March 16, 2018

Commissioner Cox

was not present at this time.

Commissioner Cox

was present. Horace Carlyle encouraged the Commission to enforce the standards listed on the front page of the agenda, which did not allow personal attacks on someone sitting in the audience with no rebuttal. March 16, 2018 SITTING AS THE BOARD OF COUNTY COMMISSIONERS PLANNING

Commissioner Schinhofen

made a motion to approve the final subdivision map as stated in the back-up; seconded by Commissioner Wichman. John Bosta pointed out the back-up did not state how much water was needed. He said the Great Basin Water Company held 28,000 acre feet of water and asked if the project was inside of their footprint. He also did not think the proper items were listed for a subdivision and noted there was no caveat that the State Engineer had agreed the water was available. Mr. Bosta thought passing this permit as presented was too Open.

Commissioner Koenig

advised the water rights were dedicated by the raceway to UICN quite a while ago when the County refused to take the water and sewer. Brett Waggoner, Planning Director, confirmed that the water had been dedicated to the utility company. As far as water usage, that had not been determined yet and would be determined as part of the development process. If there was a need for more water and a utility was not willing to supply a will serve, then they would have to come up with more water. Mr. Waggoner said they were going off of an intent to serve as the parcel was located within the utility service territory and had gone through the annexation process.

Commissioner Wichman

assumed the Chair of the Licensing and Liquor Board. March 16, 2018 BROTHEL 3. For Possible Action — Discussion and deliberation regarding the current suspension of Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel, whether to lift or retain the suspension and determine and direct what, if any further action needs to me taken by the Board or Licensee.

Commissioner Borasky

stated NRS 281.420 required him to disclose a conflict of interest. A show cause had been scheduled regarding various violations of Nye County ordinances. it had come to his attention that Dennis Hof and other individuals had filed @ lawsuit and for that reason he would abstain from voting on this matter, but he would remain in chambers.

Sheriff Wehrly

said NRS 281A.420 required her to disclose a continuing conflict of interest related to the Love Ranch matter before the Board today. The agenda item potentially affected her pecuniary interest. Mr. Hof filed a lawsuit against Nye County and Sheriff Wehrly in her official capacity on matters related to the Love Ranch. She believed the claims would not be successful. Sheriff Wehrly stated she took her obligations as a public officer very seriously and believed she could vote without being materially affected by the lawsuit. However, she believed the public perception could be that any vote she made here today would be materially affected by the lawsuit. She did not believe it was in the best interest of Nye County for her to vote on the issue before the Board today and as such she would abstain from the vote on this matter.

Commissioner Schinhofen

said NRS 281A.420 required him to disclose a continuing conflict of interest related to the Love Ranch matter before the Board today. As he said at the February 20, 2018, meeting, the agenda item potentially affected his pecuniary interest. Mr. Hof had a filed a lawsuit against Nye County and Commissioner Schinhofen in his official and personal capacity. Commissioner Schinhofen denied any allegations made against him in either his personal or official capacity and believed the claims would not be successful. He took his obligation as a public officer very seriously and believed he could vote without being materially affected by the iawsuit. His past history and voting record was proof of that. However, he believed public perception could be that any vote he made here today would be materially affected by the lawsuit.

Commissioner Schinhofen

stated the Board that addressed this matter at the February 20, 2018, meeting should continue to make the related decisions. He did not believe it was in the best interest of Nye County for him to vote on the issue before the Board today. Commissioner Schinhofen said he would abstain from voting on this matter today, but he would not recuse himself on future issues dealing with Mr. Hof, and he left the room.

Commissioner Schinhofen

was not present.

Commissioner Koenig

said at the last meeting various things were discussed, including the merger resub and the road going through. He was fairly confident at that time that could all be done in 90 days. He saw the paperwork in Planning, but it was pulled back, March 16, 2018 3. For Possible Action — Discussion and deliberation regarding the current suspension of Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel-Cont’d. so that needed to get back to Planning before time ran out. As for the signs,

Commissioner Koenig

said on advice of counsel he had been told that should be treated as a criminal matter to be handled by someone else so he would not address it.

