October 9, 2024

Commissioner Lee

stated she turned in some minor typographical corrections to staff they have no bearing on the context of the minutes. Public comment opened at 6:02 pm and closed with no comments. Page 1 of 24 Motion: approve minutes as submitted with corrections, Action: Approve, Moved by Pamela Tyler, Seconded by Tim Bohannon. Vote: Motion carried by unanimous roll call vote (summary: Yes = 7). Yes: Beth Lee, Debra Hayden, Faith Simunick, John O'Brien, Leah-Ann DeAnda, Pamela Tyler, Tim Bohannon.

Commissioner Lee

stated the design ADT some are lower in ranking but have a higher ADT. Is that because of the other factors?

Mr. McKee

stated that is definitely one of the criteria’s they evaluate and utilize in the ranking. They reach expected ADTs by going out and counting traffic on all the roads and then take population projections for the town and run it out for 20 years. They also look at the zoning in the area and what is anticipated to be there.

Commissioner Lee

asked some of the funding sources show CIP/RTC, how much funding does the RTC chip in or is it based on project. Page 2 of 24

Mr. Mckee

stated it is based on project and the reason why is to create synergy between our streets and highways. Previously these projects didn't work together. If you had a project you wanted to get done, but you didn't have all the funding you needed, you were kind of just stuck waiting until more funding was acquired. The intent there is to be able to be more flexible in our approach and be able to fund more projects at a faster pace, but also the intent there is to be able to be more flexible in our approach and be able to fund more projects at a faster pace, but it kind of depends on the project and what's budgeted in each plan. The road design is going to be the same of course, but the anticipation is it would be 50/50 with the exception of if a portion of the road on either or plan isn't on the other one.

Commissioner Bohannon

stated some of the roads seem like they are in better condition than what we had evaluated on here. One in particular that caught his attention was Blagg - State Route 372 and Wilson the safety factor was one that caught his eye. There were several roads that I saw needed attention to, which includes Wilson to Bolling. That intersection was really bad, but also going down towards Leslie. Another one that isn’t on the list is Dandelion around Mount Charleston, that area floods and when it does it deteriorates the road.

Mr. McKee

stated on Blagg / 372 to Wilson the safety priority ranking and how that is established is based on crash data. That's just a data-based approach to evaluate these all on the same playing field. They get crash data from the state and the sheriff’s office. Depending on the severity of the crashes and if there's fatalities, that's what really bumps those numbers up and in the plan.

Commissioner Bohannon

asked what the timeline was 2- or 3-year snapshot?

Mr. McKee

stated the crash data goes back to 2018 all the way up till 2022, it’s post roundabout construction. To speak to the Bolling intersection that would be fixed and reconstructed with the Wilson project that is on Wilson from East to Blagg. So that intersection would be evaluated, engineered and reconstructed in that project. He doesn’t recall if Dandelion to Mount Charleston is in the 20-year outlook or further down in the plan and getting beat out based on criteria. Safety features have a different prioritization, as you will see on page 9 of the plan.

Commissioner Bohannon

asked how they put things on their radar.

Mr. McKee

stated from a network standpoint, they have different plans that they have the capital improvement plan, the whole intent behind it is to plan for future needs. On roads that are more heavily traveled by the public, which is different from the RTC streets and highways plan where you have more of a mixture of roads with lower classifications to get maintenance done on those. You won't have just reconstruction projects on the RTC streets and highways plan. You'll see some surface overlays or slurry treatments or different things that prolong the life of the pavement. So that's where we get into the rural collector roads and roads that are still heavily traveled and you have to plan for that maintenance.

Commissioner O’Brien

asked if there is a limitation on the number per square foot for fire code.

Mrs. Medici

stated that is addressed through the State and whenever the applicant applies for a business license, they have to do the health Life safety inspection for the facility.

Commissioner Lee

stated the waiver is because they don’t want to do it or they need more time to do it.

Mrs. Medici

stated that is what she has taken from the justification letter. The property was designed to be a SFR and not a commercial childcare facility. The front of the parcel is a little narrower and the front door to the property line doesn’t allow for that design.

Commissioner Bohannon

asked how frequent the state inspections are?

Mrs. Medici

stated the Planning Department doesn’t address that, we deal with land use only and the state is the one who handles the inner workings of the facility.

Commissioner Bohannon

asked how the noise level has been previously to now wanting to be a daycare.

Mrs. Medici

stated she can’t speak to that, it is going from a SFR to a daycare and they may have kids of their own that are being kids and the difference between that and a daycare. She doesn’t know. Toynisha Jamerson stated she came to Nye County because her son works for the Sherriff’s Dept and he needed daycare. She shut her facility down in N. Las Vegas and moved here. She has been licensed in two states, her children are 30 and 35 and she has been doing childcare off and on since they were little. The Fire Marshall has already been out and she has her state business license as well. She has 5 adopted children as well as her 2 biological kids. She would only have a maximum of 12 kids, her husband and herself would be working there.

Commissioner Lee

stated the justification letter shows they will be open from 5 am to 2 am?

Mrs. Jamerson

stated that is what she did in Las Vegas, and she wants to be available to help moms out. She doesn’t prefer to be open 7 days but if it is a need she will accommodate.

Commissioner Lee

asked if she has 1 or 2 employees what will the shifts be if you are open until 2 am?

Mrs. Jamerson

stated it is just her, her husband and her mom right now.

