December 5, 2017

Sheriff Wehrly

was not present at this time.

Commissioner Schinhofen

suggested taking a break between now and then to resolve the issue rather than removing item 31 as it was sensitive for the Treasurer to get the position filled.

Commissioner Schinhofen

should have stopped Commissioner Borasky as he knew where Commissioner Borasky was going. Mr. Hof thought the Board needed to tell

Commissioner Borasky

to stop harassing him just because Commissioner Borasky’s political friend was running against Mr. Hot. Joe Burdzinski said he was shocked and horrified by the despicable comments made by

Commissioner Borasky

, which were uncalled for and not true. Commissioner Borasky had nothing to fear from Mr. Burdzinski or the other two gentlemen in question. He hoped that the Board had the guts to tell Commissioner Borasky his comments were not true, unprofessional, and not welcome. Don Cox said he had sat in the audience for years and listened to a lot of Board comments that were ethically illegal and what Commissioner Borasky did was illegal. He stated there would be ethics charges filed against Commissioner Borasky and probably Commissioner Schinhofen also for not closing the meeting and keeping

Commissioner Borasky

quiet. Tina Trenner said she did not think she had ever seen a public official pick three people specifically by name and say what Commissioner Borasky said. She expressed concern from a fiduciary viewpoint as far as the taxpayers having to pay if this ended up in a lawsuit as she felt it was slander. Ms. Trenner told of how she and Mr. Hof went to December 5, 2017 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 ffirst).-Cont’d. No To Abuse to support them, but Mr. Hof was not allowed in. When she turned around to walk away Commissioner Borasky was walking up. She felt this was a coordinated effort and thought it was disgusting. Robert Adams advised the Red Rock Audubon Society and Ash Meadows Wildlife Refuge would have a Christmas bird count on December 15, 2017. People should call (775) 372-5435, Ext. 119 to RSVP.

Commissioner Koenig

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

Commissioner Koenig

said he went to the CNRWA meeting in Fallon last week, where it was said to watch the upcoming Legislature for water issues and pay attention to BDRs as they expected there to be some very interesting things. He would also meet with Jason King tomorrow about water issues.

Commissioner Wichman

asked to return to this item at a later time in the meeting. December 5, 2017 TIMED ITEMS

Commissioner Wichman

made a motion to approve 1) the clean-up, 2), submitting the loan application, 3) preparing and distributing all of the information related to the Brownfields clean-up, and 4) waiving of the tipping fees; seconded by Commissioner Borasky. Abigail Sumanis and Eileen Christensen from BEC Environmental were present.

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

Commissioner Borasky

thanked the guys for responding to all the e-mails he sends out on potholes and road conditions.

Mr. Dahi

provided an update on the Hadley toad repairs. He and a couple of guys spent three days there with 56 bags of asphalt and took care of all of the emergency potholes they were asked to. He said the bill would not be all that much either.

Commissioner Wichman

asked if it would be put on a regular routine maintenance of any kind or if there were any future plans to continue. December5, 2017

Mr. Dahi

stated it seemed as though they were still trying to decide what they wanted to do. He thought they were going to go down the path of trying to turn that back over to the County, but one issue they needed to figure out was how snow would be taken care of in a timely manner. He said once that was worked out they would come to the Board with a recommendation for consideration.

Commissioner Schinhofen

referred to the deal with VEA on Homestead and Manse to cut the bamboo down and the County would rip it out. He asked to have that done before it grew back and blocked the view again.

Commissioner Koenig

asked what the two areas that bowed on Highway 160 by the Dollar Store were for. One person kept calling him and asking why there were bus stops and Commissioner Koenig told him they were not bus stops.

Mr. DahI

believed those were NDOT’s rendition of school bus stops. They gave the kids a place to get picked up without being in the direct travel lane yet everyone still stopped. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board. BROTHEL

Commissioner Borasky

said he had talked to the District Attorney yesterday afternoon about the wording on these items. MarIa Zlotek asked if the Sheriff was present. When Janice Maurizio advised the Sheriff was en route, Commissioner Borasky suggested skipping items 11-16 until the Sheriff was present. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. December 5, 2017 BOARD OF COMMISSIONERS

Commissioner Wichman

made a motion to add Mackenzie Musselman to the Round Mountain Town Board; seconded by Commissioner Koenig; 5 yeas.

