Comm. Hunewill made a motion to approve the agenda as presented. Comm. Roberts seconded and the motion passed unanimously 4-0.

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1 July 1, 2010 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Joe Mortensen, Vice-chair Chuck Roberts, Commissioners Larry McPherson and Phyllis Hunewill. Comm. Don Tibbals was absent. Also present: Interim County Manager Jeff Page, Deputy District Attorney Mark Krueger, 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. Roberts seconded and the 2. Elected Officials comments Sheriff Allen Veil reported that the VIP volunteers logged a total of 1821 hours for the month of June. He also stated that during a sex offender registration enforcement day, 19 sex offenders in the Silver Springs area were contacted to be certain that they are in compliance with the law. He then reminded the Board that August 14, 2010 is the Festival of the Springs at Lahontan Reservoir. Events will be held all day and the proceeds benefit the Silver Springs youth organization. 3. Appointed Official s report Utilities Director Mike Workman reported that the water tanks in Mound House have been painted and the repairs to the interior of the tanks is complete. The tanks will be put into service within the next two weeks. He then reported on a joint project between Central Lyon County Fire District and two high school students to paint fire hydrants and the curbs in front of them. Mr. Workman spoke of the effluent management program being administered by NDEP at the Dayton Valley golf course. He stated that since Tom Duncan purchased the golf course there will be two separate effluent agreements. Planning Director Rob Loveberg reminded the Board that there will be a joint meeting with the planning commission on July 13, 2010 to discuss the master plan. He also commented that the latest changes are available on the website. He then reported that the right of way agreement with BLM regarding Pursel Lane is continuing forward. He expects to be receiving the special use permit request for the next phase of the Pumpkin Hollow project in the next month. County Engineer Dick Faber stated that he is planning the second meeting with the Cottonwood Lane residents to resolve the fairgrounds master plan issue. He also reported that the old Dayton firehouse was hit by a vehicle and the repairs are estimated at approximately $50,000. Mr. Faber attended a ground water technical meeting last week regarding the Yerington mine site and reported that the focus is to determine which chemicals are naturally occurring and which are being contributed by the mine site. Assistant to the County Manager Maureen Williss reported that there were a total of 76 code enforcement complaints reported since July 1, Of those complaints 50 are closed, 8 remain open and 17 have been reported to the district attorney for further action. She then detailed the complaint process. 4. Advisory Board reports There were no advisory board reports. 9:30 A.M. Time Certain Discussion and possible action on update of Jail Project Jail Project Manager Roger Sedway stated that the current estimated cost of the project is $18,400,000 in construction costs with a total project cost of $21,400,000. He also stated that the project team is confident that a project cost of $20,000,000 is attainable. In order to do this the number of beds has been reduced to 152 which has created a classification issue. 55 July 1, 2010

2 He is asking to move to the design development phase of the project which will trigger a payment to the architect for the schematic design phase. Mr. Sedway also stated that the issue with the courtrooms is not going to go away. The cost for a complete justice complex that includes the jail footprint and two courtrooms on the second story will be in the area of $25,000,000. To remodel the existing courtrooms and bring them up to date would cost in the area of 3.5 to 4 million dollars. He also mentioned the possibility of parking under the proposed structure since a minimum of twelve foot of excavation will be done as stated in the geotech report. Mr. Sedway is asking for direction on the jail complex and to study the option for the courts to be moved to the site. Interim County Manager Jeff Page commented that from an operational point of view it is very beneficial to have the courts and the jail in one complex. He also stated that if facilities are not included in the new complex the district court judges will be requesting a retrofit of the existing courtrooms to make the building ADA compliant. He is requesting to be allowed to create a justice complex master plan and if the courts are not included at this time to at least create a future footprint. It is safer and cost effective for the courts to be at the jail site. Comm. Roberts stated that if we proceed with the project and do not include district court and a retrofit and remodel of the existing courthouse takes place it will cause both projects to be competing for the same funding. Bill Rutherford of CRA stated that the health, safety and welfare of staff and inmates is the most important factor. He then commented that in the long term it would save money to get away from having to transport inmates and it is always most effective to have the courts and jail under the same roof. Mr. Rutherford then commented that if the decision is made to restore and retrofit the existing courts it would be assumed that they will be occupied for the next 30 years. Comm. Hunewill asked about the possibility of building a parking garage under the new structure. Mr. Rutherford commented that if the site is going to be excavated 12 feet then it only makes economical sense to create parking there. Comm. McPherson asked the total acreage that will be involved in the project. County Engineer Dick Faber commented that the ball field that will be used for the proposed structure is approximately 3 acres. Sheriff Allen Veil commented that in a perfect world Silver Springs would be the best location for a justice complex. Although, at the present time with the lack of facilities in the area it would require taking patrol deputies off the streets and placing them in the jail to work. Comm. Roberts made a motion to proceed with the design development phase of the jail project in Yerington to include the master planning and costing for two district court rooms and to advance the contract to the next phase. Comm. Hunewill seconded and the motion passed by majority 3-1 (Comm. McPherson opposed). 10:00 A.M. Time Certain - Closed Labor session as allowed under NRS The Board entered closed session at this time. No action was taken. ITEM #23 WAS HEARD AT THIS TIME ITEM #25 WAS HEARD AT THIS TIME 10:30 A.M. Time Certain - Discussion and possible action on the strategic planning process and direction to staff 56 July 1, 2010

