Comm. Hunewill made a motion to approve the agenda as presented. Comm. McPherson seconded and the motion passed unanimously 5-0.

Transcription

1 December 18, 2008 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Don Tibbals, Vice-chair Larry McPherson, Commissioners Phyllis Hunewill, Bob Milz and LeRoy Goodman. Also present: District Attorney Bob Auer, Clerk/Treasurer Nikki Bryan and Deputy Clerk Joanne Sarkisian. 1. Review and adoption of agenda Comm. Hunewill made a motion to approve the agenda as presented. Comm. McPherson seconded and the 2. Appointed Official s report Emergency Manager Jeff Page reported on the areas of county that are not included in one of the four fire protection districts. Mr. Page informed the Board that there will be a hazardous material training sometime in April in the City of Fernley. He then reported on the frozen water pipes at the Occidental Square building number 2 as well as other cold weather related issues happening in the County. County engineer Dick Faber gave an update on the bids for the McAtee Building remodel. He then spoke of the Silver City insurance issue. He hopes to have this resolved soon since it continues to drag on. Mr. Faber spoke of the RFP for the jail and a site selection on the Borda property. Engineering Technician Dan Williss commented that volunteers have cut approximately 6 cords of wood to be given to the needy. He also updated the Board on the park equipment installation. 3. Elected Officials comments Sheriff Allen Veil welcomed undersheriff Joe Sanford back from an eleven week class at the FBI National Academy. He also reminded the Board that this Saturday will be Shop with a Sheriff. 4. Advisory Board reports There were no advisory board reports. 5. County Manager report County Manager Dennis Stark has been working out the details of a franchise agreement with Waste Management. He also commented that there are seven applicants for Dayton Township Justice of the Peace and the selection committee will be meeting next week to determine the screening and selection process. Mr. Stark commented that Western Nevada College had requested a letter of support. He would appreciate feedback on the draft letter. He then stated that the potential buyer for the Yerington mine site is now close to bankruptcy which may prevent the completion of the sale. The attorney representing the County is handling this issue. Mr. Stark then distributed the 2009/2010 budget workshop calendar. 6. Commissioner comments Comm. Goodman thanked the Lyon County staff for all of their hard work during his tenure. Comm. Milz stated that it has been a pleasure serving the citizens of Lyon County during the last twelve years. Comm. McPherson had no comment. Comm. Hunewill commented on working with Comm. Goodman and Comm. Milz over the last decade. 218 December 18, 2008

2 Comm. Tibbals commented on the work that has been accomplished by Comm. Milz and Comm. Goodman. 7. Recognition of out-going Commissioners and Chairman Awards of recognition were given to Comm. Goodman and Comm. Milz for their dedication to the citizen s of Lyon County. Silver City resident Ron Reno expressed his joy with the contributions of the Board. He thanked Comm. Milz and read a letter into the record from the citizen s of Silver City. Human Service Director Edrie LaVoie recognized Comm. Milz and Comm. Goodman for their dedication to her department. County Manager Dennis Stark thanked Comm. Milz and Comm. Goodman for their service. Utilities Director Mike Workman thanked Comm. Goodman and Comm. Milz for their support. Recorder Mary Milligan also thanked the Commissioners for their help in the creation of the records center. 8. Public participation Silver City resident Ron Reno reported on the new Comstock wind energy project. He stated that comments and concerns are due to BLM by the end of January. **CONSENT AGENDA** 9. Approval of changes on Assessor s tax role due to corrections in assessments and review of tax roll changes Unsecured property factual corrections totaled $ Review and possible approval of business license applications: a. Ezell, David A.; Alternative Supervision Solutions, LLC DBA/Alternative Sentencing; 801 Overland Loop, Ste 402, Dayton, NV; Change of Location & Name b. Parker, Tommy E.; Asset Maintenance Service; 309 San Roma Drive, Dayton, NV; Yard Cleaning, Snow Removal, Handyman Services c. Bailey, Michael D.; Bailey Excavating, Inc.; 2300 Wildflower Drive, Washoe Valley, NV; Update to Corporation d. Greer, Steve R.; Blue Plate Photography; 213 B Grosh Avenue, Dayton, NV; Photography e. Clore, Tom D.; Carson Valley Heating, Inc.; 1421 Industrial Way, Gardnerville, NV; Removal of Corporate Officer/Owner & Change of Location f. Garoutte, Duane P. & Yvonne B.; Copper Top Construction, Inc.; 1200 Camille Drive, Fernley, NV; Change of Entity Type g. Feeley, Jeremy; Feeley Construction; 536 Crabapple Lane, Dayton, NV; General Contractor h. Reno, Deborah; Kjessy s Mobile Dog Grooming; Carr Lane, Fallon, NV; Mobile Dog Grooming i. Merrill, William V.; Merrill Construction, Inc.; 2919 Cielo Vista Court, Minden, NV; Change of Location j. Sanchez, Michael E. & Wellborn, Andrew W.; Core 4 Investments DBA/Pizza Factory; 1080 Hwy 95A, Silver Springs, NV; Pizza Restaurant k. Haggerty, Rachel M. & James B.; Corduroy, LLC DBA/Tru Hair Studio; 244 Dayton Valley Road, #104, Dayton, NV; Change of Location l. Melgarejo, Victor M.; Vida Lawn and Landscaping; 273 Monte Cristo Drive, Dayton, NV; Yard Care (Handyman Level) 11. Appoint Dr. Robin Titus as Lyon County Health Officer, with a term expiring December 31, December 18, 2008

