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Yerington_ Nevada November 2_ 2006 Book AZ Yerington_ Nevada

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					                                                                             Yerington, Nevada
                                                                             November 2, 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 Don
Tibbals and LeRoy Goodman. Commissioner Chet Hillyard was absent. Also present: County
Manager Donna Kristaponis, District Attorney Leon Aberasturi, Clerk/Treasurer Nikki Bryan
and Deputy Clerk Joanne Sarkisian.

1.       Review and adoption of agenda

There was a consensus to approve the agenda as presented.

2.   Appointed Official’s reports

Road Manager Gary Fried distributed a report on the work completed and the number of hours
spent on roads within northern and southern Lyon County. Mr. Fried then gave brief details of a
meeting that took place with the Superintendent, General Manager and Estimator of
Intermountain Slurry Seal. He stated that the company will be correcting some problems with the
chip sealing in Mason Valley.

Emergency Manager Jeff Page distributed an overview and gave a brief summary of the projects
his department completed in the month of October. He then spoke of his future plans for the
department.

Liaison to the Town Advisory Boards Maureen Williss reported that she and District Attorney
Leon Aberasturi attended the last Dayton Regional Advisory Council meeting where she
distributed a redistricting map and asked for suggestions. DRAC members would like the Board
of Commissioners to begin advertising for new members with selection taking place after the
redistricting. She then distributed a sample application that the DRAC members would like to see
used in the selection process as opposed to a letter of intent.

Human Services Director Edrie LaVoie mentioned that the Silver Springs Senior Center will be
ready for occupancy by the end of November and that the Fernley office space will be ready for
occupancy in mid November. Ms. LaVoie then mentioned that the Human Services recreation
program has partnered with the City of Fernley. She then reminded the Board of the upcoming
community meetings on poverty and addiction.

3.   Elected officials comments

There were no elected officials comments.

4.   Advisory Board reports

There were no advisory board reports

5.   County Manager report

County Manager Donna Kristaponis stated that POOL/PACT has appointed attorneys to
represent the County in a lawsuit filed by Bradshaw Properties concerning water rights along
Dayton Valley Road. A meeting took place last week in which a resolution was reached and the
lawsuit will be dropped.

Ms. Kristaponis spoke of a proposal by the State Park System and a possible trade of park land.
The state would be willing to take over a portion of the Santa Maria Park, including the
maintenance, in exchange for a northern portion of Dayton State Park. Ms. Kristaponis feels this
would be beneficial to Lyon County.

Ms. Kristaponis has been participating in a group of lobbyist-type City and County Managers.
She then distributed a list of bill draft requests from the League of Cities. She also mentioned
that the meeting with Senator Raggio, Commissioner Goodman, Mary Walker, Linda Ritter and
Dan Holler to discuss proposed legislature has been rescheduled to next week.




Book AZ                                                                     Yerington, Nevada
98                                                                          November 2, 2006
Ms Kristaponis also spoke of safety along the Highway 50 corridor. Staff will be collecting data
regarding traffic accidents. She then mentioned that the Board may wish to draft a resolution or
write a letter to NDOT with a suggested speed limit.

Ms Kristaponis then informed the Board that 5 Lyon County businesses were recognized at the
Governor’s Industry Appreciation Awards Dinner. The recognized businesses were Ikeman
Industries of Mound House, Sierra Stainless of Mound House, AES of Mason Valley, Sherwin
Williams of Fernley and Accupark International of Mound House.

6.   Commissioner comments

Comm. Goodman mentioned the progress of the USA Parkway. The bid has been awarded and
construction is anticipated to begin at the beginning of the year. The bid for Hwy 50A
improvements between the Churchill County line and Fernley is being awarded next Thursday.

Comm. Hunewill asked County Engineer Dick Faber about the bid process for the proposed
modular buildings in Silver Springs. Mr. Faber responded that he is working on removing the
interior lot line to create one parcel. The lot is also being surveyed so that placement of the
buildings can be determined.

Comm. Tibbals reported that in the Mason Valley there are new agricultural crops being
produced. This will be economically beneficial for the entire valley.

Comm. Milz mentioned that there are some problems in Silver City with drug use and there has
been action taken.

7.   Public participation

There was no public participation.

                                 **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

Secured property factual corrections totaled $4,377.00 and unsecured property factual
corrections totaled $331.93.

