Joyce Simmons-Ellinger requested that Item #9f be removed from consent agenda.

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1 June 19, 2014 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Vice-chair Ray Fierro, Commissioners Virgil Arellano, Vida Keller and Bob Hastings. Also present: County Manager Jeff Page, Chief Deputy District Attorney Steve Rye and Deputy Clerk Donna MacGill. Absent: Chairman Joe Mortensen 1. Public participation Charlie Harris requested that Item #14 be tabled until the next meeting Joyce Simmons-Ellinger requested that Item #9f be removed from consent agenda. Jackie Picciani of Silver Springs also requested that Item #9f be removed from the consent agenda. She feels there are some issues that need to be addressed. Terry Scheetz of Mound House commented on the poor response time for a fire in Mound House. He also complained about the lack of law enforcement in the area. Don Alt of Silver Springs requested that Item #14 be postponed until the next meeting. He also would like a copy of the current water and sewer rates for comparison to the proposed rates. 2. For Possible Action: Review and adoption of agenda Comm. Keller moved to adopt the agenda as presented. Comm. Hastings seconded and the motion passed 3. Awards and Presentations County Manager Jeff Page said the Building Department will be holding an open house retirement party for Nick Malarchik on June 30, Commissioners/County Manager comments Comm. Hastings commented on the meeting at Sutro Elementary when NDOT addressed the concern on Highway 50. Comm. Fierro commented on the CAMPO meeting he attended. 5. Elected Official s report There were no elected official reports. 6. Appointed Officials comments Public Works Director Mike Workman commented on the chip seal project that should be finished next week. Mike Workman also commented on Central Lyon County parks. He would like to set up a tour with the commissioners to look at the parks and some of the open space that public works is responsible for maintaining. Public works is working with current land owners to get access to an old ag well so they can get some water for some of the open space in the area. He also commented on the Oodles of Noodles event that will be going on in Dayton. He also commented on water rights, possible GPS work at the cemeteries and grading schedules on county roads. Terry Scheetz commented on the Mound House project and Red Rock Road. Comptroller Josh Foli introduced the new Human Resource Director Christie Reeder and commented on the other new positions that will start July 1 st. Library Director Amy Geddes commented on the volunteer from Comstock Youth who will be working at the Fernley Library 20 hours per week at no charge. 202 June 19, 2014

2 9:15 A.M. Time Specific For Possible Action: Acceptance of the Fiscal Year 2015 Work Program as presented by Nevada Department of Transportation Jason Van Havel from NDOT introduced several other NDOT employees. He commented on funding at the national and state levels. He discussed performance measures and safety issues. He apprised the board on the project initiation form available on the web and encouraged public input. He also gave an update on changes in the NRS. Comm. Fierro and Comm. Keller had concerns with the 14 mile stretch of highway between Silver Springs and Fernley. Public Works Director Mike Workman said that Dustin Homan has been working with NDOT staff to resolve some issues. Jason Van Havel said that NDOT is working on safety issues in the Highway 50 corridor and Fortune Dr. Comm. Hastings commented on previous safety studies that have been done concerning the Highway 50 corridor. Mike Fuess of NDOT addressed the warrants necessary to install a traffic signal. Comm. Hastings asked why money is being spent on landscaping projects instead of addressing safety concerns. Jason Van Havel asked that fiscal year 2015 NDOT Work Program be approved. Comm. Arellano had questions concerning prior requests from Lyon County. Comm. Arellano moved to approve Fiscal Year Work Program for Nevada Department of Transportation as presented, with the stipulation and understanding that NDOT will contact the County Manager as to the street light on the corner of Sage and Hwy. 95A in Fernley. Comm. Keller seconded and the motion passed. 9:30 A.M. Time Specific For Possible Action: POOL Renewal Proposal Presentation by Mr. Wayne Carlson Executive Director of the Nevada Public Agency Insurance Pool Wayne Carlson presented the POOL renewal and changes. He pointed out that Lyon County claims were down from the previous year. Comm. Arellano moved to accept the renewal proposal from Nevada Public Agency Insurance Pool. Comm. Keller seconded and the motion passed 10:00 A.M. Public Hearing For Possible Action: Accept the 2014 Rate Study that was conducted by Farr West Engineering and approve the proposed rate increases as presented beginning September 1, 2014 with the Source Water Protection component being contingent upon Board approval of the proposed Lyon County Code Title 9, Chapter 3 amendments to be heard on July 3, 2014 Public Works Director Mike Workman presented. Mike Workman explained that all of the notification process has been completed. Matt Van Dyne from Farr West Engineering assisted in the rate study. Matt Van Dyne had a power point presentation explaining the proposed increases. He pointed out that the last time rates were increased was The goal is to keep the rate increases nominal. He explained the septic conversion project. He said nitrate levels in the ground water are increasing due to density of septic tanks. He also discussed a fee for source water protection. Matt also presented water and sewer rate comparisons for surrounding areas. There were questions and comments from the board of commissioners. 203 June 19, 2014

