September 4, 2018

Commissioner Koenig

read the language on the first page of the agenda regarding public comment and how the Commission may prohibit comments if the content of the comments was a topic that was not relevant to, or within the authority of, the Commission, or if the content of the comments was willfully disruptive of the meeting by being irrelevant, repetitious, slanderous, offensive, inflammatory, irrational or amounting to personal attacks or interfering with the rights of other speakers. Persons are invited to submit comments in writing on the agenda items and/or attend and make comment on that item at the Commission meeting. Commissioner Koenig cautioned everyone to be careful because he would cut them off and have them removed. Dwight Lilly said it was embarrassing to read in nationwide papers and see on television how the County Commissioners were ruled to be in retribution against fellow citizens and felt it was time to turn the other cheek. He then mentioned the private well owners would have a booth at the Fall Festival this year and provide information on wells and the aquifer. Dave Stevens thought the Commissioners were the best anyone could have for a town. He commented how he did not see Dennis Hof or Tina Trenner at the veterans’ event this weekend. Regarding the motorcross track on the fairgrounds property, Robert Adams advised there were $2 million worth of grants available again this year. The grant process opened in November. He thought the motorcross track would strengthen the application for patent by showing the property was being used rather than sitting as fallow ground.

Mr. Adams

asked any Commissioner interested in pursuing this and getting it on the agenda to contact him. Zachary Hames asked why Commissioner Schinhofen was at the Love Ranch at 5:30 am. 016:00 am. this morning looking at the property and business he was not allowed to vote on. He also wondered why NRS 244.100 was not being followed and said he appreciated Commissioner Wichman’s reasoning in court for supporting legalized prostitution. Dawn Duncan said during the court case it vas discussed how a particular Commissioner disputed the fact that she did not understand the State Fire Marshal had signed off on everything. Ms. Duncan wondered why that Commissioner did not inspect things herself. She also wanted Commissioner Wichman to state again that she hated Dennis Hof. Tina Trenner said at the last meeting Commissioner Koenig mentioned that he could hear her voice and she apologized for that. Unfortunately they felt very disrespected when the Commissioners walked away and she believed that was the reason the crowd September 4, 2018 3. GENERAL PUBLIC COMMENT (Three-minute time limit per person.) Action will not be taken on the matters considered during this period until specifically included on an agenda as an action item (first)-Cont’d. got so loud. She then pointed out that the Commissioners constantly picking on Dennis Hof was actually generating sympathy for him and people were starting to feel bad for a guy just trying to run for office and help his community. Annette Fuentes stated she supported Dennis Hof because she knew what the federal government had done to them and what the Commissioners had done was a personal vendetta. She asked them to stop as it was costing the taxpayers a lot of money. Terry Svjeda said he personally thought it was time to let it go because the County would lose the lawsuits and the taxpayers would have to pay it. Jeanine Pinkerton said none of this would even be discussed right now if the Commissioners gave Dennis Hof the exact same rights as the other brothels.

Commissioner Wichman

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

Commissioner Wichman

stated it was a Commissioners job to uphold the codes, County laws, State laws and the Constitution of the United States. To those who wished to focus on who or what to blame for lost jobs, she suggested they look to those who were willing to operate without adhering to those codes especially when all other businesses in the County were required to do so. Further, she thought people needed to go back and read what the judge ordered. While the judge ordered the return of Mr. Hot’s license, the judge also noted that Commissioner Wichman had been absolutely consistent and it was a requirement of her job as the Liquor and Licensing Board to September 4, 2018 6. Commissioners’/Manaqer’s Comments (This item limited to announcements or topicslissues proposed for future workshopsiaqendas)-Cont’d. consider the character and history that had been building over the last year. She stated it was uncomfortable to sit and listen to what amounted to a character assassination and her only option at the last meeting was to leave. She also never said she hated Dennis Hof much less anyone else.

Commissioner Schinhofen

said he left the meeting because of the total disrespect shown by the mob and he was not going to sit and have his character assassinated. He was always available to talk with anyone as long it was not about Dennis Hof. Also,

Commissioner Schinhofen

recused himself originally at the advice of the lawyer, but on March 26, 2018, he said he would not recuse himself anymore because NRS did not require him to. On May 1, 2018, he voted on an issue for Mr. Hof that Mr. Hames called and thanked him for afterwards. That left him with the issue of having to vote again upon renewal because he took an oath, had not violated that oath, and would be here until December31, 2018, to fulfill that oath. When it came time to vote Commissioner Schinhofen stated it was solely based on the fact of continual violation of the County Code and had nothing to do with any personal animus or political retribution. He added his financiai and physical health had suffered greatly from the continued harassment. He hoped everyone would move on and that Mr. Hof would abide by the rules.

