Page 1 October 17, 2017 Pursuant to NRS a joint meeting of the Nye County Board of Commissioners, Nye County Board of Highway Commissioners, Nye County Licensing and Liquor Board, as the Governing Body of the Unincorporated Town of Pahrump, as the Governing Body of the Unincorporated Towns of Beatty, Belmont, Gabbs, Manhattan, and Railroad Valley, and as the Board of Trustees for the Pah rump Pool District, was held at 10:00 a.m. in the Commissioner Chambers, 2100 E. Walt Williams Drive, Pahrump, Nevada 89048.
Dan Schinhofen, Chair John Koenig, Vice Chair Lorinda Wichman, Commissioner Butch Borasky, Commissioner Donna Cox, Commissioner Sandra L. Merlino, Ex-Officio Clerk of the Board Angela Bello, District Attorney Sharon Wehrly, Sheriff Tim Sutton, County Manager
Also Present: Lorina Dellinger, Assistant County Manager; Kelly Sidman, Deputy Clerk; Savannah Rucker, Comptroller; Deputy District Attorney Brad Richardson
1. Pledge of Allegiance
The Pledge was recited.
2. Approval of the Agenda for October 17, 2017 (Non-action item)
Tim Sutton stated items 5, 27-29, and 34-35 could be removed from the agenda.
3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first).
Tom Waters talked about the Survivor’s Handbook for spouses and families of veterans who passed away. People could contact Mr. Waters to get a copy.
Diane Southworth discussed the outreach program in Pahrump. She advised the Board that over the last quarter there were over 24,000 individuals served with food all done by the Coalition, the churches, and the veterans’ organizations. She said one church was looking for blankets.
Herman Lewis reminded the Commissioners of the overwhelming sense of hostility toward some of the people coming up for agenda items two weeks ago. He hoped today everyone could be fair, polite and kind.
Additionally, the topics/issues
Tim
Commissioner
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Wichman;
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39. For Possible Action — Discussion and deliberation regarding a 90-day follow- up review of NCMM, LLC, relating to its marijuana cultivation and production facilities, located at 340 E. Mesquite Avenue, Pahrump, NV. Assessor Parcel Number 029-601-28. Applicant/Grantee — NCMM, LLC. Agent — Justin Mohney, Manager, NCMM, LLC.
Darrell Lacy, Planning Director, said Code Compliance, Planning and the Sheriff’s Office conducted an inspection and in general all things were in compliance. There were minor issues that were not, like getting access to the video feed which he just learned was fixed. There were also people livingon-site, which was not part of the current plan, so they needed to come back and get permission for a watchman’s qua rters.
Commissioner Koenig explained what prompted this was they kept asking for extensions but were not doing anything. He asked if any green was seen.
Detective Chris Sehnert advised they just recently transported 45 pounds of marijuana products.
Mr. Lacy added there was material for extraction as well as plants on-site.
There was no action taken on this item.
40. For Possible Action — Discussion and deliberation on Medical Marijuana Establishment Annual License Renewal Application MM-2017-000048: a request to renew a Medical Marijuana Establishment License for a medical marijuana production facility, located at 340 E. Mesquite Avenue, Pahrump, NV. Assessor Parcel Number 029-607-28. Janet Jensen — Property Owner. NCMM, LLC — Applicant.
41. For Possible Action — Discussion and deliberation on Medical Marijuana Establishment Annual License Renewal Application MM-2017-000049: a request to renew a Medical Marijuana Establishment License for a medical mariluana production facility, located at 340 E. Mesquite Avenue, Pahrump, NV. Assessor Parcel Number 029-601-28. Janet Jensen — Property Owner. NCMM, LLC — Applicant.
Commissioner Koenig made a motion to approve renewing applications MM-2017- 000048 and MM2017-000049; seconded by Commissioner Wichman; 5 yeas.
The Board was in recess until 1:30 p.m.
Commissioner Ccx was not present. Page 13 October 17, 2017 TIMED ITEMS-Cont’d.
