August 4, 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 Vida Keller and Ray Fierro. Comm. Virgil Arellano was absent. Also present: County Manager Jeff Page, Chief Deputy District Attorney Mark Krueger, Clerk-Treasurer Nikki Bryan and Deputy Clerk Joanne Sarkisian. 1. Review and adoption of agenda Comm. Fierro made a motion to accept the agenda as presented. Comm. Keller seconded and the motion passed unanimously 4-0. 2. Elected Official s report There were no elected officials reports. 3. Appointed Officials comments Emergency Manager Rob Loveberg updated the Board on the progress of the narrow band radio upgrade which is an FCC regulation that must be completed by January 1, 2012. He then mentioned that he will be bringing forward a change to County code to allow agriculture in the M-1 zoning district. Mr. Loveberg also commented that the budget and scope of work is being reviewed for the Ramsey Canyon Watershed project. Public Works Director Mike Workman informed the Board that the chip seal and slurry seal project in the Dayton area is moving forward and will be completed in the next two weeks. He also stated that the Riverboat Road improvement project is out to bid and should be brought back to the Board in early September. Human Services Director Edrie LaVoie mentioned that during the budget session her department lost 3 part time positions in the Silver Springs office. Her remaining part time administrative staff has resigned and the grant funding that was used to pay for that position will not allow the position to be replaced. 4. Advisory Board reports There were no advisory board reports. 5. County Manager report There was no county manager report. 6. Commissioner comments Comm. Fierro mentioned that he attended the Smith Valley Advisory Board meeting. 7. Public participation Maureen Williss commented that the 150 th celebration picnic on August 27, 2011 is coming together very well. The committee has ordered enough food for 3500 people and there are approximately 50 volunteers for cooking and clean-up. **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 $19.49 and secured property factual corrections totaled $2,432.86. 9. Review and possible approval of business license applications: a. McIntire, Jeffrey; All Around Handyman; 236 Gordon Ln., Dayton, NV; Handyman 59 August 4, 2011
Services b. Clate, Talia Rene; Country Divas Chic Boutique; 20 Rangeland Dr., Wellington, NV; Online Clothing and Accessories Sales c. Coyne, Stephen; Coyne, Ellyn; Coyne Roofing Inc.; 1331 Banner Dr., Gardnerville, NV; Roofing Contractor d. Haas, Richard; Haas, Roger; Haas, Dick; Haas, Vicki; Dick s Auto Shop; 11 Martin Dr., Mound House, NV; Automotive Garage e. Chen, Jen Guo; Golden Dragon #2; 9 Retail Rd., Suite 9, Dayton, NV; Restaurant f. Johnson, Bonnie E.; Koffee Shack, The; 168 Oakridge Dr., Dayton, NV; Internet Sales of Coffee g. Forsyth, Christian W.; Lund, Kurt Y.; Leading Technology Development, LLC; 444 N. 7200 W., Petersboro, UT; Residential & Small Commercial Construction h. Thomas, Thomas B.; Loyd-Thomas Construction; 2323 Pine Rd., Fallon, NV; General Construction i. Grebitus, William; McCabe, Christopher; Mmmmm Yogurt & Treats; 770 Hwy 50 East, Dayton, NV; Change from a Mobile Unit to Physical Location j. Hean, Scott; Spiering, Eugene; Patton, Thomas; Singatse Peak Services, LLC; 517 W. Bridge St. Yerington, NV; Mineral Exploration k. Hale, William O.; Sunkist Home Improvements; 731 E. Glendale Ave., Sparks, NV; Exterior Home Improvements l. Pedersen, Todd; Dunn, Alex; Black, Christopher; Wilcox, Nathan B.; Brenchley, Shawn; Vivint, Inc.; 4931 N 300 W. Provo, UT; Name Change 10. Acceptance of Women, Infants, and Children Notice of subgrant award, in the amount of $229,172 11. Approve Interlocal Contract with Nevada Division of Health Care Financing and Policy (DHCFP) and Nevada Division of Welfare and Supportive Services (DWSS) to pay the non-federal share of the costs for Aged, Blind, and Disabled (ABD) recipients in institutional care as approved by the 2011 Nevada State Legislature, for the two year period beginning July 1, 2011 and ending June 30, 2013 12. Approve the Interlocal Contract with Nevada State Health Division, Public Health and Clinical Services, for an Assessment Fee in the amount of $61,985 per each year of the biennium, for State provided Environmental Health Services as approved by the 2011 Nevada State Legislature 13. Approve Interlocal Contract with Nevada State Health Division (NSHD), Public Health and Clinical Services to provide for the Community Health Nursing program in Lyon County, in the amount of $141,168 for the biennium ending June 30, 2013 14. Appoint