February 6, 2014 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Joe Mortensen, Vice-chair Ray Fierro, Commissioners Virgil Arellano, Vida Keller and Bob Hastings. Also present: County Manager Jeff Page, Chief Deputy District Attorney Steve Rye, Clerk and Treasurer Nikki Bryan and Deputy Clerk Donna MacGill. 1. Public participation 2. For Possible Action: Review and adoption of agenda Nikki Bryan, Lyon County Clerk and Treasurer, requested the Item 9j be removed from the consent agenda and acted on separately. She also requested that Item 20 be removed from the agenda to be placed on a later agenda. Comm. Keller requested that Item 9h also be removed from the consent agenda and acted on separately. Comm. Fierro made a motion to accept the agenda as presented with the deletion of Item 20 and the removal of Items 9h and 9j from the consent agenda and acted on separately. Comm. Arellano seconded and the motion passed 5 0. 3. Presentation of awards and/or recognition of accomplishments There were no presentations of awards or recognitions of accomplishment. 4. Commissioners/County Manager comments Comm. Arellano discussed meetings he has attended regarding the public lands issues. He also had discussions concerning the Lyon County Economic Development and Conservation Act and the BLM Resource Management Plan. Comm. Hastings commented on the Mound House Advisory Board meeting he attended and a presentation by Steve Bird from NDOT. Comm. Fierro said he attended the Silver Springs, Silver City and Stagecoach advisory boards. The boards would like copies of the budget calendar sent to them. He also said the Silver Springs Airport has been selected by the FAA for a possible UAV (unmanned aerial vehicle) operational sight. County Manager Jeff Page said that PILT funding has been re-established in the farm bill. He s not sure how it will ultimately breakdown. He also commented on other meetings he will be attending and how to better communicate with the communities. He also commented on the Lands Bill issues. He has been communicating with Senator Heller s office regarding other issues that have been raised. Tom Cartwright of Lyon County had questions regarding drone usage at the Silver Springs Airport. 5. Elected Official s report Edrie LaVoie, Lyon County Human Services, said the NACO Governor s Commission on Aging and Disability Services workshop has been rescheduled for March 21 st. She also said she has been working with the Sheriff s Office and State Mental Health regarding mental health issues in the jail and how they might be able to get individuals mental health services instead of incarcerating them. The State identified a grant opportunity to help with mental health services. Sheriff Allen Veil presented his monthly report. He discussed mental health issues, gang graffiti, the number of registered sex offenders in Lyon County and marijuana and other drug issues. He discussed the application process and background checks. They recently hired four employees. He discussed another grant that will be used for search and rescue operations. His 130 February 6, 2014
department is participating in training on more protection for the elderly. He also discussed neighborhood watch programs. He commented on the home invasion of his son s home in Reno involving two armed suspects. He reminded people to always keep their doors locked. 9:15 A.M. Time Specific For Possible Action: Review of Public Defender contract with Paul G. Yohey, including, but not limited to, termination of the contract, modification of the contract, retention or no action. Closed session may be held to consider character, alleged misconduct, professional competence, and physical or mental health of Paul G. Yohey pursuant to NRS 241.030 Ray Fierro disclosed he received a phone call from Mr. Dan McCassie this morning. He expressed his concern and wanted to state his opinion of Mr. Yohey s character. Comm. Mortensen disclosed that he also received a phone call from Mr. McCassie. Chief Deputy District Attorney Steve Rye explained if the commission is going into closed session, they need to state the reasons. Comm. Arellano moved that the Board of Commissioners move to closed session to consider character, alleged misconduct, professional competence, and physical or mental health of Paul G. Yohey. Comm. Hastings seconded and the motion passed unanimously 5 0. OPEN SESSION Comm. Hastings moved that the Lyon County Board of Commissioners terminate the contract with public defender Paul G. Yohey with all pay prorated to today s date. Comm. Mortensen seconded and the motion passed unanimously 5 0. Paul Yohey believes he will be acquitted of the charges and also apologized to the commissioners. Comm. Mortensen pointed out that the commissioners are only terminating the contract and not determining guilt. Comm. Fierro stated the contract may be terminated for cause or no cause. Comm. Mortensen thanked Mr. Yohey for his service to Lyon County. 