the roundabout on Pahrum p Valley Boulevard. Regarding the durapatcher, Mr. DahI said there were still winter weather conditions up north so instead of bringing that 10-wheeler down he would send a 10-wheeler up to get modified so the durapatcher could be brought down without jeopardizing a plow truck up north. As to activities taking place at Petrack Park this weekend, Mr. DahI advised the public of some closures on Basin Road on Friday and Saturday.

Commissioner Cox

commented all potholes got washed out on several streets.

Mr. Dahi

said hopefully the durapatcher would put an end to that.

Commissioner Strickland

said the curve on Leslie had gotten bad.

Mr. DahI

explained it had narrowed over the years and they had tried to put some cold mix out there as welL It was on the list of future roads to prioritize.

Commissioner Koenig

said he sent an e-mail about the flooding problem on Warren. A lady lived close to the end of the river so she got more water than the rest of the people . She called him and complained the property was flooded again. She said Public Works used to pump it and he wondered if a culvert could be done. February 19, 2019 11. General road report by Public Works Director-Cont’d.

Mr. Dahi

said he would look into it and get back to Commissioner Koenig. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Strickland

assumed the Chair of the Licensing and Liquor Board. BROTHEL 12. For Possible Action Discussion and deliberation regarding adding Harry V. Mahoney and Kimberly A. Penny to the Western Best Inc., dba Chicken Ranch Brothel license as key personnel. Brothel License number BR1O-000129 located at 10511 Homestead Road, Pahrump, NV. Kenneth Green Applicant. Samantha Tackett explained the goal of this item was to add two key personnel to the license. She believed Mr. Green had formally requested them to be on the license as owners of the business in the event he was no longer able to perform as the main licensee, however, the way the business was set up did not allow that. The alternative was to put them on as key personnel who could work with the County on all of the license needs, but Mr. Green would be the primary licensee as the sole business owner.

Sheriff Wehrly

said the way Mr. Green wanted to set this up was perfectly legal. She was fine with it as long as Mr. Green understood if something were to happen to him it would go into his trust and they would have to apply and get their backgrounds done so there may be a break in service for a little bit.

Commissioner Koenig

made a motion to add Harry \I, Mahoney and Kimberly A. Penny to the Western Best, Inc. dba Chicken Ranch brothel license as key personnel; seconded by Commissioner Cox.

Commissioner Blundo

asked if Mr. Green had any intentions of selling his brothel as he thought he had seen advertising in the past. Trudy Kevoran, General Manager, advised if someone came to Mr. Green with an offer he would consider it, but he was not in the process of selling it at this time.

Commissioner Koenig

made a motion to approve two 90-day temporary retail and package liquor licenses for Nevada Desert Lounge located at 1481 E. Nevada Highway 372, Units B and C; seconded by Commissioner Cox. Samantha Tackett confirmed all fingerprints were in and the cursory investigation was completed and cleared. The next step was to send it off to State which was why they were asking for a temporary.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP 14. Committee Reports There were none. 15. For Possible Action Discussion and deliberation regarding a request to waive the Pahrump arena use fees for the events to be held on March 30, 2019, April 27, 2019, September 7, 2019, and October 5, 2019 for the non-profit community club Pahrump Open Schooling Show.

Commissioner Cox

made a motion to approve; seconded by Commissioner Blundo. Bob Young explained they requested the fees be waived for events held by the Pahrump Open Schooling Show. As a former member and officer of community clubs of this nature he knew the expense and hard work each member put in to produce events of this kind. It helped the young people develop a good work ethic while serving the community. The community also benefited by participants in the events spending money.

Commissioner Strickland

made a motion to approve the settlement agreement; seconded by Commissioner Blundo.

Commissioner Blundo

noted this was reflected in Mr. Sullivan’s contract and was money he was owed.

Commissioner Cox

made a motion to approve; seconded by Commissioner Blundo: 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA ITEMS These are items that Staff recommends for approval. The Board reserves the right to move any consent agenda item to the regular segment of the agenda should issues arise that need to be addressed. Discussion of any item from the Consent Agenda Items that needs review before a decision is made. 19. For Possible Action — Approval of Elected Official Collection Report.

Commissioner Blundo

made a motion to approve items 19-20; seconded by

Commissioner Strickland

; 4 yeas. 20. For Possible Action Approval to set the date and location for the second May meeting of the Board of Commissioners for Tuesday, May 21, 2019 in Pahrump, Nevada.

Commissioner Blundo

made a motion to approve items 19-20; seconded by

Commissioner Strickland

; 4 yeas. February 19, 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 to adopt, amend and adopt or reject Nye County Resolution No. 2019-08: A Resolution Supporting Senate Bill 48 Authorizing Certain Local Governments to Increase Diesel Taxes Under Certain Circumstances.

Commissioner Blundo

made a motion to adopt Resolution No. 2019-08, a resolution supporting Senate Bill 48 authorizing certain local governments to increase diesel taxes under certain circumstances; seconded by Commissioner Strickland.

Commissioner Cox

stated SB48 and SB61 increased the taxes on diesel fuel in all counties except Clark and Washoe. In 2016 all voters voted overwhelmingly in opposition to raising the diesel taxes. Commissioner Cox said in light of the fact the public had already spoken on this she would be voting against it.

Commissioner Blundo

felt there had been a lot of irresponsibility in past County Commissions. It would be cheaper to maintain the roads rather than re-build them. Furthermore, the County had nothing that taxed diesel and he would like to know how the community felt paying a tax that the County got nothing out of. Dwight Lilly said he was generally not in favor of any type of taxation, but in a limited government there were certain items that were agreed upon, one being the roads because they were part of the commerce system. He approved of this. Sam Jones objected to more taxes. Tim Dahi stated his understanding that this was not an additional tax. It was just a way to recover some of the tax already paid to the State and federal government. February 19, 2019 24. For Possible Action Discussion and deliberation to adopt, amend and adopt or relect Nye County Resolution No. 2019-08: A Resolution Supporting Senate Bill 48 Authorizing Certain Local Governments to Increase Diesel Taxes Under Certain Circumstances-Cont’d.

Commissioner Koenig

understood this was an additional tax and that this bill would allow the County to vote to add the five cent tax or put it back on the ballot. If it was approved by the Legislature than he would put it back on the ballot. He was not voting for a tax, but he was willing to vote to bring it back to let the citizens decide if they want to be taxed.

Commissioner Blundo

pointed out it was not just the additional tax component. People who drove diesel vehicles paid taxes and the County did not get that money. It went to the State and this resolution not only allowed the County to capture the money being paid in taxes but also allowed the County to spend it on its roads.

Commissioner Cox

made a motion to approve Harley Kulkin.

Commissioner Cox

explained she approved Mr. Kulkin because he had put in for it many times and it was probably his turn. He also had qualifications.

Commissioner Strickland

made a motion to appoint Robert E. Thomas, Ill; seconded by

Commissioner Cox

; 4 yeas. DISTRICT ATTORNEY 26. For Possible Action Discussion and deliberation to adopt, amend and adopt or reject Nye County Resolution No. 2019-07: A Resolution Requesting the Assistance of the Attorney General Regarding Fifth Judicial District Court Case No. CR7837, State v. Carmelo Motta; to review pursuant to NRS 228.130 to review and if determined appropriate, to handle the prosecution of said case.

Commissioner Blundo

made a motion to adopt Nye County Resolution No. 2019-07; seconded by Commissioner Cox: 4 yeas. February 19, 2019 27. For Possible Action Discussion and deliberation regarding: 1) retaining counsel to be selected by the District Attorney as counsel for handling of civil litigation in case Nye County Management Employees Association v Nye County, Case 2018-012, State of Nevada, Local Government Employee-Management Relations Board; 2) authorize District Attorney to execute contract for counsel legal services; and 3) fund from Contingency. Chris Arabia advised that despite the fact the new firm coming in was one of the top firms in the State he and Bradley Richardson were able to negotiate a rate 40% less than previous counsel and he thought the Board should know that.

Commissioner Blundo

made a motion to 1) approve retaining counsel to be selected by the District Attorney as counsel for handling the civil litigation in the case of Nye County Management Employees Association vs. Nye County, Case 2018-012, State of Nevada, Local Government Employee-Management Relations Board, 2) to authorize the District Attorney to execute that contract for counsel legal services, and 3) to fund from Contingency; seconded by Commissioner Strickland; 4 yeas. COUNTY MANAGER 28. For Possible Action Discussion and deliberation on approval of the Public Defender Reporting Tool to be used by all contracted Public Defenders to carry out reporting provisions.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Strickland; 4 yeas. 29. For Possible Action Discussion and deliberation to approve providing grant match funding in an amount not to exceed $11,500.00 to the NyE Communities Coalition (NCC) for the United States Department of Agriculture (USDA) grant to support community facility technical assistance across Nye County and fund from Fund lO29lCounty Owned Buildings.

Commissioner Blundo

made a motion to approve providing grant match funding in the amount not to exceed $11,500.00 to NyE Communities Coalition for the USDA grant to support community facility technical assistance across Nye County and to fund from 10291, County Owned Buildings: seconded by Commissioner Strickland; 4 yeas. February 19, 2019 FINANCE 30. For Possible Action Discussion and deliberation regarding RFP #2018-13 Property Abatement 2650 S. River Plate Dr.: 1) Award Bid #2018-13 Property Abatement of Unhealthful Conditions to Morales Construction dba American Asbestos Remediation Specialists in the amount of $58,886.00; 2) Execute the contract; and 3) Fund from 10101 Miscellaneous Overhead OR; 1) Reject the bid received; and 2) Direct Staff how to proceed with the Abatement Process.

Commissioner Blundo

made a motion to reject the bid received; seconded by

Commissioner Blundo

advised Harold” passed away and he was hard pressed to put this cost burden on the backs of the taxpayers when Harold” was not the technical owner of the home. It would be foreclosed on and it was the lender’s responsibility to remedy and abate. That was how Commissioner Blundo would direct staff seal it. board it up, and let the lender handle it. Planning Director Brett Waggoner reminded the Board that the nuisance the neighbors brought forward still existed. He was in agreement with Commissioner Blundo as far as anything inside of the home, but he felt there was still an obligation on the Board, specifically regarding the garbage in the yard, pool and patios.

Commissioner Koenig

suggested a stipulation could be to clean the outside of the property where it was accessible to the public and leave the inside up to the bank.

Commissioner Cox

said everything outside belonged to the estate now. There was also a van, a trailer and jet skis. She asked if the County would take those away or if the daughter wouid have the opportunity to pick them up.

Mr. Waggoner

said he was only referring to the garbage, not the personal belongings. The property also needed to be secured by boarding the windows to keep people out of it. Bradley Richardson recommended bringing a modified resolution back to declare the nuisance and reduce the scope of the remediation.