Commissioner Ray Fierro as the Commission representative to the Dayton Valley Event Center 15. Appoint Mr. Robert Froland to the Central Lyon County Park & Recreation Board, with a term expiring December 31, 2011 16. Approve expenditure of park tax money in the amount of $1000.00, for the City of Fernley to replace the roofs on baseball dugouts 17. Approve agreement with Research and Consulting Services, Inc. (RCS) to administer the HOME program for Lyon County 18. Approve contract for the professional bull riding event at the Lyon County Fair & Rodeo with Four Star Rodeo Company 19. Approve contract for Rodeo and Stock Services at the Lyon County Fair & Rodeo with Four Star Rodeo Company 20. Review and accept travel claims Travel claims totaled $2,391.55 and registrations totaled $60.00. 60 August 4, 2011
21. Review and accept County claims and financial report County claims totaled $2,394,321.02 and payroll totaled $1,092,257.31. Comm. Fierro made a motion to approve the consent agenda as presented. Comm. Keller seconded and the motion passed unanimously 4-0. **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 22. Public participation There was no public participation. 23. Review and possible approval of temporary liquor license applications: a. Kiwanis Club of Dayton Township; TSCO-Best in the West Snack Bar; Dayton Valley Event Arena; Temporary Liquor Permits for: August 20, 2011 b. Yerington Rotary Club; Mexican Bull Riding Event; Lyon County Fair Grounds; Temporary Liquor Permits for: July 23, 2011 Comm. Fierro made a motion to approve the temporary liquor licenses as presented. Comm. Keller seconded and the motion passed unanimously 4-0 (Sheriff Veil was absent). ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS PUBLIC HEARING ON PLANNING ITEM 24. TRADITIONS, VILLAGE ONE, PLANNED UNIT DEVELOPMENT DEVELOPMENT AGREEMENT Request for a Development Agreement to permit an extension of the Traditions, Village One, Tentative Subdivision Map and completion of improvements on a revised schedule; located north of Highway 50, Dayton (APN s 16-401-93, 94, 96, 97, 98; 16-402-13, 14, 17, 19, 21, 22, 24, 25; 16-403-07, 09, 12, 13, 15, 16, 17, 30, 31, 32, 33) PLZ-10-0020 (action may be taken) Planning Director Rob Loveberg stated that due to a noticing problem no action can be taken on this item today although discussion can take place. Mr. Loveberg then spoke of the roadway easement between Dayton Village Parkway and Six Mile Canyon. This dedication will become part of the development agreement. Susan Dorr of Manhard Consulting represented the applicant and was available for questions. 25. ASPEN CREEK, TENTATIVE SUBDIVISION MAP DEVELOPMENT AGREEMENT Request for a Development Agreement to permit an extension of the Aspen Creek, Tentative Subdivision Map and completion of improvements on a revised schedule; located South of Highway 50, Dayton (APN s 16-023-02 & 16-023- 03) PLZ-10-0031 (action may be taken) Planning Director Rob Loveberg presented this item. He began by stating that this item was also improperly noticed and will be brought back to the next meeting. Carol Dotson representing Aspen Creek LLC was available for questions. 26. NEW LIFE CHURCH/ LESAGE, FRANCIS X SPECIAL USE PERMIT Request for a special use permit for a church and related activities to include a youth outreach program and food distribution pantry; located at 1400 West Antelope Street, Silver Springs (APN 17-415-06) PLZ-11-0021 (action may be taken) Planner Paul Esswein presented this item. He stated that this facility has previously been used a church and that the planning commission recommends approval of this item. 61 August 4, 2011
Based on the following findings: A. The proposed use at the specified location is consistent with the general purpose and intent of the applicable zoning district regulations; B. The proposed use will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and is compatible with and preserves the character and integrity of adjacent development and neighborhoods or includes improvements or modifications either on-site or within the public right-of-way to mitigate development related to adverse impacts such as noise, vibrations, fumes, odors, dust, glare or physical activity; C. The proposed use will not be detrimental to the public health, safety, convenience and welfare; and D. The proposed use will not result in material damage prejudice to other property in the vicinity. Comm. Keller made a motion to approve with the following conditions: 1. Activities shall be limited to those contained in the application and supporting documents dated 6/2/2011 2. All approved activities shall be conducted within and immediately adjacent to the church structure 3. The applicant shall comply with all State, County, Federal and special district rules and regulations as they apply to this special use permit 4. 