Agendas & Minutes


April 13, 2004

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
APRIL 13, 2004

 


Agenda

1.    Call to order.

A.    Pledge of allegiance
B.    Welcome

2.    Discussion regarding agenda items.

3.    Announcements.

4.    “Good News” regarding people, events, awards, celebrations or occasions that reflects positively for those within the community

5.    Presentation of awards.

6.    Discussion, action and decision regarding the Tortoise and Endangered Species Act violations in Pahrump.  Dr. Jim Marble  

7.    Discussion, action and decision regarding scope of services by Nevada by Design for sewer system project.  Town Manager

8.    Discussion, action and decision regarding remaining moving expenses for Town Manager.  Dave Richards

9.    Discussion, action and decision regarding going to bid for fire hose.  Chief Lewis

10.    Discussion, action and decision regarding request to bid ball field light timers.  Town Manager

11.    Discussion, action and decision regarding purchase of a 2002 Ford F-150 for Buildings and Grounds department.   Town Manager

12.    Discussion, action and decision regarding fire turnout gear donation to Manhattan, Nevada Fire Department.  Tim Leavitt

13.    Discussion only regarding community concerns regarding owner abandonment of property pertaining to weeds related to Lakeview Golf Course.  Jeanna Howard/Doug Shaw

14.    Discussion, action and decision regarding possible sale of trust property.  

15.    Town Manager’s Report.   

16.    Advisory Board Reports.

17.    Discussion, action and decision regarding water rights for fairgrounds.  

18.    Discussion, action and decision regarding name change from Emergency Services Advisory Board to Emergency Management and Homeland Security Advisory Board.  Paula Glidden/Sharon Wherly.

19.    Discussion only regarding Simkins Park.  Charlotte LeVar

20.    Discussion regarding joint meeting of Town Boards and Town Advisory Boards of Nye County.  Charlotte LeVar


21.    Discussion, action and decision regarding 72-Hour Liquor License.

22.    Consent Agenda Items:

A.    Action – approval of Town vouchers.
B.    Action – approval of Town Board minutes of March 23, 2004


23.    Public Comment (Action may not be taken on matters considered during this period until specifically included on an agenda as an action item (NRS 241.020(2)(C)(3).

24.    Discussion, action and decision regarding closure of meeting pursuant to NRS 241.030 and 241.033 and 288.220(1-4) and 241-015.2(b)(2) for purposes of conferring with Town’s management representative regarding labor negotiations

25.    Closed meeting pursuant to NRS 241.030, NRS 241.015(b)(2) and NRS 288.220(4).

26.    Discussion, action and decision regarding labor negotiations discussed in closed session.

27.    Adjournment.

POSTED IN THE PAHRUMP TOWN OFFICE, COMMUNITY CENTER, COUNTY COMPLEX AND FLOYD’S ACE HARDWARE

SPECIAL NOTE: Any member of the public who is disabled and requires accommodations or assistance at this meeting is requested to notify the Pahrump Town Office in writing, or call 775-727-5107 prior to the meeting.  Assisted listening devices are available at Town Board meetings upon request.

 


Minutes

CLOSED SESSION MINUTES

PRESENT:
Paula Glidden
Richard Billman
Charlotte LeVar
Jeanna Howard
Cristina Hinds, Attorney
Dave Richards


Cristina Hinds said she asked for this closed discussion because she wanted to update the Board and inform them of a grievance that has been filed.  Ms. Hinds noted that this is not about anything recent, that it is about things that happened in 2001, the first year of the contract.  Cristina Hinds stated there were two issues, one being the dual certification.  Numbers were received from both the Town and the Union and there is approximately $20,000 difference between our calculations and the union’s.  The Town’s calculations were done by Michael Sullivan and believe those to be more accurate as they are more inclusive.  Ms. Hinds noted that the total amount is approximately $90,000 for dual certification per year.  

Cristina Hinds explained during the negotiations an agreement could not be reached in the original contract so it was the agreement with Geoff Smith and the chief negotiator for the union at that point that due certification would be discussed at a later date.  That is the reason this issue keeps coming up.  

Ms Hinds asked what would an arbitrator do and said she finds it hard to believe that an arbitrator would say you must dual certify all of the nine employees it effects.  Cristina Hinds said she believes that would be strange to say the least.  Ms. Hinds said it is stated in the first contract that this is something that we would try to negotiate.  Cristina Hinds said she is not worried about getting a bad faith negotiation claim as this issue has been negotiated to death.  Chief Lewis is the only one still present that was involved in those negotiations at the beginning.  

Cristina Hinds stated that an issue came up whether the Town owes them back pay.  The original agreement, as it was discussed, is that they agreed not to seek back pay.  They say the Town is, according t FLSA, we are performing fire fighter activities but are really ambulance drivers.  Cristina Hinds said it was her opinion, after speaking with Mitch Brust one of the original negotiators, that in the union contract they already agreed to there are line employees and non-line employees.  The non-line employees are the forty hour employees at the fire station which consists of three people.  Then there are the line employees which is everyone else.  In the union contract it was already agreed that a line employee which was always everyone’s agreement that that would apply to an EMT with those people working 56 hours per week.  This has already been decided by union contract.  Ms. Hinds said the issue would be whether they can agree, the union, on behalf of the individual employees could agree to by pass the FLSA.  The money being looked at that would be owed in back pay, assuming we

Pahrump Town Board Meeting
Closed Session
April 13, 2004

were found in violation of FLSA, which in Ms. Hinds opinion the Town is not, as an arbitrator could find differently.  Cristina Hinds said she really believes that the union has known about this issue for three years and somebody would have called FLSA if the Town were truly wrong.  Ms. Hinds said it is her opinion that the Town does not owe them any back money.  The amount the union has calculated that the Town owes in back pay is $900,000.  They are willing to waive the back pay issue if we agree to do dual certification.  In addition, Ms. Hinds continued, they have said what happened during the interim the Town had an agreement with the chief negotiator and we are required that if something changes and impacts the union in certain areas that we will tell them prior to making the and start negotiations.  

