Kathy Bray, representative for RSVP, explained the services they provided to seniors in 2013.

Transcription

1 September 4, 2014 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Joe Mortensen, Vice-Chairman Ray Fierro, Commissioners Virgil Arellano, Vida Keller and Bob Hastings. Also present: County Manager Jeff Page, Chief Deputy District Attorney Steve Rye, Clerk/Treasurer Nikki Bryan and Deputy Clerk Donna MacGill. 1. Public participation Human Resources Director Christie Reeder commented on the Valley View Cemetery clean-up efforts on Saturday, 9/20/14, from 8:00 to 1:00 from community volunteers. Rotary Club will serve lunch afterwards. Kathy Bray, representative for RSVP, explained the services they provided to seniors in For Possible Action: Review and adoption of agenda Comm. Fierro moved to approve the agenda as presented. Comm. Hastings seconded and the motion passed Presentation of awards and/or recognition of accomplishments There were no awards or presentations. 4. Commissioners/County Manager comments Comm. Hastings reminded everyone about Dayton Valley Days to be held 9/20 and 9/21 on Pike Street in Dayton. Comm. Arellano said the Nevada State Legislature Committee on Public Lands held their meeting and rejected the report from the Nevada Public Land Management Task Force. Comm. Arellano and another representative from the county will be attending a meeting with BLM on 9/11 regarding the BLM Management Plan. He will also be attending a meeting in Ely on 9/13 for a meeting with the State Lands Use Planning Advisory Council. Jeff Page said the meeting needs to be over by 2:00 so the commissioners can attend a governor s meeting in Carson City. He thanked everyone for their support on the passing of his father, Arnie Page. He also commented on the passing of Bill Southard and all of his accomplishments with the fire department. He was the first and only Lyon County Fire Marshall. He also commented on the review process of the draft Title 15 Land Use and Development Code. 5. Elected Official s report There were no elected official s reports. 6. Appointed Officials comments There were no appointed official s comments. 7. Advisory Board reports Brad Johnston, Lyon County Game Board, commented on the numerous changes to the Mason Valley Wildlife Management area. They have eliminated the controlled goose hunt. He also announced that he is stepping down from the game board since Governor Sandoval has appointed him to the Nevada Wildlife Commission. **CONSENT AGENDA** 8. For Possible Action: Approval of changes on Assessor s tax roll due to corrections in assessments and review of tax roll changes Secured Property factual corrections totaled $7, September 4, 2014

