PURSUANT TO CHAPTER 241 OF THE NEVADA REVISED STATUTES AND THE LAWS OF THE STATE OF NEVADA, THE DOUGLAS COUNTY BOARD OF COMMISSIONERS HEREBY NOTIFIES ALL INTERESTED PARTIES THAT THE BOARD WILL CONDUCT BUSINESS OF THE COUNTY AS NOTICED BELOW:
THE REGULAR MEETING SHALL BE HELD ON THE 7 th DAY OF AUGUST, 2014 BEGINNING AT 1:00 P.M. IN THE DOUGLAS COUNTY COMMISSIONERS MEETING ROOM OF THE DOUGLAS COUNTY ADMINISTRATION BUILDING (HISTORIC COURTHOUSE), 1616 EIGHTH STREET, MINDEN, NEVADA.
THE AGENDA OF THE MEETING SHALL CONSIST OF THE FOLLOWING NOTED ITEMS (SEE ATTACHED AGENDA), AS WELL AS ANY ITEMS APPENDED TO THIS NOTICE.
I HEREBY CERTIFY THAT ACCORDING TO THE PROVISIONS OF NRS 241, THIS NOTICE HAS BEEN POSTED AT LEAST THREE (3) WORKING DAYS PRIOR TO CONVENING OF THE MEETING.
Douglas County Board of Commissioners
Meeting Agenda
Doug N. J ohnson, Chairman, District 3 Nancy McDermid, Vice Chairwoman, District 4 Greg Lynn, District 1 Lee Bonner, District 2 Barry Penzel, District 5
Lawrence A. Werner, Interim County Manager Ted Thran, Clerk-Treasurer Thursday, August 7, 2014 1:00 pm Douglas County Historic Courthouse 1616 8 th Street, Minden, Nevada
MISSION STATEMENT Working together with integrity and accountability, the Douglas County team is dedicated to providing essential and cost-effective public services fostering a safe, healthy, scenic, and vibrant community for the enjoyment of our residents and visitors.
The Board of Commissioners may also be meeting for lunch on the same day, at 11:30 a.m. at Salettis Restaurant, 1623 U.S. Highway 395, Minden, Nevada. Members of the public, press, and staff are welcome. This is a social gathering; and no Board of Commissioner business will be discussed.
Copies of the finalized agenda are posted at the following locations prior to meeting day: Minden Inn, Administration Building (Historic Courthouse), J udicial and Law Enforcement Center, Gardnerville Post Office, Minden Post Office, Minden Library, Douglas County Administration Building and the Tahoe Transportation Center at Stateline, NV. Questions concerning the agenda should be referred to the County Managers Office at 775-782-9821.
The Board of County Commissioners sit jointly as the following Boards: Liquor Board, License Board, Tahoe-Douglas Transportation District Board, Water District Board, East Fork Fire and Paramedic Districts Board, Regional Transportation Commission and Redevelopment Agency.
It is the intent of the Board of County Commissioners to protect the dignity of citizens who wish to comment before the Board. It is also the County Commissioners wish to provide the citizens of Douglas County with an environment that upholds the highest professional standards. Citizens should have the ability to freely comment on items and/or projects that are brought before the Board for action without interference.
In order to ensure that every citizen desiring to speak before the Board has the opportunity to express his/her opinion, it is requested that the audience refrain from making comments, hand clapping or making any remarks or gestures that may interrupt, interfere or prevent the speaker from commenting on any present or future project. Persons desiring an opportunity to address the Board of County Commissioners and are not able to attend the meeting are requested to complete and submit a Comment Card to the Chairman at the main podium prior to the convening of the Commission meeting. Cards are located at the main entrance to the meeting room.
Copies of supporting material can be requested in person from Lorraine Kabat, Douglas County Managers Office, 1594 Esmeralda Avenue, Minden, Nevada or by calling 775-782-9821. Supporting material can also be found at http://cltr.co.douglas.nv.us or http://www.douglascountynv.gov. During the public hearing, supporting materials can be viewed in the Public Information Binder located at the entrance to the meeting room.
