Agendas & Minutes


April 27, 2010

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
APRIL 27, 2010

 


Agenda



1.    Call to Order and Pledge of Allegiance.

2.    Discussion and possible decision regarding moving the order of, or deleting an agenda item(s). (Action)

3.    Announcements (Non-Action)


4.    Advisory Board Reports, from Advisory Board Chairpersons and/or Town Board Liaisons on the status of Advisory Boards. (Non-Action)

5.    Discussion and possible decision regarding approving proclamation for designating the first week in May as Elk Youth Appreciation Week. (Action)

6.    Discussion and possible decision on sanctioning or censoring of Board Member Frank Maurizio or vote of no confidence. (Action)

7.    Discussion and possible decision to approve the Town Attorney to create a Town Board Code of Conduct and Ethical Behavior Ordinance with an appropriate penalty section which will include the ability to fine, sanction, and suspend Town Board members and all matters properly related thereto. (Action)

8.    Discussion and possible decision on approving the drug and alcohol testing policy for the Pahrump Valley Fire-Rescue Service and all matters related thereto. (Action)

9.    Discussion and possible decision on Approval to Transfer Ambulance Fund Delinquent Accounts for January through March, 2010 for Further Collection and Related Accounting Adjustments. (Action)

10.    Discussion and possible decision on authorizing the Town to enter into a settlement agreement with Willdan for resolution of the community pool deck remodel contract not to exceed $7,000.00 and subject to the approval of terms by the Town Attorney. (Action)

11.    Discussion and possible decision Consent agenda items: (Action)

a.    Action – approval of Town vouchers.
b.    Action – approval of Town Board meeting minutes of April 13, 2010.
c.    Action – approval of Special Town Board Tentative Budget meeting minutes of April 7, 2010
d.    Action - approval of Pahrump Tourism and Convention Council Grant for the Nevada State Benchpress and Deadlifters Association Annual Championship event, July 23-25, 2010 in the amount not to exceed $5,500 from the Tourism Room Tax Fund. (Action)

12.    Future Meetings/Workshops: Date, Time and Location. (Action)

13.    Public Comment. Action 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). (Non-Action)

14.    Town Manager Report. (Non-Action)

15.    Town Board Member’s Comments. (Non-Action)

16.    Adjournment.




A quorum of Advisory Board members may be present at any Town Board meeting but they will not take any formal action.

Any member of the public who wishes to speak during public comment or on an agenda item, at the appropriate time, will be limited to three (03) minutes.

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.

This notice and agenda has been posted on or before 9:00 a.m. on the third working day before the meeting at the following locations:
PAHRUMP TOWN OFFICE, COMMUNITY CENTER, TOWN ANNEX, COUNTY COMPLEX, FLOYD’S ACE HARDWARE, CHAMBER OF COMMERCE
 

 


Minutes


PRESENT:
    Town Board:
        Nicole Shupp
        Bill Dolan
        Vicky Parker
        Frank Maurizio
    Staff:    Michael Sullivan, Finance Director
        Scott Lewis, Fire Chief
        Al Balloqui
ABSENT:
    Town Board:
        Mike Darby
    Staff:    
        Bill Kohbarger, Town Manager

1.    Call to Order and Pledge of Allegiance.
Chairman Nicole Shupp called the meeting to order and led in the pledge of allegiance.
Bill Dolan announced there would be a candlelight vigil for fallen deputy Ian Deutch on Thursday, at 7:30 p.m. at Terrible’s Lakeside.  A moment of silence was observed for Ian Deutch.
Vicky Parker read a press release regarding Officer Deutch from Governor Jim Gibbons.

2.    Discussion and possible decision regarding moving the order of, or deleting an agenda item(s). (Action)
Nicole Shupp stated that Mike Darby has requested that Items #6 and 7 be removed until he can attend the meeting. (Mike Darby absent due to personal business.)

Bill Dolan motioned (for Mr. Darby) to postpone Item #6 for 2 weeks.  
There was no second to the motion.

Motion failed.

