Comm. Milz requested that item #37 and item #38 be removed from the agenda.

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1 April 5, 2007 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Phyllis Hunewill, Vice-Chair Don Tibbals, Commissioners Bob Milz, LeRoy Goodman and Larry McPherson. Also present: Interim County Manager Robert Hadfield, District Attorney Bob Auer, Clerk/Treasurer Nikki Bryan and Deputy Clerk Joanne Sarkisian. 1. Review and adoption of agenda Comm. Milz requested that item #37 and item #38 be removed from the agenda. There was a consensus to approve the agenda as amended. 2. Appointed Official s report Emergency Manager Jeff Page distributed an emergency operations report for the month of March Mr. Page spoke of a fire in the Silver Springs area and thanked the road department for their assistance. Road Manager Gary Fried informed the Board that the warranty repairs have begun to the recent chip seal project. County Engineer Dick Faber spoke of a suspected mold problem at the Sheriff s dispatch building. The carpet is being replaced and at present the dispatch department is in temporary housing. Human Resources Director Steve Englert gave an update on the County Manager recruitment process. There are currently four candidates that will be interviewed at the Board meeting on May 3, CDBG Representative Maureen Williss gave an update on the grant process. She announced that Crystal Clear Water has been awarded a grant in the amount of $170,000. Human Services Director Edrie LaVoie announced that her department is completely moved in to the Fernley office. The Board will be receiving an invitation to the open house on April 25, Utilities Director Mike Workman gave an update on the utilities department. He mentioned that the Rolling A is in the final process and will be ready for an open house in the near future. The main focus of the utilities department this year will be monitoring the infiltration wells. Chief Probation Officer Roger Sayre gave an update on the bill draft request regarding a juvenile detention center. He mentioned that the bill is ready to be addressed on the Senate floor. 3. Elected Officials comments Clerk/Treasurer Nikki Bryan mentioned that she visited the alleged illegal business in Mason and found no evidence of a business being operated at that location. Since this is not a business license issue her department will not be involved. Sheriff Allen Veil gave details of vandalism to the county vehicles in the Dayton area. Sheriff Veil mentioned that in some areas of the County there was very low attendance at the methamphetamine forums. He then thanked District Attorney Bob Auer for his assistance in the medical billing of inmates. Sheriff Veil mentioned that his department is working on a building and facility use policy. He would like to see all facilities within the county be under the same policy regarding security and liquor policies. District Attorney Bob Auer mentioned that there will be a jury trial next week and he will be prosecuting this case. 4. Advisory Board reports 21 April 5, 2007

2 There were no advisory board reports. 5. County Manager report Interim County Manager Bob Hadfield addressed the Board. He spoke of the current legislative session. He then commended the County staff for their quick responses to his requests. Mr. Hadfield informed the Board that he approved an emergency expenditure to repair the computer system in District court. 6. Commissioner comments Comm. Goodman mentioned that he contacted the assessor s office and informed them that a citizen would like to donate property to the County. He mentioned that Walmart is under construction in the City of Fernley and there will soon be a Lowe s. Hopefully these stores will help increase the County s sales tax revenue. Comm. Milz had no comments. Comm. Tibbals has a concern with the new building being leased at Occidental Square. He would like to know when the building will be ready for the Sheriff to occupy. Comm. Tibbals would also like to know why the north end of the building is being remodeled for a second time, what it will cost and who is paying for it. Interim County Manager Bob Hadfield stated that he has been in contact with Mr. Millard and will have the information available to answer Comm. Tibbal s questions at the next Board meeting. Comm. McPherson had no comments. Comm. Hunewill commented on the bill drafts that are currently before the legislature. She then spoke of the Smith Valley Advisory Board meeting, the group has questions regarding the proration of the Berry-Hinckley bills and how those amounts are determined. Comm. Hunewill suggested they invite County Engineer Dick Faber to their next meeting so he can explain the process. Comm. Hunewill mentioned that the Smith Valley Senior/Community Center group is putting together a proposal for the Board s consideration. Comm. Hunewill advised them that with the budget shortfall there may be no funds available at this time but they should proceed with their plans. Comm. Hunewill then spoke of her attendance at the Walker River Stakeholders meeting. She will also be meeting with the forest service regarding the Wilson Canyon Trail project. 7. Public participation Silver Springs Mutual Water representative Don Allen addressed the Board. He mentioned that he testified at the legislature regarding SB 276. He requested that public community non-profit systems be included in the BDR and asked for the Board s support. Silver Springs resident Tabatha Perkins spoke of the crimes being conducted in the area of Atkins Street in Silver Springs. She has a concern with the follow through when a complaint is filed with the sheriff s department. She mentioned that after sending a letter of concern to the former County Manager and several other departments, the only response she received was from Sheriff Veil. Ms. Perkins would like to know why she only received one response to her letter. **CONSENT AGENDA** 8. Discussion and possible approval of changes on Assessor s tax role due to corrections in assessments and review of tax roll changes 22 April 5, 2007

