June 12, 2024

Commissioner Lee

submitted some minor corrections to staff that were formatting and grammatical corrections and had no bearing on the content of the minutes.

Commissioner Lee

stated they will open and take items # 8, 9, 10, 11, 12 and 13 inclusively. Page 2 of 21 Public comment opened at 6:26 pm.

Commissioner Carbone

stated the tax for diesel didn’t pass. So that is less money for roads, so when they complain about potholes think about that. On the 16th of next month, there will be a presentation. b. Director’s Report

Mr. Osborne

stated for May total Planning applications received was 224 which was 13 less than last month. Total applications processed was 109 which was 7 more than last month. Building Permits for the month of May single family residential was 30 which was 11 less than the previous month. Multi Family was 0 which was the same as last month. Commercial permits was 8, which was 7 less than last month and total permits all categories was 197 which was 3 more than last month. Total inspections all categories he has a correction. Last month we reported for April was 447 inspections and it was actually 546. For May total inspections all categories was 469 which is 57 less than last month. New Code Compliance complaints received was 45 which was 19 less than last month and closed 25 which was 8 less than last month. Previous items heard by the RPC was ZCMP-24-3 was heard by the RPC on April 10th and was recommended for approval to the BOCC. The applicant withdrew their application prior to the BOCC item. They decided not to go forward. ZCMP-24-4 was heard by the RPC and was recommended for approval to the BOCC and was heard by the BOCC on May 21st and was approved. ZCMP-24-5 was heard by the RPC and recommended for approval, it was heard by the BOCC on May 21st and was also approved. ZCMP-24-7 was heard by the RPC and recommended for denial by the RPC. It is scheduled for the June 18th BOCC agenda. The CUP going along with it was denied by the RPC and the applicant has filed an appeal of the RPC decision and will be heard by the BOCC on July 16th.

Commissioner Lee

stated in the back up there is an email exchange from Sue Huff the Environmental Health Specialist. It looks like she has additional requirements. Was the applicant made aware and/or were they added to the conditions of approval.

Mrs. Medici

stated the conditions can be added if they aren’t added but they would have to adhere to all State, Federal and County codes.

Commissioner Lee

asked Public Works if they will take a look at Quail Run Road and adjoining roads during site development to see if there are any road improvements that will be needed. Tyle Mulvey, Public Works, stated correct. Depending on traffic it could be a half width improvements or covenant running with the land, depending on what is proposed.

Commissioner Hayden

stated it is stated in the back up that there are two code violations resulting from an event held on the property. Was the excessive noise and dust are one complaint or separate and when was it? Brett Waggoner stated it was reported 4 months ago or so. There haven’t been any events held since. Sallie Kerr, applicant stated she has some questions on the special conditions. Special Condition #6 includes Great Basin Water Company.

Mrs. Medici

stated it does say if applicable. It is a standard.

Mrs. Kerr

stated it states the development application is to be completed by December 2024. She stated she is looking to have this completed in 18 months. She doesn’t want to come back and ask for an extension if she is knowing she is looking at 18 months to complete.

Mr. Waggoner

stated is to submit the Site Development application by December.

Mrs. Kerr

asked after that will they talk about the development in the development phase.

Mr. Waggoner

stated once you submit and it is approved, then you have a year to develop.

Mrs. Kerr

stated Special Condition #15 states no unregistered vehicles or trailers have to be removed or located behind a fence. But they are already located out of site from the front road.

Mr. Waggoner

stated if that was the case and they are behind a 6 ft fence.

Mrs. Kerr

stated they aren’t located behind a fence, just can’t be seen from the road.

Mr. Waggoner

stated that is part of the code compliance case and it can be followed up on. We are trying to clear any code violations as well. Normally they don’t process applications that have code violations but we made an exception because but also want to resolve any outstanding violations through this process.

Mrs. Kerr

stated she doesn’t think there has been any cited violations for unregistered vehicles on the property.

Mr. Waggoner

stated they have a code compliance complaint. Brian Kunzi, DA stated there was a reference to several items that would be required if this was to become commercial and he doesn’t see anything address in the conditions. Will that be address in the SDP?

Commissioner Lee

asked the applicant if she has see the email and see what the Department of Public Health is asking for. Page 4 of 21

Mrs. Kerr

stated yes she has seen it. And she will certainly work through site development on those recommendations.

Commissioner Lee

asked if she has read, understands and agree with the conditions of approval.