3.    Announcements (Non-Action)
Vicky Parker read announcement as prepared in the backup.
Mrs. Parker announced that CCA was accepting applications for employment.
Phil Huff announced that the Pahrump Fair and Festival will be held at Petrack Park, September 23-26.
Anthony Greco announced that Bill Kohbarger applied for a job in Ohio.
Karen Jackson announced that the Radiothon raised approximately $35,000 for the Boys and Girls Club and thanked the community for their support.
Lee Crommer thanked Town employees Jimmy and Carl for their help with the setting up for the car show. Ms. Crommer suggested cigarette catchers be placed in the park.
Marna Krause of Pahrump Fair and Festival Arts and Crafts committee announced and explained their Ducky Dunk Derby going on through September 26 at the festival.
Rodney Commacho stated that everyone should give thanks to our Nye County Deputies and Fire Department who put their lives on the line for us.
Tom Husted of Valley Electric Association reported that joint training has been done with PVFRS and consider it a great asset and appreciated Chief Lewis’ leadership.
Bill Dolan thanks Mr. Husted for the cooperation of VEA at the Chief Tecopa Cemetery.

4.    Advisory Board Reports, from Advisory Board Chairpersons and/or Town Board Liaisons on the status of Advisory Boards. (Non-Action)
There were no comments at this time.

5.    Discussion and possible decision regarding approving proclamation for designating the first week in May as Elk Youth Appreciation Week. (Action)
Vicky Parker read the proclamation as prepared.

Bill Dolan motioned to move the proclamation forward at this time.  Vicky Parker seconded the motion.

Vote passed 4 – 0.

6.    Discussion and possible decision on sanctioning or censoring of Board Member Frank Maurizio or vote of no confidence. (Action)
Nicole Shupp read the following:
“After the last Town Board meeting I received an e-mail from the town’s insurance provider (POOL/PACT HR Director).  I have been instructed to read this statement from the HR Department Director.
Personnel actions are confidential and will not be discussed during open meetings unless in accordance with the Town of Pahrump’s policy 11.1.3, item #5.  Appeal of Discipline and NRS 269.083, Public hearing for dismissed employee, where the board’s role is then implemented.
Your comments during the last Town Board meeting left this town open to either a class action lawsuit by staff members or individual suits by staff, and the same either class action or individual hostile work  complaints.”  Mrs. Shupp indicated that she had a long list and did not wish to go through them all.
Bill Dolan called a Point of Order.  Mr. Dolan asked that the statement be read, in its entirety, into the record.  Mrs. Shupp continued.
“If this town was to lose its insurance coverage for these actions the Town would be forced to find insurance elsewhere more than likely at a much higher price, and that cost passed on to the residents in a form of a tax increase. This item tonight is not just from your actions at the last Town Board meeting but from a long list of other problems that have occurred since you took your seat on this board.
Early in 2009 you placed a flyer out in the community where it stated you’re a licensed teacher when in fact you hold a certificate to substitute teach. You also stated on your public application to the Governor that you were a licensed teacher with a Bachelor of Science in Education as well, and you hold no such degree.  This is in violation of NRS 281.340, Obtaining Appointment by False Letter or Certificate: the penalty for that is a misdemeanor.
On June 18, 2009 you asked a town staff member to give you back a legally filed agenda item request form.  When she refused you submitted another request form to replace that one and dated it six days earlier to cover up the timeline.
On June 30, 2009 you approached a town staff member and asked that staff member to destroy an agenda item from the previous Town Board meeting which is a legally filed form once turned in, but again you asked her to destroy it.  It is illegal to destroy legally filled documents.
In 2009 you were charged by the State of Nevada Private Investigators Board for advertising and operating a business without being licensed to do so even though your website said your company conformed to all Nevada State Requirements and Licensing.  You were found guilty by that Board and told to stop doing business at once and were fined $2,500.00 by that Board; all public knowledge.  It also took you several months to remove your website after being ordered to remove it at once by the PI Board.
Earlier this year (2010) you appeared before the Nevada Ethics Commission after having a single complaint filed against you. The investigator turned the one complaint into six violations and on the day of the hearing the full Board agreed with the investigators that he was off by six violations and your hearing went forward on twelve violations. Conviction of any more than three you would have been removed from your Town Board seat.  After the Ethics Board heard from two witnesses, Al Balloqui and Fire Chief Scott Lewis and from yourself, the hearing was stopped and a plea deal was made for you to plead guilty to two of the twelve violations thus allowing you to retain your seat.  You were also fined by the board and told to attend mandatory training on ethics.
Since then you have tried to have both of these departments closed or reduced, giving the appearance of retaliation for them testifying at the Ethics hearing opening the Town to yet the possibility of more legal action from staff or department heads.
Also, you sent letters into the editor of the Pahrump Valley Times in which you signed your name to the article, when in face you plagiarized. It was someone else’s story from a few years ago.
I do not know the Town’s legal bills over this, but I know they are quite a bit. These actions of ours have got to stop and we need to heal this board and as before do the business of all the residents.”