3 12. Reappoint Amy Wachtel, Robert (Bob) Reed and Leslie Sexton to the Dayton Regional Advisory Board, with terms expiring December 31, Reappoint Linda Wimberly, Cheryl Hayes and Kathy Hawkins to the Mason Town Board, with terms expiring December 31, Appoint Melinda Cash and Dan Rice to the Mound House Advisory Board, with terms expiring December 31, 2010 and authorize advertisement for one (1) vacant position 15. Reappoint Gayle Sherman and Larry Wahrenbrock and appoint Sheree Rosevear to the Silver City Town Advisory Council, with terms expiring December 31, Reappoint Pat Geurts, and appoint Leandra Carr and Scott Keller to the Silver Springs Advisory Board, with terms expiring December 31, Reappoint Megan Hunewill-Wright and Phillip Gangwish to the Smith Valley Advisory Board, with terms expiring December 31, Reappoint Carolyn Wardwell and appoint Penny Slattery, to the Stagecoach Advisory Board, with terms expiring December 31, Reappoint Willis Lamm to the Animal Control Advisory Board, with a term expiring December 31, 2012 and authorize advertisement for two (2) vacant positions 20. Reappoint Charles Lawson, to the Debt Management Commission, with a term expiring December 31, 2010 and authorize advertisement for one (1) vacant position 21. Accept the recommendation of the Lyon County Assessor to reappoint Robert (Bob) Smith, Steven Markoe, Sr. and to appoint LeRoy Goodman to the Lyon County Board of Equalization and retain Steven Markoe, Sr. as the chairman of the Equalization Board, with terms expiring December 31, Reappoint Steve Berrington, Jack Mosby, and Lisa Tibbals to the Lyon County Fair Board, with terms expiring December 31, Reappoint Lou Murray and Duncan Lee and appoint Carl Swain to the Dayton Valley Fairgrounds Event Center Advisory Board, with terms expiring December 31, Reappoint Chuck Davies and Lawrence S. Smith, to the Regional Transportation Commission, with terms expiring December 31, Accept Mr. Joe Mortensen s resignation from the Lyon County Advisory Board to Manage Wildlife 26. Reappoint Bill Meyer, James Jenne, and appoint Walter F. Mandeville to the Advisory Board to Manage Wildlife, with terms expiring December 31, Reappoint Raymond Fierro and Virgil Arellano to the Lyon County Planning Commission, with terms expiring December 31, 2012, and authorize advertising to fill one (1) vacant position 28. Appoint Scott Huntley and Carolyn Strelo-Smith to the South Lyon County Hospital-District Board of Trustees, with terms expiring December 31, Reappoint Glen Sciarani to the Walker River Weed Control Advisory Board, with a term expiring June 30, 2011, and authorize advertising for one (1) vacant position 30. Accept resignation of Mr. Bob Milz from the Comstock Historic District, effective December 31, December 18, 2008