2 9. For Possible Action: Review and possible approval of business license applications: a. Jones, Barbara A.; Dayton Counseling; 120 Hwy 50 S. Suite 102, Dayton, NV; Change Location b. Farr, Jeff M.; Farr Construction Corporation.; 525 Spice Island Dr. Unit F., Sparks, NV 89431; General Engineering and Paintings & Decorating Contractor c. Lybrook, Brett; Lybrook, Michele; Freedom Home Health, LLC; 150 N. Center St., #209, Reno, NV; In Home Assisted Living d. Sullivan, Derek; Sullivan, Maile; Quality Mobile Home Repair, LLC; S. Virginia St., Reno, NV; Construction, Service and Installation of Manufactured Homes e. Lopez, Heriberto D.; RL Hyde Carpet & Upholstery Cleaning; 2455 Casey Rd., Fallon, NV; Carpet and Upholstery Cleaning f. Cordova, Stephanie; Stephanie Cordova; 801 Overland Loop Suite 105, Dayton, NV; Cosmetologist at Justine s Family Salon g. Bourre, Leon; Toy Ranch; Hwy 50 East, Mound House, NV; Repair of Power Sports Vehicles 10. For Possible Action: Accept a Grant Deed from Harley Davidson Credit Corp for parcel in Gold Country Estates, 0 Stonefield Lane, Dayton Chief Deputy District Attorney Steve Rye explained that as a condition of the subdivision map, the county agreed to accept this parcel for drainage purposes; the transfer was never made. The county prepared a title report and since everything was clear, they prepared a deed to transfer the parcel to the county. Comm. Arellano moved to approve a Grant Deed from Harley Davidson Credit Corp for parcel in Gold Country Estates, 0 Stonefield Lane, Dayton. Comm. Keller seconded and the motion passed unanimously For Possible Action: A Resolution Accepting the Federal Aviation Administration Grant Offer for Airport Improvement Program Project No acceptance for the Silver Springs Airport in the Amount of $384, Comm. Arellano asked if the match was the same amount that was tentatively approved previously and asked if the state is going to fund the federal aviation trust fund. Comptroller Josh Foli explained it is the same match. He is not aware of any state funding. Kay Bennett explained the status of the Nevada Aviation Trust Fund. The Nevada Airports Association has requested that the governor include ongoing funding of the Aviation Trust Fund in the upcoming state budget. Comm. Fierro moved to approve a Resolution Accepting the Federal Aviation Administration Grant Offer for Airport Improvement Program Project No acceptance for the Silver Springs Airport in the Amount of $384, Comm. Keller seconded and the motion passed unanimously For Possible Action: Accept annual renewal of Federal Transit Administration (FTA) 5311 funding, through Nevada Department of Transportation (NDOT) for operational costs of the Lyon County Human Services senior transportation services, in the amount of $76, Comm. Arellano had questions regarding the amount. Comm. Arellano moved to accept annual renewal of Federal Transit Administration (FTA) 5311 funding, through Nevada Department of Transportation (NDOT) for operational costs of the Lyon County Human Services senior transportation services, in the amount of $76, Comm. Keller seconded and the motion passed unanimously For Possible Action: Acceptance of WIC Subgrant Amendment #3 in the amount of $696,516 for the three year period ending September 30, September 4, 2014

3 Comm. Arellano moved to accept the WIC Subgrant Amendment #3 in the amount of $696,516 for the three year period ending September 30, Comm. Keller seconded and the motion passed unanimously For Possible Action: Review and accept travel claims Travel claims totaled $ For Possible Action: Review and accept County claims and financial report County claims totaled $564, and Payroll totaled $814, Comm. Arellano requested that Items #10, #11, #12 and #13 be pulled from the consent agenda and acted on separately. Comm. Fierro moved to approve the consent agenda with Items #10, #11, #12 and #13 being pulled acted on separately. Comm. Hastings seconded and the motion passed unanimously 5 0. **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY County Manager Jeff Page noted that Sheriff Veil was not present. 16. Public participation There was no public participation. 17. For Possible Action: Review and possible approval of temporary liquor license application: a. Soroptimist International of the Comstock; Bingo Night; Dayton Senior Center; Temporary Liquor Permit for: September 06, 2014 Comm. Fierro moved to approve the temporary liquor license application for Soroptimist International of the Comstock; Bingo Night; Dayton Senior Center; Temporary Liquor Permit for: September 06, Comm. Keller seconded and the motion passed 5 0. Absent: Sheriff Veil 18. Public participation There was no public participation. ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING ON PLANNING ITEMS 19. ABE S KOSHER MEATS / HILLEL SHAMAM, LLC / SIRI O DAY AND MASTELOTTO - APPEAL (for possible action) Appeal of the decision made by the Planning Commission, at their July 8, 2014 meeting for denial of the Variance to the setback requirements for enclosed and non-enclosed facilities in conjunction with a smallscale meat processing facility, as stipulated in Lyon County Code (b)(1) for the M-1 General Industrial zoning district; located at 150 Highway 339, Yerington (APN ) PLZ Planning Commission Recommendations: The Lyon County Planning Commission unanimously voted to deny the request for a Variance to this applicant, after finding that a) There are not sufficient special conditions or circumstances peculiar to the property justifying the variance; b) The requested Variance will in effect nullify the objectives of Chapter b of the Lyon County Code; and c) The requested Variance will be 36 September 4, 2014

