July 16, 2019

Commissioner Koenig

clarified he was talking about the licensing money on marijuana, not tax money. Towns could not license therefore towns should not get paid to do something they could not do. Beth Lee from Valley Electric announced Valley Electric would hold its l3 annual Fill the Bucket Truck school supply drive on August 3, 20191 from 9:00 a.m. to 1:00 p.m. at Wal-Mart, Albertsons and Smith’s, and would be taking donations in the lobby through Friday, August 2, 2019. Dot Ahrens stated after looking at the last video there were some crooked, underhanded politicians. She said she would be on the Commissioners’ backs at the next election. Dave Stevens stressed the need for a new animal shelter. Lisa Howard complained to the Board about her treatment by the Sheriff’s Office during a dispute with her neighbor which resulted in her arrest.

Commissioner Wichman

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

Commissioner Koenig

said four of the Commissioners went to NACO along with over 3,000 commissioners, county managers and staff from all across the nation. He would July 16, 2019 like to provide updates at the next Tonopah meeting due to the length of today’s agenda.

Commissioner Blundo

advised he was a member of the National NACO Transportation Steering Committee and he would have a more detailed report at an upcoming meeting. He asked for follow up on the shrubs right outside the Calvada Eye because he had noticed a blind spot when pulling in as well as an RV that spent the night there. TIMED ITEMS

Commissioner Koenig

opened and closed the public hearing.

Commissioner Blundo

made a motion to approve; seconded by Comm issioner Strickland; 5 yeas. July 16, 2019 10. 10:00 For Possible Action Public Hearing, discussion and deliber ation on ZC-2019-000035: A (Conforming) Zone Change application to change 1.9 acres from the Neighborhood Commercial (NC) zone to the Commercial Manuf acturing (CM) zone, for property located at 941 W. Mesguite Road, Pahrump, NV. Assessor’s Parcel Number 035-091-03. MAD Living Trust Property Owner. Walt Turner Agent. Rick Ater Applicant. — —

Commissioner Koenig

opened the public hearing. Dana Chapman lived across the street from this location and said he was oppose d to the rezoning of the property. He felt changing it from neighborhood commercial to commercial manufacturing would reduce property values and change the dynam ics of the neighborhood for the worst. It would also open the neighborhood up to many types of undesirable companies. Mr. Chapman asked the Board to not allow the zoning to take effect and compromise the livelihood of everyone in the neighborhood. Jacqueline Chapman, who had Hved adjacent to this property since 1979, stated rezoning would not only devalue the homes but would also compromise their way of life. The zoning would also open up the property for manufacturing of metal and other undesirable businesses to come in like automotive repair shops. She sent a petition to the Commissioners signed by seven different homeowners in the area that did not want this rezoning. Mrs. Chapman asked the Board to not rezone it to a use that would not be conducive to the neighborhood way of life. Heidi Murphy expressed her concern because to this day the owner of that property had not understood that everyone had to live in that neighborhood and had not complied with any of the laws. She was also concerned about the future because if this was rezoned other types of businesses could move in after this business decided to leave. Wayne Murphy said he was a retired veteran who worked nights as a prison guard. He did not feel it was conducive to go commercial manufacturing in this area as there were too many unforeseen variables and once that zoning was in place it opened the neighborhood up to incidents. Mr. Murphy thought the area should be left as a light residential area and not commercial manufacturing.

Commissioner Koenig

closed the public hearing. Rick Ater, the applicant, said he understood the problems but they wanted to fit in, not become a problem He said they \.Ajere moving the family business here and had bought a lot on North Leslie. Walt Turner, representing the seller and the buyer, said they would like to mitigate the problems with the neighbors. He noted the previous owner was an out of town owner and this zone change would bring the owner to the site and problems could be mitigated immediately. It would bring no more traffic than the 16,000 square foot storage facility behind it on Linda, and the applicant had already agreed to a hedge around the property July 16, 2019 10. 10:00 For Possible Action — Public Hearing, discussion and deliberation on ZC-201 9-000035-Cont’d. to block the view and dampen the sound. There would also only be two or three employees.

Commissioner Koenig

said the big problem was noise. He had discussions with the potential owner and with other people. Previous to this there was an illegal auto shop in there. Once it was rezoned if the applicant decided to leave they could have a legal auto shop in there because it would be zoned for that and that was the proble m with rezoning. Commissioner Koenig pointed out the owner indicated they might be agreeable to something like a special condition that said sitting outside with a decibel meter they would not be any louder than a car driving by.

Commissioner Wichman

asked Mr. Ater if he was moving his home onto the property as well.

Mr. Ater

said no. They were building a house on a lot they bought on North Leslie. He also advised the business would operate during normal business hours and no one would be there at night.

Commissioner Blundo

asked Mr. Ater what he would actually be doing at this business.

Mr. Ater

explained it was precision sheet metal fabrication and they made things like electrical panels using a turret punch.

Commissioner Blundo

asked what kind of insulation and reinforcements were planned.

Mr. Ater

said it would he whatever sound mitigation they had to do. He said they had a compressor, but in their current facility it was behind a sound wall because they did not like the sound of it.

Mr. Turner

added the building was currently an empty warehouse type building. They were going to move their business into it, meaning not only the machines but everything for a normal work day. Sound dampening would be added to the inside and on the exterior the bare minimum would be a hedge all around for sound dampening. They were also open to what the Commissioners required. Mr. Turner said he recommended the hedge because walls would just bounce the sound around.

Commissioner Strickland

said the insulation currently in the building was what was used in a metal building and not sufficient for sound dampening. She also wanted to make sure they kept the equipment inside if this was approved. She was thinkin g of a block wall on two sides of the property to dampen the noise for the adjoining proper ty owners, privacy fencing on the other two sides, and sound dampening inside the building. She said she would consider this only if at least those measures were taken. Commissioner July 16, 2019 10. 10:00 For Possible Action — Public Hearing, discussion and deliberation on ZC-201 9-000035-Cont’d. Strickland also wanted a way to monitor the applicant to make sure they were within those conditions. The other issue was the gate needed to be eliminated.

Mr. Ater

advised he was going to make it an emergency gate and did not even know the gate was there.

Commissioner Cox

noted there were some restrictions already included regarding things such as noise and truck deliveries. She confirmed with the applicant they would only be cutting metal.

Mr. Ater

explained the biggest parts they did were three foot by six foot. they would use one of the warehouses for storage for metal, parts and inventory. They expect ed a delivery truck once a week and they made deliveries in a pick-up truck.

Mr. Turner

advised they were willing to put on their property deed a line saying if they sold it must be reverted back to neighborhood commercial.

Commissioner VVichman

asked Bradley Richardson if it was possible to do a zone change with a reversionary clause.

Mr. Richardson

said he would have to look into it.

Commissioner Koenig

read a letter into the record from Gertrude Miller, who was opposed to the change due to the noise of cutting sheet metal all day and at night. Ms. Miller said Mesquite was looking like a business corridor instead of a residential area.

Commissioner Koenig

said a condition could be put on this that if the applica nt did move it reverted back to the original zoning and he thought that would be conditional on the District Attorney’s Office doing a bit further investigation and agreeing.

Mr. Richardson

said that was correct and Planning would need to provid e the conditions.

Commissioner Wichman

made a motion to approve the zone change as long as the property owners agreed to put the restriction on the deed when it transferred, that a reversionary clause be on the zoning change so it reverted if the business change d significantly or if the property sold, that any and every noise reduction effort discussed that they could do be done including a block wall on the south, east and west side of the property, and that Planning approved the conditions, all contingent upon whether or not the District Attorney found that this was an appropriate action.

Commissioner Koenig

asked for a friendly amendment that the gate not be used except for emergencies. July 16, 2019 10. 10:00 For Possible Action — Public Hearing, discussion and deliberation on ZC-201 9-000035-Cont’d.

Commissioner Wichman

amended her motion to include that; seconded by

Commissioner Blundo

wondered about the traffic count and the decibel level of the noise.

Mr. Turner

stated the noise decibel levels were lower than a car driving by.

Commissioner Koenig

opened the public hearing. John Bosta read a written document into the record and asked that it be included in the minutes [see Attachment 2j. He thought this special use permit (SUP) change of location should be considered as a new application. He said requiring the applicant to obtain all of the proper approvals and licensing prior to operating the facility should actually be done prior to approving the SUP. Also: the applicant currently had two marijuana facilities approved in the Town of Pahrunip, not in Nyc County. Mr. Bosta felt that a HEPA ventilation system should be required to prevent pollen escaping from the establishment. Ammie Nelson pointed out there was another facility almost across from it and there was no odor or traffic. Dwight Lilly finished reading Mr. Bosta’s statement. The Governor’s task force on the implementation of question 2 recommended that DTAX through regulation establish a buffer zone of at least five miles between indoor and outdoor marijuana cultivation facilities unless the Nevada Department of Agriculture grants a variance. The July 16, 2019 11. 10:00 For Possible Action — — Public Hearing, discussion and deliberation on SU-201 9-000060-Cont’d. recommendation included locations for cultivation of marijuana crops and industrial hemp. The recommended buffer zone would limit the possibility of female hemp species with less than .3% THC from being pollinated by marijuana plants cultiva ted for medicinal/adult consumption that contain more than .3% THC. All license renewals for existing marijuana establishments for indoor marijuana cultivation should be required to install HEPA ventilation systems before the license was renewed to protect the approved industrial hemp farms in Pahrump and no new marijuana establi shment should be allowed SliPs or licenses in Pahrump.

Mr. Lilly

then said he understood there was an issue in Amargosa with people trying to grow hemp being denied because of outdoor marijuana facilities. He had smelled marijuana in Pahrump on numerous occasions which indicated to him the HEPA filters were not working like they should. Mr. Lilly felt the Board should investigate the marijuana growers before the hemp growing was ruined. Pat Minshall advised the Nevada Department of Agriculture made it clear in Amargosa that they would not grant a hemp application within five miles of a mariju ana grow. It was also her understanding that the hemp could contaminate the marijuana and make it unsellable and vice versa.

Commissioner Koenig

closed the public hearing.

Commissioner Koenig

advised in his discussions with the Nevada Department of Agriculture he learned the only time they enforced the rule was if there was an outside marijuana grow and the only one of those in the County was in Amargosa.

Commissioner Blundo

made a motion to approve the relocation; second ed by

Commissioner Blundo

said he read the letters of contention, which he believe d were for item 12, but he considered them here as well. The smell was an issue with him and that was his issue with hemp, but he said Code Compliance would have the task of determining which industry was responsible for it. Joseph Kennedy, one of the owners of Nye Medicinal Solutions, and Maggie Presley, Director of Operations for NuVeda, were present.

Commissioner Blundo

asked how much in taxes they had contributed so far at the current location and what kind of increase they anticipated.

Ms. Presley

stated they expected a very large increase. They were making blunts using hemp wrap filled with cannabis. They made anywhere from $50,00 0.00 to $60,000.00 a month currently and paid taxes on it. July 16, 2019 11. 10:00 For Possible Action — Public Hearing, discussion and deliberation on SU-2019-000060-Cont’d.

