MINUTES OF THE BOARD OF CHURCHILL COUNTY COMMISSIONERS City Council Chambers, 55 West Williams Avenue, Fallon, NV Fallon, Nevada June 7, 2012 CALL TO ORDER The regular meeting of the Churchill County Board of Commissioners was called to order at 8:15 a.m. on the above date by Chairman Frey. PRESENT: Norm Frey, Chairman Carl Erquiaga, Commissioner Pete Olsen, Commissioner Craig Mingay, Deputy District Attorney Bjorn Selinder, Interim County Manager Alan Kalt, Comptroller Kelly G. Helton, Clerk of the Board Pamela D. Moore, Deputy Clerk ofthe Board ABSENT: None PLEDGE OF ALLEGIANCE The Pledge of Allegiance was recited by the board and public. VERIFICATION OF POSTING OF AGENDA It was verified by Deputy Clerk Moore that the Agenda for this meeting was posted in accordance with NRS 241. ACTION ITEMS AGENDA Commissioner Erquiaga made a motion to approve the Agenda as submitted. Commissioner Olsen seconded the motion, which carried by unanimous vote. MINUTES Commissioner Olsen made a motion to approve the Minutes of the regular meeting held on February 15, 2012 as submitted. Commissioner Erquiaga seconded the motion, which carried by unanimous vote. PUBLIC COMMENTS Chairman Frey inquired ifthere were any public comments on issues that were not listed on the agenda. Don Mello said Bango Oil has not gotten any better with regard to the odor. The residents who live on the Carson Highway are very concerned that the county has either forgotten about them or has not listened to their concerns. The Bango Oil odor has gotten worse. To date, there have been about 3,000 reports of the noxious odor reported to the Planning Department from the Carson Highway and the Reno Highway. The residents are concerned about the long-term health issues, even though the Nevada Department of Environmental Protection (NDEP) and the county have said there are no health concerns out there. Years ago, the government said that about asbestos, cigarette smoking, silicone injections, and the atomic blast with radiation fallout. The latest was the DDT that you can't use anymore. He really thinks that the county is gambling with their lives out there. He knows the board does not think so but he believes that is what is going on. Since 2007, when Bango became operational, he has reported the oil slick that you could actually see on the Carson River, which is the river that supplies 99% of the water to our valley, other than the Swingle Bench area and some of the area Minutes of the Churchill County Commissioners' Meeting June 7, 2012 Page 1 near Lahontan Dam. Also, he reported that there were oil films on the willows and you could actually walk down and smell and feel the oil on the willows along the river. He reported that to NDEP, the county, and to anybody that would listen. Not a single person ever showed up to even look at it- not one person. That really concerns him. Not one person even thought it was important enough to even come out to look. Some of his real concerns right now include the potential contamination to the farming community because, if the water is contaminated with the oil, what happens downstream? All three board members are farmers and they should be just as concerned or more concerned because that is their livelihood. As he said, nobody thinks anything about this fact. What would happen with the dry milk factory if the Churchill County valley does get contaminated and condemned or whatever else happens? It has been over five years of living with this noxious odor and it hasn't gotten any better. They have been promised that Bango Oil is going to fix things and have been asked to wait, to wait, to wait but it is worse now than it ever has been. The odor is just as bad. No one knows, including the board, what is going to happen with Bango Oil when they go to 62,000 gallons per day. Right now they are at 22,000 gallons per day. If you want to believe Glen Miller, the Professor at the University of Nevada Reno, he says that, as production increases, the area of contaminated odor will increase, as well. Over the past five years, the residents have been living with burning eyes, bloody noses, respiratory problems, headaches, nausea, and they are tired of this issue. He knows the board is not going to do anything but he is going to keep coming and keep talking about this issue until something happens. Chairman Frey thanked him and stated that he has made some ofthose 3,000 calls. He has called in himself when he smelled the odor. The board cannot take any action on this today. He thinks the county has gone as far as the law will allow us to go. Beyond that, it becomes a litigation issue. He asked if there were any further public comments on items not on the Agenda today but there were none. APPOINTMENTS THE BOARD MAY REQUIRE THE PROVISION OF AN OATH OR AFFIRMATION BY ANY PERSON PROVIDING ORAL TESTIMONY AT A PUBLIC HEARING. 