Cristina Hinds used the insurance change as an example which we had nothing to do with.  Peggy Warner called the union at that time and informed them that something had to be done or the employees would be without insurance.  At that time the union said do whatever you have to do.  Ms. Hinds said they have now calculated those figures on what they feel those damages are and will be asking for that amount of money.  Ms. Hinds asked if they are going to be successful.  She said she seriously doubts it as the Town has no control over the change in coverage.  

Cristina Hinds said they are willing to waive the back pay if it is an issue and will be bringing up the insurance issue.  Ms. Hinds stated that she and Dave Richards asked that this be presented to the Board now that we have figures and ask how the Board would like to proceed.  An arbitrator has been selected for the grievance.  The Town has the figures from Michael Sullivan which amounts to approximately $90,000.  

Paula Glidden asked how many years this covers.  Cristina Hinds said it would go back to prior to 2001 and could potentially include going back to 1998 or 1999.  Ms. Hinds said it is not just her opinion as she has researched this.  Paula Glidden asked what it would cost for dual certification per year or the back pay.  Cristina Hinds said the total liability is around $90,000 depending on which figures you use.  

Richard Billman clarified that for waiving $90,000 to $120,000 it could cost the Town another $90,000 per year forever which does not sound like a very good deal.  Cristina Hinds agreed.  Mr. Billman said he is not sure he can waive his rights to a violation that you committed against me.  Ms. Hinds noted that it was Dave Richards’s concern as well.  Cristina Hinds said that when she researched it some time ago the Town could enter into a contract with the individuals and cannot do it on behalf of the union. But there are people that have left employment and how would you find these people and why would they ever sign a release.  Ms. Hinds stated that she does feel that an arbitrator is going to force the Town to dual certify.  Interesting enough, Cristina Hinds said she talked with Scott Lewis it does not actually help the pool of available people because there is such a small number to begin with.

Jeanna Howard said dual certification is just an overtime issue and that is all it is.  Jeanna Howard asked Cristina Hinds what her opinion was.  Ms. Hinds said she does not think an arbitrator would force the Town to dual certify as it is not a legal requirement.  Ms. Hinds said that what was in the union contract is that we will negotiate the issue of dual certification.  Jeanna Howard noted that it is a national standard that everyone dual certifies outside of smaller communities.  Cristina Hinds stated that the issue of back pay, in her opinion, and the opinion of the prior negotiator, that there is no way,

Pahrump Town Board Meeting
Closed Session
April 13, 2004

that they waived it.  Ms. Howard said they are acting like they are dual certified now and are being paid for 56 hours.  Ms. Hinds stated that the paramedics are being paid up to 56 hours, not paying the 40 hours plus overtime.  Cristina Hinds stated that the employees wanted to be 56 hour employees and we would be in violation of the contract if we paid them for 40 plus overtime.  

Cristina Hinds explained that the figures she has is per year, ranging from $7,000 per year and the highest being $10,000 which is the over 56 hours not 40 hours.

Charlotte LeVar said it seems to her that if the Town pays then we are admitting we did something wrong.  Mrs. LeVar asked that if we did not do anything wrong why the Town would pay the money and suggested going with the arbitrator.  Charlotte LeVar said she is not willing to give up that easily.

Richard Billman asked if this would be binding arbitration.  Cristina Hinds said it can be and it has not been decided if it will be fact finding or binding arbitration or both.  Ms. Hinds stated that fact finding would include can the Town afford to do it.  Cristina Hinds said she feels it will be some combination of fact finding and arbitration.  Ms. Hinds said there could be a possibility that the arbitrator could find somehow that we could afford to pay it.  Paula Glidden expressed concern that it was never decided in the original contract as it is such a huge issue.  Cristina Hinds explained that an agreement could not be reached in the original contract.  Ms. Glidden said it is like something they knew they could hold over our heads.  Ms. Hinds said she believes if the Town had not been compliant with FLSA that they would have already done something.

Jeanna Howard asked Cristina Hinds if that was the only thing she is basing her opinion on.  Cristina Hinds replied her opinion is based on that and the research and Mitch Brust.  And that they have already agreed to call themselves 56 hour employees.  

Cristina Hinds said there was no action to take from this meeting.  









/cw

 


 

 

PRESENT:
Paula Glidden
Richard Billman
Charlotte LeVar
Jeanna Howard
Cristina Hinds, Attorney

CALL TO ORDER

Chairman Paula Glidden called the meeting to order and led in the pledge of allegiance.  Ms. Glidden welcomed all present for this meeting.

DISCUSSION REGARDING AGENDA ITEMS

Paula Glidden asked that the following items be removed from the agenda:

    Item #14 – Discussion, action and decision regarding possible sale of trust property
    Item #21 – Discussion, action and decision regarding 72 Hour Liquor Licenses

There were no objections to these changes.

