County Manager Dennis Stark requested that item #16 be heard separately.

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1 August 6, 2009 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Phyllis Hunewill, Vice-chair Larry McPherson, Commissioners Don Tibbals, Chuck Roberts and Joe Mortensen. Also present: County Manager Dennis Stark, District Attorney Bob Auer and Deputy Clerk Joanne Sarkisian. 1. Review and adoption of agenda County Manager Dennis Stark requested that item #16 be heard separately. Comm. Roberts requested that item #9h be heard separately. Comm. Mortensen made a motion to approve the agenda as presented with item #16 and item #9h being heard separately. Comm. Tibbals seconded and the 2. Appointed Official s report Road Manager Gary Fried distributed an update on the current road projects. Utilities Director Mike Workman commented that the utilities rate increase went into effect on July 1, He gave a presentation at the Mound House advisory board meeting to explain the need for the increase. 9:15 A.M. Time Specific - Discussion and possible action on Jail Project update and tasks completed to date, including possible funding for travel expense Jail Project Manager Donette Barreto described the activities that have been performed since the last update was given. She distributed a facility assessment prepared by Harris and Associates which included cost estimates for several options. These options vary from addressing code issues only to complete demolition and replacement of the existing structure. The structural soundness of the existing structure was discussed as well as the mechanical and electrical equipment that may be able to be salvaged. It was clarified that option number one, the worst case scenario, would be at a cost of approximately million dollars. Ms. Baretto reminded the Board that with each of the options and their costs a lot of assumptions were made. Roger Sedway of Harris and Associates explained that many of the costs are duplicated depending on the option. Ms. Barreto stated that architect references and qualifications have been reviewed and interviews of the five firms on the short list will take place on August 17, She hopes to announce the selected architect at the Board meeting on August 20, The activities that will take place in the next few weeks are: Architect interviews and selection will take place on August 17, 2009 and also project soft cost will continue to be assessed to help develop a project budget. The second portion of the agenda item addressed funding for travel expense. Comm. Roberts suggested traveling to look at different types of jail designs and feels that funds should be allotted. Undersheriff Joe Sanford spoke of a presentation that was given on a jail design. There are several of these facilities in the eastern states that are of great interest and might be worth going to see. If a visit to any of these facilities is needed there is currently no funding to allow for travel. Comptroller Josh Foli recommended that any of this type of travel be funded out of contingency. Comm. Roberts made a motion to approve funding from contingency for the purposes of travel in the jail project in an amount not to exceed $ with the funds to be managed in 126 August 6, 2009

2 cooperation with the County Manager and Comptroller. Comm. Mortensen seconded and the motion passed by majority 3-2 (Comm. Tibbals and Comm. McPherson opposed). 9:30 A.M. Bill No , an ordinance amending Lyon County Code Title 4, Revenue and Taxation, by adding thereto Chapter 13, Fees on Court Actions to support programs for Court Security, which Chapter establishes and imposes a fee charged on persons commencing and answering District Court actions and delineating collection and specific expenses of the fees for Court Security; and other matters properly related thereto (2 ND reading). Action will be taken. County Manager Dennis Stark presented this item. He commented that this ordinance had been reviewed by the district attorney s office and it is anticipated that this ordinance will generate adequate income to provide for court security needs. Comm. Hunewill pointed out that these fees can be used for funding of additional personnel in the court and the funds must be administered by the Board. Comm. Hunewill asked for and received no public comment. Comm. Mortensen made a motion to approve the ordinance as proposed. Comm. Tibbals seconded and the 10:00 A.M. - Bill No , an ordinance amending Lyon County Code Title 10, Chapter 9, Manufactured and Mobile Homes, to revise the standards and criteria for special use permits for hardship