Commissioner Wichman

made a motion to reappoint Donna Motis, Buddy Percheffi and Theodore Schuff, and add Stretch Baker to the expiring term; seconded by

Commissioner Koenig

; 5 yeas.

Commissioner Wichman

made a motion to appoint Maureen Ames and Richard Glassow; seconded by Commissioner Koenig; 5 yeas. December 5, 2017

Commissioner Wichman

made a motion to appoint Shari Bombard, Randy McLean, Michael Sam, Phyllis Sorhouet, Allen Metscher, Cindy Kaminski and Harris Brokke; seconded by Commissioner Koenig; 5 yeas.

Commissioner Wichman

made a motion to appoint Ray Dummar and Charles Gentry; seconded by Commissioner Koenig; 5 yeas.

Commissioner Wichman

made a motion to appoint Erika Gerling and Randy Reed; seconded by Commissioner Koenig; 5 yeas.

Commissioner Wichman

made a motion to appoint Richard Glassow and David Harris; seconded by Commissioner Koenig.

Commissioner Borasky

asked if only two of the five members were being appointed.

Commissioner Wichman

said yes because there were only two applications. Sam Merlino confirmed for Commissioner Borasky that no other applications were presented and said her office advertised twice.

Commissioner Schinhofen

asked if she would advertise again, to which Mrs. Merlino responded if that was the Board’s desire.

Commissioner Wichman

advised the Town of Tonopah stepped forward to try to assist with some funding needed for their community ambulance service, but she was not sure beyond that last town meeting where this was going. Contracts that were being proposed to the hospital district were still up in the air and she hoped the contracts with December 5, 2017 Renown and REMSA would be approved. Commissioner Wichman said she would meet with a Clark County commissioner later this month who had been able to get some help from Nellis, and there would be another opportunity in March to be back before the individuals who made decisions on funding for the nation and military to use Nye County as part of those operations. Commissioner Wichman stated this item would remain on the agenda as options were explored and solutions were sought. Vance Payne, Emergency Services Director, said there was good news. The County Finance Department and Logistics Officer went to the factory in Washington and interacted with their finance, engineers and line people, and Mr. Payne thought the County would see three of the finest ambulances in the region. However, the company that built the cot would not warrant it being moved to the new ambulance, so Mr. Payne said they were encouraging the insurance company that needed to be included as a brand new one would cost $40,000.00. Mr. Payne anticipated the first ambulance to arrive by Christmas or a little after and the others should be here by March.

Commissioner Wichman

said she had been receiving a lot of input from community members who wanted to know what their taxes were paying for if they could not call 911 and get an ambulance. She wanted people to understand that nowhere on the tax bill was anyone paying for EMS as emergency services were not a requirement of county government. Mr. Payne had stepped to the plate over the years trying to coordinate, train and license to get the groups in the communities up and running, but it was a community effort, not a Nye County effort. The tax money used to provide those services through EMS were from an enterprise fund, so when someone took a ride in an ambulance and the insurance company was billed $1,500.00 for that service, it may result in $1 50.00 reimbursement that went into that enterprise fund. That money was used to pay the stipend that went to the volunteers. What Nye tried to do was find some support through state and federal agencies that use 98% of the County land mass and attract partners to help support the funding on a recurring basis so the County could provide more for its communities.

Commissioner Schinhofen

commented that this had always been a topic on the many trips he took this past year back to Washington, D.C. and up to Carson.

Mr. Payne

thanked the volunteers, Tim Sutton, Savannah Rucker and Lorina Dellinger for their efforts, and gave a special thanks to the Tonopah Town Board. He advised there were four volunteers coveting the time in Tonopah tight now, and for the month of December they were out of service mote than in service with the week of Chtistmas being critical. They were reaching out to various agencies to try and find some coverage, including unlikely partners from down south. On a positive note, Mr. Payne said there had not been any ambulance service in Railroad Valley for 11 years, but before 2018 was over he believed there would be an ambulance in one of the most underserved areas in Nevada. December 5, 2017 The Board took a brief recess.