Mr. Kennedy

expected that to increase dramatically.

Commissioner Blundo

confirmed with them they would be up and operational within six months.

Ms. Presley

added they had HEPA systems at their facility on Oxbow, When they moved they would have HEPA filters installed in the A/C system along with charcoal air scrubbers.

Mr. Kennedy

explained they were moving the cultivation license to Oxbow to preserv e the license while they researched a better location.

Commissioner Koenig

opened the public heailng. John Bosta stated his earlier comments applied here [see Attachment 3]. He said the Chairman calling the Department of Agriculture and having a private conversation was not public record. If that department said it was only one way Mr. Bosta felt they should put it in writing so the public could see it.

Commissioner Koenig

closed the public hearing.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Wichman. Tim Sutton said the Assessor’s Office advised that NuVeda was delinquent on their personal property taxes about $1,000.00 and asked to make the approval conditional on those taxes being paid.

Commissioner Blundo

amended his motion to approve conditioned upon squaring up the personal property taxes with the Assessors Office: Commissioner Wichman amended her second. July 16, 2019 12. 10:00 For Possible Action — Public Hearing, discussion and deliberation on SU-201 9-000063-Cont’d.

Commissioner Blundo

mentioned the odors again and confirmed they would be operational in six months.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Strickland

made a motion to approve ZC-2019-000034; seconded by

Commissioner Cox

; 5 yeas. 13. 10:00 For Possible Action Public Hearing, discussion and deliberation on AP-2019-000021: An Appeal of the Pahrump Regional Planning Commission’s denial of the following application RC-2019-000003: Public Hearing, discussion and deliberation on an application for Reconsideration of Conditions of Approval related to Conditional Use Permit CU-2019-000060 and Waiver WV-2019-000086 which allow a Fireworks Retail/Wholesale and Storage Facility (Area 51 Fireworks) on three (3) contiguous parcels zoned General Commercial (GC), located at 1381, 1361 and 1341 E. Nevada Highway 372, Pahrump, NV. Assessor’s Parcel Numbers 038-291-05, 038-291-04 and 038-291-03. Applicant is requesting reconsideration of Condition #16 which requires the removal of the cargo containers from 1380 E. Arrowhead Street within 30 days of approval of the Conditional Use Permit. D & T Partners, LLC; Timothy and Frank, Jr. McKoy; F & T, LLC and Luis Castelblanco Property Owners. 0 & T Partners, LLC I Timothy McKoy Applicant. Justin Casey Steinhart, General Manager. Area 51 Fireworks Agent.

Commissioner Koenig

opened the public hearing. Dann Weeks, representing MML, Inc. and Lands of Nevada, adjacent property owners to the license holder, asked that his comments be reflected in the minutes. MML purchased the multi-family parcel lot at 1360 E. Arrowhead in 2006 with the intent to develop a multi-family structure. Sometime around 2011 Area 51 Fireworks began to illegally use the adjacent multi-family lot located at 1380 E. Arrowhead as a fireworks storage facility. Following six years of ignored violations from County Planning, Area 51 finally had its CUP revoked. Today that company came back to the Board and asked July 16, 2019 13. 10:00 For Possible Action — Public Hearing, discussion and deliberation on AP-201 9-000021 -Cont’d. them to ignore the law again. Mr. Weeks said planning and zoning were in place for a reason and when the laws were ignored by elected and appointed officials then those laws were reduced to simply being good ideas and intentions. He understood the County did not have time to investigate every privilege license holder, but he did. Mr. Mann stated that since he was last before the Board he had spent every day observing the property at 1680 E. Arrowhead. He said Area 51 was not storing fireworks on that property. That property was being used as an ingress and egress for commercial property on Highway 372. The security fence was to hide trucks moving from the residential lot to the commercial lot. Mr. Weeks thought the property was a speakeasy and being used in an illegal manner. He asked the Board to deny the waiver. Dwight Lilly, speaking on behalf of the safety of the public in Pahrump, asked the Board to deny the appeal and have the containers removed. He noted the mentioning of two businesses operating illegally and it seemed the County did not want to enforce the laws and regulations.

Commissioner Koenig

closed the public hearing.

Commissioner Strickland

made a motion to affirm the decision by the Pahrump Regional Planning Commission and ask that all property on 1380 Arrowhead be removed by August 1,2019; seconded by Commissioner Wichman. Casey Steinhart, agent for Area 51 Fireworks, explained they used the 20 containers on the back property for storage. Since the RPC meeting they did what they said they were going to do. He had applied for the encroachment permit, less than three of the 20 containers had any product in them, and hopefully they would be moved out within the next 96 hours or by the end of the month. Mr. Steinhart said they were just asking for time and there should be no problem with having everything removed from the property by August 1, 2019.

Commissioner Blundo

asked why the Board was setting a different date.

Commissioner Strickland

explained she knew they could perform by then.

Commissioner Blundo

said he made the motion at the RPC to give them until August 20, 2019, and he would have preferred to have the dates consistent.

Commissioner Koenig

opened the public hearing. John Bosta asked that his comments and written statement be included in the minutes [see Attachment 4]. On July 2, 2019, the Board did not set a time, date, place and location for this item and it should be pulled. The only thing set that day was item 19 on today’s agenda. Ed Goedhart displayed a map showing the largest farming sector in Nye County with precious little private ground. He said 95% of the farm ground and water rights in the valley would be declared off limits to people to grow hemp if the outdoor hemp license was granted and they exercised the five mile buffer. Mr. Goedhart said he was denied a hemp grower’s certificate from the Nevada Department of Agriculture as his grow would only be 4.42 miles away as the crow flies and he had S70,000.00 of hemp plants he had to destroy. He also had some issues with Ordinance 511 and Code Title 17 and how the outdoor grow was approved. The current ordinance and Title 17 specifically banned outdoor cultivation of marijuana and did not give the Board the authority to override that prohibition. Mr. Goedhart also mentioned the notice requirements for this type of license application. Terry Fisher stated he owned several farms in the area along with the water rights. He grew hemp on an 80-acre farm on W. Amargosa Farm Road and employed 25 full-time people. He had put $1.4 million in buildings on his farm and said he was what would be called the tip of the iceberg. He urged the Board not to miss the boat on hemp. Michael Whalen from the Nevada Hemp Association said he supported all farmers in Amargosa Valley, but in the big picture hemp could bring a lot more money to the County than marijuana. Michael DeLee spoke of the five mile radius. NAC 587.477(4) talked about five miles and applied only to hemp raised for certified seed production, but that was not the way it was being interpreted. He did not want to see the Board go in the wrong direction as it approved an outdoor grow based on the flat statement of it had to be five miles.

Commissioner Koenig

closed the public hearing.

Commissioner Blundo

made a motion to reject Nye County Bill No. 2019-04; seconded by Commissioner Wichman; 5 yeas. July 16, 2019 15. 10:00 For Possible Action Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt or reject Nye County Bill No. 2019-05: A Bill proposing to amend Nye County Code Title 5, Business Licensing and Regulations, Chapter 5.32 entitled Marijuana and Medical Marijuana Establishments; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Koenig

opened the public hearing. John Bosta asked that his comments and written document be included in the minutes [see Attachment 5]. On July 2. 2019, the Board did not set a time, date, and location for a public hearing on Bill No. 201 9-05 and it should be pulled from the agenda as it had not been properly noticed. Ed Goedhart stated Ordinance 511 and Title 17 never made provisions for the Board to have the authority to override the prohibition on outdoor marijuana. He suggested as the Commissioners go forward and change the Code and ordinance that they remember hearings on these SUPs required a ten calendar day notice mailed to the adjacent owners and local boards. To his knowledge that had not been done in violation of Title 17. Mr. Goedhart said people felt like they were being singled out and not treated with the amount of gravity the situation merited. Jake McCray, product manager for Nevada Organic Remedies dba The Source Dispensary, said they were trying to open a dispensary in Pahrump on Homestead. He commented specifically in terms of how the bill amended Title 5.32.101.c by increasing the maximum processing time for retail marijuana license applications from 30 to 60 days. Mr. McCray stated increasing the processing time could jeopardize their ability to open the dispensary in Pahrump as they had a strict deadline of December 5, 2019, from the State; otherwise, the State would take away their conditional license. Mr. McCray explained that they were currently not allowed to submit their business license application until the SUP application was approved. Their application was submitted April 29, 2019, and it was still under review. He was told that would average four to five weeks with a possible approval now on August 6 or 20, 2019. Mr. McCray said adding 30 days to the business license processing time would add to the already nearly three month delay they had with their approval process. If this item was approved Mr. McCray asked that Nevada Organic Remedies’ business application be held to the 30 day standard as they had already experienced significant delays out of their control. Since the application was in before this ordinance Commissioner Strickland asked if he would stay in the 30 day margin. Bradley Richardson said that was a strong possibility, but he would like to check it out and confirm. Dave Stevens said he was against hemp and marijuana. July 16, 2019 15. 10:00 For Possible Action Public Hearing, discussion and deliberation to: — — 1) Adopt1 amend and adopt, or reject Nye County Sill No. 2019-05-Cont’d.

Commissioner Koenig

closed the public hearing.

Commissioner Strickland

made a motion to adopt Bill No. 2019-05 with a provision under item C on page 5 that the item went not to 60 days but to 45.

Commissioner Wichman

made a friendly amendment to the motion addressing a typographical error in section 5.32.055, item B, where the word each” was needed between 25% and 30 days and seconded the motion to adopt. Since he saw a significant amount of changes, Commissioner Blundo suggested having all the changes made and then getting a motion to adopt.

Commissioner Strickland

withdrew her motion; Commissioner Wichman withdrew her second. Tim Sutton addressed the noticing issue. He advised this bill was set for time, date and location on March 11. 2019, for April 16, 2019, and at that meeting the item was continued until today.

Commissioner Blundo

recommended the following changes: • Page 5, Paragraph C, Processing lime — keep that at 30 days to hold the County accountable. • Page 9, Section 5.32.050.C. change to read “Failure to pay monthly the business fee within 10 calendar days of the due date shall result in an automatic show cause hearing for possible suspension and revocation of the license by the board.” • Repeat that same language in Section 5.32.055.C. • Section 5.32.080.B.1. eliminate and present his recommendations for or against the renewal of each such license” and have the recommendations included in the back-up.

Commissioner Blundo

made a motion to amend and adopt with the changes as outlined; seconded by Commissioner Strickland; 5 yeas.

Commissioner Blundo

set the effective date as August 5, 2019. July 16, 2019 16. 10:00 For Possible Action Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-06: A Bill proposing to amend Title 8 of the Nye County Code by repealing Chapter 8.42, thereby removing the Chapter regarding Medical Marijuana; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Koenig

opened the public hearing. John Bosta asked that his comments be included in the minutes as well as his written document [see Attachment 61. He said no time and date was set for this. The Board set times and dates months ago and he did not think extending it was proper noticing to the public. He felt this was not properly posted and should be removed from the agenda.

Commissioner Wichman

asked Bradley Richardson if there was a problem with the way this was posted or when.

Mr. Richardson

did not believe so as there was a record of the setting.