Commissioner Lee

asked if she has an intention to do the circular driveway and she just needs time to do it? Page 4 of 24

Mrs. Jamerson

stated she doesn’t have the dimensions to do it with the way the home is.

Commissioner Lee

asked if she would have people pull in and back out.

Commissioner Lee

stated NCC doesn’t allow for commercial traffic to back out into the ROW.

Mr. Mulvey

stated that is correct, the only thing that is allowed is residential like it was.

Mrs. Jamerson

stated she doesn’t consider herself commercial. Why can’t someone just do the childcare out of the home.

Commissioner Lee

stated the issue is the parking, the code is set up in this jurisdiction to have a circular driveway with a particular radius X amount of feet from the front door so that if a child gets out loose, you're not going to back over the child, it is all about the child’s safety. To do a commercial use in your residential property you have to abide by certain requirements in the code, and that is one of them, you can’t pull in at 90 degrees and then back into the ROW, without a waiver.

Mrs. Jamerson

stated she doesn’t have the dimensions to do the driveway, if there is a way she will do it.

Commissioner O’Brien

stated he doesn’t see where the setback of the driveway can be met, and they need to think about the safety of the children.

Mr. Mulvey

stated in the requirements it has specific requirements for the driveway.

Mrs. Jamerson

stated she has seen daycares here in town that don’t have driveways, but she has been told they are grandfathered.

Commissioner Lee

stated they could be legal non-conforming, applied for a waiver or they are in violation of their use permit.

Mr. Waggoner

stated the way the code rates for a childcare facility, it asks for a paved circular driveway, 20 feet in width with the minimum inside radius of 20 feet in an area. Minimum of 30 feet from the entrance of the facility where the children are picked up and dropped off. I believe she could probably get the 20- foot radius part. I don't know that she would ever be able to meet the 30 foot because most setbacks for residential are only 25. If this was approved the waiver could be amended for the 30 ft setback from the entrance.

Commissioner Lee

asked if the wall in from was a retaining wall or just decorative.

Mrs. Jamerson

stated it is just decorative and can come down.

Commissioner Hayden

stated they are asking for a year, is there a reason why it would take that long.

Mrs. Jamerson

stated they have to tear everything out and it would need to be designed.

Commissioner Lee

asked if the applicant has read, understand and agree to the conditions of approval.

Commissioner Carbone

asked if during the 1 year it will take to get the driveway in will it operate as a childcare facility.

Mrs. Jamerson

stated yes. Page 5 of 24

Mrs. Medici

stated they have had a childcare facility granted, she believes a 9 month timeframe to install the driveway. This isn’t out of the realm to be asked for.

Commissioner Hayden

suggested amending the special condition that any successors shall direct any potential purchaser in writing. She stated she understands Mrs. Medici’s rationale for the nine months but what is done in the interim to keep the kids safe?

Mrs. Jamerson

stated she does have the gravel up front and make sure they don’t back out.

Commissioner Hayden

asked Mr. Waggoner if they approve the waiver pending construction and inspection?

Mr. Waggoner

stated they can modify the condition however they want in the motion.

Commissioner Lee

stated they can just modify the part they are waiving.

Commissioner Bohannon

asked if for condition of approval 11 - 2 could they change the time from 2 years to 1 year or something else?

Commissioner Lee

stated condition of approval #5 states they have to submit a written report in 6 months so if they don’t do that they run the risk of losing their approval, she thinks 2 years is sufficient.

Commissioner Lee

stated condition of approval #9 sets time limits for when the kids can be outside. If they have a desire to change those conditions they can have that conversation.

Commissioner Hayden

asked if there was an outdoor fenced play area and if she agreed to the condition. And condition #7 to remove the fence in the county ROW, there was no discussion.

Commissioner Lee

stated she asked her if she had read, understood and agree the conditions of approval and she said she did.

Commissioner Bohannon

asked if there will be proper lighting with the 6pm time.

Commissioner Lee

stated she will have to adhere to the lighting code.

Commissioner Lee

asked if they want to add in a time frame to finish the drive way Amend motion to add timeframe for driveway to 6 months. Bohannon amends second

Commissioner Bohannon

stated he would like clarification on Finding #4 about seizing animals.

Mrs. Marshall

stated they were alluding to Platunov and the issues in Amargosa. Pat Leming, applicant stated she doesn’t know what she is addressing here.

Commissioner Lee

stated she is applying for the same CUP that she had before and a waiver from all the development standards, so tell them about that.

Ms. Leming

stated one of the CUP requirements was that she put in a state approved septic system which she has tried to follow through with she found requirement was excessive for the property. Animals don’t use the restroom or water that is coming out of the normal business commercial application. So, they were trying to work with the state to find a work around and as of this date haven’t been successful in doing that. She is asking for a waiver so they can trying to find the appropriate people in the state to get a waiver that they need to go through with the operation of the property.

Commissioner Hayden

asked for clarification that when she says she hasn’t been successful that you haven't been able to locate the appropriate departments to speak to, or someone hasn't been able to appropriately answer your questions.

Ms. Leming

stated all of the above she got the name of the person that’s required at the state level for the area but she informed her she doesn’t handle it and she gave her the name of a person in Pahrump to call, who once she called he couldn’t help her. She needs to talk with someone to make sure they understand the requirement for a commercial septic is totally inappropriate for this property and the use they are putting it to.

