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

Transcription

1 June 7, 2012 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Chuck Roberts, Vice-chair Ray Fierro, Commissioners Virgil Arellano, Joe Mortensen and Vida Keller. Also present: County Manager Jeff Page, Chief Deputy District Attorney Mark Krueger, Clerk-Treasurer Nikki Bryan and Deputy Clerk Joanne Sarkisian. 1. Public participation There was no public participation. 2. Review and adoption of agenda Comm. Mortensen made a motion to approve the agenda as presented. Comm. Fierro seconded and the motion passed unanimously Presentation of awards and/or recognition of accomplishments There were no awards or recognitions at this time. 4. Commissioners/County Manager comments County Manager Jeff Page provided the Board with a copy of the district court order that pertains to item #32. He also met with the adjoining property owners of the Mira Vida property to discuss the PUD. The property is currently in the process of being purchased by Lyon County. 5. Elected Official s report District Attorney Bob Auer spoke of the proposed ordinance submitted by the district court judge. He was asked by the judge to review the document. He informed the judge that it would be a conflict of interest to review it and directed him to the attorney general s office. Sheriff Allen Veil gave the statistics of his department for the month of May He reported on two shootings that took place over the weekend. He then reported that the Tri-net and gang unit grants have been severely reduced. The reduction is the amount of a full salary and he is now waiting to hire a patrol position so that the task forces can remain whole. 6. Appointed Officials comments Human Services Director Edrie LaVoie updated the Board on recent NACO meetings. She spoke of the strategies that should be used to inform commissioners across the state of the impact the state push downs will have on the counties. She mentioned the importance of attending the sessions regarding this issue at the next NACO conference. There was discussion on the need for a workshop to discuss how Lyon County will deal with the impacts. Comptroller Josh Foli informed the Board that during a recent power outage the internet connection and dispatch center were out of service. A generator was taken to the site in order to restore service. The IT department and facilities has since put in a permanent generator. He then spoke of the document scanning process. The comptroller s office is the first department to begin the process. The goal will be to have all County documents viewable through the same software. Public Works Director Mike Workman informed the Board that the job opening for a heavy equipment mechanic only led to 3 interviews and no new hire. He has now reopened the application process and will have interviews on July 9, Planning Director Rob Loveberg stated that the consolidated development code update is being worked on. He also stated that the Silver Springs airport master plan update is moving forward. The planner on the project recently retired and the new planner is being brought up to speed so that the scope of services can be completed and submitted to the FAA. 1 June 7, 2012

2 7. Advisory Board reports There were no advisory board reports. **CONSENT AGENDA** 8. Approval of changes on Assessor s tax role due to corrections in assessments and review of tax roll changes There were no assessor s tax role changes. 9. Review and possible approval of business license applications: a. Norris, Byron; Norris, Alicia; B & D Handyman; 5535 Shoshone Dr., Stagecoach, NV; Handyman b. James, Charles; Von Batsch, Erich; Baron s RV & Storage, LLC; Baron s RV & Boat Storage; 20 Newman Ln., Mound House, NV; Add Budget Truck Rental to Existing Account c. Guerrero-Guerrero, Carlos; Carlos Guerrero Clothing; 407 N. West St., #B, Yerington, NV; Change Location and Name d. Cashman, MaryKaye; Pack, Michael C.; Cashman Equipment Company; Cashman Equipment Company; 3300 St. Rose Parkway, Henderson, NV; Equipment Repair at Mines e. Cram, Chela; Cram Yard Services LLC; Cram Yard Services LLC; 354 Sutro Springs Rd., Dayton, NV; Debris Removal, Yard Clean Up, Tractor Service f. Bass, William C.; DG Strategies I LLC; Dollar General #13524; 1105 Lake Ave., Silver Springs, NV; Retail Store; License is Contingent Upon Receiving Approval by Health, Building, and Fire Inspectors g. Kaldor, Kalvan K.; K-T Ranch; 2090 Fox St., Silver Springs, NV; Add Sales of Packaged Meats and Delivery Service h. Millett, Joe D.; J. Millett Construction Co.; 535 Cambridge Ct., Carson City, NV; Residential and Small Commercial Contractor i. Talbott, Larry; Larry Talbott; 50 Acciari Rd., Smith, NV; Computer & Communications Training j. Raines, Gary; Lawns Plus; 940 Red Rock Rd., Fernley, NV; Landscaping & Excavating Contractor k. Lytle, Rex E.; Lytle, Emmalean; Lytle