Agendas & Minutes


August 23, 2005

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
August 23, 2005

 


Agenda

1.    Call to order     
A.    Pledge of allegiance
B.    Welcome

2.    Action - Discussion and decision regarding agenda items.  

3.    Announcements.

4.    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).

5.    Action - Discussion and decision regarding engagement letter for interim legal services.  Town Manager

6.    Action - Discussion and decision regarding MAP marketing brochure and letter of introduction.  Town Manager

7.    Action - Discussion and decision regarding American West development agreement Section 5.2.  Town Manager

8.    Action - Discussion and decision regarding identification of public lands for community purpose and economic development – Resolution #2005-36.  Town Manager

9.    Action - Discussion and decision regarding Town Manager performance evaluation results.  Town Manager

10.    Action - Discussion and decision regarding Pahrump Arena Advisory Board revised bylaws and constitution.  L.C. Murray/Scot Tibbits or Gary Gilpin

11.    Advisory Board reports

12.    Action - Discussion and decision regarding canceling September 27, 2005 Town Board meeting to accommodate Fall Festival use of Community Center.  Ed Bishop/Town Manager



13.    Consent Agenda Items:
A.    Action-approval of Town vouchers
B.    Action-approval of Town Board meeting minutes of August 9, 2005

14.    Adjournment


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

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

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

CALL TO ORDER

Chairman Richard Billman called the meeting to order and led in the Pledge of Allegiance.  Chairman Billman welcomed all those in attendance.  He recognized Judith Ray from Congressman Gibbons office and Ron Schmitt from the City of Sparks.  

DISCUSSION, ACTION AND DECISION REGARDING AGENDA ITEMS

No changes were made to the agenda.

ANNOUNCEMENTS.

Mrs. Murray read the announcements.

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).

Ron Schmitt, President of the Nevada league of Cities, thanked the Pahrump Town Board and Staff for all the help they give to the Nevada league of Cities.  

Tim Hafen mentioned that the subdivision development and RV park on Sherri’s Ranch was approved.  He said that the Town could gain taxes on those developments though a simple procedure.  He said it would be simple to annex the developments and by doing this it would allow for the Town to get room taxes and so on.        

ACTION - DISCUSSION AND DECISION REGARDING ENGAGEMENT LETTER FOR INTERIM LEGAL SERVICES.  TOWN MANAGER


The Town Manager asked the Board to approve the engagement letter for interim legal services from Leonard Smith at a cost of $5,000 per month retainer fee.  He mentioned that it would be for a period of one year, so the Town could look for a permanent replacement.

Leonard Smith stated that he was the Pahrump Town Attorney previously for 13 years and would like to help out the Town while they work on getting a new attorney.  He said that he would be available to the Town on a 24/7 basis for the year.  He stated that he has been an attorney for 33 years and never once be sued.

Paul Willis moved to approve the appointment of Leonard Smith as interim Town Attorney.

Ron Johnson seconded the motion.

Laurayne Murray stated that she agreed, but suggested that more detail be added to the engagement letter to include, that he will be in attendance to all Town Board meetings, and special Town Board meetings, that he will provide written legal opinion on Town Board issues as requested, and that the engagement may be canceled by either party without penalty by 30 days written notice.  

Leonard Smith stated that he had no problems with those requests, however he said canceling the service on a 30 day notice would be very difficult and suggested that a 90 day notice be given.  

Laurayne Murray explained that she didn’t want the Town to be obligated to a year if they did find someone to be the Town Attorney sooner than a year.  She amended her suggestion to a 90-day notice.

 Paul Willis stated that he was going to leave his motion the way it was, he said that everything she said was already understood.

Art Jones, concerned citizen, stated that when Mr. Smith was the attorney before he did come to all the meetings and returned phone calls promptly.  Art said that he believed the Mr. Smith would do a good job for the Town.  

Chairman Billman called for the vote.  It carried 4-0.

Leonard Smith mentioned that if the Board has any questions or problems to call him, that he has no problem responding.  

ACTION - DISCUSSION AND DECISION REGARDING MAP MARKETING BROCHURE AND LETTER OF INTRODUCTION.  TOWN MANAGER

The Town Manager stated that the draft of the MAP marketing brochure and letter of introduction has been completed.  He recommended that the Board approve the MAP marketing brochure and letter of introduction.  He said they would be used to mail out to prospective businesses that have been identified by MAP as business that are likely to relocate to Pahrump.  

Ron Johnson asked if the Board was going to be involved in the editing of the brochure.

The Town Manager stated that they could provide comment on it.

Paul Willis asked the Town Manager what his recommendation was regarding the brochure.