9.   Review and possible approval of business license applications
a.     Baker, Barbara A.; A to Z Sewing; 10 Jeanette Drive, Mound House, NV; Change of
       Business Name ONLY!
b.     Buchanan Sr., Bob D.; B & B Cycle; 16-A Jones Road, Mound House, NV; Motorcycle
       Repair, Parts & Accessory Sales
c.     Ramsden, P.W.; Park, William A.; Whitfield, Steven H.; Central Sierra Construction,
      Inc.; 2561 Business Pkwy, #F, Minden, NV; Change of Address and Officers ONLY!
d.     Carlson, Paul J. ; Comstock Electrical, LLC; 405 Feldspar Circle, Mound House, NV;
       Electrical Contractor
e.     Church, Timothy J.; Custom Elegance Hardwood Floors; 806 River Knolls Court,
       Dayton, NV; Change of Address ONLY!
f.     Eaton, Chad E. ; Down 2 Earth Landscaping, Ltd.; 5200 Silver Sage Drive, Carson City,
      NV; Landscaping Contractor
g.     Draper, Scott; Draper Landscape; 12 Maple Drive, Yerington, NV; Change of Address
       ONLY!
h.     Edwards, K. Anthony; E & A Behavioral and Mental Health Services, Inc.; 10116 Hwy
       50 East #101, Mound House, NV; Psychologist
i.     Wood, Joshua T. ; Fully Cleansed Carpet Cleaning; 11 St. Andrews Drive, Yerington,
      NV; Residential & Commercial Carpet Cleaning
j.     Ulrych, Mike; North Valley Investments, LLC dba/ Gospel Art; 1453 Riverpark Parkway,

Book AZ                                                                  Yerington, Nevada
99                                                                       November 2, 2006
      Dayton, NV; Christian Graphics Website
k.    Staten, Jack F. ; Helical Wire, inc.; 26 Cash Drive, Mound House, NV; Manufacture
      Helical Screw Thread Inserts
l.    Henry, Larry; 5030 Abilene Drive, Stagecoach, NV; Handyman Services
m.    Daly-Seiwald, Theresa A.; Integrative Massage Therapies; 140 Douglas Street, Dayton,
      NV; Change of Last Name ONLY!
n.    Blare, James A. ; 3030 E. 8th Street, Silver Springs, NV; Tractor Services by the Hour
o.    Glen, John; John Glen & Associates; 2450 Hwy 50 East #201, Dayton, NV; Substance
      Abuse Counseling (Sharing office space with Gina Crooks)
p.    Landa, Roberto; Landa’s Landscaping/Landa’s Concrete; 85 N. Edison Way, #4, Reno,
      NV; Landscaping and Concrete Contractor
q.    Kluck, Lacey; Little Blessings; 709 Red Jacket Drive, Dayton, NV; Removal of Adrienne
      Sheppard’s Name from License ONLY!
r.    Manconi, Nadine; Nadine’s Gems Leather Lady; 3055 Citrus Street, Silver Springs, NV;
      Change of her Last Name and Removal of her Husband’s Name, due to death.
s.    McKinnon, Leonard L. ; McKinnon Painting, LLC; 328 Riviera Court, Dayton, NV;
      Residential Painting Contractor
t.    Dillon, Rhonda C. ; Oasis Massage Therapy Day Spa; 10198 Hwy 50 East #A, Carson
      City, NV; Therapeutic Massage
u.    Wood, Jocelyn M. ; Oasis Skin Therapy; 10198 Hwy 50 East #A, Mound House, NV;
      Skin Therapy (sharing office space with Oasis Massage)
v.    Sater, Harry O. ; 327 ‘A’ Street, Carson City, NV; Independent Realtor for Help-U-Sell
w.    Lockett, Daniel E.; Sierra Arms International; 18 Grandview Lane, Wellington, NV;
      Name Change from Patriot Arms ONLY!
x.    Basagoitia, Jackie; Sierra Nevada Plumbing; 1589 Mono Avenue, Minden, NV;
      Plumbing Contractor
y.    Dalton, Clyde E. ; Stairsteps & More, Inc.; 48 Miles Road, Mound House, NV; Business
      Name Change ONLY from Clyde E. Dalton, LLC
z.    Liao, Meilen; Sutro Square; 655 Hwy 50 East, Dayton, NV; Change of Last Name and
      Mailing Address ONLY!
aa.   Thompson, Cecil E. ; Thompson Real Estate; 5050 White Oak Street, Silver Springs,
      NV; Change of Business Name ONLY from Western Commodity Investments, LLC