Notice to Persons with Disabilities: Members of the public who are disabled and require special assistance or accommodations at the meeting are requested to notify the Clerks Office in writing at Post Office Box 218, Minden, Nevada 89423 or by calling 782-9020 at least 20 hours in advance.
All items shall include discussion and possible action to approve, modify, deny, or continue.
DOUGLAS COUNTY BOARD OF COMMISSIONERS FINAL AGENDA MINDEN, NEVADA AUGUST 7, 2014
1:00 P.M.
INVOCATION
PLEDGE OF ALLEGIANCE Greg Lynn
PUBLIC COMMENT (No Action)
At this time, public comment will be taken on those items that are within the jurisdiction and control of the Board of Commissioners or those agenda items where public comment will not be taken as a public hearing is not legally required.
Public Comment is limited to three minutes per speaker. The Board of Commissioners uses timing lights to ensure that everyone has an opportunity to speak. You will see a green light when you begin, and then a yellow light which indicates that you have thirty seconds left and should conclude your comments. Once the light turns red, please sit down.
If you are going to comment on a specific agenda item that the Board of Commissioners will take action on, please make your comments when the Board of Commissioners considers that item and the item is opened for public comment.
For members of the public not able to be present when an agendized item is heard, Speaker/Comment Cards are available from the Clerk and at the entrance to the meeting room. These cards should be completed and given to the Clerk.
APPROVAL OF AGENDA
For possible action. Approval of proposed agenda. The Board of Commissioners reserves the right to take items in a different order to accomplish business in the most efficient manner, to combine two or more agenda items for consideration, and to remove items from the agenda or delay discussion relating to items on the agenda.
APPROVAL OF PREVIOUS MINUTES
For possible action. Approval of the Board Minutes of:
June 30, 2014/Strategic Planning & Priority Based Budgeting Workshop August 7, 2014 2 July 3, 2014 July 17, 2014 July 20, 2014/Emergency Meeting
DOUGLAS COUNTY AWARD PRESENTATION
1. Ceremonial presentation of employee service awards to James Connelly from East Fork Fire & Paramedic District and Jeffery Gorton from China Spring Youth Camp. (approx. 10 min)
2. Ceremonial presentation of Proclamation 2014P-064 proclaiming the month of August 2014 as Childhood Cancer Awareness Month in Douglas County. (approx. 5 min)
CONSENT CALENDAR
Items appearing on the Consent Calendar are items that can be adopted with one motion unless an item is pulled by a Commissioner or a member of the public. Members of the public who wish to have a consent item placed on the Administrative Agenda shall make that request during the public comment section at the beginning of the meeting and specifically state why they are making the request. When items are pulled for discussion, they will automatically be placed at the beginning of the Administrative Agenda or may be continued until another meeting.
Motion to approve the Consent Calendar items 3a-3v.
FINANCE 3a. For possible action. Report on general ledger cash balances through July 18, 2014 per NRS 251.030. (Katherine Bradshaw)
CLERK-TREASURER 3b. For possible action. Discussion to approve receipt and filing of Cumulative Voucher Sheets for checks issued for the 07/11/2014 Payables, the 07/11/2014 Payroll, the 07/17/2014 Payables, and the 07/18/2014 Payables. (Terry Lundergreen)
ASSESSOR 3c. For possible action. Discussion on the report of the use of the Assessors Technology Fund as required pursuant to NRS 250.085 (4). (Doug Sonnemann)
