June 19, 2019

Commissioner Koenig

Assessor Parcel Number Building and Safety Board of County Commissioners Capital Improvements Plan Conditional Use Permit District Attorney General Commercial High School Manufactured Home Neighborhood Commercial Nye County Code Nevada Revised Statues too al Public Works Rural Density Residential Right of Way Regional Planning Commission Single-Family Residential Temporary Use Permit Waiver Zone Change Pledge of Allegiance/Call to Order Meeting called to order at 6:00 pm.

Mr. Waggoner

stated code compliance had received complaints on activity on the property. In addressing the complaints a Cease and Desist was placed on the property. They tried to determine if they were operating a gravel pit. In the definitions is an open area of land where sand gravel and rock fragments are mined or excavated for sale or off tract use. The material was being excavated and hauled to a few jobs sites in town, one being Pleasant Valley and the other Artesia. They met with the applicant at their site, they claimed they were doing excavating for future development. If that is the case then that would require grading permits. Determination was made to issue the cease and desist so they could proceed with a ZC or CUP for a gravel pit or if a construction project it would then require a site development and grading plan. Staff reviewed and made the recommendation to either affirm or overturn the decision. They do have some additional back up they would like the board to accept.

Commissioner Thomas

motioned to accept additional back up. Seconded by Commissioner Tyler.

Commissioner Curtis

asked if the plan they are submitting is for development of the property or are they going to continue to removing gravel as staff reported as being transported to another location. And asked what their plans are.

Mr. Phillips

stated his understanding is the intent is to only remove the gravel so they can grade the lot to connect the roads on either side of the property. The roads on either side of the property are at a much different grade then the lot. The Murphy’s don’t yet have an intent for the property and have no actual development plan. The grade is so unlevel it is essentially land locked and doesn’t connect to the roads.

Mr. Phillips

asked the Murphy’s if that is correct.

Commissioner Duryea

stated they have no documentation of the meeting in April and from their perspective it is a he said she said.

Mr. Phillips

stated a MOU was supposed to be supplied, the meeting was recorded and he has a copy of that and can make it available.

Mr. Waggoner

stated in the staff report, he did visit the site with Director Dahl. They did discuss the possibility of the MOU. It has been done for certain situations in the past, never this one. At that time of the meeting they felt there was a possibility they could do that. They did pursue that with the DA’s office and the opinion of the DA’s office was that it isn’t recommended so they did not go that route.

Commissioner Tyler

asked staff if they typically allow people an extension of time to run their business when they were never given formal approval?

Mr. Waggoner

stated no. There have been some recent situations where this exact thing happened and jobs were shut down for not having proper permitting. Back before his time there were early grading permits but that was done when everything was submitted but may be missing a document or drainage study so sometimes they would do that and hasn’t been done in any recent past. We use MOUs for Code Enforcement issues if they need extra time to get things done with their case.

Mr. Richardson

stated he was involved with the request for the MOU and they determined it was not appropriate and they could not agree to extensions like this. It creates a precedence that knows no bounds and he advised Mr. Waggoner they could not do this and immediately started working on the Cease and Desist.

Commissioner Thomas

asked Mr. Waggoner if the decision not to pursue a MOU was conveyed to the Murphy’s or the Attorney.

Mr. Waggoner

stated to the Murphy’s, yes but not the attorney. Page 3 of 14

Commissioner Thomas

asked if anything was provided in writing.

Mr. Waggoner

stated no, it was just in phone conversation.

Commissioner Thomas

stated the attorney said the gravel removal was because of the terrain of the property. And asked if there was a need to connect the roads to grade the property.

Mr. Waggoner

stated he can only attest that it is a rough area and the roads are not county maintained. He isn’t an engineer and can’t tell anyone what would be necessary to make it work.

Commissioner Thomas

asked if the information conveyed in this meeting conveyed before zoning trial level.