Commissioner Carbone

asked the applicant if there is anything else in the special conditions to accomplish what she is doing?

Mrs. Kerr

stated she doesn’t believe so, the family farm section of code covers some of the things, like not having to pave, and she is sure site development will come into consideration when planning.

Commissioner Lee

stated as far as parking, road improvement and number of spaces it is all handled administratively during the site development plan. The applicant will have to submit a plan and adhere to the requirements set in NCC.

Mrs. Medici

stated the question about DWR it is covered under #6 in conditions of approval and addressed during Site Development.

Commissioner Lee

stated the other question is regarding the violation and why is it here with us. There is a violation issued and this is the proper procedure to address it and go through this process to clear up that violation.

Mr. Waggoner

stated all the rumors that Code Compliance doesn’t work with people, this is an example of when we make someone aware of the violation and they are cooperative with us, we will help work them through the process of rectifying them.

Mrs. Kerr

stated the vineyards are the landscaping so there won’t be additional landscaping necessarily necessary. Employees may not be any more than 3 – 4 running a 10 hr day. These are designed to be family run. They are also not designed to have massive amounts of traffic either. Page 5 of 21

Commissioner Tyler

stated she would like to address a comment that she believes was addressed to her. Although she does own Artesian Cellars she doesn’t believe this to be a conflict because they were involved in the writing of the part of the code that allows this. She can’t see it as a conflict.

Mrs. Kerr

stated Pam and Tim have been nothing but supportive of her business in the industry as well.

Commissioner Carbone

asked if this will be an agricultural well.

Mr. Waggoner

stated all water rights are the same these days but it will be based off of commercial use. It will be calculated what ever is required the domestic part of the well wont’ matter to this business it will to her living quarters but whatever will be used by the commercial use of the property she will be required to obtain additional water rights if she doesn’t already have them.

Mrs. Kerr

stated she has already purchased water rights and they will talk about where those will need to be designated.

Commissioner Hayden

asked if any of them are in process. Why did they miss the deadline.

Mr. Waggoner

stated these are new and something they haven’t done before. It has been a challenge to get through the SD preparation for it because our SD is geared more to commercial and these are MF. They are trying to get one ready to move forward, because the others are easy after that. They unfortunately ran out of time and just went past their deadline to file an extension. They need these CUPs back in place.

Commissioner Hayden

asked if they have been working cooperatively and no extensions will be necessary.

Mr. Waggoner

stated no, they are ready to move forward.

Commissioner Lee

stated to Commissioner Hayden to not confuse these with an extension of time.

Commissioner Hayden

stated she would like some reassurance that they won’t need to come back again because they have missed their deadlines. Charlie Concoby, applicant stated they are ready to move forward and at the last minute they realized they were past their time to file for an extension. This took longer that anticipated with the surveys and getting these going.

Commissioner Lee

asked Mr. Concoby if the timeline in the conditions was acceptable to him.

Commissioner Lee

asked the applicant if they have read, understand and agree to all the conditions of approval in the staff report.

Mr. Waggoner

stated it is unfortunate that the public doesn’t read the staff report. These are stick built structures on multi family lots. There is no difference between this with 4 units that are attached together or three units being built on the same lot that allows it. This isn’t a subdivision, this isn’t one project they are individual lots that are spread out throughout Multi Family Zoning that allows this type of development. There was a code that was recommended for approval to the BOCC with this in mind. The idea behind the housing was to give them a little bit more privacy so they aren’t sharing walls between units. They are allowed less units per lot than they would if they were attached, because we have separation requirements and density requirements there is only 1 unit allowed per 3500 sq ft of lot space in Multi Family. They conform to everything that is in our code. To say it is affordable housing or Section 8 because it is an apartment is disgusting. That shouldn’t be a determining factor, they don’t dictate the rent. Rent in this town isn’t affordable. The facts are in the staff report and he has heard several insults to staff and the board. They welcome questions and wish people would research stuff instead of spew conspiracy theories.

Commissioner Hayden

stated each one was on an agenda last year, there were quite a few people here because they were looking for housing. She did extensive research last year to see how much housing was in Pahrump and if it was needed. Not a lot of people make a lot of money, a lot only make minimum wage. Based on the information they were provided last year, none were Section 8 or affordable housing. There is no standard definition of affordable housing in the state of Nevada. They would like to help some of the other people in the community that maybe don’t make as much money as the rest of us do and have limited resources.

