December 11, 2019

Commissioner Strickland

tou wd ud uw ub te tt wea Pledge of Allegiance/Call to Order Meeting called to order at 6:02 pm Assessor Parcel Number Board of County Commissioners Capital Improvement Plan Conditional Use Permit Federal Emergency Management Agency General Commercial Manufactured Home Nye County Code Nevada Revised Statues Pahrump Regional Planning District Public Works Right-of-Way Regional Planning Commission Single-Family Residential Zone Change

Commissioner Lee

stated she turned in some minor typographical errors to staff.

Commissioner Tyler

motioned to approve with corrections. Seconded by Commissioner DeAnda. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Beth Lee, Carol Curtis, Leah-Ann DeAnda, Pamela Tyler, Robert Blackstock, Tom Duryea, Walt Turner. b. PRPC Meeting — November 13, 2019

Commissioner Lee

stated she turned in some minor typographical errors to staff.

Commissioner Tyler

motioned to approve with corrections. Seconded by Commissioner DeAnda. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Beth Lee, Carol Curtis, Leah-Ann DeAnda, Pamela Tyler, Robert Blackstock, Tom Duryea, Walt Turner. For possible action - Approval of / Modifications to the Agenda: Approval of the Agenda after Considering Requests to Rearrange, Hold or Remove Items. None. Correspondence and Announcements Cheryl Beeman stated they will have FEMA workshops on January 29" morning and afternoon One geared towards Insurance agents and the second for property owners. Commission/Committee/Director Reports: a. BOCC Liaison Report - BOCC Liaison — Debra Strickland None. b. Director’s Report

Mr. Waggoner

stated total planning applications was 118, which was 20 less than last month. Total applications processed was 97, 57 less than last month. Building permits SFR 11, 17 less than last month, 1 MF and 17 MH, 14 less than last month. Total permits issues 225, 70 less than last month, total inspections 415, 120 less than last month. Code Compliance had 25 new complaints, down 6 from last month and closed 17 which is 9 less than last month. Previous items heard by the RPC, Bill! 2019-15 proposing to amend Title 17, regarding to HEMP and restricting it to RE zoning districts. It was recommended approval by the RPC and scheduled to be heard as a public hearing at the December 17" BOCC. Ex Parte Communications and Conflict of Interest Disclosure Statements

Commissioner Turner

will be abstaining from Item 11 a and b. His company represents someone affected by the outcome. For Possible Action — CU-2019-000083 (This item is continued from the November 13, 2019 RPC meeting): Public Hearing, discussion and deliberation on an application for a Conditional Use Permit to allow a rental dwelling unit (teepee) and to allow various events including church groups/youth ministries, photography shoots, educational/teaching and other related type of activities, on 5.0 acres located at 221 West Mesquite Avenue, within the Rural Homestead (RH- 4.5) zoning district. Assessor Parcel Number 035-051-07. Susan Carole Jay Trust — Property Page 2 of 18 Owner. Susan Carole “Pepper” Jay — Applicant. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or otherwise announced.) (SO) Steve Osborne reviewed his staff report stating the use is permissive with a CUP. There is a code compliance case on the property and the approval of the CUP will clear the code compliance case. Staff is recommending approval of the application.

Commissioner Curtis

asked if the renting of the Teepee is permissive in this zone.

Mr. Osborne

stated yes, with a CUP.

Commissioner Curtis

asked if each event they hold there will require a separate permit for each event.

Mr. Osborne

stated no, the CUP will cover all the events.

Commissioner Strickland

stated as long as the event isn’t over 1,000 people. That requires a special permit.

Commissioner Curtis

asked if this was a commercial well servicing the property.

Mr. Osborne

stated this is a domestic well that would be for the residence.

Commissioner Turner

asked if because they are renting out to tourists will there be any required water rights purchased for additional pumpage.

Mr. Waggoner

stated that is governed by DWR. They have to abide by all state laws.

Mr. Turner

asked if they would have to meter the well.

Mr. Waggoner

stated yes. Pepper Jay, applicant.