Commissioner Cox

spoke about the portion of the agenda that Commissioner Koenig read regarding people’s freedom of speech. She read an article entitled ‘The Right to Criticize Public Officials Clearly Established” into the record, which was about how a person speaking at a Board of Education meeting had his microphone shut off to silence him. He sued alleging they violated his First Amendment freedom of speech by prohibiting him from criticizing school officials. On the question of qualified immunity the judge ruled solidly in his favor. Commissioner Cox thought it was time to rewrite that portion of the agenda as she did not believe what was on there was constitutional or in the best interest of the County or the people in the audience.

Commissioner Koenig

advised Commissioner Cox that part of the agenda was provided by the Attorney General. SITTING AS THE NYE COUNTY BOARD OF HIGHWAY COMMISSIONERS

Commissioner Schinhofen

assumed the Chair of the Board of Highway Commissioners.

Commissioner Cox

said she received a phone call last week that someone was cutting trees down and cut a tree down on this person’s property. She asked Mr. Dahi if he knew anything about that.

Mr. DahI

asked for the location and said he would be happy to look into it.

Commissioner Borasky

expressed his concern with people speeding down Homestead as he did not think they realized the dust they kicked up was PM1O. If the seniors in town breathed that it could kill them. He asked Mr DahI if he could something to safeguard against that. He also noted that group was only working a four-day week and asked in the future if something could be done to speed that up so it was not caught in the monsoons.

Mr. DahI

said he would look into that. He would also put up more 25 mph signs on Homestead and call the Sheriff to help enforce that.

Commissioner Wichman

asked for the start date for the work planned in Round Mountain and Belmont.

Mr. Dahi

stated as soon as the bonds and contracts were all signed there would be a pre-construction meeting with the contractor and he would know then when to turn them loose. His best guess was next week sometime.

Commissioner Koenig

suggested having the Sheriff put the speed traijer on Homestead.

Commissioner Koenig

assumed the Chair of the Board of County Commissioners. SITTING AS THE GOVERNING BODY OF UNINCORPORATED TOWNS OF BEATTY, BELMONT, GABBS, MANHATTAN, AND RAILROAD VALLEY BEATTY

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. September 4, 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

asked to have item 10 pulled for discussion.

Commissioner Schinhofen

made a motion to approve items 11-14; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhoten

made a motion to approve items 11-14; seconded by

Commissioner Wichman

; 5 yeas.

Commissioner Schinhofen

made a motion to approve items 11-14; seconded by

Commissioner Wichman

; 5 yeas. September 4, 2018

Commissioner Schinhofen

made a motion to approve items 11-14; seconded by

Commissioner Wichman

; 5 yeas. 10. For Possible Action Approval of Assessor’s Office Change Requests to: 1) allow the Nye County Treasurer to process and send an amended tax bill of $35.00 to the owners of APN 006-252-11; 2) allow the Nye County Treasurer to process and send an amended tax bill to the owners of APN 001-272-10; 3) allow the Nye County Treasurer to process and send an amended tax bill of $306.30 to the owners of APN 040-032-17; 4) allow the Nye County Treasurer to process and send an amended tax bill of $727.62 to the owners of APN 045-263-10; 5) allow the Nye County Treasurer to process and send an amended tax bill of $507.57 to the owners of APN 044-481-05; 6) allow the Nye County Treasurer to process and send an amended tax bill of $340.63 to the owners of APN 045-316-01; 7) allow the Nye County Treasurer to process and send an amended tax bill to the owners of APN 045-211-03.

Commissioner Wichman

made a motion to approve 1), 2), 5), 6) and 7) as she believed changes were needed to 3) and 4); seconded by Commissioner Schinhofen; 5 yeas. BOARD OF COMMISSIONERS

Commissioner Wichman

explained this would allow the County to have a seat at the table.

Commissioner Wichman

made a motion to approve: seconded by Commissioner Schinhofen; 5 yeas.

Commissioner Wichman

said this item was voted on during the August 7, 2018, meeting. The motion of the Board determined this was a nuisance and it was turned over to the County to abate. She noted 30 days had already passed and it would take as long as the County needed to abate it. She also thought it should have been agendized as a public hearing as it was a nuisance complaint.

Commissioner Wichman

made a motion to remove it from the agenda; seconded by

Commissioner Cox

said she was going to do the same thing as the people who asked her to put it on were not present.

