February 20, 2018

Commissioner Wichman

made a motion to approve the minutes of January 20, 2018, January 16, 2018, and January 24, 2018: seconded by Commissioner Borasky; 4 yeas. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Koenig

advised Commissioner Schinhofen had a medical issue and was instructed to stay home.

Commissioner Wichman

told Harry Baut that she checked after receiving his letter and there were no violations, ethical or otherwise. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Koenig

assumed the Chair of the Board of Highway Commissioners

Commissioner Koenig

asked if there would aprons going into the VFW.

Mr. Dahl

said driveways would go in.

Commissioner Borasky

asked Mr. Dahl to be sure that the next contract for road work contain some provisions about flagging and things like that. He said he noticed on more than one occasion coming up to the intersection of Homestead and Manse while they were working on it that the public was being unnecessarily delayed on crossing the intersection or turning the corner. It appeared to him the flaggers did not know what they were doing. February 20, 2018 11, General road report by Acting Public Works Director.-Cont’d a I

Commissioner Koenig

said he received another call from the gentleman about the bamboo on Bannavitch.

Mr. Dahi

said it was on the schedule and they just had not been able to get to it. SITTING AS THE NYE COUNTY LICENSING AND LIQUOR BOARD

Commissioner Wichman

assumed the Chair of the Liquor and Licensing Board. BROTHEL

Commissioner Borasky

advised there may be a conflict of interest on his part. NRS 281A.420 required him to disclose a conflict of interest. An order to show cause had been scheduled regarding various violations of county ordinances. It had come to

Commissioner Borasky’s

attention that Mr. Hof and other individuals filed a lawsuit against him in his personal capacity. He had not been served, but he was aware of its content and denied any of those allegations. Commissioner Borasky stated he took his obligations as a public officer very seriously and believed he could vote without being materially affected by the lawsuit. However, he also believed the public perception could be that his vote would be materially affected by the lawsuit. Commissioner Borasky did not believe it would be in the best interest of Nye County for him to vote on this order to show cause so he would abstain from voting on this matter and leave the room.

Commissioner Borasky

was not present.

Sheriff Wehrly

stated NRS 281A.420 required her to disclose a conflict of interest and the matter before this body affected her interests. A few days before this order to show cause was scheduled to occur on February 6, 2018, Mr. Hof filed a lawsuit against Nye County as well as her, although not in her personal capacity. Sheriff Wehrly also denied every allegation made against her and believed that would be borne out by the litigation. She said she took her obligations as a public officer very seriously and believed she could vote without being materially affected by the lawsuit, but regrettably she also believed public perception would be that her vote today might affect the litigation. While February 20, 2018 12. 10:00 — For Possible Action — Disciplinary hearing, discussion and deliberation pursuant to Nye County Code 9.20.170 and as described in the Notice of Hearing dated and served on January 26, 2018, to determine whether the Nye County Licensing and Liquor Board shall impose possible sanctions against Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, a Brothel License.-Cont'd.

Sheriff Wehrly

believed it was in the best interest of Nye County for her to vote on this order to show cause, she would not be voting. She would abstain and leave the room.

Sheriff Wehrly

was not present.

Ms. Bruch

reviewed the procedural requirements. Once an order to show cause was noticed the responding party needed to provide a written statement and needed to appear before the Board to present evidence. Ms. Bruch stated since there was no written statement provided by Mr. Hof or his attorneys, that constituted an admission by the respondent of all facts alleged in the charging incident and now was the time to decide sanctions.

Commissioner Wichman

opened the public hearing. Marc Risman, speaking on behalf of his client Dennis Hof, stated he had a little bit of a different interpretation of the statute than Ms. Bruch. He thought it was deemed admitted if there was neither a written response nor an appearance. Mr. Risman thought what happened was at the time these were filed and for a period of ten days thereafter the allegations were accurate as they were drafted. However, with the cooperation of the Sheriff's Office, and as time advanced until this hearing, remedial steps had been taken, and in at least one incident completed, which made these matters moot. For example, on the BLM violation Mr. Hof had obtained a lease from the BLM for that particular piece of land.

Ms. Bruch

advised this was the time for Mr. Risman to address whether he would deem them admitted or not, and then Mr. Hof could present whatever information he wanted.

Mr. Risman

said his contention was they were accurate at the time, but actions on the part of Mr. Hof had since made them in Mr. Risman’s opinion no longer in violation as of today.