Bill Dolan motioned for a vote of no confidence from this Board to Mr. Maurizio.  Vicky Parker seconded the motion.

Frank Maurizio said statements were made in the paper that were undirected and untruthful comments toward PVFRS, which he said he stated the “fire service.”  He said he read the policy manual and did not mention any names.  Mr. Maurizio held up a copy of the Pahrump Mirror and stated that a picture is worth a thousand words.  He said he did not handle the complaints; that a citizen handled the complaints and is a statement of concern.  Mr. Maurizio stated an email was sent by the Town Manager saying the picture in the Mirror was not to be used.  After talking with the reporter, Mr. Maurizio said no one told him he could not use the pictures he took; Senator Reid’s staff, Town staff or anybody.  The fire service should not be taking pictures with a candidate while in uniform as stated in the policies.  Mr. Maurizio stated to Mrs. Shupp that she comments to people at the podium to shut up.  Frank Maurizio commented that Mr. Dolan, at a meeting on April 13, called the public the “peanut gallery” and told a person to buy a hearing aid.  Mr. Maurizio asked if this was good public relations.  
Bill Dolan called a Point of Order.  Mr. Dolan said this is not about him or the Chairman, it is about Mr. Maurizio’s actions and he needs to stick to the discussion on the floor.
Frank Maurizio replied this is all part of it and is nothing but a political move.  
Mr. Maurizio continued that after an extensive research of the NRS and Nevada Administrative Codes and an attorney, it is his opinion that the Town Board has no power to sanction or censor what was requested by the Board Chairman.  This is a political move and he has been acting under the obligations of NRS 281.611- .671.  In his opinion a vote of no confidence means nothing.  His support comes from the community he serves as a whole, not a personal agenda.  

Comments were heard from Amy Riches, Andy Alberti, Butch Clendenen, and Donald Cox.

Bill Dolan called a Point of Order.  Bill Dolan stated that outbursts will not continue and called for the question explaining that public comment stops, the threats stop. There were outbursts from the public.  Bret Meich stated there is no basis to call for the question at this moment. If comments continue past the allotted time there may be a basis. Chairman Shupp decided not to set a time limit on comments.

Donald Cox continued his comments and said he would be calling the Attorney General’s Office.

More comments continued from Harley Kulkin, Anthony Greco, Gordy Jones, Christy Stern, Nancy Lord, Bob Irving, Donna Cox, Bruce Calley, Phil Huff, Harold Grimauld, Bill Riches, Darryl Lackey, and Shirley Matson.

Bill Dolan responded to questions asked during public comment.  Vicky Parker commented regarding Mr. Maurizio interactions with staff and creation of a hostile work environment.  This is what concerns the insurance providers. Mrs. Parker said this is to get the attention of Mr. Maurizio.

Frank Maurizio addressed the concerns of the Board.

No Vote 2 -2.  Frank Maurizio and Nicole Shupp voted nay.

7.    Discussion and possible decision to approve the Town Attorney to create a Town Board Code of Conduct and Ethical Behavior Ordinance with an appropriate penalty section which will include the ability to fine, sanction, and suspend Town Board members and all matters properly related thereto. (Action)
Nicole Shupp noted that the Board is limited by State law and gave reasons for putting this on the agenda.  There should be ethical standards and the board should be held to a higher standard.

Bret Meich explained that this can be done by a resolution rather than an ordinance.  A resolution would clarify the ethical standards that the Board expects of its members.  Mr. Meich suggested striking ordinance and replace with Resolution striking everything following, leaving it up to the Town Attorney to determine the legality and appropriate sanctions.

Frank Maurizio noted that Nevada already has an Ethics Commission and the Town has a code of ethics in the policy manual.  Mr. Maurizio suggested reviewing the code of ethics and make it more stringent and find a way to enforce it.  Frank Maurizio suggested forming a civilian review board to enforce it consisting of a one lawyer with a practice in Town, two business owners and two members of the public.  The board should not have any relations working for the Town or County or any contracts with the Town or County, and not be felons and have no major records. To make an ordinance may be a violation of the State Ethics Commission.