4 injurious to adjacent properties or detrimental to the health, safety, convenience and welfare of the public, and because there was no evidence of a hardship for this applicant. Rob Loveberg addressed the board and explained the planning commission voted to deny the request for a variance. Dan Siri, representing the applicants, said this property was formerly a USDA meat packing plant. He explained the plant originally began in The property has not been operating as a meat packing plant since There were new setbacks adopted in Rob Loveberg said setbacks adopted in 2012 were the same for all M-1 zoning. Garrett Gordon presented a power point hand out. Comm. Arellano and Comm. Hastings commented on the land use buffer for organic leafy greens. Comm. Fierro asked Rob Loveberg questions regarding the flood zone. Comm. Arellano moved to deny the request for a Special Use Permit to operate a small-scale meat processing facility; to include slaughtering, processing and packing for ABE S KOSHER MEATS / HILLEL SHAMAM, LLC / SIRI O DAY AND MASTELOTTO located at 150 Highway 339, Yerington (APN ) PLZ , with the findings that a) The proposed use will be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and is incompatible with and detrimental to the character and integrity of adjacent development and neighborhoods; b) The proposed use will be detrimental to the public health, safety, convenience and welfare; and c) The proposed use will result in material damage or prejudice to other property in the vicinity. Comm. Arellano withdrew his motion and changed the motion. In the matter of ABE S KOSHER MEATS / HILLEL SHAMAM, LLC / SIRI O DAY AND MASTELOTTO APPEAL, he moved to deny the request for a Variance to this applicant, after finding that a) There are not sufficient special conditions or circumstances peculiar to the property justifying the variance; b) The requested Variance will in effect nullify the objectives of Chapter b of the Lyon County Code; and c) The requested Variance will be injurious to adjacent properties or detrimental to the health, safety, convenience and welfare of the public, and because there was no evidence of a hardship for this applicant. Comm. Mortensen seconded and the motion passed unanimously 5-0. Brad Johnston of Peri & Sons explained the safety guidelines for growing organic leafy greens. He explained that having a packing plant in the area is not compatible for growing the organic crops. He also said it was communicated to the applicant about other properties that were available that would be suited for a packing plant. He stressed that putting waste water ponds adjacent to an irrigation source for farmers is a risk that should not be taken. Mr. Johnston urged the commissioners to deny the appeal. Don Alt explained some of the economic benefits for the ranchers to having a packing plant in the area. Michael Florio read his letter into the record. He is opposed to approving the variance. Tom Cartwright commented on historic use of facility. He said the processing plant would create new jobs. He is in favor of the commissioners approving the variance. Jim Dunlap urged the commissioners to approve the variance. Ernest Page said the quality of life would decrease if the variance is approved. Rachel Thomas said the property has been used for other businesses in the past. She described a small scale and mid-sized facility as defined by USDA. She also commented on possible contamination of the river. Comm. Keller said her decision would be based on current code. 37 September 4, 2014

