Comm. Milz made a motion to approve the agenda as amended. Comm. Goodman seconded and the motion passed unanimously 4-0.

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1 August 2, 2007 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Phyllis Hunewill, Commissioners Bob Milz, LeRoy Goodman and Larry McPherson, Vice-chair Don Tibbals was absent. Also present: Interim County Manager Robert Hadfield, District Attorney Bob Auer, Clerk/Treasurer Nikki Bryan and Deputy Clerk Joanne Sarkisian. 1. Review and adoption of agenda The applicant requested that item #23 be removed from the agenda. Comm. Milz made a motion to approve the agenda as amended. Comm. Goodman seconded and the motion passed unanimously Appointed Official s report Projects & Maintenance Supervisor Jack Mosby gave an update on the power at Mark Twain Park and the progress of the Silver City community center. Mr. Mosby then mentioned that the bid for the Dayton Events Center came in over budget, the bid request will be modified and reposted. He also stated that the bid for the electrical upgrades at the courthouse came in under budget and is on today s agenda for approval. Mr. Mosby then went on to give updates on the trailers at the Sheriff s department as well as the Dressler Park well and the Lyon County fairgrounds. Planning Director Rob Loveberg gave an update for Emergency Manager Jeff Page. He commented that there have been no emergencies in Mr. Page s absence. Mr. Loveberg then mentioned that the Planning department is still receiving public input on the master plan process and is still working on a date for a joint meeting between the Board and the Planning Commission. Human Services Director Edrie LaVoie gave an update on her department s strategic plan to become the anti-poverty experts for Lyon County. There will be an anti-poverty training on September 13, 2007 in Carson City. Comptroller Josh Foli informed the Board that the consolidated tax figures for the month of May have been received and it appears that the projections will be short by approximately $1,800,000. He also expects the ending fund balance to be very close to the projected amount. 3. Elected Officials comments Justice of the Peace Bill Rogers addressed the Board. He informed the Board that he will be taking an extended medical leave of absence. He has made arrangements with Judge Johnson to take over the everyday happenings with the Dayton Justice Court. Lyon County Recorder Mary Milligan distributed a report on the document count and the revenue collected annually in her department since the 1994/1995 fiscal year. Sheriff Allen Veil distributed a narcotics division statistics report from July 1, 2006 through June 30, He mentioned that the Night in the Country concert at the Lyon County fairgrounds had very few problems considering the size of the crowd attending the concert. 4. Advisory Board reports Mason Town Advisory Board representative George Murray Wilhelm gave an update on the skate park project in Mason. The project will soon be complete and the advisory board has tentatively scheduled a dedication on September 15, He thanked everyone that has participated in this project. 5. County Manager report 118 August 2, 2007

2 Interim County Manager Bob Hadfield addressed the Board regarding the finances of Lyon County. Mr. Hadfield is recommending looking at each of the departments in the County on a function by function basis and determining what the County is spending on these services. The purpose would be to provide the Board and all of the departments with the understanding of the cost of providing public services. He suggested that no new positions be created unless it can be demonstrated that the position would be revenue neutral as was the case with the Canal Township Justice Court at the last Board meeting. He then informed the Board that he had one month ago he had sent a letter to CAHI regarding the zoning violation on their parcel that had been addressed by the Board approximately one year ago. CAHI claims to have not received the letter, so Mr. Hadfield had another letter personally delivered to them informing them that they must vacate their building by August 31, :30 A.M. - an ordinance amending Lyon County Code, Title 9, Chapter 3 to amend section 5.23 by amending the existing water rights table formula: adding penalties for other use: and other matters properly relating thereto. Utilities Director Mike Workman presented this item. He gave specifics of the proposed ordinance and explained that the proposed table is based on the consumptive use formula rather that the existing water allocation table. He stated that the proposed formula will be advantageous to subdivisions that have various size lots. Comm. Hunewill asked for public comment. Yerington resident Diana Moore asked if the ordinance will affect property owners with wells. Mr. Workman stated that this ordinance will affect the Dayton and Mound House service area and only those on public utilities. Comm. Milz made a motion to approve the ordinance as presented. Comm. Goodman seconded and the motion passed unanimously Commissioner comments Comm. McPherson spoke of a tour he had taken of the new Sheriff s facility in Dayton. Comm. Goodman suggested cancelling or postponing the first meeting in October due to NACO. He also mentioned that the City of Fernley is planning on having the September 20, 2007 Board meeting at the new City Hall in Fernley. Comm. Milz spoke of meetings regarding water rights issues. He stated that Churchill County feels that Lyon County is taking water that belongs to them and will now be working directly with the Water Sub Conservancy rather than through an agreement with Lyon County. Comm. Hunewill spoke of discussions she has had with element teams from the University of Nevada DRI regarding the Walker Basin Project. 7. Public participation There was no public participation. **CONSENT AGENDA** 8. Discussion and possible approval of changes on Assessor s tax role due to corrections in assessments and review of tax roll changes Unsecured property factual corrections totaled $205.73, unsecured property uncollectible totaled $34.24 and secured property factual corrections totaled $ August 2, 2007