Commissioner Turner

asked if there is anything in the development stage that they have to declare they are doing Section 8.

Mr. Waggoner

stated absolutely not.

Commissioner Turner

stated as far as he knows it is the owner’s choice to accept it or not. He stated normally these lots can do a 4 plex based on their size if they were connected, and they are doing 3 units and adding space to it, rather combining them?

Mr. Waggoner

stated yes, the number of units is based on the size of the lots.

Commissioner Tyler

asked if these parcels are within MF that is similar in design.

Mr. Waggoner

stated he doesn’t know about similar in design, there are duplex and 4 plex’s and within MF development and connected to utilities. The tariff for the utility dictates what each unit has allocated to it, the lots already have the allocation to them through the utility.

Commissioner Tyler

asked if these are all single stories. Page 8 of 21

Mr. Waggoner

stated yes, and it gives them a little bit of a yard for pets or young children to be able to play and give a little bit of privacy between units.

Mr. Concoby

stated these are all multifamily lots and if they were attached they could put 4, but they are trying to give people an option that they can afford and have privacy. These are the same as the single-family homes that are being built, just smaller on MF lots.

Commissioner Carbone

stated it would be nice to know what they would be priced at monthly.

Mrs. Medici

stated Mr. Hardy has provided some additional back-up.

Mrs. Medici

reviewed her staff report stating the Zoning Administrator determined this use needed a CUP and SD. The warehouse portion will be 11,000 sq ft with a 1,000 sq ft break room. This will require a Cat I Site Development Plan. This is the 1st phase of the 3-phase operation. Staff finds sufficient justification to recommend approval of the application. Brian Hardy reviewed the presentation, he stated they're the nation's largest sports construction contractor. They specialize in building turf, track and court systems. They have clients that range from kindergarten, elementary schools, local parks all the way to professional teams. There are four components that are necessary for their turf system. They produce three of those four components right now, one in Texas, one in Alabama and one in Georgia. The component that we would like to produce that we have all four components made here in the United States. So, they will become a completely made in the USA product. They service a number of professional, collegiate and other sports teams across the country, including the Raiders, UNLV and they did the track at UNR. They have Allegiant Stadium here in Las Vegas as well as the practice stadium and some of the other NFL teams as well. The portion of the company that would be here in Nye County is going to do the manufacturing of the 4th component that's necessary. They are an ecofriendly product. They would not only provide superior product, but they’d provided a sustainable development company. What they are going to be using are the olive pits that have been rolled and have been crushed to make a new infill that is both easier on your body when you're playing on the grass and it’s 20° cooler than your average sand or other infill. These are something that the tree will put off every year and are something that would normally be thrown away. The reason that they decided to come to Nye County is the fact that it's proximate to one of the largest sources of olives in California without actually having to be in California. When the pits come they don't use water to clean them. It's all done through a heat system. It's not any heavy use of any water here that would be unnecessarily burdensome to the existing water supply. But the object of this is to help reduce water use. The are really looking at becoming a community partner. Page 9 of 21

Commissioner Turner

asked are there other uses that the company utilizes the product for other than turf.

Mr. Hardy

stated this is for turf, this is what the product is designed for.

Commissioner Hayden

asked if during the tumbling process there are any airborne particles or fumes generated.

Mr. Hardy

stated it would be a slight water vapor that is used to cool down the machines, it is a heat process that uses to extract. There is some vapor, but no particles, those burn off in the contained burning process.

Commissioner Hayden

asked if there is any wastewater.

Mr. Hardy

stated the wastewater is minimal, they clean the machines so there will be some.

Commissioner Hayden

stated since it isn’t made of rubber it isn’t giving off any toxic fumes or gases or heavy metals that the athletes would come in contact with.

Commissioner Turner

asked how the turf works with water drainage.

Mr. Hardy

stated it will hold water to the extent that is necessary because it is a wood-based product, it will help keep it cooler longer.

Commissioner Turner

asked if it is being replaced, is the product brought back and reused.

Mr. Hardy

stated yes, some of the product can be reused.

Commissioner Lee

stated the justification letter states they will be served by Pahrump Utilities and Great Basin Water District. Can you clarify who you will be talking with.

Mr. Hardy

stated they have been talking with Great Basin.

Commissioner Lee

asked what they are considering for phases 2, 3 and 4.