5 20. ABE S KOSHER MEATS / HILLEL SHAMAM, LLC / SIRI O DAY AND MASTELOTTO SPECIAL USE PERMIT (for possible action) continued from the April 8, 2014 Planning Commission meeting Request for a special use permit to operate a small-scale meat processing facility; located at 150 Highway 339, Yerington (APN ) PLZ Planning Commission Recommendations: The Lyon County Planning Commission voted unanimously to recommend denial of the request for a Special Use Permit for this applicant based on the Variance being denied and finding that a) The proposed use will be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and is incompatible with and detrimental to the character and integrity of adjacent development and neighborhoods; b) The proposed use will be detrimental to the public health, safety, convenience and welfare; and c) The proposed use will result in material damage or prejudice to other property in the vicinity. Comm. Arellano moved to deny the Request for a special use permit to operate a small-scale meat processing facility; located at 150 Highway 339, Yerington (APN ) PLZ for ABE S KOSHER MEATS / HILLEL SHAMAM, LLC / SIRI O DAY AND MASTELOTTO this applicant based on the Variance being denied and finding that a) The proposed use will be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and is incompatible with and detrimental to the character and integrity of adjacent development and neighborhoods; b) The proposed use will be detrimental to the public health, safety, convenience and welfare; and c) The proposed use will result in material damage or prejudice to other property in the vicinity. Comm. Mortensen seconded and the motion passed unanimously 5 0. Tom Cartwright felt the commissioners were denying the private property owner the use of their private property. 21. GOLDEN SIERRA INVESTMENTS, LLC SPECIAL USE PERMIT MODIFICATION (for possible action) Request to modify an existing Special Use Permit for an existing sand, gravel, concrete and asphalt batch plant, and a rock crushing plant including gold & silver recovery through the washing of the gravels, all under new ownership; located at 75 Old Como Road, Dayton (APN s , 25, 26 and through 35) PLZ Planning Commission Recommendations: Based on the recommended findings, the Planning Commission unanimously recommended approval of the request for a Special Use Permit Modification for Golden Sierra Investments, LLC, subject to 14 approval conditions. Rob Loveberg explained this is a special use permit modification due to a change of ownership. The planning commission recommended approval. Comm. Hastings said the Dayton Advisory Board also recommended approval. Comm. Fierro moved to approve the Special Use Permit Modification for Golden Sierra Investments, LLC with the following findings: A. Is a continuation of a previously approved and operating use through Lyon County s special use permit process; B. Is consistent with the general purpose and intent of the applicable zoning district regulations; C. Will not cause an adverse, visual impact to the surrounding area D. Will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and is compatible with and preserves the character and integrity of adjacent development; and includes practices that mitigate development related to adverse impacts such as noise, vibrations, fumes, odors, dust, glare or physical activity; E. Will not be detrimental to the public health, safety, convenience and welfare; and F. Will not result in material damage or prejudice to other property in the vicinity. and the following conditions: 38 September 4, 2014

6 1. Compliance with the following conditions of the previous special use permit(s): i. compliance with all County, State and Federal requirements ii. annual review 2. This special use permit applies to the uses and intensities of those uses set forth in the special use permit application dated June 25, 2014 and accompanying supporting materials, incorporated herein, and as amended by the requirements and stipulations of the special use permit approval conditions: sand, gravel, asphalt, concrete batch plant; rock crushing plant; and a gold and silver recovery plant, total allowable area acres. 3. All mining operations shall comply with the requirements of the State of Nevada and federal agencies with jurisdiction. 4. Restoration of the mined and disturbed areas shall be accomplished within the requirements of the State of Nevada and federal agencies with jurisdiction. 5. The applicant shall comply with all applicable fire, building, zoning and improvement code requirements. 6. If outdoor lighting is provided, it shall comply with the outdoor lighting requirements of Chapter of the Lyon County Code. 7. The applicant shall comply with Lyon County s 1996 (revised) drainage guidelines. The property owner shall be responsible for maintenance of all roads, walks and drainage facilities within the development, as well as the storm water detention facilities, if applicable, whether it is onsite or offsite. Lyon County shall have no financial responsibility for maintenance of these facilities. 8. The applicant shall maintain a Lyon County business license for the use while occupying the premises. 9. The Community Development Department may require the applicant to make improvements to mitigate noise or other adverse impacts identified after the issuance of the special Use Permit. The applicant shall obtain Community Development Department approval of any such improvements prior to the issuance of any building permits, if necessary, and/or construction. 10. All of the requirements placed on the special use permit by the County Building Official, Central Lyon County Fire Protection District, Community Development Director, and other agencies with jurisdiction shall be met prior to the applicant commencing use of the site. 11. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections. 12. Any modification, expansion, intensification or material change in use or operation shall require an application for and public hearings on a modification of the special use permit pursuant to Lyon County Code. 13. The substantial failure to comply with any conditions imposed on the issuance of a special use permit or the operation of a special use in a manner that endangers the health, safety or welfare of Lyon County or its residents or the violation of ordinances, regulations or laws in the special use or the non-use of the permit for a year may result in the institution of revocation proceedings. 14. Annual review - The special use permit is subject to annual review by Lyon County. Comm. Keller seconded and the motion passed unanimously PONY EXPRESS COMMERCIAL CENTER / IBI PROPERTIES, LLC DEVELOPMENT AGREEMENT (for possible action) Request for a Development Agreement to permit an extension of time within which to file a final map, for the Pony Express Commercial Center Subdivision; located off of River Road, Dayton, NV (APN ) PLZ Planning Commission Recommendations: Based on the recommended findings, the Planning Commission unanimously recommended approval of the Development Agreement for the Pony Express Commercial Center, including amendments to the agreement made by staff and the Planning Commission, and subject to two (2) approval conditions. 39 September 4, 2014

