Yerington, Nevada March 02, 2006

Transcription

1 March 02, 2006 The Honorable Board of Lyon County Commissioners met this day in regular session with the following present: Chairman Bob Milz, Vice-Chair Phyllis Hunewill, Commissioners Chet Hillyard and Don Tibbals. Absent was Commissioner LeRoy Goodman. Also present: County Manager Donna Kristaponis, Comptroller Josh Foli, District Attorney Leon Aberasturi, Clerk/Treasurer Nikki Bryan and Deputy Clerk Shawna Halverson. 1. Review and adoption of agenda County Manager Donna Kristaponis noted that item 20, a closed session, needed to be heard by 11:15 or 11:30 A.M. because an attorney needed to be in court by 1:00 in the afternoon in Fernley. There was consensus to adopt the agenda as presented. 2. Public participation Tom Blomquist of Silver Springs told the Board about an upcoming event called the Occassional Lyon County Liar s Contest to be held April 1 at the Jeanne Dini Center in Yerington to benefit the Silver Springs Spay and Neuter Project and invited everyone to attend. Eric Obermeyer of the Silver City Advisory Board talked about the rebuilding of the Silver City Community Center. John Hubbell of Stagecoach handed out a document and talked about the closure and repair of Six Mile Canyon Road. Curtis Weir, a member of the Senior Citizens of Yerington or the Older Americans of Lyon County, read remarks about the management of the Yerington Senior Center. David Noble, a new resident of Silver Springs, talked about some concerns with community issues in Silver Springs. Dorothy Hubbell of Stagecoach spoke about a recent meeting about roads and she thanked Commissioners Don Tibbals and Chet Hillyard and Road Manager Gary Fried for their participation and help. Tom Grady, Assemblyman for District 38, gave a status update on the Six Mile Canyon Road issue. Commissioner Chet Hillyard stated Mike Walter had been a very dedicated volunteer in the Yerington Senior Center. He asked that a bereavement note be sent to his family because of his recent death. CONSENT AGENDA 3. Discussion and possible approval of changes on Assessor s tax role due to corrections in assessments and review of tax roll changes 4. Review and possible approval of business license applications a. Rubins, David; Ace Grading and Paving, Inc.; 6015-E S. Virginia #216, Reno, NV; Excavating & Grading Contractor b. Frisby, Alan W. & Christie; Stevens, Blake; Justin-Case, Inc. dba/ A.D. Construction; 1436 West 8040 South, West Jordan, UT; Erection of Prefab Steel Structures c. Relyea, Sher E.; American Discount Warehouse; 41 Jasper Lane, Dayton, NV; Internet Sales of General Merchandise d. Bammer, David G.; Bammer Builders, Inc.; 1420 Industrial Way #2, Gardnerville, NV; General Building Contractor e. Souza, Brian R.; Busted Knuckle Garage; 17 Hwy 95A North, Yerington, NV; Automotive Repair 192 March 02, 2006

2 f. Martiniz, Maria Del Carmen; Carmen s Cleaning; 2470 Wrondel Way #242, Reno, NV; Construction Cleanup g. Clark, Dennis P. & Nancy; Clark Builders, Inc.; 841 Regalia Court, Gardnerville, NV; Construction of Custom Homes h. Lipkowitz, Marc; Bottridge, Shannon L.; Franklin, Brian J.; Custom Sign and Crane, LLC; 2222 Mouton Drive, Carson City, NV; Mfg, Install & Service Signs i. Domenici, Henry L. & Diana D.; D & D Gunsmithing, LLC dba/ D & D Firearms; 70 Mason Road, Yerington, NV; Buying and Selling Guns and Accessories, NO FOOT TRAFFIC j. Hixson, Jeffrey L. & Windy S.; Feliciano, Jasmin A.; Desert Motorsport Paint & Body Shop; Hwy 50 East, Mound House, NV; Collision Repair, Custom Paint and Autobody Work k. Galli, Dennis J.; Dennis J. Galli Maintenance; 356 Wagon Wheel Way, Dayton, NV; Handyman Services by the Hour l. Sasser, Bob; Coble, Frederick C.; Cote, John etal; Dollar Tree Stores, Inc. dba/ Dollar Tree Store # 3159; 6 Pine Cone Road #7, Dayton, NV; Discount Variety Store m. Dauber, Duncan D. & Paula D.; Furry Freighters, Inc.; 40 Blossom Court, Dayton, NV; Transportation of Small Animals & Sales of Animal Crates n. Faulkner, Gale A. & Roberson, Carol J.; G & C Lawn & Small Engines; 540 Sutro Springs Road, Dayton, NV; Service & Repair of Small Engines & Lawn Maintenance o. Haddan, James P.; Haddan Engineering, Inc.; 206 S. Minnesota Street, Carson City, NV; Professional Land & Civil Surveying p. Caldwell, Grace T. & Bartlett, Ray; Independent Power Corporation; 890 E. Patriot Blvd. #C, Reno, NV; Alternative Power Sources, Renewable Energy Systems, Products & Services q. Seiwald, Theresa A.; Integrative Massage Therapies; 140 Douglas Street #2, Dayton, NV; Quality Massage Therapy (Sharing space in Desert Sun Massage) r. Kollar, Edward T.; Kollar Plumbing, Inc.; 1077 East Valley Road, Gardnerville, NV; Plumbing