March 5, 2009 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Phyllis Hunewill, Vice-chair Larry McPherson, Commissioners Don Tibbals, Chuck Roberts and Joe Mortensen. Also present: County Manager Dennis Stark, District Attorney Bob Auer and Clerk/Treasurer Nikki Bryan. 1. Review and adoption of agenda Comm. Tibbals made a motion to approve the agenda as presented. Comm. Mortensen seconded and the motion passed unanimously 5-0. 2. Appointed Official s report Comptroller Josh Foli spoke of the revenue projections for next year. He distributed the budget workbooks and stated that the revenue projections for the coming year are about $1,000,000 shorter than expected. Human Services Director Edrie LaVoie mentioned that Comm. Mortensen, Comm. Roberts, Comm. McPherson and City of Fernley Mayor Todd Cutler will be delivering meals as part of the national March for Meals campaign. She also spoke of some fundraising efforts for the Meals on Wheels program. 3. Elected Officials comments District Attorney Robert Auer spoke of the need for better security at the Court House and informed the Board of an incident that happened earlier in the week. 9:15 A.M. TIME CERTAIN Discussion and presentation by Care Flight personnel of an appreciation plaque to the Lyon County Sheriff s Office Care Flight Safety Committee Co-Chaiman Bill Landon presented a plaque to the Lyon County Sheriff s Office for their continued support of Care Flight. Care Flight Director of Special Operations Brian Taylor presented an award of commendation to Officer Jeremy Hall for his training in emergency medical services. 4. Advisory Board reports There were no Advisory Board reports. 5. County Manager report County Manager Dennis Stark commented that the draft budget has been distributed for review and hopes the budget discussions will be productive. He attended the Silver Springs advisory board meeting and they will be passing along their community plan to the planning and building departments. He also mentioned that the RSVP program is in need of drivers from the Yerington area. 6. Commissioner comments Comm. Roberts had no comments. Comm. McPherson stated that he has received some disturbing calls from Silver Springs residents regarding the Master Plan. Comm. Mortensen had no comments. Comm. Tibbals stated that he received a copy of the inventory for County properties and questioned the number of acres the County actually maintains. Comm. Hunewill spoke about a wilderness issue that is being considered by the legislature and suggested that the issue be put on an agenda to consider support of the bill. 33 March 5, 2009
9:30 A.M. TIME CERTAIN - Discussion, presentation and update, by Ken Ward-Public Defender, on Indigent Defense Fund Public Defender Ken Ward informed the Board of the changes to the indigent defense council that have taken place over the past one and one-half year. He also spoke of performance standards that must be met. At the present time the County is paying eighty percent of the cost of public defenders with the state paying the remaining twenty percent. He does not anticipate any changes in the near future. Comm. Hunewill requested that the Board receive a quarterly report as it states in the public defender contract. 9:45 A.M. TIME CERTAIN - Discussion and possible action to approve a solid waste franchise agreement with Waste Management, or extension of current franchise agreement Planning Director Rob Loveberg started the presentation. He reminded the Board of the franchise fee questions from the last meeting, which have since been addressed. There was also discussion on the yard service fee. Mr. Loveberg then mentioned that schedule A breaks down the base rate, the franchise fee and the total charge to the customer. Comm. Hunewill asked about the fees for emergency management. Mr. Loveberg responded that these fees will be paid for clean up in the event of a disaster. Darrol Brown of D & S Waste commented that it would be easier for his billing system to charge for can rental rather than for yard service. Waste Management representative Greg Martinelli commented that they will continue business as usual with D&S Waste for the southern part of Lyon County. He then commented that the fees at the Fernley transfer station were increased because the volume has been dramatically decreased since the City of Fernley contracted with a new company. Comm. Mortensen made a motion to approve the franchise agreement with Waste Management as presented. Comm. Roberts seconded the motion and it passed by majority 3-2 (Comm. Tibbals and Comm. McPherson opposed). 7. Public participation Animal Control Supervisor Delbert Matheus gave a presentation on animal control issues. He is proposing changing the hours of operation of the animal shelter to 8 a.m. to 4:00 p.m. Monday through Friday. Dayton Utilities Director Mike Workman stated that they made a presentation to the state on the Crystal Clear Water project. He also talked about working with various funding agencies on future projects. There was discussion on the number of delinquent accounts in the utility department. 