AIRPORT 3d. For possible action. Discussion to approve the addition of a new Specialized Aviation Service Operation (SASO), for commercial skydiving operations, to the August 7, 2014 3 airport Minimum Standards previously approved by the Board of County Commissioners in August 2010. (Bobbi Thompson). 3e. For possible action. Discussion to approve a new three year Land Lease LL117 for a parachute landing drop zone consisting of 30,000 square feet of land in the Northeast corner of the airport site in the amount of $500 per month for FY 2014- 2015, based upon an initial rate of $0.20 per square foot per year pursuant to Resolution 2013R-013, with Skydive Lake Tahoe (Bobbi Thompson). 3f. For possible action. Discussion to approve Land Lease LL116 for a lease of 11,000 square feet of land adjacent to existing privately owned hangars on the Airports West side at the intersection of Taxiways E and C for the construction and development of a private 6,000 square foot non-commercial hangar and 5,000 square feet of ramp area in the amount of $153.33 per month for FY 2014-2015, based upon an initial rate of $0.20 per square foot per year pursuant to Resolution 2013R-013, with Jim Payne. (Bobbi Thompson). 3g. For possible action. Discussion to approve the Assignment and Assumption of Land Lease LL073, currently leased by John Marsalis for the storage of aircraft in a privately built hangar to Peter Axelson dba Pax Designs, LLC, a Nevada limited liability company and change the Lease number to LL115 (Bobbi Thompson). 3h. For possible action. Discussion to approve a letter of support to Governor Sandoval for the reestablishment within the states budget of the Nevada Aviation Trust Fund which will be used to promote economic development, enhance the job market and provide the infrastructure for a variety of air emergency services within Douglas County, to be signed by all Board of County Commissioners. (Bobbi Thompson)
DISTRICT COURT 3i. For possible action. Discussion to adopt Resolution 2014R-059 approving a public auction for the sale of personal property owned by Douglas County consisting of a 1952 D-4 Tractor and a 1958 D-342 Caterpillar located at China Springs Youth Camp. (Wendy Garrison) 3j. For possible action. Discussion to approve a Substance Abuse Prevention and Treatment Agency (SAPTA) amended grant award for FY13-14 to the China Spring Youth Camp (Camp) in the amount of $272,665, an increase of $34,600 from the original FY13-14 sub grant award of $238,065. (Wendy Garrison)
TOWN OF MINDEN 3k. For possible action. Discussion to approve the recommendation of the Minden Town Board to accept an offer by Bently Enterprises, LLC to purchase property owned by the Town of Minden, located at 1613 Water Street, for an amount not to exceed $240,000, subject to the conditions that Bently Enterprises provide the Town of Minden with an access easement for the Towns continued ownership and operation of the well (Well #1) located on the subject real property, as well as the Towns ability to locate a well, with appropriate access, on the northwest portion of property owned by Bently on Buckeye Road in the future. (Jenifer Davidson) August 7, 2014 4
EMERGENCY MANAGEMENT 3l. For possible action. Discussion to accept a State of Nevada, Emergency Response Commission, United We Stand Grant in the amount of $30,000 for the purchase of equipment to be distributed to four partners of the Local Emergency Planning Committee (LEPC); Douglas County Sheriffs Office, East Fork Fire, Tahoe Douglas Fire and Carson Valley Medical Center and to authorize the District Chief to sign all documents related to the management of this grant. There are no matching funds required. (Dave Fogerson)
COUNTY MANAGER 3m. For possible action. Discussion to approve a letter of support in Connect Nevadas efforts to retain federal funding for their non-profit organization to be signed by the Chairman of the Board of County Commissioners.