Commissioner Turner

asked what the target travel expectancy is for the Teepee nightly.

Ms. Jay

stated they have one Teepee and they only rent to three people. They have had some people come and place a tent next to the Teepee. They only rent through hipcamp.com. She gets European and Canadian students. They normally rent 3 to 5 times a month.

Commissioner Turner

asked if she is familiar with water rights and if there are any requirements to adding to her well. Ms, Jay stated she has an outhouse that someone comes and empties.

Commissioner Turner

asked how many people currently live on the property.

Commissioner Lee

stated it looks like someone is living in the RV.

Ms. Jay

stated there is a cat and a dog. Page 3 of 18

Commissioner Lee

asked for clarification that they live in the RV, and no one else lives in the RV.

Ms. Jay

stated yes, they do and no one else lives in there.

Commissioner Lee

asked if she has read and understood the conditions of approval

Commissioner Curtis

asked how the dedication of a 40-foot ROW affect the property on the corner lot.

Mr. Osborne

stated the ROW dedication is only for the subject property.

Commissioner Curtis

asked if the property on the corner ever has to dedicate 40 feet can it be developed. Cody McKee stated for clarification the property stated where the existing fence line is, it isn’t affected and wouldn’t have to be moved. It would dedicate the property that is already outside the fence line.

Commissioner Turner

motioned to approve CU-2019-000083 including the conditions of approval. Seconded by Commissioner Tyler.

Mr. Waggoner

stated this is another Code Compliance open case and a remedy to that if approved.

Commissioner Duryea

stated he is concerned that they are stacking signs. If approved the other three signs have to be removed. There are two existing off premise signs directly across the street from this one so we are in violation of 7B. 8B — earth tone colors and these are white. He asked for clarification on page 5, there are 4 items. #3 states to be located more than one hundred feet (100’) from Highway 372 or Highway 160 and applicable code sections #2 states must be within one hundred feet (100'). Which one is right?

Ms. Beeman

stated obviously the code section is correct.

Commissioner Lee

stated the way she understands is that the waiver is needed because it is more than 100’ form Hwy 372

Commissioner Tyler

stated those 4 are what the waiver covers.

Mr. Waggoner

stated under special condition #5 is does require the removal of the signs stacked on the sign if this is approved.

Commissioner Duryea

stated there are 4 additional Desert Green signs that are unapproved in a row.

Mr. Waggoner

stated no, the difference between this sign and the others, the structures themselves have existed prior to the zoning code existed and they are considered grandfathered. This particular sign was supposed to be removed when the subdivision was done.

Commissioner Curtis

asked why A, B, C & D showing Hwy 372 and Red Butte?

Ms. Beeman

stated the hand drawn site plan is incorrect. The exhibits A, B, C & D are correct. Michael Selbach, representing the applicant stated he has been working with Brett and they are trying to make sure everything is correct. If they do get approved he would like clarification on the sign color. He has called Nevada Realty and asked them to remove the sign attached to the sign’s poles. They have 48 lots to sell and be out of the project in a year. They have spent a lot of money on the banners placed on the sign.

Commissioner Lee

stated standard condition #2 states failure to comply with these conditions shall result in revocation of the CUP and WV. If they don’t want that to happen they need to comply.

Mr. Selbach

stated it should be the owner of the sign to be responsible to have those removed.

Mr. Waggoner

stated without this CUP approval, the entire structure will have to come down.

Mr. Selbach

stated wouldn’t they call Nevada Realty and tell them to take the sign down.

Mr. Waggoner

stated they have, but it is the property owners and your approval is to be conditioned on the removal of the sign. He will address it with the property owner. Page 5 of 18

Commissioner Turner

asked for clarification that Bolling owns the structure of the sign.

Commissioner Turner

asked if he is leasing that spot to Nevada Realty.

Mr. Selbach

stated he believes just to them.

Mr. Waggoner

stated they have talked with Nevada Realty and the property is for sale. The sign is advertising the property for sale. Real Estate signs are allowed but it has to be on a separate structure.

