Yerington, Nevada July 5, 2013 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-Treasurer Nikki Bryan and Deputy Clerk Donna MacGill.
1.
Public participation:
There was no public participation. 2.
For Possible Action: Review and adoption of agenda
Comm. Arellano moved to approve as presented. Comm. Keller seconded and the motion passed unanimously 5 - 0. 3.
Presentation of awards and/or recognition of accomplishments
4.
Commissioners/County Manager comments
Comm. Hastings thanked the sheriff’s department, fire department and outside agencies who came in to help. He also thanked first responders and everyone who volunteered for getting the fire in Silver City knocked down and stopping the Pedlar fire so quickly. Comm. Fierro attended a ground breaking ceremony in Fernley for Chisholm Crossings, an adult assisted living facility; construction should be finished in approximately ten months. Comm. Keller had no comment. Comm. Arellano attended the first meeting of the public lands task force for the State of Nevada, where 17 counties were represented. They began reviewing the economic feasibility study that Eureka County had done at one time. He felt the Lyon County board should take a position down the road. He will have more information as the meetings progress. He also commented on BLM wilderness issues and the Douglas County lands bill that Senators Heller and Reid cosponsored. Jeff Page commented on the Pedlar fire that burned 96 acres. There were no structures burned or personal injuries. He mentioned some flooding issues in the area. He also commented on the changes in the open meeting law. He met with the Paiute tribe regarding fees charged; there may be an opportunity to take ownership of some acreage. There will also be a meeting regarding code enforcement issues. 5.
Elected Official’s report
There were no elected official reports. 6.
Appointed Officials comments
Public Works Director Mike Workman presented the month end report for his department. He also commented on some of the major projects that have been completed. He discussed scheduling with the shortage in staff. He included an annual recap for facilities. He discussed work orders, cost and workload on three people. He commented on the Human Services’ move. The chip seal project was completed two months ahead of schedule; Lumos and Associates was used as project engineer on that project. He thanked Tim Ogle for coordinating efforts due to the severe rains we had. He commented on working with Dick Faber on engineering work. He updated the board on projects needed in Silver City and suggested working with Lumos and Associates on any complaints the County staff may have. County Manager Jeff Page commented on public complaints regarding roads, parks and buildings. He said the public works staff has been cut by 54% in the last three years. Jeff Page would appreciate forwarding those complaints to the county manager’s office. Book BG 16
Yerington, Nevada July 5, 2013
Yerington, Nevada July 5, 2013 Comm. Keller said all calls are not complaints; she has received calls from the public asking where they can help. Comm. Fierro asked Mike Workman about Cardelli Ditch project. Mike Workman has contacted some individuals on how to resolve some of the issues. Jonnica McClure of the Lyon County library system commented on the restructuring of the library; they have recruited more volunteers. They have had two very successful meetings. In Dayton, the volunteerism will help maintain the summer reading program. They are trying to use volunteers in a larger capacity in the daily operation than in the past. 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
There were no tax roll corrections. 9.
For Possible action: Review and possible approval of business license applications: a. b.
c. d. e. f. g.
10.
