Agendas & Minutes

April 26, 2005

TUESDAY – 7:00 P.M.
APRIL 26, 2005



1.    Call to order

A.    Pledge of allegiance
B.    Welcome

2.    Discussion regarding agenda items.

3.    Announcements.

4.    Public Comment (Acton may not be taken on matters considered during this period until specifically included on an agenda as an action item (NRS241.020(2)(C)(3).

5.    Discussion, action and decision regarding a support letter for Bill Draft Request that government entities do not have to have water rights for public uses such as parks, schools, government buildings, etc.   Harley Kulkin/Laurayne Murray

6.    Discussion action and decision regarding a main street improvement program for Frontage Road to include improved parking, landscaping, design and appearance of physical structures.   Paula Elefante/Ed Bishop

7.    Discussion, action and decision regarding adoption of “Heart of the New Old West” as official slogan for the Town.    Paula Elefante/Ed Bishop

8.    Discussion, action and decision regarding Town Board approval to purchase two replacement ambulances from $200,000 General Fund Transfer allocation.  Chief Lewis/Town Manager

9.    Discussion, action and decision regarding giving the Town Manager the authority not to spend more than $13,500 per acre feet of water rights and not to exceed $300,000.  Ed Bishop

10.    Discussion, action and decision regarding recommendation on awarding Bid #2005-02 – Programmable Pool Chemical Automation System.  Matt Luis/Town Manager

11.    First reading of amendment to Pahrump Town Ordinance #3 – Brothel Ordinance.  Town Attorney/Ed Bishop/Paul Willis

12.    Discussion, action and decision on Resolution #2005-16 - To establish a new bank account for Fire Inspection Fees at Nevada State Bank.  Town Manager

13.    Discussion, action and decision regarding direction to Town Manager to seek appraisals for property requested by Nye County School District.  Ed Bishop

14.    First reading of Pahrump Town Ordinance #49 – Repealing PTO #41.  Town Attorney/Paul Willis/Ed Bishop

15.    Discussion, action and decision regarding Resolution #2005-17 -Appointment of Enforcement Officer for the Town of Pahrump.  Town Manager

16.    Town Manager’s Report

17.    Advisory Board Reports

18.    Consent Agenda Items:

A.    Action – approval of Town vouchers
B.    Action – approval of Tentative Budget Hearing minutes of March 28, 2005
C.    Action – approval of Town Board meeting minutes of April 12, 2005
D.    Action – ambulance billing write offs

19.    Discussion, action and decision regarding closure of meeting pursuant to NRS241.030(2) and 288.220(1-4) for purposes of conferring with the Town’s management representatives regarding labor negotiations, issues and other personnel matters.

20.    Closed session, pursuant to NRS 288.220(4) for purposes of conferring with the Town’s management representatives regarding labor negotiations, issues and other personnel matters.

21.    Discussion, action and decision regarding matters discussed in closed session.

22.    Adjournment.


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.



PRESENT:                        ABSENT:
Richard Billman                    Ed Bishop
Laurayne Murray    
Paul Willis


Chairman Richard Billman called the meeting to order and led in the pledge of allegiance.  Mr. Billman welcomed all those in attendance.  


Chairman Billman suggested moving Item #5 (Discussion, action and decision regarding a support letter for Bill Draft Request that government entities do not have to have to have water rights for public uses such as parks, schools, government building, etc) to follow Item #8 (Discussion, action and decision regarding Town Board approval to purchase two replacement ambulances from $200,000 General Fund Transfer allocation.).

There were no objections to this change.  


Mr. Billman asked that before getting started he explained that there is a three person Board for this meeting.  Richard Billman noted that Mr. Bishop was in the hospital.  Mr. Billman explained that every vote that passes will be a unanimous vote.  There will be some Ordinance readings this evening.  The comments will be taken during Public Comment so that everybody that would like to say something can.  And, please keep it to the three minutes if you can.  Thank you.

Laurayne Murray announced the following:

    Fall Festival Entertainment Committee will meet on April 27 at 6:00 p.m. in the Annex;
    Fall Festival Carnival Committee will meet on April 28 at 4:30 p.m. in the Annex;
Fall Festival Rodeo Committee is scheduled to meet on April 28 at 7:00 p.m. at the Town Shop;
Parks and Recreation Advisory Board will meet on May 3 at 5:00 p.m. in the Annex;
The Board of County Commissioners will hold a budget workshop May 4 and 5 at 8:30 a.m. in the Community Center Room B;
Tourism Advisory Board will meet on May 5 at 8:00 a.m. in the Annex;
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Nuclear Waste and Environmental Advisory Board is scheduled to meet on May 5 at 7:00 p.m. in Room A.

Paul Willis announced said he would like to ask everybody, and remind everybody that it is a volatile fire year with all of the weeds that we have around, and to help out our fire department.  Make sure you get your weeds cleared out around you housed for your own safety and protection.  Mr. Willis said it is going to be a very volatile fire year, so everything that we can do will help.  

Sally Devlin announced that on May 4, the Pahrump Arts Council Choir and group of high school singers will perform a free program at the Community Center at 7:00 p.m.

Ms. Devlin announced that Toastmasters will meet on May 4 also at 6:30 p.m.

The Friends of the Library will meet on May 7 at the Library as they will have a special speaker, Ms. Devlin reported

Sally Devlin announced that she received information from Nevada Department of Transportation (NDOT) regarding some chip sealing and paving to be done on State Route Highway 160.

Patricia Cox gave an update on the Pahrump Clean Up Day scheduled for May 7.  Ms. Cox gave information on where to sign up for this community project and noted that they would receive a free T-shirt for their efforts.  Sign in will be from 7:00 a.m. until 4:00 p.m. in the Town Annex.

Jim Petell announced that on April 28 at 8:30 a.m. the County Commissioners will teleconference a meeting concerning hiring a water attorney expert for the benefit of Nye County’s water rights.  They will also be discussing the issue of tonight’s agenda item #5.  Mr. Petell stated his concerns regarding teleconferencing of short notice of meetings.