Commissioner Koenig

made a motion to rescind the suspension subject to the following conditions: 1) the Fire Marshal was here and gave a list of 30 some odd items that had to be fixed within 30 days and they had to adhere to that 30 days; 2) the 90 day was still in effect for the merger resub, right-of-way and the signs, and he would give them 30 days to hire a licensed certified professional, get his or her name and contact number to Planning, and their job was to draw up as-built plans identifying the use for each building, propose a plan as compliant or prove what was built was compliant, which went back to the issue of the stickers; 3) after that person was identified they would have 60 days to do the job required and submit plans for review to Planning; 4) after the Planning review was done they had another 30 days to do whatever had to be done to become compliant if anything had to be done; 5) and they had to provide a monthly status report to Planning.

Commissioner Koenig

stated he did not want to come back. There were issues, whether real or perceived, and he wanted to get through this.

Commissioner Cox

seconded the motion.

Commissioner Wichman

said Nye County Code 9.20.130(A)(6) specifically stated an operation may not be conducted in violation of any city, county, state, or federal ordinance, statute or regulation. Without those fixes already being made they were not going to compel Commissioner Wichman to violate the oath that she took to uphold the law in order for them to continue to violate the law.

Commissioner Schinhofen

and Sheriff Wehrly abstained. March 16, 2018 3. For Possible Action — Discussion and deliberation regarding the current suspension of Privilege License No. BR10-000605, for Cherry Patch, LLC, dba Love Ranch Brothel-Cont’d.

Commissioner Wichman

said what should be looked at for possibly putting on the ballot for this upcoming election was what the voters thought about keeping prostitution in Nye County. When Commissioner Koenig asked her if she would sponsor that ballot measure she responded she had just asked staff to follow up on that. SITTING AS THE BOARD OF COUNTY COMMISSIONERS

Commissioner Koenig

assumed the Chair of the Board of County Commissioners.

Commissioner Koenig

said he was very clear when this started that the Board would be fair and equitable. The two other brothels were inspected because he forced that to happen and he forced them to come back as to who owned them. He told Mr. Bosta that the Board had everything they needed and he could check with the Sheriff. He did thank Mr. Bosta for the information on the solar project, but he thought they fixed it and it was operating now. As far as Round Mountain Gold, he believed they passed all inspections so he did not see a problem. March 16, 2018 5. GENERAL PUBLIC COMMENT (up to 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 (second).-Cont'd.

Commissioner Wichman

stated Tonopah Solar had a spill of salt that was fixed and they had been back up and running for eight months now, so that was old news. If people cared to go to official Web sites of the organizations that monitored those they would find all inspections by OSHA, all claims made against Tonopah Solar, and how they handled each one of those. The Round Mountain Gold information was also from some blog. She mentioned the contamination testing done through the State Water Department or the Division of Environmental Protection. Those records were in the State offices and available for the public.

Commissioner Wichman

then commented on the inspections Commissioner Koenig mentioned. They were done at all of the brothels, including Dennis Hof'’s other brothel at the Alien on Highway 95. All violations of all brothels were noted and one of the other brothels was also told they had to restrict one of their buildings from occupation because of some of the same infractions Mr. Hof had. She said the Codes were the Commissioners’ guidebook, and the laws of the state and country guided them also. One could not choose which laws to uphold and which ones to not. Nye County Code 9.20.130 specifically stated that an operation may not be conducted until everything was complied with. She could not decide that Dennis Hof was a good guy and let it go as that was not the oath she took. She said as long as she sat in the seat she would continue to uphold the laws as written. She then asked with all of the promotion and support that Mr. Hof was getting from Don and Donna Cox why there was no recusal or disclosure. Gregory Hafen II, speaking as a member of the public, thanked Commissioner Borasky,

Commissioner Schinhofen

and Sheriff Wehrly for recusing themselves and thought they did the appropriate thing. He also thought there was a perception that a County Commissioner was advertising for an applicant on their personal vehicle and there was no disclosure, so he thanked Commissioner Wichman for bringing that up.

Commissioner Koenig

adjourned the meeting. APPROVED this __i71"” day ATTEST: Of dank _, 2018.