3 Comptroller Josh Foli explained that once a sewer system is in place, residents would be required to connect to the system. Mark Cox of Dayton had questions regarding the abandonment of the septic tanks. Leonard Lake of Dayton commented on the water and sewer odors. Jackie Picciani of Silver Springs reminded the commissioners about the septic system conversion project in Silver Springs several years ago. Terry Scheetz commented on water quality in Mound House and was wondering where their water came from. Mike Workman said the bulk of the water in the Mound House area comes from Dayton or Carson City. Comm. Arellano moved to accept the 2014 Rate Study that was conducted by Farr West Engineering and approve the proposed rate increases as presented beginning September 1, 2014 with the Source Water Protection component being contingent upon Board approval of the proposed Lyon County Code Title 9, Chapter 3 amendments to be heard on July 3, 2014, with the inclusion, that any potential deferments on the rate increases be agendized at a later date so the citizens can have the opportunity to address those issue. Comm. Keller seconded and the motion passed 10:30 A.M. Time Specific For Possible Action: Accept and approve the Community Source Water Protection Plan for Public Water Systems after a presentation by NDEP and their consultants RCI of Carson City Mike Workman said that public works has been working on this project for about a year and a half. Kim Borgzinner from NDEP complimented Lyon County staff for their cooperation while working with them. Jill Southerland showed a power point presentation concerning the water protection plan. They have been working with communities on developing strategies. She also said they are working on implementing a plan for the proper disposal of hazardous products. Comm. Arellano moved to approve the Community Source Water Protection Plan for Public Water Systems. Comm. Keller seconded and the motion passed 4 0. Absent: Comm. Mortensen 7. Advisory Board reports Audrey Allan, vice-chairman of the Dayton Citizens Advisory Board, welcomed everyone and thanked them for attending today s meeting. She also said she went on a park tour with Mike Workman and Penny Slattery. **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 Unsecured Property factual corrections totaled $51.94 and Secured Property factual corrections totaled $1, June 19, 2014

4 9. For Possible Action: Review and possible approval of business license applications: a. Boer, Sharysse; Dominate Designs, Inc.; 150 S. Rainbow Dr., Dayton, NV; Custom Business Design Services b. Estrada, Irma M.; Estrada, Ricardo; Express Systems; 329 Stillwater Dr., Dayton, NV; Sales & Service of Commercial Laundry Equipment c. Irvin, Michael A.; Greystone Unlimited; 2410 E. Badger, Silver Springs, NV; Change Location. Mobile T-Shirt & Novelty Sales d. Smith, Rollin P.; Houston Smith Construction, Inc.; 4010 Drake Way, Carson City, NV; General Contractor e. Olivas, Roque L.; Olivas, Denlee M.; I.T. Heating & Air; Roper Ct., Reno, NV; Install & Service HVAC Equipment f. Hesselgesser, John W.; JWH Tire Service; 3885 Deodar St., Silver Springs, NV; Mobile Tire Sales & Repair Joyce Simmons-Ellinger requested that the visible inventory and accumulation of tires be removed. Jackie Picciani of Silver Springs commented on the tire business at 3885 Deodar Street. She was concerned with old tires harboring public hazards such as West Nile virus. Clerk Deputy Donna MacGill explained that Shawn Keating from the Building Department inspected the property and that Mr. Hesselgesser was following county code. Chief Deputy District Attorney Steve Rye said if the board finds that Mr. Hesselgesser is following county code, there is not a lot of discretion to deny the business license. Joyce Simmons-Ellinger feels continuation may be best. John Hesselgesser said his business is strictly a mobile business. He explained that any junk tires are for his greenhouse garden. Steve Rye said he is not allowed to store tires related to his business. Joyce Simmons-Ellinger would like to request some conditions be put on the business license. Comm. Keller moved to approve consent agenda Item #9f for Hesselgesser, John W.; JWH Tire Service; 3885 Deodar St., Silver Springs, NV; Mobile Tire Sales & Repair. Comm. Arellano seconded and the motion passed g. Mourouzis, Theodore M.; Pac-Van Inc.; 9155 Harrison Park Ct., Indianapolis, IN; Lease, Sale & Installation of Mobile Office/Modular Buildings h. Denny, Cindy L.; Denny, Norm A.; Pinnacle Construction Consultants; P.C.C.I.; 2183 Quail Valley Ln., Minden, NV; Residential & Commercial Construction 10. For Possible Action: Approve a two year lease amendment for the Occidental Square office in Dayton for $4,000 per month the first year, and a three percent (3%) increase the second year (requested by Comptroller) 11. For Possible Action: Approve contract with George Benesch for expert legal representation and advice in water rights services at a rate of $170 per hour (requested by Comptroller) 12. For Possible Action: Approve promotion of employee 5839 from Appraiser II to Appraiser lii effective May 9, 2014 (requested by Assessor) 13. For Possible Action: To approve the addition/agreement of a Comstock Youth Works at the Fernley Branch Library 205 June 19, 2014

