March 13, 2013

Commissioner Koenig

called the meeting to order at 6:00 pm.

Commissioner McCall

takes Roll. All members present. Approval of Minutes: a. February 13, 2013

Commissioner McCall

motions to approve. Commissioner Hafen seconds.

Commissioner King

has two corrections. Page 7 section 10, the 6" and 7” paragraph should have contiguous not continuous.

Commissioner Koenig

stated he had already gotten that.

Mr. Osborne

states item #13 for CU-13-0003 needs to be removed from the agenda. There was a noticing error so no action can be taken on the item. When we get to Item #14 we can discuss if we will hold a special meeting to hear the matter. Correspondence and Announcements There was none.

Commissioner Koenig

opened public comment at 6:03 pm. Harley Kulkin stated he is elected to represent the will of the people and the RPC represents the will of the BOCC who appoint you to your office. The Town Board supported him to take the seat as Town Board representative. You should respect the Town of Pahrump’s choice. One of the Town Board members suggested he come and participate from the audience and he stated no, because they disrespected the towns wishes.

Commissioner Koenig

stated Mr. Kulkin’s three minutes were up.

Commissioner Koenig

closed public comment at 6:07 pm. Commission Reports: a. BOCC Liaison Report - BOCC Liaison “Butch” Borasky Page 2 of 8

Commissioner Borasky

stated he had a conversation with a Town Board member and they would like us to be patient on the appointment of a Town Board member for the BOCC to approve. The member assured him they would only have to go one more month without a full board. And Commissioner Borasky stated it will be his goal to make sure there be a full board come May.

Commissioner Koenig

asked if he had heard the previous Public Comment.

Commissioner Borasky

stated he had come in towards the middle of it.

Commissioner Koenig

stated Mr. Kulkin said he was not going to bring another name forward.

Commissioner Borasky

stated he will double check with the individual and he will consult with the DA’s office on how we can fill the other seat. b. Pahrump Town Board Liaison Report - PTB Liaison (Vacant) None. c. Capital Improvements Plan Advisory Committee - John Koenig

Commissioner Koenig

stated they meet tomorrow at 2 pm at the Bob Rudd community center. d. PRPD Master Plan Update Steering Committee - Gregory T. Hafen II

Commissioner Hafen

stated they are trying to complete two chapters a month and hopefully will have it together to complete by the end of the year. Ex Parte Communications and Conflict of Interest Disclosure Statements

Commissioner Hafen

read his disclosure statement regarding item #8, for CU-12-0020. “TI am making the following disclosure because since the last meeting the applicant has questioned whether or not I have a conflict of interest. I feel I do not have any conflict of interest pursuant to NRS 281A.420 in this item that would affect my vote in any manner. The utility company that I am employed by does use VBL Environmental & Joe’s Sanitation to remove and process sludge at its dewatering plant. After this sludge is dewatered the effluent is returned to the utility company’s treatment plant. I do not own any stock in the utility company nor would I receive any monetary gain from voting on this matter. I also believe that it is irrelevant to this item that my employer uses Mr. Shay’s dewatering plant. I have not accepted any gifts or loans from Mr. Shay or his businesses; I have no pecuniary interest in anything related to Mr. Shay or his businesses, nor do I have any commitment in a private capacity to the interests of others that would affect my independence of judgment. Pahrump Valley Disposal does pick up the trash in front of my house and at my employer’s business as does the rest of the valley and/or business in Pahrump which has or needs trash pick-up. I conclude that the independence of judgment of a reasonable person in my situation would not be materially affected in this matter and because this is not a clear case of a disqualifying of a conflict of interest, I am going to be voting in this matter. The District Attorney’s office has advised me to make this disclosure. As my statements at the last meeting indicated, I believe the location for this proposed landfill is not appropriate based on the residential lots and zoning next to the subject property as well as the fact that a public health issue may arise Page 3 of 8 from putting a landfill in this location because the Desert Utilities well field is directly downstream from this potential proposed landfill.”

