Yerington, Nevada July 20, 2006

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1 July 20, 2006 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Bob Milz, Commissioners Don Tibbals and LeRoy Goodman. Also present: County Manager Donna Kristaponis, Comptroller Josh Foli, District Attorney Leon Aberasturi, Clerk/Treasurer Nikki Bryan and Deputy Clerk Joanne Sarkisian. Vice-Chair Phyllis Hunewill was absent. Commissioner Chet Hillyard arrived after the start of the meeting. 1. Review and adoption of agenda There were no changes to the agenda 2. Public participation Captain Jeff Page of the Lyon County Sheriff s office spoke about the County s role and responsibility in the Jackass Flats fire. Guy Pence, liaison officer for the Incident Management team, thanked Lyon County for all of the cooperative effort and assistance on the Jackass Flats fire. He presented a map of the fire area and gave the current statistics of the fire.. Central Lyon County Fire Chief Mark Darraugh thanked the Board for their support in procuring a new box ambulance. The ambulance being replaced will be donated to the Sheriff s Department to be used by search and rescue as a logistics vehicle. **CONSENT AGENDA** 3. Discussion and possible approval of changes on Assessor s tax role due to corrections in assessments and review of tax roll changes 4. Review and possible approval of business license applications a. Hauenstein, Mojra; Arka Blue; 2255 Hawes Station Road, Silver Springs, NV; Architectural Consulting b. Malcolm, Waynewright; Lane, Steven E.; Marlin, L.; Christian; Lennar Reno LLC dba/ Barker-Coleman Communities; Professional Circle, Suite 100, Reno, NV; Location Change ONLY! c. Bartosz, David P.; Bartosz Construction, Inc.; 510 Stafford #C, Carson City, NV; Change to Corporation ONLY! d. Slattery, Lynn M.; All American Bail Bonds dba/duffy s Bail Bonds; 30 Main Street, Suite 2, Reno, NV; Location Change ONLY! e. Myers, Carol Jean; CM Interiors; 228 Bullion Road, Dayton, NV; Interior Design Service (Consulting under Jeff Frame Architecture ONLY at this time) f. Newell, Dave; Dave Newell Roofing, Inc.; 5301 Longley Lane, Bldg. #124, Reno, NV; Location Change ONLY! g. Nguyen, Tiffany; Dayton Nails; 6 Pine Cone Road, Suite 1, Dayton, NV; Nail Salon h. Fanning, Trisha L.; Dayton Valley Vitamins, Inc.; 120 HWY 50 South, #1, Dayton, NV; Nutritional Supplement Store i. Zehner, David A. & Rankin, William J.; DB Heating & Air Conditioning, Inc.; 4475 Bigelow, Carson City, NV; HVAC Installation j. Tadlock, Charles A.; Doc s Fun Time; 2740 Talapoosa Street, Silver Springs, NV; Addition of firearms to existing internet sales ONLY! k. Edwards, Kenneth Anthony; E & A Behavioral and Mental Health Services, Inc.; 140 Douglas Street, #3, Dayton, NV; Psychologist Providing Psychotherapy and Psychological Testing to Clients (Sharing space with Desert Rose Chiropractic) l. Griffith, Cheryl; Cheryl Griffith Real Estate Agent; 175 HWY 50 East, Dayton, NV; Independent Real Estate Agent for Coldwell Banker Best Sellers m. Kent, Timothy; Mc Donald, Michael; Shumsker, Wayne S.; Greystone Nevada, LLC; 13 July 20, 2006

