Comm. Tibbals requested that item #23, item #24, item #25, item #26 and item #34 be removed from the agenda.

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1 February 7, 2008 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Don Tibbals, Vice-chair Larry McPherson, Commissioners Phyllis Hunewill, Bob Milz and LeRoy Goodman. Also present: County Manager Dennis Stark, District Attorney Bob Auer, Clerk/Treasurer Nikki Bryan and Deputy Clerk Joanne Sarkisian. 1. Review and adoption of agenda Comm. Tibbals requested that item #23, item #24, item #25, item #26 and item #34 be removed from the agenda. There was a consensus of the Board to approve the agenda as amended. 2. Appointed Official s report Comptroller Josh Foli informed the Board that the Crystal Clear waterline project is moving forward. USDA requires the County to pay for expenditures up front and then request reimbursement. Therefore he will be taking bids on a million dollar line of credit to finance these costs. 3. Elected Officials comments There were no elected official reports. 4. Advisory Board reports Stagecoach Advisory Board Secretary Betty Retzer thanked the Board for installing the blinking light on the Stagecoach cell tower. She then informed the Board that they will be receiving a letter requesting their help in repairing the Stagecoach reader board. Comm. Milz informed Ms. Retzer that she will need to contact the room tax board to help with those repairs. 5. County Manager report County Manager Dennis Stark mentioned that he recently had a seminar and workshop with the leadership team. He then spoke of the hazard mitigation program that is taking place within the County and informed the Board that the US Highway 50 advisory committee is creating a project ranking list. Mr. Stark informed all in attendance that Comm. McPherson was interviewed by KREN and that will be airing February 13, He then mentioned meetings with the Silver City Town Board and the Comstock Cemetery Foundation to work out an agreement for oversight with the Silver City Cemetery. Mr. Stark mentioned that NDOT is accumulating wood from the trees removed along Highway 95A and would like the Board s help to distribute the wood. 6. Commissioner comments Comm. Hunewill spoke of a meeting concerning the grazing allotment users in the proposed wilderness areas that are being proposed in the lands bill. She mentioned that the wilderness areas being proposed consists of all roads less areas of Forest Service land from the Esmeralda County line to Wilson Canyon. There are also two areas of the Pinenut mountains including Rawe Peak and Lyon Peak being proposed to be designated as wilderness areas. Comm. McPherson spoke of the V&T Railroad and the lack of funds available. Comm. Milz had no comments. 246 February 7, 2008

2 Comm. Goodman mentioned the site selection taking place for a new post office in the City of Fernley. The hope to is have a new facility by the fall of He then commented on the opening of Wal-Mart that is scheduled for March 2, Comm. Tibbals spoke of the second bridge along Dayton Valley Road. He would like to hire a hydrologist to survey the river and try to reduce the span of the bridge. 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: a. Rainey, Mark C. & Joelle C.; M & J Nevada, Inc. dba/ Affordable Paralegal Services; 316 San Rama Drive, Dayton, NV; Change of Location ONLY! b. Kenney, Deanna J. & Charles K.; A Helping Hand; 200 West Main Street, Dayton, NV; Thrift Store c. Andrews, Paul D. & Patricia; Andrews Plumbing & Repair, Inc.; 2720 Valleyview Drive, Reno, NV; Plumbing d. Leary, John & Rufus, Gregory; Bruce Aerospace, Inc.; 101 Evans Avenue, Dayton, NV; Manufacturing Lighting for Airplanes and Trains e. Reichle, Chad L.; C.R. Bail Bonds; 1372 Cardinal Court, Gardnerville, NV; Bail Bond Company f. Kelly, Gene; Collectors Arms Trading Co., Inc. dba/catco, Inc.; 2585 Ramsey Weeks Cutoff, Silver Springs, NV; Firearms Mfg. & Wholesale of Firearms & Accessories g. De Langie, Claudine; Claudine s Clothes Hook; 1050 Hwy 50 East, Silver Springs, NV; New Clothing Sales h. McCaffety, Arvin G.; Clear View Enterprises; 340 Western Road, Unit #4, Reno, NV; Install Custom Commercial Kitchen Equipment i. Bevers, Ron & Brenda; Coffee & Coolers Etc., Inc.; 50 E. Greg Street, #102, Sparks, NV; Coffee/Water Service j. Osborne, David G.; Hold-Em Pro; 163 Garnet Circle, Mound House, NV; Professional Poker Player k. Pasto, John E.; IHOSTFORU; 1501 Riverpark Parkway, Dayton, NV; Website Hosting l. Miller, Earl D.; Miller & Miller Electric, Inc. ; 830 Whites Creek Lane, Reno, NV; Electrical Work m. Sanders, David L. & Parson, Craig L.; Mountain View Electric, Inc.; 1175 Fairview Drive, Suite E, Carson City, NV; Electrical Contractor n. Austin, Steven A.; Nevada Flooring and Carpet; 98 S. Laverne Street, Fallon, NV; Sales/Installation of Flooring o. Good, Mark C.; Nyman, Alfred W.; Sears Home Improvement Products, Inc.; 4320 N. Lamb Boulevard, Las Vegas, NV; Doors, Windows, Siding, Cabinets, HVAC p. Chance, Stacey A.; Tool Grinding & Supply, LLC; 59 Cowee Drive, #B, Mound House, NV; Resale, Sharpening, Manufacturing, & Modification of Cutting Tools q. Forrest, Nancy L.; Top to Bottom Clean; 2895 Rawhide Street, Silver Springs, NV; Cleaning Service r. Hayden, Lisa A.; Lisa A. Hayden, A Professional Corporation dba/yerington Veterinary Hospital; 735 South Main Street, Yerington, NV; Change of Name & Entity Type ONLY! 10. Approve and sign business associate agreements with the Division for Aging Services for the following grants: BX; LX; ; EX; and BX 11. Approve a contract with the Nevada Rural Housing Authority to award them $100,000 from Low-Income Housing Trust Funds in the HOME program for a Security Deposit Assistance Program. This is completely funded from grants 247 February 7, 2008