Commissioner Lee

asked if he has read, understood and agree to the conditions of approval.

Commissioner Duryea

asked if he is selling the lots or leasing them.

Mr. Selbach

stated it is a 99 year lease, converted to real property.

Commissioner Duryea

stated condition of approval #6 is that the permit shall expire 30 days after completion of all lots. We will interpret that as completion mean all lots leased.

Commissioner Tyler

stated it does also say or two years after approval of the CUP whichever occurs first. The max they could come back before us is 2 years.

Commissioner Duryea

stated we could change it to | year, that is what he has volunteered.

Mr. Selbach

stated that is the goal to have it done in 1| year.

Commissioner Strickland

asked if they could request the other grandfathered Desert Green signs at the time of sell out also in addition to this approval.

Mr. Selbach

stated he would have to check with Pedley for approval for that. He would have to look at the lease.

Commissioner Lee

stated they can’t attach conditions for another property that isn’t agendized tonight.

Commissioner Turner

asked if white is an earth tone color.

Ms. Beeman

stated white can be construed as an earth tone color.

Mr. McKee

stated you can also include object markers, reflectivity adhesive stickers those will also help. Page 6 of 18 10.

Commissioner Turner

motioned to approve CU-2019-000085 adding the additional conditions items recommend by staff on page 6, items D & E and that white is included as an earth tone. Seconded by Commissioner Tyler.

Commissioner Lee

asked for clarification that the motion included the Waiver application.

Commissioner Turner

stated yes the Waiver and the CUP.

Mr. Osborne

reviewed his staff report and stated the commercial kennel started operating in 2009. In 2010 the applicant applied for a CUP, with a maximum of 30 dogs. In 2015 the applicant applied for a reconsideration of the CUP to allow up to 150 dogs. The application was denied by the RPC and the applicant filed an appeal and the BOCC upheld the RPC decision and granted an additional 6 months for the applicant to comply with the limitation. In 2016 the applicant filed for a second reconsideration to allow for up to 130 dogs and it was denied by the RPC. In 2016 the RPC held a public hearing and revoked the CUP. The applicant filed an appeal and in 2017 the BOCC voted to affirm the RPC decision. After that the case was referred to the DA’s office. Today the applicant is filing for a new CUP for a Commercial Kennel. The applicant states he currently has 200 dogs on the property. In staffs view nothing has changed in the vicinity that would justify the approval. It is a residential area and the proposed use isn’t harmonious with the existing character of the vicinity. It is potentially hazardous to neighboring uses and staff’s recommendation is for denial. If the RPC decides to approve, condition #4 states a 1-year limitation of the CUP unless an extension of time is granted and Condition #5, the maximum number of dogs is 30.

Commissioner Duryea

stated special condition #6, states they must have a commercial kennel permit. Does the applicant currently have a commercial kennel permit?

Mr. Waggoner

stated they can’t issue one without the CUP, when the CUP went away so did the permit. Vasili Platunov, applicant and Thomas Gibson, Esq., legal representation for the applicant.

Mr. Gibson

stated this isn’t a puppy mill, he raises these to be used in law enforcement and military applications. Presently they are in contract negotiations with Homeland Security. There is no contract yet, but it is close. The dogs are very well tempered and are being bred for the prison system and law enforcement. The Sheriff is here to attest to the fact they are offering and she is considering taking 5 or 6 of their dogs as a donation for canine units. In exhibits C & D, on paper that is a neighborhood, there is no one around them. The dogs aren’t a nuisance, they were cited for the number of dogs by the Sheriff’s Office after the CUP was removed. The only people Page 7 of 18 that would complain have no rational basis to do so except for the sake of complaining. They filed a petition with the federal court to intervene, it is their position that they are grandfathered in. The DA’s office has stated he applied for a CUP so he waives his right to grandfather clause in the future. Rather than fighting in court Mr. Platunov decided to apply for the CUP.

Commissioner Lee

stated they were given an updated site plan. Is this the current configuration or what they intend to do?