Commissioner Lee

asked Mr. Waggoner what the trigger is to require this commercial septic. Is it the State, the commercial use? Mr, Waggoner stated it is all of the above, it's a state requirement and NDEP has classified this whole entire valley as a high nitrate area. So, any commercial use of a property requires a commercial septic system, doesn’t matter if you’ve got 1 toilet or 15. It isn’t a requirement of Nye County.

Commissioner Lee

asked for clarification that if it is a state requirement they don’t have the authority.

Mr. Waggoner

stated Ms. Leming has been told the State is who she needs to contact to get a waiver if there is one available.

Ms. Leming

stated they are asking for 5 years so they can get to the proper people to find out what it is that we really require to get this mitigated.

Commissioner Lee

stated the agenda item is written that you are asking for a waiver of Cat II SD and all of the development standards, there is nothing in it asking for more time.

Ms. Leming

stated when she applied for the waiver she specifically asked for more time in order to negotiate through the State.

Mr. Waggoner

stated he isn’t against what she is doing but she has had 2 years, and he has personally told her many times that she needs to contact the state.

Ms. Leming

stated she has done that.

Mr. Waggoner

stated the contact information is on the internet, water pollution control. That wasn’t what was applied for. Page 8 of 24

Commissioner Lee

stated she is looking at what came off the justification letter, stating she is requesting a waiver of the requirement to obtain a commercial OSDS system, which they don't have the purview to waive that. That has to come from the state because that's a state requirement. And you're also requesting a waiver of a category two site development plan requirements.

Mr. Waggoner

stated in the letter she is requesting 5 years to do it, there is no reason why it should take 5 years, we are already 2 years into it.

Commissioner Hayden

asked for clarification that she is asking 5 years to do the SD or OSDS.

Mr. Waggoner

stated she is asking 5 years to take care if the OSDS requirements.

Ms. Leming

stated she is on a dirt road and the Site 2 Dev plan is excessive for the area she is in. the paving of the parking lot, landscaping and lighting serve no purpose. For her to do a flood plan, a traffic study are totally ridiculous based on where they are. Landscaping is ridiculous and for what purpose. They are there to save animals.

Commissioner Hayden

stated in her documentation she stated animals aren’t adopted out of that facility. How do the public locate them.

Ms. Leming

stated a lot of the animals are out on foster, they are pretty much a foster based rescue. They do have animals on site and anyone is allowed to come in and take a look at them. They are on Adopt A Pet Finder and have adoption events at Tractor Supply and other events where people don’t come to their facility, they are adopted at the location they take them to.

Commissioner Hayden

stated there is a comment from NC Animal Control, who made the comment. She wants to know the source of the information, not just the Department. She doesn’t like hearsay.

Commissioner Carbone

stated it is the Nye County Animal Shelter that does that job so it is Nye County Officer.

Mr. Waggoner

stated those comments are obtained by them, it isn’t a statement from the applicant. It is the same as Public Works, it doesn’t say Tyler said this, it is a comment from the Department. It doesn’t matter which individual stated it, we obtain it from the Department.

Commissioner Hayden

stated because she’s read comments before on another case that came before this board and thought that they were poorly written, expanded the scope of our jurisdiction and inappropriate. She wants to know if these came from someone with authority.

Mr. Waggoner

stated he doesn’t appreciate that she is saying it is hearsay, this is a comment from the Department, it is put into our staff report exactly as it is stated from the Department.

Ms. Leming

stated they have been able to meet some of the standards from the previous conditional use permit and that we were able to obtain the water rights, they we were able to have the mobile home that was on the premises inspected by the state and the only hurdle they still have are the lighting, the landscaping, all of those items, and then the septic by the state and all they are asking is for a little additional time on the septic and for the site 2 development plans to be waived as much as possible due to the fact of where they are located at. It serves no purpose to the general public to have these services provided.

Mr. Waggoner

stated providing a paved parking spot for handicap is definitely providing a service to that patron. He doesn’t disagree with paving a ½ of a street or a paved parking lot up against a dirt road, it is close to the paved road, but if pavement requirement is waived it does still need to meet ADA. Page 9 of 24

Ms. Leming

stated she does have a concrete sidewalk out front and people come up and drive up to the sidewalk. They don’t have them parking over in the parking area in that way they are ADA compliant.

Mr. Waggoner

stated that doesn’t make it ADA compliant, it needs to be a marked spot, a van unloading area. But it has to be an ADA marked parking spot.

Ms. Leming

stated that isn’t impossible for her to do, they can mark that as an ADA parking area.

Commissioner Hayden

asked for clarification that when he says paved you don't necessarily mean black top. It could be the stones, right, because she was there today and it's just now plain old dirt.

Mr. Waggoner

stated it can’t be gravel, it has to be all weather, it can be asphalt, pavers, concrete, or chipseal.

Mr. Mulvey

stated for ADA you are required to meet sloping requirements.

Ms. Leming

stated if there is grading that needs done they can do that. But they do have an existing area they can exit and enter on a concrete surface.

Commissioner Lee

stated as long as it is painted appropriately and meets the sloping requirements.

Ms. Leming

stated she will make sure both those happen.

Commissioner Hayden

asked Mr. Waggoner if historically if the board has given more time to deal with the septic system and if so what was given and what would they suggest.

Mr. Waggoner

stated to find out whether or not NDEP will give them a waiver or not in his opinion shouldn’t take more than tomorrow. As far as installing the septic, it is an engineered system. If they don’t give her the waiver, they are expensive and need to be engineered. There are time frames that people are given to put in, he has seen a year. He will send her a phone number, right off the internet and he knows people have called and gotten the waiver.