10. Approve annual grant from Division for Aging Services in the amount of $16,096.00,
    grant # 11-001-45-EX-07 for caregiver supportive services

11. Approve annual grant from Division for Aging Services in the amount of $19,594.00,
    grant #11-001-13-LX-07 for information assistance and advocacy

12. Approve HOME grant agreement on behalf of the Western Nevada HOME
    Consortium (Lyon County as lead agency) from the Nevada Housing Division to fund
    HOME projects in the amount of $150,855. Matching funds are not required

13. Approve Low-Income Housing Trust Fund grant agreement on behalf of the Western
    Nevada HOME Consortium (Lyon County as lead agency) from the Nevada Housing
    Division in the amount of $629,501. Matching funds are not required

14. Review and accept travel claims as presented by Comptroller

Travel claims totaled $4,448.39 and registrations totaled $5,301.77.

15. Review and accept County claims and financial report as presented by Comptroller

County claims totaled $2,334,463.44 and payroll totaled $979,737.75.


Book AZ                                                                Yerington, Nevada
100                                                                    November 2, 2006
Comm. Hunewill made a motion to approve the consent agenda as presented. Comm. Tibbals
seconded and the motion passed unanimously 4-0.

                           **END OF CONSENT AGENDA**

16.     Approve the cooperative stewardship agreement, including amendment #1,
        between Nevada Department of Transportation and Lyon County for the purchase
        of property (Dayton Depot)

County Manager Donna Kristaponis presented this item. Comm. Hunewill had questions about
when the funding will be available and who will be responsible for the maintenance. Ms
Kristaponis responded that the funds will be forthcoming when the state receives their
appropriations.

Comm. Hunewill made a motion to approve as presented. Comm. Goodman seconded and the
motion passed unanimously 4-0.

17.     Approve agreement between Resource Concepts, Inc., and Lyon County for the
        Wilson Canyon Trails project

County Manager Donna Kristaponis presented this item. She gave the details of the project and
mentioned that this agreement will be for the process of the National Environmental Protection
Act investigation.

Comm. Hunewill made a motion to approve as presented. Comm. Comm. Tibbals seconded and
the motion passed unanimously 4-0.

18.     Discussion and possible action to accept donations and provide matching funds
        from the park tax for purchase and erection of playground equipment for “Our
        Park” in Dayton

County Engineer Dick Faber presented this item. He commended the Do More Group, the Parks
Group and the Hair Studio Fund of Dayton for raising $10,002.13 toward the purchase of
playground equipment. He then asked the Board to match the funds from the park tax monies.

Comm. Hunewill made a motion to approve as presented. Comm. Goodman seconded and the
motion passed unanimously 4-0.

19.     Appoint Melinda Cash to the Central Lyon County Parks Board with a term
        expiring December 31, 2008

Comm. Goodman made a motion to approve as presented. Comm. Tibbals seconded and the
motion passed unanimously 4-0.

               PUBLIC HEARING ON PLANNING APPLICATIONS

      **CONSENT AGENDA FOR SPECIAL USE PERMIT REVOCATIONS**

20.     HARRIS, GEORGE / WALDIE, DAVID - Special use permit issued May 2003 to
        allow 10 dogs on 4.83 acres; located at 4590 W. Quince Avenue, Silver Springs (APN
        18-473-10) Revoke at the applicant’s request as the special use permit is no longer
        needed.

21.     PIPER, RICHARD F. & DIANNIA - Special use permit issued June 1992 for a
        mobile home for watchman’s quarters on approximately .62 acres, located at 1195
        Ranchito Drive, Silver Springs (APN 18-163-03) Revoke at the applicant’s request as
        the business and property has been sold.

22.     REED, BERT & MARTHA - Special use permit issued August 2001 to utilize an
        additional mobile home for a hardship case on approximately 4.77 acres; located at


Book AZ                                                                Yerington, Nevada
101                                                                    November 2, 2006
      1665 East 5th Street, Silver Springs (APN 17-281-06) Revoke at the applicant’s
      request as the mobile home has been removed from the property.

23.   WATCHERS, ALBERT - Special use permit issued May 1999 to utilize a mobile
      home for watchman’s quarters on approximately 2.23 acres; located at 30 Kit Kat Drive,
      Mound House (APN 19-071-06) Revoke as the property has been sold.

24.   PARAGON ASSOCIATES, INC / V&T MANAGEMENT - Special use permit
      issued April 2001 to operate an asphalt batch plant, concrete batch plant and an
      aggregate material storage facility on approximately 8.63 acres; located off of Thunder
      Road and Industrial Parkway, Mound House (APN 16-411-17) Revoke at the
      applicant’s request as the special use permit is no longer needed.