3 12. Approve release of the one year, 10% maintenance bond for Santa Maria Ranch Phase 1 subdivision, located in Dayton Nevada 13. Approve proclamation naming February 3-9, 2008 as Food Check-out Week in Lyon County, sponsored by the State and County Farm Bureau Women s Leadership Committees 14. Approve a license agreement between Lyon County and Highlands Wireless Inc., for rack space on the Pine Grove Radio Site 15. Approve a request by the Utilities Director for the Board to authorize the release of funds that are being held as security for ground water rights borrowed by Dayton Valley Investors (DVI) under the terms of the Interim Transfer Agreement and to accept deeds to record, to cover borrowed water rights 16. Authorize Dayton Justice Court to utilize Steven Kibbe as a pro-tempore judge 17. Approve May 17, 2008 as the date for the County surplus equipment and property auction and approve a contract with Baxtin Management Group to provide auction services 18. Review and accept travel claims as presented by Comptroller Travel claims totaled $1, and registrations totaled $3, Review and accept County claims and financial report as presented by Comptroller Pay bills totaled $1,483, and payroll totaled $2,169, Comm. Hunewill made a motion to approve the consent agenda with item #9b being heard separately. Comm. McPherson seconded and the motion passed unanimously 5-0. Comm. Milz had questions regarding item #9b. He commented that he has received several complaints about the amount of storage located outside the building at that location. Clerk/Treasurer Nikki Bryan stated that complaints had also been received by her office. She can place a condition on the license that outside storage not be allowed. Comm. Milz made a motion to approve item #9b with the condition that there is to be no outside storage. Comm. Hunewill seconded and the motion passed unanimously 5-0. **END OF CONSENT AGENDA** **CONSENT AGENDA FOR PLANNING APPLICATIONS** 20. MILES CONSTRUCTION/CENTRAL LYON COUNTY FIRE PROTECTION DISTRICT SPECIAL USE PERMIT Request for a special use permit to build a fire station on approximately 4.35 acres; located at 4030 Deodar Street, Silver Springs (APN ) PLZ The conditions are as follows: 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 provide a revised site plan showing the entire area to be utilized identifying the following features: a. All buildings, structures and permanently sited equipment; b. Access showing the primary driveway directly opposite to Deodar Street c. Any proposed security features and fencing; d. Exterior lighting; e. Storage areas and facilities f. Parking g. Area for future expansion 3. The applicant shall comply with all applicable fire and building code requirements. 248 February 7, 2008