Signs, Inc.; 1925 Kimberly Rd., Twin Falls, ID; Installation of Signs l. Miller, James I., Ahner, Dawn D.; Eastern Sierra Medical Group; Renown Health Medical Group; 3595 Hwy 60 West, Ste. 1, Silver Springs, NV; Change Name m. Swanson, James, K.; Swanson, Janet K.; Swanson RV Storage; 8 Cash Dr., Mound House, NV; RV Storage n. Sullivan, Glen D.; The Back Office; 2745 Ramsey St., Silver Springs, NV; Drafting & Consulting Service o. Catalano, Michael A.; Ryan, Patrick A.; The Butcher s Choice of Nevada; 2555 Dickerson Rd., Reno, NV; Delivery & Sales of Frozen Food p. Smith, Stanley T., Smith, Shawna L.; Tiki Island LLC; Tiki Island LLC; 3035 Erin Dr., Sparks, NV; Floating Concession Boat on Lake Lahontan 10. Accept resignation from Mr. Phil Rutherford from the Silver Springs Advisory Board and authorize advertisement (requested by Mr. Rutherford) 11. Accept resignation from Mr. Murry Walker from the Stagecoach Advisory Board and authorize advertisement (requested by Mr. Walker) 12. Approve a contract with Facilities Management Inc. to build 200 ft of footing for a wall at the Dayton Events Center (requested by Parks Department) 13. Approve sub-award agreement to receive a National 4-H Council grant in the amount of $29, (requested by 4-H Cooperative Extension) 2 June 7, 2012

3 14. Approve sub-award agreement to receive a National 4-H Council grant in the amount of $16, (requested by 4-H Cooperative Extension) 15. Adopt a resolution authorizing the transfer of funds for FY from various line items, including Contingency, within the General Fund as authorized by NRS (requested by Comptroller) 16. Approve a one year contract with Kathy Terhune for court reporting services in the amount of $43,000 (requested by Kathy Terhune) 17. Approve a one year contract with Tonja Gill Lemich for court reporting services in the amount of $49,000 (requested by Tonja Gill Lemich) 18. Approve a contract between Lyon County and Rolf Jensen & Associates, Inc., Fire Protection Specialists, for special inspection testing services, for the Lyon County Justice Complex, in the amount of $28,850 (requested by County Manager) 19. Review and accept travel claims Travel claims totaled $1, and there were no registrations. 20. Review and accept County claims and financial report County claims totaled $3,264, and payroll totaled $2,075, Comm. Mortensen made a motion to approve the consent agenda as presented. Comm. Fierro seconded and the motion passed unanimously 5-0. **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 21. Public participation There was no public participation. 22. Review and possible approval of temporary liquor license applications: a. Tri-County Rodeo; Rodeo Events; Dayton Arena, Schaad Lane, Dayton, NV; Temporary Liquor Permit for: June 16, 2012 Comm. Fierro made a motion to approve as presented. Comm. Mortensen seconded and the motion passed unanimously 6-0 (Sheriff Veil was present). 23. Review and possible approval of liquor license applications: a. Smith, Stanley; Tiki Island; Lake Lahontan; Retail Packaged Goods Comm. Fierro made a motion to approve as presented. Comm. Mortensen seconded and the motion passed unanimously 6-0 (Sheriff Veil was present). b. Bass, William C; Dollar General #13524; 1105 Lake Ave., Silver Springs, NV; Retail Packaged Goods; Liquor License is Contingent Upon Receiving a Clear Federal Investigation Comm. Fierro made a motion to approve contingent upon a satisfactory federal investigation. Comm. Mortensen seconded and the motion passed unanimously 6-0 (Sheriff Veil was present). 24. Public participation There was no public participation. RECESS TO RECONVEYNE AS THE LYON COUNTY BOARD OF COMMISSIONERS 3 June 7, 2012

4 9:45 A.M. Public Hearing Discussion and possible action related to a request by the Public Works Director to close Bridge #B-375 which is located on the Dayton Toll Road, approximately 1 mile southeast of Highway 341, and apply for grant funding to replace the bridge Public Works Director Mike Workman presented this item. He stated that this bridge received a zero rating by NDOT last year. NDOT has a 100 day noticing requirement that Lyon County failed to meet. Re-noticing took place and Lyon County was informed that the bridge must be closed. The original plan was to put a gate on the bridge to allow access only to residents and emergency personnel. He was then informed that if the bridge was not closed by Monday, May 28, 2012 federal funding would not be received for the project. He had a crew remove the bridge and put a 50 inch culvert in place. There are residents below the bridge and emergency access cannot be completely removed. He and is currently working on grant funding to replace the bridge. Comm. Roberts asked for and received no public comment. 