25.   JONES, JIM P. & ALICE N. - Special use permit issued July 2001 to utilize a mobile
      home for owner/watchman’s quarters on approximately 1 acre; located at 62 Affonso
      Drive, Mound House (APN 16-194-01) Revoke as the property has been sold and the
      business is closed.

26.   CANYON CREEK CONST / V&T MANAGEMENT, LLC - Special use permit
      issued July 2004 to utilize a mobile home for watchman's quarters in conjunction with
      their asphalt, concrete batch plant, sand, and gravel pit on approximately 173 acres,
      located at 95 Industrial Parkway, Mound House (APN 16-411-06) Revoke at the
      applicant’s request as the special use permit is no longer needed.

27.   NEVADA CIRCUITS / KAZARIAN, SARKIS J. & KARIN J., LLC. - Special use
      permit issued March 2005 to manufacture printed circuit boards on approximately 1.00
      total acre; all located at 21 Cash Drive, Mound House (APN 16-185-14) Revoke for
      non-compliance.

28.   DAYTON VALLEY ENTERPRISES - Special use permit issued August 1993 to
      utilize a mobile home for temporary housing for ranch help on approximately 24.32
      total acres; located at 11495 highway 50, stagecoach (APN 15-371-08) Revoke as the
      property has been sold.

29.   GABREE, LONA / DUPREE, CHARLES - Special use permit issued July 2004 for
      residential industry to manufacture soaps and creams at a residence on approximately
      4.25 acres; located at 7095 Iron Mountain Blvd, Stagecoach (APN 15-324-12) Revoke
      as the business is closed.

30.   PIERCE, MAXINE / MC LEOD, BILLIE L. - Special use permit issued July 1997 to
      place an additional mobile home on the property for a hardship on approximately 2.15
      acres; located at 861 Branstetter Avenue, Mark Twain (APN 19-287-07) Revoke as the
      property has been sold.

31.   EPPS, PAUL E. - Special use permit issued May 1998 to operate existing mini storage
      units (Mark Twain Mini Storage) as well as future development on approximately 2.73
      total acres; located at 4962 Highway 50 East, Mark Twain area (APN 16-041-07)
      Revoke as the property has been sold.

32.   MOREHOUSE, JAMES E. JR. TR. - Special use permit issued July 2004 to operate
      existing mini-storage units (Mark Twain Storage) with the possibility of future
      development on approximately 2.73 acres; located at 4962 Highway 50 East, Mark
      Twain (APN 16-041-07) Revoke as the property has been sold.

33.   SIERRA SIGNATURE HOMES - Special use permit issued July 2005 to allow a
      commercial coach to be used as a temporary sales office; located on lot 73 of Santa
      Maria Ranch, Dayton (APN 29-352-07) Revoke for non-compliance.

34.   SANTA LUCIA PARTNERS / WEAVER PROPERTIES, INC. / VERDUGO,
      JUAN - Special use permit issued July 1997 to utilize a mobile home for ranch help on
      approximately 239.02 acres; located at 754 Highway 208, Mason Valley (APN 12-311-
      02) Revoke as the property has been sold.

Book AZ                                                               Yerington, Nevada
102                                                                   November 2, 2006
Comm. Hunewill made a motion to approve the special use permit revocation consent agenda as
presented. Comm. Tibbals seconded and the motion passed unanimously 4-0.

      **END OF SPECIAL USE PERMIT REVOCATION CONSENT AGENDA**

          **CONSENT AGENDA FOR PLANNING APPLICATIONS**

35.   SELMA TREATING OF NEVADA, INC. / NEVADA WOOD PRESERVING –
        AMENDMENT OF APPROVAL CONDITION – The applicants have filed to amend
        the original, special use permit condition approval #5, to change the fence height
        requirement from 8 feet to 7 feet, on approximately 84.91 total acres; located off of
        Toiyabe and Spruce Streets, Silver Springs (APN’s 18-430-01 through 12 and 18-430-
        15 through 18). The condition will now read as follows:

A security fence totaling 6 feet in height topped with barbed wire for a total height of
approximately 7 feet.