3 Interim County Manager Jeff Page presented this item. He began by stating that the process is to create an ongoing plan to steer the County in a positive direction based on the priorities of the next five years. At the end of each year a new year would be added to create a living document. He then suggested creating a strategic planning team and commented that it will take nine to fourteen months to complete the plan. The first step of the process will be to develop a mission statement followed by identifying needs and implementing the plan. Comm. Hunewill would like to see at least two commissioners on the planning team right from the beginning. She feels that Comm. Roberts and Comm. Mortensen would be the likely participants. ITEM #21 WAS HEARD AT THIS TIME ITEM #24 WAS HEARD AT THIS TIME ITEM #22 WAS HEARD AT THIS TIME 11:30 A.M. Time Certain Presentation by USDA-Rural Development on single-family homeowner programs provided to Lyon County Bill Brewer of USDA Rural Development gave details of the many housing programs available to low and moderate income families. 5. County Manager report Interim County Manager Jeff Page commented that the City of Fernley will be drafting a bill to increase the amount of consolidated tax they receive. He also mentioned that he will be planning a joint meeting to discuss some of their concerns. There was an open meeting law violation filed against the jail committee. Mr. Page is working on obtaining the information that has been requested by the attorney general s office. He then stated that Central Lyon Fire has commended the building department and thanked them for their assistance. He also mentioned that the generator on Como should have the repairs completed soon. He commented that the existing agenda process is very time consuming. He is looking into putting the agenda summary on the website which should make the process easier. Mr. Page then mentioned that the leadership meetings will be moved to the Wednesday before each Board of Commissioners meeting. He also stated that he and staff will be attending all of the community advisory board meetings during the months of August, September and October. He then commented on the NNDA meeting and informed the Board that USA Parkway is being discussed. 6. Commissioner comments Comm. McPherson commended the Silver Springs advisory board for their work on the community assessment. 7. Public participation There was no public participation. **CONSENT AGENDA** 8. Approval of changes on Assessor s tax role due to corrections in assessments and review of tax roll changes 9. Review and possible approval of business license applications: 57 July 1, 2010

4 a. Reynen, Christo J.; Bardis, Katherine; McReynolds, Randy; Miller, Kerrie A.; Artisan Communities LLC.; 114 Deschutes Dr, Dayton, NV; Contractor Under contract with BTG Dayton, Nevada Investment, LLC to build homes at Riverpark Subdivision. b. Reynen, John D.; Bardis, Christo D.; BTG Dayton, Nevada Investment, LLC; 114 Deschutes Dr., Dayton, NV; Investment Property Owner. c. Kiaser, Konrad E.; Kaiser Plumbing; Rancho Dr. Reno, NV; Residential Service Plumbing and Repair d. Fryling, Rob; Speedway Auto Wreckers; 45 Speedway Rd. Fernley, NV; Add Scrap Metal to Existing Auto Wrecking License e. Geis, Kenneth D.; Geis, Claudine M.; Truckee Meadows Heating & Air; PO Box 6150 Reno, NV; Heating & Air Conditioning Contractor. f. Ziegenfuss, Katja M.; Z DBL BAR Horseshoeing; 82 Hudson Aurora Rd. Smith, NV; Horseshoeing & Trimming 10. Accept amended grant agreement from the Nevada Housing Division to fund the Neighborhood Stabilization Program (NSP) in the amount of $1,096,260. Matching funds are not required 11. Discussion and possible action to approve the annual resolution of the Lyon County Board of Commissioners to designate the number of cents on each one hundred dollars of property tax levied for each fund and authorize the levy of the tax required for FY Accept resignation from Mr. Roger Malson from the Lyon County Fairboard, effective immediately 13. Approval to release the Performance Bond for Grant View Estates, Mason Valley, NV (APN ) 14. Acceptance of Chafee grant funding to provide current foster care youth with support in transitioning out of foster care and attaining self-sufficiency 15. Acceptance of Fund to Assist Former Youth (FAFFY) grant funding to assist former foster youth from Nevada ages 18 up to 21 in attaining economic self-sufficiency 16. Approve request to submit a grant application to USDA-Rural Development for a Flood Control Study of the Ramsey Canyon Watershed and Silver Springs Wash 17. Authorize the Utilities Director to make an adjustment to the customer account receivables for 1 bad debt write-off for the Dayton Sewer Fund for a total of $ Discussion and possible action related to a request by the Utilities Director for the Board to approve 3 Carson Water Subconservancy District Grants for: (1) $50,500 for Water Distribution System Monitoring and Disinfection Equipment (2) $30,000 for a Ramsey Canyon Watershed Silver Springs Wash Flood Control and Water Quality Improvement Study (3) $18,480 for the Dayton Valley Flood Plain Assessment & Mitigation Plan, and authorize the Chairman to sign the agreements on behalf of the County 19. Review and accept travel claims Travel claims totaled $3, and registrations totaled $2, Review and accept County claims and financial report County claims totaled $1,656, and payroll totaled $1,167, Comm. Roberts requested that item #18 be heard separately. Comm. Hunewill made a motion to approve the consent agenda with item #18 being heard separately. Comm. McPherson seconded and the 58 July 1, 2010