5 14. For Possible Action - Approve the fee resolution for all Lyon County Departments for 2014/2015 (requested by Comptroller) Comptroller Josh Foli explained there were six additional items added to the fee resolution. He said the District Attorney explained the agenda was posted in a timely manner and supporting documentation can be presented at the meeting so there is no violation to the open meeting law. Charlie Harris of Dayton asked if the fee changes had any association to Title 15. County Manager Jeff Page explained that some fees are established by statute. He said the community development fees have not been changed in a number of years. He also mentioned comparisons on fees with surrounding counties. Comm. Arellano moved to approve the fee resolution for all Lyon County Departments for 2014/2015 with the additions as follows: Under Animal Services: the livestock impound fee has changed to $100 or actual costs; and the transport fee has changed to $50 plus mileage or actual costs. Under the GIS Department: the addition of a pdf file for maps of $15. Under Utilities: water pressure test changed to $70, bac-t test changed to $90; working hours service call changed to $25 per ½ hour. Comm. Keller seconded and the motion passed For Possible Action - Adopt a resolution authorizing the transfer of funds for FY from various line items, including Contingency, within the General Fund as authorized by NRS (requested by Comptroller) 16. For Possible Action: Acceptance of Notice of Grant Award (NGA) from Aging and Disability Services Division (ADSD) for Nutrition Services Incentive Program (NSIP), Grant NX-14; $33,708 (requested by Human Services Director) 17. For Possible Action: Acceptance of Notice of Grant Award (NGA) from Aging and Disability Services Division (ADSD) for Grant # EX-15, Aging and Disability Resource Center (ADRC) in the amount of $53,662 (requested by Human Services Director) 18. For Possible Action: Accept a grant award in the amount of $45,000 from the Nevada Commission for Cultural Affairs, for the Dayton Carson & Colorado Depot Restoration Project (requested by Historical Society of Dayton Valley) 19. For Possible Action: Appoint Ms. Carolyn Day to the Smith Valley Park & Recreation Board, with a term expiring December 31, 2015 (requested by Smith Valley Park & Rec Board) 20. For Possible Action: Approve the 2014 Ferrari Club Virginia City Hill Climb, to be held September 13 and 14, 2014 (requested by Ferrari Club) 21. For Possible Action: Authorize the use of $40,000 from Contingency Funds to cover the County s portion of a project that includes the installation of a potable water supply line at the Lyon County Fair Grounds. Total project cost is estimated to be $139,000 (requested by Public Works Director) Comm. Arellano had questions. Comm. Arellano moved to authorize the use of $40,000 from Contingency Funds to cover the County s portion of a project that includes the installation of a potable water supply line at the Lyon County Fair Grounds. Total project cost is estimated to be $139,000. Comm. Keller seconded and the motion passed 206 June 19, 2014