Commissioner Cox

was not present. HIR AND RISK MANAGEMENT

Commissioner Schinhofen

advised this item did need to be pulled as there was a problem with the wording and concerns from the union.

Commissioner Cox

was present. TIMED ITEMS-Cont’d. 8. 11:00 — For Possible Action: 8a. For Possible Action Discussion and deliberation on Medical Mariiuana Establishment Annual License Renewal Application MM-2017-000044: a request to renew a Medical Marijuana Establishment License for a medical marijuana cultivation facility, located at 950 E. Anvil Road, Amargosa Valley, NV. Assessor Parcel Number 019-751 -03. Acres Cultivation, LLC Property Owner. Acres Cultivation, LLC I Paris Balaouras Applicant. 8b. For Possible Action Discussion and deliberation on Medical Marijuana Establishment Annual License Renewal Application MM-2017-000045: a request to renew a Medical Marijuana Establishment License for a medical marijuana production facility, located at 950 E. Anvil Road, Amargosa Valley, NV. Assessor Parcel Number 019-751-03. Acres Cultivation, LLC Property Owner. Acres Cultivation, LLC I Paris Balaouras Applicant. Darrell Lacy, Planning Director, was present with Brett Waggoner, Assistant Planning Director. Mr. Lacy explained items 8 and 9 were for Acres and his comments would apply to both items. They had been a licensed medical marijuana establishment and were currently expanding in Amargosa. There were some past issues with payment of license fees and internet connectivity for the cameras to the Sheriffs Office, and this license had been on probation by the State. Mr. Lacy thought things were in good shape now, but they had not been able to do a recent inspection and there was a possibility they were late paying the most recent month’s license fees. Mr. Lacy said if the Board approved it he would like it conditioned upon a staff visit to make sure they were compliant with all conditions of their security plans as well as current on fees.

Commissioner Koenig

said one of the problems he had was neither the County nor the Town of Amargosa had seen any money from them. They were growing and shipping December 5, 2017 8a. For Possible Action Discussion and deliberation on Medical Marijuana Establishment Annual License Renewal Application MM-201 7-000044-Cont’d. 8b. For Possible Action Discussion and deliberation on Medical Marijuana Establishment Annual License Renewal Application MM-201 7-000045-Cont’d. to their subsidiary in Las Vegas and circumventing the County and town getting money. He asked if that had been fixed or if it would be fixed because if they continued to do that he was going to have a real problem with the next item. Paris Balaouras, founding partner of Acres stated everything had been paid in full to the town after a misunderstanding in percentages was cleared up. He noted Acres employed 18 people and would have another 50 this year as far as item 9 was concerned. Acres was also paying to send eight students on a trip and secured $4,000.00 for the VA as well. Mr. Balaouras thought they were a great partner for the corn mu n ity. Pat Minshall, Amargosa Town Board member, disagreed with Mr. Balaouras. She explained that over the last several months the town had to send letters and make phone calls to request the money they had promised to give for each pound they grew. It was not until a week and a half ago when they were sent a threatening letter listing all actions the town board would take if they did not pay that a response was received in two hours that a check was in the mail. Ms. Minshall said the town wanted to keep the income from this facility and perhaps other facilities as it would be a boon to the community, but she would like to see better cooperation from them. John Bosta reminded the Board of the County comprehensive plan which stated in section 2.11 that the County was to defer to those towns with adopted or approved land use plans for goals, objectives, and policies for the land use and planning activities of those areas. He said the County Planning Department came up with use permits and was applying zoning ordinances in Pahrurnp to Amargosa Valley, and the Planning Department did not refer these issues to the Amargosa planning department. Therefore, items 8 and 9 should be removed from the agenda and the issues sent back to Amargosa for the town to negotiate the contracts and the issues. Mr. Bosta felt the County was overstepping its bounds and should stop immediately on items 8 and 9.

Commissioner Schinhofen

noted when the SUP5 went in place the County heard from the town board and they negotiated with Mr. Balaouras. He asked Mr. Lacy to speak to

Mr. Bosta’s

comment about stopping right now.