Contractor s. Marlett, Patrick; 101 S. West Street, Yerington, NV; Mobile Truck Repair and Welding t. Moore, Jennifer G.; Moore Bookkeeping; 354 Hwy 339, Yerington, NV; Bookkeeping and Payroll Services-NO FOOT TRAFFIC u. Stafford, Carol & Colby L.; Pacific Rim Mfg.; 6 Brown Drive, Mound House, NV; Shipping Hub (in Howell Precision Building) v. Garrett, John R. & Cate, Michael C.; Pavers Plus, Inc.; 277 Gould Street, Reno, NV; Concrete Place and Finish w. Lynn, Forrest W.; PJL Enterprises; 526 Summer Street, Fernley, NV; Drafting & Detailing for Nevada Licensed Design Professionals x. Gilman, Liliana & Olivas, Christopher A.; Pride Cleaning; 498 Occidental Drive, Dayton, NV; Cleaning Service y. Jacoboni, Ronald A. & Michelle; Ronald L. Jacoboni Plastering; 6-A Linehan Road, Mound House, NV; Change of Officers ONLY! z. Watson, Bret E. & Steuernagel, Jason; Sierra Technology & Consulting, LLC; 9736 S. Virginia St. #C, Reno, NV; Change in Officers, Location and Entity aa. Etter, Boyd A.; Soar Physical Therapy, LLC dba/ Silver Springs Physical Therapy; 3595 Hwy 50 West, Silver Springs, NV; Sport Medicine & Physical Therapy in Lahontan Medical Center bb. Hoffman, Andrew T.; Todd Hoffman Cabinets; 38 Heppner Drive, Mound House, NV; Manufacture Custom Cabinets cc. Gussenhoven, Joyce L.; Unique Land & Homes Realty; 30 Bum Steer Road, Yerington, NV; Real Estate Sales NO FOOT TRAFFIC dd. Demagistris, James C.; Woodworking Specialties; 1044 Mallory Way, Carson City, NV; General Contractor ee. Simmons, Theresa; Yoga By Theresa; Senior Center, Dayton, NV; Yoga Instruction for Parks and Recreation 5. Strike taxes on parcels ($ ) and ($ ), owned by Nevada Rural Housing Authority and exempt per NRS March 02, 2006

3 6. Approval of the final subdivision map for Riverpark Phase 3, Unit 14 excluding title to the property indicated as public roads. At some future date the Board may, by resolution, accept such dedication and accept and open the streets indicated on this map for public use all per NRS Review and accept travel claims as presented by Comptroller Travel claims totaled $4, and registration totaled $7, Review and accept County claims and financial report as presented by Comptroller County claims totaled $4,781, and payroll totaled $1,147, County Manager Donna Kristaponis asked that item 4ee be removed and considered at another time. Comm. Hunewill made a motion to approve the consent agenda omitting 4ee. Comm. Tibbals seconded and the motion passed unanimously 4-0. (Comm. Goodman was absent.) **END OF CONSENT AGENDA** RECESS TO CONVENE AS THE LIQUOR BOARD FOR LYON COUNTY 9. Review and possible approval of temporary liquor license application a. Smith Valley Friends of the Library, Inc.; Annual Corned Beef and Cabbage Dinner and Auction; Smith Valley Community Hall, Wellington, NV; Temporary Liquor Permits for: March 19, 2006 ONLY! Comm. Hunewill made a motion to approve as presented. Comm. Tibbals seconded and the motion passed unanimously 4-0. (Comm. Goodman was absent.) ADJOURN TO RECONVENE AS THE LYON COUNTY BOARD OF COMMISSIONERS 10. Presentation and discussion by Mary Walker, Walker & Associates, and Josh Foli, Lyon County Comptroller on petitions and legislative issues being discussed by the Interim Legislative Committees Mary Walker of Walker & Associates began the presentation by describing the Initiative Petitions being circulated. The first two, the Angle Property Tax Restraint Initiative and the Beers Tax and Spending Control for Nevada, were both related to changing the tax structure. She described them and discussed how they may affect the County. Ms. Walker pointed out particular concerns regarding the Beers Tax and Spending Control for Nevada petition. It is in its third rewrite. Recently, a court agreed with petitioners that the petition being circulated does not represent what the language of the Constitutional amendment actually is so they have to go back and rewrite it. Ms. Walker also stated there were a lot of errors in this proposal. She went on to extensively explain those flaws. It would also make it impossible for governing bodies to accumulate monies to later use to pay cash for projects because they would be required to keep returning the funds to the taxpayers. Lyon County Comptroller Josh Foli referenced a handout he would be distributing and then gave a presentation about what the financial impacts would be on the County if these two petitions were passed. From his perspective the Angle Property Tax Restraint Initiative would be more 194 March 02, 2006