Commissioner Lee

stated if it is just a timing thing, they can address that with the timing as listed in the conditions of approval, correct.

Commissioner Hayden

asked if they were to allow her more time would they approve the CUP and also the waiver?

Commissioner Lee

stated no, she is asking for more time to get it done, that would be under CUP special conditions of approval #8. That could be extended or amend the dates. The waiver as far as it is written is to waive the SD submittal and development standards, that is what they would have to decide. Do they want to waive it completely?

Commissioner Tyler

stated pending development of the area, do we want to put a time frame for that waiver so that they would have the opportunity to look at it again if the area has changed and hold them to SD at that time.

Commissioner Lee

stated development standards aren’t determined based on the neighborhood. It’s based on the use of the property and she's asking for commercial use on this property that needs to meet the development standards but how does denying a waiver would trigger to come back to review development.

Commissioner Tyler

stated that would be if it wasn’t denied and they were just given a time frame. Page 10 of 24

Commissioner O’Brien

asked if they can approve a waiver with a condition of time, is that allowed? It is a great service for the community to place all these animals into foster homes, the facility is clean, it is a non-profit so they don’t have a lot of money to work with. Can they give it for 365 days and bring it back to the board in a year and if they see changes required for the property then they revisit the property in one year. He asked Ms. Leming if there is a domestic septic on the property.

Ms. Leming

stated yes, a 1200-gal tank.

Commissioner O’Brien

stated that is the minimum for a domestic property. Planting trees is more water use, there is little traffic to the facility and the road is gravel. He would like to see if they put the wavier for 1 or 2 years, and if more people move into her particular area revisit the need for putting improvements in.

Commissioner Lee

asked staff how such a motion would be worded? Is it something that is possible?

Mr. Waggoner

stated he doesn’t know why they wouldn’t be able to put a time limit, you could put it for a 2 year time limit.

Ms. Leming

stated 365 days isn’t realistic with everything they have going on during the rescue. It doesn’t give her the opportunity to do the things she needs to get done. She would prefer a longer time frame.

Commissioner Bohannon

asked staff from a state compliance perspective does the 2-year time frame create any issues.

Mr. Waggoner

stated we can’t waive the requirement from an OSDS period, without something from NDEP. We can give her a timeframe to obtain that approval from NDEP then they can remove the condition.

Commissioner Lee

stated they could approve it as written with that two-year review period in there. If in two years when it comes back to us, we can modify the conditions of approval and remove that condition of approval. If she's met some of the requirements. What would happen at the end of the two years.

Mr. Waggoner

says two years isn’t appropriate, it shouldn’t take that long. He doesn’t know that you can’t revisit this in a period of time in a motion. If they pick a date now they wouldn’t have to renotice. They can do a temporary approval and give her a period of time to bring back the documentation from NDEP approving the waiver. You can waive the SD requirement per code, but that is just a section of code, you’d have to name each of those and the recommendation was to deny the waiver, so you would have to provide alternate findings to support approval.

Ms. Nelson

stated they can’t do a temporary approval of the waiver, that isn’t how the agenda is written.

Commissioner Lee

stated they could motion to approve based on findings that they develop and subject to conditions of approval that this comes back for review for whatever is determined. Would that be appropriate.

Ms. Nelson

stated the staff recommendation is to deny the waiver, so there would have to be additional findings.

Ms. Leming

asked why staff is recommending denial.

Commissioner Lee

stated it is listed in the staff report in the findings.

Mr. Waggoner

stated for a waiver there are certain criteria that we have to have in our findings for us to support it. As it was told to her in their meetings, he doesn’t disagree that they shouldn’t have to put pavement up against a dirt road. But to waive every development standard they can’t support that. Page 11 of 24

Commissioner Hayden

stated since they are looking for alternative findings, the fact that the road isn’t heavily trafficked would qualify for an alternative finding. Since it isn’t heavy traffic maybe they don't need a traffic study, the landscaping would require additional water. Maybe there is a low-cost solution to meet the requirements so that the parking is in compliance for handicapped accessible stuff.

Commissioner Lee

stated there are findings in the code that must be met, if staff can’t make them, that is where their recommendation for denial is from. One finding is that this is a cause of hardship or an abridgement of property rights. She doesn’t think that the circumstance or conditions do not apply generally to other properties in the same land use district, not her neighborhood in the same kind of land use district with someone applying for a CUP. It's necessary to substantiate justice and approving it will or will not result in material damage or prejudice to other properties. The findings are listed there and she would stick to these findings because that is what staff has researched to come up with their determination.

Commissioner Bohannon

stated this could be a potential hardship with Animal Control if this isn’t a viable location.

Commissioner Lee

asked the DA’s office if they should table this.

Ms. Nelson

stated it would be up to the chair, they also haven’t had public comment yet.

Mr. Wagoner

stated they can continue to another date as well.

Commissioner Hayden

asked how to proceed with the waiver.

Commissioner Lee

stated you make a motion to continue the two items to a date certain. That will give them time to make some phone calls and see where she stands with the state. If the board wants to approve the waiver it will give them time to address all the items. Page 12 of 24

Commissioner Hayden

asked if they need the CUP while they continue.

Mr. Waggoner

stated they can approve or deny one and continue the other.

Commissioner Tyler

asked for clarification on when the January meeting was.