2 10345 Professional Circle, Suite 100, Reno, NV; Location Change ONLY! n. Johnson, Rosemary; Johnson s Home Sewing; 6435 Gerre Lane, Stagecoach, NV; Addition of MOBILE Cleaning Services ONLY! o. Ostrem, Gary D. & Judy; GDO Enterprise Inc. dba/ Judy s Window Coverings; 1368 HWY 395, Unit A, Gardnerville, NV; Location Change ONLY! p. Karwoski, Douglas D.; Douglas D. Karwoski, D.D.S., Ltd. dba/karwoski Dental; 2450 HWY 50 East, Suite 200, Dayton, NV; Dental Office (One owner of previous business is remaining in same location under a new name.) q. Christensen, John & Mezger, Joe; Liberty Mfg. Homes, LLC; 5915 Apache Drive, Stagecoach, NV; New & Used Manufactured Home Sales (Sharing office space with Paul Kyle) r. Lorenzo, Cindy L. & Steve; Lorenzo s Kleaning; 629 Saddlehorn Way, Fernley, NV; Location Change ONLY! s. Tibbals, Donald H. & Joy M.; Par 3 Lounge; 2 Austin Drive, Yerington, NV; Bar & Lounge t. Watanar, Nop & Nan; Pegasus Food Machinery Corp.; 42 Laxalt Drive, Mound House, NV; Officers Names Legally Changed ONLY! u. Pendleton, Robert E.; 5764 Peek Avenue, Silver Springs, NV; Handyman Services v. Pierce, Karin L.; Pierce s Cherubs-N-Chocolate; 629 Aja Place, Dayton, NV; Location Change ONLY! w. Hummel, Ronald & Johns, Mark Jason; R & M Investments; 5065 HWY 95A, Silver Springs, NV; Land and/or Property Investment (Home Office) x. Denny, Rodney G.; Rod the Roofer; 1150 Marietta Way; Sparks, NV; Roofing Contractor y. Scarbrough, Carole N.; Shine-N-Save, Inc.; 312 West Fourth Street, Carson City, NV; Housekeeping Service z. Long, Dennis L. & Faiss, Robert M.; United Electrical Services, Inc.; 2231 Meridian Blvd., Suite 5, Minden, NV; Electrical Contractor 5. Accept grant award in the amount of $95,000 from NCED, Community Development Block Grant Program to assist in the purchase of a fire and rescue vehicle (Mason Valley Fire District) 6. Accept grant award in the amount of $29,000 from NCED, Community Development Block Grant Program to assist in funding a plan for expansion of the Silver Springs Library 7. Approve chairman to sign forms to receive grant funding from USDA Rural Development in the amount of $15,000 for the Mason Wastewater Preliminary Engineering Report 8. Review and accept travel claims as presented by Comptroller Travel Claims totaled $3, and registration claims totaled $3, Review and accept County claims and financial report as presented by Comptroller County claims totaled $1,342, and payroll totaled $1,162, It was the consensus of the Board to hear item #4s separately. Comm. Goodman made a motion to approve the consent agenda as presented with item #4s being heard separately. Comm. Tibbals seconded and the motion Comm. Goodman made a motion to approve item #4s. Comm. Hillyard seconded and the motion passed (Comm. Tibbals abstained). 14 July 20, 2006

3 **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 10. Review and possible approval of liquor license application a. Tibbals, Donald H. & Joy M.; Weed Heights Development dba/ Par 3 Lounge; 21 Austin Drive, Yerington, NV; Saloon Comm. Hillyard made a motion to approve the application as submitted. Comm. Goodman seconded and the motion passed (Comm. Tibbals abstained). ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 11. Discussion and possible action on the Water and Wastewater Master Plan implementation: a. Discussion with possible action related to a request by the Utilities Director to enter into a professional services agreement with Brown & Caldwell for a not to exceed amount of $50,000 for the refinement of data presented in the Wastewater Facilities Master Plan related to sewer lift station and force main replacements & relocation and perform flow modeling as needed and authorize the chairman to sign the agreement on behalf of the County b. Discussion and possible action related to a request by the Utilities Director to accept a time and materials proposal by Brown & Caldwell to perform site characterization activities related to increasing effluent management capabilities and to authorize the Board Chairman to sign the agreement on behalf of the County for a not to exceed amount of $389,300 with an additional 10% contingency to cover any unanticipated costs. This activity is related to the previously approved Wastewater Facilities Master Plan Items #11a and 11b were heard separately. Utilities Director Mike Workman presented the details of these items and spoke of the progress being made on this project. Comm. Tibbals asked if the money was budgeted to pay for this agreement. Mr. Workman responded that the funds were to come out of the Capital Improvement Account, the funds available were derived from connection fees. Comm. Goodman made a motion to approve item #11a as presented. Comm. Tibbals seconded and the motion Comm. Tibbals made a motion to approve item #11b as presented. Comm. Hillyard seconded and the motion 12. Approval of Land and Water Grant Application in the amount of $75,000 to pay for access roads and parking to the Santa Maria Ranch Park and River Trail System. Facilities Manager Jack Mosby presented this item. He explained that the matching funds needed will be available from Question 1 rather than County funds. He went on to explain some planned projects for the site. Comm. Goodman made a motion to approve as presented. Comm. Tibbals seconded and the motion 13. Approval of Land and Water Grant Application in the amount of $75,000 to purchase restroom/concession stand for Dayton Rodeo Grounds 15 July 20, 2006