4 restrictive than the current tax cap and a combination of this with the current cap would result in even lower revenue. As for the Beers TASC Initiative, Mr. Foli indicated it was even more problematic. He added to the concerns already stated by Ms. Walker in that the County would be limited to only being able to raise salaries to CPI. This could put the County in the position of losing personnel to other states that do not have these restrictions. This particular initiative could also foster the scenario of I have to spend it to get it. Ms. Walker continued, this time discussing the third Initiative Petition, the Nevada Property Owners Bill of Rights Petition. It came out of a Supreme Court case in which an entity called New London had taken property through redevelopment. What they did was take people s homes so they could build high rise condominiums, making higher taxes for New London and the Supreme Court agreed with the city. That has caused a lot of consternation. The problem with this initiative petition is even though they say it is to address that it is much broader than that. It would affect eminent domain on our roads and some of it is ambiguous. She went on to further detail the ways it could cause problems. Ms. Walker also reported on a number of other issues, including services being considered to address the methamphetamine crisis, water resources, AB489 regarding taxation of real property, lease-purchase concerns, affordable housing, Public Employees Benefits Program issues, longterm care funding, the unfunded mandates issue, State and/or Federal funding of Medicaid, a possible comprehensive health care plan for Nevada, auditing of how cases are being handled in child protective services and juvenile facilities, and review and establishment of regulations to deal with the implementation of AB489 relative to local government finance. She called attention to various potential problems to watch out for. Comm. Milz expressed concern about organizations created by the legislature being within the cap and it causes hardships for the counties. If an organization is created by the legislature it should be out of the cap. He said he hoped Ms. Walker would look into that. Ms. Walker mentioned per Comm. Milz s direction, she had spoken to Ed James and she was able to answer his questions. She went on to recount what they were planning to do with funding and what she had cautioned him about. She also detailed how the funding would work and how it actually should be done in her opinion. Assemblyman Tom Grady said for the most part he agreed with Ms. Walker s presentation and he thought she did a very good job with her explanations. He really questions unfunded mandates and is afraid this issue could increase that problem. He also mentioned he is on a subcommittee for Lake Tahoe/Marlette Lake and somehow the issue of affordable housing got into to that subcommittee. Finally, he said there was another committee he is on which Ms. Walker did not mention, which is the Treasures of Nevada. He reported on what has been going on with it and expressed his opinion this is just another committee which will be trying to get water from this area. Walker Lake being saved is a great goal, but it can t be at the expense of rights upriver. He named two other groups involved in working on that now and he thinks a third group of State Legislators looking at that issue is not needed. As this was an informational item, there was no action taken. (ITEMS 17 & 18 WERE PRESENTED NEXT, DUE TO THEIR BEING TIME SPECIFIC.) 11. Approve a resolution authorizing the County Comptroller to arrange for the sale of Lyon County, Nevada General Obligation (Limited Tax) Sewer Bonds (additionally secured by pledged revenues) in the maximum principal amount of $15,000,000 for the purpose of financing sewer projects (THIS ITEM WAS PRESENTED AFTER ITEM 16.) Comptroller Josh Foli presented this item. He basically explained what it was for and how it would affect the debt service. There was some general discussion and he answered assorted questions. His recommendation was for approval. 195 March 02, 2006

5 Comm. Milz had questions whether any of the developers have given water rights to the County for the project yet. Mike Workman, Lyon County Utilities Director, answered his various queries on that topic. During further discussion, Mr. Workman expressed confidence in Mr. Foli s understanding and familiarity with the related financial matters. Mr. Workman generally felt comfortable with the status of the project. Possible necessary rate increases were also mentioned. Comm. Milz said he would entertain a motion, but Mr. Foli said before doing that he wanted to make a point. They needed to do this with a supermajority, so everyone present would have to vote in favor of it or it would have to come back. He was hoping to avoid that scenario. Comm. Tibbals made a motion to approve as presented. Comm. Hunewill seconded and the motion passed unanimously 4-0. (Comm. Goodman was absent.) 