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

Transcription

1 December 16, 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, Phyllis Hunewill and Ray Fierro. Also present: County Manager Jeff Page, Chief 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 motion passed unanimously 5-0. The Board presented a plaque of appreciation to Comm. McPherson for his 4 years of service. Chairman Comm. Mortensen presented a plaque to Comm. Hunewill for her 12 years of service on the Lyon County Board of Commissioners. Erich Obermayr of the Silver City Town Board presented letters of appreciation to Comm. Hunewill, Comm. McPherson and past Comm. Tibbals. Human Services Director Edrie LaVoie expressed her gratitude and presented the Senior Samaritan award to Comm. Hunewill and Comm. McPherson. 2. Presentation of plaques to two detectives from Nevada Department of Public Safety who provided assistance in the Herlacher homicide investigation Sheriff Allen Veil, Undersheriff Joe Sanford and Lieutenant Brian Veil presented awards to Detective s Will Dawson and Will Thurston of Nevada Division of Investigations for their assistance in the investigation of a missing Silver Springs resident. He then presented a certificate to dispatch manager Donna Cupp for her dedication to service during a recent phone line outage. 3. Appointed Official s report Human Services Director Edrie LaVoie informed the Board that her department is staying on top of the state budget situation facing her department. She also stated that she will have updated health cost figures at the January meeting. She will continue to explore options for the community health program. Ms LaVoie then mentioned that two of the community health nurses will be leaving employment prior to June and requested that the Board direct all questions from the public to her. Road Manager Gary Fried reported on the work that is being completed by his department. Utilities Director Mike Workman stated that the Rolling A lagoon project is complete and presently there are no problems. The new maintenance facility project is underway and on schedule. He then mentioned that his department is coordinating with the fire departments for sand bag distribution if it is needed during the upcoming storms. County Engineer Dick Faber spoke of the ongoing energy efficient light fixture replacement that is being completed through an EECBG grant. He also mentioned that he is waiting for USDA funding on the stable barn at the fairgrounds. 4. Elected Officials comments Sheriff Allen Veil reported that his department is working diligently on stopping the sale of synthetic cannabinoids. He then gave details of the businesses in Lyon County that are selling these products. Many of the businesses have voluntarily removed the product from their shelves although at least one has refused to do so. 9:30 A.M. Time Specific - Discussion and possible action on Jail Project update and tasks completed to date, including jail financial reporting, method of compiling estimates and expenditures, and fiscal transparency of the project 140 December 16, 2010

2 Discussion and possible action to approve contracts with the following: A letter from Judge William Rogers stating his unhappiness with the proposed jail and court facilities was read into the record. County Manager Jeff Page stated that the letter was received late Wednesday afternoon. He also mentioned the meetings Judge Rogers has attended and the input he has had into the project Jail Project Manager Roger Sedway introduced Ron McCullum and Marty Becker of Sletten Construction. He reported that the project is moving forward. He then stated that the drawings are 95 percent complete and if any changes need to be made it could be very costly and cause a time delay. Marty Becker of Sletten Construction spoke of the potential cost changes if any of the plans are changed. 1. PK electrical for construction administration and Low Voltage Mr. Sedway stated that this company will oversee the project on the local level. He also mentioned that the costs are already incorporated into the project budget. There was discussion on contracting directly with PK Electric or allowing CRA to contract with them. Mr. Sedway is recommending that parts 1 and 2 of the contract be administered through CRA. 2. Ainsworth mechanical for construction administration 3. RSAC for commissioning and energy solutions Comm. Fierro made a motion to continue this item to the meeting of December 23, Comm. Roberts seconded and the motion passed unanimously A.M. Time Specific Selection of Community Development Block Grant applications to be forwarded to the State of Nevada for consideration (action will be taken) CDBG Representative Maureen Williss requested that the Board select and rank the two applications that were presented at the last meeting. She also requested that the revolving loan fund be moved forward to the state for consideration. Comm. Hunewill made a motion to rank and move forward the grant applications in the following order. The Dayton Utilities septic tank reduction as proposal number 1 and the Silver Springs Mutual Water system master plan as proposal number 2. Additionally, to move the revolving loan fund on to the state. Comm. Roberts seconded and the motion passed unanimously Advisory Board reports There were no advisory board reports. 6. County Manager report County Manager Jeff Page reminded the Board that the County christmas party will take place today at 11:30 a.m. He then gave details of his meeting with governor elect Sandavol in Carson City. He also mentioned that the leadership team visited the last Fernley City Council meeting and will again be visiting all of the advisory boards. 141 December 16, 2010