Bret Meich stated that he would need to look into the Town Personal Policy to see if it applies to the Town Board.  It could be looked at as a reference of a standard of behavior.  If it is the pleasure of the Board, the Attorney can draft a Resolution to set forth a standard of ethics for the members, although not necessary.

Vicky Parker said she does not have a problem with formalizing in a Resolution or not.  Bill Dolan noted that if a Resolution is requested it will have to be brought back on another agenda.

Bret Meich explained the Board may express a general interest in seeing a Resolution produced by staff for a future Town Board meeting; and can be done as a directive.

Chairman Shupp directed the Attorney to proceed.

8.    Discussion and possible decision on approving the drug and alcohol testing policy for the Pahrump Valley Fire-Rescue Service and all matters related thereto. (Action)
Nicole Shupp stated her concerns regarding Section #8 in the policy regarding blood alcohol content.
Michael Sullivan explained that this was a negotiated policy and asked if the Board wanted to direct questions to Tim Murray or it to go back and be looked at again.
Tim Murray, President of IAFF Local 4068, stated that the cut off levels are Department of Transportation standards.
There was discussion between the Board and Mr. Murray regarding random testing, zero tolerance and negotiations.

Vicky Parker motioned to approve the drug testing and alcohol testing policy for the PVFRS and all matters related thereto as negotiated by Mr. Kohbarger and Mr. Murray.  Frank Maurizio seconded the motion.

Comments were heard from Nancy Lord, Harley Kulkin, George Gingell, Donald Cox, and Donna Cox.

Tim Murray pointed out the reason for the cut off levels is due to environmental exposures.

Bret Meich noted that any deviation of the negotiation would require the consent of the Union and might necessitate further negotiations.

Comments continued from Jeff Bobeck, Butch Clendenen, Darryl Lackey, Any Riches, Bill Riches, Harold Grimauld and Bruce Calley.

Nicole Shupp asked for clarification of the negotiated policy.  Mr. Meich explained that the Fire Department has a separate contract with the Town.  This is separate from the Town’s Policy and suggested that the Town Board adopt this item for the purpose of adhering to the collective bargaining agreement. Bill Dolan asked Mr. Meich it was voted not to accept and send it back for more bargaining, would it be classified as bad faith bargaining.  Mr. Meich replied that he feels it would not be in bad faith.  The negotiation team presented this policy for the Board to consider.  If the Board disagrees, it would not be in bad faith.  It would force them back to the negotiation table.  

Vicky Parker asked about the time limit of the contract.  Tim Murray replied that the current contract expires 6/30/2011. He explained how negotiations would begin to make changes to the contract.  There was more discussion with the Board and Mr. Murray.  Mr. Murray noted that they should not be negotiating in public.

Vote failed. 1 - 3.  Bill Dolan, Nicole Shupp and Frank Maurizio voted nay.

9.    Discussion and possible decision on Approval to Transfer Ambulance Fund Delinquent Accounts for January through March, 2010 for Further Collection and Related Accounting Adjustments. (Action)
Bill Dolan asked staff how the private collection agencies are doing with collections.  Mr. Sullivan responded that they are at about 50% on gross billings.

Vicky Parker motioned to approve the transfer of ambulance fund delinquent accounts for January through March, 2010 for further collection related accounting adjustments.  Bill Dolan seconded the motion.

Vote passed 4 – 0.

10.    Discussion and possible decision on authorizing the Town to enter into a settlement agreement with WillDan for resolution of the community pool deck remodel contract not to exceed $7,000.00 and subject to the approval of terms by the Town Attorney. (Action)
Bill Dolan motioned to move forward and let the Town Attorney enter into this agreement for the terms.  Frank Maurizio seconded the motion.

Vote passed 4 – 0.

11.    Discussion and possible decision Consent agenda items: (Action)

a.    Action – approval of Town vouchers.
b.    Action – approval of Town Board meeting minutes of April 13, 2010.
c.    Action – approval of Special Town Board Tentative Budget meeting minutes of April 7, 2010
d.    Action - approval of Pahrump Tourism and Convention Council Grant for the Nevada State Benchpress and Deadlifters Association Annual Championship event, July 23-25, 2010 in the amount not to exceed $5,500 from the Tourism Room Tax Fund. (Action)

Vicky Parker motioned to approve consent agenda items a – d.  Bill Dolan seconded the motion.  