3 Unsecured factual corrections totaled $ Review and possible approval of business license applications a) Kiviat, Thomas F.; Advanced Countertop Design, Inc.; 475 E. Greg Street #111, Sparks, NV; Fabrication & Installation of Countertops b) Blanco, Arthur N.; ANB Enterprises; A South #D, Silver Springs, NV; Change of Suite ONLY! c) Teixeira, Robert; Teixeira, William F.; B and B Yard Maintenance; Hwy 50 East, Mound House, NV; Lawn Mowing, Dump Hauling and Snow Removal d) Campora, Thomas P.; Campora, Ronald D.; Hoslett, Al W.; Campora, Inc. dba/ Campora Propane Service; 1507 Hwy 395 North #C, Gardnerville, NV; Sales & Delivery of Propane e) Rojas, Lourdes A. & Sanchez, Alonzo R.; Carniceria La Reina, LLC; 801 Overland Loop, #302, Dayton, NV; Grocery and Meat Market f) Peterson, Debbie A.; Carousel Ice Cream; 204 Spyglass Court, Dayton, NV; Mobile Ice Cream Truck g) Hudson, Mike S.; Class A Roofing, LLC; 876 Tanager, Incline Village, NV; Roofing Contractor h) Casas, Silvano S. & Rodlynn J.; Contract Flooring & Interior Services, Inc.; 1335 Greg Street #107, Sparks, NV; Floor Coverings and Installation i) Martin, Jesse G. & Sandra; Corvus Aircraft USA, Inc.; 1991 Hwy 50 West, Hanger #1, Silver Springs, NV; Storage of Promotional Aircraft Parts and Materials j) Peterson, Cory D.; Cory s Gone Mad; 247 Cruden Bay Drive, Dayton, NV; Mobile Detailing of Autos, Boats and RV s k) Rieger, Curtis L.; Rieger, Troy A.; Pearson, Sara R.; Custom Quality Fence; Volunteer Drive, Reno, NV; Fence Construction l) Bryant, Dana M. & Westerman, Steven S.; D & S Welding & Design; 4955 Pueblo Drive, Stagecoach, NV; Welding Products in Sub-Leased Shops for Sale m) Hughes, David L.; David L. Hughes Upgrades; 134 Calvert Street, Dayton, NV; Change of Address ONLY! n) Kappes, Daniel W.; Cassiday, Michael W.; Golden, James & Linda; Decommissioning Services, LLC; 7950 Security Circle, Reno, NV; Addition of APN to Existing Business License o) Clements, Roberta; Roberta Clements Agent; Hwy 50 East, Mound House, NV; Independent Agent for Desert Rose Real Estate GMAC p) Deines, Jerry V.; Miles, William D.; Richardson, Cary E.; DMR Development, LLC; 61 Industrial Parkway, Mound House, NV; Develop Commercial Properties for Sale and Leasehold q) Hull, Dennis R.; Done Acres Handyman Service; 9751 Via Catalina, Silver Springs, NV; Handyman Services r) Jacobs, Scott C.; Double D Backhoe Service; 728 Mammoth Way, Gardnerville, NV; Excavating Contractor s) Bullock, Fraser & Henderson, Timothy B.; Erickson Carpentry Contracting, LLC; 4840 Mill Street, Suite 1, Reno, NV; Framing Contractor t) Evans, Frank B. & Rauh, Robin A.; F. Evans Construction, Inc.; 155 Glendale Avenue #10, Sparks, NV; General Contractor u) Warden, Mike J. & Toni A.; Garden Shop Nursery Landscaping Division, Inc.; 1978 Frazer Avenue, Sparks, NV; Landscape Contractor v) Roach, Nathan B.; Gradex Construction Company; 800 Bennie Lane, Reno, NV; Grading & Excavating Contractor w) Foster, J.S. & Glazer, Melanie; J.S. Foster Realty.com LLC; 73 Laxalt Drive, Mound House, NV; Real Estate Sales (Sharing office space with J.S. Foster Machining) x) Nowak, Antoni; J & T Express; 4935 Buffalo Drive, Stagecoach, NV; Change of Address ONLY! y) Groth, James C.; Jim Groth Excavation; 4480 Old Clear Creek Rd., Carson City, NV; Excavating & Grading Contractor 23 April 5, 2007

4 z) Ramsey, David L.; Ramsey, Christian D.; Ramsey, Daniel S.; Ramsey Custom Cars, LLC; 31 Cygnet Drive, Unit C, Mound House, NV; Used Car Sales aa) Challapalli, Ram M.; Fuller, Colin M.; Chryssos, Basil E.; Arger, Dipaolo, Fuller, Drummer, Newmark and Spring, APC dba/ Sierra Nevada Cardiology Associates; 901 Medical Center Drive, Dayton, NV; Cardiology Medical Services (leasing office from Carson Tahoe Regional Healthcare) bb) Rife, Jeff J. & Ivey, Mark; Sierra Nevada Financial, LLC; 22 State Route 208, Yerington, NV; Mortgage Broker for Private Loans (Sharing office space with Rife Sciarani & Co. cc) Montero, Jesse Ray & Krystal Lee; Sleep with Ease; 314 Dayton Street, Yerington, NV; Handyman Services dd) Jacobsen, Judi; Jacobsen, William Ben; Foley, Richard; Smith Valley Realty, Inc.; 2805 Hwy 208, Wellington, NV; Real Estate Sales ee) Colley, Michael E.; Workin Stiffs; 840 Branstetter Avenue, Dayton, NV; Mobile Diagnostics and Repairs 10. Strike taxes on parcel in the amount of $ because it has been acquired by the South Lyon County Hospital District 11. Approve the release of the one year / 10% maintenance bond for Bluestone Estates, Phases 2, 3 & 4, located in Dayton, Nevada 12. Approve Proclamation naming April 22-28, 2007 as National County Government Week in Lyon County, Nevada 13. Approve Proclamation declaring April as National Child Abuse Prevention Month in Lyon County, Nevada 14. Accept Nevada Division of Aging Grant Award # NX-07, in the amount of $12,354.00, for the Nutrition Services Incentive Program 15. Review and accept travel claims as presented by Comptroller Travel claims totaled $4, and registrations totaled $5, Review and accept County claims and financial report as presented by Comptroller County claims totaled $5,783, and payroll totaled $2,052, Comm. Tibbals made a motion to approve the consent agenda as presented. Comm. McPherson seconded and the motion passed unanimously 5-0. **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 17. Review and possible approval of liquor license applications a) Rojas, Lourdes A.; Carniceria La Reina, LLC; 801 Overland Loop, #302, Dayton, NV; Packaged Goods Comm. Milz made a motion to approve as presented. Comm. Tibbals seconded and the motion passed unanimously Review and possible action of temporary liquor license applications 24 April 5, 2007