Mr. Bosta

asked if people were noticed within the surrounding area.

Commissioner Koenig

closed the public hearing and explained that all marijuana issues were put off for three months while the Legislature was in session because of the pending lawsuits.

Commissioner Blundo

made a motion to adopt Nye County Bill No. 2019-06; seconded by Commissioner Strickland; 5 yeas.

Commissioner Blundo

set the effective date as August 5, 2019. 17. 10:00 For Possible Action Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-09: A Bill proposing to amend Nye County Code Title 17, Comprehensive Land Use Planning and Zoning, by amending Section 17.04.750 relating to Lighting; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Wichman

made a motion to adopt; seconded by Comniissioner Strickland; 5 yeas.

Commissioner Wichman

set the effective date as August 5, 2019. July 16, 2019 18. 10:00 For Possible Action Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-10: A Bill proposing to amend Nyc County Code Section 17.04.407 relating to the Airport Overlay (AO) Zone; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Strickland

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

Commissioner Strickland

set the effective date as August 5, 2019. 19. 10:00 For Possible Action Public Hearing, discussion and deliberation to: — — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-11: A Bill proposing to amend Nyc County Code Title 17 Comprehensive Land Use Planning and Zoning, Chapter 17.06 Marijuana Establishments; Zoning Requirements; providing for the severability, constitutionality and effective date thereof, and other matters properly relating thereto; and 2) Set an effective date. John Bosta asked that his comments and written documents be included in the minutes [see Attachment 7]. He said this bill basically amended Title 17 and the only place there was zoning approved by the Commissioners was in the Town of Pahrump. The County had no authority to issue marijuana establishment licenses within an incorporated town, only SUPs and marijuana licenses on County property. Mr. Bosta stated this was a total violation of AB472 and S6487. The County should return the marijuana money collected to the towns before July 1, 2020. Ed Goedhart asked to have language added stating that the buffer differences to hemp farms would only apply to those hemp growers that were actually growing hemp for certified seed.

Commissioner Strickland

noted on page 7. section 8, there was a provision stating outdoor facilities must be specifically approved in the SUP with location specific conditions for size, fencing, security and screening from neighbors as well as distance to industrial hemp farms. In section 12 it said the establishment must also hold Nye County harmless if any cross contamination occurred in their establishment and she thought they should have to hold everyone harmless.

Mr. Goedhart

thought the language he suggested was important as he purchased feminized seeds and did not want a male any more than the marijuana growers did. Terry Fisher said he farmed at 2718W. Amargosa Farm Road. As a grower in motion he held several licenses with the State, one as a hemp grower and one as a certified hemp seed grower. He did not know how they managed to pass this as they deemed July 16, 2019 19. 10:00 For Possible Action Public Hearing, discussion and deliberation to: — — 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-11-Cont’d. every property around them unfarmable in the cannabis industry. He explained every three acres took one person to farm it from beginning to end and 1,000 to 2,000 jobs would be lost in the valley because of 22 people working at Acres. He felt the Board should support the hemp in Amargosa like the town had. Michael DeLee said the County could work on the marijuana side of the equation to get cooperation between the parties and then convince the State to correct their interpretation of that regulation. He suggested replacing the blue language on page 8 with “Any special use permit for an outdoor facility, whether an initial permit or renewal application, shall only be approved by Nye County when the applicant had demonstrated cooperation between the applicant and any growers and proposed growers of hemp other than hemp for certified seed under NAC 587.477(4) regardless of the distance between the marijuana and hemp.” Sarah Chapman representing NCCA said discussion needed to be held but that was not the correct place to put that language.

Commissioner Koenig

closed the public hearing.

Commissioner Blundo

stressed it was the State Department of Agriculture that set that five mile boundary, not the County.

Commissioner Koenig

said the Town of Amargosa was the one that approved by a very slim margin the outdoor grow. The County would not approve outdoor grow unless the town approved it and at this point they were grandfathered, which the District Attorney agreed with. Working with the redlined draft! the first change Commissioner Blundo recommended was on page 4. He would like paragraph 6 to read, “Transferability of special use permit. Any SUP approved by the Board shall be specific to the marijuana establishment business owner as specified on the permit. Any change in ownership of the marijuana establishment that was approved through the process as defined in 5.32 would deem that SUP to be administratively transferable to the new marijuana establishment business owner that was approved. The SUP would be valid for the same terms as the original SUP and subject to the same terms, which include the same use at the same location.”

Commissioner Strickland

said she had trouble supporting the SUP staying with the property as people like to put in for a change if the property was marketable. In this particular industry the Commissioners should know who the players were that would get the SUP. She could not support that particular change. July 16, 2019 19. 10:00 For Possible Action Public Hearing, discussion and deliberation to: 1) Adopt, amend and adopt, or reject Nye County Bill No. 2019-11-Cont’d.

Commissioner Wichman

said she could see where that could cause problems with transferring when someone was trying to get the licensing stuff done together. She also understood the need for a limit, but she felt it was a Catch 22 because the property could not be sold until the license changed and the license could not change until the property was sold.

Commissioner Blundo

suggested getting rid of the language entirely so there would be no need to issue an SUP.

Commissioner Wichman

said she would rather see a time limit of 45 days after the sale, to which everyone agreed.

Commissioner Blundo’s

other recommended change was on page 7, paragraph 8. He wanted to get rid of the blue additions so that industry was not affected and they could continue to tackle the State.

Commissioner Blundo

made a motion to amend and adopt with the changes discussed; seconded by Commissioner Wichman; 5 yeas.

Commissioner Strickland

set the effective date as August 5, 2019. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Blundo

assumed the Chair of the Board of Highway Commissioners. 20. General road report by Public Works Director. Public Works Director Tim DahI advised the crews continued to work on the weeds and the durapatcher had moved one step closer as he signed a requisition for it yesterday.

Commissioner Cox

mentioned a bad spot on Qakridge and Deerskin right in the center of the intersection. It looked like asphalt had been dumped there. Also, there was a really bad zigzag on Blagg between Comstock and Calvada and she asked if that would be cleaned up.

Mr. DahI

explained it was relatively standard to have an edge that varied on the side, but it would be cleaned up with the striping.

Commissioner Koenig

said he noticed on Pahrump Valley Boulevard right before Honeysuckle there was a pile of stuff dumped in the field.

Mr. DahI

said he would mention that to the contractor. July 16, 2019 20. General road report by Public Works Director-Cont’d.

Commissioner Wichman

asked Mr. Dahl to do what he could about Senita Courts and the Belmont Road.

Mr. DahI

said those were wheels in motion. They were trying to maximize the weather up north to durapatch everywhere, but those were on his list.

Commissioner Wichman

mentioned that summer would be over in six to eight weeks. Commissioner B!undo also spoke of Pahrump Valley Boulevard and the speed limit. He was told there was a complaint from someone who knew someone in Public Works who arbitrarily changed the speed limit there. He would like to change the speed limit to what it should be. He asked if a little bit of time could be dedicated to get Pahrump Valley Boulevard cleaned up to have smooth traffic.

Mr. DahI

said he would verify and bring it back for Commissioner Blundo.

Commissioner Koenig

also mentioned the 35 mph speed limit approaching the stop sign at Mesquite when it was 45 mph everywhere else.

Mr. Dahl

explained the 35 mph speed limit was to reduce the speed coming to the stop sign and was a condition of approval of the stops signs.

Commissioner Cox

supported Commissioner Koenigs thoughts on the speed limits. She referred to the flashing signs which said when children were present. She felt people did not read those signs and said there were no children present anyway. She felt the signs should be removed. Commissioner Cox remembered an understanding in the past when gravel roads were 25 mph and all other roads were 45 mph unless otherwise posted.

Mr. Dahi

said if he coud get the Sheriffs and consultants support he would do that.

Commissioner Cox

would like to have an agenda item to set the speed limits as they originally were. Dave Stevens thought the speed limit signs were nothing but speed traps. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Strickland

assumed the Chair of the Licensing and Liquor Board. July 16, 2019 LIQUOR 21. For Possible Action Discussion and deliberation to extend the Temporary Retail Liquor License issued to CourseCo, LLC, sole member of Pahrump Golf, LLC for the Lakeview Golf Course located at 1471 E. Mt Charleston Dr., Pahrump, NV. William Peers Manager/Applicant, John Telischak and Thomas lsaak Owners/Applicants.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Wichman

said she realized Samantha Tackett was having a hard time getting the pieces togethei to get this done. People out in the real world called this the County swirly. Commissioner Wichman asked Ms. Tackett to find where the bottom was and top it off.

Ms. Tackett

stated the County was not the cause of the swirly. One of the applicant’s fingerprint cards were returned to the Sheriffs Office due to lack of information. That had been sent back and she was just waiting on the final results from the State. The State had the information since January or February and she thought that it being an actual fingerprint card might have slowed the process down a little bit. Detective Chris Sehnert added this had happened in the past with those types of fingerprint cards, but he would find out where it was and make sure it got done in a timely manner.

Commissioner Blundo

amended his motion to approve for 60 days; Commissioner Wichman amended her second; 5 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. July 16, 2019 CLERK

Commissioner Wichman

commented that this was a piece of paper that told Nye County to notify Nye County of code violations by Nye County. Bradley Richardson said the County owned it and the County would be subject to any abatement and nuisance rules. He suggested directing staff.

Commissioner Wichman

asked if the cost of the abatement could be attached to the property so if it was sold at a tax sale that could be recouped.

Commissioner Cox

wondered if the people who owned the cars had to be notified or if they had to be checked to see if they had been stolen. Mark Gancarz from Code Enforcement advised the actual complaint happened to be on the Nye County Treasurer’s trust property. There were four or five other proper ties around it with debris left over from an encampment. His suggestion was to have the two vehicles removed and maybe a small roll off dumpster brought out with a crew of two or three people to clean up the County property and what little could be done on the surrounding property.

Commissioner Koenig

asked Mr. Gancarz to do whatever needed to be done to clean it up. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHR UMP 22. Committee Reports

Commissioner Strickland

said at the July 9, 2019. meeting of the Pahrunip Public Lands Advisory Committee (PLAC) the BLM interim director updated the board on the meeting held with Mary Ellen Siampaoli regarding the RMP and focus management plans and how the FMP could not be submitted until the new director was hired. The interim director was also working on amendments for the gravel pit on Higley Road to add the July 16, 2019 22. Committee Reports-Cont’d. usage of an eastside trailhead. As to a shooting range at Bell Vista, both the interim director and the realty speciaUst of BLM stated the PLAC could outright purchase necessary land from BLM and would not have to complete lead clean-up prior to purchase. Lastly, Commissioner Strickland advised the next BLM clean-up was slated for September 28, 2019, and BLM asked the PLAC board if they would be interested in volunteering for a clean-up of pitfall traps in Nye County and PLAC would be working with BLM on that.

Commissioner Wichman

cautioned when trying to buy land from the BLM outright it was appraised by a federal appraiser at the highest and best use of that piece of property. 24. For Possible Action Discussion and deliberation regarding Debt Management Policy Statements for the Town of Pahrump for Fiscal Year 2019- 2020 pursuant to NRS 350.013.