4 31. Approval to reduce the Performance Bond and accept a Maintenance Bond for the improvements that are completed satisfactorily, for the Point Legado Subdivision, Phase 1, located in Dayton, NV (APN ) 32. Approve submitting a grant application to the Division of State Parks, to fund a walking path in Dressler Park, Smith Valley 33. Approve agreement with Carson Southgate Associates II, LLC and Nevada Rural Housing, Inc. to loan HOME and Low-Income Housing Trust funds to finance multi-family housing units in Carson City. This is entirely funded by federal and state grants 34. Approve the purchase of a new computer server to be paid from Assessor Technology Fees 35. Review and accept travel claims Travel claims totaled $5, and registrations totaled $1, Review and accept County claims and financial report County claims totaled $1,121, and payroll totaled $1,324, Comm. Hunewill made a motion to approve as presented. Comm. Goodman seconded and the **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 37. Review and possible approval of liquor license application: a. Sanchez, Michael E. & Wellborn, Andrew W.; Core 4 Investments DBA/Pizza Factory; 1080 Hwy 95A, Silver Springs, NV; Beer/Wine Comm. Milz made a motion to approve as presented. Comm. McPherson seconded and the 38. Public Participation There was no public participation. ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS REGULAR AGENDA 39. Discussion and possible action to approve funding for a court bailiff in Department 3 of the Third Judicial District Court, requested by William G. Rogers, and as set forth in NRS County Manager Dennis Stark presented this item. He stated that Judge Rogers has requested funding for a bailiff. The cost for this position will be approximately $67,000 annually. There were questions on whether this position will also serve the other district court judges. Human Resources Director Steve Englert commented that upon talking with Judge Rogers this will be his bailiff exclusively. Comm. Goodman feels that Board has no choice except to approve this item. His hope is that the bailiff will be used in other capacities when court is not in session. 221 December 18, 2008

5 Comm. Hunewill asked if the Board could put a condition on this item that states this bailiff must be used for other security within the court house. District Attorney Bob Auer stated that statute does not allow that. Reporter Keith Trout asked if Churchill County will be helping with the cost of this position. Comm. Milz made a motion to approve as presented. Comm. McPherson seconded. Comm. Milz withdrew his motion. Comm. McPherson concurred. There was discussion on the duties of the proposed position as well as the cost. Comm. McPherson made a motion to approve as presented with funding to come from contingency. Comm. Goodman seconded and the 40. Discussion and action on renewal of lease agreement with Fernley Commerce Center for Lyon County Human Services, Fernley office space Human Services Director Edrie LaVoie presented this item. She stated that there is no rent increase over the past agreement, but does include additional space on this three year lease. She also commented that this lease can be terminated at anytime should the department lose grant funding. Comm. Goodman made a motion to approve as presented. Comm. Milz seconded and the motion passed unanimously Discussion and possible action to privatize the operation and maintenance of the television translator equipment and sites County Engineer Dick Faber presented this item. Facilities Manager Jack Mosby listed the channels that will no longer operate once the conversion from analog to digital takes place. He distributed a map of the translator locations and information on free satellite services that are available with the purchase of a specific box. Comm. Hunewill clarified that Lyon County will retain the site leases with BLM and the forest service. The translators will be rented out to the interested parties. Chris Kidd of Eastern Sierra Broadcasting is interested in obtaining two channels and is willing to pay the expense of changing the translators from analog to digital. Comm. Milz made a motion to authorize staff to privatize the operation and maintenance of the television translator equipment and sites and bring back possible options for Board approval. Comm. Goodman seconded and the 42. Discussion and possible action to make a non-binding recommendation to the State Engineer for water rights application filed on October 6, 2008, by Lyon County Utilities, in the office of the State Engineer of Nevada, proposing a change in points of diversion and manner and place of use of water from a water right previously appropriated under Permit Utilities Director Mike Workman presented this item. He commented that this water is from the Mound House area in a well that has been abandoned for several years. This will put the water back into use. It was clarified that ownership would be retained by Lyon County. Comm. Milz made a motion to approve as presented. Comm. Goodman seconded and the motion passed unanimously December 18, 2008