Commissioner Wichman

made a motion to appoint Carmen Brown; seconded by

Commissioner Schinhofen

. Trevor Dolby said the Amargosa Town Board had not had any action on this item, but he endorsed Ms. Brown. Pat Minshall, Amargosa Town Board member, also thought Ms. Brown would be a great addition. September 4, 2018 20. For Possible Action Discussion and deliberation to appoint one member to the Amargosa Valley Town Board. This term is for an unexpired term to end January 2021 -Cont’d. Jimmy Thomas, Chairman of the Amargosa Valley Town Board, said while he thought

Ms. Brown

had many attributes that would make her a good member, he recommended the Board appoint Joseph LaBossiere.

Commissioner Wichman

made a motion to appoint Diane Jacobson; seconded by

Commissioner Schinhofen

; 5 yeas. DISTRICT ATTORNEY

Commissioner Schinhofen

made a motion to please move this forward to get the dogs moved; seconded by Commissioner Wichman.

Commissioner Koenig

explained this was being done because the gentleman was originally approved to have 30 dogs, and these were very large dogs. He came back for permission to have 50 and he ended up with 150 that barked all the time. Dwight Lilly said he felt sorry for Commissioner Schinhofen if there were that many dogs because there were nine behind him that barked all the time and it was going on three years trying to solve the problem with Animal Control. He urged the Commission to move on this to resolve it. Ronni Boskovich asked that the motion include direction to the District Attorney’s Office to pursue legal action.

Commissioner Schinhofen

rescinded his motion.

Commissioner Schinhofen

made a motion to direct the District Attorney’s Office to take legal action and get this cleared up; seconded by Commissioner Wichman; 5 yeas. September 4, 2018 SHERIFF

Commissioner Wichman

made a motion to continue this item to October 16, 2018; seconded by Commissioner Ccx. Louis DeCanio said from what had seen there was never a problem with the tigers and thought they should be used to draw tourists into the community.

Commissioner Koenig

reminded Mr. DeCanio that it was against federal law to exhibit them.

Commissioner Schinhofen

explained he voted nay because this was the third CUP with this gentleman and every time leeway was given to people who held CUPs or other limited licenses the County ended up in trouble so he just did not think it should be put off. TREASURER

Commissioner Wichman

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. September 4, 2018

Commissioner Wichman

made a motion to appoint Ashley Castillo; seconded by

Commissioner Cox

said she did not see this advertised and asked if it needed to be, to which Sarnantha Tackett responded it did not.

Commissioner Schinhofen

made a motion to approve based on staff recommendation; seconded by Commissioner Wichman. Dwight Lilly was concerned about what material would be used because his research found that in northern California they had issues with wildlife, as well as health-related issues around the world, because of the material used. He said nothing in the lease listed what materials would be used or restricted them so he cautioned the Commissioners to find out exactly what the material would be. He also thought something should be put in the agreement to restrict them from using materials that had been shown to harm animals or people. John Bosta asked that his written comments be included in the minutes [attached]. In summary, Mr. Bosta was concerned that neither a site-specific hydro-geological assessment of cloudseeding nor other factors such as project design, construction practices, and long term management to protect the sole source aquifer were considered. He also discussed the recent findings on health effects due to exposure to high levels of silver iodide over a long period. Kenny Bent thought the project was absurd as the risk certainly outweighed any benefit. Generally cloudseeding was done in clouds and he did not understand the thinking to do this at the location listed. He thought legislation should be passed to put one of the ground bay seeders on Mt. Charleston. He also pointed out it was toxic to several species. Frank McDonough said he ran the cloudseeding program at the Desert Research Institute and offered to take questions. September 4, 2018 27. For Possible Action Discussion and deliberation regarding a site rental agreement with the Board of Regents of the Nevada System of Higher Education on Behalf of the Desert Research Institute (DRI) for the purpose of installing, maintaining and operating a remotely controlled cloudseeding generator and weather station for the purpose of research and operations of weather modification in the Spring Mountains on county property located at Assessor Parcel Number 047-041-02, 7401 E. Manse Rd., Pahrump, Nevada, Nye County — Owner-Cont’d.

Commissioner Schinhofen

said he was sure the process had to be overseen by NDEP or possibly a federal department and asked what kind of hoops Mr. McDonough had to go through.

