Comm. Mortensen moved to adopt the agenda as presented. Comm. Alt seconded and the motion passed unanimously 5 0.

Transcription

1 June 1, 2017 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Bob Hastings, Vice-Chairman Joe Mortensen, Commissioners Greg Hunewill, Don Alt and Ken Gray. Also present: County Manager Jeff Page, District Attorney Steve Rye, Clerk/Treasurer Nikki Bryan and Deputy Clerk Donna MacGill. 1. Public participation Jessica Garcia of the Reno Gazette Journal/Mason Valley News expressed her appreciation to numerous people in Lyon County and said she has resigned from Reno Gazette Journal and Mason Valley News to take a job with the City of Reno. She thanked the Board of County Commissioners and Lyon County for their past support. She also expressed her appreciation to whoever was responsible for the sandbags in front of Mason Valley News. 2. For Possible Action: Review and adoption of agenda Comm. Mortensen moved to adopt the agenda as presented. Comm. Alt seconded and the motion passed unanimously Presentation of awards and/or recognition of accomplishments County Manager Jeff Page and the county commissioners presented Maureen Williss with a plaque for her 20 years of service to Lyon County. He said she has served under Steve Snyder, Rita Evasovic, Donna Kristaponis, Bob Hadfield, Dennis Stark and himself. She was originally going to retire in January 2018 but has accepted a job in Colorado and will be leaving now. He feels that Maureen has been an expert on the open meeting law and said she will be sorely missed. Jeff Page also acknowledged staff and the citizens of Lyon County for their work on reducing the threat of flooding in this end of the county. 4. Commissioners/County Manager comments Comm. Gray thanked the community for their hard work in mitigating the flood concerns. He also acknowledged Maureen Williss for her service to Lyon County. Comm. Mortensen expressed his disappointment on the five cent diesel tax not passing in the Legislature. Comm. Alt also commented on the diesel tax. He said you should contact Senator James Settelmeyer and let him know your concerns regarding this tax. He commented on a fire in Silver Springs where a 90 year old man was helping with his blade. He said 14 trucks responded and three out buildings were destroyed. He would like to see the Silver Springs fire station operating again. He would like it on the next agenda to see if it s possible to get the fire station operating. County Manager Jeff Page commented on the community advisory boards and the functionality of the boards. He also commented on the President s proposed budget and major cuts. He commented on the county s public guardian issues. County staff has been working on the new agenda program. He discussed other issues that will involve community meetings. Maureen Williss position will be filled. He said the Community Development Department is getting very busy. 5. Elected Official s report Sheriff Al McNeil commented on Lake Lahontan. He said the weekend went very smoothly. He said the Pershing County sheriff called and asked him if the people from Burning Man had contacted him regarding holding the event south of Lake Lahontan. He also said there will be a member of the National Guard working under the sheriff s department doing crime analyst work for them beginning July 11, There will be no cost to the county for their services. They will assist in monitoring phone calls in the detention center and monitoring social media traffic. The National Guard person will be working out of the Silver Springs Sheriff s office. 103 June 1, 2017

2 6. Appointed Officials comments Mike Workman gave out samples of cups and brochures the utility department passes out to encourage people to take better care of our water resources. Grease and flushable wipes flushed into the system create a large expense for the utilities. The water line project in Dayton is going quite well. It was about a $2.2 million dollar project and will significantly improve the water flows through the central part of their service area. He also commented on future development. He discussed future projects and adding additional capacity. He said that everything seems to be running smoothly. He said an upper booster pump well went down and will be up and operating by Monday. He also discussed effluent reuse and recharge. Lyon County Library Director Amy Geddes said the Federal Library Act is in danger of being defunded. That could result in a $50,000 loss in grant funding for the Lyon County libraries. It would defund the e-book program, the diversity programs and any special programs. She will keep the commissioners abreast of any updated information. Community Development Director Dave Snelgrove said that since January 1 st there has been an 80% increase for inspections on a daily average basis. There is only one inspector in the Dayton area and there are times when he has up to 20 inspections in a day. They have been in discussions with Central Lyon Fire, utilities and roads to try and coordinate their efforts as things get busier. He commented on customer service and code compliance. 9:30 A.M. PUBLIC HEARING BILL For Possible Action: An ordinance amending Lyon County Code Title 10, Chapter 18 Wireless Communications Facilities, Section 03, Part F to be amended to: All military, Federal, State, and local government communication facilities as a matter of land use throughout the unincorporated areas of Lyon County; and other matters properly related thereto. County Manager Jeff Page said this was proposed a month ago and is back today to take action. Comm. Mortensen moved to approve Bill 17-01, an ordinance amending Lyon County Code Title 10, Chapter 18 Wireless Communications Facilities, Section 03, Part F to be amended to: All military, Federal, State, and local government communication facilities as a matter of land use throughout the unincorporated areas of Lyon County; and other matters properly related thereto. Comm. Gray seconded and the motion passed unanimously Advisory Board reports There were no advisory board reports. **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 There were no Assessor s tax roll changes. 9. For Possible Action: Review and possible approval of business license applications: a. Acclaimed Inspection Services Inc.; Sweet, R. Kent; Sweet, Laurie K.; Acclaimed Inspection Services; 4305 Wild Eagle Terrace, Reno, NV; Inspector of Structures b. Crawford, Craig R.; Rep Plumbing, LLC; Beard Integrated of Nevada; 2528 Business Pkwy., Suite C, Minden, NV; Plumbing & Heating Contractor c. Frazier, Tom V., Jr.; Frazier, Veronika; Energized Electrical Systems, Inc.; 205 Steamboat Ct., Reno, NV; Electrical Contractor d. McNutt, Kenneth W.; Highland Electric and Lighting, LLC; 198 North C St., Virginia City, NV; Electrical Contractor f. Adams, Jeffrey D.; Adams, Lynn; JDA Construction LLC; 6504 Cone Peak Dr., Carson City, NV; Residential and Small Commercial Contractor 104 June 1, 2017