Commissioner Wichman

said the only thing the Board would hear about was possible mitigation measures or whatever the Board chose to do for sanctions, and then an opportunity to talk about those sanctions.

Ms. Bruch

advised that since two people recused themselves, this was now a four person board. Although Commissioner Schinhofen was not present, he was not recused and did not abstain so it remained a four person board. February 20, 2018 12. 10:00 - For Possible Action — Disciplinary hearing, discussion and deliberation pursuant to Nye County Code 9.20.170 and as described in the Notice of Hearing dated and served on January 26, 2018, to determine whether the Nye County Licensing and Liquor Board shall impose possible sanctions against Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, a Brothel License.-Cont’d.

Commissioner Koenig

made a motion to suspend the license until he was in complete compliance with everything discussed.

Ms. Bruch

suggested before a motion was made that witnesses be allowed, the Board discuss the facts presented, and then allow Mr. Hof an opportunity to respond to what he thought the sanctions should be.

Commissioner Koenig

withdrew his motion. Chief Deputy Clerk Rachel Aldana swore in Dennis Hof and Zachary Hames. Dennis Hof stated the signs on the corner of Ranch and Appaloosa had nothing to do with the Love Ranch and the Love Ranch should not be involved in this at all. Those signs were for the brothel he turned in the license for which was now going to be the brothel museum. The other signs were for the Cherry Patch and the BLM gave hima ten year lease on the property.

Commissioner Wichman

asked Mr. Hof for his suggestion as to what he would like the Board to do as a mitigating factor in this.

Mr. Hof

said the mitigating factor to him was it should not have been on the agenda in the first place as those signs had nothing to do with the Love Ranch.

Mr. Risman

said Mr. Hof's point was that the signs did not have anything to do with it. If they were involved, then they were on BLM land without authority, and that had been mitigated and remedied by the lease with the BLM, which Mr. Risman understood was submitted to the Sheriff as soon as it was obtained. Zachary Hames, Mr. Hof’s chief executive assistant, asked for time for CivilWise to give them the information to eliminate the right-of-way and merge the property lines. He suggested a conditional renewal on the brothel license until that came before the Board. He said those were the only two items he was aware of served on the show cause.

Commissioner Wichman

said another item on the show cause was the stickers. She explained that in order to get a sticker there had to be a certificate of occupancy. Without that sticker they did not have buildings considered safe for the public.

Mr. Hames

explained when they first got the information about the stickers they went directly to Manufactured Housing and asked what had to be done. They were told they February 20, 2018 12. 10:00 — For Possible Action — Disciplinary hearing, discussion and deliberation pursuant to Nye County Code 9.20.170 and as described in the Notice of Hearing dated and served on January 26, 2018, to determine whether the Nye County Licensing and Liquor Board shall impose possible sanctions against Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, a Brothel License.-Cont'd. were asking for a HUD compliance sticker, but since it was for commercial use it would not be a HUD compliance sticker and they were referred to the State Fire Marshal. That information was sent to the County when they purchased the building seven years ago and showed the State Fire Marshal did not see an issue as there was no new construction.

Commissioner Wichman

pointed out in order to merge the properties at least 120 days was needed should the Board decide to give them time to figure that out. She felt that should be plenty of time to address all of the issues to protect the health, safety and welfare of the public.

Ms. Bruch

said Mr. Hof could have provided information in a written statement regarding the Fire Marshal. If he were to ask for more time to provide something from the Fire Marshal that stated stickers were not necessary than that was something the Board could take into consideration.

Mr. Hof

stated he would like to do whatever the Board felt needed to be done and they would like to have that time. He said he was just notified of this on February 2, 2018, and they went right to work on what he was asked to do.

Mr. Risman

said it seemed several of these issues, particularly issues two and three, dated back to prior licensing from maybe less diligent boards that allowed this to continue. He noted that the main purpose of privilege license vetting was to make sure the licensing body knew and understood who was receiving proceeds from the special privilege businesses. Mr. Risman understood that there was currently under consideration by this Board, or recent action by this Board, to forgive lapses by prior boards where there had been non-applicants who held equity interests in other privilege licenses.

Commissioner Koenig

asked what the relevancy of that was.

Mr. Risman

said that was relevant because they were requesting to be given a little time to continue operating as have other restricted licenses in the County.

Commissioner Koenig

said the whole problem could have been solved months ago if someone would have called him when he asked them to. He pointed out that CivilWise was contacted at the end of January, but Mr. Hof had been aware of this for months.

