Yerington, Nevada June 16, 2005

Transcription

1 June 16, 2005 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Bob Milz, Vice-Chair Phyllis Hunewill, Commissioners LeRoy Goodman and Chet Hillyard. Absent: Commissioner Don Tibbals. Also present: County Manager Donna Kristaponis, Assistant District Attorney Steve Rye, Clerk/Treasurer Nikki Bryan and Deputy Clerk Pia Thienes. 1. Review and adoption of agenda There were no changes to the agenda. 2. Public participation There was no public participation. CONSENT AGENDA 3. Discussion and possible approval of changes on Assessor s tax role due to corrections in assessments and review of tax roll changes There were no tax roll changes. 4. Review and possible approval of business license applications a. Schnaare, Barbara; Arrow Dump Trailers, LLC; 28 Moonlight Road, Carson City; REMOVAL OF NAME (Terry Schnaare deceased) b. Young, Richard; Auto Doctor,s Inc.; 12 Red Rock Road, Mound House; Automotive Repair c. Bruce, Thomas; Building Components, LLC; 111 Airpark Vista Blvd., Dayton; Manufacturing of building components d. Lee, Camden; Camden Lee; 1315 Walker Street, Carson City; Door to door sales of educational products e. Matthews, Brian & Julie; Como Engineering, Inc.; 245 Como Lane, Dayton; Civil engineering f. Winslow, Alice & Robert; Dry Tech, Corp.; 19 Carry Way #C, Mound House; Apply solid lubricant to manufactured parts g. George, Erin; Erin s In-Home Daycare; 221 Gordon Lane, Dayton; Home daycare (1-4 children) h. Brierley, Elizabeth; Field of Thorns; 1420 E. Cougar Street, Silver Springs; Home based making and sale of beauty products i. Goodfellow, Jeffrey; Goodfellow Insurance Agency; 45 Silver Street, Dayton; Insurance sales (Farmers Insurance) j. Brannum, David; High Desert Fire & Helo Support; 204 Murfield Court, Dayton; Provide fire protection for helos and buildings during wildfires k. Stanfield, Anthony & Shawna; Innovative Rod Products; 63 Laxalt #B, Mound House; Manufacturing of custom automotive components l. Northcutt, Rick; Innovative Rod Shop; 28 Bruce Way, Mound House; CHANGE IN BUSINESS NAME ONLY m. Olivieri, Cindy & Ernest; Ink On!; 504 Sugarloaf Drive, Dayton; Pressing images on promotional products n. Jones, Cynthia; Jones Agency; 655 Hwy 50 E #4B, Dayton; Insurance sales (Allstate Insurance) 174 June 16, 2005