Commissioner Koenig

suggested that direction to staff should he to contact the lender to see what they were willing to do to help. board the windows and doors up, and have the District Attorney bring back another agenda item to further define the scope of what remained.

Mr. Waggoner

said he had already tried to make contact and was unsuccessful. The only other point he wanted to make was that this matter had been discussed since October and there was nothing different today except it was worse. February 19, 2019 30. For Possible Action Discussion and deliberation regarding RFP #2018-13 Property Abatement 2650 S. River Plate Dr.-Cont’d

Commissioner Blundo

amended his motion to reject the bid received; direct staff to contact the lender, board the windows and doors up, and clean up the garbage accessible to the public on the outside including the pool; and have the District Attorney bring back another agenda item to further define the scope of what remained;

Commissioner Strickland

amended her second. Bob Young was concerned with what environmental impact the abatement process would have on the health and welfare of the surrounding property owners. Dwight Lilly said it Mr. Waggoner and the County determined this property was a danger to the community then there was potential liability for the County and time was of the essence.

Commissioner Blundo

made a motion to award Bid 2018-15 to U.S. Imaging, Inc., in the amount of $228,705.40, 2) execute the contract and 3) fund from 10320, Recorder Tech Fund; seconded by Commissioner Strickland.

Commissioner Koenig

asked who would do the scanning. Danielle Mckee, Purchasing and Contracts Administrator, said U.S. Imaging would go to the facility in Tonopah and do the scanning.

Commissioner Koenig

questioned why the County would not use its own employees as there was a lot of scanning that needed to be done in the County. He wondered if while U.S. Imaging was here if employees could be trained to do the scanning. Recorder Deborah Beatty advised U.S. Imaging did all of their imaging in the past. She also pointed out this was not just digitizing. It was also microfilm as required by law and would be a full-time job for an employee.

Commissioner Koenig

asked if there was any urgency to this.

Ms. Beatty

said no, but the books were falling apart so it was necessary. February 19, 2019 31. For Possible Action Discussion and deliberation to: 1) Award Bid #2018-15 Bound and Mechanical Book and Newspaper Scanning to US Imaging, Inc in the amount of $228,705.40; 2) Execute the contract; and 3) Fund from 10320 Recorder Tech Con t’ d.

Commissioner Koenig

said he would like to see what it would cost to buy the equipment to do this and maybe scale it back to so they would come up and do half while a County employee was with them learning how to do it and then have that employee do the rest of it. If that number was less than $22800000 he would be happy because everyone else’s could be done instead of just the Recorder’s. Chief Deputy Recorder Dawn Gudmunson emphasized these were historical records and in some cases the only copy. Due to that historical value they were asking for this to move forward as quickly as possible because if something happened to them the records would be lost. She said she had been with the County 15 years and believed staff would never get the quality of image that this company could get. Savannah Rucker confirmed the money was in the Recorder’s Tech Fund.

Mrs. Mckee

suggested tabling this item until the first meeting in March to allow research on the numbers.

Commissioner Blundo

withdrew his motion; Commissioner Strickland withdrew her second.

Commissioner Blundo

made a motion to continue this item to the March 11, 2019, meeting and directed staff to bring back alternatives based on comments made by the Commissioners; seconded by Commissioner Strickland; 4 yeas. HEALTH AND HUMAN SERVICES 32. For Possible Action Discussion and deliberation regarding a Contract for Services with Consolidated Agencies of Human Services to transport USDA commodities to remote areas of Nye County including the Yomba Indian Reservation, lone and Gabbs.

Commissioner Blundo

made a motion to approve entering into the contract for services with Consolidated Agencies of Human Services to transport USDA commodities to remote areas of Nye County, including the Yomba Indian Reservation, lone and Gabbs; seconded by Commissioner Strickland. Lorina Dellinger advised the County’s monthly payment was reduced to $274.45.

Commissioner Blundo

asked if the position was only to work on registrations or if it would be a general position working on a multitude of items. Rachel Aldana said her understanding was that the main part was for the voter registrations because current staff could not keep up with it, but they would probably do other stuff. Human Resources Manager Danelle Shamrell understood from Sam Merlino that mandates would go into effect July 1, 2019, that would cause an undue hardship. She said Mrs. Merlino provided significant back-up, and research with other counties was done to see what they were doing as well. Savannah Rucker advised she would bring back an item to augment if approved based on the filled date.

Commissioner Strickland

made a motion to authorize the advertising and filling of the position of Deputy Clerk I in the Tonopah Clerk’s Office; seconded by Commissioner Blundo with the addition of sending a letter to the State to let them know how the County felt about unfunded mandates; 4 yeas.

Commissioner Blundo

made a motion to accept the offer of dedication of the road right of-way off of parcel 045-091-09 and designate that as a general County road; seconded by Commissioner Strickland; 4 yeas. February 19, 2019

Commissioner Blundo

made a motion to set the date, time and location as March 19, 2019, at 10:00 am. in Pahrump; seconded by Commissioner Strickland; 4 yeas.

Commissioner Blundo

Leo the title of the bill into the record.

Commissioner Strickland

asked the Planning Department to spell out township and range and that the 121 twice could have been eliminated. PUBLIC WORKS

Commissioner Blundo

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

Commissioner Blundo

commented he was at the auction and recalled seeing several items in Amargosa Valley listed for sale.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of________________________ 2019. LA9 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 I support the B0CC to fine, imprision and revoke, pursuant to Nye County Code Chapter 5.32.100(B) and Chapter 5.32.110, Marijuana and Medical Marijuana Licensing Ord. 519, 2017 for: 1) Medical Marijuana License MM-000060 and 2) Recreational Marijuana License RM 2018-000022 located at 5101 5. Oakridge Ave. Pahrump, NV, APN 044-521-41. However, Chapter 5.32.100(A) should also be considered in this action. The Commissions needs to determine if a fine of not less than $500 or more than $1,000 or imprisonment in the county jail for not more than six(S) months or both such fine and imprisonment. 5.32.1 00: PENALTY FOR VIOLATION: A. Persons found guilty of violating any of the provisions of this chapter are guilty of a misdemeanor and subject to a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), or by imprisonment in the county jail for not more than six (6) months, or by both such fine and imprisonment. Nothing herein contained shall be construed as limiting any prosecution for acts related to a violation of the uniform controlled substances act as set forth in chapter 453 of the Nevada Revised Statutes. B. In addition to any criminal punishment as may be imposed, any violation ci this chapter may result in the revocation of any license issued pursuant to this chapter and result in the forfeiture of any and all property as described in Nevada Revised Statutes 453.301. The civil penalties provided for hereunder are intended to be cumulative and in addition to any criminal fines or punishments imposed. (Ord. 502, 2016) 5.32.110: TRANSFERABILITY: Medical marijuana licenses Licenses shall not be in any manner transferable or assignable, nor shall any person other than as named in the license be authorized to conduct the business, unless such transfer is approved by the State of Nevada and Nye County Board of Commissioners. (Ord. 502, 2016) I have included the following documents that were not in the backup: Item 13 May 6, 2016 Agenda and Minutes. Item 10 May 2, 2017 Agenda and Minutes. Item 9 Jan. 16, 2018 Agenda and Minutes. Item 39, July 17, 2018 Agenda and Minutes. Item 43 Feb. 20, 2018 Agenda and Minutes. And My Comments Item 43 Feb. 20, 2018. Respectfully Submitted, J .‘nF.Bosta ATtACHMENT 1. Feb. 19, 2019 Item 9 Comments of the Minutes by John F. Bosta Page 1 NYE COUNTY AGENDA INFORMATION FORM fSJ Action U Presentation U Presentation & Action Department: Planning Jienda Date: Category: Timed Agenda Item — 11:00a.m. JMaY 3, 20{6 Contact: Darrell Lacy Phone: 775-7514249 Continued from meeting of: Return to: Darrell Lacy Location: Tonopah Planning Action requested: (lcude what, with whom, when, where, why, how mucht$) and terms) I Phon 775-751-4249 For Possible Action Extension of Time Application ET-2016-00000S: Public Hearing, discus sion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (cultivation) at 5101 S. Oakridge Avenue, Pahrump. Grecn Cross of b\rnen ca, Inc.! Philip Restifo Applicant. Complete description of requested actiom linclude, if apptirabie.background. impact. Iong-termcor nrnitmenl, existing county policy, future goals. obtained b competitive bid, accountability measures) Any information provided after the agenda is published or during the meeting orthe Commissioners wiN require you to provide 20 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies. Expenditure Impact by FY(s): (Provide detail on Financial Form) No financial impact Board of County Commissioners Action U Approved U Disapproved U Amended as follows Clerk of the Board Date NYE COUNTY BOARD OF COUNTY COMMISSIONERS PLANNING DEPARTMENT STAFF REPORT [___________ Meeting Date: May 3, 2016 AGENDA ITEMS For Po5sible Action Extension of Time Application ET-2016-000008: Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (cultivation) at 5101 S. Dakridge Avenue, Pahrump. Green Cross of America, Inc. I Philip Restifo Applicant. GENERAL INFORMATION SUMMARY The Nye County BOCC approved a special use permit for cultivation for the subject property, at 5101 S. Oakridge Avenue, Pahrump. The applicant obtained provisional approval (provisional certificate) on Novem ber 3, 2014 for production from the State of Nevada Division of Public and Behavioral Health , The special use permit will expire on May 3, 2016 (18 months following the State issuance of a provisional certificate), unless the facility is operational by that date, or unless an extension is granted. Applicant is requesting approval from the BOCC of an extens ion of time. RECOMMENDATION Recommended 80CC Motion: “I motion to approve an extension of time to allow an additional (90 days, etc.) to become operational.” 4-. 4 :.t. .1 “3 S it \\cv ,j_ 19 , jq t. 7 - C a-if Ct Th \c -. >r r k’4 C c’i_c ;fl \&‘ ‘ -‘ C ?7 41 —‘ > A4s• ii 7 -%4(: c -, C F; Iv-’ H ) - Qi , O a r-N L ‘s ç3i=- 4-, 4;, .- _) ?— 2’ i’m G I May 3,2016 11. 11:00 For Possible Action - — Extension of Time Application ET-201 6-000005- Cont’d. Angela Bello did not think the bankruptcy played into this. She was trying to find out if there was any legal reason or justification for the request to put the agenda item off and she had not heard.

Commissioner Carbone

closed the public hearing.

