October 3, 2017

Commissioner Koenig

assumed the Chair of the Board of County Commissioners.

Commissioner Borasky

asked staff to notify the Public Guardian that she was not on the agenda today. October 3, 2017

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky.

Commissioner Koenig

said under items 32a and 32b it should read “reminding them” rather than “remembering.”

Commissioner Wichman

amended her motion to approve with that correction;

Commissioner Borasky

amended his second; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Cox

asked that the item for the high school rodeo waiver be on the next agenda.

Commissioner Borasky

asked everyone to stay up on the microphones when they talked as he was having difficulty hearing today.

Commissioner Wichman

advised Round Mountain Gold Corporation (RMGC) would have a public meeting on October 18, 2017, at 5:00 p.m., at the Round Mountain Simpson Center to talk about the future of RMGC and the community. People could contact Emily Hendrickson at (775) 377-3231 for information. Danelle Shamrell, Human Resources Manager, said yesterday morning her department sent out a notice to all employees from Resources for Living about help that was available to them. Their number was (888) 238-6232. She said they were working with them to bring a counselor to Tonopah and Pahrump and she would send that information out as soon as she had it. October 3, 2017 TIMED ITEMS

Commissioner Wichman

said these were reviewed by the Belmont Town Advisory Board and brought to the Board of County Commissioners for ratification.

Commissioner Wichman

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

Commissioner Wichman

made a motion to approve items 17-19; seconded by

Commissioner Borasky

; 4 yeas. October 3, 2017

Commissioner Wichman

made a motion to approve items 17-19; seconded by

Commissioner Borasky

; 4 yeas.

Commissioner Wichman

made a motion to approve items 17-19; seconded by

Commissioner Borasky

; 4 yeas. BOARD OF COMMISSIONERS

Commissioner Borasky

made a motion to nominate Commissioner Wichman; seconded by Commissioner Cox; 4 yeas. October 3, 2017 TREASURER

Commissioner Borasky

made a motion to approve awarding the bid, executing the contract, and funding from Fund 10340; seconded by Commissioner Wichman; 4 yeas. Herman Lewis praised Great Basin.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox. Herman Lewis asked if anyone else submitted a bid on this.

Commissioner Koenig

explained this was the purchasing agreement, not the tasers.

Commissioner Borasky

asked what happened to the old ones and what a taser’s normal Lifespan was.

Sheriff Wehrly

explained the current tasers were old and out-of-date and they could no longer get parts for them. As far as lifespan, that depended on the company, but the tasers they had had a lifespan of about 15 years.

Commissioner Wichman

made a motion to approve entering into a five year contract and approving the quote; seconded by Commissioner Borasky. Herman Lewis asked for the name and manufacturer of the original tasers. He pointed out it was quite a bit of money and the only way the public would know if it was a good cost was if other companies bid on it. He asked if there were any other bids. October 3, 2017 27. For Possible Action Discussion and deliberation to: 1) enter into a five (5) year contract with Axon Enterprise, Inc. to purchase 130 Tasers as well as replacement Taser cartridges; and 2) approve the quote of $359,573.50 to be funded from 10234 Nye County Sheriff Public Safety Sales Tax.-Cont’d.

Sheriff Wehrly

said the last tasers were from Taser. Bids were received from Axon, a company from overseas, and GeoTech. Angela Bello explained the County was not required to go out to bid. The County was piggybacking on another intergovernmental contract. When Mr. Lewis asked if the public could see the other quotes Commissioner Koenig said the Sheriff could get them for him.

Commissioner Cox

asked how old the tasers the Sheriff’s Office was using now were.

Sheriff Wehrly

said some were about 15 years old and others were six or seven.

Commissioner Wichman

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

Commissioner Wichman

made a motion to approve; seconded by Commissioner Borasky; 4 yeas. TIMED ITEMS-Cont’d. 8. 10:15 Presentation by Round Mountain Gold Corporation to the Nye County Sheriff’s Office, Esmeralda County Sheriff’s Office, Nevada Highway Patrol and Social Worker, Kathleen Bernache regarding “Sweet Cases” for local foster child ten. Sam Faga, Occupational Health Coordinator for RMGC, explained she had planned the safety fairs for the past three years and normally there was a community event that happened with that. This year they did a color run and all proceeds went to buying Sweet Cases for foster care. The cases were stuffed with items like teddy bears, October 3, 2017 8. 10:15 Presentation by Round Mountain Gold Corporation to the Nye County Sheriff’s Office! Esmeralda County Sheriff’s Office. Nevada Highway Patrol and Social Worker! Kathleen Bernache regarding “Sweet Cases” for local foster children.-Cont’d. blankets, toothbrushes, and coloring books to bring children comfort in their new homes. RMGC purchased the 50 cases at around $30.00 each and the participants in the race donated $30.00. Ms. Faga showed the cases to the Board. Emily Hendrickson from RMGC added 100% of the race funds go straight to DCFS in the form of gift cards, and RMGC matched the donation 50% by adding to the cases. She then presented bags to the NHP and Nye County Sheriffs Office. The Board took a brief recess. PLANNINGIBUILDINGICODE COMPLIANCE