Mr. Waggoner

stated no. All we had to go off was what we could see with our own eyes. It appeared to be a gravel pit and they aren’t crushing or processing rock. They are bulldozing, loading and hauling it to wherever. They did stockpile some construction debris that is why it is listed in the Cease and Desist. They had no future plans and they said they aren’t running a gravel pit but that is the only evidence they have to go on with the exceptions if they submit plans Friday that show they are moving towards some development. They need permits, a grading permit, grading plan review and engineered plans. As far as a CUP it won’t be necessary unless the land use requires it. The CUP comes in if they want to run a gravel pit, and it would require a zone change to HI. Until we know what the land use will be we won’t know if a CUP would be required or not.

Commissioner Thomas

stated the lack of an MOU was never conveyed until they received a Cease and Desist. He asked for clarification why this shouldn’t be remanded so the initial trial of fact can have a complete record to operate off of.

Mr. Waggoner

stated he doesn’t have an opinion on that. When the MOU isn’t a feasible solution to the problem per the DA’s office the Ceases and Desist is, it was and is a code violation.

Commissioner Thomas

stated shouldn’t it been conveyed to the Murphy’s per the DA’s office that the MOU wasn’t appropriate so they could either Cease and Desist based upon the conversation or they can get a letter that orders them Cease and Desist.

Mr. Waggoner

stated that is what a Cease and Desist is, it was served on the property and through the mail.

Commissioner Thomas

stated they were expecting an MOU shouldn’t an email, letter or something in writing say you won’t pursue an MOU and they have a choice to voluntary Cease and Desist or they will be served with a Cease and Desist.

Mr. Richardson

stated Director Waggoner stated that he informed them orally that there would be no MOU and a written Cease and Desist followed. It would be very evident to them there would be no MOU forthcoming they were told that orally. For clarification there is a pit out there that isn’t allowed and Director Dahl may have other things that were revealed during the visit with the Murphy’s that can add to this discussion.

Mr. Dahl

stated during the visit it was obvious it was a gravel operation. You don’t just clear off a lot and do what they were doing. The intent was they were clearing off a lot, put it to a certain grade to make the lot appealing to a potential buyer, that is the story they were told. When you visit the site there was construction equipment, they were mining gravel and hauling off the gravel. The lot does have three roads that surround it, with the far east towards the mountain having no road behind it, so there is no reason in his eyes to cut that down to meet any meet road Page 4 of 14 elevation. The west side may be the case, but you don’t have to take a lot down to the road surface, you can have a slopped driveway.

Commissioner Thomas

asked if there were photographs taken reflecting your observations.

Mr. Dahl

stated he didn’t find it necessary to take photographs. He is sure it is worse today due to more material being taken off of there and you can see the visual today. He received complaints of construction vehicles driving down Winery Road. They were still hauling off plenty of material the day of the meeting. The story they received on site at the time of the meeting was that they planned to excavate 5 or 6 feet on the west side and 12 to 15 feet on the far east side of the property which would make it an inconvenience for the other neighboring property owners to develop those lots with such a dramatic drop in elevation from this property to the next properties.

Mr. Richardson

stated in the back up supplied by the Murphy’s in their appeal they indicate it is a weekend project and in the observation of both the directors it is quite to the contrary.

Mr. Richardson

asked Mr. Dahl if he indicated to him they were selling the material.

Mr. Dahl

stated the complaints he received was all hours of the day and night and there were construction activities and obviously selling material to other subdivisions to build pads. That is how the complaints he received over the phone were being explained.

Commissioner Thomas

stated the Murphy’s attorney has stated the opposite. The only picture they have in the back up is an aerial photo.

Mr. Waggoner

asked if he went by and visited the site in preparation for the meeting to know what you’ re talking about.

Mr. Dahl

stated there is Pictometry you can look at on the GIS website that will give you all four different directions of the property and any property in town.