3 g. Ayers, Charles R.; Mr. Chuck s Driving Academy; 1308 Monte Rosa Dr., Carson City, NV; Classroom Driver s Education Training at Dayton High School h. Clifton, Scott M.; Scott M. Clifton; 34 Fairway Dr., Yerington, NV; Handyman Services 10. For Possible Action: Appoint Mr. James Christensen to the South Lyon County Hospital District to fill a vacant position (requested by SLCHD) 11. For Possible Action: Approve debt management policy and capital improvement plan for 2017/2018 (requested by Comptroller) 12. For Possible Action: Accept the low bid submitted by Cascade Drilling, LP for the sonic drilling and zone aquifer testing at Rolling A Well 21 for an amount of $161,675 with an additional $40,000 contingency to cover potential costs should the drilling exceed the known depth and authorize the Utilities Director to sign project related documents. This project was previously approved by the Board on December 15, 2016 (requested by Utilities Director) 13. For Possible Action: Removal of Mr. David Ray from the Lyon County Library Board of Trustees, due to missing three consecutive meetings, per NRS (5) (requested by Library Board) 14. For Possible Action: To waive permit fees for the Lyon County School District not to exceed $ for the construction of a Softball Team Club House on School District at Dayton High School. (Requested by Commissioner Hastings) 15. For Possible Action - Approve the revised Management Pay Plan effective July 1, 2017 (requested by Comptroller) 16. For Possible Action: Approve a three year contract for public defender services with three separate attorneys, Kenneth Ward, Wayne Pederson and Aaron Mouritsen at an amount of $185,400 each for the first year, and any increases to be negotiated on an annual basis (requested by District Attorney) 17. For Possible Action: Review and accept travel claims Travel claims totaled $2, and registrations totaled $3, For Possible Action: Review and accept County claims and financial report County claims totaled $1,282, and payroll totaled $1,086, Comm. Mortensen moved to approve the consent agenda, Items #8 through #18, as presented. Comm. Gray seconded and the motion passed unanimously 5 0. **END OF CONSENT AGENDA** PUBLIC HEARING ON PLANNING ITEMS 19. RIVERVIEW ELEMENTARY/LYON COUNTY SCHOOL DISTRICT SPECIAL USE PERMIT (for possible action) Request for a special use permit to utilize a commercial coach as a modular classroom for full day kindergarten and the addition of pre-kindergarten classes, on a acre parcel; located at 1200 Ferretto Parkway, Dayton (APN ) PLZ Planning Commission Recommendation: The Planning Commission voted unanimously to approve your request for a Special Use Permit for Lyon County School District, to allow a commercial coach in the E-1 zoning district, to be used as a modular classroom for full day kindergarten and the addition of pre-kindergarten 105 June 1, 2017