7 Rob Loveberg explained that the planning commission recommended approval. Comm. Fierro moved to approve extension of time request for Pony Express Commercial Center/ IBI Properties, LLC with modifications as follows: 1. The language of paragraph 2 of the development agreement shall be revised to remove language that would prohibit the County from imposing any changes in design or other policies, rules or regulations that differ from the Tentative Map. 2. The development agreement shall be revised as required by the Lyon County District Attorney s Office and Community Development Director. Comm. Hastings seconded and the motion passed unanimously 5 0. **END OF PLANNING APPLICATIONS ** REGULAR AGENDA 23. For Possible Action: Propose an ordinance adopting the Pony Express Commercial Center Development Agreement to extend the tentative subdivision map and date by which the next final map must be recorded; and other matters properly related thereto Comm. Fierro proposed the ordinance. 24. For Possible Action: Request from Nevada Commission for the Reconstruction of the V&T Railway for funding Jeff Page explained that Lyon County has never funded the V & T Railway. Storey County and Carson City are the only counties that receive any benefit from V & T. Comm. Arellano moved to deny the request from Nevada Commission for the Reconstruction of the V&T Railway for funding. Comm. Hastings seconded and the motion passed unanimously For Possible Action: Silver Springs Airport Approval of Quit Claim Deeds on Parcels Numbers and , Southern Boundary of Silver Springs Airport Parcel # Comm. Fierro moved to approve the Quit Claim Deeds on Parcels Numbers and Comm. Keller seconded and the motion passed unanimously For Possible Action: Acceptance of Bids on Silver Springs Airport Taxilane Construction Project FAA ACIP Project No Bids will be opened on September 3, 2014 Kay Bennett explained there was a challenge to the bid process and asked for a continuance. Rob Loveberg agrees with the continuation. Comm. Fierro moved to continue this item at the applicants request to the next regularly scheduled commissioners meeting. Comm. Hastings seconded the motion. After further discussion, Comm. Fierro modified the motion by removing the time constraints. Comm. Hasting said the second still stands. The motion passed unanimously 5 0. Scott Hyatt of AK Earthmovers explained reasons for the protest. He said the apparent low bidder has a limited license that does not include airports or paving work. He said the bid would be null and void per NRS For Possible Action: Approve Silver Springs Airport, LLC - Master Lease Addendum, to include additional property 40 September 4, 2014