Ms. Sandoval

stated it is January 15th.

Mrs. Medici

reviewed her staff report stating the applicant is requesting a CUP for a concrete batch plant on an HI property and a waiver on the minimum setback of 1000 ft from a residential property line. Staff finds sufficient justification to recommend approval of the applications subject to the standard and special conditions of approval.

Commissioner Lee

stated they heard this item at the January 10, 2024 RPC meeting and they were denied and that DDA Nelson had issues with three of the findings. What is different this time? In reading the staff report and the minutes form January she doesn’t see much has changed.

Mrs. Medici

stated the previous application in January some of the findings that were listed some were opinions, some were listed in an area staff is not well versed in, we are here to look at land use and some of the information was scientific information.

Mr. Waggoner

stated the waiver is for the separation, HI is applied to a whole bunch of properties there abutting residential zoned property. The applicant purchased a specific zoning for the specific purpose to get the entitlement provided in code. The residential zoning was more of an error of Nye County putting the most intense zoning right next to residential property without providing a buffer. It needs to be fixed and there aren’t many developed properties up there. The supplier that is adjacent to the property is far Page 13 of 24 less intrusive than the current concrete batch plants have to truck materials 7 miles down county roads several times a day.

Commissioner Hayden

stated there are silos that she assumes the product will go in. If they were going to add silos to the property will they need to come back for an additional permit?

Mr. Waggoner

stated that whole rig is a premanufactured batch plant.

Commissioner Hayden

asked if they expand do they need to come back.

Mr. Waggoner

stated the CUP is a land use, this does have to go through NDEP permitting and a Nye County Permit for Air Pollution control.

Commissioner Hayden

asked if someone is living in the SFR on the property.

Mr. Waggoner

stated that is a question for the applicant.

Ms. Nelson

stated the concerns that were raised by the DA's office back on January 10th have not been eliminated here for this revisit of the same CUP and waiver. Additionally, to the items that were mentioned back on January, on Page 3 of the staff report number 6, it states that the excess dust and particles created from the processing of the concrete could make potential fines for the county. That seems contrary to staff’s recommendation that it would not create potential detrimental economic welfare for the community. She doesn’t see where those have been addressed or eliminated and there was a significant amount of information that was presented to the board in January that isn’t presented now. The DA’s office maintains its concerns regarding the approval of either the CUP or waiver.

Mr. Waggoner

stated that isn’t correct, that the county would be fined. The operator of the facility would be, it is part of their permit. As far as the particles we didn’t have the documentation of the equipment that is being used, it is a concern it isn’t operated correctly. It has to be inspected and operated per the design and it is monitored and inspected by NDEP, they regulate that.

Ms. Nelson

stated it is stated in the staff report, it does state on page 3 item #6 possible fines to the county.

Mr. Waggoner

stated that is a typo. We as a County would not be fined. Rene Morales stated he has looked a lot for a property to do the batch plant and this is the best property he found. It is 300 yards from his gravel pit. He used to own US Ready Mix on the south end of town, he sold it to Wulfenstein 7 – 8 years ago and the way you run this plant is wash materials. He owns the most sophisticated wash plant and it is 300 yards from this property. The plant is NDEP, OSHA and MSHA approved. It will create less dust than the gravel pits.

Commissioner Hayden

asked if they are using that equipment or is it an example.

Mr. Morales

stated he is using that particular batch plant.

Commissioner Hayden

stated there are filters on top of the stacks, can they be bypassed?

Mr. Morales

stated the machine won’t work if the filters aren’t there. They are there to eliminate any fugitive dust and can’t be bypassed.

Commissioner Hayden

asked how do they know they aren’t working and how do they know if they are ready to expire or be changed.

Mr. Morales

stated every 2 weeks you can wash the filters. Page 14 of 24

Commissioner Hayden

stated they are taken down and washed?

Mr. Morales

stated yes, they are all electronic too and it will tell you when they are in need of cleaning. Everything is enclosed, and they are portable plants and enclosed.

Commissioner Bohannon

asked what the driver was for him choosing this location.

Mr. Morales

stated because of the proximity of his gravel plant and because it is HI zoned. You will eliminate 7000 trips, he has to travel from the south end to Basin and it will help with wear and tear on the roads. He is only 300 yards from his gravel pit.

Commissioner Lee

asked what type of PPE will the employes be required to wear.

Mr. Morales

stated they will require them to wear masks, every Friday they have a safety meeting, they have to be OSHA compliant, all employees will be trained.

Commissioner Lee

asked how much water this uses.

Mr. Morales

stated it doesn’t use much but only 500 gallons per truck load. The materials are wet, it is all washed rock and sand.

Commissioner Lee

asked how many truckloads a day there will be.

Mr. Morales

stated 10 maybe 15 if it is a good day. It is based on the market.

Commissioner Lee

stated that would be 5000 gallons a day for 10 truckloads. Does it just go through and just get discharged back onto the ground.

Mr. Morales

stated you use it at the jobsite, nothing gets wasted.

Commissioner Lee

asked if he has applied for this Commercial Water rights.

Mr. Morales

stated he has water rights, he and his partner have a few they just need to transfer to this location.

Commissioner Lee

asked if they have started that yet?

Mr. Morales

stated no, he needs their permission first.

Commissioner Lee

asked if they will stop operations when they clean the filters so they aren’t bypassing the filter system.

Mr. Morales

stated he has to, the plant won’t run.