ANNOUNCEMENTS

Charlotte LeVar announced the following:

    Pahrump Regional Planning Commission will meet at 6:00 p.m. on April 14 at the
    Community Center;
    Fall Festival Rodeo Committee will meet on April 14 at 7:30 p.m. in the Town Shop;
    A Special Tourism Advisory Board meeting will be held April 15 at 9:00 a.m. in the
    Town Annex;
    Fall Festival Parade Committee will meet on April 15 at Noon in the Town Annex;
    Fairgrounds Advisory Board is scheduled to meet on April 15 at 7:00 p.m. in Room A;
    Fall Festival Vendor Committee will meet on April 16 at 9:00 a.m. at the Town Annex;
The Grand Opening of the Justin Leavitt Memorial Skate Park will take place on April 17 at the skate park.  There will be a bar-b-que and live music for your enjoyment beginning at 10:00 a.m.;
Commissioners Cox and Trummell will hold their pre agenda workshop on April 17 at 2:30 p.m. in Room B;
Sheriff Tony DeMeo will hold his open forum from 1:00 p.m. until 3:00 p.m. on April 18 in the Hall;
Parks and Recreation Advisory Board will meet on April 19 at 6:00 p.m. in the Town Annex;
Pahrump Town Board Meeting
April 13, 2004

Nye County Commissioners will meet in Pahrump on April 20 at 8:30 a.m. in the Hall;
Emergency Services Advisory Board is scheduled to meet on April 21 at 7:00 p.m. in the Annex;
Arena Advisory Board will meet on April 24, at 8:00 a.m. at the Town Shop;
April 24, the Town Board will hold a Special Town Forum workshop to obtain public opinion regarding Pahrump Valley Fire-Rescue Service.   This will be held from 9:00 a.m. until 5:00 p.m. in the Community Center;
A celebration of Earth Day will be held at Honeysuckle Park on April 24, sponsored by the Nuclear Waste and Environmental Advisory Board.  The community is invited.  

Mrs. LeVar also announced that the Nevada State Office of Energy and United States Rural Development will hold a meeting on April 20 from 6:00 p.m. until 9:30 p.m. at the 4-H Building at the Extension Office and they will meet again on April 21 in Amargosa and in Tonopah also on April 21.  

John Pawlak gave some additional information on Earth Day and presented a flyer advertising the event and a list of those participating in the event.  

Patricia Cox provided information regarding the May 1, Clean Up Pahrump Day.

Ms. Cox announced the Chamber Business Expo is being held April 16-17 at Saddle West.

Patricia Cox also announced that her Coffee with Commissioner Cox held once a month on a Wednesday at 8:00 a.m. has been moved from Java Bees to Coyote Café.  

Jim Petell announced that the Tri Core Zoning revision will be mailed out on April 15 and people will have until April 30 to comment at which time it will go before the County Commissioners later on in May.  

“GOOD NEWS” REGARDIONG PEOPLE EVENTS, AWARDS, CELEBRATIONS OR OCCASIONS THAT REFLECTS POSITIELY FOR THOSE WITHIN THE COMMUNITY

O.J. Palmer, President of PRIP, Inc., reported that the Children’s Egg Hunt with the support of the Town boiled 6000 eggs, provided 11,000 plastic eggs and 20,000 pieces of candy which were taken to the Mount Charleston school where the entire fourth grade colored and stuffed the egg with the candy.  The hunt was held on Saturday, April 10 at Petrack Park where 350 children were on hand.  There were 50 baskets given away that were donated by community businesses.  Also provided were toy bunny rabbits and teddy bears also donated.

Mr. Palmer presented a certificate of appreciation to Jeanna Howard.  

PRESENTATION OF AWARDS

Paul Glidden asked this item be tabled until the next meeting as the recipient was unable to be present due to a prior commitment.  

Pahrump Town Board Meeting
April 13, 2004

DISCUSSION, ACTION AND DECISION REGARDING THE TORTOISE AND ENDANGERED SPECIES ACT VIOLATIONS IN PAHRUMP  

Dr. Jim Marble, Director of the Natural Resources Office for Nye County, presented a power point presentation and explained that the reason for his presence is that there is question before the County Commissioners whether or not to provide a service to the residents of the southern part of the county to facilitate getting permits under the Endangered Species Act (ESA).  Communications with the United States Fish and Wildlife Service (USFWS) indicate that very soon they will be forced to take an enforcement action against people in Pahrump for violating the ESA.  Dr. Marble’s presentation explained what the difference would be if the County did not participate.  The County Commissioners, some time ago, promised to look into developing a Habitat Conservation Plan (HCP).  This is necessary in order to receive a permit from the USFWS to protect people from prosecution.  The type of permit being looked at is a 10A permit which refers to a section of the ESA. It is the responsibility of the land owner to comply with the ESA and not the responsibility of the County to see that people comply.  Dr. Marble explained that a County wide permit will avoid the prosecution of residents, cost less per acre, avoid the cost of hiring a consultant, speeds the permitting process, and reduces the cost of future Bureau of Land Management Land (BLM) conveyances.  It would also reduce the initial development costs because you would not have to pay on all the property before receiving title which would encourage development.  Dr. Marble noted that the money for these permits does not go to the federal government.  It goes into a special fund that would be administered by the permit holder, the County in this case.  The money must be used in areas designated as critical habitat for the species.  The USFWS can delist a species in different recovery units.  Pahrump is in a different recovery unit than Clark County.  It is important to keep the funds in this area as it does us no good spending the money and improving habitats in other recovery units and have it delisted there while it stays listed here.  Dr. Marble explained that our recovery unit extends in the Amargosa, Pahrump and Piute Valleys.  The basis for different recovery units is genetic testing of the populations.  Critical habitats in our area are not in Nevada or Nye County.  Therefore, the money would be used to improve those habitat areas which could be an advantage.  If there were critical habitat in Nye County the land would have to be set aside for tortoise habitat and never be developed.  Problems to avoid are the funds going to a different recovery unit.

Dr. Marble recommended that the Nye County Board of Commissioners pursue a county wide 10A permit, assure that the efforts benefit the Eastern Mojave Recovery Unit, finalize the habitat conservation plan, prepare an ordinance, submit the application to USFWS, pass the ordinance and institute the mitigation efforts.   A point of interest is that Nye County has one of the highest numbers of sensitive species in the state.  An important thing to remember is that Nye County has no legal responsibility to acquire a 10A permit.  It is the legal responsibility of every land owner not to break federal laws.  However, Nye County can provide a service by acquiring a permit that will speed the process and reduce the cost for land owners and developers in southern Nye County.   