3 He then commented that the meeting on January 6th will begin at 1:00 p.m. and move forward into the evening hours to allow for a joint meeting with the fairboard and the Cottonwood Road residents. Carolyn McIntosh and Scott Lommori of the Lyon County School District addressed the Board and thanked them for their support of the school district. Ms. McIntosh is hopeful that the school board and the Board can have a joint meeting in the near future. Mr. Lommori spoke of grants for broadband connections and the ability to video conference. He requested that the school district work collaboratively with Lyon County to offer this in every community. County Manager Jeff Page spoke of a meeting with Thomas Patton of Quaterra, Inc regarding the purchase of the Arimetco mine site. If the sale is completed they plan on mining the site and believe it will be a 25 year project. 7. Commissioner comments Comm. McPherson thanked the citizens of Lyon County for their support.. Comm. Fierro thanked Comm. Hunewill for her many years of service and for being such a wonderful mentor. Comm. Hunewill thanked the residents of Lyon County for the opportunity to serve them. Comm. Roberts stated that Comm. Hunewill is the perfect example of why there should not be term limits. He then thanked her for all of her support. 8. Public participation Gayle Sherman of the Comstock Residents Association commented that the association is not in favor of a zoning change that is being requested by Comstock Mining Inc for the Silver City area. Silver City resident Chris Brown stated that he does not support master plan changes to the Silver City portion of the County. Silver City resident Erich Obermayr commented that the modern day gold rush is changing life in Silver City. Terry Frawley of the US Forest Service addressed the Board. She then distributed information on the secure rural schools act and an overview of the duties of the Resource Advisory Committee (RAC). She went on to mention that Mineral and Lyon County s have been brought together with regards to the RAC which will consist of 15 people. She mentioned that in order to allocate the funds, the RAC must be seated and the work of the RAC completed by September 30, 2011 or the funds will be returned to the federal treasury. There is a total of $232,234 in title 2 funding allocated to Lyon County. She also reminded the Board that the RAC will determine in the bylaws how much of the funding will be spent in each county. Comm. Hunewill mentioned that of all the names on the potential member list only 1 is from Lyon County. She also stated that in the past Lyon County was never informed of the positions that are available. Ms. Frawley encouraged any interested persons to apply for a position on the RAC. Applications are available on the website. Mike Crawley of the US Forest Service, dedicated official to Mineral and Lyon County s, stated that any questions can be directed to him and he will respond quickly. **CONSENT AGENDA** 9. Discussion and possible approval of changes on Assessor s tax roll due to 142 December 16, 2010