Commissioner Thomas

stated the record has to be before them in written form and in theory he isn’t supposed to go out and do his own research. Why shouldn’t this be sent down to the trial court to make the findings.

Commissioner Duryea

stated this isn’t the court of law, the rules here aren’t the same as the legal court of appeals.

Mr. Richardson

stated that is correct.

Mr. Phillips

stated he agrees there is a concern with respect of lack of communication they received regarding the MOU and Commissioner Tyler’s question about whether or not the County traditionally does these or do we make them available. He understands that Mr. Waggoner spoke to the DA and they determined it wasn’t an appropriate remedy.

Commissioner Tyler

stated he has that mistaken, she did not ask if they traditionally make the MOU’s available, she asked if we traditionally allow people to continue to operate as a business when we haven’t given approval in the first place.

Mr. Phillips

stated he stands corrected, and the comments are relevant at the meeting it was explained to the Murphy’s they would be able to continue to operate until the MOU was provided and until the 60 days they were offered to create and submit the grading and engineering plan. Page 5 of 14 The MOU would have been in place to memorialize the understanding to continue to operate, and no they weren’t advised of that until they received the Cease and Desist letter. He stated Mr. Dahl mentioned the pit next door is owned by Mr. Murphy’s father and is unfair to the board to consider the gravel pit that is adjacent.

Mr. Dahl

stated he wasn’t referring to a pit next door, he was referring to this property as appearing to be a gravel pit.

Mr. Phillips

stated there is a significant pit next door, the operation the Murphy’s are conducting on their land is with respect to grading the land so it can be accessed by both sides to make the property usable.

Mr. Waggoner

stated there was stockpiles on the property and the dust plan includes stockpiling and having items stockpiled on the yard is beyond what they have been permitted to do.

Mr. Waggoner

stated for clarification it isn’t the gravel being mined, he is talking about concrete from a demolition project being stored on the property. Stockpiling doesn’t allow you to treat a property as a land fill in that regards. It is common for a gravel pit to haul in asphalt or concrete to process, and it isn’t being processed. That is what he is referring to on stockpiling. Danny Murphy stated some of the concrete that is there his father pushed in the road way, and he moved it out of the road way and some of the concrete, not all of it was from his father’s operation that was pushed over there. He told his father he wouldn’t push the concrete into the road way because it was put on his property and that he planned on hauling it to the dump.

Mr. Richardson

stated for clarification they told Director Waggoner there would be no MOU and any agreement they would enter into would not have a provision allowing continued operation.

Mr. Phillips

stated the MOU was presented as an option apparently before speaking with the DA’s office. It would have been prudent to figure out before the site inspection and conversation presenting a MOU and continuing to work for 60 days.

Commissioner Lee

stated in regard to the Cease and Desist, #1 says provide copies of all state license and permits for the property address as listed above, the address is 3320 E. Commerce St. The documents provided are for 3751 Percheron. How does the business license cover that property? Dawn Murphy stated with any business she runs them out of her home, all the records are handled there. She isn’t operating a business there.

Commissioner Lee

stated if they aren’t operating a business there why didn’t you respond back with that instead of submitting that business license.

Mrs. Murphy

stated she was asked for a business license and her gravel business was hauling the gravel off of there, so she assumed that was the business they wanted to see. As soon as they received the Cease and Desist they have stopped work.

Mr. Murphy

stated they aren’t digging a hole, they are starting at the road and going 1% straight back, they aren’t making a gravel pit or a hole. They want to flatten the land out. They bought PCI to make concrete septic tanks and they eventually want to see if they can move that plant over there. They are making money off the gravel but that is the American way. Doing this helps with flood control with the water coming from the fan.

Mr. Dahl

stated those are some of the things turning in a grading permit will help them identify. Page 6 of 14

Commissioner Lee

stated the business license for PCI Sand and Gravel is done as a home occupation from your home. The Town of Pahrump has you listed as retail home and garden, septic tanks, manufacture and delivery and part of that is gravel delivery. Where does PCI Sand and Gravel get its gravel.