36. TRADITIONS, VILLAGE ONE / LANDMARK COMMUNITIES – AMENDMENT
       OF APPROVAL CONDITION – The applicants have filed to amend the original,
       special use permit/Planned Unit Development and Tentative Subdivision map approval
       condition #17 for the Traditions, Village One development, to permit certain roads and
       carriage ways within the development to remain private, on approximately 934.06 total
       acres; located off of Highway 50, Dayton (APN’s 16-401-34, 16-402-13, 14, 17, 19, 21,
       22, 24 & 25, 16-403-07, 09 -13). The condition will now read as follows:

And without forgiving the design standards previously approved: 17) that all interior roads
within the project (Village One) meet or exceed Lyon County standards as far as design and
build out, and that they will be maintained by Lyon County after approval by Lyon County
except for those sections of interior roads and carriage drives specifically designated as private
(to be maintained by the developer or the Homeowners Association as depicted by detailed plans
approved by the Lyon County Road and Planning Departments and County Engineer.
Appropriate utility and access easements shall be provided within the private areas and a note
added to the final maps that private alley access easements shall not be blocked with fences or
structures. During construction of the private areas the developer shall provide testing and
inspection services through an engineer / geotechnical firm and provide test and inspection
results to the County as determined by the Lyon County Inspector and Lyon County Engineer.
Construction must meet or exceed the recommendations in the approved studies and be build per
the approved plans.

37. MC LACHLAN, CURTIS J. & NANCY E. – SPECIAL USE PERMIT – The applicants
      have filed for a change in ownership of a special use permit to utilize an existing mobile
      home as watchman’s quarters in conjunction with a construction business, on
      approximately 1.00 total acres; located at 62 Affonso Drive, Mound House (APN 16-
      194-01) with the following conditions:

1.      The applicant shall comply with all State, County, Federal and Special Purpose 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 necessary State, County and Special Purpose District
permits and obtain all necessary public inspections.

4.    The manufactured home and its installation, as it exists, 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.

Book AZ                                                                   Yerington, Nevada
103                                                                       November 2, 2006
b.        If lighting is provided, it shall be so arranged to reflect away from residential areas,
and 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 applicant shall provide satisfactory evidence that the septic system has been
approved for sufficiency by the State Health Department or appropriate agency.

8.    The applicant shall procure and maintain a Lyon County business license prior to
occupying the premises.

9.    The mobile home will be removed within 30 days of the cessation of the need for the
watchman’s quarters.

10.    The mobile home will not be used as a rental property.

11.     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 watchman’s quarters.

12.    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.

13.     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.

14.    The special use permit is subject to annual review by Lyon County.

38. STOR-ALL, LLC – SPECIAL USE PERMIT – The applicants have filed for a special
       use permit for a self-storage business to include indoor self-storage, outdoor RV & boat
       storage, a car/truck wash, and a caretaker’s facility with an office, on approximately
       5.97 total acres; located at 10221 & 10225 Highway 50 East, Mound House (APN’s 16-
       192-01 & 02)

THIS ITEM WAS HEARD SEPARATELY

39. HIGH PLAINS ESTATES, PHASE 4 / HP4, LLC – TENTATIVE MAP EXTENSION
       OF TIME – The applicants have filed for a one year extension of time on the Tentative
       Subdivision Map for a proposed 30 residential lot development, plus commercial,
       known as High Plains Estates, Phase 4, on approximately 46.91 total acres; located at
       9630 Highway 50 West, Stagecoach (APN 15-401-02)

40. PINION RANCH ESTATES / PINION RANCH ESTATES, LLC - TENTATIVE MAP
       EXTENSION OF TIME – The applicants have filed for a one year extension of time
       on the Tentative Subdivision Map for the proposed 40 lot development known as Pinion
       Ranch Estates, on approximately 201.76 total acres; located off of Lower Colony Road,
       Smith Valley (APN’s 10-081-29, 30, 31 & 32)

41. PALMER COURT SUBDIVISION / YOUNG, JEFFREY S. & KAREN A. ETAL /
       SYD G KELLY CONSTRUCTION - TENTATIVE MAP EXTENSION OF TIME
       – The applicants have filed for a one year extension of time on the Tentative
       Subdivision Map for the proposed 8 lot development known as Palmer Court
       Subdivision, on approximately 2.79 total acres; located off of Palmer Court, Dayton
       (APN 19-701-15)

Book AZ                                                                    Yerington, Nevada
104                                                                        November 2, 2006
42. AJA ESTATES / MILLARD, DWIGHT C. JR., TRS., ETAL - TENTATIVE MAP
       EXTENSION OF TIME – The applicants have filed for a one year extension of time
       on the Tentative Subdivision Map for the proposed 6 lot development known as Aja
       Estates, on approximately 2.89 total acres; located off of Six Mile Canyon Road, Mark
       Twain (APN 16-024-02)