2 o. Goodale, Yana; Just Picture It; Coleman Lane, Stagecoach; Sales of picture key chains p. Jones, Kelles; Kelly s Handyman Service; 3601 Amber Street, Silver Springs; Handyman service q. Linsowe, Kim; Kimmie s Kloset; 6775 Kiowa, Stagecoach; Internet sales of clothing r. Freeland, Sherry & Daniel; Le Marche; 20 Sheltered Hills Drive, Yerington; Internet sales of clothing s. Libbee, Lanier; Libbee s Showcase; 1235 W. 7 th Street, Silver Springs; Catalog sales t. Pierson, Linda; Linda Pierson; 1050 Hwy 50, Silver Springs; Independent real estate agent u. Giannotta, Robert; Lyon County Fence; 54 Sunny Grove Court, Yerington; Fence Contractor v. Kazarian, Sarkis & Karin; Nevada Circuits; 21 Cash Drive, Mound House; Manufacturing of circuit boards w. Anderson, Alethea; Nevada Naturals; 523 Santiago Way, Dayton; Internet sales of bath & body products x. Pato Moore, Tamye; Silver Scissors Mobile Grooming; 4900 Glick Road, Silver Springs; Mobile pet grooming y. Holst, Valera; Silver Springs U-Haul; 3300 Hwy 95A, Silver Springs; U-Haul rentals z. Murphy, Christopher & Shassity; Straight Arrow Horseshoeing; 25 Dennis Drive, Wellington; Horse trimming and shoeing aa. Janocha, Stan; Sterk, Jim; Superior Electrical Advertising; 1700 Anaheim Street, Long Beach, CA; Installation of electric signs bb. Hines, James; Valley Neon; 75 Bank Street, Sparks; Installation of electric signs cc. Thompson, Vivian; Vivian Thompson; 1050 Hwy 50, Silver Springs; Independent real estate agent 5. Approval to release the one year, 10% maintenance bond for the Rolling A, Riverpark Phase 1, Unit 1A subdivision, located in Dayton, Nevada 6. Approval to release the one year, 10% maintenance bond for the Rolling A, Riverpark Phase 1, Unit 1B subdivision, located in Dayton, Nevada 7. Approval to release the one year, 10% maintenance bond for the Rolling A, Riverpark Phase 1, Unit 2 subdivision, located in Dayton, Nevada 8. Approval to release the one year, 10% maintenance bond for the Rolling A, Riverpark Phase 1, Unit 3 subdivision, located in Dayton, Nevada 9. Approval for the acceptance of the Certificate of Completion and the acceptance for maintenance of the off-site improvements for Bluestone Estates, Phases 2, 3 and 4, and release of the Improvement Bonds for Bluestone Estates, Phases 3 and 4, Subdivision, located in Dayton, Nevada 10. Approval of the final subdivision map for Bluestone Estates, Phase 2, excluding title to the property indicated as public roads. At some future date the Board may, by resolution, accept such dedication and accept and open the streets indicated on this map for public use all per NRS Approval for the acceptance of the Certificate of Completion, the acceptance for maintenance of off-site improvements and the release of the Improvement Bond for the Sutro West, Phase 8, Subdivision, located in Dayton, Nevada. 175 June 16, 2005

3 12. Approval for the acceptance of the Certificate of Completion, the acceptance for maintenance of the off-site improvements and release of the Improvement Bond for the Sutro Heights, Phase 4, Subdivision, located in Dayton, Nevada 13. Approval to authorize the Utility Director to adjust the customer account receivables for bad debt write-off, in the amount of $2,108.87, for the Dayton Water, Dayton Sewer, and the Mound House Water Enterprise Fund 14. Accept a grant award from Division for Aging Services for the Senior Transportation Program (County match in approved budget) 15. Accept recommendation from Lyon County Library Board of Trustees to appoint Thelma Bataille to fill the unexpired term of Don Dallas; appoint Mike Florio and Kay Bennett to expired terms 16. Approve Silver Springs narcotics office lease agreement 17. Review and accept travel claims as presented by Comptroller Travel claims totaled $5, and registrations totaled $1, Review and accept County claims and financial report as presented by Comptroller County claims totaled $1,177, and payroll totaled $1,003, Comm Goodman moved to approve the consent agenda items Comm Hunewill seconded and the motion passed 3-0. **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 19. Review and possible approval of temporary liquor license applications a. Dayton Area Chamber of Commerce; Chamber Mixer; Smith s Food & Drug, 2200 Hwy 50 E, Dayton; Temporary Liquor Permit for June 16, 2005 ONLY! b. Dayton Area Chamber of Commerce; Chamber Mixer; Data Graphics, 37 Affonso Drive, Mound House; Temporary Liquor Permit for July 21, 2005 ONLY! c. Silver Springs Area Chamber of Commerce; Silver Springs Founders Day Parade and Festivities; Penny Park, Silver Springs, Temporary Liquor Permit for July 2, 2005 ONLY! Comm Hunewill moved to approve the temporary liquor license applications as presented. Comm Goodman seconded and the motion passed 3-0. CHET HILLYARD PRESENT 9:15 A.M.- Acceptance of renewal proposal from Nevada Public Agency Insurance Pool (POOL) and approval for payment from fiscal year funds Doug Smith, Nevada Public Agency Insurance Pool, presented the renewal proposal from the POOL. Comm Goodman moved to accept the approval of (POOL) and the approval for payment of fiscal year funds. Comm Hunewill seconded and motion passed June 16, 2005