Commissioner Wichrnan

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. 25. For Possible Action Discussion and deliberation to appoint two members to the Pahrump Nuclear Waste and Environmental Advisory Committee due to one expired term and one vacancy.

Commissioner Blundo

made a motion to appoint Michael Smith and Debra Turner; seconded by Commissioner Wichman; 5 yeas. 26. For Possible Action Discussion and deliberation to appoint Robert Adams as an Off-Highway Vehicle (OHV) Ambassador to the Town of Pahrump Tourism Department.

Commissioner Blundo

made a motion to appoint Robert Adams as an OHV ambassador to the Town of Pahrump Tourism Department for him to work on getting access to public lands as an ambassador, the best way to keep the public lands open was to make it an economic asset, adding point to point adventure trails, providing more riding opportunities for locals and attracting visitors, making trails greater economic assets, and as a volunteer staff member he would be in an excellent position to work with professional staff applying for grants to develop the trail system; seconded by

Commissioner Blundo

said he had a problem with way the item was presented. The back-up was a generic tourism volunteer ambassador, but as an OHV ambassador that was what Mr. Adams was to focus on. The generic tourism volunteer ambassador would be able to set up a booth at the Fall Festival and Commissioner Blundo did not want Mr. Adams to do that. July 16, 2019 26. For Possible Action Discussion and deliberation to appoint Robert Adams as an Off-Highway Vehicle (0KV) Ambassador to the Town of Pahrump Tourism Department-Cont’d. Ammie Nelson said she supported appointing Robert Adams, bUt she mentio ned OHVs being used in certain areas in town that created tremendous dust problems and hoped that would be addressed in some of the things he would be doing. Robert Adams said Nye County Code Section 10.10 provided for use of an OHVto go to or from public lands so what Ms. Nelson brought up was illegal and someth ing that needed to be worked on.

Commissioner Wichman

made a motion to approve; seconded by Commissione r Blundo; 5 yeas. 28. For Possible Action — Presentation regarding the Southside Trailhead project Jim Hannah presented a slide show update of the Southside Trailhead. He explain ed it was set up not just for equestrian use but also OHVs. This was the first year the local Pony Express ride had an OHV component and it worked quite well. Mr. Hanna h thanked everyone who contributed. He advised they were starting to look at anothe r project on the fan on North Basin on the way out of town and hoped that this was lust the first of many trailheads to come. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN S OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY 29. For Possible Action Discussion and deliberation regarding Debt Management Policy Statements for the Town of Beatty for Fiscal Year 2019-2 020 pursuant to NRS 350.013.

Commissioner Wichman

made a motion to approve; seconded by Commissione r Blundo; 5 yeas. July 16, 2019 GABBS 30. For Possible Action Discussion and deliberation regarding Debt Management Policy Statements for the Town of Gabbs for Fiscal Year 2019-2020 pursuant to NRS 350.013.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. MAN HATTAN 31. For Possible Action Discussion and deliberation regarding Debt Management Policy Statements for the Town of Manhattan for Fiscal Year 2019- 2020 pursuant to NRS 350.013.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Blundo; 5 yeas. AS THE BOARD OF TRUSTEES FOR THE PAHRUMP POOL DISTRICT 32. For Possible Action Discussion and deliberation regarding Debt Management Policy Statements for the Pahrump Pool District for Fiscal Year 2019-2020 pursuant to NRS 350.013.

Commissioner Wichrnan

made a motion to approve; seconded by Commissioner Blundo; 5 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. 33. For Possible Action — Approval of Elected Official Collection Report.

Commissioner Wichman

made a motion to approve items 33-35; seconded by

Commissioner Blundo

; 5 yeas. 34. For Possible Action Approval to set the date and location for the second Board of Commissioners meeting in October for Tuesday, October 15, 2019 in Pahrump, Nevada.

Commissioner Wichman

made a motion to approve items 33-35; seconded by

Commissioner Blundo

; 5 yeas. July 16, 2019 35. For Possible Action Approval to: 1) Accept the 2019 Services-Training- Officers-Prosecutors (STOP) Grant; a Sub-Grant from the Nevada Office of the Attorney General 2019 Violence Against Women Act Formula Grant Award in the amount of $86,936.00. with a $28,978.67 match amount of monetary value of time contributed by DA Investigators and a DA Executive Legal Secretary; 2) Execute the Grant Award Documents; and 3) Fund $86,936.00 from 10340 Grant Fund and the $28,978.67 match amount from 10101 General Fund.

Commissioner Wichman

made a motion to approve items 33-35; seconded by

Commissioner Blundo

; 5 yeas. BOARD OF COMMISSIONERS 36. 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. 37. 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. 38. 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. FINANCE

Commissioner Strickland

questioned the percentage received for personal property tax and assessed property tax showing as zero.

Mrs. Rucker

said that was a formula error, but the percentage at the bottom was correct. As to the department summaries, there were no departments shown that would end the year over budget, but there were multiple weeks where accounts payable could be posted in FY19. She was also watching the Sheriff’s Office as they were pretty close with the expenditures.

Commissioner Wichman

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

Commissioner Wichman

made a motion to award the bid to Amerigas, execute the contract and fund from the respective departments; seconded by Commissioner Strickland.

Commissioner Cox

did not recall seeing this before and asked if it was standard practice for them to break it down as she could not tell by the break down what the cost per gallon was. Honey Strozzi from Finance said only one bid was received this time. It was possible to have gone out to bid like the State did and ask for one lump sum or a not to exceed amount, but Mrs. Strozzi explained this was how the bid was processed last time which she copied. It would also be hard to determine what was being received each time the County was charged because the laid in cost included the price per gallon plus the transportation fees which depended on where the fuel came from and then a .55 cent margin on top of that.

Commissioner Wichman

asked who held the contract prior to this, to which Mrs. Strozzi responded Suburban Propane. July 16, 2019 42. For Possible Action Discussion and deliberation to: 1) Award Bid 2019-10 Furnishing and Delivery of Liquid Petroleum Gas (Propane) to Town and County Facilities and Service of Affiliated Equipment to Amerigas Propane, L.P. with a Laid in Cost plus $.55 per gallon, $125.00 per hour for service and a $59.00 travel rate per trip; 2) Execute the contract; and 3) Fund from the departments respective funds/budgets-Cont’d.

Commissioner Strickland

asked how the prior contract lined up with this one.

Mrs. Strozzi

said there were three proposals previously and the lowest cost was a .19 cent margin from Suburban Propane, however, she prepared the costs of what they were charging now, which in some places was $1.76 per gallon and others $242. She thought it all depended on where they were receiving their fuel from.

Commissioner Cox

was still concerned with not knowing exactly how much per gallon the County was paying.

Commissioner Wichman

asked if the bill showed the cost per gallon.

Mrs. Strozzi

said yes and she could monitor that. She added the term of this contract was three years.

Commissioner Wichrnan

asked Mrs. Strozzi to watch it to see what could be done next time and said her motion stood. Bradley Richardson said paragraph 29 of the contract provided for termination for convenience that ran solely to the County, so it could be terminated with 30 days written notice. Pat Minshall, Amargosa Town Board member, said they got their propane from Suburban and believed it was $1.55 per gallon. They were not paying $1 25.00 for what would be considered delivery time.

Commissioner Koenig

said the $125.00 per hour would only come into play if something was broken and the travel was per trip.

Commissioner Wichman

made a motion to award the bid to Petroleum Systems and Maintenance, Inc., execute the contract and fund $390,000.00 from 10340, Grants, and $6,110.00 from 10402, Capital; seconded by Commissioner Blundo. Ammie Nelson said she noticed the pre-bid meeting was held on June 5, 2019, and the bid was closed June 12, 2019. The hid was received at 1:30 p.m. on June 12, 2019. While she realized the difference in the two bids was minor, one of the bidders did not send back an acknowledgement, which was the only difference between the lower bid and the higher bid accepted.

Commissioner Wichman

explained that without the acknowledgment they were considered a non-responsive bid.

Commissioner Wichman

made a motion to rescind the award to Aramark Correctional Services; seconded by Commissioner Strickland.

Commissioner Blundo

said he would have liked to have heard from the Sheriff’s Office because this was definitively a part of the ICE agreement and now the contract was being rescinded. Savannah Rucker explained the problem with the bid package was when it first went out it did not include Tonopah and there was no way to legally deal with that. The bid would go back out for both locations and would be awarded to one vendor to serve both locations. Dwight Lilly said he remembered the item approving the ICE program to bring in ICE detainees. He wondered if the cart was put before the horse because the cost of the food program was unknown. He did not believe the County knew at this point whether the information Sheriff Wehrly gave was accurate in her estimations of breaking even or losing money on this program.

Commissioner Blundo

asked for an estimated time on the bid. July 16, 2019 44. For Possible Action Discussion and deliberation regarding Bid Award 2019- 03 Jail Food Services-Cont’d. Honey Strozzi advised the bid opening was tomorrow at 8:00 am. and she had received two bids so far, HUMAN RESOURCES

Commissioner Blundo

made a motion to reclassify the Nye County bailiffs to the Juvenile Probation pay scale to align the internal and external equity with the pay for the duties as performed and POST certification required; seconded by Commissioner Wichman.

Commissioner Blundo

commented that when this item was first heard it was only $8,000.00 and now it turned into $56,000.00. He asked staff to be a little more careful during the next budget cycle.

Commissioner Strickland

pointed out how the impact fees for roads and parks would not be received for the remaining build out totaling $3642 million. Roads only lasted 20 years and the County just put a road in on Manse for Mr. Taney in 2004 which would not meet the needs moving fon’ard. She would like to see Mr. Taney come back to the table and think about how they could help the community maintain the roads in his facilities. July 16, 2019 46. For Possible Action Discussion and deliberation on TM-2019-000017: A Tentative Subdivision Map (Residential) application containing 52 residential lots and no Common Element lots on approximately 13.93 acres gross, on property zoned Specific Plan (SP) and located within the Mountain Falls Master Planned Community, aka: Planning Area 3-3B. Assessor’s Parcel Numbers 046-161-28 and 046-161-32. WF Development, LLC Property Owner. Taney Engineering— Applicant. Ed Taney, appearing on behalf of the applicant, Jim Wulfenstein, said this was heard at the end of last month’s meeting and was tabled. He was hopeful that the clarification on the water sufficed. Unfortunately he did not understand the full complexity of the original water rights other than they were non-revocable water rights inherent to the farming activities and went up the chain of title to William Lyon Homes. They would be transferred to Great Basin upon recording of the final map and then on to the individual property owners purchasing the lots. Mr. Taney felt the master developer had taken very good means to be water wise. As far as the density, they had a total of 99 lots, exactly how it was tentatively mapped and it was final mapped for 47 lots in 2006. The reason they did not map and proceed with all 99 lots was due to the fact that the wastewater treatment plant was not on line. All they were doing was moving forward with the exact tentative map, lot dimension and count as it was in 2006. Mr. Taney asked the Board to concur with staff recommendation on the approval. He had also discussed with the fire department that if there was a need for a secondary access he would do a traffic study. He did not see a need for a secondary access, but for emergency response they would put an emergency access on one of the secondary streets.