43. WILLIAMS, JOHN LEONARD - DIVISION INTO LARGE PARCELS TENTATIVE
       MAP WAIVER - The applicant has filed to waive the tentative map requirements for a
       4 lot, division into large parcels map on approximately 158.00 total acres; located at 25
       East Pursel Lane, Mason Valley (APN 12-171-02)

44. WILLIAMS, JOHN LEONARD – DIVISION INTO LARGE PARCELS MAP - The
       applicants have filed for a 4 lot, division into large parcels map on approximately
       158.00 total acres; located at 25 East Pursel Lane, Mason Valley (APN 12-171-02)

45. KESHMIRI, KAMY / JACIE, LLC – SPECIAL USE PERMIT – The applicant has filed
       to change the ownership of a special use permit to operate an existing brothel and
       provide for future expansion of the brothel, on approximately 8.20 total acres; located at
       48 & 50 Kit Kat Drive, Mound House (APN’s 19-072-05 & 09)

Dennis Smith of Western Engineering requested that item # 38 be heard separately.

Planning Director Rob Loveberg requested that item # 45 be heard separately.

Comm. Hunewill made a motion to approve the planning consent agenda as presented with item
#38 and item #45 being heard separately. Comm. Tibbals seconded and the motion passed
unanimously 4-0.

ITEM # 38 WAS HEARD AT THIS TIME.

Dennis Smith of Western Engineering began this item. He stated that there needs to be some
clarification on certain conditions of approval.

Todd Whear, owner of Stor-All, LLC wanted to clarify item # 14 and item #20 of the approval
for the Special Use Permit. He also would like the Special Use Permit to reflect his being able to
continue to rent U-Haul trucks.

A major concern of Mr. Whear was condition # 11. He stated that the highway frontage of the
property is approximately one-quarter mile and would like to be able to have a reader board such
as the Dayton facility does. He would also like to increase the size and height of the second sign.
Mr. Whear then asked to change condition #12 to a sight obscuring wall rather than a block wall.

After much discussion Comm. Milz suggested that with the number of changes being requested,
this item should be returned to the Planning Commission for reconsideration.

Planning Director Rob Loveberg commented that some of the proposed changes could be
worked out very easily between the applicant and the planning department.

Comm. Milz asked to have this item tabled and brought back after the 10:30 closed session. He
requested that Planning Director Rob Loveberg and the applicant try to resolve these concerns
prior to that time.

Planning Director Rob Loveberg resumed this item by stating that several of the concerns had
come to a conclusion. There was still one item that needs to be considered by the Board. Mr.
Loveberg then informed the Board of the changes that the planning department and the applicant
had agreed on.

After much discussion regarding the type of signage stated in condition # 11 Comm. Milz
recommended a compromise with the applicant. The applicant was hesitant to agree.



Book AZ                                                                    Yerington, Nevada
105                                                                        November 2, 2006
Comm. Tibbals made a motion to approve a reader board on the larger sign at the site. Comm.
Milz seconded and the motion failed 1-3 (Comm. Goodman, Comm. Hunewill and Comm. Milz
Opposed).

Comm. Milz made a motion to approve only one large free-standing sign at the site with a reader
board. Comm. Hunewill seconded and the motion passed by majority 3-1 (Comm. Goodman
opposed).

Comm. Hunewill made a motion to approve the amended condition #11. Comm. Tibbals
seconded and the motion passed unanimously 4-0.

Comm. Hunewill made a motion to approve the amended condition #14. Comm. Tibbals
seconded and the motion passed unanimously 4-0.

Comm. Hunewill made a motion to approve the amended condition #20. Comm. Goodman
seconded and the motion passed unanimously 4-0.

Comm. Hunewill made a motion to approve the amended Special Use Permit as follows:

1.     The self-storage facility shall be constructed in accordance with the conceptual site plan
dated August 22, 2006, with revisions as required by the special use permit conditions of
approval. No storage of industrial materials or items is allowed. Any further expansion of the
business enterprise will require modification of this special use permit or an additional special
use permit, and/or other approvals.

2.      The applicant shall improve Yhvona Drive to a County AC paved road standard from its
intersection with Highway 50 to the southerly boundary of the subject property. The applicant
shall install curb, gutter and sidewalk along the full frontage of its property.