Mr. Lacy

explained that under state law Nye County had exclusive jurisdiction in zoning. The Planning Department did look for input and comment from the advisory planning boards, but the board in Amargosa did not have the ability to supersede what the County had for the SUP process for marijuana through any State or local laws. Mr. Lacy also pointed out this was the annual renewal of the licenses, not a special use December 5, 2017 8a. For Possible Action Discussion and deliberation on Medical Marijuana Establishment Annual License Renewal Application MM-2017-000044-Cont’d. 8b. For Possible Action Discussion and deliberation on Medical Marijuana Establishment Annual License Renewal Application MM-2017-000045-Cont’d. permit application, and one of the conditions to have the licenses was having a valid SUP, which Acres had and Amargosa had input into when granted in 2014. Dwight Lilly hoped the Board would put items 8 and 9 on hold until the District Attorney’s Office looked into it because in his research it looked like Mr. Lacy was erring in the way he viewed Amargosa Valley and their elected town board. Mr. Lilly said the towns had certain rights and authority vested in them and this did not look like an advisory planning department to him. It was a planning department of a duly authorized town in Nevada. Herman Lewis said lithe goal of the Commissioners was to make things better and get community participation without hostility they should allow responses during public comment.

Commissioner Koenig

made a motion to give a 90-day license renewal for Acres Cultivation conditioned on a staff visit as requested by Mr. Lacy, no missed payments to the Town of Amargosa or the County of Nye for those 90 days, and assure that the proper procedures were set up so payments were not missed in the future; seconded by

Commissioner Borasky

asked Mr. Balaouras if he was shipping this material to Las Vegas or wherever as medical marijuana or recreational marijuana.

Mr. Balaouras

responded it could only be medical.

Commissioner Ccx

said she sent some information this morning and would like to see this continued so that information could be verified. Also, just out of common courtesy she would like this sent back to the Amargosa Town Board to have their input.

Commissioner Cox

asked for consideration of changing or removing the motion to allow the District Attorney to look into it.

Commissioner Wichman

said the motion was to give 90 days so her second would stand as that gave plenty of time to do that.

Commissioner Koenig

said his motion stayed as it was three months and that would give Amargosa time to look at it as they only met once a month. Meanwhile these people were still in business. December 5, 2017 8a. For Possible Action Discussion and deliberation on Medical Marijuana Establishment Annual License Renewal Application MM-2017-000044-Cont’d. 8b. For Possible Action Discussion and deliberation on Medical Marijuana Establishment Annual License Renewal Application MM-2017-000045-Cont’d.

Commissioner Koenig

made a motion to give a 90-day license renewal for Acres Cultivation conditioned on a staff visit as requested by Mr. Lacy, no payments to the Town of Amargosa or the County of Nye were missed for those 90 days, and assure that the proper procedures were set up so payments were not missed in the future; seconded by Commissioner Wichman. John Bosta asked four questions: did Acres Cultivation make an application to the Amargosa Town Board planning committee; did the Amargosa planning committee approve and recommend those applications to the town board; did the town board approve the two applications; and was a letter sent from Amargosa to the County stating its approval. He told Mr. Lacy that the Town of Amargosa had an ordinance for licensing and business licenses and the County had no authority. Mr. Bosta believed the County was overstepping its jurisdiction and was not following its own comprehensive plan.

Commissioner Wichman

pointed out this was a licensing issue, not a zoning issue. Paris Balaouras thanked the Board for the opportunity to place corrective measures and guaranteed they would not miss any payments. They were working with Mr. Lacy to make sure it all happened correctly from now on. December 5, 2017 9a. For Possible Action Discussion and deliberation on Special Use Permit Application SU-201 7-000029-Cont’d. 9b. For Possible Action Discussion and deliberation on Special Use Permit Application SU-2017-000031-Cont’d.

Commissioner Koenig

made a motion to give them a 90-day license renewal and in that 90 days he wanted to see plants, not one or two leaves, and staff would walk the facility before that time was up to see that something was actually being done; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Wichman

asked what those additional opportunities were.

Mr. Lacy

said the County’s ability to have enforcement and compliance responsibilities was very clear in this new agreement, although it was not exclusive as the State could still do their enforcement and compliance inspections. Since Nye took over the December 5, 2017 33. For Possible Action Discussion and deliberation regarding approval of an Interlocal Agreement with the State of Nevada Manufactured Housing Division to provide services for an additional 5 years for inspections on manufactured housing. This agreement is funded from 10254 Building Department.-Cont’d. installation inspections in the County the State had done this in other rural counties and reduced their staffing at the State level. Mr. Lacy thought the County having that ability was important.

