May 19, 2011 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Joe Mortensen, Vice-chair Chuck Roberts, Commissioners Virgil Arellano, Vida Keller and Ray Fierro. Also present: County Manager Jeff Page, Chief Deputy District Attorney Mark Krueger and Clerk-Treasurer Nikki Bryan. 1. Review and adoption of agenda Comm. Roberts made a motion to remove item #19 and to approve the agenda as amended. Comm. Fierro seconded and the motion passed unanimously 5-0. ITEM #22 WAS HEARD AT THIS TIME 9:15 A.M. Time Specific Jail Project - Discussion and possible action on project update, tasks completed to date, and financial update (action will be taken) County Manager Jeff Page stated that the total price of the jail complex should be available by the end of June or the first part of July. He also said that Jail Project Manager Roger Sedway does not come to every meeting because of the expense to the County. 10:00 A.M. Public Hearing Bill 11-03 an Ordinance amending the Lyon County Code Title 4 - Revenue and Taxation; Chapter 7 - Civil Cases; Additional Fees; by amending Subchapter 01 Filing Fee, to Provide for the Imposition of a Filing Fee by Each Justice of The Peace; and deleting Subchapters 04 Special Revenue Fund, and 05 Duration, in their entirety; and other matters properly related thereto County Manager Jeff Page stated that this ordinance was talked about and proposed during the budget sessions. Comm. Roberts made a motion to approve as presented. Comm. Fierro seconded and the motion passed unanimously 5-0. 2. Elected Official s report There were no elected official s reports. 3. Appointed Officials comments Utilities Director Mike Workman gave an update on his recent activities, including the reorganization of public works. 4. Advisory Board reports County Manager Jeff Page brought to the Board s attention the Silver City Advisory Board agenda and also the letter from the Mound House Advisory Council. Comm. Arellano asked when the by-laws will be ready for completion. 5. County Manager report County Manager Jeff Page spoke about town hall meetings in all areas of the County. He also updated the Board on his various recent activities. He thanked Mike Workman, Gary Fried, Dustin Homan, Dana Judd, Gene Kay and Tim Ogle for their efforts in the reorganization. Mr. Page also discussed the weeds around the County. 6. Commissioner comments Comm. Arellano stated that he has been attending Walker River Irrigation District meetings and mentioned that the National Fish and Wildlife Foundation has received approval to buy more water rights within Smith and Mason Valleys. Comm. Fierro stated how impressed he is with the school district s technical programs. 7. Public participation 14 May 19, 2011
**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. Keith, Adrienne; Adrienne Keith; 10 Gulch Ct., Dayton, NV; Child Care b. Sikora, Laurie; Egg Chix; 5340 Railroad St., Silver Springs, NV; Egg Sales c. Delong, Danielle; George DeLong Construction, Inc.; 833 E. 4 th St., Winnemucca, NV; Exploratory Drilling d. Donathan, Marc D.; Industrial Logistics Transportation Services, LLC; 45 PPF Way, Moundhouse, NV; Change Location e. Henslee, Greg; Wise, Ted; McFall, Tom; O Reilly Auto Parts #3647; 9 Retail Rd., Suite 2, Dayton, NV; Change Name f. Ishibashi, Rickey L.; Ishibashi, Susan M.; R & D Package Homes; 10 Carter Ln., Smith, NV; Sales of Package Home Kits, Panelized Walls and Trusses. g. Clark, Ross L.; Clark, Linda L.; Naab, Randall S.; Ross Clark Material Handling & Ergonomic Solutions, Inc.; 2401 Gold River Rd., Rancho Cordova, CA; Direct Sales of Warehouse Equipment h. Tholl, Barbara; The Ice Cream Truck; 505 Crabapple Ln., Dayton, NV; Mobile Ice Cream Truck i. Simpson, Allen L., Jr.; Up In Smoke; 7 Drifter Ln., Dayton, NV; Online Sales & Shipping of Tobacco Related Products 10. Approve Lyon County Sheriff to sign contract with Washoe County for forensic services during FY 2011/2012 in the amount of $42,238.00 11. Approve a five-year license agreement with High Desert Internet Inc. to allow them to lease rack space located at Singatse Peak Translator Site 12. Notification of delinquent tax letters sent 13. Request to approve contract between Lyon County and Great Basin Institute to construct the Wilson Canyon Trail, in the amount of $33,797.99 14. Review and accept travel claims Travel claims totaled $5,502.09 and registrations totaled $1,445.00. 15. Review and accept County claims and financial report County claims totaled $2,123,172.27 and payroll totaled $1,254,902.66. it passed unanimously 5-0. **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 16. Public participation 17. Review and possible approval of temporary liquor license applications: a. The Misfits Theater Group; Oodles of Noodles; 65 Pike St. Dayton, NV; Temporary Liquor Permits for: May 14 & 15, 2011 Comm. Roberts made a motion to approve as presented. Comm. Fierro seconded the motion and 15 May 19, 2011
Sheriff Veil was absent. ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS REGULAR AGENDA 18. Discussion and possible action to approve a waiver to Lyon County Code Title 10, Chapter 9, to allow a mobile home more than 15 years old be issued a permit (power has been off more than 6 months), located at 5 South Highway 339, (Mobile Home Park) APN: 14-441-16 Kim Thorenfeldt of Pleasant Springs Properties of NV presented this item and gave the Board a brief history of this mobile home. Building Department Director Nick Malarchik presented five conditions that should be considered. Comm. Arellano made a motion to approve as presented subject to the following conditions: 1. Provide evidence that NV DMH has removed the Stop Work order posted in 2009 and has approved the work done to refurbish this MH. 2. Apply for a new MH permit since permit BLD-09-0065 has long since expired. Permit fee is $500. Application must indicate the installation will be accomplished by a contractor licensed in the State of Nevada to install MH. Application must include evidence of current ownership of the MH. 3. Prior to obtaining the County permit, pay the Improvement of Transportation tax of $800 as the unit no longer qualifies for the exemption from this tax as defined in Title 10.04.09.07. 