exceptions; and other matters properly related thereto (2 ND reading). Action will be taken. Planning Director Rob Loveberg presented this item. He commented that this ordinance would change the way hardship exceptions are processed. It changes the procedure from a special use permit to an administrative process. Comm. Hunewill asked if the applicant would have to provide additional water rights for the additional dwelling. Mr. Loveberg replied that it would depend on the states regulations for each parcel, currently the state allows for accessory dwellings with no additional requirements. George Morse questioned if the hardship structure would have square footage restrictions. Planning Director Rob Loveberg responded that the unit can be no larger than a double wide. Comm. Mortensen made a motion to approve as presented. Comm. Tibbals seconded and the 10:30 A.M. Bill No , an ordinance amending Lyon County Code Title 11, Waste Disposal Control, Section Title, Section Legislative Intent, Section Purpose, Section Provisions Part of Master Plan, Section Waste Importation Permit, Section Bond Required; Exemptions, Section Appeals, Section Violations and Penalties; Adding Section Definitions, Section Exclusive Franchise-Grant, Section Construction and Demolition Waste Collections, Transport and Disposal, Section Importation of Waste for Disposal; and other matters properly related thereto (2 ND reading). Action will be taken. Planning Director Rob Loveberg began this item by distributing a revised version which clarifies how each company s fee structure will be determined. Comm. Hunewill suggested combining section d and section e. since they are basically the same statement. There was discussion on what type of reporting will be required from each business and which department will be monitoring this. Janna Regar of Empire Waste Systems asked for clarification on section d. She asked if these revenues are based on the entire company revenues or only on Lyon County revenues. Ms. 127 August 6, 2009

3 Regar then asked for clarification on page #4. She feels that this item can be a violation of the exclusive franchise agreement. Comm. Roberts asked if it would be reasonable to readdress the issue of recycling with the holder of the exclusive franchise agreement. Planning Director Rob Loveberg stated that if the holder of the exclusive agreement agrees, it could be looked into. District Attorney Bob Auer commented that at the present time, if Waste Management, the holder of the exclusive agreement does not have a problem with the recycling issues then there is no need to readdress it with Waste Management. Comm. Mortensen made a motion to continue this item until later in the agenda. Comm. Roberts seconded and the Planning Director Rob Loveberg stated that he will make the requested changes in the fee structure and bring this item back at a future meeting. Comm. Mortensen made a motion to continue this item until a future meeting. Comm. Tibbals seconded and the APPOINTED OFFICIAL REPORTS WERE RESUMED AT THIS TIME Comptroller Josh Foli informed the Board that two of the foreclosed HOME properties in Carson City have mobile homes that are in disrepair. Western Nevada HOME Consortium will have an agenda item to discuss these properties. Human Services Director Edrie LaVoie commented on the $996,000 of stimulus funds that are being distributed through her department. Maureen Williss mentioned that the County Manager s office has received 22 code compliance complaints as of July 1, of those have been closed. She then thanked the building and road departments for their assistance in looking at properties when needed. 3. Elected Officials comments There were no elected officials comments 4. Advisory Board reports There were no advisory board reports 5. County Manager report County Manager Dennis Stark thanked the department heads that continue to keep the Board updated on the progress in their departments. He commented on the remodel of the McAtee building,a visit to the Northwest Territorial Mint and mentioned that he attended the Silver Springs advisory board recently. 6. Commissioner comments Comm. Mortensen would like to congratulate the new mayor of Fernley Comm. Tibbals had no comments. Comm. Roberts had no comments; Comm. McPherson stated that the Rail Fest is beginning on August 15, 2009 and there will be a train running every weekend. 128 August 6, 2009