Commissioner Schinhofen

made a motion to approve the extension of item for ET-2016- 000005 with the amendment that within 90 days all fees must be paid, all paperwork including building plans and the sheriffs security plan must be turned in within 90 days. and it must be built out within one year; seconded by Commissioner Wichman; 5 yeas. 12. 11:00 For Possible Action Extension of Time Application ET-2016-000006: - — Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (production) at 301 S. Oxbow Avenue, Unit #13, Pahrump. CW Nevada I Amanda Connor, Esg. Applicant.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve the extension of time including within 90 days all fees must be paid, all paperwork turned into Planning, including the security plan, and it must be fully operational in a year; seconded by Commissioner Wichman. Amanda Connor, representing the applicant, asked if the full tenant improvements had to be completed within 90 days.

Commissioner Schinhofen

said no. Full tenant improvements had to be done within one year of the approval of the extension.

Commissioner Carbone

opened and closed the public hearing. May 3, 2016 13. 11:00 - For Possible Action — Extension of Time Application ET-2016-000008- Cont’d.

Commissioner Schinhofen

made a motion to approve and within 90 days all documents, all fees paid, and in one year operational; seconded by Commissioner Wichman; 5 yeas. 14. 11:00 For Possible Action Extension of Time Application ET-2016-000009: - — Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical mariluana establishment (cultivation) at 6041 S. Hafen Ranch Road, Pabrump. Nevada Natural Medicines I Scoff Sibley Applicant. 15. 11:00 For Possible Action Extension of Time Application ET-2016-000010: - — Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (production) at 6041 S. Hafen Ranch Road, Pahrump. Nevada Natural Medicines I Scott Sibley Applicant.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve the extension of time and in 90 days all fees must be paid, all documents turned into Planning, and within one year be operational; seconded by Commissioner Wichman.

Commissioner Carbone

said he hoped that everybody was not sitting on their haunches on these items waiting for a positive vote in November on other issues.

Commissioner Borasky

voted no because the local residents were against it. 16. 11:00 For Possible Action Extension of Time Application ET-201 6-000011: - — Public Hearing, discussion and deliberation regarding a request for an Extension of Time of a Special Use Permit to allow a medical marijuana establishment (cultivation) at 801 5. Panorama Road, Pahrump. Wellness Orchards of Nevada, LLC I Anianda Connor, Esg. Applicant.

Commissioner Carbone

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve and within 90 days all fees must be paid, all plans, and one year to be operational; seconded by Commissioner Wichman; 5 yeas. NYE COUNTY AGENDA INFORMATION FORM [El Action U Presentation Li Presentation & Action Department: Planning Agenda Date: Category: Timed Agenda Rem — 11:00a.m. 2, 2017 Contact: Darrell Lacy Phone: 775-751-4249 Continued from meeting of: Return to: Darrell Lacy Location: Planning Phone: 775-751-4249 Action requested: (Include what, with whom, when, where, why, how much ($) and terms) Discussion and deliberation to accept a Business Impact Statement prepared pursuant to NRS 237.090 to address the business impact of Nyc County Bill No. 20 17-12 pertaining to the Licensing of Marijuana and Medical Marijuana Establishments. Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing county policy, future goals, obtained by competitive bid, accountability measures) Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 20 copies: one fur each Commissioner, one for the Clerk. one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original enpies. Expenditure Impact by FY(s): (Provide derail on Financial Form) No financial impact Routing & Approval (Sign & Date) -- I. Dept DLr 6. 2. ““ 7F{R 3, 8. Legal 4. “- 9. Finance 5 10. County Manager J.rfknda Dae Board of County Commissioners Action (J U Approved U Disapproved J Amended as [o11o’.s: Clerk of the Board Date iTEM #J 0 NYE COUNTY BOARD OF COUNTY COMMISSIONERS PLANNING DEPARTMENT STAFF REPORT Meeting Date: May 2, 2017 AGENDA ITEMS For Possible Action —Discussion and deliberation to accept a Business Impact Statement prepared pursuant to NRS 237.090 to address the business impact of Nye County Bill No. 2017-12 pertaining to the Licensing of Marijuana and Medical Marijuana Establishments. GENERAL INFORMATION SUMMARY NRS 237.090 requires the Board to consider a Business Impact Statement addressing the economic impacts of a proposed rule (regulation) on businesses, Nye County Bill No. 2017-12 pertaining to the Licensing of Marijuana and Medical Marijuana Establishments is scheduled to be heard by the Board on May 16, 2017 at 11:00 AM. Staff recommends the Board find that the proposed rule is not likely to (a) impose a direct and significant economic burden upon a business or (b) directly restrict the formation, operation or expansion of a business. Attached is the Business Impact Statement for consideration by the Board. Also attached is the proposed Bill. RECOMMENDATION Recommended 80CC Motion: “I move accept the Business Impact Statement; and make a finding that the proposed rule is not likely to (a) impose a direct and significant economic burden upon a business or (b) directly restrict the formation, operation or expansion of a business.” County of Nyc BUSINESS IMPACT STATEMENT The following business impact statement was prepared pursuant to MRS 237.08 0 to address the impact of Nyc County Bill No. 2017-12, pertaining to Licensing of Mariju ana and Medical Marijuana Establishments in Nyc County. 1. The following constitutes a description of the number and manner in which comment was solicited from affected businesses, a summary of their respon se and an explanation of the manner in which other interested persons may obtain a copy of the summary. (List all trade association or owners and officers of busine sses likely to be affected by the proposed rule that have been consulted). A. Notice: Nye County e-mailed a draft of the proposed Rule, Bill No. 2017-12. and requested continents from all known ownerstmanagers of cunently operational and proposed medical marijuana establishments in Nye County. and also e-mailed the draft and requested comments from the Nyc County Consultants Association (NCCA1, a trade association representing numerous local medical marijuana establishments. B. Summary of Comments: We received one (I) written response from Sandra Tiffany. owner of GWGA , which is a medical marijuana cultivation establishment under construction in Pabrum p. Ms. Tiffany stated that the proposed rule will directly restrict the formation, operation or expans ion of business, and was concerned that the Department of Taxation has not yet fmaliz ed theft regulations regarding marijuana establishments; and that several issues remain unreso lved at this time; and in particular is concerned with Chapter 5.32 where it states “any who submits an application and applicable fees to the Nyc County applica nt Planning Department for an initial Nye County marijuana (recreation) license between May 25. 2017 and May 31, 2017...” Ms. Tiffany suggested the county may want to amend the language to say “within 5 days of the Department of Taxation’s application date.” C. How to Obtain Copies: A copy of the proposed Rule (Bill 2017-12) and this Business Impact Statem ent may be obtained by contacting the Nye County Planning Department, Pabnimp Office , 250 N. Hwy 160, #1. Pahnimp, NV 89060, or phone (775) 751-42 49, or email Planning(äco.nye.nv.us 2. The estimated economic effect of the proposed rule on the businesses, including, without limitation, both adverse and beneficial effects, and both direct and indirect effects: Adverse effects; The adverse effect of the proposed rules would be additional fees and taxes on marijuana businesses. Beneficial effects: The proposed licensing regulations will provide a framework for the operation of marijuana establishment in Nye County. as authorized under NRS 453D. The proposed rules will set forth the procedures for business owners to obtain licensing to legally opergç.juana establishments in Iyç County Direct effects: The passage of this Bill as written will directly increase the fees pai.y.husiness owners to operate marijuana businesses. This Bill would potentially make ii more difficult to create new businesses or to expand existing businesses however, the propos ed rules do not directly prohibit the creation or expansion of marijuana businesses, they simply add reasonable fees and requirements for these businesses, which would typically be expect to ed be enacted by a governing body for these types of businesses, as is similarly done for other busine sses requiring special privilege-type licensing such as liquor, gaming and brothel licenses. Theillwin fees and taxes are proposed: 1. Fifteen thousand dollars ($15,000.00) for initial issuance and a seven thousand five hundre d dollar ($7,500.00) annual renewal fee for a retail marijuana store, with five thousa nd dollars ($5,000.00) nonrefundable for the initial application and two thousand five hundre d dollars ($2,500.00) nonrefundable each year thereafter. 2. Five thousand dollars ($5,000.00) for initial issuance and a two thousand five hundre d dollar ($2,500.00) annual renewal fee for a marijuana cultivation facility, with two thousand dollars ($2,000.00) nonrefundable for the initial application and one thousa nd dollars ($1,000.00) nonreflindable each year thereafter. 3. Five thousand dollars ($5,000.00) for initial issuance and a two thousand five hundre d dollar ($2,500.00) annual renewal fee for a marijuana product manufacturing facility , with two thousand dollars ($2,000.00) nonrefundable for the initial application and one thousand dollars ($1,000.00) nonreftandable each year thereafter. 4. Two thousand five hundred dollars ($2,500.00) for initial issuance and a one thousand two hundred fifty dollar ($1250.00) annual renewal fee for a marijuana testing laborat ory, with one thousand two hundred fifty dollars ($1,250.00) nonrefundable for the initial applica tion and seven hundred fifty dollars ($750.00) nonrefu.ndable each year thereafter, 5. Two thousand five hundred dollars ($2,500.00) for initial issuance and a one thousa nd two hundred fifty dollar ($1,250.00) annual renewal fee for a marijuana distributor, with one thousand two hundred fifty dollars ($1,250.00) nonrefimdahle for the initial application and seven hundred fifty dollars ($750.00) non.refundable each year thereafter. This fee is waived if the applicant for the marijuana distributor license possesses a valid Nye County license for a Marijuana or Medical Marijuana Establishment or a Nye County wholes ale delivery liquor license. In addition, every marijuana establishment, as a condition of the granting of a marijuana establishment license or renewal, shall pay no later than ten (10) working days following the first day of each month, a monthly business license fee to Nye County, equivalent to two percent (2%) of the total value of all marijuana or marijuana products that were produced, manufactured, sold or distributed by the marijuana establishment for the previo us month. Indirect effects: The passing of this measure may have indirect effects, howev er at this time, those effects are difficult to pjtifv. 3. The following constitutes a description of the methods that the governing body of the local government considered to reduce the impact of the proposed rule on businesses and a statement regarding whether any, and if so which, of these methods were used: (Include whether the following was considered: simpflfying the proposed nile; establishing different standards of compliance for a business; and (f applicable, mod (fying afee or fine set forth in the rule so that a business could pay a lowerfee orfinef The Board of County Commissioners could choose to simplify the Bill, by reducing or eliminating the proposed licensing fees and/or taxes. 4. The governing body estimates the annual cost to the local government for enforcement of the proposed rule is: The proposed changes would increase the cost to the local government, but it is difficult to predict the cost; however, the intent is that the additional proposed fees would cover the increased local government costs of inspections and compliance enforcement. 5. (If applicable, provide the following:) The proposed rule provides for a new fee or increase in an existing fee and the total amount the local government expects to collect is: It is not possible at this time to provide an accurate estimate of the total amount of revenue expected to be generated by the increased fees. The legal marijuana industry is in its infancy in Nevada and it is not clearly understood what the econom ic impact will be. The amount of revenue generated will depend on the number and type of marijuana licenses requested and the volume of sales generated by each establishmen t. 6. The money generated by the new fee or increase in existing fee will he used by the local government for: The fees and taxes collected would be used for processing license applications, preparing reports, conducting reviews and inspec tions of facilities to determine compliance with County codes and regulations applica ble to each facility, and related matters. 7. (If applicable, provide the following:) The proposed rule includes provis ions, which duplicate or are more stringent than federal, state or local standa rds regulating the same activity. The following explains why such duplicative or more stringent provisions are necessary. The proposed changes do not duplic ate and are not more stringent than federal, state or local standards regulating the same activit y. The proposed rules pertain only to local County licensing of marijuana establishments. COUNTY MANAGER CERTIFICATION REQUIRED PER NRS 237.09 0(2): I, Pamela Webster, as County Manager for the County of Nyc, Nevada, hereby best of my knowledge and belief, the information contained in this busine certify that, to the ss impact statement was prepared properly and accurately. Dated this ø’day of (à.4N ,2017. ES Pamela Webster Nye County Manager May 2, 2017