Paula Elefante announced that there will be a Chili Cook-off on May 14.

Victoria Balint, Work Force Development Director for the Pahrump Valley Chamber of Commerce, announced they are opening the Nevada Job Connect.  The public is invited and would like to have the Town Board members present.  The Open House will be May 7, 3:00 p.m. until 6:00 p.m.   A barbeque will follow the ribbon cutter ceremony.  Many dignitaries will be present for this event.  Ms. Balint gave a special thanks to the Town for their efforts and many other entities involved in the project.  Victoria Balint gave a special thanks to the Town Manager for giving the direction to Matt Luis.  Without their help the Calvada Eye weeds would be tremendous and hoped she could count on them in the future.

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Richard Billman noted that action will not be taken on any matters considered during this period until specifically included on an agenda as an action item.  The Ordinances that are on the agenda are not action items, so you may feel free to comment on them.

Jim Petell:    Good afternoon, good evening I mean, Jim Petell, citizen, taxpayer and voter.  I would like the Town and the Town Board to understand the Pahrump Medical Center situation.  A request was made to Senator Reid, by me to find out what the situation entails for the money that he gave to the PMC, and where it is.  I’ve asked for accountability to our County Commissioners and our County Manager. I’m waiting for a response.

The next one I’m going to talk about the sewer district problem that we’re having with the Public Utilities and Utilities, Inc.  Now I did call Utilities, Inc. through the Public Utilities Commission and their plan is stated as it was in the paper last Wednesday that the million gallon tank will be siphoned off at capacity.  That will be brought to another utility and that the people that have to hook up will pay $400 a month which to have it pumped out by Joe’s or anybody, an average of $600 to $650 so it will be cheaper.  And if it goes over the January due date the refund will get back to the people that have to pay this added expense.  

The next one is the Capital Improvements Plan (CIP).  As we well aware know that we are 40% below the curve.  And that is a direct quote from Mr. Tischler.  I want the public and everybody to know that we are behind the eight ball with the developments that are coming in here for capital improvements and that is our sewer, fire, sheriff, parks and recs, etc.   Thank you.

Tim Hafen:    Mr. Chairman, members of the Board, my name is Tim Hafen and I’d like to address, since you mentioned earlier that Ordinance items will not be discussed except under public comment.  I’d like to take this opportunity then to discuss why the way I feel about Item #11 which is the first reading of amendment to the Pahrump Town Ordinance #3 – the brothel ordinance brought by Ed Bishop and Paul Willis.  There is absolutely, you know you have to look behind why these items come forth.  There is absolutely no reason for this ordinance; there is no requirement that you discuss this.  I was told, well it brings in conformity with the master plan.  Well, it really doesn’t matter whether you do or whether you don’t.  So there is no burning issue there.  The only issue as I see it is if you will read carefully, the ordinance, it says, “whereas” (this is the third paragraph down in the whereas'), given the change in circumstances of the Nye County Brothel Ordinance, the Town Board finds that it is no longer necessary or desirable for the Town to regulate brothels and or houses of prostitution within the Town boundaries and wishes to leave this matter to Nye County’s discretion.”  So therefore the Town hereby ordains as follows.  And this would be exclusion to the ordinance that prohibits prostitution within Pahrump.  It says this ordinance shall not apply to any person working in duly licensed houses of prostitution as defined by the Nye County Code 9.20.020 nor shall it prevent any licensed brothel and/or house of prostitution from operating from within the Town limits so long as said business is otherwise in compliance with all applicable laws.  Meaning that this is
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very narrowly draw in my opinion so that only those licensed brothels that exist in Nye County today could move into Pahrump into the area zoned as industrial/sexually oriented business areas of which there are several.  Notably one of them I can think of is just east of Mountain Falls adjacent to the new community college land, which I think would be a great entry to Pahrump to have that, you know, a lot of red lights and neon flashing there.  I just think this is so ill advised.  The only one it would help would be Joe Richards and possibly the brothel at Beatty and possibly the brothel at Sarcobatus.  Now I noticed that the one at Beatty is for sale.  And that might be a great opportunity for somebody to buy that and move it down here because this ordinance says it shall only be, the exclusion only applies to those that are duly licensed under Nye County code.  I just think this is, you know, to open up the whole Town to prostitution, houses of prostitution, is something I violently object to.  We have, they are down there, and as long as they operate at a low profile and are a good community neighbor, I don’t object to that.  It isn’t prostitution I object to.  It’s the way some of these things are done.  So I would suggest that you make a motion tonight just to give Item, not to even hear the First Reading.  And just dispense with the proposed amendment to that ordinance.  Further, I’m going to object, and I’m going to put Paul (Willis), I’m going to put you on notice that I believe that since you’re a sponsor and you will be a chance to vote on this ordinance if it gets that far, I’m going to put you on notice that I’m going to object that you have a conflict of interest because you’ve worked with for Joe Richards previously.  And I believe you have done a lot of consulting work for him and I just believe that that’s strictly a conflict of interest.   Thank you

Jane Wisdom:    Good evening Mr. Chairman, Board members, the press and the public.  I’m here rising in opposition to the agenda Item #11 which is the Town Ordinance #3.  As a former Town Board member, I remember all too well the problems we faced on this in 2000/2001.  I’m not sure which year it was.  And as a mater of fact, the Town and the Town Board members of that time are still parties being sued by a brothel owner who wanted to place a brothel within Town boundaries.  That lawsuit is still open; very much alive and all parties are prepared to go to the wall so that doesn’t happen.  I ask you, how you can in all good conscience bring this up again when the first proposal has not been settled yet.  As I read this proposal, if passed, it would cause the Town to have no control on prostitution, on the street walkers, the pandering, and the sex in cars.  Pahrump, a growing community, would gain a reputation as a brothel capital of the State or nation.  Zoning for a red zone was provided for adult book stores and etc., and was kept in the areas of the County brothels and industrial areas.  The gentlemen’s castle on 160 at Homestead has caused property values to drop in that area.  Allowing brothels in the Town boundaries would lower real estate values and other areas if allowed to open.  And I urge you to reconsider this issue and vote it down.  The community, our neighbors, our families, our Town is counting on you to do the right thing and to vote against this issue.  Prior to my leaving to come here tonight I had a call from an individual that wished to remain unnamed as to what he felt was a solution to this and he said if we were to draw, redraw the Town lines around Joe Richard’s property, and give Joe Richards property to the County, that would solve the problem.  I’m not advocating it; I’m just giving it to you as it was told to me.  It would take a time to get this done, but it could be done.  Thank you.