Mr. Hardy

stated they would be for additional needs. It would expand for storage and to do additional olive pits and expand the operation to handle more projects. They have a number of projects they are working on in Nevada and across the country. As the need arises they would need this infill.

Commissioner Lee

stated they say they can operate for 3 months and have the supply they would need for the next year. What does that look like, do you operate for 3 months and storage for 9?

Mr. Hardy

stated the olive pit will be produced to them during the season, they would bring them in and process and then after you would have storage and maintenance and send out as needed for projects across the country.

Commissioner Lee

asked how flammable the product is.

Mr. Hardy

stated they have all the requirement for code in order to make sure they have all the fire sprinklers that are necessary. It is a wood-based product.

Commissioner Lee

asked what an operation would look like.

Mr. Hardy

stated as the pits come into the warehouse, they could be stored and moved by forklift over so they could be rolled and processed. They're stored for as long as they need to until the next upcoming project. That's the effective process the entire time. You're going to need at least a couple of people on staff to be able to do orders as they come in, and projects throughout the year and so there will be people there normal business hours. Page 10 of 21

Commissioner Lee

asked Mr. Hardy if he has read, understand and agree to the conditions of approval in the staff report.

Mr. Kunzi

stated he has been working with Mr. Waggoner on and there are multiple phases on a project. He would hope these could become standard conditions in these types of projects. He has a special condition #8 he’d like added to clarify that this particular permit is only for phase I and that any additional permits or future phases would require additional conditions which may include impact fees deemed necessary by the Pahrump Regional Planning Commission or the Nye County Board of County Commissioners. One of the issues that seems to be coming up is truck traffic and we want to be proactive in making sure we are addressing these issues and we can impose impact fees based on the number of truck loads that are coming in.

Commissioner Lee

asked Mr. Hardy if he has seen this.

Mr. Hardy

stated they had just received it and his client shook his head yes, they agree.

Commissioner Carbone

asked if there was any test data that says what the vapor looks like in regard to what is coming out.

Mr. Hardy

stated he doesn’t have anything with him, but everything he has seen states it is steam coming off from the cooling of the heated system that is used to purify.

Mr. Waggoner

stated anything that is an emission whether water vapor or smoke would need to be permitted through NDEP. Before permits or final approval would be issued would be final approval or a permit from NDEP or something stating they don’t find a necessity for the permit based on the data provided by the facility.

Mr. Hardy

a CO2V vapor. Scott Burdette stated it is identified and turned into CO2V which is water vapor and they are working with a third party agency for the NDEP study now. The limit is 9 and they are less than 2.

Commissioner Lee

asked the applicant, why Pahrump.

Mr. Hardy

stated because it isn’t California. They get a great opportunity here that they can access many different areas of the country. There are hubs that come all the way through Vegas through the I15 to other parts of the country. They think Pahrump will be a good place for the company. They do not and have no intension at this point in time to bring anything else, the polymer plant is located in Texas that is where it will remain, the fiber plant is in Alabama and the textile plant in Georgia and this 4th component will be the infill. The reason they want to bring it here is it is the closest site to the source, ie the pits they can get out of the orchards in California. The trucking was indicated in their letter, approximately 100 trucks over a course of a year, that is less than 10 trucks a month and don’t anticipate it being an issue, this isn’t a water heavy industrial company, particles will be taken off in the burn process.

Commissioner Hayden

asked where everything is assembled.

Mr. Hardy

stated it is assembled on site at the location, if it is at Allegiant Stadium, it is assembled there.

Commissioner Hayden

stated other than the tumbling process and heat is there anything else used in formulating the particles.

Mr. Hardy

stated they are natural components of the olive pits.

Commissioner Koenig

stated they say only operate for 3 months to last a year, he is assuming the other 9 months trucks don’t run.

Mr. Hardy

stated no, you will still have to truck out to the locations. Some trucks bring in product, it is processed and they have to get it out to sites as well.

Commissioner Lee

asked what other waste products do they have.

Mr. Hardy

stated he is unaware of any other waste product other than what would be the potential small dust particles that are taken care of through the vapors.

Commissioner Tyler

asked if there is any other chemical treatments to the pits once they are processed.

Mr. Hardy

stated everything he has seen and researched it is a natural product.

Commissioner Hayden

asked for clarification if they expand they have to come back. Page 12 of 21

Commissioner Lee

stated yes, this CUP is only for what is being discussed tonight. Any additional phases go back to Planning and Director Waggoner will determine if it requires a CUP or not.