Commissioner Schinhofen

stated he announced at the beginning of the meeting that they could speak on every item and he would move general public comment to 11:45 a.m. if there was going to be a break for lunch. 9. 10:45 For Possible Action Discussion and deliberation to accept a Business — — Impact Statement prepared pursuant to NRS 237.090 to address the business impact of Nye County Bill No. 2017-13 pertaining to Prostitution. This item was removed from the agenda. 10. 11:00 For Possible Action Discussion and deliberation to accept a — — Business Impact Statement prepared pursuant to NRS 237.090 to address the business impact of Nye County Bill No. 2017-12 pertaining to the Licensing of Mariiuana and Medical Mariiuana Establishments.

Commissioner Wichman

made a motion to accept the business impact statements; seconded by Commissioner Koenig.

Commissioner Wichman

asked staff to move the sections referencing fees to resolutions.

Commissioner Wichman

advised Congress passed a funding bill that included $465 million for PILT, a $14 million increase from last year, but they still had not included the SRS funding. She asked anyone with the desire to write a letter telling them how important that money was to keep the potholes fixed to please do so. NYE COUNTY AGENDA INFORMATION FORM Action U Presentation U Presentation & Action Department: Planning Agenda Date: Category: Timed Agenda Item — 11:00 a.m. January 16, 2018 Contact: Darrell Lacy Phone: 775-751 -4249 j continued from meeting of: Return to: Darrell Lacy j Location: Planning Phone: 775-751-4249 Action requested (Include what, with whom, when, where, why. how much ($) and terms) Public Hearing, discussion and deliberation on Special Use Permit SU-20l7-000043: a Special Use Permit to allow a recreational marijuana establishment (cultivation) in a Light Industrial (LI) zoning district, on 3.78 acres located at 5101 S. Oakridge Avenue, Pahrurnp, Assessor Parcel Number 44-521-41. Oakridge Enterprises LLC Property Owner. Green Cross of America Applicant. Peter Gnecco Agent for Green — — — Cross of America. Complete description of requested action. (Include. if applicable, background. impact. long-term commitment, existing count’, po!icy. future goals, obtained by competitive bid. acoer.:ahility ncasurcs) Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 20 copies: one foreach Commissioner,one for the Clerk, macfor the District Attorney.one for the Public and two forthe County Manager. Contracts or documents requiring signature must he submitted with three original copies. Expenditure Impact by FY(s): (Provide detail on Financial Form) No financial impact Routing & Appqy (Sign & Date) I Dept 6. IIJL- 1 7. HR 3 8teu& tL: 4. 9Finance 1 5. 10 County Manager Agnia ITEM# 4. I NYE COUNTY BOARD OF COUNTY COMMISSIONERS L PLANNING DEPARTMENT STAFF REPORT Meeting Date: January 16, 2018 AGENDA ITEMS 1 11:00 -For possible action — Public Hearing, discussion and deliberation on Special Use Permit SU-2017-000043: a Special Use Permit to allow a recreational marijuana establishment (cultivation) in a Light Industrial (LI) zoning district, on 3.78 acres located at 5101 S. Oakridge Avenue, Pahrump, Assessor Parcel #44-521-41. Oakridge Enterprises Lit — Property Owner. Green Cross of America Applicant. Peter Gnecco Agent for Green Cross of America. — - GENERAL INFORMATION SUMMARY Applicant is requesting approval of a special use permit to allow recreational marijuana cultivation, on a property where previously a medical marijuana cultivation special use permit was approved (and is currently approved for medical marijuana cultivation). Nye County code a’lows for an SUP approval process to add a recreational marijuana SUP to an exist’ng medical marijuana SUP. The applicant is requesting the BoCC approve their application to add a recreational marijuana SUP. RECOMMENDATION Recommended BOCC Motiont “1 motion to include: approve, deny, continue, or take no action on) Special Use Permit Application SU-2017-000043.” FINAL ACTION MEMORANDUM CERTIFIED MAlL: 7007 0710 0002 0384 5844 July 28, 2014 Philip Restifo 8101 W. Rosada Way Las Vegas, NV 89149 Dear Mr.Restifo: I, Sandra L. Merlino, County Clerk and Clerk of the Board of County Commissioners, Nye County, Nevada, do hereby certify that, as filed with the County Clerk on this date, the Board of County Commissioners, at its July 16, 2014 meeting in Pabrump, took action on your Special Use Permit applications SU-14-0008 and Waiver WV-14-0007. The Nye County Board of County Commissioners conducted a public hearing concerning a for request for a Special Use Permit SU-14-0008 to allow a medical marijuana establishment (cultivation) in a Light Industrial (LI) zoning district, on 3.78 acres located at 510! S. Oakridge Avenue, Pabrump; and a Waiver Application WV-14-0007 a Waiver from the residential separation distance requirement, for a medical marijuana establishment (cultivation) in a Light Industrial (LI) zoning district, on 3.78 acres located at 5101 S. Oakridge Avenue, Pahrump. After closing the hearing, the Board elected to approve your Special Use application 4-0 and subject to the Conditions of Approval listed below and voted 4-0 to remove your Waiver WV-14-0007. MANDATORY CONDITIONS OF APPROVAL The approval of any special use permit authorizing the operation of a medical marijuana establishment must contain at a minimum the following conditions: I. The special use permit grantee must provide to the Nyc County Planning Director a copy of the registration certificate issued by the State of Nevada prior to commencing operations. 2. The establishment must continue to meet all requirenleHts for a medical marijuana establishment to quali for and maintain its certificate of registration as set forth by State law. 3. The establishment must comply with all operating procedures required by State law. 4. The establishment must prohibit anyone from consuming marijuana on the premises. 5. If the establishment has signage, the signage shall be limited to one wall sign not to exceed two square feet in size. 6. The establishment must prohibit anyone under the age of eighteen years on the premises. Nye County is an Equal Opportunity Employer 2014.0716 Green Cross ofAmericaSU-14-000SWV-14-0003 7. The establishment must prohibit medical marijuana activities including, without limitation, cultivating, growing, processing, displaying, selling or storage from being conducted outdoors. 8. All cuilivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed facility. 9. The establishment must prevent medical marijuana or paraphernalia from being displayed or kept in a manner that is visible from outside the facility. 10. The establishment must install security surveillance cameras that monitor all entrances, along with the interior and exterior of the premises. Recordings from these cameras must be maintained in a retrievable mariner for at least 90 days from the date recorded. 11. The establishment must install and maintain in good working condition robbery and burglary alarm systems. 12. The establishment must post a legible sign inside the facility stating that: a. The use or distribution of marijuana is a violation of federal law. b. The possession, use, or distribution of marijuana for non-medical purposes is a violation of state law, c. Consumption of marijuana on the premises is prohibited. d. No one under the age of eighteen years is permitted on the premises. 13. The special use permit grantee shall record a notarized affidavit in which the grantee acknowledges that the operation of a medical marijuana establishment is a violation of federal law. 14. The special use permit grantee shall record a notarized statement in which the grantee agrees to hold Nyc County harmless against any federal law enforcement actions that may result from the activities of the medical marijuana establishment that is the subject of the special use permit. SPECIAL CONDITIONS OF APPROVAL 15. If the State of Nevada, Division of Public and Behavioral Health, issues a Medical Marijuana Establishment (MME) Provisional Registration Certificate for the establishment for which the special use permit was granted by December 31, 2015, then the establishment must commence operations within 18 months of the date of issuance of the Provisional Registration Certificate otherwise the special use permit will expire. If the State of Nevada does not issue a MME Provisional Registration Certificate for the establishment for which the special use permit was granted by December 31,2015 the special use permit vill expire. 16. Property owner/applicantlgrantee shall obtain all required local and state approvals, building permits, plan reviews, inspections, etc., for the establishment. 17, The special use permit grantee shall provide to the Planning Department prior to commencement of the establishment a copy of the recorded notarized affidavit in which the grantee acknowledges that the operation of the medical marijuana establishment is a violation of federal law. IS. The special use permit grantee shall provide to the Planning Department prior to commencement of the establishment a copy of the recorded notarized statement in which the grantee agrees to hold Nye County harmless against any federal law enforcement actions that may result from the activities of the medical marijuana establishment. Ny County is on Equal Opportunity Employer 2014.07.16 Green Cross of AmeHcaSU- 14-000BWV-14-0003 19. The special use permit grantee shall provide to the Planning Department prior to commencement of the establishment a copy of the recorded notarized statement in which the grantee agrees to hold Nye County harmless against any federal law enforcement actions that may result from the activities of the medical marijuana establishment. 20. Grantee shall submit a Security & Transportation Plan and obtain approval of the Nye County Planning Department and Nye County Sheriffs Office prior to the Board of County Commissioners issuing a Medical Marijuana Establishment License. 21. Grantee shall comply with all site development standards and requirements of the Pahnimp Regional Planning District for commercial/industrial development projects. 22. Grantee shall submit a Water Impact Plan and obtain the approval of the Nyc County Water District Governing Board prior to the Board of County Commissioners issuing a MME License. Should you have any questions or need any additional information please contact the Planning Department in at (775) 751-4249. á San ra L. Merlino, Nyc County Clerk and Clerk of the Board of Nye County Commissioners Nyc County is an Equal Opportunity Employer January 16, 2018 9. 11:00 For Possible Action Public Hearing, discussion and deliberation on — — Special Use Permit SU-2017-000043: a Special Use Permit to allow a recreational marijuana establishment (cultivation) In a Light Industrial (LI) zoning district, on 3.78 acres located at 5101 S. Oakridge Avenue, Pahrump, Assessor Parcel Number 44-521-41. Oakridge Enterprises LLC Property Owner. Green Cross of America ADplicant. Peter Gnecco Agent for Green Cross of America. — —

Commissioner Schinhofen

said this was an operating medical marijuana establishment that wanted to do recreational. The State was waiting to issue them a recreational license until the County gave them an SUP.