Cassano, Charles F.; Charles F. Cassano; 28 Robin Rd., Yerington, NV; Change Business Name Wojciechowski, Charles; Wojciechowski, Mary Jo; Complete Service Solutions Co. Inc.; Roto Rooter Contractors; 639 E. Brooks Ste. 209, North Las Vegas, NV; Plumbing Contractor Parker, Joey L.; Dayton Valley Family Therapy; 246 Dayton Valley Rd. Ste 102A, Dayton, NV; Mental Health Counseling Facility Griggs, Kathryn L.; Griggs, Forrest C.; Blue Ridge Enterprises LLC; Highland Balloon Repair; 25 Heppner Dr., Mound House, NV; Change Name Foor, Glen H.; Patriot Plating; 25 Cash Dr., Mound House, NV; Electroplating & Metal Finishing O’Larey, Richard P.; O’Larey, Karen; Silver State Educational Assessment and Consulting, Inc.; 7370 Little Easy St., Sparks, NV; Change Location Douglas, Michael; Douglas, Barbara; Smith Valley Equipment Repair Inc.; 312 W. Fourth St., Carson City, NV; Mobile Equipment Repair
For Possible Action: Approve Public Defender Contracts for Kenneth V. Ward, Paul G. Yohey and Wayne Pedersen
Jeff Page said the Public Defender contracts come up every two years; nothing has changed in the contracts as far as dollar amounts. There has been one complaint concerning Mr. Yohey that is being verified. He suggested either tabling this item until the next meeting or approving the contracts for Kenneth Ward and Wayne Pedersen today and acting on Paul Yohey’s contract after the complaint issue has been resolved. Comm. Arellano moved to approve the Public Defender Contracts for Kenneth V. Ward and Wayne Pedersen and continuing the contract for Paul G. Yohey until the next commissioners’ meeting. Comm. Hastings seconded the motion. Comm. Keller had questions regarding murder cases in Lyon County and having a public defender that is death certified. Jeff Page explained that Lyon County can’t afford a death certified public defender. Book BG 17
Yerington, Nevada July 5, 2013
Yerington, Nevada July 5, 2013
Ken Ward explained Supreme Court Rule 250 relating to death qualified attorneys that requires two or more murders and to have second chaired at least one capital case. Ken Ward is not aware of any death qualified attorneys in any rural county in Nevada except possibly Nye County. Comm. Mortensen called for the vote and the motion passed unanimously 5 - 0. 11.
For Possible Action: Approve the Ferrari Club annual Virginia City Hillclimb to be held September 14 & 15, 2013
Comm. Hastings said he attended the Silver City Advisory Board meeting and Silver City is in favor of this event with the two stipulations placed on the Ferrari Club during the 2012 event. Comm. Hastings moved to approve the Ferrari Club annual Virginia City Hillclimb to be held September 14 & 15, 2013 with the following stipulations: 1. Arrange with the citizens of Silver City a form of pass or identification to identify the residents that live near the highway so they can access their homes during the event. 2. Post a spotter with a radio or some other form of communication at each highway access point to coordinate entry and exit of residents. Comm. Fierro seconded and the motion passed unanimously 5 – 0. 12.
For Possible Action: Authorize Lyon County to become a party to a conditional stipulation to resolve certain protest issues regarding application number 80700 that is before the Office of the State Engineer and allow all non-material changes to the stipulation to be approved by the County Manager and/or legal counsel
13.
For Possible Action: Related to a request by the Public Works Director for the Board to approve the use of $18,000 of Central Lyon County Park Tax reserves to purchase a new 3 color LED message board to be located at Our Park in Dayton
14.
For Possible Action: Review and accept travel claims
Travel claims totaled $4,335.14. 15.
For Possible Action: Review and accept County claims and financial report
County claims totaled $235,188.61 and payroll totaled $1,018,666.33. Items 10 and 11 will be acted on separately. Comm. Arellano moved to approve the consent agenda with the exception of items 10 and 11. Comm. Keller seconded and the motion passed unanimously 5 – 0. **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY County Manager, Jeff Page, said that Sheriff Veil sent an email that he would not be present, so there will be five commissioners voting.
Book BG 18
Yerington, Nevada July 5, 2013
Yerington, Nevada July 5, 2013 16.
Public participation
There was no public participation. 17.
For Possible Action: Review and possible approval of temporary liquor license application: a. b.
Silver City Volunteer Fire Department; Fireman’s Ball Fundraiser for 150 Year Anniversary; Silver City Town Park; Temporary Liquor Permit for: July 27, 2013 Tri-County Rodeo; Rodeo Events; Dayton Arena; Temporary Liquor Permit for: July 14, 2013
Comm. Fierro moved to approve the temporary liquor license applications for Silver City Volunteer Fire Department for July 27, 2013 and Tri-County Rodeo for July 14, 2013. Comm. Keller seconded and the motion passed 5 – 0. Sheriff Veil was absent. 18.
For Possible Action: Review and possible approval of liquor license application: a. b.