911 EMERGENCY SERVICES 3n. For possible action. Discussion to approve the purchase of ProQA (Professional Question and Answer) software from Priority Dispatch for use by 911 Emergency Services in the amount of $51,328, which has been budgeted for FY 14-15. (Kirt Deitrick)
COMMUNITY DEVELOPMENT 3o. For possible action. Discussion to approve an Interlocal Contract with the Carson Water Subconservancy District (CWSD) in the amount of $30,000 in grant funding to be used to evaluate channel restoration and irrigation improvements along the East Fork of the Carson River, south of Riverview Drive adjacent to the irrigation diversion structure that serves the Virginia/Allerman Canal and Rocky Slough irrigation users. (Erik Nilssen)
PUBLIC GUARDIAN & PUBLIC ADMINISTRATOR 3p. For possible action. Discussion on the Public Guardians and Public Administrators 2014 second quarter reports. (Claudette Springmeyer)
DOUGLAS COUNTY LIQUOR BOARD 3q. For possible action. Discussion to approve the addition of Shawn Bartlett as District Manager to the existing Packaged Retail Liquor License for Dolgen Midwest, LLC dba Dollar General #13581. Dollar General #13581 is located at 1257 Pit Road, Gardnerville, Nevada. Mr. Bartlett has signed the Waiver of Notice of Hearing. (Sergeant Pat Brooks) 3r. For possible action. Discussion to approve the On-Site Retail Beer & Wine Liquor License for Tommy Nguyen, owner/operator, representing Pho Chopstix Restaurant, contingent on the Fire and Health inspections being completed. Pho Chopstix is located at 1329 Highway 395, Gardnerville, Nevada. Mr. Nguyen has signed the Waiver of Notice of Hearing. (Sergeant Pat Brooks) August 7, 2014 5 3s. For possible action. Discussion to approve the On-Site Retail Unrestricted Liquor License, Entertainment Endorsement and Non-Restricted Gaming License for C.O.D. Casino Corporation, dba C.O.D. Casino, represented by owner David Scott Tate contingent upon receiving the Certificate of Occupancy. C.O.D. Casino is located at 1593 Esmeralda Avenue, Minden, Nevada. David Scott Tate has signed the Waiver of Notice of Hearing. (Sergeant Pat Brooks)
REPORT OF FEES 3t. For possible action. Discussion to approve receipt of the Douglas County Clerks report of fees for the month of June 2014. (Ted Thran) 3u. For possible action. Discussion to approve the June 2014 Report of Fees from the Recorders Office. (Karen Ellison) 3v. For possible action. Discussion to approve receipt of DMV Report of Revenue and Transactions for the month of June 2014. (Vicky Derner)
ADMINISTRATIVE AGENDA
The Administrative Calendar will be handled as follows:
(1.) The Chairman will read the agenda title into the public record. (2.) Staff will introduce the item and provide a report, if any. (3.) The applicant, if any, will have an opportunity to address the Board. (4.) The Board will then discuss the item. Once the Board has concluded their discussion, public comment will be allowed. (5.) Public comment will be allowed and is limited to three minutes per speaker. (6.) Once public comment is completed, the Board will then ask any follow-up questions and take action.
On agenda items that are agendized as a presentation with no action listed, public comment is not legally required and must be made at the beginning of the meeting.
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION:
Any item(s) pulled from the Consent Calendar will be heard at this time.
CLERK-TREASURER
4. For possible action. Discussion to approve, approve with conditions, or deny an Outdoor Festival Permit submitted by Martha Williams for the Annual Peddlers Fair, scheduled for September 27 & 28, 2014 from 9 a.m. to 5 p.m., both days, to be held at 2242 Main Street, Genoa, Nevada. (Ted Thran) (approx. 15 min)
5. For possible action. Discussion to approve, approve with conditions, or deny an Outdoor Festival Permit submitted by Phil Stoll for the Annual Autumn Boutique at August 7, 2014 6 the White House, scheduled for September 26, 27 & 28, 2014, from 7 a.m. to 6 p.m. (9/26 for vendor set-up), to be held at 195 Genoa Lane aka 2275 Genoa Lane, Genoa, Nevada. (Ted Thran) (approx. 15 min)
6. For possible action. Discussion to approve, approve with conditions, or deny an Outdoor Festival Permit submitted by Gilles Lagourgue for La Ferme and Gilles Menagerie Festival, scheduled for September 27 & 28, 2014, from 9 a.m. to 7 p.m., to be held at 2291 Main Street, Genoa, Nevada. (Ted Thran) (approx. 15 min)