Dr. Marble said he came to the Town Board to inform the people of this issue and to get input for the Commissioners on whether there is support for them to go ahead with this since they are not required to do it.  



Pahrump Town Board Meeting
April 13, 2004

Jeanna Howard asked who Dr. Marble is representing.  Dr. Marble replied that he works for Nye County.  Jeanna Howard asked if he we here to represent Pahrump.  Dr. Marble said he was trying to get the word out there it is a possibility that people might be arrested in the near future by USFWS.  
Jeanna Howard stated that she feels people do not have a clue that they are violating anything.  Dr Marble replied that is part of the problem.  Dr. Marble said the reports from USFWS come from neighbors that are reporting that natural habitats are being disturbed which constitute an investigation by USFWS.  

Jeanna Howard asked if there have been any public service announcements through the media to educate the public about this.  Dr. Marble said he has talked with the Pahrump Valley Times and they will be coming out with some information.  Jeanna Howard asked if there was something Dr. Marble needed from the Town.  He replied that he needs an indication as to whether there is support from the Town Board for pursuing this permit through the County on behalf of the citizens.  

Richard Billman Motioned to draft a resolution in favor of this plan and send it to the Board of County Commissioners.  Jeanna Howard seconded the motion.  

Bill Green asked if he bought a piece of land now, would he be libel under this EDA.  Dr. Marble replied that any amount of land, however if the land was previously disturbed it would not be habitat.  Mr. Green asked if there was a map indicating where these areas are.  Dr. Marble said they have a rough map which was developed in anticipation of an ordinance which is one of the tasks necessary to identify which parcels are habitat and which are not.  Bill Green asked if the federal government goes out to oversee your property to make sure there are not tortoises there before developing it or is a fee paid to justify moving dirt.  Dr. Marble explained that the funds are used to increase the population in outlying areas to compensate for destroying where development is taking place.  

Dr. Marble pointed out that most housing developers place approximately six houses to the acre which amount to approximately $40 per house.  On larger parcels you would only pay on the disturbed portion of the parcel.  

Paula Glidden said this sounds like something that Pahrump has to look at because of the fast pace growth and should take this under advisement.  The Regional Planning Commissioner should be concerned as well and Paul Glidden suggested he make a presentation to them also.

Mike Cosgrove commented that he feels strongly that this should be pursued.  

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION REGARDING SCOPE OF SERVICES BY NEVADA BY DESIGN FOR SEWER SYSTEM PROJECT

Dave Richards explained that Nevada by Design was selected to submit a proposal for a septic system elimination project in this immediate area.  They submitted a comprehensive scope of services and indicate the cost would be $13,500 for preliminary design, and $8,620 for construction document preparation for a total of $22,120.  There are also some allowable fees that will have to be approved as those expenses are incurred.  Mr. Richards noted that a $20,000 grant has been approved
Pahrump Town Board Meeting
April 13, 2004

by Nye County for this project and any additional expenses will be paid by the Town from Professional Services line item.  Funds are budgeted and available for this project and it is Mr. Richards’s recommendation that the Board approve the scope of services as proposed for $22,210 plus allowable additional expenses.

Richard Billman asked if this is just to get things ready to do the work.  Dave Richards replied that was correct.  Mr. Richards noted that the costs for actual work have not been determined and will be included as part of this proposal.  

Richard Billman Motioned to accept the proposal as outlined in agenda Item #7.  Jeanna Howard seconded the motion.  

Bill Green commented that he would like to find out what the State feels the viable septic systems can hold in the valley.  Dave Richards explained that the project does not include an impact study of septic systems in the valley.  It is only for the designed engineering project for the property that the Town and County own along Highway 160.  

Vote passed 4 – 0.  

DISCUSSION, ACTION AND DECISION REGARDING REMAINING MOVING EXPENSES FOR TOWN MANAGER

Paula Glidden clarified that Dave Richards was asking for the additional amount of moving expenses.  Mr. Richards stated that the remaining balance is $2,258.05.  

Charlotte LeVar Motioned to pay the remaining balance of $2,258.05.  Richard Billman seconded the motion.

Jeanna Howard asked if this was the remainder of what is owed to Dave Richards.  Dave Richards replied that it is actually what is owed Mayflower Transit.  Ms. Howard asked if this was the amount committed via negotiations.  Mr. Richards stated that the negotiations, what was agreed to, were a bit ambiguous.  The agreement said 70% or an amount to specified, Mr. Richards replied, and he did not know what that meant.  Jeanna Howard asked if when a payment was made, it was made with the pretense that we agreed to 70% and that is why the Town paid $5,268.  Dave Richards said he believes that is why it was paid.  

Charlotte LeVar commented that the selection committee had discussed $10,000 or less and that is where they came up with certain figures.  No one had any idea what moving expenses would be as it depends on how many rooms of furnishings is being moved.  Paula Glidden agreed.  Richard Billman asked if it was customary to pay moving expenses.  Ms. Glidden stated that we have in the past.  Jeanna Howard asked if 100% of the moving expenses were paid in the past.  Ms. Glidden acknowledged that they were.  Ms. Howard asked for clarification that the hiring committee agreed as she was not involved with that process and if this was after the fact she has an issue with it.  Paula Glidden agreed with Mrs. LeVar and Mr. Richards that the agreement was ambiguous.  Ms. Glidden said that the selection committee did agree on 70% but anticipated moving expenses to be about $7,500.  

Pahrump Town Board Meeting
April 13, 2004

Vote passed 4 – 0.  