70. 11:00 — For Possible Action: lOa. For Possible Action — Public Hearing, discussion and deliberation on MP 201 7-000005: a Master Plan Amendment application to change the land use plan designation of approximately 2.4 acres (gross) from Rural Density Residential to Rural Development Area, located at 2410 W. Bell Vista Avenue, further known as Tumbleweed Estates Subdivision, Block B, Lot 6. Assessor Parcel Number 029- 523-05. Steven Khoury — Property Owner/Applicant. CivilWise Services, Inc. — Agent. lOb. For Possible Action — Public Hearing, discussion and deliberation on ZC 201 7-00001 7: a Zone Change application to change approximately 2.4 acres (gross) from the Rural Estates (RE-2) Zoning District to the Commercial Manufacturing (CM) Zoning District, located at 2410 W. Bell Vista Avenue, further known as Tumbleweed Estates Subdivision, Block B, Lot 6. Assessor Parcel Number 029-523-05. Steven Khoury — Property Owner/Applicant. CivilWise Services, Inc. — Agent.
Darrell Lacy advised this had been through the RPC, which recommended a zone change to neighborhood commercial instead of commercial manufacturing.
Commissioner Borasky asked what the intended use of the property was.
Darrell Lacy thought that was one of the reasons why neighborhood commercial was mentioned. He believed they were looking at auto repair and neighborhood commercial was enough to handle that without going to commercial manufacturing.
Commissioner Koenig confirmed the applicant was okay with that.
Commissioner Koenig made a motion to approve MP-2017-000005, master plan amendment, and ZC-2017-000017, changing from commercial manufacturing to neighborhood commercial zoning district; seconded by Commissioner Wichman.
Commissioner Schinhofen opened the public hearing.
Ann Searles reviewed her history with the property and stated her support of these items.
Commissioner Schinhofen closed the public hearing.
Commissioner Cox was present.
Mr. Lacy corrected the intended use was a mini-storage, not what was stated earlier. Page 14 October 17, 2017 iOa. For Possible Action — Public Hearing, discussion and deliberation on MP 201 7-000005-Cont’d.
JOb. For Possible Action — Public Hearing, discussion and deliberation on ZC 2017-00001 7-Cont’d.
The motion to approve MP-2017-000005, master plan amendment, and ZC-2017- 000017, changing from commercial manufacturing to neighborhood commercial zoning district, passed with 5 yeas.
11. 11:00— For Possible Action — Competitive Selection of Recreational Mariiuana Retail Store: ha. For Possible Action — Public Hearing, discussion and deliberation regarding Special Use Permit Application No. SU-2017-000040: a request for a Special Use Permit to allow a recreational marijuana establishment (retail store) located at 866 S. Nevada Highway 160, Pahrump, NV. Assessor Parcel Number 038-341-04. Irene R. Welk, Trustee — Property Owner. Tumbleweed Dispensary Pahrump, LLC — Applicant.
Jib. For Possible Action — Public Hearing, discussion and deliberation regarding Special Use Permit Application No. SU-2017-000041: a request for a Special Use Permit to allow a recreational mariiuana establishment (retail store) located at 1231 5. Loop Road, Pahrump, NV. Assessor Parcel Number 035-381-21. MFR Properties, LLC — Property Owner. Green Life Productions, LLC — Applicant.
Commissioner Schinhofen pointed out that when siting medical dispensaries the County did not want them on highways.
Darrell Lacy said for medical marijuana the County received approval for one dispensary in the County. The initiative approved last November for recreational or retail sale of marijuana allowed the County two. It was discussed earlier in the year when the fast start approvals were going through that the County would get one more and he was directed to bring it back in October. Last month the Nevada Department of Taxation (DTAX)issued its proposed regulations, which Mr. Lacy expected to be approved, and there was a piece of the puzzle that confused things. The State totally took the local government out of this approval process because of the lawsuits in Clark County. Mr. Lacy said going through this process here may be a waste of time as they may or may not be the chosen spot by the State. He also had other people interested in doing this who stated they would not go through this process with the County. They would go to the State first and ifchosen would come back to the County.
Commission Schinhofen said the County still had zoning so the State could give a license to someone, but if it did not fit the zoning they would have to go back.
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23. For Possible Action — Approval to accept: 7) FFY 2018 Notice of Grant Award (NGA) from Aging and Disability Services Division (ADSD) for $44276 to provide congregate meals to the Beatty and Tonopah Senior Centers; and 2) the corresponding Confidentiality Addendum (CA). Matching funds from Nye County for $7,814 are budgeted from Fund 10101. This grant shall be administered from Fund 10281 Senior Nutrition.
