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

Transcription

1 February 21, 2013 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Joe Mortensen, Vice-chair Ray Fierro, Commissioners Virgil Arellano, Vida Keller and Bob Hastings. Also present: County Manager Jeff Page, Chief Deputy District Attorney Steve Rye, Clerk-Treasurer Nikki Bryan and Deputy Clerk Joanne Sarkisian. 1. Public participation 2. Review and adoption of agenda Comm. Fierro made a motion to approve the agenda as presented. Comm. Keller seconded and the motion 3. Awards and Presentations There were no awards or presentations at this time. 4. Commissioners/County Manager comments Comm. Fierro spoke of a recent Carson Water Subconservanacy District meeting. The Bureau of Reclamation is looking at the possibility of exchanging water rights from the Carson River to the Truckee River. Comm. Arellano reminded the Board that the hearing on the National Fish and Wildlife Foundation application will be held in July. Comm. Mortensen mentioned that difficulty at the legislature is getting the legislators to understand the proposed bill drafts. He then commended the assessor s office for the work done at the Board of Equalization hearings. County Manager Jeff Page commented that he has been participating at the state legislature. He mentioned that AB18 is being amended by NDOT. They are looking at the possibility of transferring maintenance of two portions of state highway to the county. This would severely impact road maintenance in Lyon County. He also mentioned that NACO is neutral on the bill with regards to the amendments. There has been no testimony to this point on AB 2 which addresses home rule. George Benesch, the attorney handling water rights, is filing the appropriate paperwork with regards to the NFWF application. The second meeting in March will be an evening meeting and workshop with the fire districts to discuss general county land. 5. Elected Official s report Public Administrator Delores Munro spoke in opposition of AB51. She commented that it will create a budget impact for Lyon County if it is passed. 6. Appointed Officials comments Comptroller Josh Foli has received the projected revenues from the state for the next fiscal year. Consolidated tax will be slightly higher although property tax revenue will be approximately $200,000 lower than the current year. He anticipates a budget deficit of approximately $700,000 to $800,000. He will get the next set of figures on March 15, Advisory Board reports Scott Keller gave an update on the Central Lyon County Parks and Recreation Board. He mentioned all of the projects that have been completed in the past nine months. 148 February 21, 2013

2 **CONSENT AGENDA** 8. Approval of changes on Assessor s tax roll due to corrections in assessments and review of tax roll changes Unsecured factual corrections totaled $ and secured property factual corrections totaled $ Review and possible approval of business license applications: a. Shaw, Grace M.; Career and Life Skills Consulting; 223 Ring Rd., Dayton, NV; Career and Life Skills Consulting b. Paine, David M.; Paine, Catherine; Paine, David R.; D.P. Industries Inc.; 16 Kit Kat Dr., Mound House, NV; Manufacture Aircraft Hangar Doors c. Lubbe, Gregg E.; Lubbe, Shelly M.; Escapade Procurement Co.; Epic;17 & 19 Hwy 95A, Yerington, NV; Change to Corporation from LLC d. Hembree, Gary W.; Gary W. Hembree Construction; 306 Ruby Ln., Carson City, NV; General Contractor e. Kingsland, Christopher J.; Kingsland, Jackie M.; K and H Consulting, LLC; Majestic Marble & Tile; 27 Affonso #A, Mound House, NV; Change Location f. Murphy, Ryan C.; Murphy s Concrete; 14 Majestic Oak Dr.; Dayton, NV; Concrete Contractor g. Zemp, Peter A.; North Star Construction; 1832 Calash Dr., Carson City, NV; Residential and Small Commercial Contractor h. Stout, James; Stout, John; Stout Building Contractors, LLC; 1380 West 50 South, Centerville, UT; Residential and Small Commercial Contractor i. Robnett, Lonnie R.; Robnett, Eric J.; Nevada Heating, Air Conditioning, and Plumbing, Inc.; 790 Louise St., Reno, NV; Furnace, Air Conditioning, Fireplace Installation j. Mueller, Mitzi A.; The Hair Express; 45 Silver St., Dayton, NV; Hair Salon k. Garcia, Jeffrey M.; Garcia, Kealoha S.; SV Internet; 2827 Hwy. 208, #442, Wellington, NV; Internet Service Provider l. Burns, Ronald N.; Truckers TJ; 100 Hoye Canyon Rd., Wellington, NV; Tool Sales m. Lubbe, Gregg E.; Lubbe, Shelly M.; Escapade Procurement Co.; Walker River Depot; 17 &19 Hwy 95A, Yerington, NV; Change to Corporation from LLC 10. Approve acceptance of Justice Assistance Grants 09-JAG-41 in the amount of $102, and 09-JAG-42I in the amount of $11, (requested by Sheriff s Office) 11. Approve the creation of two Buildings and Grounds Superintendent positions (requested by County Manager) 12. Review and accept travel claims Travel claims totaled $1, and registrations totaled $ Review and accept County claims and financial report County claims totaled $522, and payroll totaled $1,145, Comm. Hastings made a motion to approve the consent agenda as presented. Comm. Fierro seconded and the motion **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 14. Public participation 15. Review and possible approval of liquor license application: a. Johnson, Gary P; Dollar General #13524; 1105 Lake Street, Silver Springs, NV; Retail 149 February 21, 2013