Commissioner Goode

stated he is abstaining from the housing agenda item.

Commissioner Koenig

stated Item 10.

Commissioner Goode

stated yes, item 10. Conditional Use Permit (CUP) Application (Continued from the January 16, 2013 RPC meeting): 8. CU-12-0020: Conditional Use Permit (CUP) application to allow a private municipal solid waste landfill on property in the Heavy Industrial (HI) Zoning District, per NCC 17.04.440.E, located at 1810, 1811 and 1941 E. Simkins Road, described as the Northeast 4%, Northwest 4 and the Southwest 4% of the Northeast 4 of the Northeast 4 of Section 26, Township 19 South, Range 53 East. Efrain Rene Morales — Property Owner/Applicant. AP#’s 27-361-01, 27-361-02 & 27-361-04.

Commissioner Koenig

refers to staff.

Mr. Osborne

states the applicant is requesting a continuance to the April 10” meeting.

Commissioner Koenig

states that if an item is continued there is no public comment on that item at that time. At the end of the meeting if you want to say anything about the item you can do so at that ime.

Commissioner Hafen

addresses Mr. Watkins. In the past they have allowed continuances and have stated that this is the last continuance. Is this something that would be appropriate with this venue.

Mr. Watkins

stated yes, but we need to still be flexible for certain unseen events that would warrant a continuance.

Commissioner Koenig

refers to the applicant. Rene Morales, applicant, they are requesting a continuance because they will be having a public meeting to discuss the public’s concerns on the 29" of March at 6:00 pm.

Commissioner Hafen

asks Mr. Morales if it would be acceptable to continue this to the next meeting with no further continuances, without any unforeseen circumstances.

Mr. Morales

stated he would like to take that to his Attorney and Engineer, he isn’t sure what is going to happen. They want to get this done and over with as well.

Commissioner King

motions to continue agenda item #9 for CU-12-0020 for the subject properties until the April 10" meeting. Commissioner Hafen seconds the motion.

Commissioner Goode

left the chambers.

Commissioner Koenig

refers to staff. Beth Lee reviews the staff report and the applicant would like a 30 day continuance to the April 10" meeting. The applicant is in the process of negotiating for an alternate piece of property.

Commissioner Hafen

asks Staff if this will be the last continuance.

Ms. Lee

stated she does not know. The applicant has two alternate pieces of property. The first choice is the one they are making the counter offer on, they do have a second choice if the first falls through. It may be worthy of consideration to go with a 60 day continuation.

Commissioner Hafen

asks Ms. Lee if they do change the location will it not have to be a separate application.

Ms. Lee

states yes it would.

Commissioner Koenig

stated then this one would get dropped.

Ms. Lee

stated yes, but it is her understanding they don’t want to fully withdraw this application until they have the property in escrow or further along with negotiations on the alternate piece of property.

Commissioner Hafen

asked Ms. Lee if the applicant is present.

Ms. Lee

stated they are not. Page 5 of $

Commissioner Hafen

stated so we can’t ask them if they would accept a 60 day continuance.

Ms. Lee

stated she did pose the question to them, but didn’t hear back from them prior to the meeting.

Commissioner Koenig

addresses Mr. Watkins asking if they can give them a 60 day without them being here.

Mr. Watkins

stated yes, and he wanted to state for the record that Commissioner Goode has left the chambers.

Commissioner Koenig

asks for a motion.

Commissioner McCall

motions to continue MP-12-0009 until the May 15, 2013 meeting.

Commissioner Hafen

seconds the motion.

Commissioner Koenig

refers to staff.

Ms. Lee

reviews the staff report, there have been no letters in opposition and staff recommends approval subject to the conditions in the Staff Report.

Commissioner Koenig

refers to the applicant. Christopher Tietjens, applicant, he has been in town for 5 years and he thinks we need another body art establishment; he has a lot of clientele.