Commissioner Schinhofen

made a motion to approve the SUP and within 90 days they had to be open and operating; seconded by Commissioner Cox.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Schinhofen

made a motion to approve items 42-51 and 54-56; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted nay.

Commissioner Schinhofen

made a motion to approve items 42-51 and 54-56; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted nay.

Commissioner Schinhofen

made a motion to approve items 42-51 and 54-56; seconded by Commissioner Wichman: 4 yeas. Commissioner Sorasky voted nay.

Commissioner Schinhofen

made a motion to approve items 42-51 and 54-56; seconded by Commissioner Wichman; 4 yeas. Commissioner Borasky voted nay 39. For Possible Action Discussion and deliberation regarding Medical Marijuana Establishment Annual License Renewal Application MM-201 8-000060: A request for renewal of a Medical Marijuana Establishment License for a medical mariiuana cultivation facility, located at 5101 S. Oakridge Avenue, Pahrump. Assessor Parcel Number 044-521-41. Green Cross of America! Inc. I Peter Gnecco Applicant.

Commissioner Schinhofen

advised this license was delinquent in the 2% tax. July 17, 2018 39. For Possible Action Discussion and deliberation regarding Medical Marijuana Establishment Annual License Renewal Application MM-2018-000060- C ont’ d.

Commissioner Schinhofen

made a motion to approve for 30 days with the stipulation they were not late again, even if they did not make a sale they had to turn the form in, and there were no inter-company transfers so whatever was grown and went out of the building the 2% fee was paid on; seconded by Commissioner Wichman; 5 yeas. 40. For Possible Action Discussion and deliberation regarding Recreational Marijuana Establishment Annual License Renewal Application RM-2018-000024: A request for a renewal of a Recreational Marijuana Establishment License for a marijuana establishment (cultivation) located at 5400 N. HIghway 160, Pahrump. Assessor Parcel Number 029-311-13. Nye Farm Tech, Ltd. Applicant— 41. For Possible Action Discussion and deliberation regarding Medical Marijuana Establishment Annual License Renewal Application MM-2018-000061: A request for renewal of a Medical Marijuana Establishment License for a medical marijuana establishment (cultivation) located at 5400 N. Highway 160, Pahrump. Assessor Parcel Number 029-311-13. Nye Farm Tech, Ltd. Applicant.

Commissioner Schinhofen

said he and Commissioner Koenig visited the property. They had not turned in their sales tax either, but more troubling was there were no products being grown and he witnessed no irrigation lines to grow even though they said they were moving forward on an expansion.

Commissioner Schinhofen

made a motion to give them 90 days to get up, produce and again turn in their 2% tax form and not fail to do so in the next 90 days; seconded by

Commissioner Borasky

stated when medical and recreational items were grouped together he would have to vote no on everything, but if the items were separated he would support medical.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Gorasky; 4 yeas. FINANCE 42. For Possible Action Discussion and deliberation to adopt, amend and adopt. or reject Nye County Resolution No. 2018-11: A Resolution to Augment and Amend the 2017-2018 Budget of Nye County, State of Nevada. Fund 10207 Regional Streets & Hwy Fund in the amount of $439,772. Fund 10208 Public Transit Fund in the amount of $286,022. Fund 10209 Airport Fund in the amount of $25322. Fund 10234 Public Safety Sales Tax Sheriff Fund in the amount of $42,877. Fund 10255 Renewable Energy Fund in the amount of $10,890. Fund 10281 Senior Nutrition Fund In the amount of $24,778. Fund 10282 Ambulance and Health Fund in the amount of $31,449. Fund 68101 Smoky Valley Television District in the amount of $9,814.

Commissioner Wichman

made a motion to adopt Resolution No. 2018-11; seconded by

Commissioner Cox

; 4 yeas. PLANNINGIBUILDINGICODE COMPLIANCE 43. For Possible Action Discussion and deliberation on Recreational Mariluana Establishment Initial License Application RM-2018-000022: A request to issue a Recreational Marijuana Establishment License for a mariiuana cultivation facility, located at 5101 S. Oakridge Avenue, Pahrump, NV. Assessor Parcel Number 044- 521-41. Oakridge Enterprises, LLC Property Owner. Peter Gnecco, Green Cross of America. Inc. Applicant.

Commissioner Wichman

asked if everything was in order. Brett Waggoner said they had been doing quarterly inspections and there were some issues mainly with the security system which they indicated they were in the process of rectifying. If the Board were to approve this Mr Waggoner said he would like it to be a conditional approval that they go back out and re-inspect in 30 days or so and make sure the security system was back up and running. February 20, 2018 43. For Possible Action Discussion and deliberation on Recreational Mariluana Establishment Initial License Application RM-2018-000022-Cont’d.

Commissioner Wichman

made a motion to approve contingent upon them passing their inspection within 30 days; seconded by Commissioner Cox. John Bosta reviewed the history of this permit. He stated the Board did not have the authority to give a marijuana tax permit inside the boundaries of the town. Mr. Bosta was notifying the Board that this was underneath the color of the law.

Commissioner Wichman

made a motion to approve the annual renewal; seconded by

Commissioner Cox

. John Bosta reviewed the history of this permit. The back-up indicated there were no violations, but Mr. Bosta advised that three or four months ago people were complaining about the smell at the post office and the RV park because the filters were not operating properly. He said the Board was re-issuing a license which it did not have the authority to do as it was inside the town, a direct violation of Assembly Bill 487. He said the Board continued to act underneath the color of the law. Brett Waggoner confirmed everything was in order.

Commissioner Wichrnan

said her motion stood. Mike Floyd from Greenway Productions said they were the second medical marijuana business in Nevada to be approved by the State. They received their SUP in July, 2014, and their first County license in December, 2014.

Commissioner Cox

said she remembered him coming to the Board and also thought the issues with the odors were rectified.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Wichman; 4 yeas. 46. GENERAL PUBLIC COMMENT (second) Don Cox said as far as he could gather there was only one Commissioner that took a tour of the Love Ranch. He felt if the Commissioners were going to make decision on a business they should go check it out. Dave Stevens spoke about Tina Trenner coming to his house. Dwight Lilly talked about the commerce tax and how there had been no improvements seen in K-12 education even though the amount of money spent on it had tripled since 1960. He did not think it was a money problem but rather a problem with the way it was being approached. 40. ADJOURN

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of , 2018.