Mrs. Marshall

reviewed her staff report stating this is for an extension of time for CU-23-35 to extend the deadline to allow time to submit a Cat I site development for three multifamily detached housing units. Similar to the previous items that we just heard; this one just has not expired. Staff is recommending approval and giving them a new due date to submit site development by December 11th, 2024.

Commissioner Lee

asked if they feel they can make that deadline.

Commissioner Lee

asked if the applicant was okay with the conditions of approval or have opposition with anything.

Mr. Waggoner

stated they don’t. The conditions on this extension are identical to what they had before with the exception of the date.

Mrs. Marshall

reviewed her staff report stating the applicant is requesting a waiver of the surface requirement. They request permission to place compacted type two base in the roadways and access areas in lieu of double layer chip seal because the areas will soon be paved with asphalt at a future date. The compacted base will serve as a suitable driving surface while also providing adequate dust control. An approved waiver will eliminate the necessity for an interim drainage study until the master drainage study for the entire project can be done. Staff finds justification to recommend approval of the application. Page 13 of 21 Tyler Mulvey, Nye County Public Works, stated in the event this is approved they would like to add condition #4 to require the applicant to submit and obtain approval of a Master Drainage Study before proceeding with future phases of development.

Commissioner Lee

asked what the square footage of the area is that is being requested to waive.

Mr. Waggoner

stated basically it is the roadway down to the maintenance sheds for employees.

Commissioner Lee

asked if this is the south most shooting range.

Mr. Mulvey

stated there are maintenance sheds on each side of the property, if he remembers correctly.

Commissioner Turner

stated this is for a temporary waiver, has the paving of it later already been agreed upon?

Mr. Waggoner

stated that verbiage is from the applicant, they are asking at this point so they can get the maintenance sheds built. Mark Stearns, applicant stated phase 2 is a very small part of the overall project, it is split in to 5 phases and when putting in phase 2 for the maintenance sheds for the workers, if they put the pavement down now, and then move to the next phase it will get tore up. They aren’t trying to waive it totally they just want to put it off to another phase so they aren’t having the client pay for it then rip it up to put in the utilities.

Commissioner Hayden

asked if the overall project is on track timewise and when are the other phases expected to be completed Christan Storck-Peterson stated yes they are on track and complete funding of the project. The master plan has been completed and be presented to Brett at a future meeting. The owner wishes to get this done sooner or later.

Mrs. Medici

stated the applicant wants to implement a multi-year, multi-phase project that houses technology by I-Quest and its affiliates. In developing this mixed-use property, I-Quest plans to transfer all its manufacturing base currently situated in other states and consolidate those activities at the central location here in Pahrump. The CUP focuses on phase I which is the operation, electrical evaluation and eventual redistribution of end-of-life solar panels. This phase will also include the development of the manufacturing center, to build odor control systems, thermal destruction systems and related systems. Essentially develop a welding and manufacturing shop for electrification and environmental control product. The facility will initially operate 5 days per week and run up to 3 shifts per day. Phase I is receiving, sorting and shipping of solar panels to the Northern Nevada location. The recycling portion of the process will occur at the Silver Springs location located in Lyon County, Nevada. They are projecting 1 truck load per day, 20 to 22 tons five days per week, and will begin with one shift and then move to two shifts. Staff finds sufficient justification to recommend approval to the BOCC ZCMP-24-6 and ZCMP-24-9 and move to approve CU- 24-9

Mr. Kunzi

stated he submits the same wording for condition #10 that the additional requirements as they move through their phases.

Mr. Mulvey

stated if the applicant is proposing to dispose of any waste in our landfill they proposed adding condition #13 applicant shall provide an annual waste stream report to identify if the waste meets the requirements defined in the Nye County’s permit with NDEP, and add #14 waste profile report for each load they are trying to dispose of at the landfill, all materials that the applicant is proposing to dispose of at the landfill must pass the testing requirements, as set forth by Public Works or their designee. And then add #15 it has to do with right away. Applicant shall dedicate 40 foot of right away on the South side of the property known as E Basin Rd. Sean Villamagna, applicant stated he is the acting president of I-Quest. What they will be doing is bringing old solar panels, testing them, repackaging them and then send them to the proper recycling facility in Northern Nevada or reselling. There will be no waste, no water use, no emissions or particulates in the air. They are in phase 1, just bringing in the panels, testing them and then redeploying them if possible. If not possible none of the things will remain in Nye County.