3 9. Review and possible approval of business license applications a. Smith, Alan J.; A.J. Smith & Sons; 928 W. Cottonwood Dr., Walker Lake, NV; Change of Address ONLY! b. Nichols, Kevin E.; Atlas Fabrication; 1105 East Robinson, Carson City, NV; Change of Address ONLY! c. Smith, Gary S. & Diane S.; Artisan Press, Inc.; 25 Cash Drive, Mound House, NV; Change in Entity and Name from Smith Printing d. Ortega, Alfredo; BinoMedic; 385 Hwy 339, Yerington, NV; Change of Address ONLY! e. Rinasz, Myron M.; BR Construction; 1668 Pinenut Road, Gardnerville, NV; Change of Address ONLY! f. Nevis, Samuel; Canyon Creek Construction, Inc.; APN , Stagecoach, NV; Addition of these parcels to Existing License for Sand & Gravel Pit g. Martinez, Mariadel Carmen; Carmen s Cleaning; 55 Freeport Blvd. #23, Sparks, NV; Change of Address ONLY! h. Robertson, John L. & Becher, David R.; Complete Millwork Services, Inc.; 4909 Goni Road, Ste.A, Carson City, NV; Change of Location ONLY! i. Peterson, Cory D.; Corys Gone Mad; 106 Bailey Street, Dayton, NV; Change of Address ONLY! j. Farr, Brent R.; Farr West Engineering; 5442 Longley Lane, #B, Reno, NV; Change of Address ONLY! k. Fields, Dale R.; 2710 Rawhide Avenue, Silver Springs, NV; Handyman Services l. Kelly, Richard & Jacqueline; Kelly, Ron; Gore Acoustics & Drywall Systems, Inc.; 4850 Joule Street #A2, Reno, NV; Change of Location ONLY! m. Glenna, Gary & Buri, Lynn D.; International Chemtex Corporation; th Street West, Lakeville, MN; Water Treatment Sales n. Saxty, Michelle L. & Gomez, Hector L.; JK Autosport; 20-B Red Rock Road, Mound House, NV; Automotive Repair o. Rumsey, Kay R. & Joe; Joe s Bobcat & Tractor; 98 Wells Fargo Avenue, Dayton, NV; Change of Address ONLY! p. Manhard Jr., Donald E.; Manhard, Peter E.; Grayn, James J.; Manhard Consulting, Ltd.; 900 Woodlands Pkwy, Vernon Hills, IL; Engineering Services q. Reutner, Scott W. & Shanks, Michael E.; Modern Concrete, Inc.; 1777 Sharps Access, Elko, NV; Selling Ready mix Concrete r. Faiella, Matthew; MBF Enterprise, LLC; 851 E. Glendale Avenue, Sparks, NV; Water Filtration Sales s. Page, Bryan C.; Page Plumbing; 303 Dayton Street, Yerington, NV; Plumbing Contractor t. Johnson, Eric; Omini, LLC dba/ PC Repair Guy; 46 N. Main Street, Yerington, NV; Change of Location ONLY! u. Robertson, John L.; Robertson Cabinets & Fixtures; 4909 Goni Road #A, Carson City, NV; Change of Location ONLY! v. Mills, Roger A.; Ram Home Services, Inc. dba/ Roger Mills Construction; Sazarac Road, Virginia City Highlands, NV; Change of Address ONLY! w. Nelson, Ronald E. & Dawn M.; RND Construction, Inc.; 3840 Sweetland Drive, Carson City, NV; Change of Address ONLY! x. Appelmann, Joseph J.; Hord, Fenton; Kropp, Edward; SBS Construction Services of Nevada, LLC; 972 United Circle, Sparks, NV; Finish Carpentry Contractor y. Olson, Jesse; Kergaugh, Hydie V.; Olson, Laurie; Sierra Nevada Electric, LLC; 3656 Research Way #34, Carson City, NV; Change of Address ONLY! z. Capurro, Keith & Oppio, Charles; Sierra Restroom Solutions; 695 Ferrari McLeod, Reno, NV; Change of Location ONLY! aa. Watson, Bret & Steuernagel, Jason; Sierra Technology & Consulting, LLC; 6880 S. McCarran Blvd., Reno, NV; Change of Address ONLY! bb. Sprinkel, Stephen S. & Cathy L.; DLM Construction, Inc. dba/ Sierra Wall Systems; 120 August 2, 2007