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Paula Glidden:        Good evening Chair, good evening Board and staff.  I’m going to talk on two issues tonight so I’m going to try not to do three minutes on each.  Paula Glidden, former Town Board member and current Chair of the Pahrump Valley Fire-Rescue Task Advisory Board.  I too am here to discuss Item #11.  I feel first that Item #11 and Item #14; I’m saddened in the way that the Board is handling these, in that the ordinance is even written before any discussion is done.  That you’re already out there, you know, doing your three readings.  When I was on the Board previously and the Board before, they always had a DAD.  They had a discussion on it and then if the Town and everybody went that way and they took a vote on it then they formed the ordinance.  Then they did the three readings.  There was a lot of time for public comment.  This three minutes we are given here is a first reading.  A second reading, not everyone’s going to show up.  They may not even show up till the third reading.  And I think its incumbent upon the Board to start realizing this, doing your ordinances a little different.  It’s scary to me that you’re taking all the power away from the people, number one.  I’m not going to get into specifics because what Mr. Hafen said, I’m going to ditto.  I agree, I think there are reasons behind this particular ordinance, the brothel ordinance.  I don’t think we need to go there.  I think it was evident by the Tri-Core study and the people spoke that the majority of people wanted no brothels within the Town and the ordinance was fine.  And I will tell you Mr. Willis, I have to agree with Mr. Hafen in that you are involved down there.  And I feel it is a conflict of interest.  So I hope you will watch that for yourself.  I won’t get into specifics here.  But, that is Item #11.  Item #14; I’d like to ask the members of the Board and the Board members that put this ordinance together, the elimination of the PTO for the ambulance for the exclusionary stuff.  Why is it that no one came to our Board?  Why is it that no one even suggested this to our Board or hasn’t even come prior to this in the prior Task Force.  I’m concerned again is to the way this is being handled.  Are we developing an oligarchy here? I don’t know.  Thank you.  

Stephanie Charbaneau:    I’m going to keep this short and simple and commenting on Item #11 on the brothel ordinance.  This is personal.  I feel like we have a family community and want to keep it that way.  I feel like passing and changing this ordinance would be a detriment on our community.  And I just want to protect the families, the children, and please vote no on this.  Thank you.  

Paula Elefante:    I want to address both items.  As far as #14, the Fire-Rescue, or the ambulance service.  I want to let you know that that was put into place to protect the people in this community, which you have been elected and appointed to do, and you took an oath saying you would, from anybody starting an ambulance service.  It was put there to make sure that you, who license them, license qualified people.  If you think that that’s unnecessary that you don’t think we need to have qualified people transporting the citizens then you might as well all resign.  The second item has to do with the brothels.  If you repeal the ordinance do you know that you repeal an item that says it shall be unlawful for any prostitute, lewd woman or woman notoriously abandoned to lewdness to openly or notoriously solicit prostitution in any place in the Town of Pahrump?   So what you’ll by doing away with this ordinance is make it legal for street whores to be sticking their heads in car windows.   I come from Los Angeles.   I didn’t like
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there; I don’t want it here.  And also Paul, you have a little girl.  How are you going to feel when she’s walking down the street with a couple of her girlfriends and some druggy says hey baby here?  You want fifty bucks?  You want a hundred bucks?  Give me a bl***ob.  That’s all it takes.  Is that what you want?  (Richard Billman asked that Ms. Elefante watch her language)  But it’s a fact.  And that’s what you’re saying.  You’re saying that it’s going to be okay by repealing this ordinance.  

Tim Gold:    I came to speak on Item #14.  I believe it’s regarding PTO 41 and PTO 49.  I’m having a hard time.  I’m having a hard time rapping my head around why the Town may want to repeal PTO 41.  I was hoping maybe, as the gentleman had said earlier, you don’t try to institute a Town Ordinance or pull a Town Ordinance away without having to have a reason.  And to this day I’m not sure that there’s anything that is bad has come from having PTO 41 on the books.  I was hoping maybe you could shed some light on that.  What’s broken with it; why isn’t it working for the Town of Pahrump?  

Richard Billman:    This is public comment Tim. First reading.

Tim Gold:        Alright.  That’s fine. Cause, you know, it seems to me that every time that we get into contract negotiations with the Town, it happens every year.  All of a sudden there is some movement to try to bring in a private ambulance service.  We’re in contract negotiations again and yet you continue to go this direction.  Is this a scare tactic?  Is this trying to change the outcome of contract negotiations because of the fact that you’re going try and bring in private ambulance service?  Let’s get some answers out here.  I think that by stonewalling the people; giving them a chance to come up and have a public comment.  Nobody even has any knowledge or any idea what the Town Board is thinking as far as trying to put a stop to PTO 41.  You give the Town no opportunity to even give you input.  And you go and start trying to pass a Town Ordinance without the public’s input is pretty schiesty.  

Richard Billman:    That’s what you’re doing this evening Tim.  

Tim Gold:        What?  You give me a chance to come up here and tell you, oh I don’t like that, but you don’t even give me a reason why you’re doing it.  You don’t give the Town a reason why you’re doing it.  I think you owe that to the member of the people of this Town.  