10:00 A.M. Bill No. 09-02 - an ordinance amending Title 10, Chapter 12, Section 06, Land Development and Title 11, Chapter 8, Section 05, Development Agreements; Procedures and Requirements, to establish process and procedures for consideration of Land Development Agreement by the County, and other matters properly related thereto. Planning Director Rob Loveberg started the discussion. He commented that this ordinance will combine the two parts in the existing code into one section and remove any inconsistencies in them. Sheena Beaver of the Builder s Association of Western Nevada stated that her organization is in favor of this ordinance. 34 March 5, 2009
Comm. Mortensen made a motion to approve the ordinance as presented. Comm. Roberts seconded the motion and it passed unanimously 5-0. **CONSENT AGENDA** 8. Approval of changes on Assessor s tax role due to corrections in assessments and review of tax roll changes Unsecured property factual corrections totaled $1,303.73. 9. Review and possible approval of business license applications: a. Guthery, Nancy E.; Aamber s Enchanted Realm; 128 Ring Road, Dayton, NV; Online Metaphysical Store b. Bell, Jason A.; Affordable Rain Gutters; 901 Kingsley Lane, Carson City, NV; Installation of Seamless Rain Gutters c. La Ponza, Anthony E.; Anthony s Plumbing Service; 8650 Rancho Avenue, Stagecoach, NV; Plumbing d. Bergman, Paul & Lisa; Bergman Clean, Inc.; 1140 Jessica Lane, Fernley, NV; Change of Entity Type e. Benton, David S. & Mc Donald, Danny M.; Calibrated Concrete Construction, Inc.; 9716 S. Virginia St., Bldg 1, Suite G, Reno, NV; Concrete Construction f. Millard, Dwight; Rojas, Lourdes A.; Carniceria La Reina, LLC; 801 Overland Loop, Ste 302, Dayton, NV; Change in Officers g. Caffaratti, Frank D. & Melissa; Fahnestock, Staci L.; Chunky But Funky Fitness, LLC DBA/Curves Fitness; 140 Douglas Street, #4, Dayton, NV; Change of Location & Update of Officers h. Millard, Dwight; Rojas, Lourdes A.; Carniceria La Reina, LLC DBA/Las Reinas Mexican Restaurant; 801 Overland Loop, Ste 301, Dayton, NV; Change in Officers i. Perkins, Christopher; Pro Com Systems, Inc.; 5375 Cameron Street, Ste L, Las Vegas, NV; Fire Detection & Low Voltage 10. Accept annual Silver & Gold Nutrition Grant #11-001-57-NX-09, FY09, from the State of Nevada, Division for Aging Services, in the amount of $11, 523.00 11. Approve a letter of support for the 50/50 Share Grant Application being submitted by the Lyon County School District to the Nevada Department of Transportation (NDOT) for Hwy 95A, Fernley High School Access Improvements; no costs will be incurred by Lyon County 12. Review and accept travel claims Travel claims totaled $2,676.11 and registrations totaled $3,555.00. 13. Review and accept County claims and financial report Pay bills totaled $4,253,227.28 and payroll totaled $1,132,758.00. Comm. McPherson had questions about items 9a and 12 so they were considered separately. Comm. Tibbals made a motion to approve the consent agenda, excluding items 9a and 12, as presented. Comm. Mortensen seconded and the motion passed unanimously 5-0. Comm. McPherson made a motion to approve item 9a as presented. Comm. Mortensen seconded the motion and it passed unanimously 5-0. Comm. McPherson commented the he hopes everyone will pay more attention to the travel and registration funding. He hopes no one will spend funds unnecessarily. Comm. McPherson made a motion to approve item 12 as presented. Comm. Mortensen seconded the motion and it passed unanimously 5-0. **END OF CONSENT AGENDA** 35 March 5, 2009
14. HERITAGE RANCH SUBDIVISION / DAYTON VALLEY ESTATES Request for approval of a phasing plan and schedule as required by condition #8 for the anticipated build out of the development on the Heritage Ranch Subdivision and Planned Development approved January 5, 2006 and extended January 3, 2008, on approximately 55.93 total acres; located off of Sheep Camp Drive, Dayton (APN 16-404-06) PLZ-09-0001 Planning Director Rob Loveberg gave an overview of the application. He commented that the applicant had not proceeded with any substantial work until this date. He also stated that the planning commission recommends denial of this request. If the Board denies this item the project will be considered expired. Rob Anderson, of R.O. Anderson Engineering, represented the applicant. He commented that the PUD phasing schedule had not previously been submitted to staff and as a result would like approval of the schedule that is now being submitted. He also mentioned that the applicant has purchased $1,000,000 in water rights which are now in litigation. Due to the litigation and the failure to submit a phasing schedule he is here requesting an extension of time. There was a lengthy discussion on the water rights including their quality. Comm. Tibbals made a motion to approve the project as presented. Comm. McPherson seconded the motion and it failed 2-3 (Hunewill, Mortensen and Roberts opposed). Comm. Roberts made a motion to deny the application as presented because it is not in the County s best interest to delay the phasing of the project to the year 2019. Comm. Mortensen seconded the motion and it passed by majority 3-2 (Tibbals and McPherson opposed). 