Chair Nye

County Clerk / Deputy RM-2018-000022 is a Recreational Marijuana Establishment Initial License for a marijuana cultivation facility, located at 5101 5. Oakridge Ave., Pahrump, NV., APN 044-521-41, by Green Cross of America, Inc. Green Cross of America was issued SUP-140D08 to allow a medical marijuana establishment (cultivation) in a Light Industrial (LI) zoning district, on 3.78 acres located at 5101 5. Oakridge Ave., Pahrump, APN 44- 52 1-4 1. May 3, 2016 the applicant Green Cross of America received an Extension of Time of a Special Use Permit, ET-2016-000008, to allow a medical marijuana establishment (cultivation) at 5101 S. Oakridge Ave., Pahrump, APN 44-521-41 Aug. 16, 2016 the applicant Green Cross of America received a Medical Marijuana Establishment License (Initial) MM-2016-000006 for a proposed medical marijuana establishment (cultivation) located at 5101 S. Oakridge Ave., Pahrump, APN 029-311-13 Pursuant to the Special Conditions of Approval, Section 15; If the State of Nevada, Division of Public and Behavioral Health, issues a Medical Marijuana Establishment (MME) Provisional Certificate for the establishment for which the special use permit was granted by December 31, 2015, then the establishment must commence operation within 18 months of the date of issuance of the Provisional Registration Certificate otherwise the special use permit will expire. If the State of Nevada does not issue a MME Provisional Registration Certificated for the establishment for which the special use permit was granted by December 31, 2015 the special use permit will expire. Amendment No. 901 to Senate Bill No. SB 487: Sec. 15. Chapter 244 of NRS is hereby amended by adding 1. Except as otherwise provided in this section, a board of county commissioners shall not fix, impose or collect a license tax for revenue or for regulation, or for both revenue and regulation, on a marijuana establishment or medical marijuana establishment located in the county. 2. Except as otherwise provided in subsection 3, a board of county commissioners may fix, impose and collect a license tax for revenue or for regulation, or for both revenue and regulation, on a marijuana establishment or medical marijuana establishment located in the county outside of the limits of incorporated cities and towns It is my opinion that RM-2018-000022 is an application under the Color of the Law. i’) 7 8c’-iL Respectfully submitted; )i/1 i/John F. Bosta Feb.20, 2018 Item 43 Comments for the Minutes by lohu F. Sosta[Type texti Page 1 NYE COUNTY AGENDA INFORMATION FORM 121 Action LI Presentation LI Presentation & Action Department: Planning Agenda Date; Category: Timed Agenda Item — 10:45 a.m. [cbruarY 19, 2019 Contact: Brett 4Vaggoner Phone: 775-751-4249 Continued from meeting of: Return to; Amanda VanHouten I Location: Pabrump Phone: Action requested: (Include vhat, with “horn, when. where. ho” mitch (S) and terms) Discussion and deliberation to revoke, pursuant to Nye County Code Chapter 5.32, Marijuana and Medical Marijuana Licensing: I) Medical Marijuana License MM-201 8-000060; and 2) Recreational Marijuana License RM-2018-000022 located at 5101 S. Oakridge Aye, Pahrump, NV, Assessor Parcel Number 044- 521-41, pursuant to Nyc County Code 5.32.100(8) for failure to comply with Nye County Code 5.32.110, Transferability. Oakridge Enterprises, LLC Properly Owner. Peter Gneceo, Green Cross of America, Inc. Licensee. Complete description of requested action: (Include. if applicable, background. impact. long-term commitment, existing counts potic’ future goals. obtained by competitive hid. accountabilit measures) Staff has submitted for backup documentation regarding the sale of the business. Nye County Code 5.32.100(8) Penalty for Violation, provides: In addition to any criminal punishment as may be imposed, any violation of this chapter may result in the revocation of any license issued pursuant to this chapter and result in the forfeiture of any and all property as described in Nevada Revised Statutes 453.301. The civil penalties provided for hereunder are intended to be cumulative and in addition to any criminal fines or punishments imposed. (Ord. 5 19, 2017) Nyc County Code 5.32.110, Transferability, providcs: Licenses shall not be in any manner transferable or assignable, nor shall any person other than as named in the license be authorized to conduct the business, unless such transfer is approved by the State of Nevada and Nye County Board of Commissioners. (Ord. 519, 2017) Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 20 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies. Expenditure Impact by FY(s): (Provide detail on Financial Form) IXI No financial impact Routing & Approval (Sign & Date) I. Dept Die [ 6. Date 2. 7. HR Date 3. Date 8. Legal (‘w 4. 5. Dale thte .. Finance 10. County Manager / Dat k:;_— NYE COUNTY BOARD OF COUNTY COMMISSIONERS CODE COMPLIANCE STAFF REPORT Meeting Date and Time: February 19, 2019 10:45am Agenda Item: Discussion, deliberation and possible decision to revoke Nye County Code Chapter 5.32, Marijuana and Medical Marijuana Licenses 1) Medical Marijuana License MM-2018-000060; and 2) Recreational Marijuana License RM-2018-000022. Located at 510! S. Oakridge Ave. Pahrump, NV. Peer Gnecco Applicant, Green Cross of America, Inc., Oakridge Enterprises LLC Property Owner. pursuant to Nyc County Code 5.32.100(B) for failure to comply with Nye County Code 5.32.110, Transferability, GENERAL INFORMATION SUMMARY Green Cross of America was awarded a renewal of their Medical Marijuana Business License on July 17, 2018, and of their Recreational Marijuana Business License on February 20, 2018. During a routine quarterly inspection of Green Cross of America located at 5101 S. Oakridge Ave. Pahrump, NV Peter Gnecco disclosed to Code Compliance Officer Amanda Van [louten, Code Compliance officer Mark Gancarz, and Detective Christopher Sehnert that Green Cross of America sold their establishment to Exhale Brands Nevada LLC. Mr. Gnecco provided the officers with a copy of the asset purchase agreement and a letter of transfcrship from the State of Nevada Department of Taxation. To this date Nye County Planning has no record of any applications being submitted to transfer Medical or recreational marijuana business licenses. Green Cross of America, Inc. has habitually paid the 2% medical and recreation sales fees that are required per NCC to the Nyc County Treasure late. See auached email froni C.Sandoval Administrative Secretary. RECOMMENDATION STAFF RECOMMENDATION Staff recommends confirming that violations of Nye County Code exists; and revoke Medical Marijuana License MM-2018-000060 and Recreational Marijuana License RM-2018-000022 for failure to comply with Nyc County Code 5.32.110 Transferability, 5.32.050. C Medical Marijuana License Fees, and 5.32.055,C; Marijuana License Fees (Recreational Marijuana Establishments). RECOMMENDED 130CC MOTION “I motion to con[inn violations exist, pursuant to Nyc County Code 5.32.100(8) for failure to comply with Nye County Code 5.32.110; Transferability, and to revoke Medical Marijuana License MM-20 18- 000060; and Recreational Marijuana License RM-20 18-000022 APPLICABLE REGULATIONS 5,32.100: PENAI.TV FOR VIOLATION I A. Persons found guilty of violating any of the provisions of this chapter are guilty of a misdemeanor and subject to a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00), or by imprisonment in [he County Jail for not more than six (6) months, or by both such floe and imprisonment. Nothing herein contained shall be consuued as limiting any prosecution for acts related to a violation of the Unifortn Controlled Substances Act as set forth in chapter 453 of the Nevada Revised Statutes. B. In addition to any criminal punishment as may be imposed, any violation of this chapter nay result in the revocation of any license issued pursuant to this chapter and result in the forfeiture of any and all properly as described in Nevada Revised Statutes 453.301.The civil penalties provided for hereunder are intended lobe cumulative and in addition to any criminal fines or punishments imposed. (Ord. 519, 2017) 5.32.110: TRANSFERABILITY Licenses shall not be in any manner transferable or assignable, nor shall any person other than as named in the license be authorized to conduct the business, unless such transfer is approved by the State of Nevada and Nye County Board of Commissioners. (Ord. 51, 2017) APPEAL Any person who is aggrieved by a final decision of the board may appeal that decision to the District Court by filing a petition forjudicial review within twenty.fivc (25) calendar days after the date of filing of notice of the decision with the clerk of the board. - LIST OF ATI’ACHMENTS j Recreational Special Use Permit- Final Action Memorandum Recreational Marijuana Business License- Final Action Memorandum Medical Special Use Pennit- Final Action Memorandum Medical Marijuana Business License Renewal- Final Action Memorandum State of Nevada Department of Taxation-MME Ownership Change Asset Purchase Actreetnent Nevada Secretary of State- Green Mining Concepts INC Nevada Secretary of State- Exhale Brands Nevada LLC Accounting summery-C. Sandoval Nye County Planning Department 250 N. Hwy 160, Ste. I Pahrump, NV 89060 Phone 775-751-4249 Fax 775-751-4324 Certified Mail: 7013 2630000192803917 19-015-AV (L) NOTICE OF LICENSE REVOCATION HEARING February 8, 2019 Green Cross of America, Inc Atm: Peter Onecco 5101 S Oakridge Avenue Pabrump, NV 89048 This correspondence is to notify you that the Nye County Board of County Commissioners is scheduled to hear and may take action to revoke your Medical Marijuana License (MM-2018-000060) and Recreational Marijuana License (RM-2018-000022) on February 19, 2018 at 10:45 AM., in the commissioner chambers. 2100 F. Walt Williams Drive, Pahrump, Nevada 89048. During an investigation on January 30, 2019 the following violations were discovered: It was disclosed to Nyc County Code Compliance, and Nyc County Sheriff’s office by Peter Gneceo that Green Cross of America was sold to a new Corporalion; Exhale Brands Nevada LLC on November 21, 2018. 5.32.110 1Jarijuana and Medical Marijuana Establishments; Transferability. Licenses shall tiot be in any manner tea taft rahl iw assignable. nor shall any person other than as named in the license he authorized to conduct the bits/ness, unless such transfer is approved by the State of Nevada and P.5e County Board of Comnmissioneec. (Ott. 519. 2017) Per the above reference codes transfer ship of the license(s) is possible however: to this date Nye County shows no record of approving, nor received applications for the transfer of the above rcferenced licenses. An Audit of fees paid to the Nyc County Treasurer shows that you are delinquent in submitting your monthly Business License Sales Fees. Medical and Recreational Sales fees have not been received since July 2018. 5,32,O6O.C Marijuana License Fees (Medical) In addition to the fres specified in subsection A of this section, even’ medical marijuana establishment, as a condition of the granting of a medical marijuana establishment license or m enni al, shall pay no later than ten (10,) working days following the first day of each month, a monthly business license fee to ?‘4’e Cozany, equivalent to ni’o percent ‘2%,) of the total value ofall medical marijuana or medical marijuana pructs that were produced, manufactured, sokI or distributed by the medical marijuana establishment for the previous month, LOrd. 519, 20)7). 532.055 C Marijuana License Fees frecreational marijuana Establishments.) 20! 