10:00 A.M. Time Specific Discussion and possible action on presentation by Nevada Department of Transportation on the FY Transportation System Projects for Lyon County, Nevada NDOT Assistant Director of Engineering Bill Hoffman presented this item. He requested feedback from the Board on ways to improve the roads in Lyon County. Mr. Hoffman then gave details of the proposed transportation projects for the fiscal years He spoke of funding and the possibility of reduced revenues. Comm. Arellano made a motion to approve the proposed project as presented. Comm. Mortensen seconded and the motion passed unanimously 5-0. ITEM #28 WAS HEARD AT THIS TIME 11:00 A.M. Public Hearing - Bill No an ordinance amending Lyon County Code Title 5, Business and License Regulation, Chapter 1, General Business and License Provisions, and other matters related thereto Lyon County Clerk & Treasurer Nikki Bryan presented this item. She stated that currently code requires all business license fees of $100 or less be paid in one installment. With the recent fee change, the amendment will require all fees of $150 or less be paid in one installment. Comm. Mortensen made a motion to approve as presented. Comm. Arellano seconded and the motion passed unanimously DESERT ENGINEERING / CHICO, JAMES & JENNIFER, TRS - SPECIAL USE PERMIT (for possible action) Request to modify an existing Special Use Permit, originally issued November 5, 1999, to expand the operation of an existing rock, sand and gravel facility by adding a concrete batch plant, increasing the size of the pit areas, initiating blasting operations, and expanding the hours of operation; all on approximately total acres; located at 26 East Pursel Lane, Yerington (APN ; & ) PLZ Planning Director Rob Loveberg commented that currently there is no easement with BLM and the County cannot direct them to use Cremetti Lane. He is recommended removing the last sentence of condition #9 which directs the use of that road. Based on the findings that the proposed use at the specified location: A. is a continuation of a previously approved and operating use through Lyon County s special use permit process B. is consistent with the general purpose and intent of the applicable zoning district regulations; 4 June 7, 2012

5 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 preserve the character and integrity of adjacent development and neighborhoods or include 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. Comm. Mortensen made a motion to approve with the following conditions: 1. This special use permit applies to the following uses and intensities of those uses as set forth in the original special use permit approved November 5, 1999, as modified by and described in the project description dated April 18, 2012 and accompanying conceptual site plan, incorporated herein, and as amended by the requirements and stipulations of the special use permit approval conditions: rock, sand and gravel facility, concrete batch plant, total allowable area 10 acres, blasting permitted, and expanded hours of operation. 2. Annual review - The special use permit is subject to annual review by Lyon County. 3. Operations shall be restricted to the hours between 7:00 a.m. to 5:00 p.m., Monday through Friday, with the exception that the concrete batch plant may operate after 5:00 p.m. and before 7:00 a.m., 7 days per week as necessary. 4. Blasting is permitted with the following restrictions: a. No blasting shall occur outside of the hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. b. Prior to any blasting being performed, notification shall be given to the Lyon County Sheriff s Dispatch center and the Mason Valley Fire Protection District. c. Prior to any blasting being performed, notification shall be given to any property owner within a one (1) mile radius 5. The applicant shall comply with all State, County, federal and special district rules and regulations as they apply to this special use permit. 6. Mining activity limited to no more than 10 acres including the staging area, concrete batch plant and associated facilities. 7. Restoration plan shall be submitted and approved by the Planning Director, including regrading and revegetation of the mined and disturbed areas, within the requirements of the State of Nevada and Federal agencies with jurisdiction. 8. All mining and blasting operations shall comply with the requirements of the State of Nevada and federal agencies with jurisdiction. 