4 4. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections. 5. If lighting is provided, it shall be so arranged to reflect away from residential areas, any public street or highway. 6. The public driveway and parking lot shall be paved and driveway approaches off Spruce Avenue must be paved. Any gravel areas shall be for fire department use only. Access to the site from the nearest existing roadway must comply with Lyon County Road Department and the local Fire Department requirements. 7. The applicant shall comply with Lyon County s 1996 drainage guidelines, as revised. 8. The applicant shall limit signage to the placement of one sign not to exceed 32 square feet in area. The sign shall not be illuminated, nor exceed 12 feet in height. 9. The applicant shall obtain Planning Department approval of the site improvements, including access, driveways, parking and exterior lighting prior to the issuance of any building permits and prior to the issuance of the special use permit. The primary driveway shall be located directly across from Deodar Street to reduce turning conflicts and provide for increase intersection safety. 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. 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. 12. 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. 13. The special use permit is subject to annual review by Lyon County. 14. The applicants shall connect to the municipal utilities in the area. Comm. Hunewill made a motion to approve item #20 of the consent agenda with item #21 and item #22 being heard separately. Comm. Goodman seconded and the motion passed unanimously SIERRA PACIFIC POWER COMPANY SPECIAL USE PERMIT Request for a special use permit to upgrade and expand the existing Mark Twain (electrical) Substation to a 120kV configuration, and to change the existing 60kV line tap to a 120kV line fold into the existing SPPC 120kV electric power line #126 from Ft. Churchill Power Plant to the Steamboat Substation; on approximately 2 acres located approximately one (1) mile northwest of Highway 50 on Six Mile Canyon Road, Mark Twain (APN ) PLZ The conditions are as follows: 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 provide a site plan showing the entire area to be utilized identifying the following features: a. All buildings, structures and permanently sited equipment; b. Access c. Security features and fencing; d. Exterior lighting; e. Storage areas and facilities. 3. The applicant shall comply with all applicable fire and building code requirements. 4. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections. 5. If lighting is provided, it shall be so arranged to reflect away from residential areas, any public street or highway. 6. A driveway apron conforming to the Lyon County Roads AC Driveway Apron Detail shall be installed. All driveways and entry areas shall be graveled. Access to the site from the nearest existing roadway must comply with Lyon County Road Department and the local Fire Department requirements. Adequate space for a Sierra Pacific Power Company service vehicle shall be provided between the edge of the road and gate.. 7. The applicant shall comply with Lyon County s 1996 drainage guidelines, as revised. 8. The applicant shall limit signage to the placement of one sign not to exceed 32 square feet in area. The sign shall not be illuminated, nor exceed 12 feet in height. 9. The applicant shall obtain Planning Department approval of the site improvements, including access, driveways, grading and exterior lighting prior to the issuance of any building permits and prior to the issuance of the special use permit. 249 February 7, 2008

5 10. The hours of operation during construction will be limited to daylight hours, not to exceed 7:00 A.M. to 7:00 P.M.; any consideration to expand these hours of operation will need the planning commission s review and consent. 11. The facility shall not be occupied for any residential use. 12. 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. 13. 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. 14. 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. 15. The special use permit is subject to annual review by Lyon County. Planner Paul Esswein presented item #21. He stated that staff and the planning commission recommend approval of this item with the fifteen conditions listed. Mark Sullivan, Sierra Pacific Power Company Land Use Consultant, began by presenting a map showing the existing facility and the proposed expansion. He commented that demand is currently challenging to meet in the area and stated that Sierra Pacific Power would like to expand this facility to provide better service. Mr. Sullivan said that the reason this site is being considered is that service providers have an agreement with the Public Utilities Commission and an obligation to the rate payers to use the lowest cost alternative. He then gave details of the grid power system and its functions and mentioned that the facility has been in place since Mr. Sullivan went on to say that some of the citizen s concerns are the noticing of residents, fencing and grading work that has already begun. He mentioned that a grading permit was obtained prior to any work beginning. Mr. Sullivan then presented a photo of the proposed block fencing. Comm. Goodman asked where the existing power at this substation comes from. Mr. Sullivan commented that currently the power comes from Tracy Clark and Fort Churchill power stations. Dwight Way resident Dave Leuty stated his concerns with this project. He commented that the proposed block wall will be eight feet tall and entirely block his view. Mr. Leuty then suggested moving this project closer to the park. He also mentioned that he had collected a petition with approximately ninety signatures opposing this project. Comm. Hunewill asked if the power station was existing when the residents purchased their homes. Mr. Leuty confirmed that is was. Mark Twain resident Kelly Gills spoke of her concerns with this project. Mark Twain resident Cory Cooper spoke of his opposition to this project. He pleaded with the Board to deny this project. Dwight Way resident Patricia Cooper also spoke of her concerns with the power station expansion. Dwight Way resident Hope Nichols mentioned the notification process by Sierra Pacific and feels the substation should be moved to a remote area. Ms. Nichols confirmed that she had been notified by Lyon County of the planning commission meeting. Paul Esswein gave details of the notification process that the County had taken. He then read the names of all residents within three hundred feet of the site that had been notified. 250 February 7, 2008