9.0205 Green Cross of America Page 2 of 2 in addition to i/ic fees specified hi subsection A of this section. ever)’ marijuana stoblishment, as a condition o,t the granting oft? niarjitana establishment license or renewal, shall pay no later than ten (101 ww*itig days folloitiiig the first day of each month, a month/v business license fee to Nyc County, equivalent to two percent (2%) of the total value of all marijuana or maruitana prothict.c 1170! ILere produced, manufactured, sold or distributed by the marijuana establishment for the previous month. (Ord. 519, 2017). A determination by the Board of County Commissioners of failure to comply with any of the conditions of (he approved applications or Nyc County Code shall be deemed just cause for revoking the Medical and Recreational Business Licenses: The Board of County Commissioners may. without further notice, take administrative action ifsuch administrative action is warranted and revoke your licenses at the hearing. If those licenses are revoked. per Nyc County Code the Persons found guilty of violating any of the provisions of this chapterare guilty ofa misdemeanor and subject to a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars (SI .000.00). or by imprisonment in the County Jail for not more than six (6) months, or by both such fine and imprisonment. Nothing herein contained shall be construed as limiting any prosecution for acts related to a violation of the Unifom Controlled Substances Act as set forth in chapter 453 of the Nevada Revised Statutes. (NCC 5.32.100 A) Should the Board choose to take action and revoke your Licenses you do have an appeal process. Any person who is aggrieved by a final decision of the board may appeal that decision to the District Court by filing a petition forjudicial review within twenty-five (25) calendar days after the date of filing of notice of the decision with the clerk of the board. lfyou have any questions, please contact the Planning Department by phone at (775)751 -4249, fax at (775)751- 4324. Amanda VanHouten Code Compliance Officer CC: Board of County Commissioners Tim Sutton, Nyc County Manager Sharon Wehrly, Nye County Sheriff Green Mining Concepts, INC File EXHALE BRANDS NEVADA LLC Business Entity Informaflon - Status: Active File Data: 31912017 Domestic Umlted-l_iability Type: Entity Number: E01128120’17-7 Company Qualifying State: NV List of Officers Due: 313112019 Managed By: ‘Managing Members Expiration Date: NVBusInessiD: NV20171152114 Businenticense Exp: 313112019 Additional Information Centnl Index Key: Registered Agent Information Name: SAMUEL ROWE Address 1: 81 BROKEN ROCK OR Address 2; City: HENDERSON State: NV Zip Code: 89074 Phone: Fax: Mailing Address 1: MaIling Address 2: Mailing City: Mailing State: Mailing Zip Code: Agent Type: Noncommercial Registered Agent Flnanci& Information • ;ar;;J:7c — ;;;;tJ No stock mconis found forthis company — } Officor Include Inactive Officers Managing Member GREEN MINING CONCEPTS, INC. Address 1: 1077 E MARILYN RD Address 2: City: SCOTTSDALE State: AZ Zip Code: $5255 Country: Status: Active Email: — ActionsAmendments Action Type: Articles of Organization DocumentNumber: 20170104581-99 #ofPages: 2 File Date: 31912017 Effective Date: (No notes for this action) Action Type: Initial List Document Number: 20170174836.49 # of Pages: 1 File Data: 412412011 EffectIve Date: (No notes for this action) Action Type: Annual List Document Nunter: 20180147018-50 P of Pages: € File Date: 313012018 Effective Date: (No notes for this acliori) htlpsifw.nv5asgov/WsGnti!ySeaTdVP(ifltCOrpaSpX?lX8nVqcFaD6ETNIVqo5SqXV3dM%253d%263 217 d GREEN MINING CONCEPTS INC [isiness Entity Information Status: Active I. File Date: 112312017 { Type: Domestic CorporatIon Entity Number: E0a327320114 ! Qualifying State: NV List of Officers Due: 1131(2020 ; Managed By: Expiration Date: } NV Business ID: NV20171045560 - Business License Exp: 113112020 Additional Information Central Index Key: Registered Agent information . Name: SAMUEL ROWE Address 1: 81 BROKEN ROCK DR Address 2: City: HENDERSON . State: NV Zip Code: 89074 Phone: Fax: Mailing Address 1: MaIling Address 2: Mailing City: Mailing State: : Mailing Zip Code: . Agent Type: Noncommercial Registered Agent Financial information No Par Share Count: 0 - Capital Amaunt:$ 50000.00 Par Share Count: 50000000.00 Par Share Value: $ 0.001 — Officers Include Inactive Officers President PETE FINDLEY Address 1: 222 KAREN AVE. SUITE 3807 Address 2: City: LAS VEGAS State: Zip Code: 89109 Country: Status; Active Email: Secretary -PETE F1NDLEY Address 1; 222 KAREN AVE. SUITE 3807 Address 2: City: LAS VEGAS State; NV Zip Code: 89109 Country: Status: Active Email: Treasurer• PETE FINDLEY Address 1: 222 KAREN AVE. SUITE 3807 Address 2: City; LAS VEGAS State: NV Zip Code: 89109 Country: Status: Active Email: Director. PETE FINDLEY Address 1: 222 KAREN AVE. SUITE 3807 Address 2: City: LAS VEGAS State: NV Zip Code: 69 *09 Country; Status: Active Email: — Action&tAmendments Action Type: Articles of Incorporation Document Number: 20170028335-91 fi of Pages: 3 File Date: 1/23120*7 EffectIve Date: initial Stock Value: Par Value Shares: 50,000000 Value: $ 0.001 No Par Value Shares: 0 — Total Authorized Capital: $ $50,000.00 Action Type: Initial List Document Number: 201 70206750-00 # of Pages: 1 File Date: 511012017 Effective Date: (No notes for thIs action) Action Typo: Annual List Document Number: 20180075808-29 # of Pages: 1 Fife Date: 211912018 Effective Date: (No notes for this action) Action Type: Annual List Document Number: 20*90044911-51 # of Pages: 1 File Date: 113112019 Effective Date: (No notes for this action) httpsJlvmn.nvsos.gov/soseNitysearclvPrlritCctpespx7ixanvq-8%252fIkckEGGsFShx7hAd%252b81w%253d%253d 2-2 ASSET PURCHASE AGREEMENT This Asset Purchase Agreement (this “Agreement’) is entered into as of May 22, 2018 (the “Effective Date”), by and between EXHALE BRANDS PAHRIJMP LLC, a Nevada limited liability company (“Purchase?’), and GREEN CROSS OF AMERICA INC, a Nevada corporation (“Seller”). RECITALS A. Seller is engaged in the business of cultivating, and selling Medical and Recreational Marijuana and all associated derivatives and products, under multiple State of Nevada Department of Taxation licenses (as defined below), being referred to herein as the “Business’); 13. Purchaser is interested in purchasing, and Seller is interested in selling, certain assets related to the Business, as more fully described herein. The sale and transfer of Seller’s existing State licenses to Purchaser, as well as all associated State or County business licenses, is a contingent factor and a condition precedent to Closing. Additionally, Purchaser, by separate agreement is buying the real property associated with Seller’s business. These transactions shall close simultaneously, or as agreed to between Purchaser and the Property Owner. Purchaser’s acquisition of an agreement to acquire the real property or the right to operate from the real property is a contingent factor and condition precedent to Closing this Transaction; and C, The parties hereto desire that Seller sell, assign, transfer and convey to Purchaser, and that Purchaser purchase from Seller, the Assets (as defined below) in exchange for the consideration set forth herein, alt according to the terms and subject to the conditions set forth in this Agreement (the “Transaction”). NOW, THEREFORE, in consideration of the representations, warranties and covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which arc hereby acknowledged, the partics hereto hereby agree as follows. ARTICLE I PURCHASE AND SALE OF ASSETS 1.1 Purchase and Sale of Assets and Assumption of Assumed Liabilities. (a) Upon the terms and subject to the conditions set forth in this Agreement, effective as of the Closing Date (as defined below), Seller agrees to sell, assign, transfer, convey and deliver to Purchaser, and Purchaser agrees to purchase from Seller, alt of Seller’s right, title and interest in and to the Assets, free and clear of all Encumbrances (other than Permitted Encumbrances). (b) in connection with the Transaction, on thy Closing Date, Seller shall take any and all actions that may be required, or reasonably requested by Purchaser, to transfer good, valid and marketable title to all of the Assets, free and clear of all Encumbrances (other than Permitted Encumbrances), to Purchaser, and Seller shall deliver possession of all of the Assets to Purchaser on the Closing Date. Seller shall further deliver to Purchaser proper assignments, bills of sale, I a. LEASE The sale is contingent upon Purchaser obtaining, within tO Days Añer Acceptance, the assignmeut, new lease, option to extend, or other lease provision acceptable to Purchaser. Purchaser shall submit an application for such lease to Sellers landlord within 5 Days After Acceptance. 6. PURCHASE O RAl,f.ROPERTY: The sale is contingent upon Purchasers obtaining an option to purchase the real property in which the Business operates. A separate Real Property Purchase Agreement is rcquircd 7. lJCEN; This sale is contingenT upon Puschase?s obtaining, prior to the Close Of Escrow, the license(s) required for the operation of the facility as contemplated by this agreement. Purchaser shall apply for such license(s) within 5 Days Aftcc Acceptance: IN WITNESS WHEREOF, the parties hercio have executed this Agrccinent as of May 22, 2018. GREEN CROSS OF AMERICA INC N’me: /sc,’ 4A G,Vecrcc C; Its: EXHALE BRANUS PAF{RIJMP [AC By: Name: Peter Findley Its: CEO/Manager 38 STATE OF NEVADA DEPARTMENT OF TAXATION RENO OFFICE 4600 X1.Ww Lane Web Site: https:Iltax.nv.gov StdlddngLSuIte23Z 155OC9eP% Sdta 115 Rena, Nevada 99502 Carton Cly. Nevada 89)06 7937 Phone: (fl) 68 7-9999 Pt,Q.i (fl3 6I4-o Fat: (775)684-2020 Fa:(775)6fl-1303 BRIAN 3ANbOVAI. Gok,mo, LAS vEGAS OFFICE HE N 0 E RS 0 N C FF1C S JM4ESOEVOLLO Gacd Snfll 01k. 8IdInQ. SufleIJOO 25e0 Pano V47d1 Pastw,y. SuitS 160 Cftak Nevada mx Co,M31cn 555 .WnhW,9ion vITbue Wer4e,son, Nevada 89074 flL nOERSON I.., V9a5, Ntnd 69101 Phone: (702) 4S8234)0 EntfflOfrv,c!ct Pnone (702) 466-2100 Fag: (702) (U 2373 Far(702)4&5-3377 November 21, 2018 Peter Gnecco Green Cross of America Inc. P.O. Box 4838 Pahrump, NV 89041 Subject: MME Ownership Change State of’ Nevada Application ID & C035 59236238729804377085 Tax Identification Numbers: T[D #1029130140-001 Dear Mr. Gnecco: Your Notice of Transfer of interest pertaining to the ownership of the above referenced MME(s) has been reviewed and APPROVED. Effective immediately, your MME(s) and ownership Schedule Interest of is recorded as follows: Name %Held Green Mining Concepts, Inc. 10 0.00% Peter Findlay, Chief Executive Officer 2011- qqs- 884L1 Baxter Baldwin, President (ç(S?— 5x) 7f1 Jeremy Kiefer, Chief Financial Officer Total 100.00% Please feel free to contact us at marihianaøuax.state.nv.us if you have any questions. Sincerely, Department of Taxation, Marijuana Enforcement Division FINAL ACTION MEMORANDUM February 6,2018 Green Cross of America P.O Box 4838 Pahrump, NV 8904 1-4838 I, Sandra L Nlcrlino, County Clerk and Clerk of the Board of County Commissioners, Nyc County, Nevada, do hereby certify that, as filed with the County Clerk on (his date, the Board of County Commissioners, at its January 16, 2018 meeting, took action on your Special Use Ikrrnit Application SU-2017-000043. The Nyc County Board of County Commissioners conducted public hearing on a request Special Use Permit SU-201 7-000043:0 Special Use Permit a allow a recreational marijuana establishment (cultivation) in a Light Industrial (LI) zoning district, on 378 acres located at 5101 S. Oakridge Avenue. Pabrump, Assessor Parcel #44-521-41, Oakridge Interpriscs LLC Property Owner. Green Cross or America Applicant. Peter Onecco Agent ‘or Green Cross ciAmerica. Alter conducting the public hearing the Board voted 4 I to rpprovc your apphcation with the requirement that cultivation be started within 90 days of approval. Should you have any questions or need any additional information please contact the Planning Depatirnent in Pahrump at (775)751-4246. Saritra L. Merllno, Nyc County Clerk and Clerk of the Board of Nyc County Commissioners Ny (•oulIiy is ,i I:qui OpporLun,L) Lwpioycr FINAL ACTION MEMORANDUM CERTIFIED MAIL: 7007 0710 0002 0384 5844 July 28,2014 Philip Restifo 8101 W.RosadaWay Las Vegas, NV 89149 Dear Mr.Restifo: I, Sandra L. Merlino, County Clerk and Clerk of the Board of County Commissioners, Nyc County, Nevada, do hereby certify that, as filed with the County Clerk on this date, the Board of County Commissioners, at its July 16, 2014 meeting in Pabrunip, took action on your Special Use Permit applications SU-l4-0008 and Waiver WV-14.0007. The Nye County Board of County Commissioners conducted a public hearing concerning a for request for a Special Use Permit SU-14-0008 to allow & medical marijuana establishment (cultivation) in a Light Industrial (LI) zoning district, on 3.78 acres located at 5101 S. Oakridge Avenue, Palirump; and a Waiver Application WV-14-0007 a Waiver from the residential separation distance requirement, for a medical marijuana establishment (cultivation) in a Light Industrial (LI) zoning district, on 378 acres located at 5101 S. Oakridge Avenue, Pahrump. After closing the hearing, the Board elected to apnrove your Special Use application 4-0 and subject to the Conditions of Approval listed below and voted 4-0 to remove your Waiver WV-I4-0007. MANDATORY CONDITIONS OF APPROVAL The approval of any special use permit authorizing the operation of a medical marijuana establishment must contain at a minimum the following conditions: I. The special use permit grantee must provide to the Nye County Planning Director a copy of the registration certificate issued by the Stale of Nevada prior to commencing operations. 