4 classes on acre parcel; located at 1200 Ferretto Parkway, Dayton (APN ) PLZ , based on the Findings as listed in the staff report and subject to eight conditions. Rob Pyzel explained this was a special use permit previously approved. The school is proposing adding a commercial coach for additional classroom space. The planning commission is requiring that the coach be anchored. He said it is in conformance with code. The planning commission recommended approval. Comm. Gray moved to approve RIVERVIEW ELEMENTARY/LYON COUNTY SCHOOL DISTRICT SPECIAL USE PERMIT to utilize a commercial coach as a modular classroom for full day kindergarten and the addition of pre-kindergarten classes, on a acre parcel; located at 1200 Ferretto Parkway, Dayton (APN ) PLZ with findings A. through D. as follows: A. Is consistent with the general purpose and intent of the applicable zoning district regulations; B. Will not cause an adverse, visual impact to the surrounding area; C. 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 includes 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. 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. and the eight conditions as follows: 1. Compliance with the following conditions of the previous special use permit (SUP-30-06): 2. The applicant shall comply with all applicable fire, building, zoning and improvement code requirements, including: a. The commercial coach shall be anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effect of buoyancy to the approval of the Community Development Director prior to the final inspection of the commercial coach. 3. If outdoor lighting is provided, it shall comply with the outdoor lighting requirements of Chapter if the Lyon County Code. 4. 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. 5. The applicant shall acquire all State permits and obtain all necessary public inspections. 6. Any modification, expansion, intensification or material change in use or operation shall require an application for, and public hearings on an expansion of legal non-conforming use pursuant to Lyon County Code. 7. 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. 8. Annual review The special use permit is subject to annual review by Lyon County. Comm. Mortensen seconded and the motion passed unanimously 5 0. **END OF PLANNING APPLICATIONS ** 106 June 1, 2017

5 REGULAR AGENDA 20. For Possible Action - Approve the fee resolution for all Lyon County Departments for 2017/2018 County Manager Jeff Page said he was asked to compare the fees to surrounding counties. There has been no feedback from the developers. We are comparable to Storey County. The building permit fee is following the international building code. Comm. Gray had concerns with the fees being raised all at once. He feels the fees should be increased over a period of time rather than a large increase all at once. Josh Foli said the budget was built with the new fees. He feels businesses locate because of location; fees are not usually an issue. The commissioners expressed their comments. Jeff Page said the development community appears to be accepting of the increased fees. The fees may affect owner-builders. Comm. Alt moved to approve the fee resolution as presented. Comm. Mortensen seconded and the motion passed 4 1. Comm. Gray was opposed. District Attorney Steve Rye said there is no need for a business impact statement. 10:00 A.M. PUBLIC HEARING Bill For Possible Action: An ordinance adding Title 8, Chapter 3, Section 14, to prohibit possessing or consuming marijuana in vehicle on highway; setting forth the areas where marijuana may be kept in vehicle; providing for penalty and providing definitions; and providing for other matters properly relating thereto. District Attorney Steve Rye presented. He explained that the City of Fernley enacted an ordinance that is very similar to this ordinance. It will aid in law enforcement and hopefully reduce the number of DUI s. Colorado and Washington adopted laws that prohibit this conduct. He asked that the commissioners adopt the ordinance with the recommended changes. This will make it consistent with all areas of the county. Sheriff Al McNeil said the sheriff supports this Bill as presented. Comm. Gray moved to approve Bill 17-02, an ordinance adding Title 8, Chapter 3, Section 14, to prohibit possessing or consuming marijuana in vehicle on highway; setting forth the areas where marijuana may be kept in vehicle; providing for penalty and providing definitions; and providing for other matters properly relating thereto, including the three changes included in the proposal as described by the District Attorney. Comm. Mortensen seconded the motion. Ruth Smith asked about Item E of the ordinance. Janet Steeper also wanted clarification of Item E. Steve Rye said it is the language taken right out of the initiative and the legislation that was adopted. It would only exclude items that could not be consumed. Sheriff Al McNeil said the edible component has THC in it. Comm. Alt said he feels we are violating federal law and feels it should be a lot more restrictive. Comm. Hastings called for the vote and it passed 4 1. Comm. Alt was opposed. 107 June 1, 2017