Commissioner Lee

stated he stated this is a mobile plant, the justification letter states the hours of operation Monday – Friday 6 am to 3 PM unless special circumstances affect the regular operation hours. What is an example of that?

Mr. Morales

stated in wintertime you can’t pour concrete very early in the morning so you will probably be pouring at 10 when it is warm if it is still too cold he’ll probably pour at 12 pm. And summertime probably start at 6 am and be done by 10 am.

Commissioner Lee

asked where he will be using the unit.

Mr. Morales

stated on the property he doesn’t intend to move it. Page 15 of 24

Commissioner O’Brien

asked how many employees he will have.

Mr. Morales

stated 7 and probably 8 with a secretary.

Commissioner Bohannon

asked if when things are busy, are they looking at 20 trucks on average?

Mr. Morales

stated he wouldn’t be able to tell, there is another Ready Mix plant and he doesn’t think he will take 80% of their business. He’s grateful with 10 or 15 loads.

Commissioner Bohannon

asked if he foresees any change of use from what he is presenting tonight.

Commissioner Hayden

asked if there is someone living in the SFR or is it office space.

Mr. Morales

stated it will be office space.

Commissioner Hayden

asked if they could ask DDA Nelson if the comments made tonight have satisfied the DA’s Office concerns.

Ms. Nelson

stated they have not. She hasn’t heard anything that is different than what was presented on January 10th. One of the conditions with respect to the conditional use permit is that the use will not be hazardous or disturbing to existing or future neighboring uses. One item that has been omitted, which was presented back in January which you know is staff can correct me or the applicant, can correct me if it's no longer the case, is that 2 main hazards of this type of facility are the silica dust exposure and concrete burns. The existing of future neighboring uses will not be afforded that same protection he has discussed for employees. They also addressed in January item #4 with respect to a substantial improvement to the property or the immediate vicinity, again we have whether or not you know it should have been or should not have been residential properties in that area. There are residential properties in that area. These issues have to be address with respect to those residents. #7 - that this does not cause excessive noise or fugitive dust. It does mention that and it was also mentioned back in January, so all of these issues just have not alleviated the DA's concerns with respect to items number 3-4 and seven of the staff report, which seems contradictory to the approval of the CUP.

Mr. Morales

stated in #1 the dust collectors in this plant have and will alleviate and silica sand they are talking about. This is safe and environmentally friendly, and this plan is used all over the US. Actually, you have more fumes and more asbestos and more silica sand with recycling facilities, with a landfill behind them, and with the other facility and the gravel pits, this is 99% safer than anything else around in this area. This property is zoned properly and it could be worse if he put a recycling facility or a gravel pit. For #7 he is willing to chip seal the road and pave the parking lot to alleviate the dust the trucks may cause.

Commissioner Bohannon

asked about the neighbors and the safety from EPA considerations.

Mr. Morales

stated they are safer with his plant, the dust collectors will alleviate any fugitive dust, he is going to have his sons working side by side with him and he wouldn’t jeopardize their health.

Commissioner Hayden

asked if he has an emergency plan in case something fails. And what would that be?

Mr. Morales

stated he would call 911, but not much can go wrong with concrete, he has been doing this since he was 17, he is 50 now. It is all computerized and you push a button it mixes and within 3 minutes you load the truck. If it fails he calls a technician who is a professional to help them. Page 16 of 24

Commissioner Hayden

asked if when the computer doesn’t work, you just shut down for the day, is there someone on staff that has the technical ability to troubleshoot.

Mr. Morales

stated they have mechanics and electricians that can help and technical support. It is very critical to have the computer working every load that you load, it has to be computerized in case of a lawsuit. When you push a button and at the end of the load it will spit out a ticket and tells you how many gallons and however many pounds of sand and pounds of cement. If there is a lawsuit you have that paperwork to show it was calculated property.

Mr. Waggoner

stated he believes what she is asking if the machinery jams up or computer doesn't want work or the filter hatch pops open does the machine shut down automatically? Or do you manually have to shut it off.

Mr. Morales

states it shuts down automatically.

Commissioner Hayden

stated if the machine fails are their emissions in the air?

Mr. Morales

stated no, the filters are attached to the machine. To clean them you have to shut down, go to the top of the machine and physically take it off to wash it. The computer will tell you when it needs to be changed.

Commissioner Bohannan

asked if special condition #8 is achievable.

Mr. Morales

stated yes, but the only one he can’t comply with is the 6 am - 3 pm. Because in the summertime it could be earlier and wintertime it could be later like he specified before. Everything else he will comply.

Commissioner Lee

asked why he put those times in his justification letter then.

Mr. Morales

stated that was his mistake, he should have put 5 am to 4 pm. He doesn’t want to be bound to certain times then be in trouble. Page 18 of 24

Commissioner Lee

asked what average hours of operation in the summer.

Mr. Morales

stated summertime from 5 am to 10 – 11 am, you don’t pour after 12pm. Let’s say 5 am to 2 pm.

Commissioner Lee

asked for winter hours.

Mr. Morales

stated winter depends on the weather it could be from 7 am to 3 pm.

Commissioner Lee

stated she will amend condition of approval #12 hours of operation will be Monday through Friday, Summer hours of operation 5 am – 2 pm and winter hours of operation 7 am to 3 pm.

Commissioner Hayden

stated Mr. Morales stated he would pour at 5 am don’t you have to start earlier.