6 Comm. Milz proposed a compromise to move the proposed facility closer to the park. He then asked Mr. Sullivan of Sierra Pacific Power if a compromise would be something that would be considered. Comm. Milz made a motion to continue this item until the applicant has come to a workable solution with County staff and the County Manager. Comm. Hunewill seconded and the motion passed by majority 4-1 (Comm. Goodman opposed). 22. SMITH, BRADLEY & SHERRY DIVISION OF LAND INTO LARGE PARCELS FINAL MAP - Request for approval of the Division into Large Parcel Final Map; the map is to divide an approximately acre parcel into 7 lots, varying in size from gross acres to gross acres, located within the West half of Section 22, T17N R23E, Stagecoach (APN ) PLZ Comm. Milz requested that the planning department present item #22 and state the reasons staff and the planning commission are requesting approval of this final map. Comm. Milz also mentioned that the Board was not given enough information to form an opinion on this item. Planner Paul Esswein gave the details of the proposed map. Comm. Hunewill asked if all of the seventeen conditions placed on the tentative map on April 7, 2007 had been met. Mr. Esswein stated that they had. Dennis Smith of Western Engineering represented the applicant. He began by commenting that the biggest concern had been with Break A Heart Road. The applicant has done extensive testing to prove to the County that the road meets the all weather surface conditions for emergency vehicles. He then stated that all of the conditions have been met and that a conditions sheet has been presented to the planning department. Planner Paul Esswein stated that he will have more information on item #22 available later in the meeting. Comm. Milz made a motion to continue item #22 until later in today s meeting. Comm. Hunewill seconded and the motion passed unanimously :30 am- Bill 08-01, an ordinance amending Lyon County Code Title 7, police regulations, chapter 01, animals and animal services, subchapter 05, prohibited acts and conditions to establish additional prohibited acts and conditions including prohibitions against fighting, injury and overwork, enclosures and restraints, cruel and unusual uses, horse tripping, and other matters properly relating thereto Silver Springs resident Tom Blomquist spoke of the cruelty issues associated with horse tripping and cow flipping. He then encouraged the Board to pass this ordinance. Stagecoach resident Willis Lamb stated his opinion on cruelty to animals and the dangers of cow tailing. Bob Rubis of Tri County Rodeo Events Association, gave the specifics of how the animals used in his rodeos are cared for. Comm. McPherson made a motion to approve the ordinance as presented. Comm. Milz seconded and the motion passed unanimously 5-0. A BREAK WAS TAKEN AT THIS TIME ITEM #22 WAS RESUMED AT THIS TIME. Planner Paul Esswein presented the 17 conditions associated with item #22. He stated that all of the conditions are County standards with the exception of the improvements to Break A Heart Road. He also stated that the improvements have been completed to the satisfaction of the county engineer. 251 February 7, 2008

7 Dennis Smith of Western Engineering commented that the fire department has reviewed and approved the map. He also stated that the applicant has met all of the conditions associated with this map. It was proven to the fire department that the road can withstand a seventy-five hundred pound load. Comm. Milz asked of there is a jurat on the map stating that the County does not maintain this road. Mr. Smith commented that it should be on the map and if not will be placed there. Comm. Milz made a motion to approve item #22 as presented with the condition that a jurat be placed on the map stating that the road is not county owned or maintained. Comm. McPherson seconded and the motion passed unanimously 5-0. *END OF PLANNING APPLICATIONS CONSENT AGENDA **PUBLIC HEARING ON REGULAR PLANNING APPLICATIONS** 23. IBI PROPERTIES, LLC MASTER PLAN AMENDMENT Request to change the master plan from Low Density Residential to Medium Density Residential on approximately 36 acres of an approximately total acre parcel; located at Hwy 50 East and River Road, Dayton (APN ) PLZ THIS ITEM WAS REMOVED FROM THE AGENDA. 24. IBI PROPERTIES, LLC ZONE CHANGE Request to change the zoning from RR- 1, First Rural Residential District (1 acre minimum), to E-1, First Estates Residential District (12,000 square feet minimum), on approximately 36 acres of an approximately total acre parcel; located at Hwy 50 East and River Road, Dayton (APN ) PLZ THIS ITEM WAS REMOVED FROM THE AGENDA. 25. DAYTON FIFTY, LLC MASTER PLAN AMENDMENT Request to change the master plan from High Density Residential to Commercial on approximately acres of an approximately total acre parcel; located at Pine Cone Road, Highway 50, Rose Peak Road and Flowery Avenue, Dayton (APN ) PLZ THIS ITEM WAS REMOVED FROM THE AGENDA. 26. DAYTON FIFTY, LLC ZONE CHANGE Request to change the zoning from E- 1T, First Estates Residential District with Mobile Home Overlay (12,000 square feet minimum), to C-2, General Commercial, on approximately acres of an approximately total acre parcel; located at Pine Cone Road, Highway 50, Rose Peak Road and Flowery Avenue, Dayton (APN ) PLZ THIS ITEM WAS REMOVED FROM THE AGENDA. 27. LAHONTAN COMMERCIAL INVESTMENTS, LLC/PRICELESS REALTY, INC. MASTER PLAN AMENDMENT Request to change the master plan from Low Density Residential to Commercial on three parcels consisting of 7.64 acres, 7.61 acres and 9.57 acres, and totaling approximately acres; located at 1955 Ramsey- Weeks Cutoff, Silver Springs (APN , , ) PLZ Comm. Milz made a motion to hear item #27 and item #28 together. Comm. McPherson seconded and the motion passed unanimously LAHONTAN COMMERCIAL INVESTMENTS, LLC/PRICELESS REALTY, INC. ZONE CHANGE Request to change the zoning from RR-3, Third Rural Residential District (5 acre minimum), to C-1, Limited Commercial, on two parcels consisting of 7.61 acres (APN ), and 9.57 acres (APN ), and totaling approximately acres; located at 1955 Ramsey-Weeks Cutoff, Silver Springs (APN , ) PLZ February 7, 2008