4 Stony Tennant gave the details of the grant and described the improvements planned for the Dayton Events Center. He went on to explain that the rodeo grounds are actually part of the Dayton Events Center. Comm. Milz had questions regarding the septic system. Mr. Tennant described how the system had been planned to accommodate future development as called for in the master plan. Comm. Goodman made a motion to approve as presented with the name being the Dayton Events Center. Comm. Hillyard seconded and the motion 14. Discussion and possible action to approve a license agreement for rack space, dated June 1, 2006, between Falcon Cable Systems Company II, LP, dba/ Charter Communications and Lyon County District Attorney Leon Aberasturi presented this item. Comm. Goodman asked if there was an escalation clause in the agreement. Mr.Aberasturi commented that the per month rate is set in the county fee agreement therefore there is no escalation clause. Comm. Tibbals made a motion to approve as presented. Comm. Hillyard seconded and the motion 15. Discussion and possible action to set salaries for the justices of the peace per NRS Judge Dennis Milligan, Walker River Justice Court, expressed his concerns with the current salary structure. He would like to see the justices of the peace placed on the same salary structure as elected officials. Comptroller Josh Foli detailed the salary schedule and commented on the amount of salary budgeted for the 2006/2007 fiscal year. Justice of the Peace Robert Bennett presented the comparable salaries in other jurisdictions within the state of Nevada. He is requesting an increase in salary so as to be comparable with other counties in the state. Judge Bennett would also like to see uniformity in the salary schedule. Judge Bill Rogers, Dayton Justice Court, gave specific details of the case loads of Lyon County Justice Courts compared to other courts in the state. Comm. Goodman commented on possible solutions for the distribution of salaries. Comm. Tibbals made a motion to increase the salary of the justices of the peace to $80,000 per year each with no longevity pay effective January 1, This change will override the existing compensation policy. The additional funds needed from January 1, 2007 to June 30, 2007 are to be taken out of contingency. Comm. Hillyard seconded and the motion 16. Discussion and possible action to award the construction contract for the Airport Access Road, Apron Expansion, and Automated Weather Observation System (AWOS) at the Silver Springs Airport to Sierra Nevada Construction, Inc. Engineer Jim Plague representing PBS&J presented this item. There were two bids submitted for this contract and Mr. Plague recommended that the contract be awarded to Sierra Nevada Construction, Inc. in the amount of $797,007 as it is the best bid. Comm. Hillyard made a motion to approve the contract as presented contingent on FAA approval. Comm. Tibbals seconded and the motion 17. Discussion and possible action to approve Amendment No. 2 to the Engineering Services Agreement with PBS&J to provide construction management services during 16 July 20, 2006

5 the construction of the Airport Access Road, Apron Expansion, and AWOS at the Silver Springs Airport Engineer Jim Plague representing PBS&J presented this item. He gave details of the duties that the Construction Management Services agreement with PBS&J would entail. He requested that the Board approve Amendment No 2, as Amendment No 1 in the amount of $32,710 was declined by the FAA. Comm. Hillyard made a motion to approve as presented contingent on FAA approval. Comm. Goodman seconded and the motion 18. Award Street Sweeper Bid # , in an amount not to exceed $158,570 Road Manager Gary Fried presented this item. He summarized each of the bids received and stated his departments preference as to which street sweeper to purchase. He asked that the bid be awarded to Schwarze Industries as this unit met all of the 149 specifications as stated in the bid announcement. Comm. Goodman read a letter from H & E Equipment Services. Bill Tuttle of H & E Equipment Services stated his concerns with the award process used for the procurement of this item. District Attorney Leon Aberasturi explained it is the Boards decision as to whether all specifications as posted in the bid announcement have to be met. Road Manager Gary Fried commented on the reasoning for the specifications required and the needs of his department. Comm. Tibbals gave his thoughts on the bid process and feels that the award should go to the lowest bidder. Comm. Goodman made a motion to award the bid to Schwarze Industries in the amount of $158, for a new street sweeper. Comm. Hillyard seconded and the motion passed 3-1 by majority (Comm. Tibbals opposed). A BREAK WAS TAKEN AT THIS TIME 10:30 A.M. Discussion and possible action on application filed by David E. and Karen L. Hardy through their agent Robert H. Cantley on October 18, 2005 to change the point of diversion and place of use of a portion of Carson River (East Fork) surface water from Douglas County to Lyon County. The water is proposed to be diverted from the Upper Cardelli Ditch and used on Hardy s parcel (APN & 04) for irrigation purposes. The manner of use will not change (action will be taken) Utilities Director Mike Workman summarized this item. Dennis Smith of Western Engineering, representing David E. and Karen L. Hardy, the applicants, gave the details of the application. He also spoke of the benefits to Lyon County. Comm. Milz spoke of a conversation he had with Douglas County officials. Comm. Goodman made a motion to support the application as presented. Comm. Tibbals seconded and the motion Comm Milz stated that the Board will send a letter to the state water engineer regarding this matter. RECESS TO CONVENE AS CENTRAL LYON COUNTY VECTOR CONTROL DISTRICT BOARD 17 July 20, 2006