The Town Manager stated that he wanted the Board to be comfortable with the brochure and if they had comments they would be considered.  However if comments are going to be provided he asked that they be given in a timely manner.

Chairman Billman explained that he didn’t what the Board to get involved in taking over the writing of the brochure.  

Paul Willis moved to go forward with the marketing brochures and letter of introduction.

Laurayne Murray seconded the motion.

Chairman Billman called for the vote.  It carried 4-0.   

ACTION - DISCUSSION AND DECISION REGARDING AMERICAN WEST DEVELOPMENT AGREEMENT SECTION 5.2.  TOWN MANAGER

The Town Manager stated that the proposal from American West in section 5,2 had been amended to include a $500,000 donation to Nye County Fire Department for its sole and discretionary use in the provision of fire services and  $150 fee for each residential unit within the planned community for the same purpose.  He stated that Mr. Dunford indicated the he would provide an amended section of the agreement that would reflect a change to Pahrump Valley Fire and Rescue Services, from the Nye County Fire Department, however he had not see it.  The Town Manager stated that the reason why the $500,000 was not mentioned at the previous meeting was because he understood the $500,000 to be an advance, not in addition to the $150 per residential unit.  The Town Manager recommended to move to reject the current offer and continue negotiations.

Paul Willis said he wanted to clarify if it was $500,000 up front plus $150 per residential until.  

Mark Dunford explained that the agreement states that they would be willing to pay $500,000 up front, and in addition to that pay $150 per door when the pull the building permits.   
 
Laurayne Murray made a declaration stating that she is related to a person having an interest on the Fire Department and that she will still vote on this item as the resulting benefit or detriment accruing to my interest or the interest of the person to whom I have a commitment in a private capacity is not greater than that accruing to any other member of the public, general business, profession, occupation.  She moved to accept the proposed amended section 5.2 of the development agreement with the change that the owner shall donate $500,000 to the Town of Pahrump for its sole and discretionary use in the provision of fire services and in the seconded paragraph the owner shall contribute a per unit fee of $150 at the issuance of a building permit for each residential unit within the planned community to the Town of Pahrump for its sole and discretionary use in the provision of fire services.  

Chairman Billman seconded the motion.  He mentioned that it was not everything that they wanted, but more than they started with.  He said he wasn’t sure that they had any standing except with regard to section 5.2.

Paul Willis stated that he would reluctantly approve the motion as written.

Laurayne Murray stated that there was a motion on the floor, and that Chairman Billman had seconded it.  She mentioned that Mr. Willis has been very forth coming in trying to get everything they can for the Community, and she feels that they shouldn’t give up on addressing parks, etc. with the other developers including this one, but because of the legal restrictions it is a reasonable offer to accept.

Ron Johnson stated that he wanted to make sure the appropriate corrections were made.  

Mark Dunford mentioned that he made the changes on his copy and thought that he had sent them to Mr. Richards.  

Dury Thompson stated that the offer was not a good one.  He said that if the Board accepts the offer that they will be shortchanging safety of the public.

Paul Willis expressed that he agreed with Mr. Thompson, that it is not a very good agreement but legally they don’t have room to negotiate.  He stated that he found it offensive that they refused to talk about anything else.  That they talk about being a good neighbor and then they push a legal exception that excludes them from paying their fair share.  He also stated that he took offense by being put in this position by the Commissions.  

 Lawrence Baked stated that he also felt that it was not a good deal.  

Paul Willis mentioned that if in the future any of the same players are involved in development agreements that the Town Board remember the sense of fair play that they gave to the Town, and what really happened.

Chairman Billman called for the vote.  It carried 4-0.   

ACTION - DISCUSSION AND DECISION REGARDING IDENTIFICATION OF PUBLIC LANDS FOR COMMUNITY PURPOSE AND ECONOMIC DEVELOPMENT – RESOLUTION #2005-36.  TOWN MANAGER

The Town Manager stated that they County is attempting to have Federal legislation prepared that addresses public land issues and the final product is envisioned to be similar to other County Land Management Acts.  He stated that the County is requesting that the Town identify public land to be designated as disposable for competitive sale, economic development, and other non-public purposes, or to be designated for public purposes and community development.  Other actions to be identified include direct disposal for public purposes, removal of disposal lands, and land actions that are already in progress, which includes Last Chance Park.  He stated that a list was prepared and included in the back up material.  The Town Manager recommended approving the resolution, which will be forwarded to the County for inclusion in their coordination with the Federal delegations, delegating land for future community purposes and economic development.    

Paul Willis moved to approve resolution #2005-36.

Laurayne Murray seconded the motion.

Chairman Billman called for the vote.  It carried 4-0.