4 corrections in assessments and review of tax roll changes Unsecured property factual corrections totaled $1,466.75and secured property factual corrections totaled $ Review and possible approval of business license applications: a. Shankle, Albert R.; Brisco, Michaela R.; Shankle, Susan; Al Shankle Construction Company; 3309 Grapevine, Mira Loma, CA; General Building Contractor b. Laird, Paul A.; Young, Stephen; Battle Born Sporting Clays; Parcel # , Mound House, NV; Private Sporting Clay Course and Instruction c. Richardson, Matthew M.; Richardson Welding; 38 State Route 208, Yerington, NV; Mobile Welding & Metal Fabrication and Tire Service 11. Approve Community Development Block Grant Program Annual Participation Statement and Assurances 12. Appoint Ken Gardner (with a term expiring December 31, 2014), Eric Bodenstein (with a term expiring December 31, 2012), and re-appoint Dennis Compston (with a term expiring December 31, 2014) to the Lyon County Board of Equalization 13. Appoint Russell Harig to the Dayton Regional Advisory Council, with a term expiring December 31, Appoint Wayne Aboussleman (representing Dayton), and Shannon Davenport (representing Stagecoach) and Melinda Cash (representing Mound House) to the Central Lyon County Park and Recreation Board, with terms expiring December 31, Appoint Dan Rice to the Mound House Advisory Council, with a term expiring December 31, Appoint a member to the Silver Springs Advisory Board, with a term expiring December 31, Appoint Todd O Banion and re-appoint Megan Hunewill-Wright to the Smith Valley Advisory Board, with terms expiring December 31, Re-appoint Mike Harrington, Kristina Acciari and Lindsey Stockton to the Lyon County Fairboard, with terms expiring December 31, Appointment of two South Lyon Hospital District Board Members (Debbie Ritter and John Murray) with terms expiring December 31, Re-appoint Mr. Lawrence S. Smith and Chuck Davies to the Lyon County Regional Transportation Commission, with terms expiring December 31, Approve $90,000 from the Capital Improvements Fund for expenditures for the Fernley Public Health Nurse Expansion that grant funds did not cover 22. Approve a request by the Utilities Director for the Board to release 2 old Utilities Department project related Bonds; (A) # ) issued by Riverpark Properties in 2006 for the construction of the Rolling A Induction Well and (B) #57BCSDB0496 issued by KG Walters in 2005 for the Rolling A Phase III construction. This is a house keeping agenda item to release bonds that should have been released in conjunction with acceptance of the projects 23. Approve a request by the Utilities Director for the Board to approve a Memorandum of Understanding (MOU) with the City of Yerington for the operation of the Smith Valley Water System 24. Authorize the Filing of the Notice of Completion and Release of the 10% Retention for the Lyon County Industrial Parkway Reconstruction, Number December 16, 2010

5 25. Authorize the Filing of the Notice of Completion and Release of the 10% Retention for the Lyon County Affonso Drive Reconstruction, Number Approve resignation of Mr. Virgil Arellano from the Lyon County Planning Commission, effective January 1, 2011 THIS ITEM WAS REMOVED FROM THE AGENDA. 27. Review and accept travel claims Travel claims totaled $1, and registrations totaled $ Review and accept County claims and financial report County claims totaled $1,033, and payroll totaled $1,287, Comm. Hunewill made a motion to approve the consent agenda with item #16 being heard separately and item #26 being removed. Comm. Fierro seconded and the motion passed unanimously 5-0. County Manager Jeff Page began item #16 by stating that interviews were held and the only applicant present was Mr. Steve Gamsby. Mr. Page s recommendation is to appoint Mr. Gamsby to the Silver Springs Advisory Board. Scott Keller of the Silver Springs Advisory Board commented that the by-laws of the advisory board state that members shall be appointed by the Board of Commissioners after selection by the citizens of the area represented by the advisory board. Comm. Hunewill pointed out that the proper voting procedure was not adhered to at the advisory board level. Comm. Roberts asked if it is mandatory that the recommendation of the advisory board be the person appointed. Deputy District Attorney Mark Krueger clarified that it is only a recommendation and the Board is free to appoint their own selection. Comm. McPherson is of the opinion that the advisory board recommendation should be appointed. Silver Springs resident Steve Gamsby stated that he would like to see the matter returned to the advisory board for their recommendation. Silver Springs Advisory Board member Ron Bell feels that the Board action was inappropriate. Comm. Hunewill would like to see this item go back to the advisory board and that a real election by the registered voters be used as is done by other advisory boards. Comm. Roberts made a motion to direct the Silver Springs Advisory Board to hold a selection process to make a recommendation for an advisory board member that is consistent with the bylaws. Comm. Hunewill seconded and the motion passed unanimously 5-0. **END OF CONSENT AGENDA** 29. Discussion with possible action related to a request by the Utilities Director for the Board to approve an Inter-Local Agreement with Carson City that will establish guidelines and a fee for the disposal of wastewater solids at the Carson City landfill Utilities Director Mike Workman presented this item. He stated that this will be a great solution for both entities. Comm. Fierro asked if there were other uses for the solids. Mr. Workman stated that there are other uses although they can be lengthy and require costly permitting. 144 December 16, 2010