8:15 a.m. Public Hearing - Consideration and possible action re: Zone change application from RMS Development LLC, Agent for Geothermal Resources Industrial Park LLC, to change from RR-20 Rural Resource District to I-Industrial on a parcel located northwest of Hazen, APN: 009-251-11, consisting of approximately 640 acres of non-water righted acres, Eleanor Lockwood, Planning Director. Planning Director Lockwood reported that a copy of the application and a copy of the Planning Commission Minutes were attached to the Agenda Report. Section 16. 08. 080 ofthe Churchill County Code states: I. Before a zoning map amendment may be recommended for approval, the applicant shall provide evidence to the commission and board concerning the physical use ofland and zoning currently existing in the general vicinity, and which have occurred in the previous jive (5) year time period, and describe: a. How growth and/or other development factors in the community support a change in the land use. b. The change in land use represents orderly development and that adequate services and infrastructure to support the proposed land use are available in the area. c. The change in zoning provides for an appropriate use ofthe land. Minutes of the Churchill County Commissioners' Meeting June 7, 2012 Page 2 d. The proposed zoning is in substantial conformance with the master plan and other adopted plans and policies. e. The proposed zoning and project is sensitive to and compatible with the use and development ofthe adjacent properties. 2. The commission, in forwarding a recommendation to the board for approval of a zoning map amendment or consolidated development code amendment shall make the following findings offact: a. That the proposed amendment is in substantial compliance with and supports the goals and policies ofthe master plan; b. That the proposed amendment will provide for land uses compatible with existing adjacent land uses and will not have detrimental impacts to other properties in the vicinity; c. That the proposed amendment will not negatively impact existing or planned public services or facilities and will not adversely impact the public health, safety and welfare. The Planning Commission held a public hearing on the proposed zone change application at its regular meeting May 9, 2012. As noted in the Minutes, the primary concern raised by the public was impact of traffic from heavy industrial uses, particularly safety issues on the Reno Highway. The Planning Commission responded that traffic issues will be addressed as necessary when development occurs in the area. The Planning Commission determined that the application and testimony provided by the applicant supported the findings of fact and unanimously recommended approval of the zone change from RR-20 to !-Industrial for APN 009-251-11. Mr. Rob Skinner, who represents RMS Development, is here if the board has any questions. Chairman Frey asked if there was any public comment but there was none. He said that he hopes our Special Use Permit process is strong enough because one of our first uses of it was the Bango Oil facility and he always questions whether it is strong enough to get people to do what we need them to do. He noticed there was a lengthy board action but it seemed that, perhaps, only the last sentence is all that is needed. He asked for a determination by counsel. Civil Deputy District Attorney Mingay said that is acceptable as long as the board acknowledges that they can make those findings. Commissioner Erquiaga made a motion to approve the zone change from RR-20 to !-Industrial for Assessor's Parcel Number 009-251-11. Commissioner Olsen seconded the motion, which carried by unanimous vote. 8:20a.m. Consideration and possible action re: Bureau of Land Management's proposed supplemental rules to protect the area's natural and cultural resources and provide for the public health and safety on public lands, Mike Maquart, Bureau o(Land Management. Mike Maquart, Chief State Ranger for the Nevada Law Enforcement Program with BLM, introduced himself and Scott Fisher, District Law Enforcement Officer for the Carson City District. Mr. Marquart reported that BLM's proposed supplemental rules are designed to protect the area's natural and cultural resources and to provide for public health and safety on public lands. The authority for such rules is from the Constitution. Congressional action was taken with the Federal Land Policy and Management Act of 1976, which granted authority to the Secretary of the Interior to promulgate rules and regulations for governing lands.