4 ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 20. Update on Conservation Bond (Question 1) Program by Kevin Hill, Nevada Division of State Lands Coordinator for the Question 1 Program Kevin Hill, Coordinator for the Question 1 Program, gave a brief update on the status of the program relative to the funding cycle timelines and opportunities for Lyon County to benefit from the program. Donna Kristaponis, Lyon County Manager, commented about her discussion with Mr. Hill and said that Mr. Workman has some ideas of how to channel some of this money to the storage of effluent. She continued to say that they had talked about GIS maps along the rivers showing ownership and potential possibilities for conservation easements. 21. Approve contract between Lyon County and Northern Nevada Development Authority to administer economic development within Lyon County Ron Weisinger, Northern Nevada Development Authority, Executive Director, presented a contract with NNDA identifying the relationship between Lyon County and NNDA, including outlining the responsibilities of each party. Comm Goodman moved to approve the contract between Lyon County and NNDA to administer economic development within Lyon County in the amount of $24,000 for the fiscal year 2005/2006. Comm Hillyard seconded and the motion passed Propose an ordinance to revise Lyon County Code, Title 10, Chapters 2 and 3 as appropriate to amend by definition and zoning regulation provisions for Farm Labor Housing in Lyon County Comm Hunewill proposed an ordinance to revise Lyon County Code, Title 10, Chapters 2 and 3 as appropriate to amend by definition and zoning regulation provisions for Farm Labor Housing in Lyon County. 23. Discussion and possible action on request to go out to bid for two motor graders Gary Fried, Lyon County Road Manager, presented a request to go out to bid for two motor graders. He reminded the Board of Commissioners that they have given the Road Department the permission to purchase a motor grader from Caterpillar by piggy backing onto Humboldt County s bid and since the Humboldt County bid was awarded, there has been a price increase exceeding the funds allotted by the Board of Commissioners to the Road Department for the purchase and the availability of the equipment is in question. Comm Goodman moved to approve going out to bid for two motor graders. Comm Hunewill seconded and the motion passed Discussion and possible action on approval to authorize the Utility Director to enter a bid with a Nevada governmental entity on behalf of the County for one used combination sewer cleaner/excavator for a not to exceed amount of $250,000 Mike Workman, Lyon County Utilities Director, presented a bid with a Nevada governmental entity on behalf of the County for one used combination sewer cleaner/excavator. He also said that this particular truck will be used to hydraulically clean sewer main lines, vacuum debris from sewer manholes and excavate soil using a combination of high pressure water and vacuum and as such, they are requesting that the Board authorize the Utilities Department staff to enter into the bidding process for a not to exceed amount of $250, June 16, 2005