4 cc. 50 Artisan Means Way, Reno, NV; Change of Location ONLY! Ramirez, Richard M.; Washoe Water Services; 6340 East Cree Court, Sun Valley, NV; Change Water Filtration Equipment Filters 10. Discussion and possible action to approve addition of hours to one part time Library Assistant I position with a decrease in Temporary Salary Expense to equal the cost 11. Accept the low bid of $88,936 as proposed by Town & Country Electric, Inc for the Electrical Service Change for the Lyon County Courthouse 12. Approval of the Certificate of Completion and accept for maintenance the off-site improvements for Riverpark Subdivision, Phase 2, Unit 9, located in Dayton, Nevada 13. Approve the release of the one year / 10% maintenance bond for Canyon Estates, Phase 10A, located in Dayton, Nevada 14. Approve the release of the one year / 10% maintenance bond for the paved bike path and v-ditch within the Canyon Estates Subdivision, Phase 11, located in Dayton, Nevada 15. Approve an engineering services agreement, in the amount of $60,000, between Lyon County and PBS&J for engineering services to the Silver Springs Airport 16. Approve task order under master engineering agreement with Farr West Engineering in the amount of $24,000 for engineering services involved with installing fire suppression lines at the Silver Springs Airport. This is entirely grantfunded 17. Approval of annual budgets for Mason Valley, Smith Valley, Churchill Valley and Dayton Valley Groundwater Basins. 18. Approve a contract with Events Security for security personnel at the Lyon County Fair & Rodeo to be held August 16-19, Approve contract for fireworks display at the Lyon County Fair & Rodeo with Lantis Fireworks and Lasers 20. Review and accept travel claims as presented by Comptroller Travel claims totaled $4, and registrations totaled $3, Review and accept County claims and financial report as presented by Comptroller County claims totaled $2,371, and payroll totaled $1,145, Comm. Milz requested that item #10 be heard separately. Comptroller Josh Foli requested that item #15 be heard separately. Comm. Milz made a motion to approve the consent agenda with item #10 and item #15 being heard separately. Comm. Goodman seconded and the motion passed unanimously 4-0. Comm. Milz asked if item # 10 would be a revenue neutral item. 121 August 2, 2007