6 43. Discussion and possible action related to a request by the Utilities Director for the Board to approve an agreement with the City of Yerington, for the city to take over the ownership and operation of the Crystal Clear Water system, once the construction and acceptance of the new water system has been completed Utilities Director Mike Workman presented this item. He commented that he has met with the USDA regarding AB198 funding and received their approval. Comm. Hunewill made a motion to approve as presented. Comm. Goodman seconded and the 44. Discussion and possible action related to a request by the Utilities Director for the Board to approve 2 agreements; one between Dayton Valley Investors & River Vista Properties and the other between Dayton Valley Investors & Darrell Schue and authorize the Board to sign the agreements on behalf of the County Utilities Director Mike Workman presented this item. He commented that these are the result of a Supreme Court settlement agreement. Comm. Milz made a motion to approve as presented provided both parties sign the agreements. Comm. Goodman seconded and the 45. Discussion and possible action related to a request by the Utilities Director for the Board to approve a policy that would allow the use of small amounts of County owned water for small commercial projects within the Dayton Valley Water System service area Utilities Director Mike Workman presented this item. He mentioned that the intent of this item is to be a short term process to help some of the small business owners while their water is tied up in circuit court. Comm. Milz made a motion to approve as presented with a water right value being established and the applicant paying all appraisal costs. Comm. Goodman seconded and the motion passed unanimously Discussion and possible action on approval of the final subdivision map for Canyon Estates, Phase 12A, located in Dayton, NV, not including road rights-of-way, which have been offered for dedication and may be accepted at a later date (a portion of APN ) Planning Director Rob Loveberg presented this item. He stated that the planning commission is recommending approval of this item. Developer Dwight Millard asked for approval of this item. He commented that this item keeps the tentative map alive. Based on the following findings: A. Is consistent with the applicable provisions of Lyon County Code and the Nevada Revised Statutes; B. Has met each of the required conditions of approval; C. Specifies that there is an offer of dedication to Lyon County of the road rights-of-way. Although not accepted for maintenance at this time. D. Will not be detrimental to the public health, safety, convenience and welfare; and E. Will not result in material damage or prejudice to other property in the vicinity Comm. Milz made a motion to approve the final subdivision map for Canyon Estates, Phase 12A, located in Dayton, NV. The Board of Commissioners does not accept the offer of dedication for road rights-of-way at this time, and Lyon County reserves the right to accept the offer of dedication at a later date. Comm. Goodman seconded and the motion passed unanimously Discussion and possible action on approval of the final subdivision map for Silver Sage Estates, located in Mason Valley, NV, not including road rights-of-way, which 223 December 18, 2008

7 have been offered for dedication and may be accepted at a later date (APN s & ) Planning Director Rob Loveberg presented this item. Comm. Hunewill asked if this was the subdivision with the drainage issues. Mr. Loveberg responded that it is not. Based on the following findings: A. Is consistent with the applicable provisions of Lyon County Code and the Nevada Revised Statutes; B. Has met each of the required conditions of approval; C. Specifies that there is an offer of dedication to Lyon County of the road rights-of-way although not accepted for maintenance at this time; D. Will not be detrimental to the public health, safety, convenience and welfare; and E. Will not result in material damage or prejudice to other property in the vicinity. Comm. Hunewill made a motion to approve the Final Subdivision Map for Silver Sage Estates, located in Mason Valley, NV. The Board of Commissioners does not accept the offer of dedication for road rights-of-way at this time, and Lyon County reserves the right to accept the offer of dedication at a later date. Comm. McPherson seconded and the motion passed unanimously Discussion and possible action on a request to amend the Bolton Village PUD Phasing Plan, from two phases to four phases (APN ) Planning Director Rob Loveberg presented this item. Carol Dotson of Wade Lakemont stated that the reason she is asking for approval of this item is that Point Legado is not yet complete. Bolton Village PUD will not begin until the time that Point Legado is complete. Based on the following findings: A. Is consistent with the original approval of the Bolton Village PUD; B. Is appropriate due to the recent uncertainty in the real estate market and to better integrate the Bolton Village PUD with the Point Legado project; C. Will not be detrimental to the public health, safety, convenience and welfare; and D. Will not result in material damage or prejudice to other property in the vicinity. Comm. Milz made a motion to approve the request for an amendment of the Bolton Village Planned Unit Development Phasing Plan for four phases. Comm. Goodman seconded and the 10:30 A.M. - Selection of Community Development Block Grant application to be forwarded to the State of Nevada for consideration (Action will be taken) Comm. Milz suggested moving forward the Silver Springs Mutual Water Company grant request and have the County provide funding for the Silver Springs Airport grant. Comm. Goodman made a motion to move forward the Silver Springs Mutual Water Company grant application. Comm. Hunewill seconded and the Comm. Goodman made a motion to move the community set aside grant forward. Comm. McPherson seconded and the 49. Discussion and review of the Art Wilson Company-Special Use Permit, special use permit issued March 2006 to expand existing mining facility to operate a mineral processing mill on approximately total acres; located off of Linehan Road, Mound House (APN ) Planning Director Rob Loveberg presented this item. He commented that this is an annual review and that Comm. Milz had asked to have this item heard prior to the end of the year. He stated that the permit holder continues to make improvements to the facility. 224 December 18, 2008