5 Comm Hunewill moved to approve authorizing the Utility Director to enter into a bid with a Nevada governmental entity on behalf of the County for one used combination sewer cleaner/excavator for a not to exceed amount of $250,000. Chairman Milz seconded and the motion passed Establish fee for processing cell tower and other wireless communications requests Steven Hasson, Lyon County Planning Director, presented a request for an administrative wireless communication fee. He also said that the planning staff has reviewed the time and energy necessary to process a cell tower application administratively and is proposing a fee of $ for providing this service. Comm Goodman moved to establish a fee for processing cell tower and other wireless communications request in the amount of $ Comm Hillyard seconded and the motion passed Approve an ordinance of the Board of County Commissioners of Lyon County, Nevada, designated by the short title 2005 Water and Sewer Refunding Bond Ordinance ; providing for the issuance of its registered, negotiable, general obligation (limited tax) water and sewer refunding bonds (additionally secured by pledged revenues), series 2005; providing the form, terms and conditions thereof; providing for the levy and collection of annual general (ad valorem) taxes for the payment of the bonds; additionally securing their payment by a pledge of revenues derived from the County s Utility System; providing for adoption as if an emergency exists; and providing other matters relating thereto Jason Mathews, Financial Advisor for Johnson Consulting Group, presented that due to low interest rates, Lyon County can save an estimated $354,402 in interest costs by partially refunding the 2000 and 2002 Water and Sewer Bonds and the callable portion of the bonds will be refunded with 2005 Water and Sewer Bonds at a lower interest rate. He also said that if this is approved, the refunding will allow future water and sewer connection fees to be lower. Comm Goodman moved to approve an ordinance 2005 Water and Sewer Refunding Bond with the interest rate of 3.78%. Comm Hunewill seconded and the motion passed :30 A.M.- Presentation by David Bennett of Liebert & Associates on the Lyon County Corrections Master Plan David Bennett, Liebert & Associates, presented the recommendations contained in the report based on an analysis of local data collected over the last year and on the interviews conducted with system officials, also the American Justice Institute report and other recent jail-planning publications and guidelines were taken into consideration. Mr. Bennett said that the aim of these recommendations is to make it easier for Lyon County to devise and implement a systems approach to managing its criminal justice system. He continued to say that the first recommendation could be in the form of fewer jail beds and if Lyon County is successful in implementing these recommendations, fewer jail beds would be needed and/or the beds that are constructed will last longer, saving millions of dollars in construction costs and more significantly, long-term savings in the operation of the facility. Mr. Bennett also presented a forecast chart for the year 2025 showing the average length of stay for 10, 12 and 15 days and it shows admissions rate per 10,000 population, average daily population, total beds necessary for the peak populations, total beds necessary for classification, and an incarceration rate per 10,000 population. 178 June 16, 2005

6 Comm Goodman commented that the chart by the State Demograhpher regarding population growth in 2025 was a bit understated because he sees the growth around 100,000, not as in that forecast. Chairman Milz agreed with Mr. Goodman. Sid Smith, Lyon County Sheriff, agreed with Mr. Bennett about the peak population and needing jail beds. 27. Discussion and possible action to determine whether the imposition of the Residential Construction Tax which would be imposed upon the privilege of constructing apartment houses and residential dwelling units and developing lots for mobile homes to be used for the construction remodeling and making of additions to the Lyon County School Buildings requested by the Lyon County School District is likely to: (a) impose a direct and significant economic burden upon a business, or (b) directly restrict the formation, operation or expansion of a business and, if such determination(s) result, then to also adopt a business impact statement Steve Rye, Assistant District Attorney of Lyon County, presented a discussion on behalf of Lyon County School District. He further added that $1600 would not be a significant dollar amount when someone is buying a home for $300,000 and he said that the County and the City of Fernley have adopted similar fees that included different taxes and neither the County nor the City has seen any real reduction in development of homes. He also said that this $1600 residential construction tax would be used to improve the schools in Lyon County. He requested the Board to approve, that this tax does not impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business. Comm Goodman stated the this $1600 residential construction tax on a mobile home is substantial and looking at the mobile home industry there is a definite need and a demand for mobile homes in this County, so, this residential construction tax is a restrictive factor to this. Comm Hunewill moved to approve the residential construction tax and that this tax would not impose a direct and significant economic burden upon a business or directly restrict the formation, operation or expansion of a business. Comm Hillyard seconded and the motion passed Discussion and possible approval on a resolution of the Lyon County Board of Commissioners to impose a residential construction tax on the privilege of constructing apartment houses and residential dwelling units and developing lots for mobile homes to be used for the construction, remodeling and making of additions to the Lyon County school buildings at the request of the Lyon County School District Board of Trustees. This resolution ratifies Lyon County Ordinance 487 or imposes the tax through incorporation of the terms of Lyon County Ordinance 487 should the Nevada Tax Commission find that the ordinance was not enacted properly. The tax may be imposed pursuant to NRS Steve Rye, Assistant District Attorney of Lyon County, presented a request by the Lyon County School District Board to adopt a resolution that authorizes the tax which would ratify the previous Board decision. Comm Hunewill moved to approve the resolution as presented. Comm Hillyard seconded and the motion passed June 16, 2005