8 THIS ITEM WAS HEARD JOINTLY WITH ITEM #27 Planner Paul Esswein presented item #27 and item #28. Mr. Esswein stated that the planning commission recommends denial of this zone change. Infrastructure was a concern of the planning department as well as required road improvements. Mr. Esswein commented that water and sewer were approximately two miles away from the site. Mr. Esswein went on to say that Ramsey Weeks Cutoff is currently a sixty foot right of way in failing condition. This project would require a minimum eighty foot right of way and the road constructed to handle the increased traffic. Road Manager Gary Fried spoke of the failing condition of Ramsey Weeks Cutoff. He then gave details of the traffic flow along the road. Mr. Fried is of the opinion that this road could not handle a commercial center. Comm. Goodman stated that if Ramsey Weeks Cutoff is in a failed condition that is a problem that needs to be addressed by the County. Melissa Lindeau of Wood Rodgers Engineering presented the benefits of the proposed site for this commercial center. She also stated that a portion of the site is currently zoned commercial and the applicant is willing to invest in the placement of sewer and water services. Vida Keller, property owner, stated that when she purchased the parcels she had the understanding that the parcels were zoned commercial. While in the process of developing these parcels she was informed of an error and that two of the three parcels were zoned residential. Ms. Keller commented that it would be approximately eighteen to twenty-four months before a project could be completed. This would possibly be enough time to find a solution to Ramsey Weeks Cutoff. Comm. Milz asked for confirmation that the applicant was willing to pay for the water and sewer to the property and possibly for sewer expansion. Ms. Keller responded that she would pay for water and sewer to the property and a reasonable amount if indeed the sewer plant needs to be expanded. Comm. Hunewill noted that none of the letters of support provided by the applicant were from residents in the area of the subject property. Planner Paul Esswein explained that if the master plan is amended as requested in item #27 it will mean that commercial industry is acceptable in the area. If item #28 is approved for C-1 zoning it will then be zoned for limited commercial. This would make commercial development inevitable in this location. Comm. Goodman commented that the infrastructure is a large undertaking. He also feels that the people of Silver Springs are looking for commercial development in their area. Silver Springs resident Bud Adair spoke in opposition of the master plan amendment. Aspen Street resident Dan Caven commented that this is not an acceptable project for Ramsey Weeks. He then asked the Board to deny these items. Silver Springs resident Ray Johnson commented that this master plan amendment and zone change would be beneficial to the citizens of Silver Springs. He also stated that there is not sufficient acreage along Highway 50 or Highway 95A for this type of project. Silver Springs resident Frank Viegas spoke in opposition of these items. He then mentioned the lack of infrastructure in the area. Comm. Milz stated that he is not in favor of this project. The Board must determine if a change to the master plan would be beneficial to the citizens of Silver Springs. 253 February 7, 2008