3 packaged Goods Comm. Fierro made a motion to approve as presented. Comm. Arellano seconded and the motion passed unanimously 6-0 (Undersheriff Torres was present). 16. Public participation ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 17. LYON COUNTY / SHARON HUNT ANDERSON 1997 TRUST / GREATER NEVADA CREDIT UNION AMENDED ABANDONMENT (CONTINUED FROM THE JANUARY 7, 2013 BOARD OF COMMISSION MEETING) (action may be taken) Request by Lyon County to amend and correct an abandonment action recorded on May 6, 1996 as Document No , on a portion of an approximately 1.52 acre parcel located at 50 Fourth Avenue, Dayton (APN ) and an approximately 3.89 acre parcel located at 555 North Highway 50, Dayton (APN ) PLZ Planning Director Rob Loveberg presented this item. He mentioned that this item is to correct a legal description for rights-of-ways that were intended to be abandoned. This was brought to the attention of the planning department based on a legal description discrepancy discovered during a survey of the Greater Nevada Credit Union property. Amending the existing abandonment will clear up this discrepancy. Dayton resident Sharon Hunt Anderson is the owner of the adjoining parcel. She submitted a letter from RP Surveying which outlines the history of the subject and adjoining parcels. She mentioned that she is not a party to this action or the applicant although she is opposed to the action at this time. Dayton resident Gary Schmidt addressed the Board and spoke on behalf of Sharon Anderson Hunt. He will be requesting a continuance of this item at the end of this topic. He is not opposed to the application nor is he supporting it. His concern is with the process that is being used to correct the legal description. Mr. Schmidt would like to have a legal opinion from the district attorney with regard to changing an abandonment that is almost twenty years old. There have been many actions since the date of the abandonment that have all had the correct legal description. Due to this he believes there is no problem that needs to be corrected. Jack Randell of RP Surveying stated that the survey only represents the metes and bounds of the deed coverage detailed in the original abandonment. It is his finding that the original abandonment does not create a problem that needs to be addressed. Chief Deputy District Attorney Steve Rye stated that he will not be offering a legal opinion. He is of the opinion that the item can be denied and the two parcel owners can determine the best course of resolution. Rick Christian of Denson Surveying stated that he is working on a survey on behalf of Greater Nevada Credit Union. It is his finding that there is an adjustment that changes the abandonment by approximately 20 feet to the east. This creates access issues to Fifth Avenue. Holly Villines of the Lyon County Assessor s office commented that this was originally brought to her attention by a title company doing a title search for Greater Nevada Credit Union. She has done research on the item and is in agreement with Mr. Christian. Comm. Arellano made a motion to continue this item to the next regular meeting on March 7, Comm. Hastings seconded and the motion 18. Discussion and possible action to appoint members representing Stagecoach and Mound House to the Central Lyon County Parks & Recreation Advisory Board, with terms expiring December 31, February 21, 2013