5 a) Tri-County Rodeo Events Association; Various Roping and Rodeo Events; Dayton Events Arena, 500 Schaad Lane, Dayton, NV; Temporary Liquor Permit for: Apr 7 & 28, 2007 ONLY! May 12, 19-26, 2007 ONLY!; Jun 9 & 23, 2007 ONLY!; Jul 7, 2007 ONLY!; Aug 4, 25 & 26, 2007 ONLY!; Sep 15, 2007 ONLY!; Oct 6, 2007 ONLY! b) Western Nevada Cattlewoman; Annual Fund Raiser; Smith Valley Community Center, Wellington, NV; Temporary Liquor Permit for: Mar 31, 2007 ONLY! Comm. Milz commented that the issue of security has been addressed by Tri-County Rodeo Events Association and Sheriff Veil. Mr. Milz also stated that the events to be held in August were junior rodeos and no alcohol will be served. Comm. Milz made a motion to approve item #18a with the exception of August 4, 25 and 26, 2007 and to approve item #18b as presented. Comm. Tibbals seconded and the motion passed unanimously 5-0. ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING ON PLANNING APPLICATIONS **CONSENT AGENDA FOR PLANNING APPLICATIONS** 19. INFINIFUEL BIODIESEL / SAPP, CLAUDE SPECIAL USE PERMIT The applicant has filed for a special use permit to operate an alternative fuel, bio-diesel processing facility, utilizing an existing industrial facility, located on the east half of an approximately total acre parcel; located at 15 Julian Lane, Mason Valley (APN ) The conditions are as follows: 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 provide a Site Plan showing the entire area to be utilized identifying the following features: a. All buildings, structures and permanently sited equipment; b. Parking facilities; c. Vehicle circulation; d. Security features; e. Exterior lighting; f. Storage areas and facilities. 3. The applicant shall comply with all applicable fire and building code requirements. 4. The applicant shall comply with all requirements established by the fire district and emergency management department for handling, storage, and reporting of hazardous materials. 5. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections. 6. The applicant shall comply with the off-street parking regulations and requirements set forth in (C) of the Lyon County Code including, but not limited to, the following:. a. If lighting is provided, it shall be so arranged to reflect away from residential areas, any public street or highway. b. All off-street parking facilities shall comply with recognized standards and dimensions of layout commensurate with individual design limitations. 7. All parking areas, driveways and entry areas shall be graveled and handicap parking shall meet Americans with Disabilities Act requirements. 8. The applicant shall limit signage to the placement of one sign not to exceed 32 square feet in area. The sign shall not be illuminated, nor exceed 12 feet in height. 25 April 5, 2007

6 9. The applicant shall obtain Planning Department approval of the site improvements, including access, driveways, parking, landscaping, and exterior lighting prior to the issuance of any building permits and prior to the issuance of the special use permit. 10. The applicant shall provide evidence of the approval of the Nevada Division of Environmental Protection and Division of Water Resources for the use of the existing individual sewer disposal system and existing well, or provide suitable approved alternatives. 11. The offices shall not be occupied for residential living purpose. 12. The applicant shall procure and/or maintain a Lyon County business license prior to occupying premises. 13. All of the requirements placed on the special use permit by the County Building Official, Mason Valley Fire Protection District, Planning Director, and other agencies with jurisdiction shall be met prior to the applicant commencing use of the site. 14. 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. 15. 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 non use of the permit for a year may result in the institution of revocation proceedings. 16. The special use permit is subject to annual review by Lyon County. 17. The Mason Valley Fire Protection District minimum requirements for the special use permit are: a. Primary and secondary access to facility with 20 ton all weather roads required by fire code. b. Approved security and lighting of facility c. Approved tank setting and storage of methanol per local, state and feral fire and building code requirements. d. Mixing room shall have explosion proof hardware. e. Facility shall meet or exceed fire suppression water flow requirements. f. Approved primary and secondary containment of chemical and product storage. g. Provide fire department with training in respects to methanol fires and other hazardous chemicals used on site. Training objectives and instruction to be determined by fire department. Cost of training shall be negotiated with Infinifuel. h. Provide fire department with AAAf alcohol resistant fire fighting foam on regular basis. Amounts and storage of foam will be decided prior to storage of Hazardous chemicals on site. i. Submit all plans to local, county and state agencies for review and approval. j. Detailed site plan. k. Fire suppression sprinkler system with adequate water flow and storage. l. Supply fire department with fire fighting nozzles use din foam applications. Amount an type to be determined prior to certificate of occupancy. m. Complete contractor and or engineering evaluation of all infrastructures that Infinifuel will be utilizing, including the existing tank storage. n. Evacuation plan for facility. 20. WALKUP, KATHRYN SPECIAL USE PERMIT The applicant has filed for a special use permit for a mobile home to be used as a second dwelling through a hardship exception on 2.6 acres at 211 Grosh Avenue, Dayton (APN ) The conditions are as follows: 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 comply with all applicable fire and building code requirements. 26 April 5, 2007