Ms. Murphy

has a BLM pit right next to the county pit. They buy gravel from other companies, they have another source of gravel.

Mr. Murphy

stated they just want the land flat.

Commissioner Lee

asked where their dust control sign is up there.

Mr. Murphy

stated if it has blown away it is on the power pole at the back of the property. He intends to get back up there and correct that.

Commissioner Lee

stated it needs to be on posts as indicated in the dust control plan. Stating their dust control plan they applied for well, power and clearing as a weekend project. Clearing and grubbing is removing vegetation has that been done yet.

Mr. Murphy

stated they are working on that as needed.

Mrs. Murphy

stated there is also an application for dust control modification where she changed the product description well, power, grading the lot to 2% slope. When she did that she was given a piece of paper, stating batch plant grade flat 1%, from the Dust Department.

Commissioner Lee

asked where the asphalt chunks came from.

Mr. Murphy

stated it is concrete chunks and a lot of it came from his father’s property. He wanted to haul the concrete off but had gotten shut down before he could do it.

Commissioner Lee

stated the NDEP permit shows your driving directions have you driving from one road to another parallel road. It may be something you need to look at.

Mr. Murphy

stated their goal is to flatten the parcel out to Parsons and then go right across the property to the next road.

Commissioner Lee

asked Mr. Dahl if Parsons is a developed road or will they need to develop the road.

Mrs. Murphy

stated it isn’t dedicated to the county.

Mr. Dahl

stated it is his understanding it was all parceled with a record of survey from 1983 which has statements to dedicate but the owner certificate states all roads are private. They are owned by the original developer and no one has the authority to do anything with the roads until ownership has been determined by each property owner. He can put an overhead aerial of the property he can provide that if they would like.

Commissioner Lee

stated yes. Amanda VanHouten, Code Enforcement Officer, stated she also has pictures of the property when the cease and desist was posted. Commissioners Duryea and Thomas stated yes they would like to see it.

Ms. VanHouten

stated the date the C & D was served was May 13". Page 7 of 14

Mr. Richardson

asked Ms. VanHouten to depict the part of the property they are seeing and the relevance of each photo.

Ms. VanHouten

stated the first picture is taken right at the corner or Butler and Commerce, the South West corner. When the Cease and Desist was served she was accompanied by Christina Sandoval, a deputy with the NC Sheriff office.

Commissioner Lee

asked if the second picture was from on the property or on the ROW.

Ms. VanHouten

stated it was from the road going towards Tortious Hill.

Commissioner Thomas

stated the picture looks like a hill and a flat area leading up to the hill. What is the hill in the background?

Ms. VanHouten

stated piles of gravel and dirt.

Commissioner Thomas

asked if that is natural contour or has it been pushed up.

Ms. VanHouten

stated that it was pushed up, one other picture shows the ridges in the gravel piles. There is no vegetation on these piles and the surrounding area does, so it has been recently done.

Commissioner Thomas

stated half way up on the far-right side of the photograph the dirt is darker. Is that the natural grade?

Ms. VanHouten

stated she believes so, yes.

Mr. Richardson

stated they would like to add and would need an motion these and prepare the still copies after the meeting.

Commissioner Lee

asked if they want these added as additional back up.

Commissioner Lee

asked Mr. Richardson if they would want that to be done with the aerial maps that Mr. Dahl will be showing them as additional back up.

Mr. Richardson

stated yes, that is their request.

Commissioner Lee

asked for a motion to accept the aerial maps that Mr. Dahl will be showing as additional back up.

Commissioner Thomas

stated as so moved but requested a 10 minutes recess to look at them.

Commissioner Lee

asked if he wanted them as print outs.

Commissioner Lee

asked if staff had access to print the photos.

Ms. Sandoval

stated she can print to the Admin Xerox, if Commissioner Koenig has access to it. Page 8 of 14 Seconded by Commissioner Duryea.