DISCUSSION, ACTION AND DECISION REGARDING GOING TO BID FOR FIRE HOSE

Chief Lewis stated that he is requesting to go to bid for the purchase of fire hose for two new engines that are due the end of August.  Scott Lewis explained that this is part of a grant process that he learned about a few months ago that $10,000 was available through a USDA grant.  In the process of apply for those funds; three quotes for the purchase of the hose had to be provided.  The grant was awarded based on those quotes and the money received approximately 2 weeks ago.  There is a window period of forty-five days to show the purchase.  Chief Lewis requested that the Board allow him to proceed with the bid process.  The total cost of the hose will be approximately $18,500.  This will be paid from $10,000 from the grant and $9,000 be paid from the fire general fund which does have the funds available.  

Richard Billman Motioned to go out to bid for the fire hose.  Charlotte LeVar seconded the motion.

Jeanna Howard asked if the agenda item is requesting to go out to bid.  Chief Lewis noted that there are estimates but due to the dollar value being requested from the general fund would necessitate a bid process.  

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION REGARDING REQUEST TO BID BALL FIELD LIGHT TIMERS

Dave Richards explained that there were a number of quotes received for light timers to determine if there were funds to do this project.  From these quotes it has been determined there is money to do the project and Mr. Richards requested that the Board allow this project to go to bid for timers on the lighted fields at Honeysuckle Park, fields 1 and 2.
 
Richard Billman Motioned to go to bid for timers for outdoor lighting on our fields.   Charlotte LeVar seconded the motion.  

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION REGARDING PURCHASE OF A 2002 FORD
F-150 FOR BUILDINGS AND GROUNDS DEPARTMENT

Dave Richards explained that Matt Luis is requesting approval to purchase a 2002 Ford F-150 pick up truck to replace a 1991 truck of the same make and model.  Funds are budgeted and available and recommending approval of the purchase.  

Jeanna Howard Motioned to approve the purchase of a 2002 Ford F-150 for Buildings and Grounds.  Richard Billman seconded the motion.


Pahrump Town Board Meeting
April 13, 2004

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION REGARDING FIRE TURNOUT GEAR DONATION TO MANHATTAN, NEVADA FIRE DEPARTMENT

Tim Leavitt explained that he was in Round Mountain, Nevada for a tour of the mine and on the way home he visited Manhattan, Nevada.  Mr. Leavitt said that he was taken on a tour of their fire department.  Tim Leavitt noted that this Manhattan Fire Department has approximately 16 volunteer fire fighters and only two sets of turn out gear.  They have been asking for more gear but have been unable to receive any.  Mr. Leavitt said he spoke with Dave Richards concerning this and asked that he discuss this situation with Chief Scott Lewis.  Tim Leavitt said that he was told that Chief Lewis would go through their inventory and see if there are any items they can excess.  Chief Lewis has provided a list of items that include some turn out gear.  Mr. Leavitt encouraged the Board to make a policy to fax the excessed list in the future to the rural communities in Nye County.

Paula Glidden commented that this would be an admirable thing the Town could do.

Charlotte LeVar Motioned to donate the turnout gear to Manhattan, Nevada.  Richard Billman seconded the motion.  

Mr. Richards commented that it would be appropriate to designate the list of equipment as excess and also require the signing or approval of the waiver of liability and hold harmless agreement and include this as part of the motion.

Charlotte LeVar revised her motion to include the recommendation by Mr. Richards.  Richard Billman amended his second.  

Chief Lewis stated that he spoke with Dave Richards and the hold harmless has already been prepared by Cristina Hinds and that everything is ready to go.  Scott Lewis said he has been in contact with Mr. Olsen from Manhattan.  

Vote passed 4 – 0.

DISCUSSION ONLY REGARDING COMMUNITY CONCERNS REGARDING OWNER ABANDONMENT OF PROPERTY PERTAINING TO WEEDS RELATED TO LAKEVIEW GOLF COURSE

Jeanna Howard explained that a letter was received and the reason for being placed on the agenda is to give the property owners an opportunity to speak before the press and the community.  The Town is limited as to what it can do.  Ms. Howard noted that the fire department has been approached for assistance and because it is private property they cannot access private property and help with the fire hazard that has been verbally declared by the homeowners.  Jeanna Howard stated that she asked Mr. Shaw to come to this meeting and address his concerns.  Ms. Howard said she asked that the Chairman of the Regional Planning Commission be present to add comments.  

Pahrump Town Board Meeting
April 13, 2004

Doug Shaw, property owner living on Lakeview Golf Course, stated that the course has not been watered since October 2002 and officially closed the course 2003.  There has been no maintenance done there Mr. Shaw reported.  Mr. Shaw said he is concerned at the condition of the course as it presents a fire hazard with a lot of dead grass and the trees are starting to die.  Doug Shaw said he contacted the State Fire Marshall regarding regulations and was told there were none and that Mr. Shaw should contact the Town.  Doug Shaw explained that he contacted Chief Lewis and was told there are no ordinances that can be enforced to reduce the fire risk.  

Paula Elefante said she has no solution to the problem and added that the current owners are letting the property die possibly thinking they can develop it for more housing.  Ms. Elefante noted that on the land use map that property is designated as a golf course, parks or open space.  For the owners to change the land use designation, they cannot leave it sit and one day pull a permit.  They would have to apply to have the land use changed from open space parks and golf course to whatever they wish to see it become.  Ms. Elefante announced a rumor that the property sold this day.  

Paula Glidden asked Mr. Shaw if he has talked to the owners of the golf course.  Doug Shaw replied that he has had some communications with the owner and they indicate they have no intention of doing any maintenance on the property.  Paula Glidden stated that she knew of some offers for sale but was not able to confirm if the property was sold.  

Jeanna Howard requested a short break.

TOWN MANAGER’S REPORT

Mr. Richards stated that staff is looking forward to the May 20 Final Budget hearing and he is continuing to work on narratives for the budget and minor changes to the numbers.

Dave Richards reported that the Town is completing projects budgeted for 2004 and hoping to get done what they can within the budget.  