Commissioner Lee

asked how they determine if the solar panels have toxic substances in them.

Mr. Villamagna

stated they are classified as universal waste. If they were to store them outside there would be items could leach into ground water, but they aren’t doing that. They are keeping them in a warehouse, testing with a voltmeter, and that is it. There is no exposure to the elements or outdoors. The truck comes in pulls into the warehouse and pulls out.

Commissioner Lee

asked what their accident protocol is in the event something happens. Fortunato Villamagna stated the panels are coming in have the possibility of being reused. They aren’t bringing in damaged or broken panels. When the panels undergo their electrical test and fail the test, then they will be shipped out for recycling in a different facility that is in Northern Nevada. In terms of spillage or anything nothing can happen because the panels come in whole. If they are broken at source, it doesn’t make sense for them to ship them to them and then reship them. They will go directly to the recycling facility.

Commissioner Lee

stated people do get clumsy or drop them, what is the accident protocol for that.

Mr. Villamagna

stated the solar panels are solid state systems so there are no liquid components that can leach into the soil. There will be implemented procedures to handle spills in regard to clean up and Page 15 of 21 decontamination if that happens. But solid state systems have no chemicals in them or chemicals used in the process. They are just doing an electrical test.

Mr. Villamagna

reviewed their presentation. They will repackage and reuse some of these panels after they test them with the equipment seen in those pictures. All of this will take place indoors. And again, there are no types or thermal processes they are doing and will not emit any emissions at all and will not require water. Some of the reuse can be implemented back to Pahrump for ranches, some homes can use the panels that aren’t operating at 100% efficiency. The ones that don’t work will be sent to Northern Nevada.

Commissioner Lee

stated they aren’t doing recycling there then, you are sorting and storing.

Mr. Villamagna

stated they are a step in the process but there is no physical recycling done there. The Northern Nevada partner doesn’t have the main power, space or time to do this. He is local to So. Nevada and this is where he wants to be.

Commissioner Hayden

stated she believes there could be a potential leaching of chemicals from the panels because the life span could be 30 years. At this point they will have them in a warehouse a protocol to be established doesn’t address how you will deal with an applicant or chemicals exposed to the employees.

Mr. Villamagna

stated when a solar panel degrades it isn’t a physical degradation. The panel short circuits internally, it doesn’t break down or something collapses.

Commissioner Hayden

stated the EPA does consider some of the solar panels to be hazardous waste.

Mr. Villamagna

stated universal waste is a subcategory of hazardous waste, these are defined as universal waste.

Commissioner Hayden

asked if they plan on expanding to include recycling.

Mr. Villamagna

stated no the recycling takes place at specialized facilities.

Commissioner Hayden

asked what the volume at this facility will be.

Mr. Villamagna

stated 1 truck load per day, and the trucks are about 20 to 22 tons. They are then redeployed or recycled at the Northern Nevada Facility.

Mr. Waggoner

stated the condition PW asked to be added, if this goes through, they would have to provide documentation. Today they can’t go to any landfill in Nevada. Our landfill isn’t permitted to take anything like that. This is designed to keep them out of the landfill.

Commissioner Turner

asked how many employees they will have.

Mr. Villamagna

stated 6 – 10 at first.

Commissioner Turner

asked what the ideas were for phases 2 and 3.

Mr. Villamagna

stated it is an expansion of what they are doing, if there is the possibility or opportunity to carry out other activities they will look at those through the appropriate permitting process.

Commissioner Turner

asked if those other activities were denied, would they pack up and leave or carry on with what they are doing.

Mr. Villamagna

stated this activity will be required no matter where you are.

Commissioner Lee

asked if they have read through the conditions of approval, condition # 9 requires them to connect to a public utility system. Page 16 of 21

Mr. Villamagna

stated yes they have, for the fire suppression system.

Commissioner Lee

stated they are outside the utility tariff area, have they already spoken with Great Basin Water regarding annexation.

Mr. Villamagna

stated yes, it is a slow process. He stated there is the possibility of an external tank depending on the volume they need.

Mr. Waggoner

stated that will not be the case, they will have to connect to utilities.

Commissioner Hayden

asked if there will be any noise, odor, fumes or anything that will come from this facility.

Commissioner Carbone

asked if there will be any drains on the inside of the floor of the building.

Mr. Villamagna

stated the process uses no water.

Commissioner Lee

asked will there be any environmental reports etc. that will be required.

