December 11, 2013

Commissioner Koenig

asks staff for recommendations on it. Beth Lee states she has historical information on it. Robert Lewis stated he spoke with Mr. Hollis and he has gained 60% of the property owner’s information out there, in order to initiate a zone change all the property owners would need to sign the petition. He suggested to Mr. Hollis to petition the RPC for the change to have staff sponsor the zone change.

Mr. Hollis

stated he has been trying to get rid of the Kingdom for 8 years, if he can get the town to take the 10 acres out of the picture, the county can then get the Kingdom in brothel property.

Mr. Richards

has agreed to sign an agreement that no other sexual oriented business would end up on the property.

Mr. Hollis

stated he also has an idea to Dr. Gunter who has a project on Wilson Road, he wants places where people can stay and he believes we should make the front of the property park models.

Commissioner McCall

motions to approve, seconded by Commissioner Hafen.

Commissioner Dolan

stated after speaking with the DA’s office he has received verbal opinion from the DA as to whether or not he is to remain on the RPC since he has declared his candidacy Page 2 of 8 for the county commission. The DA stated to him there is nothing in the RPC bylaws or Nye County Policy stating he shall have to step down from the RPC. As an elected official for the Town of Pahrump and appointed and confirmed by the BOCC as a member of the RPC his intention is to keep his seat on the RPC as such time he is elected to the BOCC or removed by a vote of the BOCC as a whole.

Commissioner Hafen

states we have a meeting next week where they are going over the conservation section, which includes water. The meeting has been moved to the 19th of December.

Commissioner Koenig

asks the DA’s office if we can accept the picture Mr. Varin is providing.

Mr. Sutton

states as long as it is provided to the public also.

Commissioner Hafen

asks Mr. Varin what made him choose the particular location to buy.

Mr. Varin

stated it is a rural location, not a lot of elderly people around, and it has the proper outbuildings he needs.

Commissioner McCall

asks Mr. Varin if he has read and understood the special conditions of approval.

Mr. Varin

stated he does.

Commissioner Koenig

is concerned about having 47 dogs on a little over an acre lot. That is a lot of dogs to be located there. Page 3 of 8

Mr. Varin

stated there is more than sufficient room in the two buildings that he has for the dogs. In one building he has 20 – 4’ x 16’ runs sitting in the building. The other building he has the ability to put in another 16 runs that are indoor/outdoor runs.

Commissioner Carbone

asks if he has ever lived in another county or state based on the amount of years he has been doing this, and was it the same amount of dogs.

Mr. Varin

stated he lived in New York his entire life up until two years ago when he moved to Nevada. He had 55 dogs of his own plus the additional ones he boarded and handled.

Commissioner Carbone

addresses staff regarding the heating system they plan to put in.

Ms. Lee

stated we can add a condition of approval to verify it was done if the board chooses to.

Commissioner Koenig

asks for a motion, there was none.

Commissioner Koenig

states it fails for a lack of motion.

Commissioner Koenig

addresses Mr. Sutton and asks if it can fail for a lack of motion.

Mr. Sutton

states it can fail for a lack of motion it would be an action of denial and if he chooses to appeal he can.

Commissioner Koenig

asks for a motion.

Commissioner McCall

motions to deny based on finding #7, the conditional use may involve uses, activities, processes, materials and equipment, and conditions of operation that could be detrimental to any persons, property, or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glares or odors. Seconded by Commissioner Dolan

Commissioner Hafen

asks the applicant if they have read and understood the conditions of approval, specifically #3.

Commissioner Hafen

motions to approve CU-13-0016 based upon the 8 findings and subject to the conditions of approval. Seconded by Commissioner McCall.

Mr. Osborne

states there was an error in the agenda item it should state a reduction of 373.04 square miles to 231.46 square miles not acres.

Mr. Osborne

reviews some of the positives and negatives to moving the boundary. Staff’s recommendations to the RPC are to recommend to the BOCC to not reduce the PRPD boundary and recommend rejecting Bill 2013-26.

Commissioner Hafen

asks the DA’s office to comment on the correction to the agenda item language on the square miles from acres.