Commissioner Borasky

made a motion to approve items 30a and 30b; seconded by

Commissioner Wichman

. Dave Stevens said he did not like the way houses were built in Pahrump and that they needed foundations. John Bosta questioned development of more houses when the Water District passed an option to curtail domestic wells and drilling of domestic wells. He thought the Board should stop adding lots and subdivisions until the water issues were settled. He also wondered about the turtle inspection fee the Board adopted in 2008.

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. LIQUOR 15. For Possible Action Discussion and deliberation to issue a Package Liquor License to Dirty Dick’s Belmont Saloon, located at 82 Main Street, Belmont, NV. Tracy K. Bilyeu Applicant. Janice Maurizio from the Sheriff’s Office advised all paperwork was handed in and in order, and the fees were ready to go. The background check was also returned. As far as the certificate of occupancy, Ms. Maurizio advised “Vance” was going up to inspect it, which was all that was required because of its location.

Commissioner Koenig

made a motion to approve; seconded by Commissioner Wichman; 5 yeas. BROTHEL 10. For Possible Action Discussion and deliberation regarding Brothel License renewal for the Western Best, LLC., dba Chicken Ranch located in Pahrump, NV for the second quarter of FY18.

Commissioner Wichman

made a motion to bring this back next month if it was in compliance, therefore no license until they were in compliance; seconded by

Commissioner Koenig

asked if putting this off until next month meant they had no license for 30 days.

Commissioner Wichman

said yes, unless they wanted to bring it back to the next meeting in compliance.

Sheriff Wehrly

suggested putting them on notice for two weeks and if they did not have things completed in that two week period then her office would shut them down.

Commissioner Wichman

amended her motion to put them on notice for two weeks and if they did not have things completed in that two-week period then the Sheriff’s Office would shut them down; Commissioner Koenig amended his second.

Commissioner Borasky

asked if the Sheriff would give the Board a report before the next meeting in Pahrump.

Sheriff Wehrly

said she would. October 3, 2017 10. For Possible Action Discussion and deliberation regarding Brothel License renewal for the Western Best, LLC., dba Chicken Ranch located in Pahrump, NV for the second quarter of FYI 8.-Cont’d.

Commissioner Wichman

asked the Sheriff to please make sure to get the letters of violation sent within the next 24 hours so they had plenty of time to bring it back in full compliance. Angela Bello pointed out the Board could grant a conditional renewal.

Commissioner Wichman

said no. The stipulation for renewal was that the violations were corrected in two weeks and if not the Board would take further action at that point.

Commissioner Cox

asked if anyone had a list of the violations as she could not make a decision if she did not have any back-up. She also wondered if any of them were g randfathered.

Commissioner Wichman

said there was no grandfathered clause listed and no one was under any kind of grandfathering. Ken Green from the Chicken Ranch said he was not aware they had any violations as he never received notification either verbally or in writing. He asked how his business could be closed when he would have done something about the violations if he was aware of them.

Commissioner Wichman

explained the motion to Mr. Green and said he would have the notice of violation within 24 hours.

Mr. Green

said the original motion was rather severe and he objected to that kind of an attitude toward a business that had been here for 35 years. If he did something wrong let him know and he would correct it.

Commissioner Wichman

pointed out the violations against the Chicken Ranch had been in place for several years.

Sheriff Wehrly

stated she changed the motion because she had no intention of shutting anyone down. Dwight Lilly said there was a disconnect between when the Commissioners voted on an ordinance and the administration of that ordinance. He said if the Commissioners ran this business out of the County then they should come forward with the revenue to replace it, which he knew would be higher taxes. Herman Lewis wondered if the brothel owners knew about these violations. Dave Stevens felt the brothels should be closed down. October 3, 2017 10. For Possible Action Discussion and deliberation regarding Brothel License renewal for the Western Best, LLC., dba Chicken Ranch located in Pahrump, NV for the second quarter of FYI 8.-Cont’d.