Commissioner Koenig made a motion to approve consent; seconded by Commissioner Borasky; 5 yeas.
24. For Possible Action — Approval to accept: 1) FFY 2018 Notice of Grant Award (NGA) from Aging and Disability Services Division (ADSD) for $34,667 to provide home delivered meals to homebound clients in Beatty and Tonopah; and 2) the corresponding Confidentiality Addendum (CA). Matching funds from Nye County for $4,188 are budgeted from Fund 10101. This grant shall be administered from Fund 10281 Senior Nutrition.
Commissioner Koenig made a motion to approve consent; seconded by Commissioner Borasky; 5 yeas.
25. For Possible Action — Approval to enter into Grantee’s Agreement between State of Nevada, acting by and through its Department of Transportation, and Nye County Senior Nutrition Program, Inc., acting by and through Nye County Board of Commissioners. This is for the FFY 2018 Federal Transit Administration Section 5311 Grant in the amount of $102,070 and is for transportation operations (local and long-distance), servicing the areas of Amargosa Valley, Beatty, Gabbs, Smoky Valley and Tonopah. Matching funds are required in the amount of $47190 and includes in-kind services from Nye County through vehicle maintenance and automobile insurance coverage, Aging and Disability Services Division funding and Proiect Income/Donations. This grant shall be administered from Fund 10281 Senior Nutrition.
Commissioner Koenig made a motion to approve consent; seconded by Commissioner Borasky; 5 yeas.
26. For Possible Action — Approval to surplus and dispose of Self Contained Breathing Apparatus (SCBA) equipment within the Nye County Department of Emergency Management that has reached the end of its useful life.
Commissioner Koenig made a motion to approve consent; seconded by Commissioner Borasky; 5 yeas.
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if they
to
budget
of
as
Discussion Discussion
he
Discussion
$950
the
anyone
person
She
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to
drove
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Death
plan
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budget
year.
aid.
agenda.
agenda.
few
why
fiscal
budget
said
items
is
projections.
(MOU)
$185,000
said
budgeted
went
for
responsible
by
errors,
and
abate
Valley
the
to
Page
year.
to
1
it
and
Nye and
and
rescind
nuisance.
status
and
out
with
year
actual
looked
with
for
2
and
said
deliberation deliberation
County
deliberation
is
Ms.
National
and
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showed
Pam
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US
budgeted
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Rucker
nuisance
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inspected
of
Department
Webster.
starting
action,
Emergency
the
position
Fund
were
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worked
report nuisance
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to
out
regarding to
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strong,
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(DVNP)
5
enter
rescind
couple
said
budgeting
of
departments
yeas.
property
and
of
with
Fund
1
Management
the
30
nuisance
into
but
and
at
expenditure
for
department
a
the
action
2017
days;
21
October
higher Interior
Public
10235
a
2;
hazard
to
or
departments
W.
seconded
see
if
for
projected
and
to:
they Rudy
if
revenues
Public
Safety
if
Nye
(USD1),
the
17,
Page
for
7)
report
it
heads
2)
were
was
2017
by
to 20 Page 27 October 17, 2017 36. Presentation regarding the budget status through September 2077 for Nye County Fiscal Year 2078 budget projections.-Cont’d. present that could talk about their specific budgets. She reviewed each overage in detail and the actions being taken to correct them.
Vance Payne, Emergency Management Director, addressed their services/supplies. He said they were spending quite a bit on utilities, but he felt confident that as usual they would come in right on the money. He said he would be able to judge this closer at the mid-year point.
Lieutenant David Boruchowitz from the Sheriff’s Office discussed their overages in salaries and services/supplies. He said one of the biggest things with overtime were the 10 positions in the academy which were being covered with current employees. They also covered for the district court bailiffamounting to 185 hours this period. Additionally, there were a couple of severe medical emergencies with inmates equating to about 1,000 hours to cover those inmates. There were also employees out due to injuryas well as three on administrative leave. He said the academy should end at the end of the year and having those bodies on the street would lighten the load and they would balance out. Lieutenant Boruchowitz said he spoke to the Sheriff about the services/supplies and in the beginning of the year a lot of large purchases were made which would peter out as the end of the year came close. The Sheriff asked him to relay they were watching it closely and they should work within their budget barring any catastrophes.