9. The applicant shall prepare a transportation plan specifying the routes and operational requirements for the materials and concrete operations. The transportation plan shall be submitted to the Lyon County Planning Department, and the plan must be approved by the Lyon County Public Works Department and Planning Department before issuance of the special use permit and initiation of expanded operations. Truck traffic shall use Pursel Lane for ingress and egress to and from the site. 10. The applicant shall construct road, intersection and driveway improvements as required by Lyon County and the Nevada Department of Transportation after a careful review of the project, any required traffic study and existing conditions by the Lyon County Engineer, Lyon County Public Works and Nevada Department of Transportation. a. The applicant shall obtain all necessary approvals and encroachment permits, and coordinate and comply with any requirements placed on this project by Lyon County Public Works/Road Department and Nevada Department of Transportation. b. The applicant shall improve Cremetti Lane from the westerly boundary of the subject parcels to Pursel Lane. Improvements shall be required, at a minimum, to meet Lyon County standards for a Plate 3G gravel road standard, and the design must be prepared by a licensed Nevada engineer using applicable engineering standards. c. Improvements to the driveway access at State Route 827 shall meet the requirements and standards of the Nevada Department of Transportation. 1. A detailed traffic analysis, to the satisfaction of the Nevada Department of Transportation (NDOT) may be required by NDOT to determine the impact of this project traffic on State Route 827. Improvements to State Route 827 to accommodate the project traffic shall be designed and constructed as required by the Nevada Department of Transportation. 5 June 7, 2012

6 2. The applicant shall obtain an encroachment permit from the Nevada Department of Transportation for any work to be completed within the State right-of-way. d. The applicant shall enter into a road maintenance agreement with Lyon County and shall maintain the portion of Cremetti Lane from the westerly boundary of the subject parcels to Pursel Lane in a good and serviceable condition, as may be described and detailed in the road maintenance agreement, throughout the life and operation of the rock, sand and gravel facility. 11. The applicant understands and acknowledges that the placement or expansion of intensive land uses, as proposed, next to lands zoned for rural residential uses poses potential land use conflicts, particularly with respect to issues such as noise, odors, fumes, illumination glare, traffic, and potential nuisances. Accordingly, the applicant shall acknowledge this potential, and establish and commit to a continuing program to eliminate, or reduce to acceptable limits and tolerances, impacts to neighboring properties and uses, and dangerous and objectionable elements involved in processing and in equipment operations. 12. The applicant shall establish a noise attenuation strategy for staff review, relative to the placement of any machinery or equipment that may generate noise offsite that would interfere with nearby non-industrial uses. 13. The applicant shall comply with all applicable fire, building, zoning and improvement code requirements. 14. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections. 15. All exterior lighting shall comply with Chapter of the Lyon County Code, and shall be approved by the Building Department prior to installation. 16. The applicant shall obtain all required encroachment permits and meet all traffic control requirements placed on the business enterprise by the Nevada Department of Transportation, the County Engineer, Lyon County Public Works Department, special purpose districts, and any other jurisdictions with approval authority. 17. 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. 18. No signage is approved with this special use permit. 19. The applicant shall maintain a Lyon County business license for the use while occupying the premises. 20. The Planning Department may require the applicant to make improvements to mitigate noise or other adverse impacts identified after the issuance of the special Use Permit. The applicant shall obtain Planning Department approval of any such improvements prior to the issuance of any building permits, if necessary, and/or construction. 21. All of the requirements placed on the special use permit by the County Building Official, Mason Valley Fire Protection District, Planning Director, and other agencies with jurisdiction shall be met prior to the applicant commencing use of the site. 22. Any modification, expansion, intensification or material change in use or operation shall require an application for and public hearings on a modification of the special use permit pursuant to Lyon County Code. 23. 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. Comm. Keller seconded and the motion passed unanimously SWANSON RV STORAGE / SWANSON, JAMES & JANET SPECIAL USE PERMIT (for possible action) Request for a Special Use Permit to operate an outdoor RV & boat storage facility and to utilize a mobile home for watchman s quarters; all on an approximately 1 total acre parcel; located at 8 Cash Drive, Mound House (APN ) PLZ Planning Director Rob Loveberg presented this item. He stated that the planning commission is recommending approval of this item. 6 June 7, 2012