5 Comm. Roberts began item #18 and stated that when the Carson Water Subconservancy District approved this item there was a request that the county manager give details of how Lyon County will use the results of the studies and assessments. He then asked Interim County Manager Jeff Page to follow through with the request. Comm. Roberts made a motion to approve item #18 as presented. Comm. McPherson seconded and the **END OF CONSENT AGENDA** 21. Discussion and possible action to approve SCCS, LLC Mr. Pat Schlosser, to provide preconstruction review of line items and schedules, for the Lyon County Jail Project, in the amount of $15,000, contingent upon approval of contract by the District Attorney Jail Project Manager Roger Sedway began this item. He stated that Mr. Schlosser has been a cost estimator in northern Nevada for many years. With an out of state architect and a construction manager from southern Nevada it would be a good idea to have someone who can mediate the project costs. Mr. Sedway then stated that if it makes things easier Mr. Schlosser can work under his contract and the fees could be reimbursed to him by the County. Comm. Roberts made a motion to approve the funding not to exceed $15,000 to supplement the current contract with Mr. Sedway for the purpose of employing Mr. Schlosser. Comm. Hunewill seconded and the 22. Discussion and possible action to appoint a replacement Assessor effective on August 3, 2010 when Assessor Mike Glass retires Assessor Mike Glass presented this item. Comm. Roberts commented that he is not willing to appoint anyone that is currently running for the office of assessor in the upcoming election. Chief Deputy Assessor Erin Singley stated that she is willing to accept the appointment provided at the end of the unexpired term she is reinstated to her current position and does not lose any leave balances. It was determined that this item will be reagendized after the district attorney has reviewed the legal issues. 23. Discussion and possible action to approve an amended three (3) year Public Defender contract for FY as outlined in the budget, with no additional funding Comm. Hunewill made a motion to approve as presented. Comm. Roberts seconded and the 24. Discussion and possible action on Third Addendum to Master Lease Agreement between Lyon County and the Silver Springs Airport, LLC Jim Cavilla represented Silver Springs Airport LLC and began this item. He stated that this item is a result of a request from Comm. Roberts at a recent meeting. The request is that the Board does not need to review every lease with airport tenants. Also included in the proposed addendum is a request to reset the time clock to fifty years when addendums are done. Comm. Roberts does not support the resetting of the lease automatically. If needed it can be agendized. Comm. Hunewill asked how the County will be notified when there is a sublease if the Board does not have to approve it. It was determined that the district attorney should sign off on the 59 July 1, 2010