Commissioner Koenig

said he had an ethical problem when he found out there could be a problem that endangered other people's lives when they were in the facility. February 20, 2018 12, 10:00 — For Possible Action — Disciplinary hearing, discussion and deliberation pursuant to Nye County Code 9.20.170 and as described in the Notice of Hearing dated and served on January 26, 2018, to determine whether the Nye County Licensing and Liquor Board shall impose possible sanctions against Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, a Brothel License.-Cont’d.

Mr. Hof

reiterated they got the notice on February 2, 2018, that there as a problem with the right-of-way going through the property. They did what they needed to do and it was in process. Mr. Hof noted it had been like that for 40 years and it was never a problem, and it was not a problem seven years ago when it was inspected. He said they would remove the right-of-way as well as the property line and make it one big piece of property. As far as the signs, he said they had nothing to do with the Love Ranch.

Commissioner Koenig

said the signs were not an issue now that they had been taken care of.

Commissioner Wichman

referred to a statement Mr. Hof made on his water rights in October, 2017, where Mr, Hof said he was aware of the two parcels and the road right- of-way from the past.

Mr. Hof

responded he was aware of it but did not think it was a problem as it had been that way for 40 years.

Commissioner Wichman

said she had asked Mr. Hof repeatedly to know the Code all through 2017. It was apparent to her that he simply ignored the Board until he was called on something or threatened with losing something.

Commissioner Schinhofen

was present via telephone. He stated that because Mr. Hof was suing him personally in a lawsuit, and to withstand any kind of future lawsuits that may be used to say he was prejudiced even though he voted for his renewal at the last meeting, he would recuse himself from this meeting.

Commissioner Schinhofen

was not present.

Ms. Bruch

advised this was now a three member board. She further advised it was her understanding that the issue about the stickers had been going on since at least last August so the idea they did not know unti! February 2, 2018, that those were going to be an issue was not necessarily accurate as reflected by the record.

Mr. Hames

reiterated his suggestion of a provisional renewal so he had time to deliver the information from the State Fire Marshal’s Office as well as the correspondence he had with the Manufactured Housing Division and the Fire Marshal's Office on the sticker issue, and to let CivilWise do that they needed to do. February 20, 2018 12. 10:00 — For Possible Action — Disciplinary hearing, discussion and deliberation pursuant to Nye County Code 9.20.170 and as described in the Notice of Hearing dated and served on January 26, 2018, to determine whether the Nye County Licensing and Liquor Board shall impose possible sanctions against Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, a Brothel License.-Cont’d.

Commissioner Wichman

stated her concern with allowing them to continue to operate while they got the problems fixed as that meant the Board was putting the public in danger. She did not see where there was any leeway to allow the business to continue if there was a threat to the public health, safety and welfare.

Mr. Hames

indicated he could have everything from the State Fire Marshal's Office the minute he walked out of the meeting.

Commissioner Wichman

said that statement needed to go to Code Compliance and then they had to follow up with the inspections to issue the certificate of occupancy.

Mr. Risman

asked if a representative of the applicant was able to submit everything to the Planning Department by the close of business tomorrow, at which point it would be in the hands of the County to complete the inspection work, if the Board would consider allowing the business to remain open pending the inspection by the County.

Commissioner Wichman

felt that could not be done now that the Board was aware of the safety issue.

Mr. Risman

commented that Mr. Hof had no control over Planning's timing once they had the paperwork. Chief Deputy Clerk Rachel Aldana swore in Darrell Lacy, Planning Director.

Commissioner Wichman

asked for an explanation of the 2010 inspection.

Mr. Lacy

advised he was not involved in planning at that time. The first he had involvement with this was last August and the trailers. Some of them were decades old and none of them appeared to have had stickers. Mr. Lacy said a review with the Manufactured Housing Division indicated they were never stickered in this location. They were moved and installed there and it was Mr. Lacy's opinion that they had not been permitted by anyone.

Mr. Hames

stated he had information from when they purchased the trailers that there were inspections done by the County in his briefcase at the Love Ranch. Also, this was the first time he had been told he needed to go to Code Compliance. He thought going to the State Fire Marshal was sufficient, which was why he was asking for the provisional license until the close of business tomorrow to get the required information and start the process with Code Compliance. February 20, 2018 12. 10:00 — For Possible Action — Disciplinary hearing, discussion and deliberation pursuant to Nye County Code 9.20.170 and as described in the Notice of Hearing dated and served on January 26, 2018, to determine whether the Nye County Licensing and Liquor Board shall impose possible sanctions against Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, a Brothel License.-Cont’d.