Ms. Rucker stated none of the funds alarmed her with regard to expenditures and she did not have any funds that needed to be addressed at this point.
37. For Possible Action — Discussion and deliberation to: 7) enter into a five (5) year contract with PCN Strategies, an authorized re-seller for Synnex Corporation for the purpose of purchasing 130 Body Worn Cameras to outfit all officers with Body Cameras and 78 Dash and Rear Seat cameras for Patrol Vehicles; and 2) approve the quote for $1 ,703g455.60 to be partially funded from the following sources: Project G17018, Fund 10340 Grants in the amount of $155,816.90, 10234 Nye County Sheriff Public Safety Sales Tax in the amount of $515,206.70 from FY17 approved spending plan, and $108,108.00 per year from FYJ9-22 spending plans, to be submitted to the Board for approval at later dates.
Commissioner Wichman asked iffor some reason this did not have to comply with medium term financing approval. were The the Commissioner employee camera 38. Commissioner sources: for year officers Commissioner approve 37. Sheriff’s Savannah Position HIR Lieutenant units plans, Borasky. Nye FY17 Body the data. For For AND motion County contract were approximately approved Cameras to purpose on went Possible Possible Office; the #10022-022 be RISK Proiect Rucker the being resigning David to Sheriff submitted quote down approve with streets. Wichman Cox Koenig seconded MANAGEMENT and spending purchased of Boruchowitz Action Action G17018, explained as noted purchasing PCN for 118 Public 78 effective in well made passed $1,103,455.60 Dash to deputies, the made Strategies, — — this by as the plan, Discussion Discussion Fund outright Safety Sheriff’s a it Commissioner was being and explained did motion with a Board September 130 motion and 10340 not including for Rear 5 Sales able and Body an yeas. $108j because 130 to for Office to and and to fill Seat Grants the some authorized to be approval Tax body approve; Worn the provide the 25, Cox; rest deliberation deliberation 08.00 partially effective cameras in extra the dispatcher 2017. 10 cams in of the 5 Cameras in units the per the yeas. them at was seconded re-seller training. amount and funded later amount contract October year for were built-in to to to: position asked Patrol the to dates.-Cont’d. from fill 1) not for of from outfit by auxiliary. was of a enter for 10, $515,206.70 if being Synnex Commissioner vacant FYi Vehicles; #10022-022 there $155,816.90, when the 2017 for all 9-22 into October the financed. following officers were someone’s He Dispatcher, due Corporation a spending storage and five said that from to 17, in Page 10234 with the 2) the (5) there The many 2017 of 22
then
within
earlier 43b.
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map, Approval within
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Lyon
Number the
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Number 17,
—
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Page
final
Taney
full
2017
and 23
justified
water.
2000
Commissioner
Commissioner
Board doing
Mr. Commissioner that
Mr. conditions weeks and would
he Commissioner Angela
numbering
corrected
Mr. Commissioner 43b.
Commissioner
Ms. 43a.
Cont’d. 42b.
Mr.
42a.
Cont’d.
wanted
Lacy
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it;
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sign
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Cox
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Borasky
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they
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holding
way
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concerned
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corrected
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by
agreed
to
Action
Action
Action
Action
said
said
how
was
road
sign
people
probably
the
build
Commissioner
amended
to
made
asked
correct
up
agreement.
asked
that
there
a she
conditioning
the
company
was
County
conform
done
development
to the — —
—
new —
with
number
map,
corrected
was had
Discussion
Discussion
Discussion
a Discussion
pay
if
on
actually
was
if
Recorder
and
motion
the
within
houses
there
people
his
the
would
an
the
back
that
to
to
no
the
proper
lots,
issue
motion
Code
map
Wichman.
the
full
William
the
water.
were
two
in
to
waivers map
before
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and
having agreement
from
the
fees.
and
approve
approval
and
and
jurats
and
and
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with
fees
weeks
and
take
narrow
to
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where
maintenance
numbering
he
Lyon
She
doing
it
approve deliberation
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continuing
to
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the Everyone
had
was
also.
maintenance
over
wanted
to
spend
items
asked
of
this
normal
Homes.
roads
signed
now
it.
avoid
learned
approved
the
maintenance
water
items
42
be
been
the
money
final
for
also
in
to
agreement,
holding
way
by
and
re-done
this
on
on
on
on
clarification
numbering
build
there
42
was
map
a
agreement,
charged.
agreed
previously.
people
FM-2017-000007-
IA-2017-000014-Cont’d.