Commissioner Strickland

made a motion to approve TM-2019-000017 subject to the conditions outlined in the conditions of approval section of the report after having made the findings outlined in the staff report; seconded by Commissioner Wichman. Dwight Lilly, speaking on behalf of the private well owners’ cooperative, noted they had 153 more lots to go and he did not know how many more people that would be or how many more straws in the aquifer. He hoped this would be denied and there would be a way the County could meet with the attorneys to work on larger lots to reduce the number of houses being built as he thought that would be the best way to move forward for the County and in the best interest of the Town of Pahrump. John Bosta reminded the Board of the Tischner report. Every house developed was a S600.00 to $900.00 deficit every year to the County. The 52 houses for this project totaled a deficit of $31,200.00 to $46,800.00 per year the County would have to make up. Ammie Nelson said she remembered a meeting to approve 580 homes and Tim Carlo was asked at that time if there would be a difference in how much money it would cost for improvements to the roads, sidewalks, lights, etc., ten years later and he said no. July 16, 2019 46. For Possible Action — Discussion and deliberation on TM-2019-000017-Cont’d. She suggested specific items be included in future agreements addressing roads and such.

Commissioner Koenig

said 500 acres of hemp would use more water than finishing Mountain Falls and they had permission for almost 1000 acres.

Commissioner Wichman

made a motion to approve TM-2019-000018 subject to the conditions outlined in the conditions of approval section in this report after having made the findings outlined in the staff report; seconded by Commissioner Strickland. Dwight Lilly said since the development agreement was being redone this may be an open door to work on the water situation.

Commissioner Wichman

explained the development agreement was not being redone and had been in place for many years.

Commissioner Wichman

said she would like to see something from the Hospit al District stating they had looked at the maintenance and operation, property insurance and inventory and agreed because it came out to a cost of $100,000.00 a year. Russell Pillars stated the District was aware that it would be upwards of at least S120,000.O0 a year for the maintenance cost and was willing to pay anything on top of that to take the next step. Commissioner \Nichman pointed out there was nothing in the back-up that indicat ed the Hospital District Board had voted on that.

Mr. Pillars

explained the forward strategy document was the first effort to indicate the District was willing to do whatever was necessary to receive the hospital and take the next steps to determine its ultimate disposition. He said if the Commissioners needed a vote and/or a formal document they could do that.

Commissioner Wichman

asked if it was possible to make a motion to follow throug h with this and turn it over to them contingent upon those questions being answered to Lorina Dellinger.

Mrs. Dellinger

said yes. She explained there were two actions to take should the Board give direction to proceed with the transfer. A resolution and deed would need to be brought back, but the County also had a lease with Renown for the property so an assignment agreement was needed to assign that lease to the Hospital Distric t. She said the Hospital District would need to consider that and approve it as well as confirming at the request of the Board that they were taking the whole maintenance responsibility for the project.

Commissioner Wichman

made a motion that staff bring back a resolution, a deed ready to do the transfer, a resolution of what would happen with the Renown lease, and a resolution on whether or not the Hospital Board had fully accepted the responsibility of the maintenance; seconded by Commissioner Blundo; 5 yeas.

Mr. Pillars

commented that health care was looking up in Tonopah. July 16, 2019 PLANNING/BUILDING/CODE COMPLIANCE 57. For Possible Action Discussion and deliberation on RM-2019-000052: A request to approve the annual renewal of a Recreational Marijuana Establishment License (cultivation) located at 1261 E. CaNada Boulevard, Pahrump, NV. Assessor’s Parcel Number 040-041 -40. Howard N. Misle / ACC Enterprises, LLC — Applicant.

Commissioner Blundo

made a motion to conditionally approve for 60 days given their issues with compliance.

Commissioner Blundo

explained one of the compliance issues was they were not current on their monthly payments, but Mr. Misle told him they were. He also wanted on the record that when cultivators submit they need to submit separate forms for each type of activity. Additionally, he was told the extension cords issue had been addressed and the air conditioning issue was being worked on.

Commissioner Wichman

seconded the motion to conditionally approve for 60 days given their issues with compliance.

Commissioner Wichman

asked the applicant to start paying attention to the code compliance issues. Antonio Cuido said he would be in control of that and there had been a change up in management. As far as code compliance, he said they were resolving all of those and it was just a matter of getting the right people in to do the job correctly.

Commissioner Blundo

made a motion to rescind the decision of the zoning administrator; seconded by Commissioner Wichman. July 16, 2019 48. For Possible Action — Discussion and deliberation regarding AP-2019-000020- Cont’d. Commis&oner Blundo stated the Countys decision should be reversed as it had become common practice to accept late applications. This particular applicant had previously turned in an extension of time application late, which was processed at that time. The County was not honest with the RPC when a planning commissioner asked if the Planning Department had given the applicant conflicting information. The County stated there was an instance where the applicant was given the wrong information in a face to face meeting. There were several e-mails sent to the applicant that included information that was incorrect from the County and at least one that Commissioner Blundo knew of directly from the County that the applicant did not turn in his appeal paperwork on time and it was too late for him to appeal the decision. That information was obviously incorrect. For the record Commissioner Blundo stated he was in an initial meeting with Mr. Sibley, Steve Osborne and Brett Waggoner. Mr. Sibley was told to apply for an extension of time and when he did the form had mysteriously changed.

Commissioner Blundo

felt the County had a commitment and had been the road block for this project.

Commissioner Koenig

asked about the block wall. Scott Sibley said they had completed the block wall on Hafen Ranch Road and Thousandaire a third of the way, and that was the issue with the Planning Department. They reviewed the original motion for approval where there was discussion of a block wall, but the motion did not include the block wall. He felt this was selective enforcement as there were numerous applications that were accepted late, but he did apologize for not being timely in the filing.

Commissioner Koenig

asked if the zoning there now was suitable to do marijuana. Planning Director Brett Waggoner said no, not according to the final action memorandum and the motion made when the zone change was approved the last time. The zone change expired in six months if they were not in operation; therefore, it had technically reverted back to the original zoning.

Commissioner Strickland

thought this should be repealed and then he could get his ducks in order.

Commissioner Blundo

asked Mr. Sibley if he still had the State licenses in order.

Mr. Sibley

said yes, and that was another issue with getting the license, They had a temporary certificate of occupancy last year and on January 10, 2019, the State gave them their final license and just renewed the license, which was good until June 30, 2020. The only issues were resolving the zoning and special use permit. July 16, 2019 48. For Possible Action — Discussion and deliberation regarding AP-2019-000020- Cont’d. Bradley Richardson informed the Board the options were to affirm, reverse or modify the decision of the RPC, not rescind or repeal.

Commissioner Bkndo

amended his motion to reverse the decision of the RPC;

Commissioner Wichman

amended her second; 5 yeas. 49. For Possible Action: 49a. For Possible Action Discussion and deliberation on RM-2019-000044: A request to approve the annual renewal of a Recreational Marijuana Establishment License (retail store) located at 1541 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Number 038-241 -23. TGIG, LLC dba The Grove Wellness Center — Applicant. Amanda N. Connor, Esg. Agent.— 49b. For Possible Action Discussion and deliberation on RM-2019-000045: A request to approve the annual renewal of a Recreational Marijuana Establishment License (distributor) located at 1541 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Number 038-241 -23. TGIG, LLC dba The Grove Wellness Center — Applicant. Amanda N. Connor, Esq. Agent.— 49c. For Possible Action —Discussion and deliberation on MM-2019-000070: A request to approve the annual renewal of a Medical Marijuana Establishment License (dispensary) located at 1541 E. Basin Avenue, Pahrump, NV. Assessor’s Parcel Number 038-241-23. TGIG, LLC dba The Grove Wellness Center— Applicant. Amanda N. Connor, Esg. Aqent.—

Commissioner Blundo

made a motion to approve items 49a, 49b and 49c; seconded by

Commissioner Strickland

. John Bosta questioned 49c to issue a medical marijuana license when a previous item eliminated medical marijuana from Title 8.

Commissioner Wichman

explained that bill was effective August 5, 2019, but the renewals had to be handled now. Amanda Connor, appearing on behalf of applicant, acknowledged the Code changes in August and asked that their renewals be addressed now.

Commissioner Blundo

made a motion to approve items 50a and 50b; seconded by

Commissioner Wichman

. John Bosta again questioned issuing a medical marijuana license because Acres was no longer producing medical marijuana and they were getting their license a few days before the deadline. He also asked when the last time was they paid taxes for growing medical marijuana as the community understood they were only growing recreational marijuana Pat Minshall stated they had been paying all along and had been a good neighbor. Also, one of the things they said they would do was hire as many people in Amargosa as they could and they had done that. They paid a good wage for the area and provided benefits after three months.

Commissioner Blundo

made a motion to approve items 51a and 51b; seconded by

Commissioner Wichman

; 5 yeas. 52. For Possible Action: 52a. For Possible Action Discussion and deliberation on MM-2019-000074: A request to approve the annual renewal of a Medical Marijuana Establishment License (cultivation) located at 340 E. Mesquite Avenue, Pahrump, NV. Assessor’s Parcel Number 029-601-28. Janet L. Jensen Property Owner. NCMM, LLC Applicant. Valarie Small Agent. 52b. For Possible Action Discussion and deliberation on MM-2019-000075: A request to approve the annual renewal of a Medical Marijuana Establishment License (production) located at 340 E. Mesquite Avenue, Pahrump, NV. Assessor’s Parcel Number 029-601-28. Janet L. Jensen Property Owner. NCMM, LLC Applicant. Valarie Small Agent.

Commissioner Blundo

made a motion to conditionally approve for 60 days given some of the items noted in the back-up: seconded by Commissioner Strickland.

Commissioner Wichman

commented they were not current with their payments. Valerie Small advised she took care of the taxes just recently and had thought they were taken care of by one of the employees. She said that would no longer happen and one of the managing members or one of the owners would make the payments. Ms. Small also confirmed for Commissioner Koenig they were actually growing.

Commissioner Blundo

made a motion to conditionafly approve items 53a, 53b and 53c for 60 days due to items in the code compliance section of the back-up; second ed by

Commissioner Wichman

. Mike Floyd said he had looked at the code compliance issues and there was perman ent power in the grow rooms. They were just using an extension cord off the wall plug to run some fans. He advised all fans were being replaced this afternoon. There was also something blocking the electrical panels, which took 30 seconds to move, as well as the LED light. Mr. Floyd stated those rooms were open probably five times a day so they could not have been hanging there the whole time. He disagreed with coming back in 60 days just to fix those items.

Commissioner Koenig

asked if the motion could be to approve conditioned upon him proving to Code Compliance that all of the items had been fixed by the end of the week. Bradley Richardson said that could be done, but it needed to be specific.

Commissioner Blundo

asked if Mr. Floyd was aware of any of the issues being rectifie d.

Mr. Floyd

said it took two minutes to pull out extension cords and he knew he was in compliance there because they were notified about it.