Mr. Risman

referred to the Code requirement of new certificates of some type if the trailers were relocated, moved or improved upon. He did not think any of them had been moved or altered since 2010.

Commissioner Wichman

thought the aerial photographs would show that was not accurate.

Mr. Hames

explained when they purchased the property Joe Richards took his home off the property and Mr. Hof brought his private home on the property, which was stickered. Nothing else on the property had been moved.

Mr. Risman

asked if the contemplated suspension period could terminate upon Mr. Hames giving the required documents to the Planning Commission.

Commissioner Wichman

said yes, once everything was approved.

Mr. Risman

noted that if there was a certificate of occupancy properly issued by the appropriate agency in 2010 and those trailers had not been moved, then there should not be a triggering event at this time that would cause suspension of the license.

Commissioner Koenig

asked Mr. Lacy how long it would take to determine if in fact there was a certificate of occupancy.

Mr. Lacy

clarified it was actually a certificate of compliance with the fire code, and if they were all compliant and properly signed they should be able to get through the process in 24 hours. However, Mr. Lacy did not see how they could have appropriate certificates.

Mr. Bruch

commented that the fact they were in compliance seven years ago did not mean they were in compliance today. That would be up to Code Compliance.

Commissioner Cox

did not think it was fair to say Mr. Hof had not done anything. She had talked with Public Works regarding the boundary lines and got that straightened out. She also inspected the premises noting what appeared to be a trailer. She asked if that was a manufactured trailer or one of the older trailers.

Mr. Hames

explained that was a manufactured home (modular). Half of the front of the building was stick built and the other half was modulars, not trailers. February 20, 2018 12. 10:00 - For Possible Action — Disciplinary hearing, discussion and deliberation pursuant to Nye County Code 9.20.170 and as described in the Notice of Hearing dated and served on January 26, 2018, to determine whether the Nye County Licensing and Liquor Board shall impose possible sanctions against Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, a Brothel! License.-Cont'd.

Commissioner Cox

said it sounded to her the way things were coming across that there were dilapidated trailers and she did not see that. Everything was clean and neat, and each room had an escape window in case of fire. There was discussion about the terms modular home, mobile home and trailer being interchangeable. Mr. Lacy explained all had slightly different definitions and methods of construction so they were not interchangeable. However, they were all managed through State Manufactured Housing and all needed an installation sticker.

Ms. Bruch

advised that under NAC 489.405, no manufactured home, mobile home or commercial coach moved from one location to another may be occupied as a dwelling unit or otherwise unless a certificate of installation and a matching label had been issued.

Commissioner Cox

said she agreed with what had been said by the attorneys. She was just trying to talk about the fire safety issue and she did not see a fire trap. She referred to the letter in the back-up from Zoning Inspector Amanda Van Houten which discussed the re-inspection she did on December 28, 2017, and said that the previously noted violations were all corrected except for the fire sprinklers.

Ms. Bello

advised none of the issues on that report were part of this order to show cause and were being dealt with through Planning.

Commissioner Cox

said she did not see where this was an emergency and did not see anything wrong with Mr. Hames taking a few hours to get the information being asked for. Once that was presented she thought the Board could have a special meeting at the request of the Planning Director. She suggested the other Commissioners take a tour of the facility.

Commissioner Cox

made a motion to allow Mr. Hof and the Love Ranch to stay in operation and give them some time to finish what they spoke about and turn in the paperwork they had to the Planning Department, and give them 90 days to comply at which point they could ask for more time if it was not resolved due to the fire department or the Planning Department.

Commissioner Koenig

felt the stickers were the most egregious issue and said he could not live the rest of his life knowing someone had died because the place burned down. February 20, 2018 12. 10:00 — For Possible Action — Disciplinary hearing, discussion and deliberation pursuant to Nye County Code 9.20.170 and as described in the Notice of Hearing dated and served on January 26, 2018, to determine whether the Nye County Licensing and Liquor Board shall impose possible sanctions against Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, a Brothel License.-Cont'd.

Commissioner Koenig

made a motion to allow them to get the paperwork they had and bring it to Mr. Lacy and Mr. Lacy would have until 3:00 p.m. tomorrow to let the Board know if the paperwork was sufficient; if not, the license was automatically suspended until everything needed was done; seconded by Commissioner Wichman. Tim Sutton asked if the Board wanted the other violations addressed at all.