7 Based on the findings that the proposed use at the specified location: A. is consistent with the general purpose and intent of the applicable zoning district regulations; B. 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; 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. Arellano made a motion to approve with the following conditions: 1. The applicant shall comply with all State, County, federal and special district rules and regulations as they apply to this special use permit. 2. The applicant shall comply with all applicable fire, building, zoning and improvement code requirements. 3. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections. 4. If outdoor lighting is provided, it shall be comply with the outdoor lighting requirements of Lyon County Code. 5. Prior to the final inspection for the Building Permit for the new manufactured home the applicant shall remove the 1963 manufactured home from the property and provide evidence to the Building Department Director that this requirement has been met. 6. The applicant shall provide and maintain screened fencing around the perimeter of the property to ensure additional security to the facility. 7. The applicant shall locate all unused and inoperable machinery and equipment at a central location that is screened from public view, provided and maintained by a combination of vegetative screening, fencing and/or terrain approved by the Planning Director. 8. The applicant shall comply with Lyon County s 1996 (revised) drainage guidelines. The property owner shall be responsible for maintenance of all roads, walks, parking areas and drainage facilities within the parcel, 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. 9. The applicant shall maintain a Lyon County business license for the use while occupying the premises. 10. 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. 11. The use is subject to the continuous maintenance of an M-1 use that demonstrates the need for the watchman's quarters. The watchman's quarters use shall be discontinued and the manufactured home removed within thirty (30) calendar days if an M-1 use requiring the watchman's quarters is discontinued. 12. 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. 13. 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. 14. 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 ** 27. Presentation and discussion of the Ramsey Canyon Watershed Flood Control Study Report by Manhard Consulting, Ltd (requested by Commission) 7 June 7, 2012

8 Mark Rotter of Manhard Consulting began this item. Jeff House of Manhard Consulting presented the findings of the Ramsey canyon watershed flood control study report to the Board. There was discussion on potential grant funding and the cost benefits of the project. 28. Discussion and possible action on an update, by the Planning Department, regarding the status of the Walker River Meats, Inc. special use permit application (requested by Commission) Planning Director Rob Loveberg presented this item. He stated that the planning commission has had two public hearings and a workshop on this project. He was expecting revised information and has not received any at this point. The next hearing will be in July County Manager Jeff Page stated that the applicant has hired a consulting firm to help move the process forward. Planning commissioner Ervin Hill commented that the applicant has been presenting this project since December Every time the project has come before them it has been changed. The planning commission is waiting for firm project details before presenting to the Board for approval. 29. Discussion and possible action to grant an exception to allow for the resumption of the lawful use of a nonconforming building pursuant to Title of the Lyon County Code to permit the resumption of the use of a manufactured home after the use was discontinued for a period longer than 12 consecutive months, located at 1175 E. 10 th Street, Silver Springs, NV (APN ) (requested by applicant) Applicant Desire Hill began this item. She stated that she is requesting a waiver to turn the power back on. Her daughter will be occupying the property. Building Inspector Shawn Keating presented this item. He is recommending approval with the following conditions: 1. Repair/Replace unsafe front deck. This may require a building permit for the size. 2. Provide stairs at rear entrance. 3. Remove all combustion materials around home. 4. Repair/Replace electrical bond ground at service panel. 5. Repair/Replace damaged/missing skirting. 