Commissioner Wichman

asked if Mr. Lacy or Charles Abbott had the staffing to fulfill the needs of the County as some of her constituents had waited as long as eight months to get their inspection to get their power hooked up.

Mr. Lacy

said he was not aware of that situation. He explained one of the reasons the County took this over was the delays in getting inspections from the State. They used Charles Abbott because of their ability to bring on additional staffing and coordinate with their staff in other states and counties. Mr. Lacy said had he been aware of that type of delay he would have taken care of it immediately and asked for the specifics after the meeting so he could look into it.

Commissioner Koenig

made a motion to approve the interlocal agreement with the State of Nevada Manufactured Housing Division; seconded by Commissioner Wichman.

Commissioner Cox

asked if these inspections would apply to just the new modulars that were going in or to the existing ones. She was also concerned about going onto people’s property and inspecting.

Mr. Lacy

said the inspections for a new install permit or a building type permit for a modification were required moving forward. Any manufactured home that did not have a sticker in it had not been inspected and was essentially illegally occupied. He advised Code Compliance worked off of complaints, so as far as residential structures they would only go if a complaint was received, but they were not looking for these types of activities.

Commissioner Cox

asked if a commercial property was inspected and violations were found if they would be shut down.

Mr. Lacy

said no, but if there was a serious unsafe situation they did have the ability to shut someone down. However, that was an exception rather than the rule.

Commissioner Cox

said she had some real issues with this and did not think the County should be going on other people’s property unless someone could prove the complaint.

Commissioner Koenig

pointed out the County had been doing this for quite a few years now. The alternative was to not enter into this agreement and let the State do it, but people would wait forever. Also, if there was a complaint and the State came in December 5, 2017 33. For Possible Action Discussion and deliberation regarding approval of an Interlocal Agreement with the State of Nevada Manufactured Housing Division to provide services for an additional 5 years for inspections on manufactured housing. This agreement is funded from 10254 Building Department.-Cont’d.

Commissioner Koenig

believed the State would be a little harder than the County would be and he would much rather see the County do it. John Bosta said the State inspected mobile home tie-downs and foundations, which was what the County was taking over with this agreement.

Commissioner Koenig

made a motion to approve to fill; seconded by Commissioner Wichman; 5 yeas. 30. For Possible Action Discussion and deliberation to fill a vacant Dispatcher Position, #10022-015 in the Sheriff’s Office effective March 10, 2018 due to the employee resigning effective December 3, 2017.

Commissioner Koenig

made a motion to fill the vacant dispatcher position; seconded by

Commissioner Wichman

adding effective March 10, 2018.

Commissioner Koenig

did not agree with that, so Commissioner Wichman withdrew her second.

Commissioner Koenig

pointed out the gap would result in being down a dispatcher and he did not want that to happen.

Commissioner Koenig

restated his motion to fill the vacant dispatcher position immediately; seconded by Commissioner Wichman. December 5, 2017 30. For Possible Action Discussion and deliberation to fill a vacant Dispatcher Position, #10022-015 in the Sheriffs Office effective March 10, 2018 due to the employee resigning effective December 3, 2017.-Contd. Savannah Rucker stated if the position was filled before the accruals were realized it would likely have to be augmented.

Commissioner Schinhofen

countered that if it was not filled it would cost them overtime and they would end up in the same position.

Commissioner Borasky

assumed the Chair of the Licensing and Liquor Board.

Sheriff Wehrly

was present. BROTHEL 11. For Possible Action Follow up and Advise the status of Sheri’s Ranch, located at 10551 S. Homestead Road, Pahrump, NV 89048. Mr. Charles Lee is the owner.-Cont’d. Maria Zlotek advised while the item said action, it appeared to be a presentation of status so any action taken would be limited.