ACTION - DISCUSSION AND DECISION REGARDING TOWN MANAGER PERFORMANCE EVALUATION RESULTS.  TOWN MANAGER

The Town Manager stated that the review for the Town Manager Performance had been completed.  He stated that the he met or exceeded Board expectations in each of the 14 elements evaluated, and that 12 of the elements were exceeded with an average score of 6.8.  The scores were calculated 4 different ways and the average of all methods resulted in a score of 7.10.  He recommended that the Board accept the Town Manager’s evaluation results and place them in his personnel file.   

Laurayne Murray moved to accept the current 5 Town Board member’s evaluations and the Town Manager’s performance and place those evaluations in his personnel file.

Ron Johnson seconded the motion.  

Laurayne Murray mentioned that she would like to see the them move forward with objective setting so that next year the Board has objectives to measure against when doing the evaluation.  

Dury Thompson stated that when the performance evaluation is as good as the Town Manager’s is that he should get a raise.    

The Town Manager stated that the motion was different from his recommendation.

Chairman Billman called for the vote.  It carried 3-1.  Paul Willis voted nay.

ACTION - DISCUSSION AND DECISION REGARDING PAHRUMP ARENA ADVISORY BOARD REVISED BYLAWS AND CONSTITUTION.  L.C. MURRAY/SCOT TIBBITS OR GARY GILPIN

Scot Tibbits stated that the Arena Advisory Board had updated their bylaws.  They changed their meeting date from the first Saturday of every month, to the first Thursday of every month or as needed.  They also made a couple of other changes.

Laurayne Murray moved to accept the Arena Advisory Board Bylaws and Constitution.  

Paul Willis seconded the motion.

Ron Johnson stated that in the Arena Bylaws it stated acquiring property both real and personal, he asked how they were going to acquire property.

Scot Tibbits replied saying that the Town acquires land for the Arena Advisory Board, the Arena Board only recommends land, but the Town has to acquire it.

Ron Johnson asked how the money is handled.

Scot Tibbits stated that the only money that the Arena Board takes in would be a check or money order, and that they are forwarded to the Town with the reservation form.  The sponsor of the event brings their deposit check or fees for damage to the Town Office with their proof of insurance.  

Ron Johnson asked if legal counsel had approved the documents used by the Arena Board.

Scot Tibbits stated that Mr. Smith approved the forms they use when he was the Town Attorney.  

Paul Willis asked if the bylaws were in align with what they require from the Town.

The Town Manager stated that they were.

Chairman Billman called for the vote.  It carried 4-0.

ADVISORY BOARD REPORTS

Lawrence Baker stated that the Public Lands Advisory Board is continuing to work on the Veterans Cemetery.

Scot Tibbits stated that the Arena advisory Board is going forth and updating the Arena and looking at the plans for the new fair grounds.  He said that the Rodeo for Fall Festival is progressing forward.  

Paul Willis requested if Mrs. Murray would inform the Board on what is going on with the RPC.

Laurayne Murray said that she would inform the Board about what happens with the RPC meetings.  She stated that those meetings don’t have anything to do with development agreements.

ACTION - DISCUSSION AND DECISION REGARDING CANCELING SEPTEMBER 27, 2005 TOWN BOARD MEETING TO ACCOMMODATE FALL FESTIVAL USE OF COMMUNITY CENTER.  ED BISHOP/TOWN MANAGER

The Town Manager stated the Ed Bishop wanted to cancel the September 27, 2005 meeting to accommodate The Fall festival.  The Town Manager stated that he felt it would be fine to cancel the meeting as long as there was advance notice given so items could be placed on the agenda before or after the September meeting.  He also asked that because there is three weeks before the next Town board Meeting if members on the Board could come in and sign the vouchers on August 31st.    

Paul Willis moved to cancel the September 27th Town Board Meeting to accommodate Fall Festival use of the Community Center.

Ron Johnson Seconded the motion.

Paul Willis asked if he needed to include, getting all the paper work signed by the 31st of August.

The Town Manager said yes.

Paul Willis amended his motion to include that the vouchers be signed by the 31st of August.  

Ron Johnson amended his second.

Chairman Billman called for the vote.  It carried 4-0.

CONSENT AGENDA ITEMS:
A.    Action-approval of Town vouchers
B.    Action-approval of Town Board meeting minutes of August 9, 2005

Paul Willis moved to approve consent agenda items A and B.

Laurayne Murray seconded the motion.

Chairman Billman called for the vote.  It carried 4-0.

ADJOURNMENT

Richard Billman adjourned the meeting.

Respectfully submitted,       


Laurayne Murray, Clerk

Pahrump Town Board Meeting
August 23, 2005

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

 


Backup

There is no backup posted for this meeting.