7. For possible action. Discussion to approve, approve with conditions, or deny an Outdoor Festival Permit submitted by the Town of Genoa for the 94 th Annual Candy Dance Arts & Crafts Faire, scheduled for September 27 & 28, 2014, from 7 a.m. to 10 p.m., Saturday; & 7 a.m. to 6 p.m., Sunday, to be held throughout the Town of Genoa, Nevada.(Ted Thran) (approx. 15 min)
EAST FORK BOARD OF FIRE COMMISSIONERS
8. For possible action. Discussion related to District Fire Chief Tod F. Carlinis annual performance evaluation, the determination of merit pay of up to three steps, and such other compensation and leave as the Board of Fire Commissioners may determine is appropriate. (approx. 30 min)
DISTRICT ATTORNEY
9. For possible action. Discussion and adoption of Ordinance 2014-1408 amending Douglas County Code, Title 5, Chapters 5.08.020, 5.08.030, and 5.08.040 to clarify the definition of live entertainment and special event as used in the Liquor Code, clarify the application process for a Special Events Liquor License including live entertainment, clarify the application process for Live Entertainment Endorsements and Outdoor Live Entertainment Permits, and providing for other properly related matters (2 nd reading). (Zach Wadl) (approx. 30 min)
FINANCE
10. For possible action. Discussion to adopt Ordinance 2014-1417 authorizing the issuance by Douglas County, Nevada of its General Obligation (Limited Tax) Water Bond (additionally secured by pledged revenues) Series 2014 in the maximum principal amount of $1,500,000 for the purpose of financing water projects for the Countys water systems; providing the form, terms and conditions thereof and covenants relating to the payment of said bond; and providing for its adoption as if an emergency exists; and providing other matters relating thereto. (One reading only as if an emergency exists.) (Christine Vuletich) (approx. 10 min)
August 7, 2014 7 11. For possible action. Discussion to approve the June 30, 2014 updated Douglas County Strategic Plan reflecting completed goals and newly added or modified goals. (Kathy Lewis) (approx. 10 min)
PUBLIC WORKS
12. For possible action. Discussion and direction regarding the transfer of 37.0 acre- feet of water rights into the Sierra Country Estates water system to comply with State Engineer Order 1224 regarding over-pumping of water rights in the Sierra Country Estates Public Water System, including a policy to recover the equivalent of 37.0 acre-feet of water rights in either water right dedications or cash in lieu of dedication from the Sierra Country Estates water users, as well as assessing other excessive water users in the County water systems. (Carl Ruschmeyer) (approx. 20 min)
REDEVELOPMENT AGENCY BOARD
13. For possible action. Discussion to approve an interlocal agreement with Indian Hills General Improvement District (GID) requiring the GID to provide project and administration management of the Vista Grande Enhancement Project, which includes the reconstruction of Vista Grande south of Mica Drive to approximately Amador Circle with Redevelopment Agency funds in an amount not to exceed one million three hundred twenty thousand dollars ($1,320,000). (Carl Ruschmeyer) (approx. 5 min)
COMMUNITY DEVELOPMENT
14. For possible action. Discussion to adopt Ordinance 2014-1415, adding Chapter 10.10 to the Douglas County Code (DCC), implementing notification requirements, and allowing for the installation of temporary traffic control devices during road maintenance, construction and special event activities and other properly related matters. (2 nd reading) (Mimi Moss) (approx. 10 min)
15. For possible action. Discussion to approve a Planned Development Modification Application (PD) 04-002-1, for D.E. Jansse and Company to modify the Rain Shadow Ranch (formally known as Aloha Ranch) Planned Development (ref. PD 04-002) and to amend a Final Subdivision Map increasing the density in Phase 1, by dividing a 1.52 acre parcel into 2 parcels, the smallest being 0.76 net acres in area. The subject property is located at 1137 Kingston Lane in the SFR-1/2/PD (Single-family Residential, half-acre minimum parcel size Planned Development Overlay) zoning district within the Gardnerville Ranchos Plan Area (APN: 1220-17-615-019). The Board of Commissioners may approve, approve with modifications, or deny the request. (Dirk Goering) (approx. 30 min)