9 Silver Springs resident Kay Bennett spoke of the need for commercial development in the Silver Springs area. She urged the Board to consider the benefit to the community and approve this item. Aspen Street resident Sandy Caven feels that another location should be considered. She would like to keep this project out of her front yard. Silver Springs Mutual Water Company employee Don Allen commented on the utilities and the need for the developer to pay the cost of bringing services to the site. Comm. McPherson made a motion to approve item #27 as presented. Comm. Goodman seconded and the motion passed by majority 3-2 (Comm. Hunewill and Comm. Milz opposed). Comm. McPherson made a motion to approve item #28 as presented. Comm. Goodman seconded and the motion passed by majority 3-2 (Comm. Hunewill and Comm. Milz opposed). A LUNCH BREAK WAS TAKEN AT THIS TIME 29. SELLERS, RICHARD & PHAM, BONG - MASTER PLAN AMENDMENT Request to change the master plan from Low Density Residential to Commercial on approximately 40 acres; located at 1895 W. Ninth Street, Silver Springs (APN ) PLZ Planner Paul Esswein requested that item #29 and item #30 be heard together. Comm. Milz made a motion to hear item #29 and item #30 together. Comm. Goodman seconded and the motion passed unanimously SELLERS, RICHARD & PHAM, BONG - ZONE CHANGE Request to change zoning from RR-5, Fifth Rural Residential District (20 acre minimum), to C-1, Limited Commercial, on approximately 40 acres; located at 1895 W. Ninth Street, Silver Springs (APN ) PLZ THIS ITEM WAS HEARD JOINTLY WITH ITEM #29 Planner Paul Esswein presented these items. He stated that staff and the planning commission recommend denial of the applicant s request. Applicant Richard Sellers gave a presentation on the merits of this project. He mentioned that he had surveyed the citizens of Silver Springs and received a very favorable response. Comm. Hunewill had concerns and questions regarding the topography of the site. Silver Springs resident Bud Adair expressed his concerns and opposition to these items. Comm. Goodman mentioned that he has received several calls from citizens in opposition to this master plan amendment and zone change. Comm. McPherson mentioned that the Silver Springs Advisory Council had recommended denial of this application. Comm. McPherson made a motion to deny this item. Comm. Milz seconded. The applicant asked if a continuance would be more appropriate so that he could address the Board s concerns. Comm. Goodman made a motion to continue item #29 so that it can go back through the process. Comm. Milz seconded and the motion passed unanimously 5-0. Comm. Goodman made motion to continue item #30. Comm. Milz seconded and the motion passed unanimously February 7, 2008

10 31. SKOG, SHAWN TERRI ZONE CHANGE Request to change zoning from C-2, General Commercial, to RR-1T, First Rural Residential District with Mobile home Overlay (1 acre minimum), on two parcels, 1.27 acres and 1.43 acres, totaling approximately 2.70 acres; located at 412 V & T Way, Mark Twain (APN & ) PLZ Planner Paul Esswein presented this item. He stated that staff and the planning commission are recommending approval of this item. Applicant Shawn Skog gave the reasons for this request. Comm. Milz made a motion to approve as presented. Comm. Hunewill seconded and the motion passed unanimously COMSTOCK PROPANE/FRANCK, ROBERT SPECIAL USE PERMIT Request for a special use permit to build and operate a propane bulk station in an M-1, General Industrial District, including 18,000 gallon and 30,000 gallon propane storage tanks, offices, shops, LP Gas delivery vehicles, storage of empty propane tanks, etc., on approximately 1.14 acre; located at 36 Miles Road, Mound House (APN ) PLZ Planner Paul Esswein presented this item. He stated that this is an allowed use on this parcel with a Special Use Permit. Sonny Weathers of Comstock Propane requested the Board s approval. Comm. Milz 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. Central Lyon County Fire Protection District is to review the operation to insure that the storage and handling of hazardous or flammable materials conforms to all safety standards. The applicant will provide a written statement from the fire department attesting that they have reviewed and approved the operation. 3. The applicant shall provide a Site Plan showing the entire area to be utilized identifying the following features: a. All buildings, structures and permanently sited equipment; b. Parking facilities; c. Vehicle circulation; d. Security features; e. Exterior lighting; f. Storage areas and facilities. 4. The applicant shall comply with all applicable fire and building code requirements. 5. The applicant shall comply with all requirements established by the Central Lyon County Fire Protection District and Lyon County Emergency Management for handling, storage, and reporting of hazardous materials. 6. The applicant shall acquire all necessary State, County and special purpose district permits and obtain all necessary public inspections. 7. If the property is within the service area of Lyon Utilities the applicant will secure will serve letters for water utility service. 8. The applicant shall comply with the off-street parking regulations and requirements set forth in (C) of the Lyon County Code including, but not limited to, the following:. a. If lighting is provided, it shall be so arranged to reflect away from residential areas, any public street or highway. b. All off-street parking facilities shall comply with recognized standards and dimensions of layout commensurate with individual design limitations. 255 February 7, 2008