Commissioner Koenig

said the problem was he knew they were being addressed and where they were in the system, and he knew the system. He did not want to hold them responsible for something that was in the County's system. He also did not anticipate the RPC turning down the land change.

Ms. Bruch

was concerned the Board was using the honor system with no proof of what they were claiming they had and with no time limitation.

Commissioner Wichman

withdrew her second.

Commissioner Koenig

amended his motion to add 90 days within which to do the mapping, reversion and the signs; seconded by Commissioner Wichman.

Ms. Bruch

confirmed with Commissioner Koenig that he was leaving until 3:00 p.m. tomorrow to address the sticker issue and the rest were 90 days.

Mr. Risman

asked if the County took longer than 90 days to act on the application if that meant again the license was subject to suspension.

Ms. Bruch

suggested if it was getting close to 90 days and they were not done that they come back and ask for an extension.

Commissioner Wichman

stated her understanding that the license was suspended at 3:00 p.m. tomorrow if there was a situation where a certificate of compliance could not be issued.

Mr. Risman

asked if Mr. Hames’ paperwork was insufficient but all the other processes were being gone through to get the stickers, and that was successfully done, if the suspension would then get lifted either through a special meeting or by way of the motion. February 20, 2018 12. 10:00 — For Possible Action — Disciplinary hearing, discussion and deliberation pursuant to Nye County Code 9.20.170 and as described in the Notice of Hearing dated and served on January 26, 2018, to determine whether the Nye County Licensing and Liquor Board shall impose possible sanctions against Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, a Brothel License.-Cont'd.

Commissioner Koenig

stated his personal opinion was that there would be a special meeting once everything was done.

Commissioner Borasky

and Sheriff Wehrly were present.

Commissioner Wichman

said this item could be removed from the agenda based on item 12.

Commissioner Koenig

pointed out the Code specifically said there were no refunds.

Commissioner Koenig

made a motion to deny.

Commissioner Borasky

said he believed he should nat be sitting in on this one also for the same reason as the other item and he left the room.

Sheriff Wehrly

left the room also.

Commissioner Wichman

seconded the motion. Rebecca Bruch stated it was now a board of four with one member absent. February 20, 2018 12. 10:00 — For Possible Action - Disciplinary hearing, discussion and deliberation pursuant to Nye County Code 9.20.170 and as described in the Notice of Hearing dated and served on January 26, 2018, to determine whether the Nye County Licensing and Liquor Board shall impose possible sanctions against Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, a Brothel License.-Cont’d.

Commissioner Cox

voted no. Dave Stevens suggested making Dennis Hof comply with everything and then penalize him with a year of having his doors closed.

Commissioner Borasky

and Sheriff Wehrly were present.

Commissioner Koenig

made a motion to renew license BR10-000407; seconded by

Sheriff Wehrly

advised she was talking with Mr. Connot and they were comfortable with going ahead.

Commissioner Borasky

and Sheriff Wehrly recused themselves and left the room.

Commissioner Koenig

made a motion to deny for the same reasons as before: seconded by Commissioner Wichman; 2 yeas. Commissioner Cox voted no.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. February 20, 2018 TIMED ITEMS 7. 10:45 — For Possible Action — Public Hearing, discussion and deliberation to adopt, amend and adopt, or reject Nye County Resolution No. 2018-10: A Resolution to Augment and Amend the 2017-2018 Budget of Nye County, State of Nevada. Fund 10213 911 Medical Emergency Fund in the amount of $30,437. Fund 10218 Agricultural Extension Fund in the amount of $2,056. Fund 10402 County Special Ad Valorem Fund in the amount of $283,785.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Wichman

made a motion to adopt Nye County Resolution No. 2018-10: seconded by Commissioner Cox; 3 yeas. 8. 11:00 — For Possible Action — Public Hearing, discussion and deliberation on Special Use Permit SU-2018-000046: A Special Use Permit to allow the expansion of an existing marijuana establishment (cultivation), located at 5400 N. Highway 160, Pahrump, NV. Assessor Parcel Number 029-311-13. Diversified Development Group, LLC — Property Owner, Nye Farm Tech, Ltd. - Applicant.