Commissioner Blundo

amended his motion to approve for the year; Commissione r Wichman amended her second; 5 yeas. July 16, 2019 54. For Possible Action: 54a. For Possible Action Discussion and deliberation on MM-2019-000077: A request to approve the annual renewal of a Medical Marijuana Establishment License (cultivation) located at 101 Airport Road, Beatty, NV. Assessor’s Parcel Numbers 018-371 -16 and 018-371-17. MM Development Company, LLC I Robert A. Groesbeck Applicant. 54b. For Possible Action Discussion and deliberation on MM-2019-000078: A request to approve the annual renewal of a Medical Mariluana Establishment License (production) located at 101 Airport Road, Beatty, NV. Assessor’s Parcel Numbers 018-371-16 and 018-371-17. MM Development Company, LLC I Robert A. Groesbeck Applicant. 54c. For Possible Action Discussion and deliberation on RM-2019-000049: A request to approve the annual renewal of a Recreational Marijuana Establishment License (cultivation) located at 101 Airport Road, Beatty, NV. Assessor’s Parcel Numbers 018-371-16 and 018-371-17. MM Development Company, LLC I Robert A. Groesbeck Applicant.

Commissioner Blundo

made a motion to approve items 54a, 54b and 54c; seconded by

Commissioner Wichman

; 5 yeas. 55. For Possible Action Discussion and deliberation on RM-2019-000050: A request to approve the annual renewal of a Recreational Marijuana Establishment License (cultivation) located at 1340 W. Hiqhway 372, Pahrump, NV. Assessor’s Parcel Number 036-381-02. Evelyn Tooley, Trustee, Tooley Family Trust— Property Owner. GWGA, LLC I Sandra Tiffany Applicant.

Commissioner Blundo

made a motion to approve; seconded by Commissioner Wichman.

Commissioner Blundo

asked if the one minor code compliance issue had been rectified. Sandra Tiffany said she was present when they came in and they had the extension cords and things in the hallway. They also did not know she had paid May’s taxes. Ms. Tiffany sent them pictures of the hallway showing the extension cords were replaced. She explained the reason everyone got caught with the extension cords was because the building code changed. Also, she advised when someone was a licensed cultivator through the State and County they were not required to have a medical marijuana license because they grew agnostically. The products were not defined as medical until they got to a dispensary.

Commissioner Biundo

made a motion to conditionally approve items 56a and 56b for 30 days as there was no one present and he would like to hear from the applicant as to the code compliance issues: seconded by Commissioner Wichman; 5 yeas. PUBLIC WORKS 59. For Possible Action Discussion and deliberation to consider entering into a Cooperative Agreement with the State of Nevada, acting through its Department of Transportation (NDOT) to define each party’s responsibilities concerning the maintenance and operation of rectangular rapid flashing beacon systems at the intersection of Postal Drive and at the intersection of East Calvada Boulevard.

Commissioner Wichman

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

Commissioner Cox

mentioned the landscaping issue for the Eye and the courthouse and asked if a beautification committee had been started.

Mr. Sutton

said he had directed Mark Schwinkendorf to reach out to her personally and asked if that happened.

Commissioner Cox

said no and last time he did contact her he said he did not have enough manpower so she was thinking of hiring a landscaper. _____ _____ July 16, 2019