7 3. The applicant shall acquire all necessary State, County and special purpose district permits and obtain all necessary public inspections. 4. The additional mobile home shall be a doublewide or smaller. 5. The manufactured home and its installation must meet all applicable State of Nevada Division of Manufactured housing requirements at the time of placement. 6. The manufactured/mobile home must be used as temporary quarters for the housing needs of a relative. The manufactured/mobile home shall not be used as rental income under any circumstance. The manufactured/mobile home must be removed within 30 days of the cessation of the need for the temporary use. 7. The applicants must comply with the applicable Central Lyon County Fire Protection District requirements. 8. The applicants shall meet all of the requirements placed on the special use permit by the County Building Official, Central Lyon County Fire Protection District, Planning Director, and other agencies with jurisdiction. 9. Any additional mobile home as authorized herein shall remain on the property only as long as the person for whom it was issued shall continue to reside in said mobile home and the special hardship found by the Commission shall continue to exist. 10. The sale of the lot upon which an additional mobile home has been authorized or the failure of the person for whom the mobile home was authorized to reside in said mobile home or the discontinuance of the specific hardship that was found by the Commission shall result in the automatic cancellation of the permit for the additional mobile home. Upon cancellation of the permit the additional mobile home shall be removed within thirty (30) days. 11. 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. 12. 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 non use of the permit for a year may result in the institution of revocation proceedings. 13. The special use permit is subject to annual review by Lyon County. 21. MKD CONSTRUCTION, INC. SPECIAL USE PERMIT The applicants have filed for a special use permit to place 2 temporary commercial coach units on the industrial property located at 20 Stokes Drive, Mound House (APN ) The conditions are as follows: 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 building must be a certified commercial coach for office use only. 3. The commercial coaches shall be connected to a public water system and an individual septic system. 4. The applicant shall procure and/or maintain a Lyon County business license. 5. If lighting is provided, it shall be downward shining and so arranged to reflect away from residential areas, any public street or highway. No lighting shall shine onto adjoining properties. 6. No signage is allowed as part of this Special Use Permit. 7. The applicant shall comply with all applicable fire and building code requirements. 8. The applicant shall meet all traffic control requirements placed on the business enterprise by the County Engineer, Lyon County, special purpose districts, and any other jurisdictions with approval authority. 9. The applicant shall comply with the off-street parking regulations and requirements set forth in (C) of the Lyon County Code including, but not limited to, the following: 27 April 5, 2007

8 a. All parking areas, driveways and entry areas shall be surfaced with a minimum of the same type of material and in the same manner as the adjoining public street used for access to the parking area. b. If lighting is provided, it shall be so arranged to reflect away from residential areas, any public street or highway. c. All off-street parking facilities shall comply with recognized standards and dimensions of layout commensurate with individual design limitations. 10. The applicant shall provide a minimum of 4 on-site parking spaces for the office use in conformance with the County s minimum parking standards. No parking spaces shall be allowed between a building/structure and street. All parking areas, driveways and entry areas shall be paved and handicap parking shall meet Americans with Disabilities Act requirements. 11. The applicant shall acquire all state, County and special purpose district permits and obtain all necessary public inspections. 12. All of the requirements placed on the special use permit by the County Building Official, Central Lyon County Fire Protection District, Planning Director, County Engineer and other agencies with jurisdiction shall be met prior to the applicant commencing use of the site. 13. 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. 14. 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 non use of the permit for a year may result in the institution of revocation proceedings. 15. The special use permit shall expire within one year of this approval. 16. Applicant shall comply with Lyon County 1996 drainage guidelines. 22. PUMPKIN HOLLOW PROJECT/PUMPKIN COPPER SPECIAL USE PERMIT - The applicants have filed for a special use permit to construct additional rock storage building(s) on acres located at 61 E. Pursel Lane, Mason Valley (APN ) The conditions are as follows: 1. A maximum of two 60 x 120 expandable storage buildings shall be constructed in accordance with the plans dated 1/30/07, with revisions as required by the special use permit conditions of approval, building codes and conditions of approval by agencies having jurisdiction. Any further expansion of the non-residential use will require modification of this special use permit or an additional special use permit, and/or other approvals. 2. The applicant shall comply with all applicable fire and building code requirements. 3. The applicant shall meet all traffic control requirements placed on the property by the Nevada Department of Transportation, the County Engineer, Lyon County Road Manager, special purpose districts, and any other jurisdictions with approval authority. 4. The applicant shall comply with the off-street parking regulations and requirements set forth in (C) of the Lyon County Code including, but not limited to, the following: a. All parking areas, driveways and entry areas shall be surfaced with the same type of material and in the same manner as the adjoining public street used for access. b. If lighting is provided, it shall be so arranged to reflect away from residential areas, any public street or highway. 28 April 5, 2007