6 lease. Airport Manager Kay Bennett commented that all of the airport leases are recorded with the county recorder. She also stated that resetting the time clock is a tool that she uses to entice businesses since it takes thirty to thirty-five years to recoup their investment. Comm. Roberts made a motion to enter into a third addendum with silver springs airport as presented to include a process for Lyon County to review the leases prior to recordation. Comm. McPherson seconded and the 25. Discussion and possible action on budget modification for the Canal Justice Court, savings of approximately $1,650 in telephone services to be moved to staff salaries Justice of the Peace Robert Bennett presented this item. Comm. Hunewill made a motion to approve as presented. Comm. Roberts seconded and the 26. Discussion and possible action on Carson Area Metropolitan Planning Organization boundary expansion Planning Director Rob Loveberg presented this item. He stated that in 2009 a request was made to include more of Lyon County in CAMPO. With a larger area of coverage is a higher population. Since funding match is based on population the Lyon County share of the funding match for the upcoming year would be $10,316. If this item is approved CAMPO will recommend to the governor to expand the coverage area. There was discussion on what the benefits to the county would be. It was determined that many of the transportation issues that will need to be addressed in the future would be out of reach for Lyon County on its own and the possibility of federal funding would be necessary. Yerington resident Keith Trout commented that it could be beneficial to wait until the 2010 census is complete to determine the percentage of population in the area. Comm. Roberts made a motion to proceed with the CAMPO expansion as requested in an amount not to exceed $10,316 with the manager to bring forward the source of funding. Comm. Mortensen seconded. There was discussion on how this item came about. Comm. Mortensen withdrew his second. The motion died for lack of a second. It was the consensus of the Board to postpone this item at a later date. 27. Discussion and possible action to accept the low bid of $120,550 as proposed by Frank Lepori Construction, Sparks NV. for the Addition and Remodel of the Fernley Sub-Station Community Health Nurse Office contingent upon funding provided by the Social Services Block Grant Program Title XX of the Social Security Act County Engineer Dick Faber presented this item. He stated that there is state funding available for this project and to receive it actual costs needed to be submitted. The state will also be reimbursing the costs associated with Mr. Faber s time and equipment up to $300,000. Comm. Hunewill made a motion to accept the bid from Frank Lepori Construction in an amount not to exceed $120,550. Comm. Mortensen seconded and the 28. Discussion and possible action to consider a ballot question regarding the consent of the governing body of the local government be required before the State Legislature can act to decrease revenues or reserves collected by, distributed to, or held by the local government, or impose fees on or mandate new or different services be 60 July 1, 2010

7 Interim County Manager Jeff Page presented this item. He mentioned that this is regarding the discussion with Mary Walker at the last meeting and will support the efforts of NACO. Comm. Hunewill made a motion to approve as presented. Comm. Roberts seconded and the 29. Discussion and possible action related to a request by the Utilities Director for the Board to accept the lowest responsive bid submitted by Coons Construction and authorize the Chairman to sign the contract for the Rolling A Wastewater Treatment Plant Sludge Pond Modification for $279, and authorize the Utilities Director to sign other project related documents related to soils testing, aeration equipment procurement, change orders and permit applications. Total cost of the project will not exceed $399,272 which includes a 10% contingency and will be funded through the Dayton Sewer Enterprise Fund Utilities Director Mike Workman began this item. Utilities Superintendant Jim Youngblood stated that eight contractors picked up plans and only two submitted bids. He also stated that the engineer s estimate was $288,000. Comm. Roberts made a motion to approve as presented. Comm. Hunewill seconded and the motion passed unanimously Discussion and possible action related to a request by the Utilities Director for the Board to approve the transfer of.7acre feet of ground water rights from Permit # to the Stagecoach GID to cover the water demand of the new Central Lyon County Fire District station that is in the permitting phase Utilities Director Mike Workman presented this item. It was clarified that these are Lyon County water rights. They are being moved to Stagecoach to serve the new fire station. Comm. McPherson made a motion to approve as presented. Comm. Roberts seconded and the 31. Discussion and possible action related to a request by the Utilities Director for the Board to approve a donation of $ to the Dayton Food Pantry to help cover costs related to power, phone, gas, internet and other operating supplies as needed Utilities Director Mike Workman presented this item. Comm. Mortensen stated that these funds were collected by recycling waste on a vacant BLM easement. No Lyon County funds are being used for this item. Comm. McPherson made a motion to approve as presented. Comm. Roberts seconded and the 32. Discussion and possible action to authorize the Utilities Director to develop and bring back to the Board a program that would allow Lyon County Utilities customers to donate to a fund that could be used to help customers that have a one time unusual need in paying their water & sewer bill Comm. Roberts made a motion to approve as presented. Comm. Hunewill seconded and the 33. Discussion and possible action on recommendation of three (3) names to be forwarded to the Governor, for consideration of appointment to the State Land Use Planning Advisory Commission (SLUPAC) Planning Commissioner Virgil Arellano presented this item. 61 July 1, 2010

8 Comm. Hunewill made a motion to submit the names of Comm. Roberts, Comm. Mortensen and Planning Director Rob Loveberg. Comm. McPherson seconded and the motion passed unanimously Future Agenda Items Comm. Roberts requested an item regarding aviation fuel tax reporting at the Silver Springs airport. 35. Commissioner comments There were no additional comments at this time. 36. Approve minutes Comm. Hunewill mentioned that the motion regarding the consent agenda on the minutes of May 20, 2010 was missing and asked to have it included. Comm. Hunewill made a motion to approve the minutes of May 20, 2010 with the addition. Comm. Roberts seconded and the Comm. Hunewill made a motion to approve the minutes of June 3, 2010 as presented. Comm. Roberts seconded and the Comm. Hunewill made a motion to approve the minutes of June 11, 2010 as presented. Comm. McPherson seconded and the The meeting was adjourned. LYON COUNTY BOARD OF COMMISSIONERS ATTEST: JOE MORTENSEN, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 62 July 1, 2010

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