Mr. McDonough

explained cloudseeding was overseen by the State of Nevada Department of Conservation and Natural Resources. Cloudseeding had been conducted for nearly 60 years with the goal to increase snowfall by up to 10% to 15%. He said the silver iodide molecule used to cloudseed had been studied extensively and the silver quantities were the same in lakes that had been seeded compared to the lakes that had not. Additionally cloudseeding molecules were insoluble and not absorbed by plants and wildlife. Pat Minshall said anything she read on silver iodide disputed what had been said. It was toxic, it got into the plants and animals, and she thought this should he looked at further before being passed. Joe Markley said he was a farmer in Michigan. They tried this experiment there because they had prevailing west winds off of Lake Michigan and got so much rain it practically flooded everything out. He said every morning there was silver iodide on the cars and if it was that fine people inhaled it and it stuck in the lining of the lungs with the effect of smoking. Tom Saitta told the Board to get away from this project and leave it alone as Mother Nature was in charge. Priscilla Lane thought more investigation was needed. She said her sister lived in Arizona and there were areas there they were no longer allowed to swim in or do anything. The trees were dying, the ground was dying. people were getting sores, and it all seemed to be connected to the cloudseeding.

Commissioner Cox

asked if the seeding was going on already.

Mr. McDonough

said yes. Northern Nevada had been cloudseeding since the 1960s, and Mt. Charleston had been seeded on and off a few times over the last several decades, but not in at least the last ten years as far as he knew.

Commissioner Cox

asked Mr. McDonough to explain cloudseeding. September 4, 2018 27. For Possible Action Discussion and deliberation regarding a site rental agreement with the Board of Regents of the Nevada System of Higher Education on Behalf of the Desert Research Institute (DRI) for the purpose of installing, maintaining and operating a remotely controlled cloudseeding generator and weather station for the purpose of research and operations of weather modification in the Spring Mountains on county property located at Assessor Parcel Number 047-041-02, 7401 E. Manse Rd., Pahrump, Nevada, Nye County — Owner-Cont’d.

Mr. McDonough

said the target area was elevations above 8,500 feet. As the storm moved south the cloudseeding generator (which was like a burner) would light and emit a small plume of cloudseeding material, which put out a quarter of an ounce of silver iodide. The wind would lift that into the clouds over Mt. Charleston and initiate freezing events. The small silver iodide particles created small ice crystals which took the liquid water drops and converted them to snow to add snow to the mountains. Mr. McDonough reassured everyone this was not toxins. The goal was snow pack, and cloudseeding had been done in the Sierra Nevadas since the 1950s with no toxic effects that he knew of.

Commissioner Cox

said she had been here for 64 years and there was always enough snow. She admitted there was a shortage of water in the aquifer, but that was because of people, not because of the lack of rain or snowfall. She was not sure she believed the information about there being no environmental health affects arising from cloudseeds as silver was toxic and iodide caused thyroid issues. Commissioner Cox thought they were doing this more for the money and making jobs instead of making rain or protecting the public and that there was a better place to put this. Tyna Dickson said she would not want her grandchildren in Pahrump exposed to this. She referred to the comment made earlier in the meeting about driving slower on Homestead because the dust could be troublesome to residents, but introducing silver iodide into the environment was now being talked about. If creating snow was the goal she suggested doing it in the mountains. Tim Hafen advised the Board as a matter of disclosure, not a comment on whether it was good, bad or indifferent, that they had a signed lease (free) to Desert Research Institute and the lease was on a piece of ground the Hafens owned in Trout Canyon.

Commissioner Cox

voted nay. September 4, 2018 FINANCE

Mrs. Rucker

said the first page of back-up was budget to actual revenue for FY19. Typically most revenues did not start coming in until the third month of the current fiscal year. She mentioned revenues were up 4% from this point compared to last fiscal year. The August report for revenues would be low also, but the September report would show significant revenues trickling in. She explained Emergency Management salaries forecast was at 107% because of accrual payouts to two former employees, but she anticipated that to level out in the next month or so. The current projection was 96.75% of the general fund utilized.

Commissioner Wichman

stated this was the first time in almost ten years on the Board that she had seen such a pristine budget report and she thanked Mrs. Rucker for that. PLANNING/BUILDING/CODE COMPLIANCE

Commissioner Wichnian

made a motion to approve; seconded by Commissioner Schinhofen; 5 yeas. PUBLIC WORKS

Commissioner Schinhofen

explained that for the last few years VEA had been assuming the lights in front of the shopping center, but now wanted the County to pay for them. If the Board did take them on he thought it could try again to get the property owner to pay for them. September 4, 2018 30. For Possible Action Discussion and deliberation for the County to assume the financial responsibility of Valley Electric Association (VEA) account associated with the electrical service for five (5) street lights on SR 160 south of Basin Avenue-Cont’d.