Commissioner Koenig

opened the public hearing. John Bosta reviewed the history of this SUP, which was originally in Amargosa and moved to Pahrump. He believed permit SU-14-0023 expired and the facility should have never been allowed to operate. Additionally, the County could not renew a permit inside of the town. It had to be renewed by the town so basically this permit was in violation of the law, underneath the color of the law, and the Board did not have the authority to approve it.

Commissioner Koenig

closed the public hearing. Brett Waggoner, Assistant Planning Director, said he understood SUPs fell under the authority of the Board of County Commissioners, not the RPC.

Commissioner Wichman

made a motion to approve; seconded by Commissioner Cox.

Commissioner Cox

asked the applicant if they had moved. Donna Schippers with Nye Farm Tech said no. They were at 5400 N. Highway 160 and had been there for about a year and a half. They did originally apply in Amargosa Valley. She also confirmed they were current on all of their licensing. February 20, 2018 8. 11:00 — For Possible Action — Public Hearing, discussion and deliberation on Special Use Permit SU-2018-000046-Cont’d.

Commissioner Borasky

asked if they grew medical or recreational.

Ms. Schippers

advised they grew everything as if it was medical. However, the State required them to show everything as recreational until it got to the dispensary and then the dispensary made the distinction.

Commissioner Koenig

opened the public hearing. Dave Stevens felt a place was needed to keep the animals and said the Board should let them stay where they were. Dwight Lilly emphasized to the Commissioners that Pahrump and the region was a rural part of Nevada and he had heard of no instances where the tigers were a threat to anyone. Diane Holguin-Brooks said the animals were being taken care of far better than many citizens in the town. She attended the RPC meeting and thought it really had no merit from what she could see. She added they called it a tie vote.

Commissioner Wichman

asked the District Attorney if there was anything with the vote that was unusual or strange.

Ms. Boskovich

advised the vote ended in a tie and failed as there was not a majority to make a determination. She added it was fine for the Board to take public comment, however, unless the public commenter could cite to the specific record in the RPC decision nothing said today could be used in the Board’s determination. February 20, 2018 9. 11:00 — For Possible Action — Public Hearing, discussion and deliberation on Appeal AP-2018-000014-Cont’d. John Bosta stated Karl Mitchell explained to him his right to have the animals as a disabled veteran, and Mr. Bosta thought if the man was using the animals to help him keep a peace of mind as a veteran he should be allowed to keep his animals.

Commissioner Koenig

closed the public hearing.

Commissioner Cox

advised she spoke to this at the RPC as a person who had knowledge, not as a Commissioner. She pointed out they passed the inspection on December 20, 2016. After that there were records that Kayla Mitchell followed up and tried to get this permit, but somewhere the paperwork got lost in the shuffle and to this day she was still trying to get a copy of the paperwork for that permit. Commissioner Cox did not see any reason to deny them having this as they had tried desperately. She pointed out there was a member missing when the vote was taken which resulted in a 3-3 vote, and the Mitchells were under the impression it would have been a 4-3 vote if that other member had been there. Based on the close vote and the facts she was aware of, Commissioner Cox said she would make a motion to support the Mitchells in this. The County had nowhere else to put the animals and it would not be fair to the animals or the Mitchells to deny them the right to have them.

Commissioner Cox

made a motion to overturn the RPC decision. The motion died for the lack of a second.

Commissioner Wichman

asked Mr. Mitchell if he had documentation from his doctor that these were emotional support animals. Arlette Newvine, attorney for Mr. Mitchell, advised emotional support animal! documentation had been provided to the County and also during an individual meeting with the Sheriff.

Commissioner Wichman

said she had not seen any of that documentation which was why she asked.

Commissioner Koenig

stipulated he had seen it.

Ms. Bello

said that was not presented at the RPC meeting and the standard here was to determine whether or not there was substantial evidence for the three members to vote against it. Karl Mitchell stated the reason it was not included was Darrell Lacy did not put it in the back-up. February 20, 2018 9. 11:00 — For Possible Action — Public Hearing, discussion and deliberation on Appeal AP-2018-000014-Cont'd *

Ms. Newvine

said their goal today was to provide the Board with sufficient justification to approve the conditional use permit (CUP) and they intended to show a couple of reasons why the RPC decision was made improperly. She said there were two umbrella issues here, one being that the previous CUP was issued to Kayla Mitchell,

Mr. Mitchell's

wife, not to Mr. Mitchell. For whatever reason that CUP had been deemed expired even though they had asked over and over for the renewal. Nye County Code 6.30.100 stated when in a renewal process the applicant can operate validly under the original CUP, which was their intent. Additionally, a denial letter was never received although Code Section 6.30.100.D stated it had to be in writing. In an effort to be compliant or transparent, Mr. Mitchell came forward and applied again for a CUP hoping it would be realized he was making these steps in good faith.