6. Obtain Lyon County electrical service permit. Comm. Mortensen made a motion to approve with six conditions. Comm. Fierro seconded and the motion passed unanimously Discussion and possible action to grant an exception to allow for the resumption of the lawful use of a nonconforming building pursuant to Title of the Lyon County Code to permit the resumption of the use of a manufactured home after the use was discontinued for a period longer than 12 consecutive months, located at 135 Hart Street, Dayton, NV (APN ) (requested by applicant) Building Inspector Shawn Keating presented this item. He commented that the addition was legally permitted with the exception of power. He is recommending approval with the following conditions: 1. Provide letter from licensed contractor supporting safe condition of added unpermitted electrical in 16 X12 enclosed patio. The enclosed patio was permitted in Repair/Replace unsafe stairs at front access point. 3. Obtain written authorization from Enid and Roberta Clements, Legal Owners. 4. Obtain Lyon County electrical service permit. 8 June 7, 2012

9 Comm. Mortensen made a motion to approve with the conditions as presented. Comm. Keller seconded and the motion passed unanimously Discussion and possible action to grant an exception to allow for the resumption of the lawful use of a nonconforming building pursuant to Title of the Lyon County Code to permit the resumption of the use of a manufactured home after the use was discontinued for a period longer than 12 consecutive months, located at 5515 Navajo Trail, Stagecoach, NV (APN: ) (requested by applicant) Building Inspector Shawn Keating presented this item. He is recommending approval with the following conditions: 1. Repair/Replace handrails at front steps. 2. Repair/Replace damaged electrical fixtures viewed at front and rear door. 3. Repair/Replace damaged rear exit door. 4. Repair/Replace unsafe deck and stairs at rear exit door. 5. Remove extension cord running from adjacent property. 6. Repair water heater door. 7. Repair/Replace damaged or missing skirting. 8. Obtain Lyon County electrical service permit. Comm. Mortensen made a motion to approve with the conditions as presented. Comm. Fierro seconded and the motion passed unanimously Discussion and possible action to propose an ordinance that establishes a District Court Administrator, to handle the Court Clerk duties for District Court and supervise the Deputy Court Clerks employed in the district. Currently, the County Clerk/Treasurer is ex officio clerk of the District Court. This ordinance removes those duties from the County Clerk/Treasurer and provides that those duties shall be completed by a newly created position of Court Administrator, to be supervised by the District Court Judges (requested by Judge Rogers) County Manager Jeff Page began this item. He stated that the office of the clerk & treasurer was asked to reduce her budget by five percent. The intent was to reduce a staff position to half time in the district court office and fill in the remaining half time with staff from the downstairs office. The district court judges have requested that the court clerks remain the same and not be part of a staff reduction. They have also requested that this ordinance be proposed and that the existing district court clerks fall under the jurisdiction of the district court judges. Mr. Page commented that currently Washoe and Churchill counties have court clerks under the jurisdiction of the district court judges. He also suggested that if the Board chooses to propose the ordinance it needs to have clear definitions regarding personnel and wages. It was clarified that the order and proposed ordinance will encompass all four of the district court clerks. Judge William Rogers explained that the order provides that a separate department be created that will be under the supervision of the district court judges. Comm. Keller asked what kind of budget impact this will create. Comptroller Josh Foli stated that the district court budget items would need to be removed from the budget of the clerk & treasurer. The judge has stated an interest in reclassifying the supervisor position. This would impact that portion of the budget by $2,879. It would be at the discretion of the Board if the five percent that the clerk & treasurer was directed to cut from her budget would need to be cut from the remaining staff and functions of her department. Judge Rogers explained the negotiations that have taken place to this point with regards to the budget cuts. The order that he presented is his last action. 9 June 7, 2012