August 7, 2014 8 16. For possible action. Discussion to adopt Resolution 2014R-060, establishing certain rates, fees, and charges for road closure permits, adopting fees set by the Tahoe Regional Planning Agency (TRPA), and amending fees charged for research, public record requests and copying documents provided by the Douglas County Community Development Department and as provided for in Douglas County Code. (Mimi Moss) (approx. 5 min)
17. For possible action. Introduction and discussion on Ordinance 2014-1418, a zoning text amendment to Douglas County Code (DCC), Title 20 to prohibit medical marijuana establishment (MME) uses as defined by Nevada Revised Statutes (NRS) Chapter 453A in all Douglas County zoning districts; deleting section 20.01.120 Moratorium on Medical marijuana establishments; adding a new section 20.660.170 Medical marijuana establishment uses which prohibits the MME use in all zoning districts; adding a definition for MME in Appendix A Definitions; and other properly related matters. (1 st reading) (Cynthea Gregory & Hope Sullivan) (approx. 10 min)
18. For possible action. Discussion on the introduction of Ordinance 2014-1416, a zoning text amendment to amend Douglas County Code (DCC) Chapters 20.654.020, 20.656.020 and 20.658.020 (Permitted, Development Permitted and Special Use Permit Use Tables), 20.660 Use Regulations, 20.662.010 (Agricultural, Forest and Range, and Residential Land Use District Specific Standards Table), 20.666.010 (Non-Residential Specific Standards for Permitted, Development Permitted and Special Use Permit Uses Table) and add 20.664.260 (Agricultural, Forest and Range, and Residential Land Use Specific Standards, Solar Photovoltaic Facility) and add 20.668.260 (Non-Residential Uses Specific Standards, Solar Photovoltaic Facility) to allow a Solar Photovoltaic Facility as a primary use in the A-19 (Agricultural 19), FR- 19 and FR-40 (Forest and Range), LI (Light Industrial), PF (Public Facilities), and RA- 5 and RA-10 (Rural Agricultural five acre minimum and ten acre minimum) zoning districts subject to a Special Use Permit and other standards, and other properly related matters. (1 st reading) (Hope Sullivan) (approx. 20 min)
19. For possible action. Discussion to direct staff regarding requests by the Carson Valley Agricultural Association to modify regulations in Chapter 20 of the Douglas County Code as it relates to the use, zoning, and subdivision of agriculturally zoned lands. (Hope Sullivan) (approx. 30 min)
20. For possible action. Discussion on the introduction of Ordinance 2014-1419, a zoning text amendment to Douglas County Code (DCC), to amend Title 20, Appendix A to define an Indoor Gun Range use, and Section 20.658.020 (Permitted, development permitted, and special use permit uses), Section 20.660.090 (Use Regulations), Chapter 20.666 (Non-Residential Specific Standards for Permitted, Development Permitted and Special Use Permit Uses), and Chapter 20.668 (Non- Residential Specific Standards) so as to allow an Indoor Gun Range subject to Special Use Permit and supplemental standards in the Private Recreation, Neighborhood August 7, 2014 9 Commercial, General Commercial, Tourist Commercial, Light Industrial, Service Industrial, and Public Facilities zoning districts; and other properly related matters. (1 st reading) (Hope Sullivan) (approx. 20 min)
COUNTY MANAGER
21. Reports/updates from County Commission members concerning the various boards and/or commissions that they may be a member of or a liaison to or meetings/functions they have attended. These boards/commissions/meetings include but are not limited to the: Nevada Association of Counties; Carson Water Subconservancy District; Lake Tahoe Visitors Authority; Tahoe Regional Planning Agency; Law Library; NevadaWorks; Carson Valley Chamber and Visitors Authority; Tahoe Douglas Visitors Authority; Lake Tahoe South Shores Chamber of Commerce; Western Nevada Development District; Regional Transportation Commission; Nevada Tahoe Conservation District; Nevada V & T Railroad Commission; Joint Powers/Waste Management; Tahoe Transportation District, and the Debt Management Commission. There will be no discussion or action taken on these reports/updates.
CLOSING PUBLIC COMMENT (No Action)
At this time, public comment will be taken on those items that are within the jurisdiction and control of the Board of Commissioners or those agenda items where public comment has not already been taken.
THE TIMING FOR AGENDA ITEMS IS APPROXIMATE UNLESS OTHERWISE INDICATED AS A TIME SPECIFIC ITEM. ITEMS MAY BE CONSIDERED AHEAD OF OR AFTER THE SCHEDULE INDICATED BY THIS AGENDA.