Sheriff Wehrly

said Mr. Connot raised some legal issues with the ordinance. Referring back to the request for cards for the owner’s licensees, Mr. Connot did send quite a bit of information, but the Sheriff’s Office was not able to use it in the format he sent it. They needed actual cards for fingerprints and the cards were not sent. It was all faxed and/or scanned information. As far as the photographs asked for, Sheriff Wehrly said one sent in a passport photo which she could use, but the rest were of the driver’s license photos and while she could use that for identification, she could not use that to give them a card.

Commissioner Schinhofen

believed cards for the licensees were asked for, but they were not all licensees per the Code.

Sheriff Wehrly

said that was one of the issues, what was a licensee.

Commissioner Schinhofen

said they did send what was asked for and asked Sheriff Wehrly if she wanted the District Attorney to speak with Mr. Connot and bring it back.

Sheriff Wehrly

said yes as it needed to be clarified. December 5, 2017 11. For Possible Action Follow up and Advise the status of Sheri’s Ranch, located at 10551 S. Homestead Road, Pahrump, NV 89048. Mr. Charles Lee is the owner.-Cont’d.

Commissioner Koenig

said after that discussion was done he wanted to be sure the District Attorney re-wrote the Code so this did not happen again.

Ms. Ziotek

stated they were aware of the legal issues and had been working on the proposed changes to Title 9.

Commissioner Wichman

said all she wanted to see at one time was ownership and applicant licensing, and she wanted to see future changes one at a time.

Commissioner Borasky

asked that a time limit be put on it that could be upheld by the District Attorney’s Office to get the re-write done.

Commissioner Schinhofen

suggested March if something could get agendized in January to be heard in February. He thought the County would have to go out for business impact statements again in the meantime.

Sheriff Wehrly

suggested having an item for the draft at the second meeting in February.

Ms. Zlotek

said her office would work diligently to get it done as quickly as possible.

Mr. Kenneth

Green is the owner. Janice Maurizio from the Sheriff’s Office and Sheriff Wehrly confirmed the Chicken Ranch had met all requirements as requested.

Commissioner Wichman

said the problem with the way these two items were written was they did not give the information to the public of what the action was or expected. It did not identify it as a presentation or an update to the Board for its questions.

Commissioner Borasky

thought the best thing on this one was to have another item brought forth with all of the information and agendized properly. He asked Maria Zlotek to review that before it was put back on the agenda.

Commissioner Borasky

asked for the status of the applicant.

Sheriff Wehrly

advised they met all requirements and were ready to go.

Commissioner Wichman

made a motion to approve a permanent retail liquor license; seconded by Commissioner Koenig. Janice Maurizio and Sheriff Wehrly confirmed for Commissioner Koenig they had their health certificate and occupancy permit.

Sheriff Wehrly

said everything was in order.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Koenig.

Commissioner Koenig

asked if the clearance in the State was done.

Sheriff Wehrly

said the fingerprints came back from the State on November 16, 2017, but at the time the agenda item was put together they did not have them.

Commissioner Koenig

said he did not understand the last sentence requesting adding him on the existing liquor license since this was an agenda item to issue a liquor license. Janice Maurizio said she may have written it up incorrectly. He was a partner, and one of the other partners dropped out, so this paperwork was about adding him to the existing liquor license.

Commissioner Koenig

stated it was not agendized correctly.

Commissioner Wich

man withdrew her motion. Maria Ziotek said that was correct and the recommendation would be to bring this back agendized properly due to the inconsistency of the agenda item to the back-up. December 5, 2017 14. For Possible Action Discussion and deliberation to issue a Retail Liquor License to Wings N Things, located at 1301 S. Loop Road, Pahrump, NV 89048. Heath Campbell is the Applicant.-Cont’d.

Sheriff Wehrly

said they were compliant.

Commissioner Wichman

said she understood this was to just bring the Board up to date on the actions taken by the Sheriff’s Office.

Sheriff Wehrly

said that was correct.

Commissioner Wichman

pointed out the agenda item indicated the bar was re inspected by Detective Sehnert and reopened temporarily on November 15, 2017. While the Sheriff was within her right to close it, Commissioner Wichman said the Code stated there was no way to reinstate a suspended license without a hearing before this Board. She asked Sheriff Wehrly if she issued the reopening authority on her own.