11 c. All parking areas, driveways and entry areas shall be graveled and handicap parking shall meet the Americans with Disabilities Act requirements. 9. The applicant shall limit signage to the placement of one sign not to exceed 32 square feet in area. The sign shall not be illuminated, nor exceed 12 feet in height. 10. The applicant shall obtain Planning Department approval of the site improvements, including access, driveways, parking, and exterior lighting prior to the issuance of any building permits and prior to the issuance of the special use permit. 11. The offices shall not be occupied for residential living purpose. 12. The applicant shall procure and/or maintain a Lyon County business license prior to occupying premises. 16. The applicant shall not install a watchman s quarters on site without an approved special use permit; no residential use is permitted on this industrial site as part of this special use permit. 17. 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. 18. 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. 19. 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. 20. The special use permit is subject to annual review by Lyon County. Comm. McPherson seconded and the motion passed unanimously CAPPELO, CATHERINE & JOHN SPECIAL USE PERMIT Request for a special use permit to operate a breeders kennel for a maximum of 25 Labrador Retriever dogs on approximately 4.62 acres; located at 3330 Hope Avenue, Silver Springs (APN ) PLZ Planner Paul Esswein presented this item. He gave the details of the planning commissions findings. Comm. Hunewill mentioned that the letters of support are from persons the applicant has done business with, not necessarily the residents of the area. Applicant Catherine Cappelo commented that she has been in contact with animal control and is willing to comply with all of their requirements. She then explained that at the present time she has thirty adult dogs. Ms. Cappelo also stated that she is not operating a commercial kennel, this is a hobby to her. Ms. Cappelo then mentioned that the parcels on either side and to the rear of her property are vacant land. The only neighbors are across the street. Comm. Hunewill commented that the planning commission has recommended that the number of dogs be reduced to twenty over the next five years. Comm. McPherson made a motion to approve the SUP for a maximum of 25 dogs 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 will allow routine inspections by Lyon County Animal Services. 3. The applicant will comply with all the requirements found in Title 7, Chapter 1, of the Lyon County Code. 256 February 7, 2008

12 4. The applicant shall procure and/or maintain a Lyon County business license. 5. The applicant shall reduce the number of adult dogs over the age of 6 months each year over a period of five (5) years to reach a total maximum number of 20 adult dogs by If lighting is provided, it shall be downward shining and so arranged to reflect away from residential areas, any public street or highway. No lighting shall shine onto adjoining properties. 7. No signage is allowed as part of this Special Use Permit. 8. The applicant shall comply with all applicable fire and building code requirements. 9. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections. 10. The applicant shall maintain property and kennel fencing to fully contain the dogs at all times. 11. The applicant shall dispose of animal waste regularly and in such a manner as to maintain the property in a sanitary condition. 12. The animals will be housed indoors from dusk to dawn to inhibit barking. 13. 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. 14. All of the requirements placed on the special use permit by Lyon County Animal Services, 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. 15. 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. 16. 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. 17. The special use permit is subject to six (6) month review by Lyon County. 18. The special use permit shall be required to be reviewed by the Planning Commission upon receipt of any complaint regarding the applicant s dogs or kennel facility and on adjustment of the total number of dogs may be made by the Planning Commission based on the finding of such review. Comm. Milz seconded and the motion passed unanimously 5-0. **END OF PUBLIC HEARING ON REGULAR PLANNING APPLICATIONS** 34. Discussion and possible action to include a location of signalization of intersection on Highway 50, in reference to Dayton Fifty, LLC commercial development in Dayton THIS ITEM WAS REMOVED FROM THE AGENDA. 35. Discussion and possible action to approve the appointment of Paul I. Lanning to the Lyon County Planning Commission, with a term expiring December 31, 2010 Comm. Goodman made a motion to approve as presented. Comm. Milz seconded and the motion passed unanimously February 7, 2008

13 36. Discussion and possible action to approve the appointment of a member to the Advisory Board to Manage Wildlife, with a term expiring December 31, 2010 Comm. Hunewill made a motion to approve the appointment of Leland Graves with a term ending December 31, Comm. Milz seconded and the motion passed unanimously Discussion and possible action to declare the office of public administrator vacant due to public administrator s failure to post an additional performance bond, per statute County Manager Dennis Stark presented this item. Comm. Hunewill moved to declare the office of public administrator vacant due to the public administrator s failure to post an additional performance bond. Comm. Goodman seconded and the motion passed unanimously Discussion and possible action to name a temporary replacement to fill the vacancy in the office of the public administrator Comm. Milz made a motion to appoint Dennis Milligan to serve as public administrator until the next general election. Comm. McPherson seconded and the motion passed unanimously Discussion and possible action to submit the 2008 FAA Grant Pre-application for the Silver Springs Airport Jim Clague of PBS&J presented this item. Mr. Clague commented that the purpose of this item to receive authorization for the County Manager to sign a pre-application based on estimates. This grant will fund two projects and the FAA has indicated that they will fund this grant. Comm. Goodman made a motion to approve as presented. Comm. McPherson seconded and the motion passed unanimously Discussion and possible action to enter into a contract with PBS&J to provide design and bidding services for the slurry seal and striping of airport pavements at the Silver Springs Airport Jim Clague of PBS&J presented this item. He expects to begin advertising for this project later in the month. Once bids are obtained the grant application will be submitted based on those bids. Comm. Milz made a motion to approve as presented. Comm. McPherson seconded and the motion passed unanimously Propose an ordinance to update and revise Lyon County regulations regarding the installation of manufactured housing Building Director Nick Malarchik presented this item. He is requesting that some of the current regulations be relaxed slightly to allow applicants more time to complete construction. He commented that the current time allowed to complete installation is one hundred and twenty days. Mr. Malarchik is proposing to increase that time to six months. Mr. Malarchik stated that under current regulations manufactured homes can be no more than fifteen years old. He is proposing that the year be frozen at 1990 or at the current Every year that goes by the year of the home must be increased. Comm. Goodman is of the opinion that the fifteen year regulation was put into place several years ago to prevent older dilapidated homes from being moved into the County. It is also 258 February 7, 2008