12. Renewal of agreement and approval of engineering amendment #1 between PBS&J and Lyon County for engineering services for the Silver Springs Airport Jim Clague with PBS&J presented this item. He explained the reason for the request for an amendment to the existing contract for engineering services was so design services could be provided for some additional work that has been requested at the airport. The specific projects would be to install two fuel tanks and a fire suppression water line. He discussed various details related to those improvements. He also requested an additional, approximately, 180 days, such that the contract would expire on June 30, He felt that would be more than adequate time to accomplish what they need to do. Mr. Clague answered some questions relative to various aspects of the projects. Mr. Foli recommended if the Board were to approve this, they make it contingent upon receiving FAA approval of the amendment; then they would have a match from the state from the aviation fund. Comm. Hillyard made a motion to approve as presented contingent upon whether the FAA grant comes through. Comm. Tibbals seconded and the motion passed unanimously 4-0. (Comm. Goodman was absent.) 13. Discussion and possible award of bid for the Silver Springs Library parking lot Buildings and Facilities Manager Jack Mosby presented this item and explained that the bids were considerably higher than originally projected. The only reason he could think of that would account for it was because the cost of materials, since the catastrophic hurricanes, has gone through the ceiling. Comm. Milz wanted to know if Mr. Mosby had asked RTC to finance this. Mr. Mosby said they don t do parking lots. Comm. Milz asserted it is within their jurisdiction according to NRS. Mr. Mosby said he was unaware of that. Comm. Hunewill wanted to know where the $60,000 is coming from and where the additional $30,000 plus would be coming from. Josh Foli, Lyon County Comptroller, responded the $60,000 was already budgeted from the library and capital outlay in the General Fund and the additional approximately $40,000 would need to come from Contingency. County Manager Donna Kristaponis stated she has directed staff to look at other options for this parking lot because the bids are so high. She discussed some of the alternate ideas. Mr. Mosby added he went to the contractors and even taking the paving out, the price would still be at $77,000. He, too, thought it would be a good idea to look at other alternatives. One idea he had was to talk to Gary Fried because maybe the County could grade and slope it themselves and then put compacted material on it. That way they could go out to bid for just the paving instead of the dirt work as well. 196 March 02, 2006

6 Comm. Hillyard commented he visits that area 3-4 times a week and so far he has never noticed more than about 3 cars around the library, so he didn t think it justifies spending that much money for asphalt unless the ballpark needs it. Comm. Hillyard made a motion to reject all bids and to direct staff to come back with a better solution. Comm. Hunewill seconded and the motion passed unanimously 4-0. (Comm. Goodman was absent.) 14. Appoint two replacement members to the Central Lyon County Parks and Recreation Board with terms expiring December 31, 2007 Comm. Tibbals made a motion to appoint Maggie Hutson and Bob Elston to the Central Lyon County Parks and Recreation Board for terms ending December 31, Comm. Hunewill seconded the motion and it passed unanimously 4-0. (Comm. Goodman was absent.) 15. Approve change order in the amount of $50,745 for overhead sprinkler system in the Silver Springs Senior Center County Manager Donna Kristaponis presented this item. She particularly wanted to point out two things: First, the code does not require the building to be sprinklered, although it is very close to the size limit where it would. Second, if they do not do the system, there are some water pressure and hydrant issues that would need to be addressed and they do not have the costs on those. She thought it should be kept in mind sprinklers might have saved the Silver City building. She added another consideration: if they ever expand the building they would need to retrofit the building for a sprinkler system anyway. She recommended approval of the change order for the system. Comm. Hillyard made a motion to approve as presented not to exceed $50,745. Comm. Hunewill seconded and the motion passed unanimously 4-0. (Comm. Goodman was absent.) 