Commissioner Wichman

made a motion that they could operate for two weeks, cleat all Code violations in that length of time, and then the Board would reconsider it; seconded by Commissioner Koenig. Mark Connot, appearing on behalf of Sheri’s Ranch, said he had serious concerns about the approach here. The document just handed out was the first time Sheri’s Ranch had heard of this. He noted the report was dated August 21, 2017, six weeks ago, and thought if they were so critical there was no reason to not to bring it to their attention. Mr. Connot said they could address the issues, but he did not think two weeks was the proper procedure. He explained there had to be a notice and the due process that went along with it. He thought there needed to be a better procedure and more open lines of communication. All of the violations could have been taken care of before today if they had been properly notified, and Mr. Connot stated they would be rectified in the next two weeks.

Commissioner Borasky

pointed out some of the violations had been going on for quite some time.

Sheriff Wehrly

stated the detective who did the investigation walked around with one of the people from Sheri’s Ranch. That person was well aware of the violations and said they would let the superiors know. She did not know why a copy of the inspection sheet was not provided on the day the inspection took place, but that was supposed to be the process and she apologized for that. She also agreed that the process needed to be worked on.

Commissioner Wichman

said this ordinance had been in place for almost 30 years and just because they had not been put in violation in the past was no excuse. They now had two weeks to bring them back in full compliance and while she realized this was not a process any of them wanted to see, Commissioner Wichman said she had lived with this brothel issue for over a year where everyone was battling over every nuance of the Code and she was not willing to do that anymore. Either they followed the Codes already in place or they forfeited their opportunity for a privilege license in Nye County.

Mr. Connot

stressed keeping the dialogue open and if there was a violation they would like to know about it right away in a formal fashion so they could address the concerns. October 3, 2017 II. For Possible Action Discussion and deliberation regarding Brothel License renewal for Mid Valley Enterprises, LLC., dba Sheri’s Ranch located in Pahrump, NV for the second quarter of FYI 8.-Cont’d. Dave Stevens said to close them down.

Commissioner Wichman

made a motion that the existing brothel license would stay in place for two weeks, and they would cleat those violations and bring it back in two weeks; seconded by Commissioner Koenig. Dennis Hof expressed his concerns with the procedure and said people had to be given the opportunity to make changes. He addressed the list of violations one by one noting all were in compliance and said he wanted the Love Ranch passed now. John Bosta questioned a lot of the items being out of compliance. He referred to the Board having a sign that was on private property removed that said nothing about a brothel. In his opinion that was a violation of their right to speak out in the public. Dave Stevens said to close them down. Herman Lewis expressed his support of Dennis Hof.

Commissioner Wichman

said the information in the back-up indicated this location was closed. Dennis Hof said it was and the restaurant and bar were fully compliant.

Commissioner Wichman

felt no action was needed then if it was closed.

Mr. Hof

explained he paid the fee to keep the license active and had been doing that for years. If that was going to change he would like some notification so he could open it up. He said he had not opened it up because he was just competing with himself at this point, but he would open it if he had to. October 3, 2017 13. For Possible Action Discussion and deliberation regarding Brothel License renewal for Mabel’s, LLC., dba Dennis Hof’s Cathouse located in Crystal, NV for the second quarter of FYI 8.-Cont’d.

Commissioner Wichman

made a motion that the license be renewed for 60 days.

Commissioner Wichman

asked Mr. Hof if his plan was to open it in 60 days.

Mr. Hot

said that was not the plan, but he would do it.

Commissioner Koenig

seconded the motion that the license be renewed for 60 days; 4 yeas. Commissioner Borasky voted no.

Commissioner Borasky

said he did not think someone should be allowed to just carry a license. 14. For Possible Action Discussion and deliberation regarding Brothel License renewal for Area 51 Death Valley Alien Cathouse, LLC., Uba Cherry Patch 2 located in Amargosa Valley, NV for the second quarter of FY18.

Commissioner Wichman

made a motion that this renewal was contingent upon having everything satisfied in the Code violations within two weeks and the Board hearing it again in Pahrump; seconded by Commissioner Koenig. Dennis Hof stated he had been told everything was taken care of except the work cards. John Bosta asked if this applied to the brothel only, not the restaurant and gas stop.

Commissioner Koenig

said only the brothel.

Mr. Bosta

asked if the Board considered the people who would be put out of work.

Commissioner Wichman

pointed out the Board did not close them.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners.

Commissioner Koenig

adjourned the meeting. APPROVED this ATTEST: Of f0ViiJL ,2017. Q C, .Q Mcm

Chair Nye’

Couty Clerk / Deputy