6 22. For Possible Action: Reclassify a Buildings & Grounds Supervisor (Job Grade 218) position that was approved in the FY Budget to a Buildings & Grounds Maintenance Worker II (Job Grade 192) (requested by Public Works Director) 23. For Possible Action: Request by Southwest Gas for a temporary construction Easement across a portion of property owned by Lyon County (APN ) (requested by Planning Director 24. For Possible Action: Approval of Agreement with Southwest Gas to extend franchise, or take action to publish notice as required by law that the County intends to extend the franchise agreement Chief Deputy District Attorney Steve Rye said the existing agreement expires July 6, 2014 and has been in effect for 25 years. He is requesting a six month extension to allow for the publication of the public hearing. Charlie Harris had questions. Steve Rye explained the new agreement and said it is available for anybody to review. Jackie Picciani had questions regarding franchise fees. Comm. Hastings moved to approve the agreement with Southwest Gas to extend the franchise, and take action to publish notice as required by law that the County intends to extend the franchise agreement including a six month extension. Comm. Keller seconded and the motion passed 25. For Possible Action: Approve contract for security personnel at the Lyon County Fair & Rodeo with Events Security 26. For Possible Action: Review and accept travel claims Travel claims totaled $2, and registrations totaled $1, For Possible Action: Review and accept County claims and financial report County claims totaled $653, and payroll totaled $824, Items # 9f, 14, 21 and 24 were pulled from the consent agenda and acted on separately. Comm. Arellano moved to approve the consent agenda with Items # 9f, 14, 21 and 24 being pulled and acted on separately. Comm. Keller seconded and the motion passed 4 0. Absent: Comm. Mortensen **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 28. Public participation 29. For Possible Action: Review and possible approval of temporary liquor license applications: a. Soroptimist International of the Comstock; Bingo Fundraiser; Dayton Senior Center; Temporary Liquor Permit for: June 07, June 19, 2014

7 b. The Misfits Theater Group; Dayton Valley Oodles of Noodles; Odeon Hall, 65 Pike St. Dayton, NV; Temporary Liquor Permit for: June 21 & 22, 2014 c. The Misfits Theater Group; Theater Performance; Odeon Hall, 65 Pike St., Dayton, NV; Temporary Liquor Permit for: October 10, 11, 17 & 18, 2014 Comm. Arellano moved to approve the temporary liquor license applications as presented. Comm. Keller seconded and the motion passed and Sheriff Allen Veil 30. Public participation ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS REGULAR AGENDA 31. For Possible Action: Consider leasing certain park facilities to non-profit groups using the existing Lease Document Template and concept as a starting point and authorize the Public Works Director to continue working with various non-profit groups in an effort to develop the program (requested by Public Works Director) Mike Workman presented. He said with the reductions in the budget and staffing, maintaining the parks have been difficult. He is asking to work with non-profit groups on leasing the parks, similar to the leasing of the public buildings. There is approximately 150 acres of parks in Lyon County for the Public Works department to maintain. Jackie Picciani had questions concerning the lease agreement. Mike Workman said that typically the lease cost is $1.00 per year. The non-profit group could charge for special events and the funds generated could be used for cleanup and maintenance. Penny Slattery said she took a tour of the parks in Central Lyon County with Mike Workman last week and was astonished by the area that needs to be maintained. She said public works needs help in maintaining the parks. County Manager Jeff Page said that if the county does not move forward with help in maintaining some of these areas, the county may be forced to start closing parks. Marsha Litsinger of Stagecoach also commented on the need for park maintenance. Comm. Arellano moved to authorize the Public Works Director to continue working with various non-profit groups in an effort to develop the program. Comm. Hastings seconded and the motion passed 32. For Possible Action: Propose an ordinance to adopt the second amended and restated agreement regarding Implementation of The Herrmann Ranch Development Agreement, to extend the date by which the next final map must be recorded pursuant to any tentative map in the Dayton Valley Planned Community project (requested by Planning Director) Rob Loveberg presented and explained that the ordinance would extend the tentative maps associated with the Herrmann Ranch Development Agreement for an additional five years. Comm. Keller proposed the ordinance. 33. For Possible Action: To approve a resolution establishing the Title 15, Land Use and Development Code Advisory Board (Requested by the Board of Commissioners) County Manager Jeff Page presented. There have been requests to add a member from the Nevada Mining Association, two commissioners and two planning commissioners to the board. 208 June 19, 2014