Commissioner Lee

clarified that the motion and second was to view and have hard copies for the board before proceeding.

Mr. Richardson

stated yes, and that would allow for Director Dahl to discuss his overhead. Meeting went into recess at 7:01 pm.

Commissioner Lee

asked the board if they have had sufficient time to look at the photos. Meeting reconvened at 7:19 pm.

Mr. Dahl

stated this is the GIS that is available on the Nye County website that anyone can pull up property information. He has highlighted the 10 acre parcel for everyone to see and discussed some roads in the area for reference.

Commissioner Lee

asked Mr. Dahl when the GIS photos taken.

Mr. Dahl

stated these are from March 2018 and reviewed the aerials.

Mr. Richardson

asked Mr. Dahl if there was a discussion with what they were doing while you were out at the property meeting with Mr. Waggoner.

Mr. Dahl

stated yes, Dawn and Danny said they were selling the materials but not to who.

Commissioner Curtis

asked about the compliant of working at 10 pm at night.

Mr. Murphy

stated he had a brother helping him and was trying to impress him. He didn’t know he was doing that and once he found out he put a stop to it. Mr. Dahl was on the property when the trucks were coming in and getting loaded. He told him at that time and it is on the recording that he wouldn’t let that happen again. They put weekends on the plan just in case they wanted to work then.

Commissioner Curtis

asked when they started doing this.

Mr. Murphy

stated 2 months ago.

Mrs. Murphy

stated March 27".

Mr. Murphy

stated they were able to work for a month before they got the cease and desist.

Commissioner Curtis

asked who did the recording.

Mr. Murphy

stated on his wife’s cell phone.

Commissioner Curtis

asked if it was told to anyone.

Mr. Murphy

stated they checked with their lawyer and were told they didn’t have to. Sometimes they have to protect themselves.

Commissioner Curtis

asked for clarification that they stated the adjoining property has a 10 or 12 foot bank. Page 9 of 14

Mr. Murphy

stated there is a 30 foot embankment they won’t do that just wanting to level it flat. It won’t effect the neighboring properties.

Commissioner Thomas

asked Mr. Waggoner if he had access to the photographs they were just provided to us and the GIS Mr. Dahl provided.

Mr. Waggoner

stated yes and based off of personal observation. He went up to look for himself to make the determination.

Commissioner Thomas

asked if he used the photographs and what they represent as part of his decision of the Zoning Administrator.

Commissioner Thomas

asked if he provided the photos and GIS to the Murphy’s so they would know what you considered.

Mr. Waggoner

stated, no he physically visited the property with the Murphy’s and they explained exactly what they were doing. There was no need to provide the photographs that were taken at that point.

Commissioner Thomas

stated Mr. Dahl said the photographs depict significant drainage on the property and asked if he saw that too.

Mr. Waggoner

stated yes they also discussed it with the Murphy’s on site at the property.

Commissioner Thomas

asked what the conversation was on the drainage issues.

Mr. Waggoner

stated that is where the engineered grading plans would come into play from the aerial there appears to be significant drainage that goes through the property and could possibly need to be mitigated, that would need to be determined by the engineer. Per NCC if you are going to grade more than 50 cubic feet of property you are supposed to have an engineered grading plan. Which could also require a drainage study.

Commissioner Thomas

asked if the drainage altered or changed in any significant way.

Mr. Waggoner

stated yes. All of the natural grade on the property that would come out to Butler is gone. You can no longer see any of the natural water flow now.

Commissioner Lee

asked how the meeting with staff and the Murphy’s originated.

Mr. Waggoner

stated Danny called the office requesting the meeting. He believes he also called Director Dahl as well and that is why they came out together.

Commissioner Curtis

asked if there has been any indication that the applicant would request to rezone or is that not at all considered.