Ms. Newvine

said the other issue was land use, not compliance, although the RPC kept going over compliance issues in many different forms.

Commissioner Wichman

was hesitant to make a motion as she was the only Commissioner who did not live in the community, but she said she would be willing to support whatever motion came forward if the applicant would stipulate that the animals remain caged during visits from anyone or during the documentaries.

Ms. Boskovich

thought people might be getting confused about the permits. She explained there was the Title 6 special conditions animals permit and there was the Title 17.04 CUP. This was before the RPC for an application for the CUP, and Mrs. Mitchell’s CUP expired on November 12, 2017. The Title 6 permit mentioned she believed had been expired since 2016.

Ms. Newvine

asked if there was a denial in writing received by Kayla Mitchell for either of those.

Ms. Boskovich

said the CUP expired November 12, 2017, and one of the conditions when it was granted in 2015 was it was only a two year permit.

Ms. Newvine

asked about Mrs. Mitchell's request for a renewal of both. As far as the Title 6 SUP, Ms. Boskovich said she could not answer that, but the last she heard was it expired in 2016. The CUP expired on November 12, 2012, and Mr. Mitchell went to the RPC for the CUP, so the focus here should be if the RPC had substantial evidence on the record to make their determination regarding the CUP rather than the special conditions animal permit.

Ms. Newvine

pointed out again that Mrs. Mitchelt received nothing in writing about either one of them expiring as she had requested a renewal on both. February 20, 2018 9. 11:00 — For Possible Action — Public Hearing, discussion and deliberation on Appeal AP-2018-000014-Cont'd.

Commissioner Koenig

said Mrs. Mitchell's CUP was similar to the conditions in this CUP, including it shall expire in two years and the applicant may apply for renewal prior to expiration. He did not believe she ever applied for renewal as that would have come before the RPC and it never did. Brett Waggoner said he understood she submitted an intent to apply, but she was told she had to make that application and that never happened.

Ms. Newvine

said these issues were irrelevant as this was about Karl Mitchel!. She asked the Board to not use any compliance issues against him as this was a land use issue nor any issues brought up under Mrs. Mitchell's SUP.

Commissioner Cox

pointed out there had not been any people building around this area and it was 20 acres out in the middle of nowhere. There had also been no complaints about him having his animals there and the animals were caged.

Commissioner Koenig

said if someone was going to make a motion to approve it should include a limit on the number he could have.

Ms. Newvine

asked that the limitation on numbers not be an issue. She explained Mr. Mitchell used these animals as emotional support animals and had doctors’ letters to that affect. She did not believe limiting that support was necessary as long as Mr. Mitchell maintained the proper caging and facilities, stayed up to Code and was compliant in the future.

Commissioner Koenig

pointed out it had always been ten and if it was not ten he would not vote for it.

Commissioner Cox

asked Mr. Mitchell what his needs were.

Mr. Mitchell

said they had between eight and ten, but he did not want to have to come before the Board again if one of his tigers was to have a baby and the number increased. He would prefer to not have a number.

Commissioner Wichman

made a motion to approve the conditional use permit application with two restrictions: 1) he was to remain at ten animals; and 2) when he had company, family, personal things, during any kind of documentary and any kind of visits from outsiders to his property his animals remained caged.

Commissioner Koenig

asked if that included the conditions in the original, to which

Commissioner Cox

seconded the motion. February 20, 2018 9. 11:00 — For Possible Action — Public Hearing, discussion and deliberation on Appeal AP-2018-000014-Cont’d

Ms. Boskovich

asked if the Board was finding there was no substantial evidence on the record.

Commissioner Wichman

stated her finding was with the way the vote turned out in the RPC it was conceivable the missing member would have voted for it and it would not be before this Board. She said she was not overturning their decision, but if it had been a seven member board it could have gone the other way.

Commissioner Koenig

opened and closed the public hearing.

Commissioner Wichman

made a motion to approve based on the findings in the back- up through the RPC meeting; seconded by Commissioner Cox; 4 yeas. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWN OF PAHRUMP

Commissioner Koenig

opened and closed the public hearing.