A.J. Dodd:          My name is A.J. Dodd and I’m one of these people that’s against this ordinance from happening out here.  With the Commissioners limiting the funds for the Sheriff’s department and not allowing their budgets to go through in order to expand the Sheriff’s department to handle any excess emergencies that should happen out here; with this ordinance through what you’re going to be opening up is a lot of crime wave happening out here that this Town is not going to be able to handle.  I’m sure the people of this Town don’t want to see that happening.  I’m sure their children don’t want to see it happening and people don’t want these things opening up around their schools.  You people have got to start looking at what’s going on with the Town and what’s going to happen to it 20 years from now.  Basically, what’s you’re
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going to be opening up here is a way for incorporation to be happening; and whether you want it or not.  So you better start taking a real hard look at what you’re doing.  Thank you very much.

Maria Mealy:        Hello.  Maria Mealy.  I’m really nervous so.  Anyway, I just wanted to say that I moved to Pahrump.  My mama came here and she found this to be a really nice town.  I quite enjoyed my children being raised here and then I see things like this on the agenda and it makes me question if I want my children to be around a brothel.  I mean I knew they were here and I knew they were outside of the Town, but it scares me thinking they might, you know, open up shop next to Albertson’s.  So, I mean, I’m just worried about that.

And my next worry, was again, #14 and I don’t know what has been written in 49 so, but 41 just seems to be like a protection.  And I also want to congratulate the Fire-Rescue Service for having had experience with them for my family.  My recently deceased father, who they responded and did an excellent job with them, I just want to congratulate their efforts for having done so much with so little.  I just want to say that kind of protects our Town so that we have continuity.  I’m worried that, if that is repealed that they might not be continuity of care.  So that was it.  Thank you very much.

Paul Jordon:        Good evening.  My name is Pastor Paul Jordon from Church on a Mission and taxpayer and citizen.  Mr. Chairman, Board members, I don’t know the specifics of this first reading on #11.  But I was told at the last minutes that something was going to happen in regards to allowing brothels into the city.  The only thing I know is that down on the south side we have a food pantry where we are feeding on the order of 300 families a month.  And I like to think that I have just a tiny pulse of what is going on with these broken families and the problems that are really down at the gut level.  I don’t have a lot of knowledge but I do know that families today are in trouble and doing something like opening up the brothels into the city, I believe, would only create more problems.  We have enough problems as it is right now and I understand that it’s perfectly licensed down there at the end of Homestead, but I have to believe the way, when I talk to these families, that just are struggling, and quite frankly, and I know that sometimes prostitution is a problem in families.  And just opening it up more would only create more of a problem.  So I would really ask that you would reconsider your thoughts in regards to that ordinance in reading it tonight.  Thank you.

Keith Markley:    My name is Keith Markley and I’m going to speak primarily on this issue, Item #11 regards to the brothel ordinance.  From a business perspective, as a business man in our community, there is a plethora of studies that have shown that these kinds of businesses generally are not good for other surrounding businesses.  And I just want to bring that aspect up.  If we open the door for brothels to basically locate anywhere inside the Town boundaries, I think we’re sending probably not a positive message to existing business people, as well as any prospective business people who might want to be coming into our Town, just as the one lady brought up.  To have a Sonic and then a brothel probably is pretty negative idea for the hamburger place and they may not want to have that kind of neighbor, neighboring business next to them.  I think if you, as a Town Board, will also participate even in the studies that the County
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Commission has looked at in regards to these kinds of businesses, sexually oriented businesses, you will see that it is very important that these kinds of businesses are tightly regulated and where they go and how they operate is very important that they are regulated.  It’s been proven all across the country that with the increase in sexually oriented kinds of businesses that there’s increased crime.  And that was also brought up as the sheriff is struggling with the budget constraints already.  It just seems not wise on our part as a city to open the door to the possibility of increased crime.  I would appreciate the ordinance being left as it is or made tougher because I think that we need to be very careful where these businesses go and should be tightly regulated.  So I appreciate your consideration there.  

Richard Billman announced that the comments will end after Jim Petell speaks.

Charlie Anzalone:    Town Board, members of the Town, the news people.  I’m concerned, my comments is around how you chose the three recommendations for the replacement of Ms. Howard.  Do you remember that?   Do you remember when you made the recommendation?  Then you turned around the last meeting and made another recommendation, a (not understandable comment).recommendation for Ms. Metaksa.  Now, I’m sure she’ll be a good Town Board member.  But I think you’re telling; it’s kind of twisting the lie.  And which is really, I know your politicians, I know you are.  But you can’t help it.  But I can and I really resent that we have three people that who went through the hard work of trying to get elected, paid money, put their hearts, put their money where their month was and you didn’t pick one of them.  And I don’t understand it.  You know the way its going, if we start having a few more people start getting sick and leaving, we’re going to have only one elected official and the rest will be selected.   Thank you.

Harley Kulkin:    Harley Kulkin.  I’m kind of a proponent of the Town getting more involved on Item #11 and #14.  It seems you want to get less involved.  I’ve got to say something about the criminal element about brothels.  I can’t say from personal experience but from what I understand they ain’t given that stuff away.  And I don’t think that, you know people that hire limos are the kind that rob your house.  But what we are really talking about is image.  And when somebody wants to utilize that kind of business they’re going to go to it.  And currently you can go to the south end of Town here or you can go over to Crystal.  I believe that’s enough of that kind of business.  And I think you should not repeal this kind of thing.  You know, you need to be more aggressive in what goes on around here, not less.

On the Item #14, one would have to wonder what the motive is here.  Are you trying to bring outside businesses.  Once that hospital is open this, your ambulance business is going to be a pretty profitable thing.  And from what I was told last night at a meeting, once you’re taken over to this local hospital and they say you got to go to Vegas, the hospital pays the bill now.  So you don’t have to worry about whether you’re getting paid or not.  The hospital has to worry about whether they’re getting paid, but you get your money.  So, I mean, something less than honorable is happening here.  Under public comment, you can’t make a decision but you certainly can answer questions.  When Mr. Gold asked a question about what’s behind this or
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what’s going on, I would like to hear that and I’m sure the whole audience would have.  And it certainly would not have been appropriate for you to answer that question.  

Richard Billman:    We have not had public comment, Mr. Kulkin from the Board under public comment.  That is for the public to comment without any input from the Board.  You can say whatever you want.