6 21. For Possible Action: Accept the updates made by Taggart & Taggart, LTD and reviewed by the Lyon County District Attorney to the Lyon County Utilities Water Rights Banking Agreement that will be used in the Dayton Valley Water System service area Utilities Director Mike Workman presented. Taggart & Taggart, LTD is the current water rights attorney for the county. They have worked with District Attorney Steve Rye and have revised the water banking agreement. Previous developers used the banked water rights as collateral for large loans and did not disclose that to the county. The language has been tightened up in the agreement. The water is deeded over to the county for future development by the developer. It covers surface and ground water rights. Comm. Gray moved to accept the updates made by Taggart & Taggart, LTD and reviewed by the Lyon County District Attorney to the Lyon County Utilities Water Rights Banking Agreement that will be used in the Dayton Valley Water System service area. Comm. Mortensen seconded the motion. Janet Steeper asked about the number of people the Dayton Valley could allow. Mike Workman commented on the number of acre feet of water rights the county has in the Dayton area. He said we are in extremely good shape. Comm. Hastings called for the vote and the motion passed unanimously :45 A.M. TIME CERTAIN For Possible Action: Approve an agreement with the Lyon County Employee s Association for 2 years County Manager Jeff Page said this agreement makes it fair across the board as far as wage increases. Comptroller Josh Foli said the contract does incorporate the compensation study. The increased cost for the employee s association will be approximately $484 thousand for the first year and about $204 thousand for the second year. They established the top and bottom of the salary ranges. Comm. Mortensen moved to approve the two (2) year contract with the Lyon County Employee s Association effective July 1, Comm. Hunewill seconded and the motion passed unanimously For Possible Action: To discuss the changing of hours of the Board of Commissioners Meetings from a 9:00 AM start to a 5:00 PM start County Manager Jeff Page explained the pros and cons if the commissioners meetings times were changed. Comm. Mortensen was opposed to the change. He said there are concerns with late night driving if the hours were changed. Comm. Gray said he would like quarterly rotations around the county possibly on a trial basis. Comm. Alt is opposed to the time change. When there are issues that affect people they do attend the meeting. Comm. Hunewill is also opposed to changing the meeting time. Comm. Hastings is in favor of the time change. He feels we are eliminating people from being active in the meetings. Comptroller Josh Foli commented on the additional costs involved if the meetings were moved around the county. Jeff Page said any change would need to be properly planned and properly noticed. 108 June 1, 2017

7 Comm. Gray moved to table Item #22 until the first meeting in July. Comm. Hastings seconded the motion. Jim Dunlap suggested possibly trying the rotation around the county for about three months and see if it makes a difference in the public attendance. Maryann Sichak said her observation is that there are several who come on a regular basis. In her opinion it may have an opposite effect and discourage people from attending if the meetings were held in the evening. Ruth Smith of Dayton said she is happy with Ken Gray s and Bob Hastings opinions but is happy with holding the meetings in different locations. Andy Sichak of Dayton explained his experience of attending meetings and feels that if people are interested in what is being discussed they will attend. Larry Smith of Dayton supports moving the meetings to afternoon and grouping agenda items by importance. Doug Bennett of Silver Springs said the times of the town advisory board meetings need to be considered. Comm. Gray amended the motion to table the item until the second meeting in July. Comm. Hastings said the second stands. Dave Crosby said they should come up with a plan that works with the other evening meetings. Comm. Hastings called for the vote and it passed 3 2. Comm. Alt and Comm. Mortensen were opposed. 11:00 A.M. TIME CERTAIN - For Possible Action: Presentation of flood preparedness, response and recovery reference to the January 2017 flood event in Central Lyon County and current activities in the Walker River Basin County Manager Jeff Page discussed challenges being faced with flood concerns. He discussed the 2005 flood event in Dayton. There are limits of what can be done to private property. He discussed roadside drainages and commented on a possible 7 cent property tax to deal with flooding issues. He discussed people purchasing flood insurance. He will be bringing an ordinance regarding Central Lyon County that would deal with roadside drainage. He explained FEMA and the priority list. He discussed emergency fund language and the Walker River corridor. He talked about what to do if there is another winter similar to this year. He discussed cleaning the silt out of the detention basins and the roads that need repairs due to flooding. He encouraged people to keep their flood mitigation efforts in place until the end of July. He also discussed gnats or black fly issues due to flooding. We may need to look at properties that are in flood zones and what kind of growth that will be allowed. Ruth Smith wants to know if there is a time frame on dealing with flood issues. Doug Bennett of Silver Springs discussed culverts being dug up and removed. Michael Hoffman of Dayton appreciates what the county has done but was wondering what would happen if he diverts the water to protect his home. 23. Commissioner Comments Comm. Hunewill commented on Wilson Canyon and the trash that has been left behind after Memorial weekend. Comm. Gray apologized for his nay vote on Item #20. He requested staff to prepare a public nuisance report to keep the commissioners apprised to what is happening. He also requested 109 June 1, 2017

8 staff to encourage NDOT to install flashing posts at crosswalks in Dayton on Highway 50 at the Gold Ranch. Utilities Director Mike Workman said they have asked NDOT to install them and the cost is about $6,500. It will be a major project when NDOT starts the project. 24. For Possible Action: Approve Minutes (available in the Clerk/Treasurer s Office) Comm. Hunewill moved to approve the minutes of May 18, 2017 as presented. Comm. Alt seconded and the motion passed Public participation There was no public participation. 26. 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 (requested by District Attorney) 27. Closed Session for labor relation discussion as allowed under NRS Adjourn The meeting was adjourned. LYON COUNTY BOARD OF COMMISSIONERS ATTEST BOB HASTINGS, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 110 June 1, 2017