Commissioner Wichman

made a motion to adopt; seconded by Commissioner Borasky; 4 yeas. February 20, 2018

Commissioner Wichman

made a motion to adopt Resolution No. 2018-02; seconded by

Commissioner Borasky

. John Bosta asked where the money came from. Savannah Rucker explained this was the room tax fund. More hotel reservations and sales were seen which generated more revenue in the fund in FY2017.

Commissioner Wichman

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

Commissioner Wichman

asked if this waiver was done if they would then have coverage from another source. Tim Sutton was not sure what coverage they had and thought that might be something they could address.

Commissioner Koenig

explained the fee was to have the ambulance there and they did not want to pay to have the ambulance sitting there all day long.

Commissioner Cox

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

Commissioner Borasky

made a motion to approve Michelle Chappell; seconded by

Commissioner Cox

; 4 yeas. February 20, 2018 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 23-29; seconded by

Commissioner Borasky

; 4 yeas.

Commissioner Wichman

made a motion to approve items 23-29; seconded by

Commissioner Borasky

; 4 yeas.

Commissioner Wichman

made a motion to approve items 23-29; seconded by

Commissioner Borasky

; 4 yeas.

Commissioner Wichman

made a motion to approve items 23-29: seconded by

Commissioner Borasky

; 4 yeas.

Commissioner Wichman

made a motion to approve items 23-29; seconded by

Commissioner Borasky

; 4 yeas. February 20, 2018

Commissioner Wichman

made a motion to approve items 23-29; seconded by

Commissioner Borasky

; 4 yeas. BOARD OF COMMISSIONERS

Commissioner Cox

made a motion to reschedule the first one and cancel the second one; seconded by Commissioner Wichman; 4 yeas. February 20, 2018

Commissioner Wichman

made a motion to keep Joni Eastley; seconded by

Commissioner Cox

; 4 yeas.

Commissioner Wichman

explained these were just talking points she wanted the Board to be aware of. She asked them to let her know if there was a problem with anything.

Commissioner Wichman

stated she was the chairman of the Tonopah Conservation District, which did not affect her or her home at all. She felt it would be nice if she could get the Board to keep the agreement going otherwise they had no way to operate.

Commissioner Borasky

made a motion to approve; seconded by Commissioner Cox; 3 yeas. Commissioner Wichman abstained. CLERK

Commissioner Wichman

made a motion to appoint Craig Barber and Robert Spivey, Jr.; seconded by Commissioner Borasky; 4 yeas. February 20, 2018

Commissioner Wichman

made a motion to appoint Jason Fletcher: seconded by

Commissioner Borasky

; 4 yeas.

Commissioner Wichman

made a motion to appoint Joy Marshall, Marie Long and Janice Painter; seconded by Commissioner Borasky; 4 yeas. The Board took a brief recess. EMERGENCY MANAGEMENT

Commissioner Wichman

corrected a prior statement she made regarding the California situation and why Nye County could not do what California did. She learned last weekend they did not pass it so they were not doing it either. Also, with the signed contract with REMSA and the plans for the paramedics, Commissioner Wichman advised they advertised for five positions and had over 15 applicants, all of which were very qualified and all of which wanted to be resident in Tonopah. She talked about how they were going to do telemedicine on the ambulance.

Mr. Payne

said he had tentatively scheduled an in-service ceremony for the new ambulance on March 3, 2018. That would give the opportunity for the community to come forward and look at the new equipment. He was also hoping to have one of the local clergy available to say a prayer. He would make sure information was distributed once the time was determined. February 20, 2018 Dave Stevens stated when it came to a person's life money should not matter.

Commissioner Wichman

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

Commissioner Wichman

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

Commissioner Cox

; 4 yeas. PLANNING/BUILDING/CODE COMPLIANCE

Commissioner Wichman

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

Commissioner Wichman

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

Commissioner Wichman

made a motion to approve the annual renewal; seconded by

Commissioner Cox

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

Commissioner Wichman

said her motion stood. Mike Floyd from Greenway Productions said they were the second medical marijuana business in Nevada to be approved by the State. They received their SUP in July, 2014, and their first County license in December, 2074.

Commissioner Cox

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

Commissioner Borasky

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

Commissioner Koenig

adjourned the meeting. APPROVED this art day ATTEST: of pruk 2018. yh ) Lhgoe de Ai Donan

Chair YA

Nyé Conty Clerk / Deputy