Harley Kulkin:    To answer a question, I don’t think, you know.

Richard Billman:    You’ve got my number if you want me to answer a question you can certainly give me call.  I’m not in hiding.  

Harley Kulkin:    Someone asked a question.  I mean we're all here to work together to make this a nice place to live.  So I don’t see why we have secretive.  So, I think you need to leave those two items the way they are.  It’s in the best interest of this Town and this Town needs to be more aggressive, not less.  Thank you.

Jim Petell:        PTO-03.  You want to give it back to the County, is that correct?   That’s what it says here.  Town Board finds it’s no longer necessary or desirable for the Town to regulate brothels and/or houses of prostitution within Town boundaries and wishes to leave this matter to the Nye County’s discretion.  We have two Commissioners present here.  After I leave I hope that when the agenda item comes up that they dutifully and respectfully tell you what they think on the item.  This is backwards.  When you have people come up here and do public comment on an agenda item and there is no response from you then what are you doing here?  You know, Chairman, what’s up with this.

Richard Billman:    It is not an item on the agenda; it is a reading that is all.   

Jim Petell:        You can read it but we we’re going to comment.

Richard Billman:    You can make public comment on anything you want.

Jim Petell:        On the agenda when it comes up, correct?

Richard Billman:    Oh, sure.  When the agenda comes up.

Jim Petell:        Okay, We’ll do it again.

Richard Billman:    Sure.

Jim Petell:        We’ll waste everybody’s time

Richard Billman:    Sure.
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Jim Petell:        Maybe we’ll have different thoughts by then.  Okay, exclusions, the ordinance shall not apply to any person working in a duly licensed house of prostitution as defined by Nye County Code, nor shall it prevent any licensed brothel and/or house of prostitution from operating from within the Town limits so long as said business is otherwise in compliance with any and all applicable laws.  The truth of the matter as I see it is that you want to not have any legal liabilities governing these houses of prostitution.  I don’t know if it means you would rather have the houses of prostitution in Joe’s mobile home or Mary’s house or on the street of Highway 160 or 372.  I don’t think you want this to have crime and prostitution run together head on head because people need money to pay those prices and they’re going to be in the back alleys of our businesses and our homes, etc., in the center of Town mostly, because that’s where the action is, casinos.  They’ll be in the hotels.  They’ll be at.  Diseases will be run ramped.  You’ll be putting pressure on the Sheriff.  You’ll put heavy pressure on the physicians we have now.  It’s going to be utter chaos.  So I think you should forget about it, but if you want the County to take over then it’s up to them to do their due diligence to keep this as it was and not change it for the future, because it’s a bad idea.  If you want to change it and not keep it where they are at this present time.  And that’s it for me.  Thank you.

Richard Billman thanked everybody for their comments.  Mr. Billman said those comments, the Board members will listen to the comments and that Town’s Attorney heard some of the comments and will check on some of the things said this evening.  


Paula Elefante explained that she talked with Mr. Bishop she was not aware that the Tourism Advisory Board was working with Commissioner Cox on funds for beautification.  However, that is not what Main Street Programs are all about.  Ms. Elefante stated that Main Street Programs are revitalization, redevelopment type programs.  There are grants that you can pursue that will offset some of the costs.  This is something she was suggesting and pointed out that the Board received their packets on this program.  Paula Elefante suggested that the Board review the information to see what other communities are doing.  Ms. Elefante said that it is proven throughout the nation where businesses improve.  Ms. Elefante noted that you would have to get every business owner in that area involved.  They would be the committee along with some of the Board, someone from the County Commissioner, and some of the community people.  They form a committee to decide how to improve that area.  This could mean now store fronts, or maybe new paint, maybe a new design standard for all the businesses in that area.  Ms. Elefante stated that Commissioner Joni Eastly went through Main Street, the national main street network, to get monies for Tonopah, plus they just received $230,000 from the County to tear down some buildings.  Ms. Elefante stated that we could revitalize that area between Basin and Wilson, all the businesses there and all the businesses that are still to come giving them an opportunity to create a structure that would be inviting.  Paula Elefante said she knows that tourism is a big
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thing for this area.  We would like to improve our community by looking at this program.  The information provided shows how business revenues have increased, provided more jobs and is a win, win situation.  Anybody can access this information they can go to for the information.  

Richard Billman thanked Ms. Elefante for her presentation and stated that he was sure the Board would consider this.

Laurayne Murray asked if this would be something that should be directed to the Tourism Advisory Board because of the beautification project.

Paul Elefante replied that the backup provides information for getting the project started and talks about forming a working group, looking at the district.  

There was more discussion regarding contact with USDA, whether any action should be taken by the Board at this time, referring the information to the Tourism Advisory Board, reviewing the material, working with grants.  There was a comment by Paula Glidden that this might be something that should be filtered through the Tourism Advisory Board.  Ms. Glidden said it has great potential and would like to review it.  

Paul Willis Motioned that the Board take no action at this time, other than send it to Tourism or make a motion for, to request Paula to take it to the other Paula at Tourism and run it by them. Unless you have a better one.  

Richard Billman said it would seem that it would be something that we might take home and review the material.  Mr. Billman noted that at this time he has nothing to make a motion on.  Richard Billman said the Board can review the material and place it on a future agenda.

Paul Willis rescinded his motion.  


Paula Elefante commented that the Tourism Advisory Board has been working on coming up with a new slogan for the Town.  Ms. Elefante noted that a lot of people are most comfortable wit the current slogan of “Heart of the New Old West.”  Ms. Elefante stated that many people have memorabilia of the old west.  Paula Elefante said this is the new old west and the activities that are planned in the community are part of the new old west.  The slogan seems appropriate when planning events.  

Richard Billman asked Dave Richards if the Town was printing signs.  Alice Eychner replied that the Tourism Advisory Board worked with two professional marketing groups.  Ms. Eychner noted that when these people were at their meeting she does not recall Ms. Elefante or Mr.
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Bishop at any of these meeting.  It was recommended by both professional groups that the current slogan not be used.  Alice Eychaner noted that they have been dealing with NDOT to get the signs installed. There will be no slogan on the new signs going up at this time. Ms. Eychner said they will be working on a slogan once everything is in place and there will be no problems adding them to the signs.  

