Planning commissioners reject minutes in casino hearing

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Planning commissioners rejected their own minutes from a previous meeting by a 4-3 vote Tuesday, charging they did not accurately reflect the planning commission's findings with respect to the proposed Jethro Bodine's Beverly Hillbillies Mansion & Casino project.

That information, clearly marked as a draft, was forwarded to the Douglas County Board of Commissioners before they approved the project, minus a proposed 200-foot oil derrick, by a 3-2 vote earlier this month.

"The draft minutes did not contain our complete findings for those agenda items. As a result, the Board of Commissioners did not have the benefit of our discussions," said Planning Commissioner Margaret Pross. "How can they make informed decisions without this vital information?"

In their advisory role, the planning commission gathers information and offers opinions concerning everything from variances for reduced parking spaces to complex project approvals. The information is forwarded to the commissioners, who make the decision based on that information and other research.

In a letter to planning commissioners, Pross said she specifically requested all discussions concerning the project be included in the minutes and she was assured by Clerk Dianna Hennessey that would be the case.

Hennessey is the daughter of Douglas County Commissioner Kelly Kite.

"The minutes provided to the board of commissioners did not meet the intent of my motion, nor the intent of the planning commission," Pross said.

Douglas County Commissioner Jim Baushke said he relies on the staff report and notes any special conditions from the planning commission. He didn't know what, if anything was missing, but he doesn't think a more complete set would have made a difference.

"We considered the Max Baer project from 6:45 p.m. to 1 a.m.," he said. "We had to act on the evidence that was there so we did that. It wasn't something we took lightly."

Pross said she attended the board of commissioners meeting and she felt the information in the packet provided by staff was also woefully incomplete.

County Commissioner David Brady said it's important to understand the rationale behind planning commission decisions.

"When a commissioner says he saw no supporting documentation from the planning commission, that leaves a gap," Brady said. "It needs to be clear, that we are trying to create an environment of full disclosure, transparency and understanding.

"We will have a second reading (on the casino issue) and I fully expect to be working from approved planning commission minutes. The meeting isn't scheduled until Oct. 11," Brady said.

The minutes are completed by the County Clerk's office and Douglas County Clerk Barbara Griffin said she takes her direction from the county commissioners. They recently made it clear that they prefer a summary to more detailed minutes.

"We have met the statutory requirements. You (the planning commission) may approve or deny those minutes, but the ultimate decision is made by the board of county commissioners, who have asked for this direction.

"If you are unhappy with the minutes, you can contact the county manager and request another employee to clerk your minutes," Griffin said. "The meetings are longer, the minutes lengthy and I will not do them verbatim. I don't have the time or the staff."

Planning Commission Chairman Bob Conner said the minutes were accurate as required by Nevada law and commissioners or the public can request a transcript of the meeting should they want a more complete report.

"Saying people can watch a video or look this up is a time-consuming process no one will do," said Planning Commissioner Lawrence Howell. "If these minutes aren't accurate, we won't approve them."

The minutes did not include the following information with respect to the Beverly Hillbillies project, Pross said in a letter to Doug Johnson, chairman of the board of commissioners.

-- Casino project applicants have requested significant increases in signage, including a 200-foot oil derrick. Using the proper fill and grading to bring their signs to the proper base elevation in relation to Highway 395 would negate the need for a sign height that exceeds Douglas County ordinances, Pross contends.

-- The height of a building should be measured from the natural grade, but such was not the case when considering the Beverly Hillbillies project, Pross said.

"Major variance for the casino building height should be for an increase to 165 feet, not 143 feet from the permitted 45-foot height."

-- The financial burden it will bring to the county in increased services has not been adequately addressed.

When the west side of Highway 395 was developed, the shopping center required two more deputies be added to the county's payroll, an estimated cost of $80,000 per year.

"The addition of a casino to the area east of Highway 395 will require at least three more deputies, $240,000 per year plus patrol cars, etc. Increases of personnel and equipment for the fire department as well as other county services should also be evaluated," Pross said.

"How can the Board of Commissioners make informed decisions without this vital information," she said. "This is about the process, not the project and the bottom line is, the process isn't working. The Board of Commissioners have not received the information they needed."

Planning commissioners Rick Ross, Howell, Jim Madsen and Pross voted to reject the minutes as written and commissioners Matt McKinney, Mike Olson and Conner supported them.

-- Susie Vasquez can be reached at svasquez@recordcourier.com or 782-5121, ext. 211.