Mr. Gibson

stated that is the existing development. Exhibit D if you look straight down you can see the pens and how they are set up.

Commissioner Lee

stated that is different than the site plan.

Mr. Gibson

stated he understands and can’t speak for the accuracy of it, it represents either the far right or the upper left part of the property.

Commissioner Lee

asked if this is just a portion of the property or the entire property?

Mr. Platunov

stated it is the full property, but he hasn’t built anything in 5 years.

Commissioner Lee

stated she drove down to the intersection of Gardenia and Camellia and sat there with her truck running and she could hear the dogs barking. The challenge is there are no noise barriers, and the noise travels.

Commissioner Curtis

asked if the lawsuit is on hold as they exhaust the administrative remedies.

Mr. Gibson

stated it was dismissed without prejudice they can refile. But there is no lawsuit pending at this point.

Commissioner Curtis

asked who the defendant was in the lawsuit.

Mr. Gibson

stated the County, they were asking for an order from the District Court that they were grandfathered and didn’t need a CUP.

Commissioner Turner

stated they aren’t disputing the caliber of the dogs, their care of the legitimacy of the business, but the quantity of animals so high above current regulations. The property has grown above his business needs. When you go from 30 to an upwards of 200 so must the location.

Mr. Gibson

stated if he gets the contract with homeland security it will take 90 to 100 dogs immediately. Commissioners Turner asked when the initial report of the 200 dogs was. How long ago when the original CUP was removed.

Mr. Osborne

stated the CUP was revoked in 2016 when he requested 130 dogs.

Commissioner Turner

asked if those 100 dogs leave, is he going to move to another place to suit him or is he going to replace the 120 dogs.

Mr. Gibson

stated it is supply and demand. It would be refilled but not at that number.

Commissioner Turner

stated even with 50 dogs he outgrew this zoning. Page 8 of 18

Commissioner Tyler

stated it is the quantity of dogs on this property. It isn’t what you plan on doing with them or how they have been trained. That is the whole discussion nothing else is pertinent to this discussion. Nothing else is under their consideration or something they can take action on.

Mr. Gibson

stated they have the authority to say if the contract still comes through and they don’t reduce the numbers within a reasonable time. Within 6 months they would be running at capacity.

Commissioner Turner

stated the zoning that would be appropriate would be RH-4.5 and above.

Mr. Osborne

stated all the RE and RH zones allow a Commercial Kennel.

Commissioner Lee

stated Mr. Gibson made a comment about being back up to capacity.

Mr. Gibson

stated the number of dogs would be reduced to an amount the county says is fair.

Commissioner Lee

stated the optimal amount would be the original approval of 30. There has been a willful disregard of the code. You were approved for 30, and went out to 150, then asked for 130 now you are up to 200. All she has seen a continual increase. What is the limit, what is the capacity? If we are going to approve this, we will approve it at 30.

Mr. Gibson

stated he is close to 200 right now, and they won’t be there long.

Commissioner Lee

stated you can’t say that with certainty.

Mr. Gibson

stated that is why if they put a time limit on it and they don’t have them out of there by then.

Commissioner Lee

stated then it will go to 250.

Mr. Gibson

stated they can control the breeding.

Commissioner Lee

stated he can say that, but she has factual evidence in front of her. You were approved for 30, they increased from there, Code Compliance got involved at 150 and you wanted approval for 130. Now you are back in front of us for 200. If this was to be approved there is no level of comfort that you would go back to 30 and stay there.

Mr. Platunov

stated if they gave him temporary permit for 200 dogs.

Commissioner Lee

asked temporary for how long.

Mr. Platunov

stated for 2 to 3 years maximum.

Commissioner Lee

stated that isn’t what temporary is.

Mr. Platunov

stated give him his permit for 30 dogs and for the other amount approximately for 2 years and then the dogs will go to work. His dogs will move from this property, if he receives his contract he will move from the property. Within the next two years the Department of Corrections, if they receive financials, they plan on taking all his dogs for 7 facilities all around Nevada. He asks for maximum of 3 years.