6 19. Public Participation There was no public participation. COMM. HILLYARD STEPPED OUT AT THIS TIME 20. Review and accept claims and financial report as presented by Comptroller Comptroller Josh Foli presented this item. The cash balance as of July 19, 2006 was $321, There were no pay bills and no payroll. Comm. Tibbals made a motion to approve as presented. Comm. Goodman seconded and the motion passed unanimously 3-0 (Comm Hillyard had stepped out). ADJOURN TO CONVENE AS MASON VALLEY MOSQUITO ABATEMENT DISTRICT BOARD 21. Public Participation There was no public participation. COMM. HILLYARD RETURNED AT THIS TIME 22. Review and accept claims and financial report as presented by Comptroller Comptroller Josh Foli presented this item. The cash balance as of July 19, 2006 was $30,966.18, pay bills of $11, and payroll of $3, Comm. Tibbals made a motion to approve as presented. Comm. Goodman seconded and the motion ADJOURN TO CONVENE AS WALKER RIVER WEED CONTROL DISTRICT 23. Public Participation There was no public participation. 24. Review and accept claims and financial report as presented by Comptroller Comptroller Josh Foli presented this item. The cash balance as of July 19, 2006 was $47,782.54, pay bills of $23.00 and payroll of $ Comm. Tibbals made a motion to approve as presented. Comm. Goodman seconded and the motion ADJOURN TO CONVENE AS WILLOWCREEK GENERAL IMPROVEMENT DISTRICT BOARD 25. Public Participation There was no public participation. 26. Review and accept claims and financial report as presented by Comptroller Comptroller Josh Foli presented this item. The cash balance as of July 19, 2006 was $335,320.40, pay bills of $3, and no payroll. 18 July 20, 2006

7 Comm. Tibbals made a motion to approve as presented. Comm. Hillyard seconded and the motion ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 27. CLOSED SESSION (per NRS ) regarding Walker River Settlement negotiation There was no closed session 28. CLOSED SESSION (per NRS ) regarding Advanced Specialty Gases The Board went into closed session (no action was taken) 29. Commissioner comments Comm. Goodman had no comments. Comm. Tibbals spoke of the good progress on the Silver Springs Senior Center. Comm. Hillyard commented that there has been a problem with the Silver Springs GID and would like to have a joint meeting with all concerned. Comm. Milz feels that the Silver Springs GID is in total disarray and they are not doing the citizens any good. The Board needs to agendize this item as quickly as possible. 30. County Manager comments Donna Kristaponis presented the Board with copies of a letter received from the Silver Springs GID asking the County to pursue an interlocal agreement in such that the County would perform the engineering and inspection services. Also distributed was a memorandum from District Attorney Leon Aberasturi concerning the Silver Springs GID. She also explained details of a section added to the legislation which no longer allows the dissolution of a GID board unless they concur. She will follow up with Mary Walker as to how this change took place without local governments being notified. NACO annual conference is being hosted by Clark County and will be held November 14 th through 16 th. If anyone from the Board will be attending, she asked that they call Maureen and let her know so that arraignments can be taken care of. Ms. Kristaponis is waiting for direction from the Board regarding the letter from the City of Fernley as discussed at the last meeting. 31. Elected Official s report There were no reports. 32. Appointed Official s report There were no reports 33. Advisory Board reports Theo McCormick of the Silver City Town Advisory Board spoke of the problems with the school house reconstruction and asked the Board for help in resolving this issue. He feels that the insurance company has not acted in good faith. The town has lost many grants that are important to the community because of the amount of time this issue has taken to resolve. 19 July 20, 2006

8 34. Approve Minutes Comm. Hillyard made a motion to approve the minutes of the July 6, 2006 meeting. Comm. Goodman seconded and the motion The meeting was adjourned. BOARD OF LYON COUNTY COMMISSIONERS BOB MILZ - Chairman ATTEST: NIKKI BRYAN Lyon County Clerk/Treasurer 20 July 20, 2006