16. Discussion and possible action directing staff to begin process for Lyon County to accept the Crystal Clear Water Company (THIS ITEM WAS PRESENTED AFTER THE ITEM 20 CLOSED SESSION.) Donna Kristaponis, Lyon County Manager, presented this item. She stated there were major concerns about the Crystal Clear Water Company not continuing to exist in its current format as the owners are interested in divesting themselves from it. She indicated taking over an existing water company could be very trying and difficult. She had been pretty clear with the PUC that the County would not enter into it lightly. She has been impressed with how the PUC and Rick Hackman have been handling this so far. She described some of what has been going on and mentioned the requirements that have been placed upon the Crystal Clear Water Company regarding arsenic removal and system maintenance. As private owners, they are not eligible for grant funding or low interest loans. Ms. Kristaponis said she had been to various meetings with the PUC staff, residents, and owners of the system. At the last one she had been very clear that taking over this water system would not be the good deal for the County some people thought it would be and the County would not be eager to do it. Further, she let the residents know this is not a tax issue and there would not be money coming from other places in the County to support what in essence is their problem. They would have to pay for it. She suggested if they were serious about the County taking it over they should write letters. She indicated a lot of letters had indeed come in and were included in the Commissioners packets. More had come in this morning. She did not know if they represented all of the property owners, but they certainly represented quite a few of them. The letters generally say they have looked at the available options which have been presented to them by the PUC group and they understand the County taking over the system would be the most economical way for them to go. Comm. Hunewill noticed from one of the PUC s presentations if the County were to take over the system the residents rates may increase from $76 to $95 per month. She wanted to know where those figures came from. Ms. Kristaponis responded her understanding was that those were PUC figures but they might go much higher because they were from before Hurricane Katrina and the cost of materials has gone up dramatically since then. 197 March 02, 2006

7 Ms. Kristaponis expressed strong reservations about taking this on, but since the residents are expressing the understanding and willingness to pay for everything, for the sake of good public policy and stewardship the County really needs to take a very close look at it. Rick Hackman, Manager of the Public Utility Commission s Consumer Division, added his comments. He felt everything Ms. Kristaponis had just told the Board was accurate. From their perspective, the Crystal Clear Water Company is at a critical juncture. He went on to share details about the size and history of the company, including information about what the present owners experience had been with the company which led them to this point of wanting to get out of the water business. He listed many deficiencies with the system. The estimated cost to take care of everything would between $1.1 million and $1.75 million; however, this amount could change a lot because of escalating costs on materials and so forth. He went on to explain three possible things which could take place: the present owners could sell the company or it could go into receivership or the County could take it over. He noted the responsibilities for fixing the system would be passed on to whoever would become the owner. If the County were to take over the system, as much as 60% to 85% of it could be paid for through grants, but private owners would not qualify for this funding. That is why it would cost the residents significantly less if the County took the system over; they would probably be looking at between $55 and $95 per month, as opposed to around $150 per month if the company were under private ownership. There was further discussion between the Commissioners and Mr. Hackman in which they examined the situation in more detail. One of the things Comm. Milz wanted to know was whether the County would get the water rights if they were to take over the system, and Mr. Hackman indicated they would. (It was determined to be 144 acre feet.) Virgil Arellano, one of the affected residents, expressed how they are between a rock and a hard place. He urged the County to seriously look at taking over the water system. One thing he did point out was he used to be in favor of putting in the elevated