Sheriff Wehrly

said no. She went to the Chairman of the Licensing and Liquor Board.

Commissioner Wichman

asked the Sheriff if she could show where he had the authority to do that.

Sheriff Wehrly

said no, but she was sure Commissioner Borasky took it upon himself to do that so the people would not lose money.

Commissioner Wichman

said this was for a liquor license and asked if the public was at risk because there was an outdated health inspection on the facility.

Sheriff Wehrly

said it was an actual health inspection on the facility to determine that it was a sanitary environment for people to put things in their bodies.

Commissioner Wichman

said that was not the same thing as inspecting a brothel and finding a working girl without a medical card. To her that was a health risk, not a liquor establishment not having a health certificate. She understood the Sheriff was within her authority, but having it reinstated was an action of this Board and the Sheriff could not put the Chairman in the position to be out there on his own. The Code must be adhered to.

Commissioner Borasky

asked if this was the one that temporarily misplaced their health certificate. December 5, 2017 15. For Possible Action Advise the Closure, Temporary Reinstatement of the License of the Vince Neils’s Tatuado Wildside, located at 2101 E. Gamebird Road, Pahrump, NV $9048-Cont’d.

Sheriff Wehrly

said this one did not have a health certificate and got one as soon as they could.

Commissioner Schinhofen

asked to see the health certificate. He then asked the District Attorney if this was agendized to allow the Board to take a vote on whether to reinstate it. Maria Ziotek said no and based on the information just received it would be the recommendation that the next agenda have an item for corrective action for reinstatement by the Board as it appeared that action was not taken by the Board.

Commissioner Schinhofen

felt it should still be suspended until this Board voted and he would want it to stay suspended.

Commissioner Borasky

stated the Sheriff would have to tell them to close it down.

Mr. Michael

Debauche is the owner.

Commissioner Borasky

said the same problem existed with this item so no action could be taken on it either until it was re-agendized. He asked the Sheriff to notify all the bars in town about the requirements as apparently some of them were not aware of it.

Commissioner Schinhofen

asked if the servers got cards also as the Code said it was illegal for anyone to serve alcohol without obtaining a card.

Sheriff Wehrly

said she would have the servers get cards as well. Mike Debauche, owner of Irene’s Casino, said he never received a letter saying this was required. He talked to the Sheriff’s Office and they said a gaming card was sufficient and all he needed.

Commissioner Schinhofen

understood they could not get reinstated until they got agendized, but said the whole business did not have shut down. They just could not serve alcohol. Maria Zlotek asked if the license was revoked or suspended.

Sheriff Wehrly

said it was suspended. December 5, 2017 16. For Possible Action Advise the Closure, Temporary Reinstatement of the License of the Irene’s Casino, located at 820 East Street, Pahrump, NV 89048.

Mr. Michael

Debauche is the owner.-Cont’d.

Ms. Ziotek

advised an agenda item should be brought back at the next meeting or a special meeting to address reinstatement if that was appropriate based on the facts.

Commissioner Wichman

said the question was if they could continue to operate the rest of their business and just not serve alcohol as it was their liquor license that was suspended.

Ms. Ziotek

believed so, but she would have to look at the Code to be sure that would not affect any other license. Leo Blundo said to the best of his knowledge the gaming license was tied to the liquor license. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of County Commissioners. 6. Commissioners’/Manager’s Comments (This item limited to announcements or topicslissues proposed for future workshopslaqendas-Reopened.

Commissioner Wichman

said there were some follow up actions the Board was looking for, one of which was action taken on August 1, 2017, regarding Dennis Hof’s Love Ranch and the Watering Hole. Gaming and liquor licenses were applied for, which were approved for renewal on that date, but that business was not open.

Commissioner Schinhofen

said it was Mable’s Bar and Brothel Museum.

Commissioner Wichman

noted in her conditional approval for Mable’s brothel license it was required to be opened and Mr. Hof said he would open it within 60 days. If it did not become operational within 60 days then the license would be revoked. She asked

Sheriff Wehrly

if she had taken any action to revoke that license as it was up now.

Sheriff Wehr

)y said she had been talking with the District Attorney about that. Her office did go out to inspect the brothel on December 2, 2017, but the District Attorney asked to delay that until Monday. Sheriff Wehrly said she had now been asked to delay it until Wednesday.