9:30 A.M. Time Specific For Possible Action: Approve a resolution of intent, proposing the issuance of, and authorizing the publication of notices relating to General Obligation (Limited Tax) Sewer Bonds (additionally secured by pledged revenues) Series 2014 for the purpose of providing the manner, form and contents of the notice thereof; ratifying action heretofore taken not inconsistent herewith; providing other matters properly related thereto; and providing the effective date hereof Josh Foli presented. He stated the bonds are for a sewer septic project in Dayton. It will be a $2.5 million bond. He explained there will be no rate increase. They will be securing the bonds by the Dayton water and sewer rates. Comm. Fierro moved to approve a resolution of intent, proposing the issuance of, and authorizing the publication of notices relating to General Obligation (Limited Tax) Sewer Bonds (additionally secured by pledged revenues) Series 2014 for the purpose of providing the manner, form and contents of the notice thereof; ratifying action heretofore taken not inconsistent herewith; providing other matters properly related thereto; and providing the effective date hereof. Comm. Keller seconded and the motion passed unanimously 5 0. Jim Dunlap had questions. Josh Foli explained there will be no obligation to the taxpayers. 131 February 6, 2014
6. Appointed Officials comments Jeff Page introduced Amy Lucas of the University of Nevada Cooperative Exchange (UNCE). Amy discussed the Cooperative Extension, 4-H and other programs. Amy Geddes, Lyon County Library Director, gave an update on Lyon County Library System and discussed extended hours. She discussed the computer classed being offered. 7. Advisory Board reports There were no advisory board reports. **CONSENT AGENDA** 8. For Possible Action: Approval of changes on Assessor s tax roll due to corrections in assessments and review of tax roll changes Unsecured factual corrections totaled $395.31 and Secured factual corrections totaled $42.78. 9. For Possible Action: Review and possible approval of business license applications: a. Youdath, Brian P.; Youdath, Kristina M.; 4 th Up LLC; 14 Brown Dr., #1, Mound House, NV; Auto Parts Sales and Motorcycle Sales b. Bircheff, Jon M.; Carson Plains Surplus & Storage, LLC; 70 S. Rainbow Dr., Dayton, NV; Change Ownership c. Oleson, Justin; Pope, Richard; Cementation USA Inc.; 10150 S. Centennial Pkwy., Suite 110, Sandy, UT; Underground Mine Construction. Sink East Shaft of Pumpkin Hollow Mine d. Boomwal, Ajmal Rawof; Cigarette City; 6 Pine Cone Rd., #1, Dayton, NV; Cigarette Store e. Vives, Mella M.; Vives, Anthony C.; Dust Busters; 144 Palmer Ct., Unit A, Dayton, NV; House Cleaning and Window Washing f. Keith, Tyler C.; Darsey, James R.; Caisse, Connie; Smith, Lee Anne; Harris Rebar Northern California Inc.; 70 Linehan Rd., Mound House, NV; Name Change g. Hall, Jeff; Hall, Kris; Jeff Hall Construction Inc.; 802 Mustang Ln., Gardnerville, NV; Carpentry Contractor h. Keller, James S.; Keller, Vida D.; Keller Rebuilders and Consulting; 3125 Spring Circle, Silver Springs, NV; Change Name and Re-Activate Account Comm. Hastings moved to approve the name change and re-activate the account. Comm. Fierro seconded and the motion passed 4-0 - 1. Comm. Keller abstained because she is a part owner in the business. i. Wallace, Lori A.; Nevada Blues Denim Company LLC; Nevada Blues; 2680 Fort Churchill St., Silver Springs, NV; Denim Apparel Manufacturing and Sales. Note: No Manufacturing or Sales at home location j. Keller, Vida D.; Keller, James S.; Priceless Realty Inc.; 3125 Spring Circle, Silver Springs, NV; Reactivate Account Vida Keller said she is the broker of Priceless Realty, Inc. and will abstain from voting. Nikki Bryan explained that her department has everything it needs except for the real estate license. The real estate division needs the county license before they can give her a permanent license. Lyon County did issue a temporary license, contingent upon the real estate license being issued, so the real estate license could be issued. Vida Keller said she is licensed until 2016 but she is waiting for a new license that reflects her new address. Comm. Hastings moved to approve Item 9j to reactivate the business license of Keller, Vida D.; Keller, James S.; Priceless Realty Inc.; 3125 Spring Circle, Silver Springs, NV; contingent on 132 February 6, 2014