Mr. Waggoner

stated not to him yet, he doesn’t believe from what they are telling him they don’t intend to run a gravel pit. Until they state they intend to run a gravel pit, there is no need for the zoning until we know exactly what their final plan for the property is.

Commissioner Curtis

asked if Monday they plan on submitting those plans. Page 10 of 14

Mr. Phillips

stated yes, at this time it doesn’t make sense to submit a zone change because there is no other intended use for the property other than grading the lot.

Mr. Waggoner

stated the engineered grading plan is required and would be reviewed by Nye County’s engineer to issue the grading permit and done typically prior to grading the property.

Mr. Richardson

asked who his employer is or if he is self employed

Mr. Spross

stated he is the President of Wulfenstein Construction.

Mr. Richardson

asked what he based his complaint on and what did he observe.

Mr. Spross

stated he observed truck traffic driving down the road and what he believed was a operating gravel permit. He came to the zoning department to see if it was zoned for a gravel permit and it was zoned Light Industrial and it needs to be Heavy Industrial it wasn’t and so he filed his complaint.

Mr. Richardson

asked Mr. Spross what specific observations did he make that caused him to conclude in his experience that a gravel operation was under way and how long did he have the observations? Was it March, April and May and for how long?

Mr. Spross

stated he observed it for 2 or 3 weeks. He followed some trucks out, saw trucks being loaded with a loader, saw what appeared to be a grizzly to sort materials, he could be wrong. He knew the roads were private so he stayed a distance away to avoid being on private property.

Mr. Richardson

asked if he knew where those materials went, what the destination was.

Mr. Spross

stated they were delivered to a couple subdivisions here in town.

Mr. Murphy

stated Wulfenstein is his competition and the trucks were hauling to them. The Superintendent came to him and asked him to haul out of there and he said yes. It was an opportunity that arose, they came to him. He stated he could have either pushed the dirt into his dad’s hole on the next property or he could make money one it.

Mrs. Murphy

stated they never had a grizzly on the property. They are the competition and their business always get every single contract for Nye County so she doesn’t feel so bad.

Commissioner Lee

asked what a grizzly is.

Mrs. Murphy

stated it is a square screen that doesn’t have any moving parts that you can make gravel on.

Mr. Phillips

stated Mr. & Mrs. Murphy don’t disagree or dispute that they are moving gravel, or that they need a grading plan or an engineering plan. Their concerns are that the county represented that they had time to present those documents and would be allowed to work until that time and they weren’t allowed to do so. Page 11 of 14

Commissioner Tyler

stated her concern is that we don’t traditionally let any kind of grading without permits and if we chose to let them move forward and continue operation without properly approved permits we would set a precedence and let everyone else that does that type of work to do it anywhere else they chose in our county.

Mr. Richardson

stated you have to give the administrator deference in his decision. He directed the board to the language on the last page of the staff report before voting, item #5 top of page 18. The audio disc was not offered and he would have objected it, he hasn’t had a chance to authenticate it. He is dismayed that the officials were invited out there and then recorded.

Ms. VanHouten

stated for clarification that the definition of a gravel pit is on the second page of the staff report, and stated the appellants has stated several times that is in deed what they were doing.

Commissioner Duryea

motioned to affirm the decision of the Zoning Administrator. Seconded by

Commissioner Thomas

stated he voted aye because the Murphy’s admitted to selling the materials, absent that admission he would have voted no.

Commissioner Lee

stated the appellants have the right to appeal to the BOCC and have 30 days to do so. For Possible Action: Discussion, deliberation and possible action regarding updating the PRPD Master Plan Update — Chapter 4.

Ms. Beeman

stated the demographic information that is based off the Census isn’t going to be available and that is the information we should be using for that.

Commissioner Lee

stated the Census won’t be available till next year and data not available wholly for a year or two. It is feasible there are items that could be updated but anything updated on Census data probably won’t be available till the next update in 5 years.