1:00 P.M. - TIME CERTAIN - Discussion and possible action to approve hiring a Court Clerk I for the Dayton Township Justice of the Peace office County Manager Dennis Stark started the discussion. Human Resources Director Steve Englert stated that the staff recommendation is to not fill the position because of the budget situation in the County. The FY 09/10 budget has been balanced without this position. There was discussion on the number of clerks in each of the justice courts and it was mentioned that the number of clerks in Dayton was not decreased when the caseload was adjusted. Dayton Justice of the Peace Camille Vecchiarelli presented her request to the Board. She went over the details of the cost savings that she is predicting in her department. Judge Vecchiarelli feels there is enough cost savings to fund a new position. Human Resources Director Steve Englert reminded the Board that if this position is approved it would provide justification for Canal Township Justice Court to request another clerk position. Comm. Hunewill commented that at this time the best solution that the Board can offer is a temporary position in the Dayton Justice Court. She then asked if the three Judges could meet and discuss the redistricting and clerk positions amongst themselves prior to the next Board meeting. Walker River Justice of the Peace Mike Fletcher spoke in favor of balancing the caseload between the justice courts. He also stated that he will meet with the other judges to try to come to a resolution. County Manager Dennis Stark suggested a joint meeting with the Sheriff to determine if any stimulus funding will be available to law enforcement and the courts. Comm. Hunewill asked Judge Vecchiarelli if she would be willing to accept a temporary position. Justice of the Peace Camille Vecchiarelli responded that she would not be willing to do that. 36 March 5, 2009
Comm. Roberts, finding that there has been a decline in revenue that was not projected when the FY 08/09 budget was approved, made a motion to modify the FY 08/09 budget to reflect a total of 4 full time clerks in the Dayton Justice Court in keeping with the current hiring freeze and promotion freeze. Comm. Mortensen seconded and the motion passed by majority 4-1 (Comm. Tibbals opposed). **REGULAR AGENDA** 15. Discussion and possible action to request sealed bids for the sale of television frequency licenses and related equipment County Engineer Richard Faber presented this item. He explained that since the County has decided not to upgrade to digital it is in the best interest to sell the licenses and equipment. The site will remain property of Lyon County who will then rent rack space to the purchaser. Comm. Mortensen made a motion to approve as presented. Comm. Roberts seconded and the motion passed unanimously 5-0. 16. Discussion and possible action to accept the low bid of $61,871.00, as proposed by Ferrel Construction, for construction related to the remodel of the McAtee Building County Engineer Richard Faber presented this item. He distributed a floor plan of the proposed construction and mentioned that demolition has already begun by Lyon County crews. Lyon County Sheriff s Deputies Rob Hall and Steven Adams were present to answer any questions. Comm. Tibbals made a motion to award the bid to Ferrel Construction in the amount of $61,871.00 as presented. Comm. McPherson seconded and the motion passed unanimously 5-0. 17. Discussion and possible action to select future dates for a Commission workshop and topics for the agenda There was consensus by the Board to meet Thursday, April 23, 2009 to discuss facilities, goals, priorities and future needs. Comm. Roberts asked to have information on the cost and amount of manpower that is needed to maintain a prisoner that is being held in custody available at the workshop. It was the consensus of the Board that each commissioner should advise the County Manager of any topics or questions they would like to have at the workshop. 18. Approve Minutes Comm. Mortensen made a motion to approve the minutes of February 19, 2009 as presented. Comm. McPherson seconded and the motion passed unanimously 4-0-1 (Comm. Tibbals abstained). LYON COUNTY BOARD OF COMMISSIONERS ATTEST: PHYLLIS HUNWILL, Chairman NIKKI BRYAN, Lyon County Clerk/Treasurer 37 March 5, 2009