6 Comm. Hunewill made a motion to approve as presented. Comm. Roberts seconded and the motion passed unanimously Discussion and possible action to approve a waiver to Lyon County Code Title 10, Chapter 9, to allow a mobile home more than 15 years old be issued a permit (power has been off more than 6 months), located at 25 Penrose Lane, Yerington, NV (APN ) Building Director Nick Malarchik presented this item. He stated that the condition of the inside of the home is unknown. Comm. Hunewill made a motion to approve a waiver with the following conditions: 1. Replace the existing steps at both the front and rear entrances with a landing, steps and handrail that comply with building code. 2. Replace all missing skirting. Repair or replace cracked window pane. 3. Clean up remaining refuse on property. 4. Expose ground rod to verify proper bonding of the grounding electrode. 5. The owner will accept responsibility for insuring the integrity of the inside of home and that all systems such as water, sewer, heating and electrical are operating safely. Comm. Fierro seconded and the motion passed unanimously Discussion and possible action to approve a waiver to Lyon County Code Title 10, Chapter 9, to allow a mobile home more than 15 years old be issued a permit (power has been off more than 6 months), located at 373 Six Mile Canyon Road, Dayton, NV (APN ) Building Director Nick Malarchik presented this item. He stated that the home has had several unpermitted additions. Comm. Fierro made a motion to approve the waiver with the following repairs being made prior to electric service being restored. 1. Front door cover built from railroad tie be removed. 2. Landing and step at front door be reinforced. Provide proper handrails and guardrails be installed. 3. Rear door enclosed spa/sunroom be removed or a permit be obtained from the building department. 4. Unpermitted deck needs to be reinforced, proper handrails and guardrails installed and a permit be obtained from the building department. 5. Unpermitted carport be removed or a permit be obtained from the building department. 6. Storage room attached to the garage be removed or a building permit be obtained from the building department. 7. Main drain line under the home need to be properly supported and the water lines checked by a licensed plumber. The owner will accept responsibility for insuring the integrity of the inside of home and that all systems such as water, sewer, heating and electrical are operating safely. Comm. McPherson seconded and the motion passed unanimously Discussion and possible action to approve a waiver to Lyon County Code Title 10, Chapter 9, to allow a mobile home more than 15 years old be issued a permit (power has been off more than 6 months), located at 5095 Maple Street, Silver Springs, NV (APN ) Building Director Nick Malarchik presented this item. He commented that the home is in good conditions although the porch was built without a permit. Comm. Hunewill made a motion to approve with the following conditions: 1. The unpermitted front porch cover be dismantled or a permit be obtained from the building department. 2. Repair the service panel and expose the ground rod for inspection. 145 December 16, 2010