Commissioner Schinhofen

made a motion to assume financial responsibility for those lights; seconded by Commissioner Cox; 4 yeas. Commissioner Wichman voted nay. PUBLIC PETITIONER

Commissioner Wichman

made a motion to appoint Joni Eastley, Midge Carver and retain John Koenig: seconded by Commissioner Schinhofen; 4 yeas. Commissioner Koenig abstained. 6. Commissioners’IManager’s Comments (This item limited to announcements or topics/issues proposed for future workshopslagendas)

Commissioner Koenig

said he read the Open Meeting Law and on page 70 it was word for word the first paragraph on the front page of the agenda. TIMED ITEMS 7. 10:45 For Possible Action Public Hearing Discussion and deliberation — — — regarding a request to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2018-14: A Bill proposing to amend Nye County Code Title 2 Administration and Personnel, by adding Chapter 2.88, License Department; establishing provisions for the License Department; and providing for the severability, constitutionality and effective date thereof; and other matters properly relating thereto; and 2) Set an effective date. Lorina Dellinger explained towards the end of last year discussions began about consolidating licensing and permitting to one department. On January 2, 2018, the Board took action to move forward with that transition identifying privilege licenses to be the first to move under the licensing department. There were three chapters in Nye County Code that needed to be amended, so the application intake would remain with the Sheriff’s Office until those amendments were done, at which point a licensing department manual would be proposed to avoid conflict with the Code. She also clarified that the intent was not to introduce business licensing at the County level and that would remain with the towns. September 4, 2018 7. 10:45 For Possible Action Public Hearing Discussion and deliberation — — — regarding a request to: 1) adopt, amend and adopt, or reiect Nye County Bill No. 2018-14-Cont’d. Tim Sutton stated that per the advice of counsel Commissioners Borasky and Schinhofen were not required to abstain from this item.

Commissioner Koenig

pointed out one thing this would do was stop things like unreceived notices, late notices, and the Board approving things that were not being done correctly.

Commissioner Koenig

opened the public hearing. Dave Caudle was adamantly opposed to the establishment of a licensing department and thought the timing appeared to be another attempt by some members of the Board to further their vendetta against Dennis Hot. He felt the new department would simply add another layer of government and cost the taxpayers. He noted that Chapter 2.88.040.D.3. stated the administrator could deny a license and Mr. Caudle wondered if that person should really have that power. He suggested instead of creating a whole new department at taxpayer expense the Commission should consider giving this proposed administrator to the Sheriffs Department to provide additional help processing applications. Mr. Caudle then asked that his statements be entered into the record [attached]. John Bosta asked that his written document be included in the minutes [attached]. He discussed the district judge’s issuance of a preliminary injunction ordering the County to reinstate Dennis Hof’s brothel and liquor licenses and the restriction on Commissioners Schinhofen and Borasky from participating in any votes related to Mr. Hof’s business in the future. It was Mr. Bosta’s opinion those Commissioners must abstain from participating in any votes related to a brothel license that would affect Mr. Hof. Kenny Bent felt inspections on many businesses, especially home based businesses, was another attempt by government to tax and control every aspect of human existence. As was to be expected, government inspections would always lead to exploring for other violations and further restrictions and regulations. He strongly encouraged the Board to not proceed with creating the new licensing department and keep the process as it currently existed. Dwight Lilly said he did not understand the need for this department in a County with less than 50,000 people with no rash of businesses coming in. He felt it pointed to a lack of training and supervision on the current way things were done which could be solved without going to the added expense of having another administrator on the payroll. Additionally, while he respected the opinion of the County Manager, Mr. Lilly said he looked into what the federal judge ruled on and rather than create an issue where it might be another lawsuit he asked that Commissioners Schinhofen and Borasky recuse themselves. September 4, 2018 7. 10:45 For Possible Action Public Hearing Discussion and deliberation — — — regarding a request to: 1) adopt1 amend and adopt, or reject Nye County Bill No. 2018-14-Cont’d. Debra Strickland said she would like to see this move forward, and pointed out there was an Assistant County Manager that could do a very good job of writing a manual. If she were on the Board right now she said her motion would be to adopt the bill contingent on the future approval by the Board of that manual and then make the effective date based on that approval. Mrs. Strickland also asked that the two Commissioners abstain only because more controversy and/or lawsuits were not needed. Zachary Hames stated their attorneys requested a call in to speak and were denied that. Since privilege licenses would be the first ones to move over, and considering the court proceedings, he asked that either Commissioners Borasky and Schinhofen recuse themselves as it would affect Dennis Hot’s business or that this item be tabled until the new administration came in to avoid further lawsuits or complaints from the community.