Mr. Sutton

said he would set up a meeting with Commissioner Cox, Mr. Schwinkendorf and himself.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of_______________________ 2019. J((C ct’fluz, Ny Cointy Clerk / Deputy _____ 41?j Marquis Aurbach CoWing FILED -_________ Nick D. Crosby, Esq. 7 Nevada Bar No. 8996 June 11,2019 10001 Park Run Drive 3 Las Vegas, Nevada 89145 State of Nevada Telephone: (702) 382-07] 1 E.M.R.B. 4 Facsinile: (702)382-5816 3:55 p.m nerosbymaclaw.eom Attorneys for Respondent, Nye County 6 7 LOCAL GOVERNMENT RELATIONS BOARD 8 STATE OF NEVADA 9 NYF (XII JNTY MANAGEMENT EMPLOYEES ASSOCIATION, and RONNI 10 BOSKOVICH, Case No.: 2019-007 II Complainants, 12 vs. 13 NTh COUNTY, 14 Respondent. 15 16 j RESPONDENT’S PRE-HEARINO STATEMENT 17 Respondent Nyc County, (hereinafter “Couitty”), by and through its attorneys of record, 18 Nick D. Crosby, Esq., of the law finn of Marquis Aurbach Coffing, hereby submits its Pie- 19 Hearing Statement pursuant to NAC 288.250. 20 MEMORANDUM OF POINTS AND AUTHORITIES 21 I. TSSUES OF FACT AND LAW TO BE I)ECIDET) 7.) Whether the County willfully, deliberately and egregiously engaged in bad faith 23 bargaining and/or refused to bargain in good faith in violation of Nevada Revised Statute 24 288.270(l)(a) and (e). 25 2. Whether the County violated Nevada Revised Statute 288.270(a), (c) or (d) when 26 it temunaed Complainant Boskovieh’s employment. 27 3. Whether the County was required, as a matter of Nevada law, to bargain with 28 NCMEA regarding discipline and discharge prior to terminatthg Complainant Boskovich. Page 1 of 12 ATTACHMENT 1 I Sr;’lF:1FNI’ OF FACTS 2 A. Ti! E PAlm ES. 3 1 he County is a local government employer as delnied in Nevada Revised Statute 4 288.060. The Nyc County \ l2nagemeni Employees Association (“NUM I -\ ‘) is an employee 5 organiiation. us defined in N ada Revised Stiitute 2X8.040. At the times relevant to this matter. 6 (‘omplainant Roitni Bosko; ich t”BoskoichTh Was a local government eii,nloee. purstant to 7 Nevada Revised Statute 288.05u. S I osHvich was employed In the Cuunt as a Deputy District Attorney (DI )A”) at the 9 time of her ter inati ui. She started her employment with the County as a part—li me law clerk in ID September 2017 and. upoa passing the Nevada State Bar. Boskovich was emploted as a DDA. I I Pursuant to ler oiler of emvlovmen: tom the County. her losi (ion was “(njon-I rjepresemed’ 12 and Boskovich was advised her elupiuvineilt was “at—will.” which nieant “[she] may be I3 terminated at any time. \vilfl or ;vithout cause and without the right of appeal.” l3oskovich I4 accepted the terus of emplo’. ment on September 7, 201 7, as evidenced by lieu signature the 15 oft1r of employment. l3oskovich was assigned to handle civil duties from October 9. 2017 until 16 she was assigned to criminal ditties on Jantian’ 7. 2019. 17 B. NUNJEA’S PRIOR LAWSUIT. 18 NUMEA is 1)arty to a (‘ol lective Bargaining Agreement (“CI3A”) with the C’ountv I9 wInch covers various supervisory ciassi tications s’ithi ti the Counts Boskovich was not a paTlv 20 to tile CIIA IRcI her Job CLiSSii!eltIOfl ‘ads no! a recoLulized classilcation within that bareaininu 21 unit. Cit Anril 2.2018. NCNIL\ tiled a comnlaint with the E\1R13. Case No. 2018—012. seeking 22 LteeietioTi 11th) the NC Ni FA for all 1)DA s assigned to handle criminal cases of the Nyc County 23 District Attorney s 001cc. In that complaint. NUN lEA argued the L)DAs assigned to handle 24 criminal cases shared a sutticient conununity ol interest with the classifications recognized by 25 the County and NUNIFA in that barc:iininu unit/CIJA. As such. NC\IEA requested the Board: 26 (I) find that the I)1)As share a community ot niteresi with the other btrgiiiiina eligible 27 supervisors employed by Ithe Counn j:’’ and (2) order the 1)1 )As ‘‘be aceretcd into the NUN I E:\ 28 bargaining unit( I’ Pace 2 of 12 MAc 555X002 3757n2 (/ftL2:,19 2 5’ PM q I On April 9-1(3. 2019. the Board heard NCNIEA’s complaint 11w accretion. Boskovi’ 2 testitied on the first day of the hearing. Boskovich’s testimony wns. Ibr all rd vant matters, the 3 same as the other Dl)As who testitied in the hearing. Specilical lv. l3oskovich testi lied she 4 wanted to he aecreted into the N(’MK\ bargaining unit. hut admitted that she was hired on alt at- 5 wilL basis, t[icl ilot work with other classiltealtonc iii the \(‘MNA USA on it consistent has is, nor ñ work side by side or have frequent and dircc interactIon with those classificitUons. I3oskttvich 7 also tesli lied, like the other l)l)i\ s did, that she did not share any roles with the rccogni,ed s elas.silications nor did she work totetltcr with the r ogniyd to Ilillill a joint obligation to the Count\ IC I pun submission of post—hearing written briefs to the Board. the Board delibet-ated on II Nlav 20, 21)19. Although a written decision has tiot been flied with the LsIRR. it is the (‘ountv’s 12 understanding the l3oard concluded the I)DAs did ri’I share a comniunilv ui interest with the 13 NUMEA bargaining urn:. 14 C. BOSKO VIGIl’S ‘l’KRMJNATION. 15 On April 22. 2019. Koskovich was informed by District Attorney Chids Arabia f I6 (‘Arabia’) that her employment with the County was terminated. On or about May 22, 201 9, per I? the request of Boskinichi. the County provided hioskoieIt with a letter outlining a substantial IX part of the primarY reasons tnr her [ci-titimitiori, lii the letter. Arabia outlined several issues of 11) eoncem’iniseotiduct the County deterini ned occurred. ‘I hese isues i n;olved Boskovich’s thilure 20 to recognize I he legal s 1gm iieance ol no i—compliance with in arij uana regu I atitills and proeed ores 21 in the Ne County Code, misleading the \vc County Hoard of (‘ounty tuinmissiOners (“BoLt 22 and proposing to obscure violations of an ordinance by eliminating a section of’ the ordinance iii 23 question and concealing the same from the District Attorney and four members of (he BoCQ.. 24 Further, the letter noted Boskovich disclosed the existence and substance of sensitive, legally ‘I 25 significant and confidential inlb’rmation related to marijuana reguhaiion. procedures, brothels 26 and contlicts of interest, which included disclosure to three people potentially involved in the 27 matter, as well as disclosure to at least two other people. Boskovich admitted to the disclosures 28 onApril3.2019. / Paae3oi’12 — MAC: 1555S4”2 57572112 hl(f2(’19 239 FM Iwrther. the County dnermined Boskovich recorded at least one meeting ‘ithout the 2 knowledge or consent of other DDAs in the meeting and in a March IS, 20)9 meeting, denied 3 having knowledge that her lither had been trying to enter the brothel business in Nyc County (a .1 heavily regulated business), when it was deteriinned E3osko ich had previously told other I)DAs 5 that her father was, in fact, trying to partiewate in that regulated business. Boskovich did 6 disclose this tact to the District Attorney or the Chief Civil Deputy District Attorney. s ho Was 7 her direct supervisor at the time. 1 he letter also stated that Boskovich thiled to dise]cse her on X and her family’s personal relationship with a brothel owner who wasa slate assembly nominee 4 w itit tour pendinu Iawsats against the County and during a i me when l3oskovich was the DDA ii responsible for regulating the brothels in the County. Based upon these titidings. it was I determinea that lloskovich demonstrated a lack of 6tness and st:itabi itv for the position by I2 d splaving poor judgment, improper circumvention of the District Attorney and her supervisor, 13 improper disclosure of confidential information and failure to lake action to disclose and/or 14 avoid conflicts of interest. Notabl v, nfl of the underivi rig misconduct outlined in the letter 15 occurred he/the l3oskovich testified iii the NCMEA accretion lawsuit. lö I). ‘Ii IF (‘(fliP! AINT. 7 Cii April 25, 2019, Complainants tiled their Compliant in the instant matter. In the S &_oiiiplamt. ( oinplaiuants annie the Cotint\ committed a prohibited practice by refusing to 19 approve a settlement agreement executed during the course of Case No. 201 S-UI 2. refusing to 20 I take action to neuntiate a separate Li rgztiiiirig agreement Ion the I)[):\sand failing to negotiate 21 ith NC\1E\ over the (ernhillatik’iI of l3okovich. relying on a 2016 case trom the satioiial 22 I ,ibor KLI lions Ho in jot ii Scuurit, Mait iLclIIullt!lhnoISh ll( 6 I \l RB no 106 (2016) 23 Further. (lie (uinplainants assert I3oskovichis termination violated Nevada Revised Statute 24 285.270(1 )(a). te) and (d). The County tiled its Answer denying the allegations that it violated 25 Nevada Revised SlattIte 288.010 ci seq. 26 II! ‘If -. Pasze4ofl2 / — MA(I555-()1375724l26l’’2I)i9239F’.i Ill. LEGAL ARGUMENT 2 A. TIlE COUNTY I)ID NOT \‘IOLATE NEVAI)A REVISED STATUTE 288.270 WHEN IT TF:RMINATEI) I3OSKOVICH. Complainants assert the Cotintv violated Nevada Revised Statute 288.270(l)(a). (C) and (d ) when it terminated Boskovich. The relevani provisions o that statute provide: D - 1. It is a prohibited practice for a local government employer or its O designated representative tvillfullv to: 7 (a) Interfere, restrain or coerce an’ employee in the exercise of any right auaranteed under this chapter. S I (c) Discriminate ir regard to hirinc. tenure or any tem or condition of 10 employment to encourage or discourage membership in anN’ employee organization. II (d) Discharge or otherwise discrininate against any employee because the 12 employee has signed or filed an affidavit, petition or complaint or given any information or testimony under this chapter. or because the employee has formed. 13 joincd or chosen to be represented by any employee organization. 14 Nev. Rev. Stat. 288.2701 1)1 a )j cj and (d). [he Complaint does not articulate any facts in support I5 of any yiolation and, instead, only states the “dismissal ot Boskovich] thirteen (13 days after — 16 she testified in ftn’or of unionization and the NCN II further violates [the slatutel.” (Counpl., p. 17 4 at ¶ 20). Nonetheless, it appears Complainants are asserting that Boskovich testifying bei&e I8 the Board in the NCM hA case prompted her termination — nothing could be further from the 10 truth. Indeed, the improper conduct of Boskovich which formed the basis for her termination 20 occurred ‘veil before she testified before the Board. Moreover, the testimony of Boskovich \‘as, 21 in nearly all aspects. no di librent than the testimony of the other DUAs who testified in the 22 proceeding. No other DDA was tenninated despite providing substantially similar testimony. 23 because no other DDA was found to have engaged iii improper conduct., there is simply 110 24 evicence to support Co;iiplainams assertion that l3oskovich’s termination violated Nevada 25 Revised Statute 288.270(1). 26 III 27 ff1 28 /71 Pare 5 of 12 .1AC:I555S-O’23’572$I 2&102LF192:39 151 Ii. iIIEIZK IS NO BASIS TO CONCLUDE A Pkojriniri;p PRACTICE WAS (‘OMN4lTFI:D IJYT lIE COUNTy. ( omplainants’ asscrtiou that the County committed a prohibited labor practice in 4 j violation of Nevada Revised Statute 2SX.270 I )ia and Ic) is ineritless. The statutes relied upon 5 1w Complainants state: 6 It i.s a nrohthited practice ha a loc:d govenunent employer or Its Llcsiuimated representative villliHLv to: (a) Ititeriere. resli-ain or coerce ally emptovee in the exercise ol any right I graitecd under tlis chapter. 0 I 1) (e) Retbse to bargain enl lectivclv in good Ihi (Ii with the exclusive tepresentative as required iii NRS 28S. I 51). Bargaining colleetivel includes the ii entire hargaininu process. including mediatita and fact—finding, rovided flr in this chapter. 13 Nev. Rev. S tat. 288.270(1 )(a) and teL Coniplainants cclv on lotal_Security Management Illinois 14 .LLC. :64 NI RB no. 106 (2(116) tor their position tlia the County was required to neumfliate IS with NCMEE:\ prior to termimiatine l3oskovicli, hieh also fonus the basis ibr the rrohihite 6 practices claim. in addilion to Complainants assertion the County refused to bargain in good I? ibbIli with NCMI-A over accretinu the I)I)As into the NCMF\ CRA. is If First and inremost. it is imporiant to note the DDAs have not been reconizei as a I9 separate bargaining unit, nor have they been acereted into the NC\iFA CI3A. In fitet, the hoard 20 tbund in favor ol’ the Cnumv on the issue of comn!nun!tv ot interest in the prior ease where 21 1 Dl)As sought recognition and accretIon into the NCN IIE:\ CBA. As argued in the prior ease, it 22 was no secret the l)DAs sought recognition and accretion into NC\IIIA for purposes of en oving 23 { the henetits of the just cause termination pro’ ision and grievance riuhts contained in the C BA. 24 The DDAs (and Boskovieb when she was cmployedj are all at-will employees, per the oilers of employment accepted by the DDAs. ,The CIJA with NCNIF,:\ contains a list cause provision. 26 j I lowever. in Nevada Revised Statute 252.070(6). the Legislature atThrded a merit personnel’ 27 system (xvii icli iuId encompass a list cause standard) only to deputy district attorneys who are’ 281 : / l’aae 6 of 12 J ${i1i2 3r’i * / employed by a county with a population of at least 700.000. Ne’. Rev. Stat. 252.070(6), [lie 2 legislati t history of the bill clearly shows there was never any intent to extend such rights to 3 deputy district attorneys in the smaller counties: 4 Mr. Graham stated the reason (his is applied ici the largest county is because the’ p have increased to the point here they have nearly (it) dcptitv district attorneys 5 and it is Icit in the smafler counties it vouid tint be appropriate. because the are more like a small law lirm - 1 Mr. (iraliarn’s above—c i led statement was ni response to Senator Rauuio s concern with the s proposed legislation in that is1L,rcallv the district attorney via county, an elected oliicjai, has 9 had the right to tp;’oin: and retain. tipu::. his or her election. the deput cl!striet attornevs.’ ihese 10 concerns and explanations are part cii ark gem nine to I lie instant matter because Nyc C oun!v I District Attornes’s 0111cc. like nian\ rural or nahlei oltiees. has Iiniitcd resources and I? cii’ [‘iovces \Viiifli it comes to count\ attorneys. UDAs in Nyc C onntv are sometimes required to 13 pcri&m both criminal and civil duties. In ticl. the job classiticatioti Ibr a deputy district attorney expressly e conimlssc ci vU woi k. It is inipcr.uive lr Nyc County District :\ttornev’s Ottice to IS have ilexib:litv ii assiwii;w its deptitie to civil work given the small number ol l)lfls. to thiN 16 end. the County argued in the prior case that accretion into the NCNJVA Cf3:\ presented a leur I7 harrier. as Ne ada Re ised Statute 288. 140(4 )(c) sped ilcallv precludes a deputy district attorney IS I assigned to a “civil law division. deparcmcnt or agency’ from being a member in an employee 19 organization. Nev. Rev. Stat 288. I 40i 4)(c). inconirovericu testimony at the prior hearing 2)) established two important items regarding this issue: (I) Nyc County District Attorney’s 0111cc 2I If has a civil di vision: and (2) the District Attorney has the authority to assign l)DAs to that 22 department. As such, accretion of any I )DA into NCN1h.\ would inherently create a violation of 23 Nevada Revised Statute 288. 1.11) and. to ni a ‘racmat ic sense, create a very real possihi hEy that 1-4 the District Attorney would not he able to carry out his or her duties at timcs because he would 25 not be able to assign a I) DA to work in the civil di vision without violating the same statute. 26 27 Nse (.c,UIIt\ N jioj’tOiitic;U s jç’,S cliati 7(it)OCO. DX Pace 7 of 12 — ‘TAC I555s.Oa2;752.1t2 oiffl019 2 5 PSI Uiveii this hiiidsc:qc, tIN (‘oinplainants’ iclumee OTt Iota! S’ectiritv is itiisplaccd. pILe 2 the ISSUeS presented I tert’. I here were no slat utorv barn c’ rs I dent i lied hv the N LR 13 in the h Tia 3 ‘ti ease. lLIrtiwrmore. unlike the parties in lolal ççfiv. the l)D:\s have not been 1 recognized as a bargaining unit and. nwreover. lost their lawsuit to he acereted into N(’MEA and N \( Ml \ IN’ not ILLT1 idtiitiliul 1st) c si rcprs it ttic S.a [ot ‘ISCL’irii; 64 NI RB Ii \o. 106 at II. the (‘otiriR’ owed ito obligatiot to bargain with NCMF A over ilie discipline ut 7 Boskuvieli ri\’cfl the lactuil landscape flit! reiationsmi, ol the parties at the time of the H tenflinatiori. fiiialiv. there is no Nevada law addressing this issue, such that the (mintv woiikl 0 have been placed on police of such olilcg;ition. in this end, even if the 13’ard dctcrnii,ied tile 10 (‘ountv has art obliruttic,ix to harraja with N( NlI:i\ over the ierTnin uioii ol i3oshovic)i. suen a Ii determination could not fliY retroactively. Indeed. e en in jjtpLScs’untv the N1RB applied 12 the nile prospectively and tc’LInd the employer did mt violate Section 8(a)5) and (I ‘when it 13 refused to bargain with (lie Union over certain diciPJiTiar) actions. N at 2. ‘I hat said, it is the 14 (ountv’s position it had iio legal obligation to bargam over discipl ine decisions of i3oskovich. IS IV. wF[MNsFs FXI’EC’l’F.l) ‘10 ‘JFSTIFV 1(1 1. Person(s) Most Kiiotiedcai’ie — Nyc (‘owlt\ District Attorney’s (1111cc CU) Marquis i\urbaeh (oflitig 17 10(10) Park Riot l)rive Las Veuas. Nevada $9145 H (71)2) 3S2—07l I JO ‘this vitiiess(cs) is expected to testily about the (acts and ercunm stances alleged in the I) 2(1 pleadings in this case. 2i j 2. District Attorney Chris Arabia co Marquis Aurbaeh [ofling 22 I OQI) I l’ark Rim I )rive Las \‘e tias. Nevada SYl 45 23 (7(12) 3X2-07 II 24 ‘ibis witness is expected to testily about the (‘acts and circiiTTmstahic’eS alleged P the 25 (‘ormiplaini, as well as the Respondent’s Answer thereto, including the aflirtm ittie defenses 26 asserted. 27 I’! 2S 1!! l’auc S o{12 3. MarIa 7.lotek Nyc County District Attornevs Office cc Marquis Aurbach Coflin i I Park Run I )ri v Las Vegas. Nevada 89145 5 (7(12) 382-071 4 his witness is exiwctcd to testilS about the thets and clreurustaneec ullewed in the 5 Complaint, as well us the l-tespondL’ii:s Answer thereto, including the affirmative delenses userted 7 4. Bradley Richardson I )eputv I )isiriet Anorne I do Marquis Aurhacli (‘uiiitw 5 100(11 I’ark Ruti I Las Vegas. Nevada 8’) 145 O (702)382-0711 Iv [his ‘Viltiess is exvected to testitv about the ihets and circuiiistanccs alleged in the I j Conipiaiiii. as well us the Respondent’s :\lIsuei thereto. inciudinu the attirmatise defenses 12 asserted. 13 5. J3rcn Waggoner, Director ci 1’1annin 14 I Nyc I C) I Radar Road - P.C. 130.\ 153 I) i() nonab. Nevada SOC 4 H (775)751-4249 17 Ibis witness is espected to testil\ uI’uu the htcts and circtlmstances alleged iii the ix Complaint. as well as the ReSpOIR!L’iII’S ;\iis”cf Iiicrcto. i:mclud,ng the allinnarive Gc!cnse> asserted (‘. (mi Sutton. (:,uitv Manager — Nyc C ‘I 2100 N. Walt \\illians l)t. — Suite 10(1 , -, Palirumnp. Nevada 89048 (775) 751-7075 Iltis w itiiess is espected to testil 4umit the macis and eiretirnstanees alleced iii the - Coniplaint. as well as (lie Respondetit’s Answer thereto. ineltiding the atlirmative defenses ‘6 aNerec!. i/f 28 I’’’ 1’.we 9 ci 12 ?,V’201923Q1’M I 7. Cristi Kindel I 1520 Last I3asin Road 2 P.C. Box 3 I Suite l0 l’ahruinp. Nevada X9u4 kJ7) 75-7US 5 This witness is expectal to testify about the facts and circumstances aIlecd in the 6 Complaint, as xteii as the Respondent’s Answer thereto. including the atlinnative defenses I 7 3SSCIILU. 8. Steve Osborne Nyc Counn O1 Radar Road I P.O. Box 153 U lonoaah, Nevada X904’) (775)751-4246 ii I2 I INs \V mess is c\peted to testi Iv aboUt the facts and circumstances alleged in the I (:t’z1paint..s veJ1 tIS the Res000deHt’s Answer thereto, mci tiding the affirmative deftases 14 asserlc A - 15 9. Danelle Sharnrcll. Director of Human Resources Nyc County 16 1 I UI Radar Road I’D. Box 155 I? ionorah, Nevada 8904i (775) 751-72-12 I9 lb is witness is expcaed to testify abotit the titcts and circumstances alleged in the 20 Complaint, as well as the Respondent’s Answer thereto. inch uding the affirmative detënses 2! asserted. 10. Any w i messes idemifed by Complainants. 25 1/1 26 //! 27 h i/i I’aec 10 of ID - .tAC 55s.o2 i 610 2 TIME FOR IJFZ%RIN(; 7 II I he County aniicipaes it will take one full day to presem its case in ciner Dated this (I Jay of june. DOtS’. •1 IARQLiSALiAc’l; COITING () 1, Nick D. Crosby. Esq. Nevada Bar No. 8996 S I 0001 Park Run Drive Las Vegas, Nevada 89145 -l 1/ui-ne vs Jo?- Responclem. e t.u!e?Ifi 10 Il IL -, 13 17 —, I Li —ç — — :7 —‘S II ci I ‘c 55s-,5255714i .2 t- I- 2!’R 23c- 1Sf (‘ER lIFIUATE OF MMLIrSC I liei eb cfrday ccrtilv that on the 1! ot June. 20 I 9. I served a copy f the foregoing RESPONDENT’S PRE—HEARING Si:TENTENF upon each ot the panics by depositing a 4 eop of the same in a sealed envelope in the United States Mail, Las Vegas, Nevada. First-Class Postage irily prepart. and :idurcseJ to: 6 j Daniel Marks. Esq. ;\d,ni Levine. Esti. 7 Law (Nfice of Daniel Marks 610 So. Ni itli Stree S las Vecas, cv 59101 An” ,iLI.% !c’r (ump/1:1:ali;:.’ U H) and that there is a rctilar comintmicaiion by mail between the place of nailing and the place(s) II so addrcs’cd. 1 14 .\m empjj)vee of ?darquis&aUrbach (‘ofling F IX H 21 25 1 25 ID m;,cscx.o,’ v;;’;j 26a2!t9?J’’t\! 4-i’ c7 /l(DR9 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. SU-2019-000060 Special Use Permit Change of location to allow an existing marijuana establishment (production facility) iocated at 3015. Oxbow Ave., Unit 13, Pahrump, NV, to relocate to 1620W. Charleston Park Ave., Pahrump, NV, should be considered a new application. If the Special Use Permit is approved, the applicant will be required to obtain approval of a site development plan, water impact plan, security and transportation plan, applicable State of Nevada Department of Taxation approvals, building permit, Certificate of Occupancy, Nye County marijuana license for production, and a Town of Pahrump business license, prior to operating the facility. Prior to operating the facility is insufficient. The statement should read, before the Special Use Permit is approved and issued. The applicant currently has two marijuana facilities approved in Nyc County the Town of Pahrump. MANDATORY CONDITIONS OF APPROVAL 12. The establishment must install a property designed. sized, and maintained ventilation and air quality control system appropriate for the square footage of the facility and number of plants to control air quality and odor from the establishment is insufficient. A HEPA ventilation system should be required to prevent pollen escaping from the establishment. The Governor’s Task Force on the Implementation of Question 2, May 30, 2017; recommends that the Department of Taxation through regulation establish a buffer zone of at least five miles between outdoor or indoor mariiuana cultivation facilitie1 unless the Nevada Department of Agriculture grants a variance. This recommendation includes location for cultivation of marijuana crops and industrial hemp. The recommended buffer zone would limit the possibility of female hemp species with less than 0.3% THC from being pollinated by marijuana plants cultivated for medicinal/adult consumption that contain more than 0.3% THC. All license renewals of existing Marijuana Establishments for indoor marijuana cultivation should be required to install HEPA ventilation systems before the license is renewed to protect the approved Industrial Hemp farms in the Pahrump and no new Marijuana Establishments should be allowed Special Use Permits or Licenses in Pahrump. Respectfully submitted, JI5iF. Bosta ATTACHMENT 2 July 16, 2019 Item 11 Comments by John F. Bosta Page 1 tiz Cri/[G.(t1 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. SU-2019-000060 Special Use Permit Change of location to allow an existing marijuana establishment (production facility) located at 301 S. Oxbow Ave., Unit 13, Pahrump, NV, to relocate to 1620W. Charleston Park Ave., Pahrump, NV, should be considered a new application. If the Special Use Permit is approved, the applicant will be required to obtain approval of a site development plan, water impact plan, security and transportation plan, applicable State of Nevada Department of Taxation approvals, building permit, Certificate of Occupancy, Nye County marijuana license for production, and a Town of Pahrump business license, prior to operating the facility. Prior to operating the facility is insufficient. The statement should read, before the Special Use Permit is approved and issued. The applicant currently has two marijuana facilities approved in Nyc County the Town of Pabrump. MANDATORY CONDITIONS OF APPROVAL 12. The establishment must install a property designed. sized, and maintained ventilation and air quality control system appropriate for the square footage of the facility and number of plants to control air quality and odor from the establishment is insufficient, A HEPA ventilation system should be required to prevent pollen escaping from the establishment. The Governor’s Task Force on the Implementation of Question 2, May 30, 2017; recommends that the Department of Taxation through regulation establish a buffer zone of at least five miles between outdoor or indoor marijuana cultivation facilities, unless the Nevada Department of Agriculture grants a variance. This recommendation includes location for cultivation of marijuana crops and industrial hemp. The recommended buffer zone would limit the possibility of female hemp species with less than 0.3% THC from being pollinated by marijuana plants cultivated for medicinal/adult consumption that contain more than O.3%THC. All license renewals of existing Marijuana Establishments for indoor marijuana cultivation should be required to install HEPA ventilation systems before the license is renewed to protect the approved Industrial Hemp farms in the Pahrump and no new Marijuana Establishments should be allowed Special Use Permits or Licenses in Pahrump. Respectfully submitted, Johr(/. Bosta ATTACHMENT 3 July 16, 2019 Item 11 Comments by John F. Bosta Page 1 a/i&/i 9 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. On July 2,2019 the BoCC did not set a date, time and location for a Public Hearing on Nye County Bill No. 2019-04, therefore the item should be pulled. Respectfully submitted, 7-) 4 oLJfia JOaF. Bosta ATTACHMENT 4 July 16, 2019 Item 14 Comments by John F. Bosta Page 1 tt(5 U7/[((VJ 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. On July 2,2019 the B0CC did not set a date, time and location for a Public Hearing on Nye County Bill No. 2019-05, therefore the item should be pulled. Respectfully submitted, 7 F. Bosta ATTACHMENT 5 July 16, 2019 Item 15 Comments by John F. Bosta Page 1 U7IIQ(( 9 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. Nye County Bill No. 2019-11 proposing to amend Nye County Code Title 17 Comprehensive Land Use Planning arid Zoning, Chapter 17.06 Marijuana Establishment; Zoning Requirements applies to Pahrump only. The County has adopted no zoning in the rest of the County. The County has no authority to issue Marijuana Establishment License within an unincorporated town, the County has authority to issue Special Use Permits and Marijuana Licenses within the County only. AB533 creates the Cannabis Compliance Board. This bill set forth the powers and duties of the Board, which generally consist of the regulation, licensing and registration of establishments and persons engaged in the production and sale of cannabis and cannabis products in this State. Local governments will no longer issue licenses. The Cannabis Compliance Board will take over collection the money Julyl 2020. The proposed bills are a waste of time, effort, and tax dollars. The amend bills will good [or only one year. The County should return the Marijuana money collected within the towns, almost one and half million dollars, under the color of the law before July 1, 2020. Respectfully submitted, 4171n Jo[(n/ Bosta ATtACHMENTS July 16, 2019 Item 19 Comments by John F. Bosta Page 1 k 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. On July 2, 2019 the BoCC did not set a date, time and location for a Public Hearing on Nye County Bill No. 2019-06, therefore the item should be pulled. Respectfully submitted, (n F. Bosta 2 A0* ATTACHMENT? July 16, 2019 Item 16 Comments by John F. Bosta Page 1