water tank, but since then he has done some research and favors other options involving enhancing and maintaining the present tank over time and perhaps using an auxiliary tank. Ralph Wasley, an another affected resident, mostly mirrored what Mr. Arellano had just said. He added with another private owner they would have more of the same problems they have now. Sometimes in the summer they have had no water. They realize there will be an increase, but he urged the County to take it over and run it right. Chairman Milz asked for a show of hands as to who was in favor of the County taking over the water company. Many hands went up. He then asked for a show of hands as to who was against the County taking it over. No hands were raised. Diane Brant, one of the current owners of Crystal Clear Water Company, told her side of the story. She stated they want to do what is best for their customers. They did receive two offers to buy it in the past week. One of the buyers wanted to buy it and give it to the County if the County would take it; he was more interested in getting water lines in and things done in a hurry. She wanted it on the record it is not a matter of the money; they want to do what is best for the community and they are a part of that community. She did point out, though, the PUC said her Company is worth only about $13,000, yet water rights are very expensive right now, and there are 144 acre feet. She went on to explain more details about the situation, including how the company could eventually support itself down the road if it were privately owned. She wanted it on the record there are other options. She felt it was pretty much out of her and her husband s hands; it is whatever the Board, the PUC, and the customers decide. If somebody does step forward with the cash, she will accept the offer; the bottom line is she wants out. Comm. Tibbals asked the PUC if the County takes it over and if they get a waiver for the arsenic, how long it would be good for. After quite a bit of discussion, the answer was they think the County would probably be given about 3 years to fix it, until At the invitation of Comm. Milz, Mike Workman, Lyon County Utilities Director, contributed his thoughts on the matter. His first response was he didn t know what to say. He takes 198 March 02, 2006

8 seriously providing quality service to customers, and this situation scares him. On the other hand, it sounds real fun, too because these are customers that deserve the best service possible. It is a fairly straightforward system. He thinks once the improvements are made, modernized and maintained, most of the customers out there would be satisfied. He is very concerned about the transition period; how would they possibly be able to serve those customers being an hour and 15 minutes away when emergency callouts and that type of thing happen, but anything is possible. There was some further discussion with Mr. Workman regarding some possible options and details. Comm. Hunewill clearly stated if the County does decide to do this and take it over, the people in the room need to understand they will have to pay for whatever is done. If that is an agreement, it helps her to make a decision. Comm. Tibbals made a motion that the County direct staff to begin the process to take over the water system. Comm. Hunewill seconded the motion. Leon Aberasturi, Lyon County District Attorney, clarified that this motion was not that the water company would definitely be taken over; rather, it was directing staff to look into it. Comm. Milz added they would begin the dialog and the process and come back with a recommendation. The vote was called for and it passed unanimously, 4-0. (Comm. Goodman was absent.) (AT THIS POINT, THEY HAD THE OPPORTUNITY TO GO BACK TO ITEM 11.) PUBLIC HEARING ON PLANNING APPLICATIONS TIME SPECIFIC 10:00 A.M. 17. REYNEN AND BARDIS (COPPER CANYON) - TENTATIVE SUBDIVISION MAP EXTENSION OF TIME The applicant has filed for a one year extension of time on their Tentative Subdivision Map for a proposed 687 lots on approximately total acres; located off of Highway 50, Mark Twain area (APN , 32, 33 & 34) Planner Joan Johnson presented this item. She explained it was a standard request for a tentative subdivision map extension of time because their final design criteria improvement plans and NDOT requirements with access are being worked out. It is fairly straightforward and simple. Comm. Tibbals made a motion to approve the extension of time. Comm. Hillyard seconded and the motion passed unanimously 4-0. (Comm. Goodman was absent.) 