Vote passed 3 – 1.  Frank Maurizio voted nay.

12.    Future Meetings/Workshops: Date, Time and Location. (Action)
Nicole Shupp reminded everyone that the next Town Board meeting will be held at the Artesia Community Center on May 11.
There was discussion concerning moving meetings and a request for minutes was made.

Michael Sullivan announced the mandatory meeting for the Final Budget Hearing would be May 20 at 6:30 p.m. at the Community Center.

Donna Cox commented.

13.    Public Comment. Action 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). (Non-Action)
Harley Kulkin commented about consideration of others.
Andy Alberti commented on moving meetings and live streaming of meetings.
Tom Waters updated the people on the VITA tax program.
Butch Clendenen commented the issue of directing the attorney regarding the code of conduct and suggested incoming board members having training.
Donna Cox commented about moving meetings and liability factors involved. Also noted that people can pick up agendas and CD’s of the meeting can be obtained at the Town Office. She announced that CCSC meet on Mondays.
Tom Zuccarro directed comment to Bill Dolan about getting a name on the Veteran’s Wall.
Nancy Lord commented about moving meetings and the legal ramifications.
John Koenig commented that the Town Board should start getting along.  He thanked the Board for adding Town Board member comments to the end of the meeting along with public comment.
Harold Grimauld commented about a County issue.
Bob Irving suggested using closed circuit for Board meetings.
Jeff Bobeck commented that he thinks meetings should not be moved and mentioned parking concerns.
Bruce Calley commented regarding backup inclusion for the public.  Mr. Meich addressed his question. Mr. Calley stated that meetings in the center of Town would be the logical place.
Sam Jones commented about ethics of the Board.

14.    Town Manager Report. (Non-Action)
Written report provided in the backup.

15.    Town Board Member’s Comments. (Non-Action)
Frank Maurizio stated that on April 4 (April 7) we had budget hearings that only lasted one night.  Mr. Maurizio said he sent an email to Mr. Kohbarger the next day recommending four possible areas to cut.  On Saturday morning he received a call from a resident that Town staff had called saying Frank had threatened him, his job and his livelihood. Mr. Maurizio said he called the Executive Director of the Ethics Commission, faxed her up all the stuff and was told not to worry about it.  Mr. Maurizio said he talked to Mr. Kohbarger as instructed.  Mr. Kohbarger suggested that it looked like he was creating retribution.  Mr. Maurizio said it was not retribution, but budget cuts.  

Bill Dolan asked for clarification of Mr. Irving’s suggestion to set up closed circuit at the Community Center.  Bob Irving explained that if meeting were moved, closed circuit would be available at the Community Center like the County.  Mr. Dolan said he would find out if was feasible with the County to use their equipment and have Mr. Kohbarger get back to Mr. Irving.

Bill Dolan commented on Tom Zuccarro's comments about the Veteran’s Wall.

Mr. Dolan stated that recently there have been two complaints against the Board to the Ethics Commission by Mr. Kulkin and their response (George Taylor) was that the investigation did not find the Board violated either of the Open Meeting Law violations as alleged and the complaints were closed with prejudice.

Nicole Shupp suggested the Board to get together and will direct staff to do a retreat of some sort.

16.    Adjournment.
Meeting adjourned at approximately 9:07 p.m.

Respectfully submitted,


Vicky Parker, Clerk
Pahrump Town Board



/cw

 


 

Pahrump Town Board Meeting
April 27, 2010 – Excerpt

DISCUSSION AND POSSIBLE DECISION ON AUTHORIZING THE TOWN TO ENTER INTO A SETTLEMENT AGREEMENT WITH WILLDAN FOR RESOLUTION OF THE COMMUNITY POOL DECK REMODEL CONTRACT NOT TO EXCEED$7,000.00 AND SUBJECT TO THE APPROVAL OF TERMS BY THE TOWN ATTORNEY
Bill Dolan motioned that we move forward and let the Town Attorney enter into this agreement for the terms.  Frank Maurizio seconded the motion.
Vote passed 4 – 0.  (Mike Darby absent)

 


 

 


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