Mr. Waggoner

stated not for this type of development.

Commissioner Lee

stated she talked with staff previously regarding the process incorporating the Water Board and asked what the progress is and the procedure.

Mr. Waggoner

stated this application along with the other one was shared with the Water Board and they received no comment.

Commissioner Hayden

stated based on her research this is an up and coming industry, there are only 4 states that have any regulation on how solar panels are recycled and they are California, Washington, New Jersey Page 18 of 21 and North Carolina. She would like an opinion from the DA’s office on what the Nevada statues are on solar panels before she votes.

Mr. Waggoner

stated there were a few questions that came from public comment and he wanted to clarify some things. He didn’t say the public is undereducated, he said it would be great if they read the staff reports, because questions like truck traffic, how many trips per day and how many employees etc. were addressed in the staff reports. A lot of questions would be answered by reading that. The comments on the master plan and why we are doing a zone change, is because the masterplan designated this area for Business Industrial Area (BIA), two zonings are allowed in that area, Heavy Industrial and Light Industrial. This is a conforming zone change. The masterplan does guide development, this is where that type of development is allowed. Each type of zoning has many uses that are required to get a CUP or by right of the zoning. BIA is appropriate if the board does decide this for the area. The back up is available with the agenda, it is available in the chambers in the meeting and available to read. People don’t understand that they can sign up and they get the email when the agenda is posted with the backup.

Commissioner Lee

asked the applicant if they have read, understood and agree to the conditions of approval with the addition of condition of approval #10.

Mr. Villamagna

stated yes. They have had a number of comments that they understand he wants to be clear, the panels do not stay in Pahrump. They come in, they get tested and then they leave. This isn’t a dumping ground and they aren’t going to the land fill. The whole purpose of this exercise is to keep them out of a land fill. 100 % of the panels are recycled. In terms of the question of benefits to Pahrump and Nevada this is a brand new business that they have started, it was launched 18 months ago in Northern Nevada. It is the start of a brand new industry in the recycling of solar panels. The opportunities to the State and this town are immense. They have the ability and possibility of making Nevada the forerunner of recycling of solar panels. The economic impact it will create is significant. In terms of why here, they have lived in LV for 25 years and are just bringing the business back home. Tired of working in CA and TX.

Mr. Waggoner

stated there was another question for the applicant in regard to the manufacturing. It said there was manufacturing of machinery, the public asked for explanation.

Mr. Villamagna

stated they are consolidating their external businesses to Pahrump. Some of the businesses they have are in odor control. Equipment to mitigate odor, and they build thermal equipment ie the ovens to destroy waste. They would use the facility as a warehouse for that equipment. It is fabricated elsewhere, then brought here to be stored and sold. It is basically warehousing activities.

Mr. Waggoner

asked if they would need to amend their application, because it says they are manufacturing here.

Mr. Villamagna

stated, yes they would eventually be manufacturing here.

Mr. Waggoner

asked if it would be part of a future phase.

Mr. Waggoner

stated anything sold out of the facility would have a sales tax associated with it, but what would the benefit be to Nye County for things just passing through Nye County.

Mr. Villamagna

stated there would be fees for that activity, employment created by those activities, various taxation for the activities to the individuals.

Mr. Waggoner

stated anything that just comes in and out would have no sales tax.

Commissioner Lee

stated the CUP is contingent on the ZC and MP being approved. Do they need to add a condition of approval for that or an expiration of the CUP. Page 19 of 21

Mr. Waggoner

stated that is the pleasure of the board to add any conditions and safeguards. Expirations are an excellent idea but need to be reasonable enough for them to become function. The CUP is contingent on the ZC, it wouldn’t be permissive without it. Items died for a lack of motion.

Commissioner Turner

asked if A and B still go for a recommendation to the BOCC.

Mr. Waggoner

asked why they wouldn’t give a recommendation on A and B.

Commissioner Turner

stated because they would have to provide the findings to recommend denial.

Commissioner Koenig

stated it is easy to recommend to approve. But to recommend a motion to deny they have to change the findings and it takes forever. It is easier for him to sit there and let someone else recommend approval and vote no. Item a. ZCMP-24-6

Commissioner Lee

asked if the ZC and MP are approved does the CUP need to come back for action on the CUP.

Mr. Waggoner

stated if you take no action it is more or less a denial. If the board was to decide the ZC and MP then that would open the door to reapply for the CUP.