8 Kay Bennett said the addendum would include the additional.31 acres of property included in the quit claim deed previously approved. This would allow the airport to move forward with Comm. Fierro moved to approve the Silver Springs Airport, LLC - Master Lease Addendum to include the property in the quit claim deeds previously approved. Comm. Keller seconded and the motion passed unanimously Commissioner Comments Comm. Arellano apologized for the confusion in items #19 and # For Possible Action: Approve Minutes of August 7, 12 and 21, 2014 Comm. Fierro moved to approve the minutes of August 7, August 12, and August 21, 2014 as presented. Comm. Hastings seconded and the motion passed unanimously Public participation There was no public participation. 31. Closed Session for labor negotiations as allowed under NRS For Possible Action: Closed Session, pursuant to NRS (3)(b)(2), to receive information from the District Attorney regarding potential or existing litigation involving a matter over which the Board has supervision, control, jurisdiction or advisory power, and to deliberate toward a decision on the matter 11:00 A.M. Time Specific - For Possible Action: Approve, deny and/or revise the following components of the draft Title 15 Land Use and Development Code: General Provisions Classification of Development Permits Application Process and Official Filing Date Decisions by the Director Review by Citizen Advisory Board Review and Decision by the Planning Commission Review and Decision by the Board of County Commissioners Conditional Approval Notice Provisions Public Hearing Procedures Tom Cartwright asked for four (4) minutes instead of three (3) minutes for public comment Post Decision Proceedings There was discussion regarding whether a rehearing is appropriate after a decision has been made or if it should be considered a new application. Comm. Hastings moved to approve with the removal of seconded the motion for discussion. Comm. Arellano Comm. Hastings amended his motion to eliminate Chapter 15.11, Post Decision Proceedings. Comm. Arellano seconded and the motion passed unanimously 5 0. Tom Cartwright and Charlie Harris had comments Post Decision Proceedings Chief Deputy District Attorney Steve Rye recommended changes to From the District Attorney s office prospective, the preference would be to strike within 25 days. The 25 days is provided in the statute. Mr. Rye is reluctant to include language from a statute, because if the statute changes, the ordinance does not automatically change. If you are going to follow an NRS, 41 September 4, 2014

9 do not quote the NRS, just state the NRS, would be the preference from the District Attorney s office. The commissioners suggested changing line 22 from 25% to 15 %. Rob Loveberg said there needs to be flexibility with staff to be viewed as more project friendly. There was discussion regarding parking issues and driveway orientations. County Manager Jeff Page pointed out that the Community Development Director would only be able to follow what is in the county standards as established by the Board of County Commissioners. Comm. Fierro moved to approve Chapter with the change in , as stated by the Chief Deputy District Attorney, striking within 25 days all the way up to hearing body, and adding after NRS or applicable law, in changing the 25% to 15% in section 1, in section 2 adding 10% of the number of parking spaces. Comm. Arellano seconded. There was additional discussion. Rob Loveberg referred to Chapter concerning general parking provisions. Comm. Fierro moved to amend the motion to removing the part concerning the 10% on the number of parking spaces but leave in the Chief Deputy District Attorney s comment and changing the 25% to 15%. Comm. Arellano said his second stands and the motion passed unanimously Expiration of Approval and Development Permit Comm. Arellano had questions concerning with the word inaugurate in regard to building codes. Comm. Fierro moved to accept Chapter as presented, except changing the word inaugurate in to commence. Comm. Arellano seconded and the motion passed unanimously Revocation of Permit Rob Loveberg explained the revocation process. The director would not have the authority to revoke. Comm. Keller feels that should read the hearing body May not Shall revoke. Rob Loveberg said that will be reworded. Comm. Hastings had concerns regarding the one year requirement in Comm. Fierro moved to approve Chapter changing the word Shall to May in , will be taken out for planning staff to reword and bring back before the Board of Commissioners; the motion includes.01,.02,.03,.05 and.06 with the noted change in Comm. Arellano seconded and the motion passed unanimously 5 0. County Manager Comment: County Manager Jeff Page said he will be out of the area beginning 9/11/ Enforcement Board of Adjustment Fees and Tax Obligations Impact Fees Development Fees Density Bonus Agreements 42 September 4, 2014

10 Reimbursement Agreements Transfer Development Rights 33. Adjourn The meeting was adjourned. LYON COUNTY BOARD OF COMMISSIONERS ATTEST JOE MORTENSEN, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 43 September 4, 2014