4 Comm. Fierro made a motion to appoint Penny Slattery and Bob Froland with terms expiring December 31, Comm. Keller seconded and the motion 19. Discussion and possible action to appoint a member to the Mason Valley Swimming Pool District, with a term expiring December 31, 2014 Comm. Arellano made a motion to appoint David Ray with a term expiring December 31, Comm. Fierro seconded and the motion 20. Discussion and Possible action to transfer APN from Lyon County to Study Honey Holdings, LLC Yerington 115 Series and authorize Chairman to execute deed (requested by Study Honey Holdings) Chief Deputy District Attorney Steve Rye presented this item. He mentioned that this is a clean up item from the transfer of the Crystal Clear Water Company. This parcel was owned by the water company and the county has no need for it. In exchange for a utility easement that is needed by the City of Yerington, this parcel will be deeded to Study Honey Holdings, LLC. He feels it is appropriate to transfer with no monetary impact based on the fact that the City of Yerington will be benefiting. Public Works Director Mike Workman mentioned that this was supposed to come forward with the transfer of Crystal Clear and was overlooked. Comm. Arellano made a motion to approve as presented. Comm. Keller seconded and the motion 21. Discussion and possible action to waive application fee for Ms. Jeannie Horner to apply for the Village Mixed Use Zoning. Ms. Horner s property is currently zoned C1 (APN: ) Planning Director Rob Loveberg presented this item. He stated that the applicant would like to be included in the Village Center Mixed Use zoning district changes that are currently being done in groups at no fee. The subject parcel is not in the same classification as those parcels. If the Board chooses to approve this request it will set a precedent for all future zone change requests. He is recommending denial of this item. Comm. Fierro made a motion to deny the fee waiver request since the property does not conform to the parameters of the program approved by the Board of Commissioners for the implementation of the Village Center Mixed Use zoning district. Comm. Mortensen seconded and the motion 22. Discussion and possible action to approve Lyon County Administrative Policy and Procedure 1-7 Jail Quarterly Inspection and the POOL/PACT Inspection form (requested by Commissioner Fierro) County Manager Jeff Page stated that there have been several attempts to meet the requirements of NRS There are concerns with documentation of the inspections. POOL/PACT has a form available for that use. The sheriff has concerns with some of the items on the form feeling that they are operational matters. The decision today is to use the provided form or create a new form that meets the concerns of the sheriff. Comm. Fierro believes that the quarterly inspections need to be documented and does not see any issues with the form provided by POOL/PACT. There was discussion on the contents of the form. County Manager Jeff Page recommends approving the policy and allowing staff, Comm. Fierro and the sheriff to meet and discuss the contents of an inspection form. 151 February 21, 2013