Commissioner Hafen

asks Mr. Tietjens if he has read the conditions of approval and are they were acceptable to him.

Mr. Tietjens

stated yes. Public comment opened at 6:24 pm and closed with no comments.

Commissioner King

motions to approve CU-13-0001 subject to all conditions of approval outlined in the staff report. Commissioner McCall seconds.

Commissioner Koenig

refers to staff.

Ms. Lee

reviews the staff report; staff has received one letter of opposition of the CUP. Staff is recommending approval based on the conditions outlined in the staff report.

Commissioner Hafen

addresses staff regarding Nye County Code 17.04.700 Item F states they must submit a Certificate of Straight line drawing prepared by a professional Land Surveyor licensed in the State of Nevada which depicts boundaries within 1500 ft of any established community use, Church, school. Your staff reports they have not done this.

Ms. Lee

stated yes it is correct; they didn’t receive a straight line drawing by a licensed surveyor. There was a miscommunication when the application was submitted. Because there is a pending application with the BOCC for their liquor license, in an effort to expedite this, the applicant did submit a straight line drawing they did do a windshield survey. Staff did a search with in the Business License reviews and they didn’t find any applications for the protected uses in the [500 ft radius.

Commissioner Koenig

refers to the applicant. Andy Jordan, representing the applicant, the hookah lounge just wants to add beer and wine to the business.

Commissioner Koenig

asks for a motion.

Commissioner Borasky

asks Mr. Jordan what Hookah is.

Mr. Jordan

stated it is flavored tobacco.

Commissioner King

motions to approve CU-13-0002 based on the findings and Conditions of approval stated in the staff report. Commissioner McCall seconds the motion.

Commissioner Koenig

states item was pulled. Discussion and Direction Concerning Items for Future Meetings/Workshops; Set Date, Location and Time of Future Pahrump Regional Planning Commission Meetings. Page 7 of § 14. 15, Staff is recommending that you hold a special meeting on April 17" at 2:00 @ BOCC to hold the Pinnacle Propane Conditional Use item.

Commissioner Koenig

is this is agreeable with the board, and it was. The next regular meeting will be April 10" at 6:00 pm.

Commissioner King

stated he would like to further discuss the noticing. He noticed when he picked up the Staff report that we were inconsistent with our noticing. It had always been the policy of the Planning Department when he was involved to have a minimum of 30 different property owners noticed for every public meeting. The NRS stated 300 ft but it also 30 different property owners. He knows there are different requirements for different applications. The policy that had been established to err on the side of the maximum number so we don’t under notice. Master Plan Amendment changes have their own requirements and, CUPs for propane facilities have a different requirement than for a standard CUP. We need to look at standardizing noticing process where we don’t cut ourselves short and under notice. It would benefit us to use the widest area outlined in the NRS to ensure we don’t have anyone upset at us.

Commissioner Koenig

stated he wants an agenda item for the next meeting to discuss to come to a conclusion.

Commissioner Hafen

stated he would like to add to that if there are any budgetary constraints that would fall along with that, to include that information.

Commissioner Koenig

stated for example the Propane we have to go out 1000 ft. To also include how that would impact your budget as far as mailing and preparation costs, etcetera.

Mr. Osborne

stated he would be glad to put something together for the next meeting on that.

Commissioner Koenig

opens public comment at 6:36 pm and closed with no comment.

Commissioner Borasky

asks Commissioner Koenig to return to the BOCC comment section.

Commissioner Koenig

returns to the BOCC Liaison Report. Adjournment.

Commissioner Hafen

motions to adjourn. Commissioner McCall seconds. Meeting adjourned at 6:37 pm. Approved Date: Attest, John Ko€pig, Chairman Idnpitér McCall, Secretary/Clerk Pahrump Regional Planning Commission Pahrump Regional Planning Commission Page 8 of 8