4 Comm. Hunewill had no comments. 7. Public participation There was no public participation **CONSENT AGENDA** 8. Discussion and possible approval of changes on Assessor s tax roll due to corrections in assessments and review of tax roll changes Unsecured property factual corrections totaled $ and secured property factual corrections totaled $2, Review and possible approval of business license applications: a. Podnar, Tom F.; Brant, Robert; McKenzie, Stacy A.; Adobe Masonry, Inc.; 5385 Siltstone Way Sparks, NV; Installation of Concrete Blocks, Bricks, Stone Veneer and Pavers b. Morris, Darren Carl; Hobdy, Brian Mandel; S Dao, Gary David; Love, Scott; Alcal Arcade Contracting Inc.; 650 Spice Island Dr. Sparks, NV; Sub Contracting Services Including Installation of Garage Doors, Fireplaces and Insulation c. Petro, Elizabeth H & Steve J.; The Atomic Workshop LLC; 5010 Abilene Dr. Stagecoach, NV; Name Change: Adding LLC to Name d. Johns, Bob Dean; Blackford, David William; Bob John s Construction; 1312 Goldbug Ct. Gardnerville, NV; General Contractor e. Mulhern, Brad A.; Brad s Handyman Service; 1605 Lincoln Cir. Silver Springs, NV; Handyman Service f. Miller, James R.; Feher, Valorie B.; Leichtner, Robert S.; Zimmerman, Chuck; Brown and Caldwell; 1 Austin Circle Yerington, NV; 100% Environmental & Engineering Consulting g. Goodson, Robert D.; Edmondson, Samuel A.; Rowe, Thomas G.; Ainslie, Robert J.; Brown and Caldwell Constructors; 1 Austin Circle Yerington, NV; Construction Contracting h. Hof, Dennis; BunnyRanch Business Park; 66 Moonlight Rd. Carson City, NV; Property Management i. Burdick, Randy G. & Linda T.; Burdick Excavating Co, Inc.; 8555 Cutthroat Ave. Kings Beach, CA; Contractor: General Excavating, Paving, Landscape j. Burson, Chad A. & Leslie S. Burson Custom Concrete; 2501 Harriett Dr. Carson City, NV; Concrete Construction k. Cerasoli, Holly R.; Cerasoli Carpets; Carriage Dr., Reno, NV; Flooring Installation l. Cole, Jennifer J.; Jennifer Cole; 202 Miriam Way Carson City, NV; In Home Child Care m. Pierce, Jeanne E.; Ittner, Noelle M.; Curves; 12 Hwy 208 Yerington, NV; Fitness Center Sales of Clothing, Dietary & Vitamin Supplements n. Giurlani, Jodi E. & Kevin R.; Curves Fitness For Women; 140 Douglas St. #4 Dayton, NV; Contract Sales for Fitness. Sales of Clothing & Vitamins o. Bauman, Dale W.; Dale Bauman Billiards; 9 Adair Dr. Carson City, NV; Service, Sell and Repair New and Used Pool Tables p. Miller, Dennis K.; Dennis Miller Concrete & Construction LLC; 5320 Allegre Ln. Fallon, NV; Contractor Setup, Place and Finish Concrete Flatwork, Foundations and Slabs Construction of Garages and New Homes q. Seal, Dionna Lynn Mary; Baxter, Donald R. Jr.; Huegh, Gordon; DHD ATM Company; 1535 E. 9 th St. Silver Springs, NV; ATM machines Installation and Repair r. Lepori, Frank M.; Frank Lepori Construction Inc., 1475 Hymer Ave., Sparks, NV; Commercial General s. Motta, Phillip J. & Heather L.; Motta s Attorney Support Services; 311 Torrey Pines Dr. Dayton, NV; Attorney Support Services t. Henry, Irvin T.; Johnson, Deryl; Northern Nevada Lath & Plaster Inc.; 260 Sunshine Lane #202 Reno, NV; Change in Corp Officers u. Tenbrink, Kyle A.; Old School Painting Inc.; 818 Amador Ct. Carson City, NV; Painting Contractor v. Pierce, Roger W.; Roger s Carpet One Floor and Home; 971Topsy Lane #322 Carson 129 August 6, 2009

5 City, NV; Retail Flooring & Window Coverings and Installation w. Hustace, Jaime L.; Bales, Nona K.; Sierra Nevada Large Animal Hospital, LLC; 24 Sharon Dr. Wellington, NV; Veterinary Services x. Ward, Gail Simas; Simas Floor Co., Inc.; 9400 S. Virginia St., Reno, NV; Furnish and Install Flooring y. Brown, Schaun D.; S n K Electric LLC; 4227 Pheasant Dr. Carson City, NV; Change in Business Name Electrical Contractor z. Miranda, Susan; Someone s Treasurers; 1045 Truckee St. Silver Springs, NV; Curio Shop aa. Sloan-Lee, Kathleen M.; Teachers That Tutor; 728 Gray Hawk Dr. Dayton, NV 89403; Tutoring Students ab. O Banion, Todd & Nicole; The Wholistic Life, Inc.; 669 Upper Colony Rd. Wellington, NV; Teaching Individualized Home Pilates Programs 10. Acceptance of Notice of Grant Award (NGA) from Division for Aging Services for American Recovery and Reinvestment Act (ARRA) Title C2 Home Delivered Meals 11. Acceptance of Notice of Grant Award (NGA) from Division for Aging Services for American Recovery and Reinvestment Act (ARRA) Title C1 Congregate Meals 12. Acceptance of FY10 Community Service Block Grant award in the amount of $306,434. This funding includes additional ARRA funds that will be specifically allocated toward an employment initiative 13. Acceptance of grant award through Substance Abuse and Mental Health Services Administration, Center for Substance Abuse Prevention (SAMHSA/CSAP) in the amount of $30, Acceptance of additional FY09 funding for the Women, Infants, and