7 3. The owner will accept responsibility for insuring the integrity of the inside of home and that all systems such as water, sewer, heating and electrical are operating safely. Comm. McPherson seconded and the motion passed unanimously Discussion and possible action on surveys from Walker River Irrigation District regarding storage water rights, ground and surface water rights and movement of water rights Comm. Mortensen stated that Walker River Irrigation District would like to have this survey completed. Comm. Hunewill made a motion to allow the Board chair to complete the survey. Comm. Fierro seconded and the motion passed unanimously 4-0. (Comm. McPherson absent). 34. Discussion and possible action to approve a resolution condemning the use, possession and sale of certain chemical compounds described as synthetic cannabinoids County Manager Jeff Page presented this item. Undersheriff Joe Sanford mentioned that several Nevada counties have passed ordinances to make synthetic cannabinoids illegal. He then requested the support of the Board. Comm. Fierro made a motion to approve as presented. Comm. Hunewill seconded and the motion passed unanimously 4-0. (Comm. McPherson absent). 35. Discussion and possible action to appoint a member to the Planning Commission (replace Mr. Ray Fierro), with a term expiring December 31, 2012 Lyon County resident Barbara Peck requested that the application time be extended since the position was only advertised for two weeks. Planning Commissioner Ervin Hill feels that the original motion was for a two week advertisement and that is sufficient time. Lyon County resident and applicant Betty Retzer was available for any questions. Comm. Roberts is of the opinion that the new appointment should come from the Stagecoach area. Comm. Fierro concurred. Comm. Mortensen recommended the appointment of Betty Retzer to the Lyon County Planning Commission. Comm. Fierro made a motion to appoint Betty Rezter to the Lyon County Planning Commission with a term expiring December 31, Comm. Hunewill seconded and the motion passed unanimously 4-0. (Comm. McPherson absent). RECESS TO CONVENE AS CENTRAL LYON COUNTY VECTOR CONTROL DISTRICT BOARD 36. Public Participation 37. Review and accept claims and financial report The cash balance as of December 10, 2010 was $559, Pay bills totaled $39.29 and there was no payroll. Comm. Hunewill made a motion to accept as presented. Comm. Roberts seconded and the motion passed unanimously 4-0. (Comm. McPherson absent). 146 December 16, 2010

8 ADJOURN TO CONVENE AS MASON VALLEY MOSQUITO ABATEMENT DISTRICT BOARD 38. Public Participation 39. Review and accept claims and financial report The cash balance as of December 10, 2010 was $170, Pay bills totaled $95.51 and payroll totaled $2, Comm. Hunewill made a motion to accept as presented. Comm. Roberts seconded and the motion passed unanimously 4-0. (Comm. McPherson absent). ADJOURN TO CONVENE AS WALKER RIVER WEED CONTROL DISTRICT BOARD 40. Public Participation 41. Review and accept claims and financial report The cash balance as of December 10, 2010 was $95, Pay bills totaled $ and there was no payroll. Comm. Hunewill made a motion to accept as presented. Comm. Fierro seconded and the motion passed unanimously 4-0 (Comm. McPherson absent). ADJOURN TO CONVENE AS WILLOWCREEK GENERAL IMPROVEMENT DISTRICT BOARD 42. Public Participation 43. Review and accept claims and financial report The cash balance as of December 10, 2010 was $426, There were no pay bills or payroll. Comm. Hunewill made a motion to accept as presented. Comm. Fierro seconded and the motion passed unanimously 4-0 (Comm. McPherson absent). ADJOURN TO CONVENE AS SILVER SPRINGS GENERAL IMPROVEMENT DISTRICT BOARD 44. Public Participation 45. Review and accept claims and financial report The cash balance as of December 10, 2010 was $1,976, Pay bills totaled $7, and there was no payroll. Comm. Hunewill made a motion to accept as presented. Comm. Fierro seconded and the motion passed unanimously 4-0 (Comm. McPherson absent). ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 147 December 16, 2010

9 46. Workshop to discuss the Lyon County Final Draft County-wide Component of the Comprehensive Master Plan (no action will be taken) Planning Director Rob Loveberg and the Board discussed changes to the proposed master plan. Comm. Hunewill commented that throughout the document the changes that were made where to stay within the budget and can be accomplished with available personnel. It was the consensus of the Board that the changes were acceptable and that the document should be brought back to the next meeting for approval. 47. Commissioner Comments There were no additional comments. 48. Approve minutes Comm. Hunewill made a motion to approve the minutes of December 2, 2010 as presented. Comm. Roberts seconded and the motion passed unanimously 4-0. (Comm. McPherson absent). 49. Future Agenda Items Comm. Mortensen requested that an item The meeting was adjourned. LYON COUNTY BOARD OF COMMISSIONERS ATTEST: JOE MORTENSEN, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 148 December 16, 2010