3.     The applicant shall make application to the BLM for the right-of-way for Yhvona Drive
to permit proper commercial access to its property.

4.      The applicant shall comply with all State, County, federal and special district rules and
regulations as they apply to this special use permit.

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.      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.

8.      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 AC paving.

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.

9.      The applicant shall provide on-site parking spaces (not for the storage of vehicles or
boats), in conformance with the County’s parking standards. No parking spaces shall be allowed
to back directly into a driveway entrance. All parking areas, driveways and entry areas shall be
paved and handicap parking shall meet Americans with Disabilities Act requirements. Parking
and circulation plans must be approved by the Planning Director prior to the issuance of the
special use permit and building permits.

10.    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
Book AZ                                                                     Yerington, Nevada
106                                                                         November 2, 2006
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.

11.     The applicant shall be limited to the display of one onsite free-standing commercial sign,
as described in the submitted materials and similar to the sign located at the Dayton facility. The
County shall approve any illuminated signage intended for placement at this location. No sign
shall be placed on public property adjoining the land parcel. No advertising signs shall be placed
on the fences or storage structures for advertising or promotional purpose. Signage will be placed
at the entry and throughout the facility noting that the storage of hazardous materials is
prohibited.

12.     The property shall be enclosed by a decorative and solid wall which shall surround the
entire self storage facility perimeter except for the Yhvona Drive, the Northeast office access
sections and possibly the westerly portion of the Highway 50 frontage, if not used for storage.
The southerly, rear property line will be screened with a temporary sight obscuring fence and
will be in place within one year and will be replaced with the solid wall with phase two of the
project. The height, placement, construction and materials associated with the perimeter fencing
are subject to Planning Department staff review. Fencing layout and construction method shall
be included on the building permit site plans.

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, landscaping, and exterior lighting prior to the issuance of
any building permits.

15.     The applicant shall provide evidence of the approval of the Nevada Division of
Environmental Protection for a individual sewer disposal system, or provide suitable approved
alternatives.

16.    The use shall be connected to a public water system.

17.    Site development work will require a grading permit(s) in accordance with Title
11.07.14(F).

18.     Site built caretakers /watchman’s quarters are permitted in the same structure as the
office. No other residential uses are permitted on this site and the storage structures shall not be
occupied for residential living purposes.

19.     The applicant shall procure and/or maintain a Lyon County business license prior
to establishing the use or occupying the premises.

20.     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.

21.    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.

22.     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.

23.    The special use permit is subject to annual review by Lyon County.

24.    Compliance with the recommendations as stated in the letter from Lumos &
Associates, dated October 6, 2006, regarding vehicle stacking.

Comm. Goodman seconded and the motion passed unanimously 4-0.

ITEM # 45 WAS HEARD AT THIS TIME.


Book AZ                                                                     Yerington, Nevada
107                                                                         November 2, 2006
Planning Director Rob Loveberg read a letter into the record stating that the applicant had
withdrawn their application.

Comm. Hunewill made a motion to deny item #45. Comm. Goodman seconded and the motion
passed unanimously 4-0.

           **END OF PLANNING APPLICATIONS CONSENT AGENDA**

        **PUBLIC HEARING ON REGULAR PLANNING APPLICATIONS**

46.     ROSENGREN, DIANE – SPECIAL USE PERMIT – The applicant has filed for a
        special use permit to operate a breeder’s kennel for up to 13 adult dogs on
        approximately 1.09 total acres; located at 7890 Santa Fe Trail, Stagecoach (APN 15-
        441-27)

Planning Director Rob Loveberg presented this item. He explained that the applicant is wishing
to alter the request to 20 adult dogs and this item will be reheard, based on this request, at the
December 2006 Planning Commission meeting.

Comm. Goodman made a motion to deny the application without prejudice. Comm. Tibbals
seconded and the motion passed unanimously 4-0.

47.     EALY, JAMES A. & KAREN N. – DIVISION INTO LARGE PARCELS
        TENTATIVE MAP – The applicants have filed for a 16 lot, division into large parcels
        map on approximately 800.00 total acres; located off of Break-A-Heart Road,
        Stagecoach (APN’s 15-451-21 & 22)

Planning Director Rob Loveberg presented this item. He commented on staff concerns regarding
access to the property. These concerns will be addressed in a condition of approval.

Comm. Milz questioned whether the County owns Break-A-Heart Road. Mr. Loveberg
responded that to his knowledge the County does not own the road but that does not limit public
access.