licensing from the real estate board. Comm. Fierro seconded and the motion passed 4-0 - 1. Comm. Keller abstained. Comm. Fierro made a comment that as his colleague, Vida should hold herself to a higher standard, as previously stated in an earlier item. k. Lockett, Janet L.; Lockett, Raymond H.; Quilters Mercantile; 655 Hwy 50 E., Dayton, NV; Retail Sales of Fabric and Quilting Supplies and Gifts l. Shimkowski, Ronald R.; Eldien, Billie Jo; RNB Global, LLC; 750 Utah St., Reno, NV; Investment Rental Property m. Hof, Dennis A.; Squeeze Play LLC; Madam Suzette s Red Light District Adult Cabaret; 66 Moonlight Rd., Mound House, NV; Change Name n. Rudolph, Theodore K.; Sierra P&C Claims Service; 213 Hwy 208, Yerington, NV; Insurance Claims Adjusting Service o. Viscarret, Christopher H.; Water Pros LLC; 8595 Iroquois Trail, Stagecoach, NV; Water Treatment Services 10. For Possible Action: Appoint member to the Lyon County Board of Equalization, with a term expiring December 31, 2016 11. For Possible Action: Appoint Richard Smolin to the Smith Valley Cemetery Board, with a term expiring December 31, 2015 12. For Possible Action: Strike taxes on parcel 08-073-01 in Silver City in the amount of $65.28 because it has been acquired by Lyon County 13. For Possible Action Approve sanitary stainless steel kitchen wall coverings in the jail kitchen for $12,350 with funding to come from the Public Safety Sales Tax 14. For Possible Action: (1) accept the lowest responsive bid submitted by Sierra Nevada Construction in the amount of $122,400 for the 2014 Crack Sealing Project; (2) to accept the lowest responsive bid submitted by Asphalt Sealant Supply in the amount of $68,850 for the purchase of 135,000 pounds of crack seal material; (3) to approve $10,000 for Lumos Engineering for part time inspection services and authorize staff to sign project related documents. This project is funded by Regional Transportation Commission (RTC) and/or Road Fund reserves. Approval is contingent upon the RTC s approval of the project 15. For Possible Action: Declare two, 24 year old nuclear compaction testing gauges surplus and authorize staff to dispose of the gauges in a manner that meets Nuclear Regulatory Commission requirements related to this type of testing equipment 16. For Possible Action: Review and accept travel claims Travel claims totaled $693.19 and registrations totaled $530.00 17. For Possible Action: Review and accept County claims and financial report County claims totaled $1,272,192.10 and payroll totaled $1,870,696.84. Comm. Fierro moved to approve the consent agenda with Items 9h and 9j being removed and acted on separately. Comm. Keller seconded and the motion passed unanimously 5 0. **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 18. Public participation 133 February 6, 2014
19. For Possible Action: Review and possible approval of temporary liquor license application: a. Smith Valley Bulldog Booster Club; Annual Crab Feed and Auction Fundraiser; Smith Valley Community Hall; Temporary Liquor Permit for: February 8, 2014 Comm. Fierro moved to approve as presented. Comm. Hastings seconded and the motion passed 6 0. 20. For Possible Action: Review and possible approval of liquor license application: a. Hof, Dennis A.; Squeeze Play LLC; Madam Suzette s Red Light District Adult Cabaret; 66 Moonlight Rd., Mound House, NV; Change Name Item #20 was removed from the agenda. 21. Public participation ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS REGULAR AGENDA 22. For Possible Action: To authorize the County Manager to investigate the requirements and associated costs needed to improve and upgrade the County website. (Requested by Commissioner Fierro) County Manager, Jeff Page, presented. He is looking for authorization from the board before moving forward regarding upgrading the website. Comm. Mortensen has received compliments from the public regarding Lyon County s website. Comm. Fierro made a motion to authorize the County Manager to investigate the requirements and associated costs needed to improve and upgrade the County website. Comm. Mortensen seconded and the motion passed unanimously 5 0. Tom Cartwright said he was pleased with website. Dave Ray would like some of the information updated on the website. 23. For Discussion Only: Updates on Nevada Public Lands Task Force (requested by Commissioner Arellano) Comm. Arellano presented the Public Lands Task Force summary from January 24th. He feels the county should make the decision on which lands should be sold. Jim Dunlap and Tom Cartwright had questions regarding the sale of county land. 24. Commissioner Comments There were no commissioner comments. 25. For Possible Action: Approve Minutes of January 2 and 16, 2014 Comm. Hastings moved to approve the minutes of January 2, 2014 and January 16, 2014 as presented. Comm. Keller seconded and the motion passed unanimously 5 0. 134 February 6, 2014
26. Public participation 27. Closed Labor Session as allowed under NRS 288.220 28. Adjourn The meeting was adjourned. LYON COUNTY BOARD OF COMMISSIONERS JOE MORTENSEN, Chairman ATTEST NIKKI BRYAN, Lyon County Clerk/Treasurer 135 February 6, 2014