Mr. Sutton

stated it is a clerical error and could be fixed on the record.

Commissioner Carbone

stated right here, and pointed to Commissioner Borasky.

Commissioner Koenig

reads an email received from Walt Kuver, who couldn’t make the meeting – would appreciate my public comments being read during the discussion on reducing PRPD boundaries:  “The planning district boundary should remain as is in support of the upcoming Basin 162 Groundwater Management Plan.” Page 5 of 8  “Growth Control resulting from that plan’s allocation of limited water resources will need to cover as much area of potential development in Pahrump as possible – particularly the Front sight facility down South and the future airport site off of West Gamebird Road.”  “It makes no sense to give up RPC oversight in advance.”

Commissioner Dolan

stated the Town Board voted 4-1 to bring this to the RPC and the majority of the board was to recommend denial through himself to the RPC.

Commissioner Carbone

stated there are areas that nothing is happening and aren’t really buildable so why would we have the RPC control those areas when nothing is going to happen there. Some of the areas indicated at Roadrunner and above have been the same for 20 years. Other areas on the map aren’t probably going to be developed for probably 30 years, why have them all under the control of the PRPD.

Commissioner Koenig

stated if nothing is going to happen there then it doesn’t really matter if we control it, if nothing is happening they aren’t controlling anything. It would spend staff time changing maps, several documents and dust and water issues for something that isn’t happening. He needs a reason to not control something, when nothing is happening out there to control anyway.

Commissioner Carbone

stated most of the land we are talking about is BLM land, it would also take it out of the Dust Control Area and it would reduce the area we would have to control.

Commissioner Borasky

states there is no road system up in there and the chance that someone would build up there is slim to none without access in or out. When it comes to the BOCC he will have a list of pros and cons that he feels are a little bit different. We don’t have enough water now for what little bit of growth we have going on.

Commissioner Koenig

stated they aren’t controlling anything, because there isn’t anything up there, they only control something if something happens.

Commissioner King

stated the gateway to the Pahrump Valley is Hwy 160 to the North. Without overseeing that section we could have junk yards and junk homes storage areas and we can’t do anything about it.

Commissioner Borasky

states to just make their decision and send it to the BOCC.

Commissioner Hafen

asks if the following statement is accurate in Nye County, “All private land within the Pahrump Valley is in the PRPD currently except for the brothels?” Excluding Clark County and the brothels.

Commissioner Hafen

states so Two Brother’s Junk could not go right on the other side of the PRPD because of the BLM land correct?

Commissioner King

motions to recommend to the BOCC to not reduce the PRPD service area and reject bill 2013-26 based on the findings outlined in the staff report. Seconded by

Commissioner McCall

. Page 6 of 8 Vote: Motion carried by unanimous roll call vote (summary: Yes = 6). Yes: Bill Dolan, Bob King, Gregory Hafen II, Jennifer McCall, John Koenig, Joseph Goode. Absent: Bruce Earl. Future Meetings/Workshops:

Commissioner Koenig

would like staff to look into the Roger’s Estate area and see what needs to be done to do a zone change or what needs to be done to have the area to not allow large animals.

Mr. Lewis

reviews some issues that were brought to his attention regarding Code Compliance. One citizen Mr. Bob Howard is proposing to him an appeal process and an appeal committee that he would like to see added into our processes.

Mr. Lewis

would also like a directors comment section added to the agenda to show the progress that is being made on the Code Compliance.

Commissioner Koenig

addresses Mr. Sutton and asks if this is okay as long as it isn’t commenting on active code cases that could roll over to us.

Mr. Lewis

states he would report on cases that are closed and have a positive outcome, not current cases that could be heading to the DA’s office for remedy.

Mr. Sutton

asks Mr. Lewis if he would be using names?

Mr. Lewis

stated no he would only use locations and what they have done to clean up properties.

Mr. Lewis

states we have had 233 code cases filed in 2013, we have closed 156 of those, we have 77 currently open in 2013. Over 2008 to 2013 there is over 300 cases at any level, 26 at the DA and 30 on admin hold for various reasons, and 167 have a pending status. Those are the things that they wanted to bring to the light of the commissioners.