10 Comm. Mortensen reiterated that if an ordinance is not in place the judges would have control over the salaries of the clerks. By creating an ordinance the Board would retain control of the salaries and merit systems. District Attorney Bob Auer commented that the salaries and budget amount would remain under the control of the Board. County Manager Jeff Page commented that changing the supervisory position would ensure that a county employee would have an understanding of the policies and procedures of the County. He also stated that the order is in place and the issue today is to determine if an ordinance should be created or not. There was discussion on staffing and that it should be at the discretion of the clerk & treasurer on which staffing should be cut. Clerk & Treasurer Nikki Bryan stated that the requested amount of budget cuts to her department was $44,430. She then commented that in order to retain the existing staffing she would only be able to cut a maximum of $15,000. Judge Rogers stated that if the clerk & treasurer were fully funded and all employees in district court remain the same he will rescind his order. There was discussion on the difference between creating an ordinance or court rule. Comm. Roberts believes that it is premature to propose an ordinance at this point. He then asked Nikki Bryan if she would be willing to work within her budget constraints until this item can be sorted out. This would mean losing a half time position in her department. Ms. Bryan is of the opinion that if she has no control she should not have the responsibility of the court clerks. It was the consensus of the Board that the proposed ordinance should be written by staff, not by the judge. The Board directed the county manager to draft an ordinance to be proposed at a future meeting. 33. Discussion and possible action to determine funding for the District Court Administrator position and identify funding source (requested by County Manager) Comptroller Josh Foli stated that the existing supervisor in the district court is paid at the same grade as the justice court supervisors. Comm. Roberts stated that the funding would not become effective until July 1, That allows time to bring this item back and draft the ordinance first. Comm. Fierro made a motion to continue this item. Comm. Mortensen seconded. Comm. Mortensen withdrew his second. Comm. Fierro withdrew his motion. It was the consensus of the Board that this item will be addressed in the ordinance discussed in item #32. Clerk & Treasurer Nikki Bryan requested that if any funding becomes available, her department be considered at that time. 34. Discussion and possible action to approve Change Order #6 for the Lyon County Justice Complex in the amount of $62, (requested by County Manager) County Manager Jeff Page presented this item. He stated that there are 9 items on the change order. Items #1, #2, #4, #5, #8 and #9 are code issues that must be addressed. He then discussed each of the changes. Comm. Fierro asked why the skylight and the roof material were not addressed during the design. 10 June 7, 2012

11 Mr. Page informed the Board that presently there is a savings of approximately $84,000 in project management and $25,000 to $35,000 in value of engineering through Sletten. This creates a total of 1 percent or less in total change orders. There was discussion that there is a possibility of recourse regarding item #6 and item #8. As for the code issues, they must be completed. Lyon County resident Gary Gladwill asked what type of warranty is being requested with regard to the roof. Weather warranty or fade warranty? It was stated that it is a weather warranty. Item #10 and item #11 are part of the contract which states the percentage paid to the CMAR based on the change order amount. Comm. Arellano made a motion to approve the change order with the stipulation that items #6 and #8 be addressed with the CMAR and/or architect. Comm. Mortensen seconded and the motion passed by majority 4-1 (Comm. Keller opposed). 35. Discussion and possible action to approve fee resolution for all Lyon County Departments for 2012/2013 (requested by Comptroller) Comptroller Josh Foli discussed the changes request by the departments to the fee resolution. Comm. Arellano commented on the cost of dog licenses. Comm. Roberts asked about the cost of voter registration files. There was discussion on the cost of meeting recordings and dog licenses. It was suggested that no fairground changes be made until the joint meeting with the fair board. Comm. Arellano made a motion to approve the fee resolution with the following changes: Dog licenses and replacement tags to $5.00 per dog and meeting recordings under the clerk and treasurer to $8.00 per CD. Comm. Fierro seconded and the motion passed unanimously Commissioner Comments Comm. Keller commented on a complaint about the Silver City advisory board. 37. Approve Minutes of May 17 & 21, 2012 Comm. Fierro made a motion to approve the minutes of May 17 & 21, 2012 as presented. Comm. Mortensen seconded and the motion passed unanimously Public participation There was no public participation. 39. Closed Labor Session as allowed under NRS The board entered into closed session. No action was taken. LYON COUNTY BOARD OF COMMISSIONERS ATTEST: CHUCK ROBERTS, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 11 June 7, 2012