Stryker, Bonnie G.; Bull Winkles Bar Grill; 10115 Hwy 50 East, Mound House, NV; Full (Saloon) Simpson, Daniel; Northern Nevada Motorsports; 1965 Hwy 95A, Fernley, NV; Beer & Wine
Comm. Fierro moved to approve the liquor license applications for Bonnie G. Styker and Daniel Simpson. Comm. Keller seconded and the motion passed 5 – 0. Sheriff Veil was absent. 19.
Public participation
There was no public participation. ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING ON PLANNING ITEMS 20.
CRADLES TO CRAYONS / HAUPT, SUNIETA – SPECIAL USE PERMIT (for possible action) – Request for a Special Use Permit to operate an existing childcare facility under new management; located at 801 Overland Loop, Suites 106, 107 & 108, Dayton (APN 19-342-25) PLZ-13-0033. Planning Commission Recommendation: Based on the recommended findings, Betty Retzer made a motion recommending approval of the Special Use Permit for Cradles to Crayons, subject to the 20 conditions recommended by staff. Mike Hardcastle seconded and the motion passed unanimously (7 ayes; 0 nays; 0 abstentions)
Rob Loveberg said this is a request for a Special Use Permit to operate an existing childcare facility under new management. The facility has been approved in the past for a special use permit. Comm. Arellano moved to approve Cradles to Crayons Special Use Permit to operate an existing childcare facility under new management; located at 801 Overland Loop, Suites 106, 107 & 108, Dayton (APN 19-342-25) PLZ-13-0033, with the 20 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 shall maintain a Lyon County business license for the use while occupying the premises.
Book BG 19
Yerington, Nevada July 5, 2013
Yerington, Nevada July 5, 2013 3.
The applicant shall obtain all applicable State licenses prior to conducting the business operation.
4
The applicant shall comply with all applicable fire and building code permit requirements.
5.
The applicant shall maintain a current lease agreement with the property owner.
6.
The day care operation shall not be occupied until all of the conditions of approval are met and a certificate of occupancy is granted in accordance with the appropriate building code standards.
7.
The special use permit for the child care center is not transferable from one owner/operator to another or from one location to another.
8.
The applicant shall provide sufficient area of indoor space for each child exclusive of bathrooms, halls, kitchen, stairs and storage spaces as determined by the State of Nevada, Division of Child and Family Services.
9.
The applicant shall provide sufficient area within the outdoor play space for each child, as determined by the State of Nevada, Division of Child and Family Services.
10.
The applicant shall provide sufficient sanitary facilities for each child, as determined by the State of Nevada, Division of Child and Family Services.
11.
Children’s outdoor activities shall be limited to 6:00 A.M. (or sunrise) to 6:00 P.M. (or sunset).
12.
If outdoor lighting is provided, it shall comply with the outdoor lighting requirements of Lyon County Code Chapter 10.20.
13.
Playground equipment shall be kept in good repair, be designed and constructed to minimize injury, compatible with the age of the children in the care of the facility, spaced to reduce accidents and securely anchored.
14.
Outdoor activity areas for children shall only occur within the existing six foot high solid fence. The outdoor play area shall have trees or a structure which can provide adequate shade for the children using the area.
15.
The applicant shall provide resilient surfaces underneath any elevated play equipment and adequate safety barriers around any elevated platforms.
16.
Facilities are to comply with all applicable accessibility requirements of the American’s with Disabilities Act.
17.
The applicant shall have no dangerous or poisonous plants located within the boundaries of the play area or that is accessible to children from the play area.
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 nonuse of the permit for a year, may result in the institution of revocation proceedings.
20.
The special use permit is subject to annual review.
Comm. Fierro seconded and the motion passed unanimously 5 – 0. **END OF PLANNING APPLICATIONS ** REGULAR AGENDA 21.