9 5. The applicant shall comply with Mason Valley Fire Protection District requirements. The site s access and circulation shall comply with the County and Mason Valley Fire District access and turning radius standards. 6. The applicant shall comply with Lyon County s 1996 drainage guidelines. 7. All of the requirements placed on the special use permit by the County Building Official, Mason Valley Fire Protection District, Planning Director, and other agencies with jurisdiction shall be met prior to the applicant commencing use of the site. 8. 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. 9. 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 non use of the permit for a year may result in the institution of revocation proceedings. 10. The special use permit is subject to annual review by Lyon County. Comm. Milz made a motion to approve the planning consent agenda with item # 20 being heard separately. Comm. Goodman seconded and the motion passed unanimously 5-0. Comm. Milz asked planning Director Rob Loveberg about the age of the mobile home stated in item #20. Mr. Loveberg stated that he was not sure of the age but the applicant would have to meet the County requirements regarding size and age of the home. Comm. Milz made a motion to approve item #20 as presented. Comm. Goodman seconded and the motion passed unanimously 5-0. **END OF PLANNING APPLICATIONS CONSENT AGENDA** **PUBLIC HEARING ON REGULAR PLANNING APPLICATIONS** 23. HANSON, GARY & BEVERLY ZONE CHANGE - The applicant has filed for a zone change from RR3, Third Rural Residential District (5 acre minimum) to RR2, Second Rural Residential District (2 acre minimum) at 625 Hwy 95A and 605 Hwy 95A, Mason Valley (APN , 13) (action will be taken) Lyon County Planner Paul Esswein presented this item. He mentioned that staff is requesting denial of this application as an increase in density in this area at this time is inappropriate. Rick Christian of Denson Surveying represented the applicant. He stated that the request is compatible with the surrounding area. The property is partially surrounded by RR2 zoning. Mr. Christian mentioned that the subject parcels each have their own well and septic tank. Applicant Gary Hanson addressed the Board. He mentioned that he has farmed the parcels for the last 15 years and there are sufficient amounts of water to service the proposed parcels. Beverly Landolt, an area resident, spoke in favor of the zone change. Comm. Goodman asked if the parcels were the same ones Mr. Hanson has farmed in the past. Mr. Hanson stated that he quit farming these parcels about 5 years ago. Comm. Tibbals made a motion to approve the zone change based on the findings that it: 1. Is in substantial compliance with the Master Plan Land Use Map. 2. Will provide for land uses compatible with existing adjacent land uses and will not have detrimental impacts to other properties in the vicinity, and 3. Will not negatively impact the public health, safety and welfare. Comm. Milz seconded and the motion passed unanimously April 5, 2007

10 24. DIAMONDBACK PROPERTIES, INC. ZONE CHANGE The applicant has filed for a zone change from RR2T, Second Rural Residential District with Mobile Overlay (2 acre minimum) to C-2, General Commercial District, NR 2, Multiple-Residence Non-Rural Residential District (8000 sq. ft. minimum), MHP, Mobile Home Park District at Highway 50 & Newman Lane, Mound House (APN , , , ,03) (action will be taken) (PLZ ) Lyon County Planner Paul Esswein presented this item. He stated that the planning department had recommended a denial of this zone change. The Planning Commission had voted by majority to approve this item. Comm. Milz made a motion to approve as recommended by the Planning Commission. Comm. Goodman seconded and the motion passed unanimously SMITH, BRAD & SHERRY DIVISION OF LAND INTO LARGE PARCELS, TENTATIVE MAP WAIVER The applicant has filed for a waiver of the requirement for a tentative map of division of land into large parcels for acres at Hwy 50 and Break-A-Heart Road, Stagecoach (APN ) (action will be taken) (PLZ ) Comm. Tibbals made a motion to approve as presented. Comm. Goodman seconded and the motion passed by majority 4-1 (Comm. Milz opposed). 26. SMITH, BRAD & SHERRY DIVISION OF LAND INTO LARGE PARCELS, FINAL MAP The applicant has filed for a final map of division of land into large parcels for acres at Hwy 50 and Break-A-Heart Road, Stagecoach (APN ) (action will be taken) (PLZ ) Dennis Smith, Western Engineering, presented this item. He gave details of the project. The Board had concerns with the road and feels that it should be an all weather road so that not only emergency vehicles, but residents will have year round access. Planning Director Rob Loveberg stated that the standard for emergency vehicles access is an all weather road. He then mentioned that his department is limited by state law on the road conditions that can be placed on this item. The law does not allow the planning department to require off site road improvements. Mr. Smith commented that the future owners of these parcels will be informed of the fact that Break-A-Heart road is not County maintained. Comm. Goodman and Comm. Milz agreed that in order to create these parcels the access roads need to be improved and the County needs to protect itself. Silver Springs resident Jack Ruckman had questions regarding the maintenance responsibility. Planning Director Rob Loveberg responded that it is the responsibility of the people who have an interest in using the road to maintain it. Comm. McPherson made a motion to deny the application due to the condition of Break-A-Heart Road. Comm. Milz seconded. A BREAK WAS TAKEN AT THIS TIME Comm. McPherson withdrew his motion. Comm. Milz agreed to the withdrawal. Comm. McPherson made a motion to approve with the following conditions: 1. The applicant shall comply with all Federal, State, County and special purpose district regulations. 2. The applicant shall make corrections of any engineering or drafting errors and other technical map corrections to the satisfaction of the County Engineer and Planning Director prior to submitting the map for recordation. 30 April 5, 2007