5 Comptroller Josh Foli stated that it would be. The position would increase hours for part time help and decrease hours for temporary help. Comm. Milz made a motion to approve item #10 as presented. Comm. Goodman seconded and the motion passed unanimously 4-0. Comptroller Josh Foli presented item #15. Mr. Foli stated that the FAA will no longer be approving projects until the preliminary engineering has been completed. The risk to the County will be that if the FAA does not approve the project, the County will be liable for the $60,000 engineering bill. Jim Clague of PBS&J gave details of the grant process through the FAA. Comm. Goodman asked the likelihood of receiving the grant. Mr. Clague stated that the odds of receiving the grant were very high. Comm. Milz asked which budget the contract expense would be taken from. Mr. Foli stated that it would come from the surplus building maintenance reserve fund. Comm. McPherson asked the total cost of the project. Mr. Clague stated that the cost is estimated at $400,000. This amount would be funded ninetyfive percent by the FAA and five percent by the Nevada Aviation Trust Fund. There will be no cost to the County. Comm. Milz made a motion to approve item #15 as presented. Comm. Goodman seconded and the motion passed unanimously 4-0. **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 22. Review and possible approval of temporary liquor license application a. Yerington Rotary Club; Onion Festival, Lyon County Fairgrounds; Temporary Liquor Permit for: July 27-29, 2007 ONLY! b. Yerington Rotary Club; Lyon County Fair & Rodeo, Lyon County Fairgrounds; Temporary Liquor Permits for: Aug 16-19, 2007 ONLY! Comm. McPherson made a motion to approve as presented. Comm. Hunewill seconded and the motion passed unanimously 4-0. Comm. Goodman mentioned that routinely temporary liquor licenses come before the Board after the event has taken place. Comm. Goodman had questions regarding liability. He also feels that events planned well in advance should have all liquor licenses approved prior to the event. Clerk/Treasurer Nikki Bryan mentioned that the Board had previously granted the Clerk s office authority to issue temporary liquor permits as well as temporary business licenses without the approval of the Board. Comm. Hunewill stated that the Board should discuss whether these types of items need to be brought before the Board since the Clerk s office has the authority to issue temporary permits. ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 23. DIAMOND HOT SPRINGS/JAMIESON, BRAD D./HOMESTRETCH ENERGY, LLC MASTER PLAN AMENDMENT Request to amend the master plan from Public Land/Open Space to Low Density Residential on APN (approximately 122 August 2, 2007

6 40 acres) and on an approximately 120 acre portion of APN ; located at 75 Julian Lane, Mason Valley (APNs & ); PLZ (action will be taken) This item was removed from the agenda. 24. CARSON RIVER ESTATES/FLATLEY, TERRANCE B./THORSON, PAUL E. & HUGH B. MASTER PLAN AMENDMENT Request to amend the master plan from Low Density Residential to Medium Density Residential on an approximately 2.34 acre portion of the 5.46 acre parcel, located at 61 Quilici Road, Dayton (APN ); PLZ (action will be taken) Planning Director Rob Loveberg presented this item. Dennis Smith of Western Engineering presented an exhibit to the Board showing the location of this parcel. He explained that this change would be in compliance with the master plan. Comm. Hunewill asked for and received no public comment. Comm. Milz made a motion to approve as presented based on the following findings: 1. The proposed amendment has demonstrated and responds to changed conditions or further studies that have occurred since the Master Plan was adopted by the Board, and the requested amendment represents a more desirable utilization of land; 2. The proposed amendment will not adversely affect the implementation of the Master Plan Goals, Objectives, and Actions, and will not adversely impact the public health, safety or welfare since the proposed Master Plan Amendment encourages a higher density development pattern within the service area of the local water and sewer utility; and 3. The proposed amendment will promote the desired pattern for the orderly physical growth in the County, based on the least amount of natural resource impairment and the efficient expenditure of public funds since the proposed amendment facilitates orderly physical growth patterns, and maintains compact development patterns. Comm. Goodman seconded and the motion passed unanimously CARSON RIVER ESTATES/FLATLEY, TERRANCE B./THORSON, PAUL E. & HUGH B. ZONE CHANGE Request to change the zoning from RR-5, Fifth Rural Residential District (20 acre minimum), to RR-1, First Rural Residential District (1 acre minimum), on an approximately 3.12 acre portion and to E-1, First Estates Residential District (12,000 square feet minimum), on an approximately 2.34 acre portion of a 5.46 acre parcel, located at 61 Quilici Road, Dayton (APN ); PLZ (action will be taken ) Planning Director Rob Loveberg presented this item. He mentioned that the Planning Commission unanimously recommended approval of this request. Comm. Milz asked if the Barone ditch would be safe for the children of the area. Dennis Smith of Western Engineering stated that it has been proposed that the ditch be converted to piping before development. The maintenance of the piping would fall to the developer and not to the ditch users. He also mentioned that any approval of a tentative map would have to include an HOA to maintain the piping. Comm. Milz made a motion to approve as presented based on the following findings: 1. The requested Zone Change is in substantial compliance with the Master Plan Land Use Map: 2. The requested Zone Change will provide for land uses compatible with existing adjacent land uses and will not have detrimental impacts to other properties in the vicinity, and 3. The requested Zone Change will not negatively impact existing or planned public services or facilities and will not adversely impact the public health, safety and welfare Comm. Goodman seconded and the motion passed unanimously August 2, 2007