Paula Elefante pointed out that the décor of the town that people use go along with the current “Heart of the New Old West” slogan.  

Patricia Cox said she has attended several seminars in regards to economic development themes and beautification and was here reason for going to the Tourism Advisory Board to work with them on the beautification theme on the highway. Ms. Cox stated that she has learned that when marketing, if you are new community and you do not have an identification of where you are going, do not use a theme.  Patricia Cox noted that you should not lock yourself in, if you are a baby town grown which Pahrump is, you are locking into something.  Ms. Cox said it was her opinion that the Town not choose a theme until it is well thought out.

Harley Kulkin commented that the current slogan told him that Pahrump is a new Town and he could come here and live with yesterday’s values.  

Richard Billman asked if there was a motion from the Board to adopt any slogan at this time.  There was no response for a motion.  


Dave Richards explained that there was a resolution for the Town Board to consider Resolution #2005-18.  This will accomplish a transfer from the General Fund that has been budgeted, $200,000 to the Ambulance Enterprise Fund for the replacement of two ambulances.  Mr. Richards pointed out from Chief Lewis’s report there are four ambulances.  The two for suggested replacement are a 1999 and a 2001 ambulances with 400,000 and 300,000 miles respectively.  Dave Richards commented that the ambulances continue to put miles on with the transfers to Las Vegas.  With the lack of the reopening of Pahrump Medical Center and the late opening of hospital reinforce the need for dependable transport ambulances.  Mr. Richards identified 3 options for the Board.  Option 1 is to continue to repair the high mileage vehicles until such time they are deemed unsafe and not repairable.  Option 2 is to replace one ambulance and Option 3 is to replace 2 ambulances at $200,000.  Dave Richards stated that the recommendation from the Town Manager and the Fire Chief is to approve Resolution #2005-18, replacing two ambulances.  This can be accomplished by utilizing the Town specifications and the County’s purchase agreement.  The ambulance would be able to be acquired within 90 to 120 days.  

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Richard Billman asked if there was a motion from the Board.

Paul Willis said for discussion he Motioned to approve Resolution #2005-18.  Laurayne Murray seconded the motion.

Richard Billman asked why not use the type 2 ambulances at all as they are less expensive, but would conserve gas costs.

Chief Lewis replied that they do not carry the same number of patients and they do not have the weight that is needed to accommodate that.  Chief Lewis explained that many time more than one patient is being transported at the same time.  Also, a type one and type 2 use an engine that is placed between the two front seats.  The engine compartment cannot disperse the heat in our climate, therefore, the reason for more mechanical failure than a type 1.  Richard Billman commented on his visual of the ambulances going to and from Las Vegas and asked if these were mostly multi-person transports.  Chief Lewis replied many of the Town’s transports are more than one patient in the back of the ambulance.  The type 2 ambulances cannot accommodate the number of patients and the staff to attend to those patients.  

Harley Kulkin commented that if the Board is looking at repealing PTO #41, why buy ambulances.  

Richard Billman noted that there are ambulances operating in Pahrump now and they have not affected us in any way.  

Sally Devlin commented that she supports the Chief and thinks that the Town should get him any equipment he needs any hour or day of the night.  We have the greatest fire/ambulance bunch who are just the greatest citizens of our Town.  Ms. Devlin spoke of personal experience that they are wonderful and we need them and more people capable of training, and younger.

Lauryane Murray commented that she has found that when signing the voucher that ambulances maintenance costs are being noted every week.  More and more costs are being spent on maintenance for these vehicles.  

Vote passed 3 – 0.  


Harley Kulkin explained that Nevada law regarding water rights was formed in the 1930’s and 1940’s and is quite antiquated.  Mr. Kulkin stated that when purchasing water rights it must indicate beneficial use and feels that he public should come first.  Currently, residents have a
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domestic right to put a well on your property.  Mr. Kulkin said he is proposing trying to get a law passed in Carson City that a government entity has the same domestic right.  Harley Kulkin noted that the fairgrounds is he motivating factory.  The Town would have the right to put in a well and serve the fairgrounds for whatever we needed to do.  Harley Kulkin stated that following domestic right law in Nevada you can only serve the property that the well is on.  Mr. Kulkin said his other concern is that it serves the public it would fall under the testing requirements as required under a commercial well.  Harley Kulkin said he feels the public comes before his individual right to have a well on his own property and before the State gives water rights away the government entity should be taken care of first.  For the fairgrounds alone, it would save money at the current rate and Mr. Kulkin said he feels it would not impact this valley.  

Richard Billman said he has no problem with what Mr. Kulkin expressed but it appears that April 27 is the drop dead date to get a bill to the legislature.  Harley Kulkin responded that he has been told by Assemblyman Rod Sherer that the particular number of the Bill was dropped and it will be tagged on to another law in a few weeks.  Mr. Sherer has told Mr. Kulkin that it does have a chance of being passed.  Harley Kulkin said it would not hurt to send a resolution to Assemblyman Sherer.  Mr. Billman agreed.

Paul Willis made a Motion to approve.  (I move to approve.)

Laurayne Murray stated that before she seconds the motion she clarified that the motion is moving to draft a letter of support addressed to Rod Sherer, indicating that the Town of Pahrump wants to support, and there is no Bill Draft Request number, but is there an item or something she asked.  Mr. Kulkin replied that there is not a number now.  The letter, if the Board chooses to send one, can say that they Board supports the idea that a government entity would have the right to use water as is currently available under domestic rules.  

Laurayne Murray seconded the motion.  

Jim Petell commented that he felt this to be a good idea.  Mr. Petell stated that by dividing properties, it would benefit the municipalities greatly.  However, if a private person wanted to sell their land to bring in a large attraction, they would have to purchase their water rights at a high price.  This is the other side of the coin that people should be looking out for.  Jim Petell suggested that Harley Kulkin find out about any opposition to this proposal and ask Mr. Sherer to do some lobbying.  