2. The establishment must continue to meet all requirements for a medical marijuana establishment to qualify for and maintain its certificate of registration as set forth by State law, 3, The establishment must comply with all operating procedures required by State law, 4. The establishment must prohibit anyone from consuming marijuana on the premises. 5. If the establishment has signage, the signage shall be limited to one wall sign not to exceed two square feet in size. 6. The establishment must prohibit anyone under the age of eighteen years on the premises. Nyc County is an Equal Opportunity Employer 201407.16 Green Cross of Arncrica_SU-14-0008_WV- 14-0003 7. The establishment must prohibit medical marijuana activities including, without limitation, cultivating, growing, processing, displaying, selling or storage from being conducted outdoors. 8. All cultivation or production of marijuana that a cultivation facility carries out or causes to be carried out must take place in an enclosed facility. 9. The establishment must prevent medical marijuana or paraphernalia from being displayed or kept in a manner that is visible from outside the facility. 10. The establishment must install security surveillance cameras that monitor all entrances, along with the interior and exterior of the premises. Recordings from these cameras must be maintained in a retrievable manner for at least 90 days from the date recorded. 11. The establishment must install and maintain in good working condition robbery and burglary alarm systems. 12. The establishment must post a legible sign inside the facility stating that; a. The use or distribution of marijuana is a violation of federal law. b. The possession, use, or distribution of marijuana for non-medical purposes is a violation of state law. c. Consumption of marijuana on the premises is prohibited. ci. No one under the age of eighteen years is permitted on the premises. 13. The special use permit grantee shall record a notarized affidavit in which the grantee acknowledges that the operation of a medical marijuana establishment is a violation of federal law. 14. The special use permit grantee shall record a notarized statement in which the grantee agrees to hold Nye County harmless against any federal law enforcement actions that may result from the activities of the medical marijuana establishment that is the subject of the special use permit. SPECIAL CONDITIONS OF APPROVAL 15. If the State of Nevada, Division of Public and Behavioral Health, issues a Medical Marijuana Establishment (MME) Provisional Registration Certificate for the establishment for which the special use permit was granted by December 31, 2015, then the establishment must commence operations within 18 months of the date of issuance of the Provisional Registration Certificate otherwise the special use permit will expire. If the State of Nevada does not issue a MME Provisional Registration Certificate for the establishment for which the special use permit was granted by December 31, 2015 the special use permit will expire. 36. Property owner/applicanUgrantee shall obtain all required local and state approvals, building permits, plan reviews, inspections, etc., for the establishment. 17. The special use permit grantee shall provide to the Planning Department prior to commencement of the establishment a copy of the recorded notarized affidavit in which the grantee acknowledges that the operation of the medical marijuana establishment is a violation of federal law. 18. The special use permit grantee shall provide to the Planning Department prior to commencement of the establishment a copy of the recorded notarized statement in which the grantee agrees to hold Nyc County harmless against any federal law enforcement actions that may result from the activities of the medical marijuana establishment. Nyc County is an Equal Opportunity Employer 2014.07.16 Green Cress of America SU- I 4-0008_WV- 14-0003 19. The special use permit grantee shall provide to the Planning Department prior to commencement of the establishment a copy of the recorded notarized statement in which the grantee agrees to hold Nyc County harmless against any federal law enforcement actions that may result from the activities of the medical marijuana establishment, 20, Grantee shall submit a Security & Transportation Plan and obtain approval of the Nye County Planning Department and Nye County Sheriff’s Office prior to the Board of County Commissioners issuing a Medical Marijuana Establishment License. 21- Grantee shall comply with all site development standards and requirements of the Pahrump Regional Planning District for commercial/industrial development projects. 22. Grantee shall submit a Water impact Plan and obtain the approval of the Nye County Water District Governing Board prior to the Board of County Commissioners issuing a MME License. Should you have any questions or need any additional information please contact the Planning Department in at (775)751-4249. San ra L. Merlino, Nye County Clerk and Clerk of the Board of Nye County Commissioners Nyc County is an Equal Opportunity Employer FINAL ACTION MEMORANDUM August 9,2018 Peter Onecco 3910 Chaffc Ave. Pahrump, NV 89061 I, Sandra L Merligo, County Clerk and Clerk of the Board of County Comndsslouers, Nyc County, Nevada, do hereby certify that, ni filed with the County Clerk on this date, the Board of County Comm issioners, at its July ii, 201$ meeting, took action on your Medical Marijuana Business License Annual Renew al Application MM.2018.000060 (Cultivation). The Nyc County Board of County Commissioners conducted public hearing on a request to renew a Medical Marijuana &iablisbment License for a medical marijuana (cultivation) facility, located at 5101 S. Oakrldge Avenue, Pahnimp. Assessor Parcel Number 044-52141. Green Cross of America, Inc. / Peter Cinecco Applicant. After conducting the public hearing, the Board voted 5—0 to approve your applicalion contingent upon reporting all applicable sales and tax to the Nyc County Treasurer within 90 days of approval. Licenses expire June 30, 2019. Renewals must be subuiltled 30 calendar days before expiration. Failure to pay the marijuana renewal license fee within ten (10) working days of the due date shall result in the mandatory assessment of a late fee of twenty fIve percent (2.5%) of the annual fee within thirty (30) days of the due date, or shall be grounds for revocation of the license. Should you have any questions or need any additional information please contact the Planning Department in Pahrunip at (775)75142.46. dud.n cik4 Sandra L Merlino, Nyc ty erk and Clerk of the Board of Nyc County Commissioners Nyc County is an Equal Opportunity Employn FINAL ACTION MEMORANDUM February 28, 2018 Green Cross ofAmerica, Inc. P.O. Box 4838 Pabrump, NV 89041 I, Sandra L. Merlino, County Clerk and Clerk of the Board of County Commissioners, Nyc County, Nevada, do hereby certify that, as filed with the County Clerk on this date, the Board of County Commissioners, at its February 20, 201S meeting, took action on your Recreational Marijuana Business License Application RM-2018-000022. The Nyc County Board of County Commissioners conducted public hearing on a request to issue a Recreationni Marijuana Establishment License for a marijuana cu!iivation facility, located at 510i S. Oakridge Avenue, Pabrunip. Assessor Parcel Number 044-521 4I. Oakridge Enterprises, LL.C Property Owner. Peter Gnecco, Green Cross of America, Inc. Applicant. Aticr conducting the public hearing the Board voted 3 I to approve your application contingent to the establtshtnent passing their compliance inspection wtthm 30 days. Should you have any questions or need any addtionuI inhrmation please contact the Planning Department n Pahrurnp at (775)751-4246. Santa L. Merlino, ye County Clerk and Clerk of the Board of Nyc County Commissioners Nc n J q’a.i Opp,n,jy I nipiucr Amanda VanHouten From: Celeste Sandoval Sent: Wednesday, February 6,2019 1:02 PM To: Amanda VanHouten Cc: Brett Waggoner Subject RE: Green Cross of America Business License Sales Fees Green Cross only submitted these forms because they were given 90 days to get into compliance for their MM and RM Licenses per the MMs. They came into compliance and haven’t submitted anything since. Medical 2017 (missing county form for August 2017, have state from) June, July, Sept, Oct & Dec submitted August 22, 2018. November 2017 paid on August 30, 2018. Medical January July 2018 submitted August 22. 2018. Recreational 2017— Only county forms for November and December submitted on 8/22/2018 (no state forms received) 2018 January April & June submitted 8/22/2018, May end July paid on 8/30/2018. Thank you, Celeste Sandoval Administrative Secretary Nye County Planning Departnwn 250 N. Hwy 160, Ste. 1 Pahrutnp, NV 89060 Office: 775-751-4249 Fax: 77575l-4324 :antluVal cons Q.fl.Uc • ‘this commun’CatiOfl is for use by the inrenden recipient and contairs information that may be privileged, confidential or copyrighted under applicable law. Should the intended e:ipiei’t of TN’s electronic comrnunjration be a member of a pjbl:c tody wtl’in the Stale of Nevada be aware that it is a v:oat.an C’ U’e Nevada Qpan Meet r.g Law (Fans chapter 2411 louse electron c ccmrrun.icatlos To circumver: the spirit or letter of the Ooen Meet g Law to act. outside of an open and public meeting. upon a matte, over wNcb the pabl.c body has supervision, contol, juiisdictor. or advi5o, powers If you are not the inte,ded reclp en!. you atw hereby forma ly nttitied Thai 2fl uSe, copying or distribuier. of ts se-mail in whole or in pal, s strict y prohibited Plono ratify the sender bj return ema,’ and de’ele 1h5 nsa I from your system, unless explicitly and conspicuous y designated as ‘E’Contract Intended,’ this email does not conslitute a contract offer, a contract amendment, or an acceptance of a couralerOlle, ibis email does not constitute consent to the use of sender’s contact information for direct marketing purposes or for translers of dala to t’ ird parties.’’ From: Celeste Sandoval Sent: Tuesday, February 5,2019 3:13 PM To: Amanda Vanhouten (avanhouten@co.nye.nv.us) qvanhouten@co.nye.nv.un Cc: Brett Waggoner <bwaggoner@co.nye.nv.us> Sublect Green Cross of America Business License Sales Fees Ama nda, I have done an audit of the Green Cross of America month[y business license sales fees and they are delinquent for the following months, August through December 2018 for Medical and Recreational. They have been habitually over 60 to 90 days late in paying. Please let me know if you need anything else. Thank you. Celeste Sandoval Administrative Secretary Nye County Planning Department 250 N. Hwy 160, Ste. 1 Pabrump, NV 89060 Office: 775’7514249 Fax: 775-751’4324 csandoval • ‘lois commur,icat-on is bc use by the -olended fec-pent and ronlains informercn that may he prr:leged, 001idcntial cc copyrighted under aopiicable law Should the intended reciprent of lh is elect 0015 cornrnunpcatron be a member of a pubIc hod within the St ale ci Nevada be swa, a that 553 cr0 elton of the Nevada Open Meeting taw (hAS Chaptet 241)10 uSe electronic cornrnunrcalions to circumvent the spirit or letter of the Open Meetinc taw to act, outside ci an open and pubic meeting upon a critter over which the pLh is body has supervisIon coniro. jurisdiction or ad-aisoni powers if you are not the intended recipent, you a’e hereby formally notified that n.y use, copying or distribtilon of thrs e.mail, in whole or in pal, is sirict-y prohibtech P ease nocity they sender b yreirirn e-mail and delete this email horn your system Unless e,pliotly ard conspicuously designated as f-contract intended,’ lb s emal does not cnnm lute a contract offer, a contract a nt endnsent, or an acceptance cit a coiniterotier. This email does rot sonetliute con sent to the use of sender’s contact inicrinstion for direct ma reeling purposes or (a’ transfers or data to third part-es 2