Commissioner Wichman

asked if the Sheriff sent a courtesy letter as according to the Code it was automatically revoked in 60 days with no opening.

Sheriff Wehrly

said no because she was going to do an inspection. December 5, 2017 6. Commissioners’IManaqer’s Comments (This item limited to announcements or topics/issues proposed for future workshopslagendas-Reopened.-Cont’d.

Commissioner Wichman

noted that also done on August 1, 2017, was Dennis Hof’s Love Ranch Crystal Watering Hole which was attached to the same building just discussed so it was automatically revoked as well.

Sheriff Wehrly

stated she could not attest to whether it was opened or closed. There was a notice on the door that said they were open on Sundays from 12:00 p.m. to 4:00 p.m., but when they went back to do an inspection last Sunday they had changed it from Sundays to Saturdays.

Commissioner Wichman

said she was just asking if a courtesy notice was given saying their license was revoked as of October 1, 2017.

Commissioner Wichman

then discussed a copy of a letter she was given that the Sheriff sent to business owners looking for work cards and asking for $25.00 each. She asked if that was the charge for a work card for a bartender.

Commissioner Wichman

asked if that was the charge for a work card in a brothel.

Mrs. Maurizio

said that was $150.00.

Commissioner Wichman

said Ms. Maurizio signed the letter, which was dated December 4, 2017, but the letter did not say who it was sent to.

Sheriff Wehrly

said that was sent to all of the liquor establishments, including brothels which had liquor licenses.

Commissioner Wichman

suggested they separate the liquor licenses from the ones held in the brothels as the fees were different.

Commissioner Schinhofen

took this opportunity to ask the public to not let his head shaking or nodding, or his facial expressions, interrupt them while they were speaking under general public comment. He then referred back to the October 3, 2017, meeting where Dennis Hof alleged he would sue the County in federal court because of his signs on his property. Commissioner Schinhofen advised that since then he had the surveyor go out and the signs were in the County right-of-way. He asked Public Works and Planning to clear the right-of-way. December 5, 2017

Commissioner Borasky

was not present. Dwight Lilly said he went to the Town of Pahrump’s Web site to get the 2017 financial statements and there were none posted. He asked to have those statements made available to him as soon as possible. Secondly, regarding a previous agenda item that had been removed to purchase property for hundreds of thousands of dollars, Mr. Lilly noted there was only one appraisal made even though it was standard practice to have two when a public body bought property in excess of $200,000.00. Mr. Lilly said he was concerned about the spending of Town of Pah rump money because the voters voted to eliminate an elected town board and the Commissioners took over that job, but he was not seeing a lot of cooperation to the public as far as what was going on with the town’s money. Zachary Hames from Bear Enterprises appearing for Dennis Hof said he believed

Commissioner Wichman

was mistaken on the date. He had the minutes from the October 3, 2017, meeting, and the 60 days would have brought him to December 2, 2017. He said his bar had been in compliance since two days after that meeting, and the brothel was in compliance before that 60 days was up. Herman Lewis asked the Board to stop blatantly persecuting Dennis Hof. Horace Carlyle encouraged the Commission to look at the minutes for the Town of Tonopah workshop on July 27, 2016. In the fourth paragraph on page 2 Vance Payne made a comment that in order to even start correcting the rural Nye County emergency services NRS 450B had to be worked on because that constrained what he could allow to be done in rural Nevada as compared to Pahrump. 6. Commissioners’IManager’s Comments (This item limited to announcements or topics/issues proposed for future workshopslagendas)-Reopened. Savannah Rucker explained the audit for the Town of Pahrump was currently underway. It would be wrapped up and presented to the Board before December 31, 2017, for approval and that was when the information would be available to the public. She said they were not posted until they were agendized and approved by the Board.

Commissioner Schinhofen

said he was informed just yesterday that Bob Grossbeck was donating $2,000.00 to the VFW well. Acres Cultivation was also donating $2,000.00 as was Morales Construction. December 5, 2017

Commissioner Schinhofen

adjourned the meeting. APPROVED this ATTEST: Of________________________ 2018.

Chair Nye

)Couty Clerk I Deputy