43 IA-2017-000075-Cont’d. FM-2017-000005-
prior
to
gated
and
houses
coming
up
was
dig upon
with
of
to
43
Board
the
them.
that
their
not
conform
community.
number
October
not
the
done
with
their
on
Recorder
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the
from.
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enough
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signing
within
map.
roads
the
lots, to
the
17,
Page
deeper
in
Code
lot
from
2017
two
and
the 24
to
within
44.
The
Department conform
Dma Code
map
valley.
Commissioner
motion
Nye extremely
Scott small
Mountain were
He
consideration
bigger Commissioner supply.
Mr. and
43b.
43a.
removed
Mr. 42b. 42a.
Cont’d.
Cont’d.
the
pointed
GENERAL
Lacy
Lacy
motion
County had
and
Williamson-Erdag,
For
For
For
For
entitlements
Swapp
and
lot
meetings
two
lots
and
to
development, a
said
maintenance
noted
because
Possible
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Possible
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Falls.
the
weeks
restrictive
hard
or
Code.
out
to mentioned
of
Assessor
from
something
normal
it by
approve
Energy,
Koenig
Cox
they
PUBLIC
that
was
as
time
He
anyone
to
that
William
of
there
Action
Action
Action
Action
said
avoid
also
since
had
steadily
on
supporting
expired
way
Sheree
said
had
agreement,
a
and
encouraged items
how
a
COMMENT
she
were
also
contiguous
needed
noted
else
member
holding
he
people Lyon — — —
—
been
the
all
they
becoming
understood
Discussion
Discussion
42
came Discussion
Discussion
development
gone
coming
issues
Stringer
new
there
motion
Homes
something
and
given
to
used
number
up
that
of
above
developers
to
be
the
lot
(second)
43
was
the
they
the
Pahrump
in
was
done.
asked
previously.
their
the
more
could
Commissioner
said
with
who
that,
Recorder
Nevada
an
and
and
and
and
and
lots,
needed
agreements.
that
lot
they
water
the
the
aquifer
difficult
did
Commissioner
not
but
numbering
beyond
deliberation
deliberation
deliberation
deliberation
and
had
in
something
had
conditions
Division
not
run
Site
she
the
to
and
from
he
agreed
fairly
to have
for
be
through
long
would
Specific
with
wanted
who
they
change
doing
aware
developers
The
of
be
isolated
an
run
like
their
to
that
Water
was
would
on
on
on
on
like
Koenig
re-done
old
only
different
the
it,
the
may
Advisory
7,000
of
the
FM-2017-000007-
FM-2077-000005-
lA-2017-000014-Cont’d.
IA-2077-000015-Cont’d.
they
conservation
on
that
passed
approval.
and
regulations
to ones
numbering
Resources
tose
numbering
that
affect
to
to
sign
that
taken
to
homes
share.
come
blocks.
restate
it
October
conform
board moving
Board
with
if
part
the
the
they
into
She
in
had
5 corrected
in
done
water
efforts was
of
to
to
his
for
with
yeas.
did
place. forward
17,
thought
the
Page
to
come
been
the
not.
2017
at 25
Chair APPROVED
45.
Of
family
dispensary
Commissioner application
44.
Board
understood
Paul
ADJOURN
GENERAL
Leamus
to called
consider
fee.
as
when
this
Grow
from
well
Schinhofen
PUBLIC
______day
submitting
extending
was
A Nevada
Bow.
closed
COMMENT
adjourned
They Southern
that
it
to
in
opportunity submitted
the
Mr.
,2017.
(second)-Cont’d.
Osborne
middle
Realty
the
meeting.
an
said
of
to
ATTEST:
that
application
last
those
Nye
he
the
month.
County
was
who
opportunity
representing
for
already
Mr.
Clerk
their
Leamus
/
to
spent cultivation
Deputy
submit
a
October
asked
project
the
a
$1,500.00
facility
the
for
17,
Page
his
2017
and 26