Commissioner Curtis

asked if he is training all these animals.

Mr. Platunov

stated yes, he trains them. Page 9 of 18

Commissioner Curtis

asked if he has any other employees.

Commissioner Curtis

asked what he does with the animal feces.

Mr. Platunov

stated the waste company takes everything.

Commissioner Turner

asked if there are any letters of intent from any of the companies that have a timeline.

Mr. Gibson

stated they won’t commit ahead of time because they can sue for breach of contract. Public comment opened at 7:12 pm. Sharon Wherly, Nye County Sheriff stated she has never seen his dogs, the issue is in 2018 they cited them through Animal Control and they have a case against them that was sent to the DA’s office and has been there since 2018. Mr. Platunov’s lawyer, not Mr. Gibson, did come to the office and offered 5 of their runts for patrol dogs. It would be very nice however it isn’t ethical, and they do have an open case against them. As far as she knows it is still open and they wouldn’t consider doing it.

Commissioner Turner

asked for clarification on the citation. That was for over 30 dogs. Lt. Harry Williams, Nye County Sherriff’s Office, stated according to the report issued by Officer Ryhal charges went to the DA’s office for Dog and Cat limit of 120 or more and Dog and Cat limits of 130 or more and a Commercial Kennel permit, not having one. Paula Glidden stated she is glad Steve went over the time line. He has went before both boards twice and have been denied each time. The contracts they state they have she doesn’t believe them. He said three years ago he was going to have contracts. 200 large dogs are incredible. You can feel the dogs barking in your homes. In summary he hasn’t done anything the CUP have required, he has upped the dogs at will. Mr. Platunov stated in his justification letter he states the noise is not oppressive or intolerable, there is no negative impacts to the environment and that the kennel is the same as in 2010. That is all untruths, the smell! and fumes are horrible, the kennel is different than what it was 3 or 4 years ago. He never pulled permits to reinforce the fence, it is coming apart. Kyle Wetzel owns the corner lot and the smell is remarkable. It washes through the neighborhood all the barking makes you feel your living in a third world country. He is trying to finish his single-family home and he has been calling regarding noise complaints. AC stated the dogs are very valuable and to stop calling. The smell is unreal, and you can see the black clouds of smoke as he is burning probably feces. The mail man has reported dead dogs in the dumpster and a dog with a hole in its leg limping around the property. Doug Ruefer he lives about 800 feet from him. The dogs are so loud and it keeps him up at night. In the three years plus it was stated they needed 6 — 9 months to relocate that hasn’t happened. They drove by today and on the west side of the property it is bowed out on the bottom where the dogs can get out. The dogs weigh 150 Ibs, and if they get out and go into a pack mentality, they can take someone down. People around them don’t feel comfortable. He is a businessman, you are going to replenish your stock so he can sell again. He will never go back down to 30, it doesn’t make financial business sense. One person training 200 dogs is not very safe. Elli Michaels stated she reiterates everything everyone has said and stated there are puppies there and has had to use extra fly spray for her horses and he is burning the excrement with no approval Page 10 of 18 11. from the Fire Department. This is one man training these dogs, they are yelping and crying she isn’t making accusations that he is disciplining them and if AC says to stop calling who is going to check this out. The dogs are sitting in boxes all summer in 100 degrees. There are no sound barriers and she has recordings how loud and crying they are, all night and day. Kim Ruefer stated she has audio and video of the dogs barking all day and night. They have called 911 and they have come out and they know they have a lot of dogs. Virginia Main stated she wrote a letter of opposition and she lives on property over on Begonia. They were going to build a house there and after the dogs moved in, they decided not to as long as the dogs are there. She is trying to sell the property and it is a turn off, there would be more houses if it weren’t for the dogs. George Glidden stated he understands he has a business, but it isn’t a business area. He stared out with 30 and now he wants 200. In this area the ground is like a sponge, any waste sitting on the ground, if he washes the waste from the kennels on the ground the material is going somewhere. He can’t speak for his neighbors he drinks bottled water, because he isn’t sure what is in the ground water. If he is emptying his waste on the ground for 10 years he doesn’t know what is coming out of the faucet. You can’t run a swamp cool in the summer because it pulls his aroma into the house. You either do without air conditioning or you breathe whatever is in the air. They have called and had a deputy out 2 or 3 weeks ago. This has gone on for too long. David Maynard stated all the statements from the residents are true. This has been going on for too long, nothing has changed. He wants to try and sell some of the lots around there, it is a residential area not an area for 200 dogs. Dennis Pavlovets stated he and his brother moved in over a year ago. The dogs are very loud and the stench is terrible. They had an RV on their property a few times and you can’t sleep. Doing this in a residential area isn’t the right thing to do.