4. Obtain all required permits, inspections and approvals from the Nevada Division of Manufactured Housing. 5. Obtain final approval from the County Building Department of the installation of the MH and for its use as a dwelling within six months of the waiver. Comm. Roberts seconded the motion and 19. Discussion and possible action to accept affidavit and petition filed by petitioners John Bennetts and JoRita Bennetts pursuant to NRS 517.390 for a patented mining claim, APN 16-101-13, acquired by the County by operation of revenue laws, and authorize the sale of said property to petitioners for the sum for which the said property became the property of the County This item was removed from the agenda. 20. Discussion and possible action to appoint an alternate, representing Lyon County Commission, to the Lyon County Room Tax Board Comm. Roberts made a motion to appoint Comm. Arellano as the alternate to Comm. Mortensen as the Board s representative on the Lyon County Room Tax Board. Comm. Keller seconded the motion and 10:30 A.M. Public Hearing Bill 11-04 an Ordinance amending Lyon County Code; Title 5 Business and License Regulations; by creating therein Chapter 9 Locksmiths and Safe Mechanics; Subsection 1 Definitions; Subsection 2 License Required, Application, Investigation; Subsection 3 Work Permit Required, Application, Investigation; Subsection 4 Investigation; Issuance of Work Permit; Subsection 5 Grounds for Denial; Subsection 6 Unlawful Acts; Subsection 7 Penalties; and other matters properly related thereto. 16 May 19, 2011
Donald McCandless stated that there should be strict rules for getting a locksmith license, including a background check, because it is too easy to obtain tools and a license now. Comm. Arellano made a motion to approve as presented. Comm. Roberts seconded the motion and 21. Discussion and possible action to approve an agreement between Lyon County and Rural Nevada Development Corporation, to administer the Rural Economic Development Fund (a Community Development Block Grant) Maureen Williss, Lyon County CDBG representative, presented this item. She stated there were a few minor changes in the agreement. Comm. Roberts asked about long term liabilities Comm. Fierro made a motion to approve the agreement. Comm. Roberts seconded the motion and 22. Closed session per NRS 241.015(2)(b)(2) report from Louis M. Bubala, Armstrong- Teasdale, LLP, on status of Bankruptcy litigation on the Anaconda Mine Site The Board went into closed session. There was no action taken. RECESS TO CONVENE AS CENTRAL LYON COUNTY VECTOR CONTROL DISTRICT BOARD 23. Public Participation 24. Review and accept claims and financial report The cash balance as of May 16, 2011 was $593,698.17. There were no pay bills or payroll. ADJOURN TO CONVENE AS MASON VALLEY MOSQUITO ABATEMENT DISTRICT BOARD 25. Public Participation 26. Review and accept claims and financial report The cash balance as of May 16, 2011 was $202,276.98. Pay bills totaled $5,693.01 and payroll totaled $3,543.67. ADJOURN TO CONVENE AS WALKER RIVER WEED CONTROL DISTRICT BOARD 27. Public Participation 28. Review and accept claims and financial report The cash balance as of May 16, 2011 was $84,136.75. Pay bills totaled $1,505.35 and there was no payroll. 17 May 19, 2011
ADJOURN TO CONVENE AS THE WILLOWCREEK GENERAL IMPROVEMENT DISTRICT 29. Public Participation 30. Review and accept claims and financial report The cash balance as of May 16, 2011 was $447,970.62. There were no pay bills or payroll. ADJOURN TO CONVENE AS THE SILVER SPRINGS GENERAL IMPROVEMENT DISTRICT BOARD 31. Public Participation 32. Review and accept claims and financial report The cash balance as of May 16, 2011 was $998,784.42. Pay bills totaled $1,207,266.26 and there was no payroll. ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 33. Commissioner Comments Comm. Mortensen reminded everyone about the meeting on May 20, 2011 to discuss the strategic planning process. 34. Approve Minutes of May 5, 2011 Comm. Fierro made a motion to approve the minutes of May 5, 2011 as presented. Comm. Keller seconded the motion and 11:00 A.M. Public Hearing Bill 11-05 an Ordinance amending Lyon County Code Title 3 Boards and Commissions; by amending: Chapter 10 Surcharge for Enhancement or Improvement of Telephone System used for Reporting Emergency; Providing that the Advisory Committee Shall Consist of a Minimum of Five Members; Amending Provisions Regarding the Ending Year Fund Balance; and other matters properly related thereto Planning Director Rob Loveberg presented this item. He stated that this corrects language and other minor things pursuant to NRS 244A. 11:30 A.M. Public Hearing Bill 11-06 - an Ordinance amending the Lyon County Code Title 10 - Land Use Regulations; Chapter 8 - Nonconforming Uses; by amending Subchapter 03 Discontinuance of Use, to Provide for an Increase to the Period of Time for a Discontinued Non Conforming Use and to provide authority to the Board for Granting an Exception; and other matters properly related thereto. 18 May 19, 2011
Building Department Director Nick Malarchik presented this ordinance. Comm. Arellano asked if hardship should be defined. Chief Deputy District Attorney Mark Krueger stated that the term hardship should be handled on a case by case basis by the Board. Comm. Roberts made a motion to approve as presented. Comm. Arellano seconded the motion and The meeting was adjourned. LYON COUNTY BOARD OF COMMISSIONERS ATTEST: JOE MORTENSEN, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 19 May 19, 2011