Items that continue being worked on include the audit management recommendations are still under review.  Dave Richards reported that he has met with the auditor on two occasions to clarify issue he raised in his recommendations and also to get recommendations from him on how better to address them.

Mr. Richards said he will be preparing a resolution for the business license fee of $50 for this next fiscal year.  This will include an appropriation for a part time enforcement officer.  

There have been two meeting of the employee health care committee Dave Richards stated.  This committee has met with the consultants and will look forward to a July renewal for health care coverage.  Mr. Richards noted that he feels it has been very beneficial to the employees to get an understanding of the process the consultants need to go through to get renewal for the Town.  

Dave Richards reported that Fire-Rescue labor negotiations continue.  There have been two meetings with the International Fire Fighters Association (IAFF).  The current status of the negotiations will be discussed in the closed session later during this meeting.  
Pahrump Town Board Meeting
April 13, 2004

Mr. Richards reported a report has been received regarding the mitigation of the mold and flood damage repairs at the Town Office and a quote from the insurance investigator who put together a proposal for the mold remediation and the cost of the mold remediation exceeded the cost of the reconstruction or remodeling of the flood damage.  Dave Richards said he has asked the insurance company to review the proposal and they have agreed to do that.  A proposal for the Board to consider should be available by the next meeting for repairs and mold remediation.  

Dave Richards said that the Taxation workshop has been mentioned.  This will be with Carol Vilardo, President of the Nevada Taxpayers Association.  This workshop will include the Town Board, Town Staff; department heads of the County administrations as well as the County Commissioners have been invited.  This meeting is April 21 from 9:00 a.m. until noon.  

Richard Billman asked Mr. Richards about the health care insurance situation and are we looking beyond our current providers.  Dave Richards responded that we are looking at other providers and other benefit programs.  

Paula Glidden asked how this is being done and if we are using someone other than our current broker. Mr. Richards stated that only two consultants indicated an interest in providing this service.  Both are being used.  The intent is to get the best quote from either one of them through the competitive process, Dave Richards explained.  The current consultant as well as A & H Insurance is both working to get the Town coverage quotes with various options to be considered by the committee.  Mr. Richards noted that quotes are being obtained through confidential health histories and loss history over the last eight to twelve months.  

Richard Billman asked if a consultant is the same as a broker.  Mr. Richards replied yes.  

Charlotte LeVar said she realizes that her item is a housekeeping item but asked if it was possible for Mr. Richards to switch office with Peggy Warner so he may have a private conference room when meeting for various reasons.  

Mr. Richards replied that it is possible and some housekeeping would result from a move of this nature.  Dave Richards said he would be willing to discuss the potential move with Peggy Warner.  

Jeanna Howard asked about his report which included ambulance billing practices and procedures and engaging in another collection agency.  Ms. Howard asked if he was looking at the potential of two collection agencies.  Mr. Richards responded that both this item and the one following on his report are on hold until the Town meeting are held on April 24, but are not limiting it to any one agency that might do collections for the Town.  Dave Richards said we would have only one agency.  Jeanna Howard asked for clarification that we are not pursuing having two collection agencies.  Dave Richards stated that we have one currently and are not looking to add a collection agency but in fact, have one agency.  Ms. Howard asked if the Town is receiving reports from the current collection agency on what they are collecting, how they are collecting it, and their percentages.  Mr. Richards replied that he believes the Town is getting monthly aging reports.  Ms. Howard requested that the Board receive at least a quarterly report so the Board can review the activity.  Dave Richards replied certainly and said it was a reasonable request.

Pahrump Town Board Meeting
April 13, 2004

Jeanna Howard stated that she knows we are in the middle of budget, but she has received a phone call concerning the enforcement of the business license.  Ms. Howard asked if the business license issue can be fast tracked back to the Board so we can do what is needed to get the compliance officer and start enforcement.  Mr. Richards said he would work on this.  

Paula Glidden referred to the website launch and review and noted that it was brought to her attention that the link to “West Side of Charlie” actually generated some money.  Ms. Glidden noted that Mr. Richards is looking into linking businesses with the website and a possible fee for that to generate money for the Town.  Ms. Glidden said she thinks that is great.  

Paula Glidden asked about the skate park and noted that the contractor was meeting again with the Town on Wednesday.  Cristina Hinds explained that she spoke with Mike Witsett on Monday and was told he would be at the skate park on Wednesday between 7:00 a.m. and 8:00 a.m.

ADVISORY BOARD REPORTS

Jeanna Howard asked if there was anything the Town Board would like said or presented at the Regional Planning Commission on April 14.  Ms. Howard said she will be asking this at future meetings.  

Charlotte LeVar reported that Dr. Marble attended the Public Lands Advisory Board meeting and brought to mind some questions concerning the area of the Last Chance Park.  Mrs. LeVar stated that this project has been put on hold until they find out what has to transpire concerning the Endangered Species Act and the 10A permit.  

Sharon Werhly reported that the Emergency Services Advisory Board, for the last year plus, has been working on the Emergency Management Plan for the Town.  Currently it is approximately 95% along and have two modules that have not been started (the financial module and the weapons of mass destruction module).  Ms. Werhly said they will be moving forward on these as she now has templates for them.  

DISCUSSION, ACTION AND DECISION REGARDING WATER RIGHTS FOR FAIRGROUNDS

Paula Glidden explained that the Town went to bid for water rights and a letter was received from the group selling their water rights saying they withdrawing their offer.  Ms. Glidden said we waited too long, we are going to pay a lot more for water rights, and there are no more water rights to be bought.  Therefore, the Fairgrounds Advisory Board is going to have their hands tied as well as full.  They will have to go out and look for more.  Ms. Glidden noted that in the year, since October, the real estate market has gone crazy and is continuing.  Paula Glidden stated that the Town should not have dragged their feet.  Paula Glidden asked what do we do, do we move forward, do we support the fairgrounds, and do we attempt to find water rights.  