Commissioner Koenig

stated on page 33, Water Availability - something needs to be added that states water usage estimated at 72,343 afa add a comment that we only get 20,000 afa coming in. It is a definite problem.

Mr. Waggoner

asked if the water board has any up to date information than what was done back then?

Commissioner Koenig

stated the present information comes from the State Engineer and he changed that from 12,000 afa and he changed that to 20,000 afa if you can recapture the 8,000 that runs into California. We can’t use 72,343 afa without pumping the aquifer dry. We need something in there that talks about the water problems we are facing today.

Ms. Beeman

stated that is a worst case scenarios projection if all potential lots for domestic wells were drilled. We can amend this, the bulk information related to water is in chapter 6 and they both need to be dovetailed. Page 12 of 14

Commissioner Thomas

stated this paragraph needs to be clarified and updated to current water availability, then it can say see chapter 6 for cross reference. On page 48 he doesn’t see how they can support 101,765 people much less half a million.

Mr. Waggoner

stated he is trying to get direction where to get actual data not just conversation.

Commissioner Koenig

stated to contact Oz he is the director of the Water Board.

Commissioner Duryea

stated on page 30, Growth in the Pahrump Valley second paragraph, Economist is with a capital E and it should be a lowercase and plural, economists. At the bottom of the page, Land use designation table, do they need updated.

Ms. Beeman

stated it will have to be updated.

Commissioner Duryea

asked if the RDR addresses agriculture in the valley or does there need to be a separate line.

Ms. Beeman

stated she will need to have a conversation with the Assessor’s office to see what their database says and use their land use codes to separate it out.

Commissioner Duryea

stated on page 37, at the top the BLM disposal and the 1998 Las Vegas Resource Management Plan. As far as he can figure out BLM hasn’t updated the 1998 plan yet. On page 39 the graphic states proposed trail head on Kellogg, that needs updated and if any others are active proposals or completed. One page 45 the same for the graphic update that if needed. One page 51 Objective B, Policy 1, it refers to NRS 410. Has that been implemented yet.

Ms. Beeman

stated that has not been done.

Commissioner Koenig

on page 48 — build out comparisons needs to be updated based on what we know.

Commissioner Duryea

stated page 52, Goal 8 Objective A — develop nuisance ordinances that define undesirable land uses etcetera. Have we done that?

Mr. Richardson

stated they just did a new ordinance on panhandling, vagrancy and disorderly conduct.

Commissioner Duryea

stated that is still a work in progress so we can leave it as is.

Commissioner Lee

stated on page 41, second bullet point after second paragraph. Are the sensitive areas defined by Planning, the developer, or Fish and Wildlife.

Ms. Beeman

stated that would need to be defined.

Commissioner Lee

stated there are tortoises and those are under the Fish and Wildlife. We could put an example like the desert tortoises.

Commissioner Tyler

asked if they will get to look at the document again before the recommend adoption.

Commissioner Lee

stated yes. They will review chapter by chapter then as a document before recommendation.

Mr. Richardson

stated Director Waggoner asked him about the statement directed to the Murphy’s on Item 7 about time to appeal. Code states it is written notice to decision and their Page 13 of 14 time from appeal runs. He hasn’t had a chance to check the number of days and who made the statement.

Commissioner Lee

stated it was probably her. Celeste Sandoval stated it is 10 days.

Mr. Waggoner

stated what he will do is also notify them ahead of the FAM with some sort of certified delivery that it as misstated and clarify that once they do receive the FAM they then have 10 days and spell out the appeal process.

Commissioner Curtis

stated in regard to impact fees, she feels we are losing income because we aren’t applying impact fees on the mobile warehousing. If they were to build a warehouse, they would pay impact fees, but using the containers they are circumventing the system.

Commissioner Koenig

stated that is a decision for the CIP board.

Commissioner Thomas

motioned to have staff consider the comments made and especially

Commissioner Koenig

and Commissioner Strickland’s comments about water. Seconded by