5 Comm. Fierro made a motion to approve the policy and procedure 1-7 Jail Quarterly Inspection. The inspection form is to be discussed with the county manager, sheriff and Comm. Fierro to determine the contents. Comm. Arellano seconded and the motion 23. Discussion and possible action to appoint Commissioner Hastings to the Lyon County Planning Commission (ex-officio) and appointing Commissioner Keller as alternate (requested by Commissioner Keller) Comm. Keller stated that when appointments were made Comm. Hastings was uncertain of his time constraints. He has since determined that the time is available. She is currently the exofficio to the planning commission with Comm. Hastings as alternate. At this time she would like to become the alternate and allow him to be the ex-offcio. Comm. Fierro made a motion to approve as presented. Comm. Mortensen seconded and the motion 24. Discussion and possible action regarding AB 51 and having the Lyon County District Attorney serve as public administrator (requested by District Attorney Auer) County Manager Jeff Page began by stating that he has never commented that the fiscal impact of this bill would be between $50,000 and $100,000. He went on to mention that there were three public meetings regarding a proposed bill draft. During all three of these meetings Chief Deputy District Attorney, Mark Krueger, was in attendance and made no comments regarding this topic. Mr. Page also stated that there are no accusations of wrong doing against the existing public administrator. Chief Deputy District Attorney Steve Rye stated that currently there is no budget in the district attorneys office to pay for this position. Another concern is that there is no skill or knowledge of the position by anyone in his department. Another concern is that should any accusations arise it could create a conflict with legal and statutory functions. Mr. Rye requested that the Board review their position on this bill, determine whether funding should go to other functions and consider withdrawing the bill request. Public Administrator Delores Munro stated that the fees she collects are based on the type of probate that each of the estates must follow. She also mentioned that the fees she collects are below $50,000 annually. She reiterated that she is opposed to AB 51. Ms. Munro would like to be able to have additional deputies. This would free up some of her time to perform all of the necessary paperwork. She would appreciate it if on indigent cases the district attorney s office could perform some of the paperwork rather than hiring an attorney which adds additional fees. County Manager Jeff Page stated that if this bill were to pass it would not be in effect until Any person that chooses to run for the position of district attorney at the next election would know that this position was under jurisdiction of that office. Ms. Munro has a concern with the fiscal impact of the proposed bill. She also believes that if the district attorney does not want this position in his control it should not be pushed on that office. Comm. Mortensen is concerned with the fiscal impact this could create. Comm. Fierro commented that the process should continue. After testimony, the legislature can make decisions based on the facts that are submitted. Comm. Arellano made a motion to withdraw AB51 from any further consideration. Comm. Mortensen seconded and the motion passed by majority 4-1 (Comm. Fierro opposed). RECESS TO CONVENE AS CENTRAL LYON COUNTY VECTOR CONTROL DISTRICT BOARD 152 February 21, 2013

6 25. Public Participation 26. Review and accept claims and financial report The cash balance as of February 19, 2013 was $533, There were no pay bills or payroll. 27. Public Participation ADJOURN TO CONVENE AS MASON VALLEY MOSQUITO ABATEMENT DISTRICT BOARD 28. Public Participation 29. Review and accept claims and financial report The cash balance as of February 19, 2013 was $250, Pay bills totaled $48.27 and payroll totaled $3, Public Participation ADJOURN TO CONVENE AS WALKER RIVER WEED CONTROL DISTRICT BOARD 31. Public Participation 32. Review and accept claims and financial report The cash balance as of February 19, 2013 was $99, Pay bills totaled $26.07 and there was no payroll. 33. Public Participation ADJOURN TO CONVENE AS THE WILLOWCREEK GENERAL IMPROVEMENT DISTRICT 34. Public Participation 35. Review and accept claims and financial report 153 February 21, 2013

7 The cash balance as of February 19, 2013 was $96, Pay bills totaled $80.00 and there was no payroll. 36. Public Participation ADJOURN TO CONVENE AS THE SILVER SPRINGS GENERAL IMPROVEMENT DISTRICT BOARD 37. Public Participation 38. Review and accept claims and financial report The cash balance as of February 19, 2013 was $1,247, Pay bills totaled $6, and there was no payroll. 39. Public Participation ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 40. Commissioner Comments Comm. Fierro finds it troubling that this is the second time that a bill proposed by Lyon County is being withdrawn. In the future he hopes the Board will improve on the process it uses to select their bill draft requests. Comm. Keller stated that AB 18 needs to be followed very closely. 41. Approve Minutes of February 7, 2013 Comm. Fierro made a motion to approve as presented. Comm. Keller seconded and the motion 42. Public participation The meeting was adjourned. BOARD OF LYON COUNTY COMMISSIONERS ATTEST: JOE MORTENSEN, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 154 February 21, 2013