Dennis Smith of Western Engineering represented the applicants. He showed a map of the
proposed parcels and explained how the parcels were configured. He then stated that the
applicants have had conversations with surrounding property owners regarding road
maintenance.

Comm. Tibbals made a motion to approve with the following conditions and a new condition
added that a caveat be placed on the map stating that the county does not own and/or maintain
Break-A-Heart Road.

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.
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 applicant shall provide evidence demonstrating legal access between Break-A-Heart
Road and the subject parcels to the satisfaction of the Planning Director.
5.    The final map shall dedicate right-of-ways, 60 feet in width, along all section lines to
provide for future connectivity.
6.    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


Book AZ                                                                   Yerington, Nevada
108                                                                       November 2, 2006
d)     Any normally continuously flowing watercourses and any easements and rights-of-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.
7.     Each lot shall contain an access road that is suitable for use by emergency vehicles.
8.     The corners of each lot are set by a professional land surveyor.
9.     The form and content of the final map shall be in accordance with Title 11.06.04.

Comm. Goodman seconded and the motion passed unanimously 4-0.

Comm. Hunewill made a motion to enter closed session. Comm. Tibbals seconded and the
motion passed unanimously 4-0.

10:30 A.M. – CLOSED SESSION (per NRS 241.015) regarding Silver City Community Center
settlement negotiation

The Board went into closed session. No action was taken.

ITEM #50 WAS HEARD AT THIS TIME.

48.      Discussion and possible action to hire the law firm of McDonald, Carano & Wilson to
         represent Lyon County on all aspects of Lyon County’s dispute with the insurer of the
         Silver City School/Community Center

District Attorney Leon Aberasturi presented this item.

Comm. Hunewill made a motion to hire the law firm of McDonald, Carano & Wilson as
presented and authorize the chairman to sign. Comm. Goodman seconded and the motion passed
unanimously 4-0.

49.      Discussion and possible action to advertise for competitive bids for the replacement
         of the Silver City Community Center

District Attorney Leon Aberasturi presented this item. He explained the reasoning to advertise
bids with and without a basement in the proposed building. The County will also advertise the
bid with and without prevailing wages.

Silver City Town Board member Erich Obermeyer asked why the County does not have plans
ready today to advertise for bids. He asked that the Silver City Town Board be given a specific
timeline as to when this item will go out to bid. Mr. Obermeyer then voiced the frustrations of
the Silver City residents.

County Engineer Dick Faber responded that the plans containing the basement are finished. It
will take approximately three to six weeks to obtain plans with a slab on grade alternative.

Silver City resident Bob Elliston had questions on the bidding process. District Attorney Leon
Aberasturi responded.

Ron Reno, a Silver City resident, stated that he will be available for questions and site visits by
contractors.

District Attorney Leon Aberasturi suggested having a pre-bid conference so that all bidders will
be fully aware of the details of the project.

Comm. Goodman made a motion to authorize staff to proceed with advertising for competitive
bids for replacement of the Silver City Community Center with alternatives for a slab on grade
concept as well as for prevailing wages. Comm. Tibbals seconded and the motion passed
unanimously 4-0.

The Board directed the County Manager to obtain credentials for potential cost estimators for
Board review.


Book AZ                                                                    Yerington, Nevada
109                                                                        November 2, 2006
   ITEM #38 WAS RESUMED AT THIS TIME.

   50.     CLOSED SESSION (per NRS 241.015) regarding Walker River Settlement negotiation

   The Board went into closed session. No action was taken.

   51.     Discussion and possible action on Lyon County’s official status in Walker River
           mediation

   Comm. Hunewill made a motion that the Board concur with the mediation team of Steven Rye,
   Phyllis Hunewill and Don Tibbals that the mediation has ended without agreement. Lyon County
   agrees to conclude its participation in the mediation at this time and authorizes the District
   Attorney’s office to approve any reports required to the court and continue to represent Lyon
   County in the Walker River litigation until further action of this board. Comm. Tibbals seconded
   and the motion passed unanimously 4-0.

   52. Advisory Board reports

   This item was heard under item #4.

   53. Approve Minutes

   There were no minutes to approve.

   The meeting was adjourned.


                                             BOARD OF LYON COUNTY COMMISSIONERS


                                            ____________________________________________
                                            BOB MILZ, Chairman


ATTEST:


________________________________________
NIKKI BRYAN, Lyon County Clerk/Treasurer




   Book AZ                                                                  Yerington, Nevada
   110                                                                      November 2, 2006

				
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