For Possible Action - Approve the annual resolution of the Lyon County Board of Commissioners to designate the number of cents on each one hundred dollars of property tax levied for each fund and authorize the levy of the tax required for FY 2013-2014
Book BG 20
Yerington, Nevada July 5, 2013
Yerington, Nevada July 5, 2013
Jeff Page said the commissioners had tentatively approved the tax rates for the county; approval of the resolution is required under state statute. Comm. Fierro moved to approve the annual resolution of the Lyon County Board of Commissioners to designate the number of cents on each one hundred dollars of property tax levied for each fund and authorize the levy of the tax required for FY 2013-2014. Comm. Keller seconded and the motion passed unanimously 5 – 0. 22.
For Possible Action: To amend and approve amendments to Lyon County Administrative Policy and Procedures 1-3 General Responsibilities in reference to Board of Commissioners appointment to various Boards, Commissions and Committees
Jeff Page explained that at the last meeting there was a request to look at Lyon County Administrative Policy and Procedures 1-3 and standardize the appointment to various boards that involve citizens. Jeff Page made changes to policy and has presented them for the commissioners’ approval. Comm. Arellano wanted reassurance that everything is in the bylaws for the citizen advisory committees. Jeff Page explained that under state statute the Board of County Commissioners is responsible for appointment to all citizen boards. How the board does that is entirely up to the Board of Lyon County Commissioners but the commissioners are ultimately responsible. He mainly followed what’s been done in the past where recommendations are made to the board, and the board will make the decision. Comm. Arellano made a motion to approve amendments to Lyon County Administrative Policy and Procedures 1-3 General Responsibilities in reference to Board of Commissioners appointment to various Boards, Commissions and Committees. Comm. Keller seconded the motion. Jonnica McClure spoke on behalf of Theresa Kenneston, Library Director. Theresa Kenneston believes it is important to define ex-officio, liaison and define duties and limitations of positions of ex-officio and/or liaisons to appointed boards. Ms. Kenneston wanted to know if the Library Board of Trustees is included in the language of this document. Jonnica McClure has no immediate concerns or questions. She discussed the vacancies on the Library Board of Trustees. She explained that if the commissioners do not approve the appointments to the Library Board on today’s agenda, they will not have a quorum; the board will not be able to proceed with any governing action. Comm. Mortensen called for the vote and the motion passed unanimously 5 – 0. 23.
For Possible Action: Appoint Harriet M. Ormsbee and John Hartley to the Board of Trustees of the Lyon County Library System
Jeff Page recommended adhering to the new policy the commissioners voted in. Steve Rye explained the library board will not have a full board to make recommendation under the new policy. The county manager and the library director would put together a package that would comply with the new procedure. Mr. Rye also felt the new policy should be followed as clearly as possible. Jonnica McClure commented on new policy and the process to follow for interested applicants. Rick Stanfield, library trustee, said the previous policy was followed and asked that the applicants be approved. Jonnica McClure said that in the past, it has been difficult to recruit people to serve on the library board. Book BG 21
Yerington, Nevada July 5, 2013
Yerington, Nevada July 5, 2013 General discussion by the public, library personnel and board of commissioners was held concerning the new policy and approving the appointments to the library board of trustees. Jeff Page suggested the board make a motion to take no action on item 23 and it will be properly agendized for the next board meeting. Comm. Keller made a motion to take no action on agenda item 23. Comm. Hastings seconded and the motion passed unanimously 5 – 0. 24.
Commissioner Comments
Comm. Arellano said he met with Senator Settlemeyer on Wednesday and he felt it was very positive. There were no further comments 25.
For Possible Action: Approve Minutes of June 6, 2013
Deputy Clerk Donna MacGill explained the June 6, 2013 minutes were approved at the June 20, 2013 meeting. Approval of the June 20, 2013 and July 5, 2013 will be on the July 18, 2013 agenda. There was no action. 26.
Public participation:
There was no public participation. 27.
Adjourn LYON COUNTY BOARD OF COMMISSIONERS ___________________________________________ JOE MORTENSEN, Chairman
ATTEST
_______________________________________ NIKKI BRYAN, Lyon County Clerk/Treasurer
Book BG 22
Yerington, Nevada July 5, 2013