Mr. Gibson

stated Mr. Platunov was cited, they went to Justice Court and it is done.

Commissioner Duryea

motioned to deny CU-2019-000088 based on staff findings. Seconded by

Commissioner Curtis

asked for clarification on the lighting.

Mr. Murphy

stated he takes objection to the lighting condition. There is a misconception that up lighting pollutes the sky, but downlighting more intrusive than up lighting. Downlighting will make a big apparatus that hangs out over the sign and it won’t be contained to just the board it will shine on the ground. To maintain it, it will be difficult to maintain because they will have to work around it. A way around down lighting issue is less lumens. He stated they are zoned properly and abut another commercial property. If he has to he can move the board to get the 25 feet on all sides, but he thought adjoining another GC property he thought it wouldn’t be a problem.

Commissioner Curtis

asked about access when they have to maintain the sign.

Mr. Murphy

stated he has no legal access to his property, he isn’t confident NDOT would allow them access. There are two access on the lot next door. They may be required to use the neighbor’s access and that they may have to put an access road. If it is necessary to put in an access he will do it, but it is a big expense.

Mr. Waggoner

stated on the size limitation for square footage it doesn’t fit the maximum height and length requirements we have. NDOT’s maximum is 672 sq. ft. it would match that. The lot is a weird shape and not much can be done with it.

Commissioner Strickland

stated Hwy 372 isn’t like Hwy 160 for the beautification by NDOT.

Mr. Waggoner

stated that is correct, it isn’t part of the Map 21.

Mr. Murphy

stated they do meet the 750 foot buffer between structures on each side.

Commissioner Curtis

asked how much square footage they will be abandoning by taking down 2 signs. Page 12 of 18

Mr. Murphy

stated the signs on there now are 442 sq. ft. of signage they want gone and he is good with it.

Commissioner Lee

asked if they would consider anything else besides the standard pole and single billboard like a monument sign that would add to the visual appeal.

Mr. Murphy

stated he is concerned if he does a sign too close to the ground and the property is developed on the other side, it won’t be seen. He doesn’t think he will be up 35 feet. He hasn’t gotten engineering yet, and he doesn’t want to go up any higher than he has to, because he has to maintain them.

Commissioner Turner

stated the sign you want matches the others along the highway.

Mr. Waggoner

asked if they would consider some sort of desert landscaping.

Mr. Murphy

stated desert landscaping he can do.

Ms. Beeman

stated NCC does require down lighting and unfortunately it isn’t a part of this application so downlighting is required unless he applies for a waiver.

Commissioner Lee

stated for clarification that it can’t be added to the waiver tonight because it wasn’t noticed.

Mr. Waggoner

stated should the board decided to approve this with the condition left as it is for downlighting only. If he wanted to come back and apply for a waiver for the lighting he can.

Commissioner Turner

asked for clarification that the reason for the waiver is because the ordinance is incorrect?

Mr. Waggoner

stated the ordinance says 300 sq. ft. maximum surface sign area.

Commissioner Turner

stated 48 feet is the maximum width.

Commissioner Turner

asked for clarification that the current ordinance does not allow 672 sq. ft. billboard doesn’t allow for those to be approved without a waiver. Page 13 of 18 12.