Children program in the amount of $10, Authorize the payment of a bailiff s salary for the Third Judicial District Court, Department II 16. Approve contract with Curtis & Sons, for installation of lighting at the Mark Twain Park, funded from NV Energy 17. Accept Community Development Block Grant, in the amount of $35,000.00, for a Silver Springs GID Aeration System 18. Approve and authorize the filing of the Notice of Completion and Release of the 10% Retention for the Lyon County RTC Slurry Seal Project Silver Springs, Number Approve contract for tractor pull services at the Lyon County Fair & Rodeo with Pacific Tractor Pullers Association 20. Approve contract for motorsport services at the Lyon County Fair & Rodeo with SGAS Motorsports 21. Approve contract for security personnel at the Lyon County Fair & Rodeo with Events Security 22. Approve HOME grant agreement on behalf of the Western Nevada HOME Consortium (Lyon County as lead agency) from the Nevada Housing Division to fund HOME projects in the amount of $148,752. Matching funds are not required 23. Approve purchase of a copy machine for Child Support in the amount of $19,985. This is entirely grant funded 24. Review and accept travel claims 130 August 6, 2009

6 Travel claims totaled $5, and registrations totaled $2, Review and accept County claims and financial report County claims totaled $3,282, and payroll totaled $2,306, County Manager Dennis Stark requested that item #15 be removed from the consent agenda and clarified that item #9z should read Someone s Treasures rather than Someone s Treasurers. Comptroller Josh Foli stated that item #20 should read WSGAS rather than SGAS. Comm. Mortensen made a motion to approve the consent agenda with the following: Item #9h being heard separately Item #15 being heard separately Item #16 being heard separately The spelling corrections to item #20 and item #9z Comm. Tibbals seconded and the The name of the business in item #9h was discussed. District Attorney Bob Auer commented that this item could be approved with the condition that the signage not violate the brothel ordinance. Comm. Roberts would be in favor of denying this item or continuing it so that a possible name change can be discussed with the applicant. Comm. Tibbals made a motion to continue item #9h until the district attorney and the applicant s attorney can have a discussion regarding the business name. Comm. Mortensen seconded and the motion passed unanimously 5-0 Comptroller Josh Foli presented item #15. He stated that the ordinance just passed does not allow for the funds to be used for existing bailiff positions. He commented that since there is no existing budget for this position, which has already been filled, these funds could be used. Comm. Tibbals made a motion to approve the bailiff s salary concurrent with the effective date of bill number Comm. Mortensen seconded and the Engineering Technician Dan Williss presented item #16. He requested that the $12,000 mitigation funding provided by NV Energy be used for lightning at the Mark Twain Park rather than for landscaping. Comm. Tibbals made a motion to approve a contract with Curtis & Sons, for installation of lighting at the Mark Twain Park. Comm. Mortensen seconded and the motion passed unanimously 5-0. ITEM #32 WAS HEARD AT THIS TIME ITEM #33 WAS HEARD AT THIS TIME **END OF CONSENT AGENDA** A LUNCH BREAK WAS TAKEN AT THIS TIME ITEM #36 WAS HEARD AT THIS TIME RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY Sheriff Allen Veil was absent 26. Public participation 131 August 6, 2009

7 There was no public participation 27. Review and possible approval of temporary liquor license applications: a. Dayton Valley Days Committee; Dayton Valley Days; Dayton Valley; Temporary Liquor Permit for: September 19 th & 20 th, 2009 b. Rotary Club of Smith Valley; Annual Lamb Feed; Smith Valley Community Hall; Temporary Liquor Permit for: August 13, 2009 c. Smith Valley Senior Luncheoneers; Heritage House Fundraiser; 90 Pinion Dr. Wellington, NV; Temporary Liquor Permit for: September 19, 2009 Comm. McPherson made a motion to approve as presented. Comm. Mortensen seconded and the ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 28. MOUNDHOUSE SIXTEEN, LLC - SPECIAL USE PERMIT Request for a special use permit to develop an indoor RV Storage facility on approximately 16 acres, located at the proposed Moonlight Commercial Complex, Mound House (APN ) PLZ Planning Director Rob Loveberg presented this item. He commented that the planning commission recommends approval of this application subject to twenty conditions. Mr. Loveberg gave details of the