Jane Wisdom commented that the Board use caution what is done here.  Ms. Wisdom pointed out that any of the Counties that are a public entity can come in and take our water.  Jane Wisdom asked that the Board be very careful in their decision.  Mr. Kulkin said he has heard this argument before but under domestic rights as water can not be moved or leave the property.  

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Richard Billman noted that there is a bill that is discussing before the Legislation now that requires anyone disposing of or leasing water rights to first offer them to a public utility.  The big public utility is just over the hill, Mr. Billman stated.  

Harley Kulkin said that the letter would be simply to endorse the idea.  You have to continue to be involved in this matter.  Nevada Law does not allow for the transfer of water from one basin to another if it will impact the area that it came from.  Richard Billman replied that is why the federal government allowed, and has already passed.  The current law says that Clark County can remove water from Lincoln and White Pine Counties.  

Richard Billman agreed that the Board must be extremely cautious in this area.  Mr. Billman asked who would draft this letter.  Mr. Billman asked Cristina Hinds if she would be mindful of SB434 when doing so.  Richard Billman suggesting bring the letter back to the next meeting.  

Cristina Hinds asked if the Board wanted a letter or a resolution.  Mr. Billman replied, a resolution.  

Paul Willis asked Harley Kulkin if Rod Sherer requested this from Mr. Kulkin.  Mr. Willis asked if Mr. Sherer asked for this in a request.  Mr. Kulkin said he was doing it on his own and trying to get support for this.  Paul Willis asked if Mr. Sherer was on board with it.  Harley Kulkin replied that Rod Sherer thinks it is a good idea.  

Vote passed 3 – 0.

Dave Richards noted that the Board is expecting a resolution at the next Town Board meeting in support of the action requested.  Mr. Billman replied yes.  

Harley Kulkin implied that it might be too late to bring it back to the next meeting.  Richard Billman noted that it might be too late right now.  Mr. Kulkin suggested that the letter be drawn up and sent up to Mr. Sherer.  Cristina Hinds suggested sending the minutes with resolution.  Mr. Richards said we can send a letter but a resolution will require a Board action.  

Sally Devlin pointed out that this was the last day for new bills in the legislature. Ms. Devlin suggested calling Rod Sherer to support this Bill.  This will not be a new bill.

Laurayne Murray clarified that this will be a rider and will be attached to an existing bill and Rod Sherer is working it already in Carson City.  Ms. Murray noted that Harley Kulkin has a scheduled date to appear before the Committee for support and he would like to have some support and evidence that in addition to him there are other people in seeing some action taken on it.  Ms. Murray said she understood Mr. Willis’ motion was to send a letter; during the discussion it got changed to a resolution.  Richard Billman asked if it was an understanding by the secretary that it is a letter.  The notes indicated that the motion was to approve and that was all.  
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Paul Willis amended his motion.  Laurayne Murray pointed out that the previous motion was already voted on.  

Cristina Hinds said she can send a letter under the existing motion.  Laurayne Murray noted that the agenda item was to send a support letter and the motion was to approve.  Richard Billman agreed.  Ms. Murray suggested the wording in the agenda item is correct.

Tanya Metaksa suggested that the wording of the letter be very clear, because the way the item is worded leaves room to a lot of interpretation.  Ms. Metaksa suggested that the Town Attorney please stated in the letter says what we mean it to say.  


Richard Billman explained that he understands the idea for this item.  That reason being that we place the item on the agenda to buy water rights at a certain price because someone said they had water rights for sale.  Mr. Billman continued that the Board passes the item and they sell to a higher bidder.  Richard Billman explained that what Mr. Bishop is suggesting is that a ceiling be given.  

Cristina Hinds commented that she did check with Dan McArthur, Town Auditor and he said that this was acceptable and that the $300,000 is already budget.  

Paul Willis Motioned to approve for discussion.  Richard Billman seconded the motion.

Candice Trummell suggested that the Board go out to bid for water rights or requests for proposal for them.  Ms. Trummell noted that they are facing the same problem with the County with regard to obtaining water rights.

Richard Billman explained that the Board has done the bidding process twice and both time the bid was awarded and both times the owners backed out.  Ms. Trummell asked if there was some language that could be used to lock them into the sale.  Paul Willis asked if it was binding.

Cristina Hinds noted that there were two different issues with the Town’s bid.  The first withdrew their offer prior to the Town accepting and the second situation, the people back out.  Ms. Hinds noted that when we called for bids, no one responded at that time, it was people that had approached the Town.  When we requested bids, nobody responded, twice in eight months.

Richard Billman asked Commissioner Trummell what kind of luck the County has had with going out for bids.  Ms. Trummell said the County has not gone out for bid at this point.  Candice Trummell said they approached Valley Electric Association and made an offer.  They counter offered to the County was $14,000 per acre foot and restrictions on what it could be used for.  
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Paul Willis commented that what it seems to be doing is we are jacking the prices up by going out to bid and then they cord us and leave us at the alter and then sell the water rights to somebody else, and we are still searching.  Mr. Willis said he does not know if we do find somebody that wants to sell them, he knows the intent is that if we do find somebody that wants to sell them that we jump all over it so they cannot back out at the eleventh hour.  And that we do not keep going out to bid and the prices keep going higher and higher each time.  

Ms. Trummell suggested that the Town look at requesting that the County require, as part of Development Agreements, that water rights be turned over to the Town for the purposes of governmental facilities that are needed.  

Laurayne Murray commented that she has concern in the area of cost of water rights.  Everything we put out helps to inflate the cost.  Ms. Murray said that she did not know that having the authority to spend money when there is nothing to buy is away to go.  Laurayne Murray added that especially when there are alternatives that the Town needs to give an opportunity to work, such as the previous item just voted on and the item that Commissioner Trummell mentioned.  Ms. Murray noted that if there was a decision on this to go forward, she would like to see a particular time line, not an open ended approval.