Mr. Morles

stated it takes 3 or 4 minutes to batch a truck on this plant. You leave the bins full the night prior so you are ready the next morning.

Commissioner Bohannon

asked about the truck wash and where the residual goes.

Mr. Morales

stated when you are pouring a house and at the end you have one or two yards left over, because they order extra, they normally have areas where you dump it and it will be put back into a truck and taken back to his crusher and make type two out of it.

Commissioner Bohannon

asked what he will do to reduce noise concerns.

Mr. Morales

stated he will put a wall around it.

Commissioner Bohannon

asked about lighting.

Mr. Morales

stated there will only be light when they are operating and will have normal lighting like any company will have. They can regulate that if they’d like.

Mr. Waggoner

stated there are lighting regulations he has to comply to. It needs to be dark sky compliant. Providing he isn’t operating at dark, it should be no more than a security light. The wash out areas have to be lined, that is regulated by EPA.

Commissioner O’Brien

asked what his plans are to help the county with road improvements.

Mr. Morales

stated he likes to keep his trucks clean and he’d like to chip-seal Kitty Hawk to the county standards like any other road in town.

Commissioner Bohannon

asked if Ave. of the Stars and Kitty Hawk proposed for chip seal as well? Ave of the Stars has been a county-maintained road for a long time, he does grade it and use his water truck there. If they allow him to start with Kitty Hawk and a condition for Ave. of the Stars in the next 2 or 3 years, absolutely.

Commissioner Bohannon

stated the DA still has concerns and he wants to make sure it is alleviated or addressed in the motion.

Ms. Nelson

stated the DA’s concerns were with item # 3 that the business will not be hazardous or disturbing to existing or future neighboring uses, another concern was although the company has safeguards in place for PPE for the employees those types or safeguards aren’t provided to the general public, that can’t be rectified by the applicant. In regard to Item #7 with excessive noise and dust. There is a concern of the harmful effects of silica dust exposure and concrete burns. Page 19 of 24

Commissioner Bohannon

stated this has to go through EPA inspections and that inspection will tell us whether or not it is fit for service or not.

Mr. Waggoner

stated they are required to obtain a class II air permit and in order to do that it has to meet a certain level of emissions coming out of the machine.

Commissioner Bohannon

stated he is still unsure what the concrete burn issue is.

Mr. Waggoner

stated there's additives in concrete, but if you were to put your hand in concrete, it actually helps it cure faster, it is zinc. It is commonly used in colder months.

Commissioner Bohannon

asked how he is protecting his employees form that and what else needs to be done for the surrounding neighbors.

Mr. Morales

stated they will chip seal the road, they will put a wall around the property and it will eliminate a lot of the noise. The new trucks he has now aren’t very noisy.

Commissioner Hayden

stated if the plant starts at 5 am, how much lighting is out there for the employees to get everything ready?

Mr. Morales

stated the way the plan is set up it will point towards the recycling facility on Mesquite, that is where the lights will be pointed. It won’t affect the neighbors.

Commissioner Lee

stated for clarification that any lighting that he chooses to put on the property has to comply with code. There's four, there is a height limit on the poles and the per zoning district. They have to be downward facing, fully shielded and dark sky compliant and all that will be vetted through SD.

Commissioner Hayden

stated she is uncomfortable that the DA’s conditions haven’t been met.

Mr. Morales

stated he thinks they have met every criteria and truly needs their support on this.

Commissioner Bohannon

stated he heard a little about PPE but not a through safety plan, but he believes that is in the works. For an EPA standpoint he is less concerned, he thinks is part of the Cat II.

Commissioner Tyler

stated Cat II aside, it is a requirement that they have EPA, NDEP, MSHA and OSHA all have oversight as well, all the points the DA made about burns etc, all of those are covered by those other regulatory agencies. She isn’t sure why it didn’t satisfy her question on that particular point.

Commissioner Lee

asked if that includes the suggested additional conditions for the CUP?

Commissioner Bohannon

stated yes. Seconded by Faith Simunick. Page 20 of 24 Vote: Motion passed (summary: Yes = 4, No = 3, Abstain = 0). Yes: Faith Simunick, John O'Brien, Pamela Tyler, Tim Bohannon. No: Beth Lee, Debra Hayden, Leah-Ann DeAnda. 11. a. For Possible Action - ZCMP-24-12: Public Hearing, discussion, and deliberation on an application for a Master Plan Amendment (Minor) to change 9.97-acre portion of a 20-acre lot from RDR (Rural Density Residential) to BIA (Business Industrial Area) to allow the expansion of a gravel pit facility, located at 1870 E. Blosser Ranch Rd., Pahrump, NV. Assessor’s Parcel Number 027-411-30. MM Holdings LLC – Property Owner; Morales Construction Inc.- Applicant. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for November 15, 2024, or as otherwise announced.) b. For Possible Action – ZCMP-24-10: Public Hearing, discussion, and deliberation on an application for a Conforming Zone Change on a 9.97-acre portion of a 20-acre parcel zoned RH-4.5 (Rural Homestead 4.5) to HI (Heavy Industrial) to allow the expansion of a gravel pit facility, located at 1870 E. Blosser Ranch Rd., Pahrump, NV. Assessor’s Parcel Number 027-411-30. MM Holdings LLC – Property Owner; Morales Construction Inc.- Applicant. (The Pahrump Regional Planning Commission makes a recommendation on this item. Final Action by the Board of County Commissioners is scheduled for November 15, 2024, or as otherwise announced.) c. For Possible Action – CU-24-30: Public Hearing, discussion, and deliberation on an application for a Conditional Use Permit on a 9.97-acre portion of a 20-acre parcel to allow the expansion of a gravel pit facility, located at 1870 E. Blosser Ranch Rd., Pahrump, NV. Assessor’s Parcel Number 027-411-30. MM Holdings LLC – Property Owner; Morales Construction Inc.- Applicant. (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.) d. For Possible Action – WV-24-17: Public Hearing, discussion, and deliberation on an application for a Waiver from NCC 17.04.700 (A)(23)(b), waiving No excavation or storage of sand or gravel shall occur within three hundred thirty feet (330') of residentially or commercially zoned property located at 1870 E Blosser Ranch Rd. Assessor’s Parcel Number 027-411-30; MM Holdings LLC – Property Owner; Morales Construction Inc.- Applicant. (This item is Final Action by the Pahrump Regional Planning District unless appealed to the Board of County Commissioners, or as otherwise announced.) e. For Possible Action – Resolution 2024-26: Discussion and deliberation to adopt, amend and adopt or reject Pahrump Regional Planning Commission Resolution No. 2024-26: A Resolution to amend the Master Plan Designation within the Pahrump Regional Planning District, on Assessor’s Parcel Number 027-411-30, from Rural Density Residential (RDR) to Business Industrial Area (BIA). (This item is Final Action by the Pahrump Regional Planning Commission unless appealed to the Board of County Commissioners, or as otherwise announced.)