8 The commissioners had discussion regarding the advisory board. There were comments about the creation of another layer of government. The following people had comments: Audrey Allan Gayle Sherman Charlie Harris Chuck Davies, planning commission, feels it should be handled by the planning commission. Bill Miles, Miles Construction, doesn t see a need for another advisory board. He agrees with Chuck Davies. Comm. Arellano moved to disapprove the resolution establishing the Title 15, Land Use and Development Code Advisory Board. Comm. Fierro seconded and the motion failed 2 2. Comm. Hastings and Comm. Keller were opposed. Comm. Mortensen was absent. Comm. Hastings moved to approve the resolution to establish an advisory board to review the Land Use and Development Code, Title 15, with the addition of two non-voting planning commissioner and two county commissioners, one to serve as chairman and the other to serve as vice-chairman, and also the addition of a member of the Nevada Mining Association. Comm. Keller seconded and the motion failed 2 2. Comm. Fierro and Comm. Arellano were opposed. Comm. Mortensen was absent Comm. Fierro made a motion to continue this item to the next regularly scheduled commissioners meeting and hopefully all five members of the board of commissioners will be present. Comm. Keller seconded and the motion passed 3 1. Comm. Arellano was opposed. Comm. Mortensen was absent RECESS TO CONVENE AS CENTRAL LYON COUNTY VECTOR CONTROL DISTRICT BOARD 34. Public Participation 35. For Possible Action: Review and accept claims and financial report The cash balance as of June 16, 2014 was $434, Pay bills totaled $18,990.00; there was no payroll 36. Public Participation ADJOURN TO CONVENE AS MASON VALLEY MOSQUITO ABATEMENT DISTRICT BOARD 37. Public Participation 38. For Possible Action: Review and accept claims and financial report The cash balance as of June 16, 2014 was $206, Pay bills totaled $2, and payroll totaled $2, June 19, 2014

9 39. Public Participation ADJOURN TO CONVENE AS WALKER RIVER WEED CONTROL DISTRICT BOARD 40. Public Participation 41. For Possible Action: Review and accept claims and financial report The cash balance as of June 16, 2014 was $84, Pay bills totaled $105.85; there was no payroll. 42. Public Participation ADJOURN TO CONVENE AS THE WILLOWCREEK GENERAL IMPROVEMENT DISTRICT 43. Public Participation 44. For Possible Action: Approve Willowcreek General Improvement District debt management policy and capital improvement plan for 2014/2015 Josh Foli explained that if there is any outstanding debt, state statute requires a debt management policy be filed. There is no new debt and this meets all of the statutes required. There are no capital improvements planned over the next five years. 45. For Possible Action: Review and accept claims and financial report The cash balance as of June 16, 2014 was $150, Pay bills totaled $3,344.68; there was no payroll. 46. Public Participation ADJOURN TO CONVENE AS THE SILVER SPRINGS GENERAL IMPROVEMENT DISTRICT BOARD 47. Public Participation 210 June 19, 2014

10 48. For Possible Action: Approve Silver Springs General Improvement District debt management policy and capital improvement plan for 2014/2015 Josh Foli explained that this plan meets state statute and there is no new debt. There are no capital improvements planned over the next five years. 49. For Possible Action: Review and accept claims and financial report The cash balance as of June 16, 2014 was $555, Pay bills totaled $7,307.53; there was no payroll. 50. Public Participation ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 51. Commissioner Comments Comm. Keller and Comm. Fierro thanked the citizens of Dayton for allowing the commissioners meeting to be held in Dayton and were pleased with the turnout. 52. For Possible Action: Approve Minutes of June 5, 2014 Comm. Hastings moved to approve the minutes of June 5, 2014 as presented. Comm. Keller seconded and the motion passed 53. Public participation Jesse Alexander of Stagecoach commented on recycled tires and other materials that can be used in productive ways. Steve Litsinger is a neighbor of the Jesse Alexander and is in support of the recycling projects. Christie McGill of Healthy Coalition commented on the need for a dental co-op to help meet the needs of the area. 54. Closed Labor Session as allowed under NRS Adjourn The meeting was adjourned. LYON COUNTY BOARD OF COMMISSIONERS ATTEST JOE MORTENSEN, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 211 June 19, 2014

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