Commissioner Koenig

closed the public hearing. Tim Sutton advised the comment that Commissioners Schinhofen and Borasky did not need to recuse themselves came from the insurance counsel, not him or Angela Bello.

Commissioner Koenig

said this was to create a licensing department and creating that department by itself did nothing to anybody. He could see how it could affect someone’s business when it got to the point of changing the Code, but it was his opinion that doing this now did not affect anyone’s business as it could sit there forever not doing anything.

Commissioner Borasky

said he could not see making additional codes and regulations because the County did not enforce what it had now. This Board chose not to make the brothel code more restrictive or enforceable so he questioned making a new department. Originally he was in support of this, but right now he said he had to say no as there was no plus side for anyone.

Commissioner Wichman

said this action would move the process under the supervision of the County Manager and affected all businesses in that it would provide consistency, which was the goal.

Commissioner Cox

asked what licenses were going to be put under this new department and what the intent of the department was.

Mrs. Dellinger

explained Section 2.88.020, Responsibilities of the Department, identified liquor, brothel and gaming licenses would be the responsibility of the license department. September 4, 2018 7. 10:45 For Possible Action Public Hearing Discussion and deliberation — — — regarding a request to: 1) adopt, amend and adopt, or reject Nye County Bill No. 2018-1 4-Cont’d.

Commissioner Cox

asked who would be hired to oversee this.

Mrs. Dellinger

advised no one and this would not increase head count. The administrator could be appointed by the County Manager from his current staff. When Commissioner Cox asked who that was, Tim Sutton responded right now they were looking at Samantha Tackett, but that had not been finalized. The Board would not vote on that appointment as that was how the ordinance currently read, but Mr. Sutton advised something different than that could be included in the discussion today.

Commissioner Cox

stated she had had an issue with the agenda and wondered if this item could be held until the September 18, 2018, meeting. She felt it was somewhat misleading as it did not mention brothels at all so the public would not be aware of that. She thought it needed to be re-agendized to list liquor, brothel and gaming. Additionally, the spreadsheet was not put out until 24 hours before the meeting and that violated the Open Meeting Law. As far as Commissioners Schinhofen and Borasky recusing themselves, the order stated they were enjoined from participating in any decision by the Board in relation to the plaintiffs brothel license during the pendency of this action. Considering this would affect all brothels, including Dennis Hof’s,

Commissioner Cox

believed that part of the order applied to this item. If they had something in writing she would be okay with that, but she was not okay with them just saying it. Further, she believed it did increase the size of the government and that there would have to be more additions to this department as time went by. Commissioner Cox thought the Sheriffs Office was doing a fine job and could maybe streamline themselves a little bit or have another person in their department to administer this. She had also received a complaint that this would circumvent the NRS by taking the license bureau away from the Sheriff’s Office and she would like to have a little time for that to be checked out.

Commissioner Koenig

pointed out that originally a year ago the Board was going to take this over and the NRS said if it was to be removed from the Sheriff’s Office then this had to be created.

Commissioner Cox

said she did not see any reason to take it away from the Sheriff.

Commissioner Cox

made a motion to hold this item until the next meeting to have it looked at closer.

Commissioner Koenig

advised the Sheriff was in Washington, D.C.

Commissioner Cox

said she would allow her input also then. Since it had been going on for a year she did not think another two weeks would make a difference. September 4, 2018 7. 10:45 — For Possibie Action Public Hearing Discussion and deliberation — — regarding a request to: 1) adopt, amend and adopt, or reject Nye County Bill No. 201 8-1 4-Cont’d.

Commissioner Borasky

seconded the motion to hold this item until the next meeting to have it looked at closer; 2 yeas. Commissioners Koenig, Schinhofen and Wichman voted nay. The motion failed.

Commissioner Wichman

made a motion to adopt Nye County Bill 2018-14 and to set the effective date of September 24, 2018; seconded by Commissioner Schinhofen.

Commissioner Schinhofen

commented this had been a long time coming and he also had something in writing from the attorney if Commissioner Cox wanted to see it.

Commissioner Borasky

stated his nay vote had nothing to do with Dennis Hof or anything else. He did not agree with creating more codes and regulations when the County did not enforce what it had.