7 RECESS TO CONVENE AS CENTRAL LYON COUNTY VECTOR CONTROL DISTRICT BOARD 29. Public Participation Kay Bennett, Silver Springs Airport Manager, stated that they went through an aerial application process for mosquito eradication for the Silver Springs area. 30. Review and accept claims and financial report as presented by Comptroller Claims totaled $10, and there was no payroll. The cash balance as of June 16, 2005 was $282, Comm Hillyard moved to accept claims and financial report as presented. Comm Hunewill seconded and the motion passed 4-0. ADJOURN TO CONVENE AS MASON VALLEY MOSQUITO ABATEMENT DISTRICT BOARD 31. Public Participation There was no public participation. 32. Review and accept claims and financial report as presented by Comptroller Claims totaled $ and payroll totaled $ The cash balance as of June 16, 2005 was $30, Comm Hunewill moved to accept claims and financial report as presented. Comm Goodman seconded and the motion passed 4-0. ADJOURN TO CONVENE AS WALKER RIVER WEED CONTROL DISTRICT 33. Public Participation There was no public participation. 34. Review and accept claims and financial report as presented by Comptroller Claims totaled $ and payroll totaled $1, The cash balance as of June 16, 2005 was $49, Comm Hunewill moved to accept claims and financial report as presented. Comm Goodman seconded and the motion passed 4-0. ADJOURN TO CONVENE AS WILLOWCREEK GENERAL IMPROVEMENT DISTRICT BOARD 35. Public Participation Donna Kristaponis, Lyon County Manager, stated that on July 7, 2005 Brent Farr of Farr West Engineering will be present to give a presentation on the state of the sewage system at Willowcreek. 180 June 16, 2005

8 36. Review and accept claims and financial report as presented by Comptroller Claims totaled $3, and there was no payroll. The cash balance as of June 16, 2005 was $402, Comm Hunewill moved to accept claims and financial report as presented. Comm Goodman seconded and the motion passed 4-0. ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 37. Discussion and possible action on annual performance evaluation of the Lyon County Manager (Closed session may be held pursuant to NRS (1), and NRS , to consider character, alleged misconduct, professional competence, or physical or mental health) Chairman Milz requested a continuance of this item until the next meeting because as Commissioners they need to come up with a process of evaluation of their own and this time period would give them a chance to work on it. Donna Kristaponis, Lyon County Manager, handed out copies of her accomplishments for the last year to the Board of Commissioners. She requested a process regarding setting goals and priorities for the next year so that she does not have to figure out from one meeting to the next what she is supposed to do. Comm Goodman suggested that the Commissioners individually get together with Steve Englert, Director of Human Resources, on this issue. 11:30 A.M. Legislative Update by Mary Walker Mary Walker, Walker & Associates, presented a report of the overall legislation session for Lyon County and the Tri-County Legislative Coalition and said that of the 14 Tri-County bills submitted, 4 got killed for inapplicability, 1 was killed (the NDF fire consolidation bill), and 9 were successfully passed (of which 2 were appropriation bills) and out of the 10 bills remaining only 1 was killed which was a 90% passage. She said that there were several problems that arose but were either killed or were amended in a reasonable manner and these included bills to eliminate franchise fees and the government services tax, mandates on constructing sidewalks one mile around all schools, requirement of allowing windmills, prevailing wage bills, several water bills, several worker s compensation bills, several open meeting law bills, several election and campaign bills, the property tax cap bill, redevelopment bills and several purchasing bills. She continued to say that the most important bill which was the most significant long-term impact is AB 489, the property tax cap bill and at this point, AB 489 appears to be a reasonable alternative to cap property tax increases while still providing reasonable increases for governmental growth. She also said that the ability for elected officials to increase or decrease tax rates has largely been taken away from them due to this capping mechanism, so, over the interim, the Legislative Interim Committee on Taxes and Finance and the Committee on Local Government Finance of which Ms. Walker is a member will be reviewing the implementation of AB 489 and potential corrective action which may need to be taken during the next legislative session in Mary Walker, Walker & Associates, thanked the Board members and staff for working very hard, in addition to their regular jobs, to support the successful legislative effort. She also said that she was honored to represent Lyon County at the Nevada Legislature. 181 June 16, 2005