8 Comm. Milz asked to hear what improvements have been made Attorney David Robertson represented the applicant. He distributed a packet showing all of the improvements that have been made to the site. He commented that the applicant has spent approximately $250,000 to mitigate the odor issue. He mentioned that last week power was brought to the site to reduce the generator noise. Mr. Robertson asked that neighbors fill out a complaint form which contains time, date and nature of offense. This will help with eliminating the alleged odor and noise. To date the neighbors have refused to fill out this form. Mr. Loveberg reminded the Board that the agenda item calls for a review and not action. He also commented that the special use permit only addresses the Prill Plant and not the other operations on the site. Neighboring resident Ron Kipp stated that residents do not fill out the complaint form because they feel it will do no good. He also commented on the odor at the plant and asked the Board to consider changing the operation hours of the plant. Richard Gant of Mound House spoke of two issues. The first was the noise. He stated that there is still a significant amount of noise coming from the plant. He appreciates the installation of overhead power and would like to see the other generators on the site removed. Linehan Road resident Bill Cadwallader commented that this odor affects the property values and the future of this area. Comm. Hunewill asked how the temperature of the product is regulated and how those temperatures affect the odor being emitted. Victor Moan of Art Wilson Co. explained how the temperature of the product is regulated. He commented that a recording of the temperatures and actions of the regulator are just now being put into place. This will help determine what activities were being conducted at the time of the complaints. Art Wilson addressed the Board. He stated that his commitment is to make the plant odor and dust free. He feels that his company is continuing to make improvements. 50. Discussion and possible action to approve rates for waste disposal franchise fees County Manager Dennis Stark presented this item. He is asking for direction from the Board on the percentage of franchise fee to impose. Comm. Tibbals would like to see a two percent franchise fee. Comm. Milz reminded everyone that this is not a tax, it is a user fee. He is of the opinion that a five percent franchise fee would be sufficient. He also commented that with the new contract five percent would not increase the cost to the user. Comm. Goodman would like to see a one percent increase on a yearly basis for the next three years. Comm. Milz made a motion to increase the franchise fee effective January 4, 2009 by 2 percent and one percent per year for the following 3 years. At the end of five years have the option to review the franchise fees. Comm. McPherson seconded. There was discussion on the decrease shown in the budget implications. Comptroller Josh Foli stated that the cost to the user is decreasing therefore the amount of franchise fees being collected will decrease. Comm. Milz withdrew the motion. The Comm. McPherson concurred. 225 December 18, 2008

9 Comm. Milz made a motion to increase the franchise fee to four percent effective January 4, 2009 and put language in the contract to allow for review annually. Comm. Hunewill seconded and the motion passed by majority 4-1 (Comm. Goodman opposed). 51. Discussion and possible action to extend the contract with Clarion Associates, until August 31, 2009, for preparation of the Lyon County, Countywide Comprehensive Master Plan Planning Director Rob Loveberg presented this item. Comm. Hunewill made a motion to approve as presented. Comm. Goodman seconded and the RECESS TO CONVENE AS CENTRAL LYON COUNTY VECTOR CONTROL DISTRICT BOARD 52. Public Participation There was no public participation 53. Review and accept claims and financial report The cash balance as of December 15, 2008 was $554, Pay bills totaled $8.40 and there was no payroll. Comm. Goodman made a motion to accept as presented. Comm. Hunewill seconded and the ADJOURN TO CONVENE AS MASON VALLEY MOSQUITO ABATEMENT DISTRICT BOARD 54. Public Participation There was no public participation 55. Review and accept claims and financial report The cash balance as of December 15, 2008 was $130, There were no pay bills and payroll totaled $2, Comm. Hunewill made a motion to accept as presented. Comm. Goodman seconded and the ADJOURN TO CONVENE AS WALKER RIVER WEED CONTROL DISTRICT BOARD 56. Public Participation There was no public participation 57. Review and accept claims and financial report The cash balance as of December 15, 2008 was $102, Pay bills totaled $1, and there was no payroll. Comm. Hunewill made a motion to accept as presented. Comm. McPherson seconded and the ADJOURN TO CONVENE AS WILLOWCREEK GENERAL IMPROVEMENT DISTRICT BOARD 226 December 18, 2008

10 58. Public Participation There was no public participation 59. Review and accept claims and financial report The cash balance as of December 15, 2008 was $336, There were no pay bills or payroll. Comm. Hunewill made a motion to accept as presented. Comm. Goodman seconded and the ADJOURN TO CONVENE AS THE SILVER SPRINGS GENERAL IMPROVEMENT DISTRICT BOARD 60. Public Participation There was no public participation 61. Review and accept claims and financial report The cash balance as of December 15, 2008 was $3,390, Pay bills totaled $7, and there was no payroll. Comm. McPherson made a motion to accept as presented. Comm. Goodman seconded and the ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 62. Approve minutes Comm. Hunewill made a motion to approve the minutes of December 4, Comm. Goodman seconded and the The meeting was adjourned. LYON COUNTY BOARD OF COMMISSIONERS ATTEST: DON TIBBALS, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 227 December 18, 2008