14 Comm. Goodman s opinion that several areas in the county have greatly increased in appearance due to this regulation. Comm. Milz proposed this ordinance with the fifteen year rule being unchanged from the current regulation. Code Enforcement Officer Rick Zeirenberg commented that the fifteen year rule needs to remain in place. This is in an effort to keep old and dilapidated homes out of the county. Yerington resident Art Baldini spoke in support of this ordinance. Silver Springs resident Ray Johnson asked for consideration in keeping the watchman s quarters in the C-2 zoning. 42. Propose an ordinance amending Lyon County Code, Title 4, by adding thereto Chapter 12, which chapter authorizes the County to impose a tax for infrastructure of one quarter of percent on all retailers gross receipts for all purposes included within NRS Chapter 377b including the acquisition, establishment, construction, expansion, improvement of equipping of facilities relating to public safety Comptroller Josh Foli presented this item. He stated that this is the first step in securing funding for a new jail and possibly a juvenile facility. Comm. Milz proposed this ordinance. Comm. Milz also stated that the funds collected will only be disbursed after the Board s approval. 43. Discussion and possible action to approve the transfer of $ from Engineering Services and Supplies ( ) to Engineering Salaries ( ) to compensate for the additional responsibilities associated with the Engineering Technician Position Comptroller Josh Foli presented this item. Mr. Foli mentioned that this is part of a minor reorganization in the engineering department. He also stated that the funds will be reallocated from services and supplies. Comm. Goodman made a motion to approve as presented. Comm. Milz seconded and the motion passed unanimously Discussion and possible acceptance of the Regional Park located in the Santa Maria Ranch subdivision Engineering Technician Dan Williss presented this item. He commented that the park meets the County s standards and recommends accepting the park. Comm. Milz made a motion to approve as presented. Comm. McPherson seconded and the motion passed unanimously Discussion and possible acceptance of Nevada Division of Forestry contract which will allow the NDF to do general cleanup work at the Santa Maria River Park Engineering Technician Dan Williss presented this item. Comm. Hunewill asked if the amount of $8, was a solid figure. Mr. Williss responded that it was. 259 February 7, 2008

15 Comm. Milz asked Mr. Williss to check on the policy regarding labor hours that should be provided by the women s prison. Comm. Milz made a motion to approve as presented. Comm. McPherson seconded and the motion passed unanimously Discussion and possible action to approve annual snow removal contracts with Grant Smith Construction for the Yerington Courthouse, Justice Court, Library & Sheriff department, Senior Center and the Museum and Mull Construction for the Fernley Senior Center, Justice Court and Library Engineering Technician Dan Williss presented this item. He stated that the County does most of their own removal unless the snow fall is greater than four inches. Comm. Tibbals commented that the County should do all of the snow removal since they own the equipment. He feels that the contracts should not be renewed. Comm. Milz is of the opinion that it would be most cost effective to contract out the snow removal. Comm. Milz made a motion to approve the contract with Mull Construction for the Fernley area and have the County staff maintain the Yerington area. Comm. Goodman seconded and the motion passed unanimously Discussion and possible action to approve annual construction services contract with Lumos & Associates to provide engineering and inspection/testing services Engineering Technician Dan Williss presented this item. This is a contract that is renewed yearly and the cost is passed on to the developer. Comm. Milz made a motion to approve as presented. Comm. Goodman seconded and the motion passed unanimously Discussion and possible action to approve the Hazard Identification and Vulnerability Assessment and the Threat Analysis for each hazard that will be listed in the Lyon County Multi-Jurisdiction Hazard Mitigation Plan Due to the absence of Planning Director Rob Loveberg and Emergency Manager Jeff Page, County Manager Dennis Stark requested that this item be continued until the next regular meeting. Comm. Milz made a motion to continue this item until the next regular Board meeting. Comm. Goodman seconded and the motion passed unanimously Approve Minutes Comm. Hunewill requested that item #19 be corrected to read US Forest Service oversight services rather than environmental analysis. Comm. Hunewill made a motion to approve the minutes of January 17, 2008 as amended. Comm. McPherson seconded and the motion passed unanimously 5-0. LYON COUNTY BOARD OF COMMISSIONERS DON TIBBALS, Chairman 260 February 7, 2008

16 ATTEST: NIKKI BRYAN, Lyon County Clerk/Treasurer 261 February 7, 2008