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. Access c. Security features and fencing d. Exterior lighting e. Storage areas and facilities f. All on-site sewage disposal facilities g. All water sources 5. The applicant shall comply with all applicable fire and building code requirements 6. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections 7. If lighting is provided, it shall be so arranged to reflect away from residential areas, any public street or highway 8. All driveways and entry areas shall be graveled. Access to the site from the nearest, existing roadway must comply with Lyon County Road Department and the local Fire Department requirements 9. The facility shall not be occupied for any residential use 10. 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 shall be met prior to the applicant commencing use of the site 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 Comm. Fierro seconded and the motion passed unanimously 4-0. 27. THE OUTDOOR TOY STORE/ V&T MANAGEMENT, LLC SPECIAL USE PERMIT MODIFICATION Request to modify a special use permit, due to the name change of the permit holder, for the continued use of an existing commercial 62 August 4, 2011
coach for office purposes in conjunction with a recreational vehicle consignment sales yard; located at 5 Affonso Drive, Mound House (APN 16-196-12) PLZ-11-0022 (action may be taken) Planner Paul Esswein presented this item. He stated that the planning commission is recommending approval of this item Based on the following findings: A. The proposed use at the specified location is consistent with the general purpose and intent of the applicable zoning district regulations; B. The proposed use will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and is compatible with and preserves the character and integrity of adjacent development and neighborhoods or includes improvements or modifications either on-site or within the public right-of-way to mitigate development related to adverse impacts such as noise, vibrations, fumes, odors, dust, glare or physical activity; C. The proposed use will not be detrimental to the public health, safety, convenience and welfare; and D. The proposed use will not result in material damage or prejudice to other property in the vicinity. Comm. Fierro made a motion to approve with the 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 comply with all applicable fire and building code requirements. 3. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections. 4. The commercial coach and its installation must meet all applicable State of Nevada Division of Manufactured Housing requirements. 5. The applicant shall comply with the off-street parking regulations and requirements set forth in 10.04.01(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 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. 6. 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. 7. The offices shall not be occupied for residential living purpose. 8. The applicant and any lessees shall procure and maintain a Lyon County business licenses prior to occupying the commercial coaches and premises. 9. 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 shall be met prior to the applicant commencing use of the site. 10. 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. 11. 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. 12. The special use permit is subject to annual review by Lyon County. 63 August 4, 2011
Comm. Keller seconded and the motion passed unanimously 4-0. 28. BEST ENVIRONMENTAL, LLC SPECIAL USE PERMIT MODIFICATION - Request to modify a special use permit, due to the name change of the permit holder, for the continued operation of an existing used oil recycling facility (formerly Clearwater Environmental, LLC); located at 2430 Almond Drive, Silver Springs (APN 15-261-01 & 15-261-02) PLZ-11-0023 (action may be taken) Planner Paul Esswein presented this item. He stated that this modification is required due to a change of ownership. Based on the following findings: A. The proposed use at the specified location is a continuation of a previously approved and operating use through Lyon County s special use permit process B. The proposed use at the specified location is consistent with the general purpose and intent of the applicable zoning district regulations; C. The proposed use will not be detrimental to the use, peaceful enjoyment, economic value, or development of surrounding properties