Commissioner Duryea

motioned to deny CU-2019-000089 and WV-2019-000104 based on findings shown in staff report. Seconded by commissioner Blackstock.

Commissioner Tyler

motioned to approve CU-2019-000089 and WV-2019-000104 adding a condition of approval for landscaping on the lot as agreed to by Mr. Murphy.

Commissioner Lee

stated because she is going against staffs findings, she needs to state her findings for the approval.

Commissioner Tyler

stated her findings are the odd shape of lot and hardship would be that it will be hard to place anything else on the lot. With the condition of the landscaping it will make a difference for this property and clean up that part of 372. Seconded by Commissioner Curtis

Commissioner Strickland

asked for clarification why Commissioner Turners reason for abstaining.

Commissioner Turner

stated the property owner of the surrounding properties that spoke against it are represented by Access Realty.

Commissioner Strickland

asked if he was a property manager with Access Realty and in fact a realtor with Access Realty and not a property manager.

Commissioner Turner

stated he is a Managing Broker.

Mr. Murphy

asked those opposed if there was another condition they would like.

Commissioner Duryea

stated residential is residential whether it is Multi Family or not. There were letters of opposition that stated it would block their view and encroaches on their lifestyle.

Commissioner Turner

was talking off mic. Marla Zlotek stated the conversation is off the record and topic and should be stopped.

Commissioner Lee

stated to Mr. Murphy he can appeal to the BOCC. a. For Possible Action — TA-2019-000016: A Bill 2019-16 proposing to amend Nye County Code Title 15, Building and Construction, Chapter 15.28 entitled Dust Control Regulations within the Pahrump Regional Planning District, relating to Section 15.28.090 Construction Activities. Page 14 of 18 Amanda Marshall stated she has three updates to the 2009 dust contro] documents to allow for trenching, demolition and increased fees and the procedures that will accompany those.

Commissioner Lee

asked for clarification that staff would like them to make a recommendation to the BOCC on this item.

Commissioner Curtis

asked if there are any controls in place for ATV’s causing dust.

Mrs. Marshall

stated that is part of the nuisance clause built into chapter 17.

Commissioner Turner

asked if there is anything specific that prompted these additions.

Mrs. Marshall

stated increase construction in our area and increased complaints.

Commissioner Turner

asked if these additions remedy a majority of the complaints.

Mrs. Marshall

stated yes, especially when there is a half-acre lot being developed and dust control permit is required and there are heavy construction activities happening on the lots, for example trenching that we now have built in.

Commissioner Turner

stated those half acre lots didn’t previously require dust control.

Mrs. Marshall

stated yes, and there have been demolition projects and made us realize we didn’t have anything in text for those activities.

Commissioner Strickland

asked if this will require a dust control permit anytime a septic leach field is installed.

Mrs. Marshall

stated yes, if the trenching does meet the requirement of the linear square footage.

Mr. Waggoner

stated it would also cover trenching for power, trenching for water lines from the wells off of the back corner of an acre lot. In reality when you are developing an acre lot people are doing more work than what their dust contro! says. This would help alleviate that and make sure the best practices are followed.

Commissioner Turner

asked what the average turnaround time for when a dust control plan is submitted and being able to complete the work.

Mrs. Marshall

stated with all our applications it is 3 — 5 business days.

Commissioner Strickland

asked if there will be provisions for failed systems. If they put in with the Building Department, they take immediate action to get the permit approved.

Mr. Waggoner

asked if she means an expedited treatment.

Mr. Waggoner

stated it would be treated on a case by case basis. If there were reasons, we would move things along faster. Page 15 of 18 13.

Commissioner Tyler

asked for clarification that they currently have no fees for demolition and that is the reason the fees are showing blue.

Commissioner Lee

stated we haven’t reviewed the fee’s yet.

Commissioner Turner

asked if there was an expedited service would it need to be added into this ordinance.

Mr. Waggoner

stated they can handle that in the office as procedure and policy.

Commissioner Lee

asked staff if they wanted one motion or a motion on all three items.