location and commented that there are five proposed structures that will contain approximately 58 storage spaces. Nathan Robinson of Robison Engineering represented the applicant. He stated that he has coordinated with Sierra Pacific Power Co., the county engineer and the planning department and that the applicant will be happy to comply with all of the conditions and recommendations. Comm. Hunewill asked for and received no public comment. Based on the findings that: A: The proposed use at the specified location is consistent with the general purpose and intent of the applicable zoning district regulations; B: The proposed use 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 neighborhoods or included improvements or modifications either on-site or within the public right-of-way to mitigate development related to adverse impacts such as noise, vibrations, fumes, odors, dust, glare or physical activity; C: The proposed use will not be detrimental to the public health, safety, convenience and welfare; and D: The proposed use will not result in material damage or prejudice to other property in the vicinity. Comm. Tibbals made a motion to approve a special use permit for a RV self storage facility consisting of five storage structures to provide approximately 58 storage spaces for Moundhouse Sixteen LLC (APN ) subject to the following conditions: 1. The self-storage facility shall be constructed in accordance with the conceptual site plan dated May 14, 2009 with revisions as required by the special use permit conditions of approval. No storage of industrial materials or items is allowed. Any further expansion of the business enterprise will require modification of this special use permit or an additional special use permit, and/or other approvals. 2. The applicant shall comply with all State, County, federal and special district rules and regulations as they apply to this special use permit. 3. The applicant shall comply with all applicable fire and building code requirements. 4. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections. 132 August 6, 2009

8 5. The applicant shall meet all traffic control requirements placed on the business enterprise by the County Engineer, Lyon County Road Manager, special purpose districts, and any other jurisdictions with approval authority. 6. The applicant shall comply with the off-street parking regulations and requirements set forth in (C) of the Lyon County Code including, but not limited to, the following: a. All parking areas, driveways and entry areas shall be AC paving. b. If lighting is provided, it shall be shielded and arranged to prevent light escape from the property. c. All off-street parking facilities shall comply with recognized standards and dimensions of layout commensurate with individual design limitations. 7. The applicant shall provide on-site parking spaces (not for the storage of vehicles or boats) in conformance with the County s parking standards. No parking spaces shall be allowed to back directly into a driveway entrance. All parking areas, driveways and entry areas shall be paved and handicap parking shall meet Americans with Disabilities Act requirements. Parking and circulation plans must be approved by the Planning Director prior to the issuance of the special use permit and building permits. 8. The applicant shall comply with Central Lyon County Fire Protection District requirements. All required fire hydrants are to be installed and fully operating. Minimum required fire flows are required for each fire hydrant as directed by the Fire District. The site s access and circulation in and around the storage units and parking areas shall comply with the County and Central Lyon County Fire District access and turning radius standards. 9. The applicant shall be limited to the display of one onsite free-standing commercial sign, not to exceed 32 square feet or a height greater than 12 feet to the top of the signage. No advertising signs shall be placed on the fences or storage structures for advertising or promotional purpose. Signage will be placed at the entry and throughout the facility noting that the storage of hazardous materials is prohibited. 10. The property shall be enclosed by site obscuring fencing and/or solid walls which shall surround the entire self storage facility perimeter. The height, placement, construction and materials associated with the perimeter fencing are subject to Planning Department staff review. Fencing layout and construction method shall be included on the building permit site plans and must be approved by the Planning Director prior to the issuance of the special use permit and building permits. 