Charlotte LeVar said we apparently have to go back out to advertise.  Ms. Glidden agreed.  Paula Glidden said we need to go out to bid to see what is out there because its going to come down to buying little bits and pieces of water rights instead of the groups that used to be out there.  Many of
Pahrump Town Board Meeting
April 13, 2004

the water rights that are out there but are owned by individuals that do not need to sell them.  Ms. Glidden suggested that a plan needs to be developed by the Town.  

Richard Billman asked if there were any penalties for withdrawing.  Cristina Hinds explained that they withdrew their offer prior to the Town’s acceptance.  

Jeanna Howard Motioned to request that staff go out to bid for water rights as soon as possible.  Richard Billman seconded the motion.  

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION REGARDING NAME CHANGE FROM EMERGENCY SERVICES ADVISORY BOARD TO EMERGENCY MANAGEMENT AND HOMELAND SECURITY ADVISORY BOARD

Sharon Werhly explained that at the February 25, 2004 meeting of the Emergency Services Advisory Board they had discussion concerning the name change to better focus on what they are actually doing.  This will give the public a better definition of what this advisory board is all about.  Ms. Werhly stated that it would be appreciated if the Town Board would see clear to change the name to Emergency Management and Homeland Security Advisory Board.  

Jeanna Howard Motioned to approve change in name from Emergency Services Advisory Board to Emergency Management and Homeland Security Advisory Board.  Richard Billman seconded the motion.  

Mac Frank commented that he was concerned with the name using Homeland Security.  Mr. Frank stated that he felt it was loss of freedoms, rights, and civil rights which have been placed upon the citizens under the guise of Homeland Security.  

Jeanna Howard explained that the advisory board put together a disaster plan so that there are modules and documents in place so they know where to go, what to do, and who is to do what for the safety of the community.  It also avails them for certain grant opportunities by having this in place.  It is not to impede on the people and is to keep them safe in a controlled environment with a master plan if there is a disaster.  

Vote passed 4 – 0.

DISCUSSION ONLY REGARDING SIMKINS PARK

Charlotte LeVar asked that this be placed on the agenda to clarify the use of Simkins Park.  Mrs. LeVar noted that at one time the Board stated this was going to be a passive park.  Charlotte LeVar said she felt we are missing the boat on this park due to fact that it is not being utilized to its fullest potential.  Mrs. LeVar asked that staff place an agenda item for the next meeting to revise the Simkins Park and be able to put in soccer fields or something of that nature and to look at the lighting.  

Pahrump Town Board Meeting
April 13, 2004

Matt Luis explained that the Town is in desperate need of playing fields due to the growth of all the sporting groups.  Mr. Luis noted that there is no park that we can develop or grow in.  Matt Luis stated that they have looked at Blosser Park and the problem there is the power.  There is no three phase power for lighting.  Mr. Luis said that Simkins Park is the most logical park that can be used and to grow as there is some land there yet undeveloped. Mr. Luis asked if there was some way the Town can get moving on making Simkins Park a small sports complex.

Charlotte LeVar asked if there were any legal ramifications to be looked at by the Attorney concerning the use of the park.  Mrs. LeVar said she recalls no restrictions except for the name which must remain.  Cristina Hinds said she would look into the matter.  Matt Luis said he looked at the deed and there are no restrictions.  Mr. Luis noted that there was a reference to the use of the park at a Town Board meeting in 1996.  

Paula Elefante commented as a point of information that there is a 72 home development going in on the lot next to the park.  Mrs. Elefante stated that it would be a welcome addition to homeowners in that area.  This could become a high use park.

O. J. Palmer commented that he was Secretary of the Parks and Recreation Advisory Board in 1999 at which time the Board tried to change the use.  In 2000, he was Chairman of Parks and Recreations at which time he said he met with the Simkins in the Town Office and there is an agreement between the Simkins and this Town that that can only be a passive park.  No lights, no ball fields were agreed to.  Mr. Palmer said he met with all the people there and the Simkins who said they would take legal action if you do anything else other than what the agreement says.  Mr. Palmer said he found all of the paper work in the Town office.  It is not on the deed but there is an agreement that it say a passive park.  This has been an issue before.  Charlotte LeVar asked that Mr. Richards be given that information.  Mr. Palmer said he does not have the information and that it is in the Town office.  O.J. Palmer said he worked with Peggy Warner to find out the information.  Mrs. LeVar instructed Dave Richards to get with Mrs. Warner and look at the records.

Dave Richards said they have already done that prior to this meeting and asked Peggy Warner for any and all information related to Simkins Park.  Mr. Richards stated that we went through the file and looked at everything there.  The only information that could be found that limits the use of the property is the motion that the Town Board made to limit it to a passive park.  Mr. Richards said there was not evidence of any written agreement or any restrictions on the deed.  Dave Richards stated he would supply the Board with the complete file if they like, but did copy the materials relevant which were the Board minutes, the deed, and something else.  Nothing like what Mr. Palmer is referring to was found.  

Charlotte LeVar asked if Mr. Palmer had seen the document he referred to.  Mr. Palmer replied he did and that was the reason for the vote to make it a passive park.  O.J. Palmer suggested someone contact the Simkins or the homeowners association there and they have the agreement.  

Charlotte LeVar stated this is a new place and new time.  Mrs. LeVar asked that Mr. Richards contact the Simkins.  


Pahrump Town Board Meeting
April 13, 2004

DISCUSSION REGARDING JOINT MEETING OF TOWN BOARDS AND TOWN ADVISORY BOARDS OF NYE COUNTY

Charlotte LeVar explained that she was contacted by Beatty who wishes to have the next joint meeting.  Mrs. LeVar noted that Beatty held the last one as well.  Charlotte LeVar said she has no problem with them holding another one and from that point on maybe a schedule could be set up where we would be able to have joint meetings at the pleasure of this Board.  Mrs. LeVar said she has not responded to Beatty at this time.  