or the general neighborhood; and is compatible with and preserves the character and integrity of adjacent development and neighborhoods or includes improvements or modifications either on-site or within the public right-of0way to mitigate development related to adverse impacts such as noise, vibrations, fumes, odors, dust, glare or physical activity; D. The proposed use will not be detrimental to the public health, safety, convenience and welfare; and E. The proposed use will not result in material damage or prejudice to other property in the vicinity. Comm. Fierro made a motion to approve with the 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 comply with all applicable fire, building, zoning and improvement code requirements. 3. The applicant shall acquire all State, County and special purpose district permits and obtain all necessary public inspections. 4. If outdoor lighting is provided, it shall be comply with the outdoor lighting requirements of Lyon County Code. 5. The applicant shall remove all unused and inoperable machinery and equipment from the property or locate all unused and inoperable machinery and equipment at a central location that is screened from public view by a combination of vegetative screening, fencing and terrain approved by the Planning Director. 6. 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. 7. The applicant shall comply with Lyon County s 1996 drainage guidelines. The property owner shall be responsible for maintenance of all roads, walks and drainage facilities within the development, as well as the storm water detention facilities, if applicable, whether it is onsite or offsite. Lyon County shall have no financial responsibility for maintenance of these facilities. 8. The applicant shall maintain a Lyon County business license for the use while occupying the premises. 9. The Planning Department may require the applicant to make improvements to mitigate noise or other adverse impacts identified after the issuance of the special Use Permit. The applicant shall obtain Planning Department approval of any such improvements, prior to the issuance of any building permits, if necessary, and/or construction. 10. 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 shall be met prior to the applicant commencing use of the site. 64 August 4, 2011
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. Comm. Keller seconded and the motion passed unanimously 4-0. REGULAR AGENDA 29. Discussion and possible action to allow Clerk/Treasurer s office to close at 5:00 p.m. during close of voter registration for elections Clerk and Treasurer Nikki Bryan presented this item. She stated that during previous elections NRS had required her office to stay open from 8-5 and from 7-9 on the last two days of close of voter registration. During the recent legislative session statute was changed to allow, in counties of less that 100,000 population, the clerks office to close at 5:00 p.m. with Board approval. Comm. Fierro made a motion to allow the clerks office to close at 5:00 p.m. during close of voter registration for the upcoming special election. Comm. Keller seconded and the motion passed unanimously 4-0. 30. Discussion and possible action to approve the Proposal by Black Eagle Consulting, Inc. to provide Materials Testing and Special Inspection Services for construction of the Lyon County Justice Complex Jail Project Manager Roger Sedway presented this item. This contract will meet the testing requirements of the city for material inspection, dirt compaction and concrete testing. Mr. Sedway also stated the cost is included in the budget. Comm. Fierro made a motion to approve the contract as presented. Comm. Keller seconded and the motion passed unanimously 4-0. 31. Commissioner Comments Comm. Fierro commented that he participated in a disc golf tournament at the Rolling A and complimented Parks Manager Dan Williss and his staff for the wonderful job they did on the course. 32. Approve Minutes of July 21, 2011 Comm. Fierro made a motion to approve the minutes of July 21, 2011 as presented. Comm. Keller seconded and the motion passed unanimously 4-0. 33. Public participation Tom Parcells of the Historical Society of Dayton Valley spoke of the number of visitors that have visited the area and taken tours of the town. The historical society has located a railcar that was built in 1886 and will be bringing it to the Dayton Depot in September. The car will be used for storage and to broadcast depot activities. The meeting was adjourned. 65 August 4, 2011
LYON COUNTY BOARD OF COMMISSIONERS JOE MORTENSEN, Chairman ATTEST: NIKKI BRYAN, Lyon County Clerk/Treasurer 66 August 4, 2011