11. The applicant shall comply with Lyon County s 1996 drainage guidelines. 12. The applicant shall obtain Planning Department approval of the site improvements, including access, driveways, parking, landscaping, and exterior lighting prior to the issuance of any building permits and prior to the issuance of the special use permit. 13. The applicant shall provide evidence of the approval of the Nevada Division of Environmental Protection for an individual sewer disposal system, or provide suitable approved alternatives. 14. The use shall be connected to a public water system. 15. Site development work will require a grading permit(s) in accordance with Title (F). 16. The applicant shall procure and/or maintain a Lyon County business license prior to establishing the use or occupying the premises. 17. All of the requirements placed on the special use permit by the County Building Official, Central Lyon County Fire Protection District, Planning Director, and other agencies with jurisdiction shall be met prior to the applicant commencing use of the site. 18. No change in the terms and conditions of the special use permit, as approved shall be undertaken without first submitting the changes to Lyon County and having them modified through a public hearing process. 19. 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, 133 August 6, 2009

9 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. 20. Prior to installation of any RV sanitary disposal dump station facilities, the applicant shall provide a revised site plan identifying the proposed facility location and a detailed description of the proposed system for review by the appropriate Lyon County Departments. Comm. McPherson seconded and the 29. KEVIN JOHNSON, ET AL TRS, ERIC REDWINE, CHARLES BREMSON, ET AL, GERALD & CLETA WOOD, RAY SHAFFER, ET AL, WILLIAM CLARK, ET AL, MICHAL & LUCILE GLASER, JACK STATEN, AND VUKI & RITA WILSON - MASTER PLAN AMENDMENT - Request to change the Master Plan Land Use Designation from Low Density Residential to Commercial on approximately acres consisting of nine parcels located at 50, 60, 70, 80, 90, 100, 110, 120 and 130 River Road, Dayton (APN thru ) PLZ Planning Director Rob Loveberg began this item. He commented that the planning commission is recommending denial of this application. Susan Dorr of Manhard Consulting represented the applicants. She gave a brief presentation showing possible future signalization as well as possible future development. She stated that the applicants feel that commercial projects would be better suited to their properties. Comm. Roberts asked if potential development would consist of nine individual projects. Ms. Dorr commented that the applicants are hoping to come together with one project. There was a lengthy discussion on the fact that each of the nine parcels is owned individually and that the access to these parcels is limited to River Road which at the present time is not designed for commercial uses. Planning Director Rob Loveberg commented that the County can not dictate the improvements to River Road if each parcel is developed individually. However, if the nine parcels are developed as one project then certain improvements can be required. Ms. Dorr is of the opinion that it would be in the developers best interest to improve River Road. A letter of support from applicant Sharon Clark was read into the record. A letter of opposition from Ruben Erickson was read into the record. Comm. Mortensen feels that since DRAC has approved this amendment twice that needs to be considered. Applicant Vuki Wilson commented that he has been a Lyon County resident for the last seven months. He has owned his property since 1999 and feels that his parcel is now to close to commercial development. He commented that NDOT has plans for many future signals and potential access to River Road. Planning Director Loveberg stated that to the best of his knowledge NDOT has no plans to promote access to River Road. They in fact would prefer to close the River Road access and divert traffic to Pine Cone. River Road resident George Morse spoke in opposition to this request. He commented that he has concerns with the Cardelli ditch which goes along the subject parcels. He stated that the ditch cannot be moved and due to need for multiple points of diversion, a culvert cannot be installed. Applicant Ray Shaffer stated that the reason nine property owners are coming together is due to the growth and the many changes in the area of his home. He also reminded the Board of the DRAC recommendation to approve. Storey County resident Nancy Dallas spoke of the many reasons this application should be denied. 134 August 6, 2009