18. GOLD CANYON DEVELOPMENT, LLC / ABRISHAMI, ELIAS MASTER PLAN AMENDMENT The applicants have filed to amend the master plan designation from Low Density Residential to Commercial on approximately total acres; located off of Highway 50, Stagecoach (APN ) Planner Joan Johnson presented this item and described some details of the proposal. Dennis Smith, of Western Engineering and representing the applicant, presented a map of the project. He pointed out and described what they wanted to do and the reasons why. Comm. Milz asked whether the town board had an opportunity to hear this. Mr. Smith responded they had; however, they felt there was not enough information. He had not been able to attend last night as he had to go to DRAC, so he did not know if they heard it again or not. Comm. Tibbals made a motion to approve the application as presented. Comm. Hillyard seconded the motion and it passed unanimously 4-0. (Comm. Goodman was absent.) (ITEM 20 CLOSED SESSION WAS DONE NEXT DUE TO THE TIME CONSTRAINTS WITH THE AVAILABILITY OF SOME OF THE PEOPLE INVOLVED.) 199 March 02, 2006

9 19. Discussion only on the 2006/2007 budget process as to procedure and possible recommendations by commissioners requested by Bob Milz Comm. Milz explained why he requested this be put on the agenda is so Commissioners would have a say in the process and if they have any questions or recommendations now would be the time. Donna Kristaponis, County Manager, gave an overview. She anticipates having a budget proposal delivered to the homes of the Commissioners the first of next week so they would have it approximately 10 days in advance to go over. There will be a lot of written explanations included. The schedule for the budget meetings was discussed. Wednesday, March 15 is planned to be set aside for the purpose of working on the budget. Also, a portion of the budget could be worked on at the regular Thursday meeting on March 16. In case it was needed as well, Friday, March 17 was set aside; however, there is a jail tour on that day. Comm. Hillyard observed he has been around a long time and invariably after the budget is set some come in and say oh, I forgot He expressed the desire to make sure they cannot come in to the budget and claim they forgot. Ms. Kristaponis replied she didn t think they could ever preclude people from coming in and saying that, but she went on to describe some measures they were taking that would hopefully minimize that problem. There was some general discussion regarding things that had been encountered with the previous year s budget. Comm. Hunewill indicated in the past more than one day has been scheduled, but it looks like that s all that is being dedicated to it this year. She wanted to make sure elected officials would have ample opportunity to go over those figures together and to discuss them. Mr. Foli suggested if they have other commitments on the Friday they could handle any remaining budget business the following week. Ms. Kristaponis gave assurance there will be an effort to keep the regular agenda light for the Thursday, March 16 meeting, so as to provide time for working on the budget then as well. Mr. Foli called the Board s attention to the fact he will need enough people present on the third Monday in April to sign the budget. He also said if the Board could contact him by April 2 with any changes to the budget they might need he could take care of it. He encouraged them to let him know if they have any questions when they are going through the book; he would be happy to do anything he could to make the process as easy on them as possible. No action was taken, as this item was just for discussion. 20. CLOSED SESSION (per NRS ) Lawsuit regarding denial of a special use permit to operate a wrecking yard on approximately 40 total acres off of Speedway Drive, Fernley (APN & ) (THIS CLOSED SESSION WAS HELD AFTER ITEM 18 DUE TO THE TIME CONSTRAINTS WITH THE AVAILABILITY OF SOME OF THE PEOPLE INVOLVED.) The Board went into closed session. No action was taken. (AS MANY OF THE PERSONS PRESENT WERE THERE FOR THE DISCUSSION ABOUT THE SITUATION WITH CRYSTAL CLEAR WATER COMPANY, ITEM 16 WAS PRESENTED NEXT.) 21. CLOSED SESSION (per NRS ) regarding Walker River Settlement negotiation There was no closed session. 22. CLOSED SESSION (per NRS ) regarding Advanced Specialty Gases 200 March 02, 2006