Paula Glidden asked for recommendations from the Board.  Paula Glidden said she did not receive the memo and asked if Beatty was asking that the meeting be moved around.  Charlotte LeVar said she would prefer moving them around as it would be nice to be able to go to another host community, whether it is quarterly or bi-yearly.  Paula Glidden suggested that Charlotte LeVar stay in contact with Beatty and bring a recommendation to the Board.  

Charlotte LeVar asked for an agenda item for the next meeting to make a decision concerning this.

CONSENT AGENDA ITEMS:
A.    Action – approval of  Town vouchers
B.    Action – approval of Town Board minutes of March 23,2004

Richard Billman Motioned to accept the Town Voucher for payment and approve the Town Board minutes of March 23, 2004.  Charlotte LeVar seconded the motion.  

Vote passed 4 – 0.

PUBLIC COMMENT

Bill Green commented that at the skate park there is a major problem with gang activity and drug abuse.  There has been an incident that someone has gone down to the skate park and beat a kid with a baseball bat.  The police were called and never did anything about it.  Mr. Green had concerns that the kids will not be going there if this activity continues.  Bill Green stated that there have been numerous calls to the sheriff’s department.  One child  was beaten up and the police told him to go and beat the other kid up himself.  Mr. Green asked that the Town Board look at a major problem at the skate park.  

Paula Glidden said that she personally will look into this matter.  

Ken Treat commented on the street lights on Calvada Boulevard and stated he brought this to the attention of the Town Board a couple weeks ago and that he still sees nothing happening concerning the street lights.  Mr. Treat asked what he needs to do next in order to get someone to apply to Valley Electric for power for the street lights.  

Jeanna Howard asked if he was referring to lights already established that are not illuminated.  Mr. Treat replied that those are the lights and that they have been given to the Town and the Town is leaving it self open for lawsuits.  Jeanna Howard asked Mr. Richards to look into what Mr. Treat is
Pahrump Town Board Meeting
April 13, 2004

addressing.  Paula Glidden asked which lights where given to the Town.  Richard Billman replied that these are the lights on Highway 160 and Calvada Boulevard.  Mr. Billman asked Dave Richards if they are our lights.  Dave Richards replied that this was the first he heard that they were the Town’s lights.  Paula Glidden stated that the strip belongs to the County and the Town has no jurisdiction there.  Ken Treat stated that the County Commissioners have informed him that it is the Town’s responsibility to provide street lights in the township of Pahrump.  Jeanna Howard stated that we went through this recently with wanting to put a logo on the waterfall and was told then it was not within out jurisdiction.  Ms. Howard stated that Mr. Richards would look into this and possibly have some information by the next meeting.  

Mr. Treat commented on that clean up day is rather ridiculous in that a group of people have to go around and clean up after people who choose to throw stuff in the streets, etc.  Ken Treat asked how the town can adopt a trash bin such as they have in Texas and direct the Sheriff to issue summons to those who continue to through trash out of their cars.  

Ken Treat also commented that he would like a rule regarding wearing hats at these meetings.  

Cheryl Marr, Kids on Wheels, said her son was one that helped defend some other kids being beat with baseball bats.  Mrs. Marr explained that kids are coming to the skate park and deliberately going after other kids with baseball bats.  Cheryl Marr asked if there was some way to get Tony DeMeo on the agenda to specifically take care of this problem.  Mrs. Marr said her son was the one attacked at another location for being present at the skate park the day the beating took place and was accused of being a snitch.  Cheryl Marr continued that when the sheriff was called it took a long time for them to get there and they were asked by dispatch if they were sure because the sheriffs cannot do anything about this.  The officers that came to her house said there is nothing they can do about it.  Mrs. Marr said this is a group of kids that go to the skate park not looking for trouble and are threatening to take matters in their own hands as the sheriff’s department is doing nothing.  

Paula Glidden said she will talk to the Sheriff to try to get them to do something.  Ms. Glidden said we cannot make any judgment for the sheriff and the County but can encourage them to do something.  

Cheryl Marr relayed some information that appeared on Channel 41 and Sheriff DeMeo said he has had no complaints about the skate park.  

Charlotte LeVar commented that on April 18, Sunday, between 1:00 p.m. and 3:00 p.m. here in the Community Center, Sheriff DeMeo will be holding his open forum.  Mrs. Marr said she would be there.  

Jeanna Howard commented that it was ridiculous that the Board does not know about any of these incidents.  Mrs. Marr relayed some information regarding the drug pushing going on as well.  Ms. Howard suggested calling a meeting with some of the parents and kids and taking some ownership a little more with all those involved.  

DISCUSSION, ACTION AND DECISION REGARDING CLOSURE OF MEETING PURSUANT TO NRS 241.030 AND 241.033 AND 288.220(1-4) AND 241.015.2(b)(2) FOR
Pahrump Town Board Meeting
April 13, 2004

PURPOSES OF CONFERRING WITH TOWN’S MANGEMENT REPRESENTWATIVE REGARDING LABOR NEGOTIATIONS

Richard Billman Motioned to close the meeting.  Charlotte LeVar seconded the motion.

Vote passed 4 – 0.  

CLOSED MEETING

DISCUSSION, ACTION AND DECISION REGARDING LABOR NEGOTIATIONS DISCUSSED IN CLOSED SESSION

There were decisions to be made regarding labor negotiations at this time.

ADJOURNMENT

Paula Glidden adjourned the meeting.

Respectfully submitted,



Charlotte LeVar, Clerk


cc:    Town Clerk                    
Nye County Treasurer            
Town Board                    
Nye County Planning
Nye County Commissioners            
Nye County Clerk    
Cristina Hinds                    
Dan McArthur        

/cw

 


Backup

There is no backup posted for this meeting.