7 26. Discussion and possible action to waive the fee for an expired building permit for a hardship case for, Gary Teal, and extend the permit for one year to 07/12/08, at 3465 Bowers Avenue Silver Springs, Nevada. Building Director Nick Malarchik presented this item. He stated this is a very unusual situation and recommended approval. Comm. Milz made a motion to approve as presented. Comm. McPherson seconded and the motion passed unanimously Presentation and update on the progress of the Lyon County School District s Master Facilities Planning effort by MGT Inc. Senior Education Consultant of MGT Inc. William J. Carnes presented this item. Mr. Carnes began by speaking of the purpose of the Master Facilities Plan. Joseph Clark of MGT Inc. addressed the Board and gave a brief description of the project. Mr. Carnes and Mr. Clark gave a presentation on the Master Facilities Planning for the Lyon County School District. 28. Discussion with possible action related to a request by the Utilities Director to accept the Rolling A, Phase 3 wastewater treatment facility expansion project as completed and to release a portion of the contractor s retention in the amount of $400, dollars and authorize Donette Barreto, Utilities Department Engineer to release the remaining $50,000 when final testing reports have been received Utilities Director Mike Workman presented this item. Mr. Workman stated that this is the final completion of the Rolling A. Utilities Department Engineer Donette Barreto distributed and gave details of a final report for the Rolling A wastewater treatment facility. Comm. Milz made a motion to approve as presented. Comm. Goodman seconded and the motion passed unanimously Discussion with possible action related to a request by the Utilities Director for the Board to proceed with and accept loans and grants from USDA Rural Development for the design and construction of a new Crystal Clear water system and to authorize the Board Chairman to sign the Letter of Intent, the Request for Obligation of Funds and related loan and grant processing forms on behalf of the County Utilities Director Mike Workman presented the loan application and distributed the funding scenario which he feels will be most beneficial to Crystal Clear Water Company. This scenario will allow for additional growth and connection to the City of Yerington. Mr. Workman explained that the USDA is willing to pay for the upsizing of the facility. Mr. Workman also mentioned that the monthly cost per EDU will be approximately one-half of what had been projected. Comm. Milz made a motion to approve as presented. Comm. McPherson seconded and the motion passed unanimously Discussion and possible action to propose an amendment to Lyon County Code Title 5, Chapter 01, Subchapter 14 increasing work card fees from $50.00 to $100.00; increasing the frequency of herpes testing; further prohibiting the issuance of work cards to persons convicted of possession of drug paraphernalia, and other matters properly relating thereto Sheriff Allen Veil presented this item. He mentioned that the work card fees have not been increased in more than eighteen years. Sheriff Veil also feels that by prohibiting persons 124 August 2, 2007

8 convicted of drug related crimes or sex crimes from holding a work card will help with the criminal element. Sheriff Veil also stated that the cost to the County for a background check is currently more than the cost of a work card. Comm. Milz would like to schedule a meeting with the Brothel Board to seek input on this item. Comm. Milz proposed this ordinance as presented. 31. Board discussion and possible action/direction on the County Manager position recruitment process Human Resources Director Steve Englert presented this item. He stated that one on one interviews were held on July 26, Comm. Milz made a motion to begin formal employment negotiations with Mr. Dennis Stark for the position of Lyon County Manager. Comm. Goodman seconded and the motion passed unanimously Approve minutes Comm. McPherson made a motion to approve the minutes of July 19, Comm. Milz seconded and the motion passed unanimously 4-0. The meeting was adjourned. LYON COUNTY BOARD OF COMMISSIONERS ATTEST: PHYLLIS HUNEWILL, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 125 August 2, 2007

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