10 Applicant Jack Staten commented that as a business owner in Lyon County he understands the need for revenue and the additional revenue this property could generate would be substantial. Comm. Roberts reminded everyone that the Boards obligation is to protect land use. He went on to state that he did not hear any comments that warrant a land use change. Comm. McPherson commented that he understands the applicant s wants and concerns. He also feels it is a good idea although his concern is the legality of the change. Comm. Tibbals is of the belief that the highway 50 corridor should all be industrial. The applicants own the land and should be able to do what they want with it. Comm. Hunewill has been following the progression of commercial from west to east and has not supported any of it. The only access to this property is from River Road which can not handle the increased traffic and Lyon County cannot afford to make the improvements. She would have preferred to see these applicants come together as one entity. Based on the finding that: A: the proposed amendment is not in substantial compliance with, nor promotes the Master Plan goals, objectives and actions in that it is not in keeping with the goals and objective contained in either the 1990 Lyon County Master Plan or the West Central Lyon County Land Use Plan. B: The proposed amendment would result in land uses which are incompatible with the actual and planned adjacent land uses, and does not reflect a logical change in land use. C: The proposed amendment fails to identify or respond to changed conditions or further studies that have occurred since the Master Plan was adopted by the Board, and the requested amendment does not represent a more desirable utilization of land. D: The proposed amendment will adversely affect the implementation of the Maser Plan goals, objectives and actions, and will adversely impact the public health, safety or welfare in that it places commercial development outside the area served by existing community infrastructure, thereby increasing the cost of services and unfavorably effecting the efficient and cost effective development of infrastructure. E: The proposed amendment promotes a sprawl pattern of growth in the County. The proposed amendment encourages inefficient use of public infrastructure and fails to maintain a desired pattern of compact development. Comm. Roberts made a motion to deny the requested master plan amendment. Comm. Hunewill seconded and the motion failed 2-3 (Comm. Tibbals, Comm. Mortensen and Comm. McPherson opposed). Based on the finding that: A: The proposed amendment has demonstrated and responds to changed conditions or further studies that have occurred since the Master Plan was adopted by the Board, and the requested amendment represents a more desirable utilization of land. Comm. Tibbals made a motion to approve the Master Plan Amendment from Low Density Residential to Commercial for Kevin Johnson et al Trs, Eric Redwine, Charles Bremson et al, Gerald & Cleta Wood, Ray Shaffer et al, William Clark et al, Michael & Lucille Glaser, Jack Staten, and Vuki & Rita Wilson. APN(s) through as set forth in the master plan amendment application and supporting documents, received by the Planning Department March 23, Comm. Mortensen seconded and the motion passed by majority 3-2 (Comm. Hunewill and Comm. Roberts opposed). 30. KEVIN JOHNSON, ET AL TRS, ERIC REDWINE, CHARLES BREMSON, ET AL, GERALD & CLETA WOOD, RAY SHAFFER, ET AL, WILLIAM CLARK, ET AL, MICHAEL & LUCILLE GLASER, JACK STATEN, AND VUKI & RITA WILSON - ZONE CHANGE - Request to change the zoning from RR-3, Third Rural Residential (5 acre minimum) to Commercial on approximately acres consisting of nine parcels located at 50, 60, 70, 80, 90, 100, 110, 120 and 130 River Road, Dayton (APN thru ) PLZ August 6, 2009

11 Planning Director Rob Loveberg presented this item. He stated that since the Board approved the master plan amendment contrary to the planning commission s recommendation, the Board action must be referred back to the planning commission for a report. Due to this the zone change cannot take place prior to the report regarding the master plan amendment. Comm. Mortensen made a motion to continue this item to a later date. Comm. McPherson seconded and the REGULAR AGENDA 31. Discussion and possible action to approve a waiver to Lyon County Code Title 10, Chapter 9, to allow a mobile home more than 15 years old be issued a permit (power has been off more than 6 months), located at 19 Pyrite Drive, Mound House, NV (APN: ) Building Director Nick Malarchik presented this item. He commented that the power at this home has been off since December Since the home is over 15 years old County Code requires a waiver to reoccupy the home. After inspection of the property and mobile home, Mr. Malarchik is of the opinion that the home is unsafe and inhabitable. He also reminded the Board that his concern is health, safety and sanitation. The applicant feels that he can have this home in good condition in approximately two weeks. Mr. Malarchik responded that there is significantly more damage to the home than the applicant is aware of. Comm. Roberts made a motion to deny the waiver without prejudice based upon the recommendation and safety concerns of the building department. If a waiver has not been granted within 9 months the mobile home must be removed from the property. Comm. Mortensen seconded and the 32. Discussion and presentation by Mr. David Byerman, Chief Government Liaison for Nevada, U.S. Census Bureau regarding census plans and the importance of Nevada s census David Byerman of the US Census Bureau gave a presentation on the benefits of a census. He also requested the Board s support. Mr. Byerman commented that a correct population count effects the funding that is received from the federal government. He then gave details of the financial impact an undercount could cause. 33. Discussion and possible action to approve a resolution supporting the 2010 census Comm. Tibbals made a motion to approve as presented. Comm. Mortensen seconded and the 34. Discussion and possible action to authorize Road Tax Construction Funds to be used with ARRA Funds for asphalt overlay on Six Mile Canyon Road Road Manager Gary Fried commented that there is $349,000 in ARRA funds that can only be used on major collector roads. He would like to use the funds to place an overlay on Six Mile Canyon. This project would need and additional $200,000 from road tax fund. That funding will decrease the road fund from $650,000 to $450,000. Comm. Tibbals made a motion to approve as presented. Comm. Mortensen seconded and the 35. Discussion and possible action to authorize Lyon County Manager to sign an 136 August 6, 2009

12 agreement with Nevada Department of Transportation for the Six Mile Canyon Road Project. Road Manager Gary Fried stated that if the County administers the project, the complete cost including ARRA funding must be paid upfront. If the project goes through NDOT the only upfront cost will be the difference between the ARRA funding and the actual cost. Comm. Mortensen made a motion to approve as presented. Comm. Tibbals seconded and the 36. Discussion and possible action to approve a request by the Utilities Director for the Board to authorize the Utilities Director to enter into an agreement with Hunter Creek Engineering, for a not to exceed amount of $27,900.00, for design and construction assistance related to increasing the main storage lagoon water cap at the Rolling A wastewater treatment facility in Dayton Utilities Director Mike Workman presented this item. He explained that this will be an extension of the sludge storage lagoon at the Rolling A. This will add additional capacity to the lagoon that will last through phase IV. Comm. Tibbals made a motion to approve as presented. Comm. Mortensen seconded and the 37. Discussion and possible action to approve the use of a non-exclusive permit process, as an addition to the business licensing process, for businesses desiring to collect, transport and dispose of Construction and Demolition Waste Planning Director Rob Loveberg presented this item. He commented that this permit would be in conjunction and collected at the same time as the business license. Comm. Tibbals made a motion to approve as presented. Comm. Mortensen seconded and the 38. Discussion and possible action to approve a resolution establishing Construction and Demolition Waste Collection and Disposal permit fees Planning Director Rob Loveberg presented this item. Based on prior conversations he is recommending using one set fee for the permit plus twenty-five percent of the business license fee. It was decided that it would be easier to charge one flat fee rather than on a percentage basis. Comm. Tibbals made a motion to approve the resolution amended to charge a annual flat fee of two hundred dollars. Comm. McPherson seconded and the 39. Approve minutes Comm. Mortensen made a motion to approve the minutes of July 16, Comm. Tibbals seconded and the LYON COUNTY BOARD OF COMMISSIONERS ATTEST: PHYLLIS HUNEWILL, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 137 August 6, 2009