Mr. Waggoner

stated one motion for all. b. For Possible Action — Dust Management Handbook: Proposed updates to the Nye County Dust Management Handbook for the PRPD.

Mrs. Marshall

stated the handbook hasn’t been updated since 2009 and very little has been added. One major addition was for the demolition B & P and changing working to reflect trenching and increased fees for the trenching and demolition.

Commissioner Turner

asked for clarification that this was revised based on the complaints received.

Mrs. Marshall

stated because of the change in ordinance the handbook needs to accurately reflect that. c. For Possible Action — Fee Schedule: Proposed changes to the Dust Control Plan Fee Schedule. (These items are recommendations by the Pahrump Regional Planning Commission. Final Action is by the Board of County Commissioners, or otherwise announced) (AM)

Commissioner Tyler

stated for the dust control plan you already have fee and proposed fees that show increases, but for demolition or trenching you only show proposed fees, so we currently don’t charge for those, correct.

Mrs. Marshall

stated that is correct, they weren’t incorporated in the dust control handbook.

Commissioner Turner

asked for clarification.

Mrs. Marshall

stated they weren’t taken out specifically for trenching, but for the dust control plan as a whole.

Commissioner Duryea

motioned to recommend approval to the BOCC of TA-2019-000016, the Dust Management Handbook and the updated fee schedule. Seconded by Commissioner Tyler.

Mr. Waggoner

stated at the last meeting there was discussion on how to address the farmers that take crops to a farmer’s market to sell them. The board asked them to work on new definitions and there are many different definitions for different jurisdictions. This is what staff came up with that would fit the need. It allows quite a bit of latitude.

Commissioner Duryea

stated he thinks this is an excelled solution from his question last meeting.

Commissioner Tyler

asked if this ordinance applies to all of Nye County or just Pahrump.

Mr. Waggoner

stated it is only a change to title 17.04 definitions so it would only apply to the PRPD. The next step is coming back with a draft including these changes.

Commissioner Duryea

asked for clarification that all they are doing is adding definitions of Commercial Farming and Subsistence Farming, there are no other changes.

Commissioner Duryea

directed staff to bring back a text amendment to add the definitions to code.

Commissioner Tyler

asked Mr. Darby if he has a commercial stable, because it applies to a Commercial Stable. It doesn’t allow us to walk on anyone’s properties unless they meet that part of the definition.

Mr. Darby

stated he would like to have more clarification in that definition. He has a hobby farm and raises pigs but sells off his extra to off set the feed bill. Angela Rawlings stated she is concerned because it came about because of hemp and now all the other people raising animals and have a garden are getting pulled into something that they shouldn’t be dealing with. They need to separate Hemp from farming. She would also like to have the livestock left alone, if it’s an individual problem those people should move somewhere that don’t have animals and have CC & R’s. Arturo Ruggeroli read the 4" amendment. He stated if any authority is given to anyone, that any search is required by the constitution to have a warrant and he isn’t okay with someone trespassing on his property because they believe he that he is in violation of crossing some arbitrary amount of income or animals. Mathew Moore stated he is confused by apiary’s are regulated under this plan. Putting more regulations on beekeeping would be a problem. It states it is subject to a CUP, it should be taken off of that, we need beekeeping. Why put regulations on beekeeping.

Mr. Waggoner

stated we aren’t here talking about any other definitions than the two they are proposing. Ryan Stackhouse stated he doesn’t agree with putting a dollar amount for livestock. If he buys a horse for $5000 and trains, it for a year it can be a $25,000 horse the next year. Performance horses are very expensive and putting a $10,000 limit is minuscule for livestock. Page 17 of 18

Commissioner Turner

stated since there is no ordinance that permits billboards does that need to be reviewed or is it only by CUP.

Mr. Waggoner

stated we had a sign ordinance that the RPC had recommended approval to the BOCC and it was rejected. They are trying to put together a new draft and it will address it.

Commissioner Turner

asked for an update on CU-2019-000088 in 2 months if there has been any adherence to the denial of the CUP.

Commissioner Lee

reopened item #13 for public comment.