9 1:15 P.M. Discussion of the 2006 proposed Transportation Systems Projects (TSP) document by Nevada Department of Transportation COMM TIBBALS PRESENT Susan Martinovich, Deputy Director Department of Transportation, presented her team to the Board of Commissioners and also gave a brief history about the Nevada Department of Transportation and gave an update about the statewide construction projects 2005 and beyond. She continued to say that one of the upcoming projects for the year 2006 was the advanced project of widening on U.S.50 from Fernley to the Churchill County line and they are ready to advertise as they are waiting for the final letter of certification. Comm Hillyard made his concerns known about the widening of Hwy 95A from Silver Springs which would increase the speed of cars and then it becomes one lane road without any warning and how would NDOT handle that. Ms. Martinovich said that NDOT would make sure that they don t create another problem with the solution. Comm Goodman made his concerns known about the four corners area of Hwy 95 alternate and Hwy 50 in Silver Springs, the four way stop being a high rate traffic area needs a lot of attention. Mr. Goodman also suggested that the speed limit on the south of Silver Springs towards Fir Street and the road to the State Park should be decreased to a 55 mph speed limit and he also requested that NDOT makes daytime lights on mandatory from Silver Springs to Fernley. Ms. Martinovich said that she would look into all of the requests made and will try to fulfill all of the suggestions as soon as possible. Comm Tibbals requested a left turn lane at Willowcreek Subdivision from Hwy 95A. Ms. Martinovich said she would look into that. Comm Tibbals moved to accept the proposed 2006 Transportation Systems Projects (TSP) document by Nevada Department of Transportation. Comm Hunewill seconded and the motion passed unanimously CLOSED SESSION (per NRS ) regarding Walker River Settlement negotiations There was no closed session. 39. Legislative update There was no legislative update. 40. Commissioner comments Comm Goodman said that the City of Fernley had an item on their agenda regarding installation of an underground electrical transmission wire in the Spanish Springs area because the people living there proposed a power line and this was a heavy duty power line and Washoe County offered proposing it to Sierra Pacific Power to pay for it all. He also stated that Statewide Average Hourly Wage starting July 1, 2005 for development goes up $1.25 from the current wage. Comm Tibbals made comments about the stakeholders meeting at the Yerington Mine and he asked Jim Sickle on four different occasions when Mr. Sickle would remove the PCB transformers and for 2 years Mr. Sickle said that he would take care of it and he has yet to take care of it. 182 June 16, 2005

10 41. County Manager comments Donna Kristaponis, Lyon County Manager, presented a proposed joint meeting calendar to the Board of Commissioners. Comm Goodman stated that June 8, 2006 would not work because of the School graduation being on that day and he suggested that particular meeting be switched with another meeting in another month. Ms. Kristaponis agreed. 42. Elected Officials report There were no elected officials reports. 43. Appointed Officials report There were no appointed officials reports. 44. Advisory Board reports There were no advisory board reports. 45. Approve Minutes Comm Hunewill moved to approve the minutes of May 12, 2005 as presented. Comm Hillyard seconded and the motion passed unanimously 5-0. Comm Hillyard moved to approve the minutes of May 19, 2005 as presented. Comm Tibbals seconded and the motion passed 4-1. Comm Goodman abstained as he was not present for this particular meeting. The meeting was adjourned. BOARD OF LYON COUNTY COMMISSIONERS ATTEST: ROBERT MILZ Chairman NIKKI BRYAN Lyon County Clerk/Treasurer 183 June 16, 2005