Paul Willis asked what Dave Richards’ opinion of this item was.  Dave Richards replied that he would use this discretionary authority with great caution.  Mr. Richards said he feels that the Town is not inflating the price by revealing what the Town is willing to pay because there are people willing to pay much more.  Dave Richards agreed that any authority would have to be within the current budget year, because that is when the funds are budgeted.  Mr. Richards suggested this be set for the current fiscal year, then come back at a later date to extend if the Board would choose to do so.  

Richard Billman clarified that this authority would expire at the end of the fiscal year.  Cristina Hinds said yes.  

Paul Willis stated Motion so amended.  Richard Billman said yes to second the amendment to the motion.

Jim Petell said he thinks that putting a price on water rights so low is insane.  Mr. Petell stated that if a good hearted person would like to donate at that price, put that is there also.  Jim Petell suggested tabling this matter and try to get an alternate idea to attract water rights to the Town from the holders of the water rights.

Paul Willis said he does not think this would preclude us from using any other alternative of trying to get water.  

Paula Glidden agreed with Mr. Petell in that the water issue does not seem to be getting any more fluid.  Ms. Glidden said the Town will not be able to get water rights for any less than what
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they are going for now.  Ms. Glidden said the price can range from $15,000 and up.  Paul Glidden stated she has not seen them for any less than that since December.  Richard Billman said he saw an advertisement for $14,200.  Ms. Glidden said she would hope that the Board jumps on any and all water rights available at the current price.  Limiting yourself will not help any.  The way to do this is to give an incentive and the Town may have to ask the County to enter into a memorandum of understanding that they can give tax breaks to these individuals or something.  Paul Glidden recommended that the Town start buying water rights whether it is 1, 2 or 10 acre feet.  

Vote passed 3 – 0.


Dave Richards explained that the Town received a bid from Leslie’s Pool for a programmable pool chemical automation system.  The Bid was received on April 20, after the close of the normal bidding process.  Mr. Richards stated that by the advice of the Town Attorney that the right procedure was followed by re-advertising that we had not received any bids.  Then this bid was received for $31,210.43.  Dave Richards said it is recommended that the Board approve the Bid from Leslie Pools for the subject chemical automation system.  

Laurayne Murray Motioned to award the Bid #2005-02 – Programmable Pool Chemical Automation System.  Paul Willis seconded the motion.

Candice Trummell commented that as former Pool Manager that she thinks this is a great idea and congratulated Matt Luis for helping to make this happen.  Ms. Trummell noted that the Town spends a lot of money having the Town’s crew come out on the weekends as the lifeguards are not allowed to touch the chemicals.  Candice Trummell noted that it is a great way to provide safety and health of the patrons are protected.

Vote passed 3 – 0.


Laurayne Murray read the following title:

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Dave Richards explained that recently the Town Board approved fees for life safety inspections.   This resolution will create the account to deposit those fees into and authorizes the signatories as noted to sign checks from that account.  Mr. Richards recommended that the Board approve Resolution #2005-16.  

Laurayne Murray Motioned to approve Resolution #2005-16 to establish new bank account for the fire inspection fees at Nevada State Bank.  Paul Willis seconded the motion.

Richard Billman called for discussion.  There was no discussion.

Vote passed 3 – 0.


Richard Billman explained that this was placed on the agenda by Ed Bishop who is absent.

Dave Richards commented that he anticipated that based on the discussion of the Town Board at a previous meeting that the Board did want appraisals on the requested property and so appraisals have been sought.  Mr. Richards said he did not have an opportunity since returning to work to contact the appraisal service and retrieve their information.  Mr. Richards said he would expect an answer by the next Town Board meeting.

Richard Billman asked if Mr. Richards was looking for appraisals or looking for approximate costs for appraisals.  Mr. Billman recalled from the previous meeting that discussion was about how much it would cost to get the appraisals.  Dave Richards stated that his estimates from the appraisal services are well within his spending limit.  Mr. Richards said he is not looking for estimates or quotes, but actually looking for the appraisal.  

Laurayne Murray Motioned to take no action on this item since it has already been handled.  Richard Billman seconded the motion.

Vote passed 3 – 0.  

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Laurayne Murray read the following title:



Dave Richards explained that we have a proposal for employment for an enforcement office, part time position.  Mr. Richards noted that a number of applicants were received and requested four interviews.  One backed out at the last moment.  Dave Richards stated that three very qualified candidates were interviewed and chose Mr. Bernie Wayne Fleeman as the candidate.  Mr. Fleeman has over 30 years of experience in law enforcement security services and investigations of all types.  Mr. Fleeman is a retired Bakersfield, California Police Officer.  Dave Richards stated that Mr. Fleeman has agreed to work as the Town of Pahrump’s Enforcement Officer with duties as described in the job description for $12.15 an hour with hours not to exceed 19 per week.  Mr. Richards noted that his employment is contingent on a successful background check with an anticipated start date of May 2, although this date has not been confirmed with Mr. Fleeman.   Dave Richards recommended that the Board approve Resolution #2005-17 which will employee Bernie Wayne Fleeman in the position of Enforcement Officer with the wages and hours noted.  

Mr. Richards said that in the past there has been some discussion regarding why the Town Board is asked to do this.  Dave Richards stated that historically in the Town of Pahrump there has been some controversy over the hiring of hourly employees.  Mr. Richards said he does not wish to become entangled in that sort of controversy.  Dave Richards stated he has discussed the issue of consistency in requiring or requesting approval of the Town Board for hiring hourly employees as well as staff members, administrative staff, and it is the recommendation of Beller and Associates that the Town Board approve all hirings, including hourly and it is the request of Mr. Richards that the Board do so as well.

Laurayne Murray Motioned for the approval of Resolution #2005-17, appointment of Enforcement Officer for the Town of Pahrump; to offer the position to the recommended candidate Bernie Wayne Fleeman under the agreements and wages as outlined.  Richard Billman seconded the motion.  

Mr. Richards asked that Mr. Fleeman stand and be noticed as he was in the audience.

Vote passed 3 – 0.

Pahrump To



There is no backup posted for this meeting.