11 3. The applicant shall pay the actual costs for County Engineer plan and map checking and County Inspector site improvement inspection fees, in accordance with the adopted County fee resolution in effect at the time, and provide proof of payment to the Planning Department prior to map recordation. 4. The final map shall dedicate right-of-ways, 30 feet in width, along all section lines to provide for future connectivity. 5. The final map shall identify the following: a. All roads or easements that exist or as they may be proposed by the person who plans to divide the land; b. Any easements for public utilities that exist or are proposed; c. Any existing easements for irrigation or drainage; and d. Any normally continuously flowing watercourses and any easements and rightsof-way or other property interests necessary to implement and maintain any water conveyance and delivery system required by any rule or regulation of the local Irrigation District; and e. Any existing road or easement that the owner does not intend to dedicate. 6. The applicant shall have improvement plans prepared and improvements constructed that provide each lot with an access road that is suitable for use by emergency vehicles. The improvement plans shall be reviewed and approved by the County Engineer, and all improvements shall be completed to the satisfaction of Lyon County prior to map recordation. 7. The corners of each lot are set by a professional land surveyor. 8. The form and content of the final map shall be in accordance with Title The applicant shall request a road name for the 60 access easement, per document number , and show the approved road name on the final map. 10. The applicant shall obtain all necessary approvals and encroachment permits, and coordinate and comply with any requirements placed on this division of land into large parcels map by the Lyon County Road Department. 11. The following items are required of all development and are provided for informational purposes: a. All septic systems must be inspected and approved by the State Health Department or appropriate agency. b. All construction shall comply with all applicable building and fire code requirements. Building permits shall be issued in compliance with Title 10 and 11 of the Lyon County Code. c. Structures placed on these parcels shall adhere to the County s site and setback standards for the RR-5 zoning district as it applies to each parcel. d. Distinct and legible temporary addresses are required of any structures under construction until such time as permanent address numbers are installed and posted. e. No lot shall be offered for sale or sold until the final map has been approved and recorded. f. All debris on construction sites must be contained and removed periodically as required for safety and cleanliness to the satisfaction of the Lyon County Building Department. 12. All property taxes must be paid in full through the end of the fiscal year (June 30) prior to recordation of any final map. 13. Required recording fees to be paid at time of recording map. 14. The applicant shall provide the final map of division of land into large parcels to the Lyon County GIS Coordinator in form and format compatible with the County geographical information system (GIS) pursuant to of the Lyon County Code. The scale of the site plan, improvements, monuments and other items shall be in model space correctly oriented to coordinate system as established by the GIS Coordinator. Cover sheet and standard details need not be included. 15. The map shall include a note marking the Immigrant Trail on the final map. 16. The map shall meet any Nevada Department of Transportation requirements. 17. The map shall include a note requiring any structures to be located outside the A flood zone. Comm. Tibbals seconded and the motion passed unanimously ART WILSON COMPANY SPECIAL USE PERMIT The applicants have filed for a special use permit to expand an existing mining facility to operate a mineral 31 April 5, 2007

12 processing mill on approximately total acres; located off of Linehan Road, Mound House (APN ) (action will be taken) (PLZ ) Lyon County Planner Paul Esswein presented this item. Applicant Art Wilson stated that the odor problem is caused by the temperature of the dryer, he has installed equipment that controls the temperature of the dryer to help reduced the odor. He stated that the odor has diminished greatly. Mr. Wilson mentioned that he has made visits to nearby residents and they are happy with the progress in odor control. Mr. Wilson stated that he would like to change the condition relating to hours of operation so that he can operate on the weekend if necessary. The Board did not concur. Comm. Milz would like a condition added stating that the Board will conduct a compliance review after six months. Area resident Melinda Cash would like to see the improvements Mr. Wilson agreed to be completed. Les Cash, Lemon Road resident, spoke against the special use permit. He then mentioned that the EPA has restricted the operation to forty hours per week. Victor Moan, Plant Operations Manager, commented that currently the plant is under a restriction by the EPA to operate a maximum of 40 hours a week until a filter system required by the EPA is in place. Silver City resident John Bennetts spoke in favor of the special use permit. Building Director Nick Malarchik reminded the Board that the existing buildings must meet building department approval. Comm. Milz made a motion to approve as presented with the following conditions: 1. The processing facility shall provide a copy of its Nevada Division of Environmental Protection, Bureau of Air Quality Control Class II operating permit, and shall maintain its permit in good standing and compliance as a condition of continued operation. Failure to maintain the permit in good standing shall be cause for the County to review the special use permit and may result in the suspension and/or revocation of the special use permit. 2. The applicant shall mitigate the molasses odor and provide documentation of the successful mitigation to the satisfaction of the Planning Director within 6 months. 3. Hours of operation of the processing mill shall be limited to Monday through Friday, 6:00 a.m. 10:00 p.m. not to exceed 4000 hours of operation per year allowed by the NDEP 4. The processing facility shall be constructed in accordance with the undated site plan submitted as a part of the special use permit application with revisions as required by the special use permit conditions of approval. Any further expansion of the mining and processing operations will require modification of this special use permit or an additional special use permit, and/or other approvals. 5. The applicant shall improve the mine s access road at its intersection with Linehan Road with a AC paved approach apron, with adequate wings, and install a culvert to County standards and the satisfaction of the Lyon County Road Manager and County Engineer. The improvements shall be completed within 6 months. The County may consider and approve temporary improvements to the existing access road/linehan Road intersection and permanent improvements to a new intersection based on impacts and designs resulting from the future construction of the V & T Railroad. The construction of permanent improvements is a requirement of the continued operation of the use. 6. The applicant shall comply with all State, County, Federal and special district rules and regulations as they apply to this special use permit. 32 April 5, 2007