10 There was no closed session. 23. Commissioner comments Comm. Tibbals talked about requesting 1200 acres from BLM in the Wabuska area for the purpose of putting in some dairies. Comm. Hillyard mentioned he had been trying to calm Silver Springs people down because they don t understand why the Board was approving the big project. Also, with the PUD they don t understand they have to accept that growth is inevitable. Comm. Hunewill reported that the Smith Valley Luncheoneers are starting their survey for senior services within Smith Valley. She also told about a Mason Valley economic development type meeting that took place the previous evening in Yerington. Also a resolution needs to be passed at the next Board meeting so the application for Question 1 monies can be sent in. Comm. Hunewill additionally initiated a discussion about the current status of a Mound House project that at one time had been proposed to the Western Nevada Development District. One point she wanted to make was if their project was ready it may be able to move up in the sequence for possible funding. Comm. Milz indicated he understands some folks in Stagecoach are having problems with dirt roads. They are asking for the County to come in on private dirt roads and bring them up to snuff after the flood. He did some research and there is a statute, NRS , which is a guideline as to how the County equipment can/cannot be used. He said he gave that information to Mr. Fried. Comm. Milz also spoke about the landscaping needed on Dayton Valley Road and referenced NRS 244A.333 which sets up a street beautification project. It gives general powers to the Board of County Commissioners to set up an assessment for the purpose. Ms. Kristaponis reported on what is in the works with the landscaping and explained how a GID would work better for their purposes. She indicated it would come before the Board fairly soon. Comm. Milz also asked about using a transportation district as referenced in NRS 244A.252 as opposed to using a GID for road maintenance. District Attorney Leon Aberasturi explained how the GID would be the best solution. Comm. Milz expressed understanding for the immense frustration the folks in Silver City are having because of the problems with the insurance company relative to rebuilding their Community Center. He thought it would be a good idea for the County to just pay for it in order to move it forward and then collect from the insurance company later. Discussion ensued in which multiple concerns were raised, including doing it that way the County might not have funds available. A special concern was it might be extremely difficult to try to recover payment from the insurance company afterwards. More details about what was going on with the situation in general were covered. Since they are frustrated and fed up with the insurance company to a pronounced degree, the County may try to exert pressure to get the insurance company to cooperate through assistance from NACO. Comm. Milz expressed thorough disgust with the pool insurance. 24. County Manager comments County Manager Donna Kristaponis wanted to know when the Board would be available for a rate hearing in Dayton in late April. She suggested it be scheduled to start at 6:00 or 6:30 in the evening. Ms. Kristaponis also encouraged as many board members as possible to visit WNRYC (Western Nevada Regional Youth Center). Even if they have been before, time has passed and things have changed. Ms. Kristaponis indicated advisory council training was held recently. She said she received comments on how Mr. Aberasturi took a dry subject and made it interesting. She plans to put 201 March 02, 2006

11 together a list for the Commissioners so they could see who attended and who didn t. She mentioned a draft of a handbook and so far they are getting positive feedback on that. Ms. Kristaponis highly complimented Maureen Williss, who she said spearheaded it and did a good job with that document. Ms. Williss has also agreed to assume the liaison function relative to administering funding for the various boards which has been placed in the County Manager s budget. This would facilitate much more consistent answers to inquiries and help things work much better. Ms. Kristaponis expressed confidence Ms. Williss would handle that very well. Ms. Kristaponis went on to introduce the new County Engineer, Dick Faber. She explained some about what he would be doing. Ms. Kristaponis also reported on a meeting of the regional county managers and Mary Walker regarding financial issues and various other matters. She invited Commissioners to talk to her regarding suggestions they might have for changes in legislation. 25. Elected Official s report There were no reports. 26. Appointed Official s report There were no reports. 27. Advisory Board reports There were no reports. 28. Approve Minutes Comm. Hunewill made a motion to approve the minutes of January 19, Comm. Tibbals seconded the motion and it passed unanimously 4-0. (Comm. Goodman was absent.) The meeting was adjourned. BOARD OF LYON COUNTY COMMISSIONERS BOB MILZ Chairman ATTEST: NIKKI BRYAN Lyon County Clerk/Treasurer 202 March 02, 2006