Mrs. Medici

stated the applicant is proposing to increase the current gravel pit from 19.68 acres to 39.36 acres the expansion is necessary to keep their employees safe since the existing gravel pit is running out of space to continue operations, employee parking will be located by the main access entrances. The gravel pit will normally operate Monday through Friday from 6:00 AM to 3:00 PM. This gravel pit is monitored by MSHA and by NDEP to ensure a safe operation and to protect employees in the community. The master plan amendment, if approved, will allow the zone change and will be conforming and similar to other parcels in the area and approved zone change would then allow the proposed expansion of a gravel pit in heavy industrial zone property with an approved conditional use permit. Staff finds sufficient justification to recommend approval of all four applications for the proposed gravel pit expansion. Future expansions will require additional approval from the RPC, the BOCC and the Planning Department.

Commissioner Bohannon

stated Letter E the resolution, is it a requirement.

Mrs. Medici

stated yes, the resolution is required for the masterplan amendment to take place. Page 21 of 24

Commissioner Lee

asked if Blosser Ranch is dedicated in front of the subject parcels.

Mr. Mulvey

stated across the street it is partially. One side is and one side isn’t, and it is like that all the way down to Hwy 160 where some of it has been dedicated some it hasn’t, some is somewhat improved and some isn’t.

Commissioner Lee

stated there is a special condition to merge the two parcels and wanted to make sure there wasn’t a road abandonment that they had to do in conjunction.

Mr. Mulvey

stated no, it shows it going through because it has alignment. Currently the gravel pit goes to the center of it. Rene Morales stated this is necessary to expand their operations for the safety of his employees.

Commissioner Lee

stated on the expansion they are going halfway through the parcel, and asked what assurances do they have that they’re not just going to keep on going without coming back for additional approvals?

Mr. Morales

stated there is a lot of gravel to process on the extra 10 acres, but for now he doesn’t want to bite more than he can chew.

Commissioner Lee

asked Mr. Morales if he has read, understands and agrees to the conditions of approval in the staff report.

Commissioner Bohannon

asked him to describe what he means by keeping the employees safe.

Mr. Morales

stated they need room to expand so they aren’t so crammed in, they have A9 loaders and they don’t want to be in a confined space and it is unsafe and they get inspections regularly and the safety of the employees is a priority, he doesn’t want to get shut down.

Commissioner Bohannon

asked what happens with the land when it floods.

Mr. Morales

stated he is the catch basin for when all the water comes down, they need more gravel pits to catch all the water to save all the houses below. When it rains it is very unfair, the prison catches the water and it directs to his pit and he catches 80 acres of water into the pit and it can get to 4 or 5 feet of water and sometimes can take a week before they can get back in and work. Page 22 of 24

Commissioner Bohannon

asked what other steps besides the expansion he will be taking to ensure the safety of the employees.

Mr. Morales

stated he will have a berm around the perimeter to mitigate the noise and visibility from the neighbors, the safety is to keep them safe in a certain area and have an office for them to be able to come in and cool off.

Commissioner Hayden

asked if there is anything they would be able to do with the dust.

Mr. Morales

stated they use water trucks every day, his water bill is around $3000 every month because of the amount of water they use. This is regulated by NDEP and Code Enforcement so they have to keep everything wet.

Mr. Waggoner

stated they are amping back up their dust control, fines will start being accessed if things aren’t maintained.

Commissioner Bohannon

asked if they are using reclaimed or potable water from Great Basin?

Mr. Morales

stated it is reclaimed, all the construction companies use it.

Commissioner Bohannon

stated he would like an RPC update to summarize the SD plan as it pertains to traffic and drainage, it seems to be important in the write up from a provision standpoint, we do have it in some of the areas to see it after 2 years, but it is something that would be valuable and useful in this case.

Commissioner Lee

stated they have already taken action on all the items and asked if he wanted to add that to the resolution.

Commissioner Bohannon

stated yes. Page 23 of 24