13 7. The applicant shall comply with all applicable fire, building, zoning and improvement code requirements. 8. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections. 9. The applicant shall meet all traffic control requirements placed on the business enterprise by the Nevada Department of Transportation, the County Engineer, Lyon County Road Manager, special purpose districts, and any other jurisdictions with approval authority. 10. The applicant shall comply with the conditions noted in the letter from the Nevada Department of Transportation dated December 11, 2006, including: a. All access must comply with the NDOT Access Management System and Standards, July The Nevada Department of Transportation will require an occupancy permit for any work performed within the State s right-of-way. b. The Department requires the use of only legal, permitted accesses onto State roadways. A change or an increase in the function of this property served by an existing access or street may require a new right-of-way occupancy permit application and approval. 11. The applicant shall comply with Central Lyon County Fire Protection District requirements. All required fire hydrants are to be installed and fully operating. Minimum required fire flows are required for each fire hydrant as directed by the Fire District. The site s access and circulation in and around the storage units and parking areas shall comply with the County and Central Lyon County Fire District access and turning radius standards. 12. No signage is approved with this special use permit. 13. The applicant shall comply with Lyon County s 1996 drainage guidelines. 14. The applicant shall obtain Planning Department approval of the site improvements, including access, driveways, parking, and exterior lighting prior to the issuance of any new building permits. 15. The applicant shall provide evidence of the approval of the Nevada Division of Environmental Protection for an individual sewer disposal system or suitable permanent alternative, or provide evidence that such facilities are not required. 16. Site development work will require a grading permit(s) in accordance with Title (F), as applicable. 17. No residential uses are permitted with this special use permit. 18. The applicant shall maintain a Lyon County business license for the use while occupying the premises. 19. 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. 20. 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 non use of the permit for a year may result in the institution of revocation proceedings. 21. The special use permit is subject to initial 6 month review and if all requirements are met, the special use permit may be modified to annual review by Lyon County. 22. The hours of operations to be subject to review and modification by the governing body subject to reasonable cause. 33 April 5, 2007

14 23. The Special Use Permit is subject to an initial 6 month review by the Board of Lyon County Commissioners. Comm. Tibbals seconded and the motion passed unanimously Discussion and possible action to accept Nevada Commission on Economic Development grant award of $119,000 for a fire suppression line at the Silver Springs Airport Silver Springs Airport Manager Kay Bennett presented this item. She stated that Silver Springs Airport was not drawn in the initial round of CDBG grants. CDBG representative Maureen Williss explained the process for alternates receiving unclaimed grant funds. Comm. Goodman made a motion to approve. Comm. McPherson seconded and the motion passed unanimously Discussion and possible action to accept resignation of Mr. Doug Maddock from the Lyon County Fair Board and authorize advertisement for replacement member Comm. Goodman made a motion to approve as presented. Comm. Tibbals seconded and the motion passed unanimously Discussion and possible action to appoint Mr. Harvey Pinkerton to the Debt Management Commission with a term ending December 31, 2008 Comm. Milz made a motion to approve as presented. Comm. McPherson seconded and the motion passed unanimously Discussion and possible action to approve matching funds in the amount of $5,000 for the Wilson Canyon Trail out of the park construction tax. Comm. Milz made a motion to approve as presented. Comm. Goodman seconded and the motion passed unanimously Discussion and possible action on acceptance of a 2.2 acre park site gift deed from Reynen & Bardis for Riverpark Phase 2, and a check in the amount of $50,000 for park development County Engineer Dick Faber presented this item. Comm. Milz made a motion to approve as presented. Comm. Goodman seconded and the motion passed unanimously 5-0. ITEM #35 WAS HEARD AT THIS TIME. A LUNCH BREAK WAS TAKEN AT THIS TIME. ITEM #39 WAS HEARD AT THIS TIME. ITEM #40 WAS HEARD AT THIS TIME. 33. Discussion and possible action in bidding chip seal work or authorize the Lyon County Road Division to perform the work, and authorize the bidding of the slurry seal project Road Manager Gary Fried presented this item. Mr. Fried stated that the County crew would be able to complete the project at a significant savings to the County. He asked for direction from the Board on their preference of going out to public bid or using County crews. 34 April 5, 2007

15 Comm. Goodman feels that the County should accept comparison bids. There was discussion regarding the type of oil to be used in the project. Mr. Fried commented that the MC800 oil is a higher cost but more effective than an emulsion oil. Comm. Milz made a motion to authorize the Lyon County Road Division to perform the work, and authorize the bidding of the slurry seal project. Comm. McPherson seconded. Comm. Milz withdrew his motion. Comm. McPherson agreed to the withdrawal. Comm. Goodman made a motion to authorize the bidding of the slurry seal project. Comm. Milz seconded and the motion passed unanimously 5-0 Comm. Goodman made a motion to authorize the bidding of the chip seal project with the cost of using County crews also being considered. Comm. Tibbals seconded and the motion passed unanimously Discussion and possible action to approve a letter of support to the State Supreme Court regarding an amendment to Assembly Bill 246, creating the 10 th Judicial District District Court Judge Leon Aberasturi informed the Board that this amendment has been removed from this legislative session. He is asking for the Boards support on this issue in the future. Judge Aberasturi gave specific reasons why a new Judicial District would be beneficial. Comm. Milz made a motion to approve a letter of support as presented. Comm. Hunewill seconded and the motion passed by majority 4-1 (Comm. Goodman opposed). 35. Discussion and possible action on dissolution of the Silver Springs General Improvement District Board per NRS Comm. McPherson began this item. He commented that several Silver Springs residents have asked for discussion on this item. Silver Springs resident Robin Harina asked for clarification on the state statute being cited. She then submitted for the record ninety-five letters from residents stating they are content with the existing GID Board. District Attorney Bob Auer clarified the statute. Mr. Auer mentioned that the statute being cited is actually Past GID Board member William Holler addressed the Board. He stated that Kay Bennett and Bob Wells are the only newly elected members to the GID Board. He then read the board members code of conduct. Silver Springs GID employee Glenda Gee read a letter into the record as follows: Dear Commissioner: As a trustee of the Silver Springs General Improvement District, I was hoping to be able to attend your meeting today April 5 th. Since I am unable to attend, I will concur that the SSGID has two big problems. There are two people who have some time with the SSGID, one was a board member and one was a manager. For some reason these two individuals have a problem with the current board members. They certainly seem to think that you, as Commissioners should take over the SSGID. As far as the SSGID board goes, we are holding our own. We are going to hire a manager, not accept one that is shoved down our throats. We will budget, advertise and hire a qualified person to manage the SSGID. I hope that you will take the time to consider the people that are living in Silver Springs who can not afford to spend any more money on sewer service. We are doing the best we can to keep the cost to a minimum. Sincerely, Trudi Kolsch 35 April 5, 2007

16 Silver Springs business owner Dick Linderman asked the Board to dissolve the GID board. He spoke of preparing for growth in Silver Springs and the need for services. Virginia Johnson, Silver Springs resident, encouraged the Board to dissolve the SSGID. Don Allen, Silver Springs Mutual Water Company, asked for the Board s consideration in combining the resources of the Silver Springs Mutual Water Company and the SSGID rather than dissolving the board of the GID. Silver Springs resident Chet Hillyard spoke of the efforts that had been put forth in the creation of the Silver Springs GID. He feels that the GID should be under the control of Lyon County Board of Commissioners and possibly operated by Lyon County Utilities. Planning Commissioner Ray Johnson reminded the Board of the feelings at the time the GID Board was created. He then stated many issues and concerns with the present Board. It is Mr. Johnson s opinion that the present GID board should be dissolved. Silver Springs GID employee Glenda Gee responded to Mr. Johnson s comments and answered questions of the Board. She feels that the community needs to be involved and attend the GID board meetings. Virginia Thompson reminded the Board that last August there were 144 letters submitted requesting that the Board dissolve the existing GID board. Silver Springs GID employee Tabatha Perkins stated that the GID board has made mistakes, still she would like to maintain a local board. Robin Harina commented that the reason the past GID board had not hired a manager was they felt that the incoming board would be better served to hire the manager of their own choosing. She then stated that the plant is currently running at only 27.3 percent of capacity and would have far less repairs and maintenance if it were at full capacity. Margaret Ruckman, Silver Springs Chamber of Commerce, commented that she receives many calls asking for hotel and restaurant facilities. She feels that if there were facilities available, residents and businesses would follow. She also stated that the GID board continues to make the same mistakes over and over again. Comptroller Josh Foli clarified how the EDU funds are accounted for. He also stated that the SSGID is not over budget in total, some line items are over budget while others are under. SSGID board member Kay Bennett read a letter from Mr. Bob Wells. She also read the following into the record: Although I have served for a convenient target of a few SSGID Board members who refuse to take responsibility for their actions, the issues extend far, far beyond one individual SSGID Board member. It is about irresponsible stewardship of a $12 million dollar asset essential to the community. At a time when Lyon County is financially stretched to meet its budget, achieve financial stability through the attraction of growth and development to this strategically located area of Silver Springs, the current SSGID presents an enormous roadblock. I sincerely urge the Lyon County Commissioners to dissolve the SSGID Board of Trustees now before further damage is done by the SSGID Board in depleting all its existing financial reserves. Under proper management of the Lyon County Utilities, there should be sufficient O & M revenues to operate this utility without financial burden to Lyon County. Don Harina addressed the Board. He expressed his feelings against dissolving the current GID board. He feels that a possible solution would be a recall of the existing SSGID Trustees. Comm. Milz stated several reasons for needing to disband the current SSGID Board. He feels that the existing board is dysfunctional and the people of Silver Springs deserve better. He stated that the Lyon County Board of Commissioners are the ultimate responsible party to take care of the health, safety and welfare for the citizens of Lyon County and if at some point this GID board can not take care of its own business then it is the responsibility of this Board to take care of this issue and we are at that point today. 36 April 5, 2007