Agendas & Minutes


February 10, 2009

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
February 10, 2009

 


Agenda


1.    Call to Order.

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

3.    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).

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 pertaining to a Request from Pahrump Valley Disposal for a Rate Reduction and All Matters Related Thereto. (Action)

6.    Discussion and possible decision regarding adding a Standing Item to the Town Board Agenda Entitled: Action – Board Members Comments. (Action)

7.    Second Reading of Ordinance #43: An Amendment to Ordinance No. 43 of the Unincorporated Town of Pahrump, to Revise and Restate the Town’s Regulation Concerning the Collection, Transportation, Deposit, and Disposal of Solid Waste and Recyclables, and Providing for Other Matters Properly Relating Thereto. (Non-Action)

8.    Discussion and possible decision that the Town of Pahrump requests that the Nye County Board of Commissioners move forward with the process for obtaining a Section 10 Permit associated with the Accepted Draft Low-effect Habitat Conservation Plan (HCP) for the Desert Tortoise.  (Action)

9.    Discussion and possible decision regarding moving forward on two recommended ordinances pertaining to vagrancy in public parks.  (Action)

10.    Discussion and possible decision regarding spending up to $25,000.00 to Repair the Irrigation Well Located at Honeysuckle Park and All Matters Related Thereto.  (Action)

11.    Discussion and possible decision regarding spending $8,300.00 for Marker Stones for Chief Tecopa Cemetery and All Maters Related Thereto.  (Action)

12.    Discussion and possible decision regarding a recommendation by the Pahrump Tourism Advisory Board to Accept the Resignation of Mr. Chuck Baker from the PTAB.  (Action)

13.    Discussion and possible decision to approve a Recommendation from the Pahrump Tourism Advisory Board to Deny a Grant Request for $3,000.00 to the Pahrump Arts Council for the “Missoula Children’s Theater “Robin Hood” Production”, from the Tourism Room Tax Fund.

14.    Town Manager Report. (Non-Action)

15.    Consent agenda items:

a.    Action – approval of Town vouchers
b.    Action – approval of Town Board meeting minutes of January 27, 2009
c.    Action – approval of Town Board closed meeting minutes of January 27, 2009.
d.    Action – approval of 72 Hour Liquor License for Our Lady of the Valley Catholic Church for 2009 scheduled events.

16.    Future Meetings/Workshops: Date, Time and Location. (Non-Action)

17.     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 writhing, 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:
1)    PAHRUMP TOWN OFFICE
2)    COMMUNITY CENTER
3)    COUNTY COMPLEX
4)    FLOYD’S ACE HARDWARE
5)    CHAMBER OF COMMERCE
 

 


Minutes


PRESENT:
Nicole Shupp
Bill Dolan
Vicky Parker
Frank Maurizio
Mike Darby
Brett Meich, Attorney

1.    Call to Order.
The meeting was called to order by Chairman Nicole Shupp who led in the pledge of allegiance.

2.    Discussion and possible decision regarding moving the order of or deleting an agenda item(s). (Action)
None

3.    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).
Paula Elefante commented that a study of Pahrump was done. Information included demographics, etc. of the town.  Mrs. Elefante requested all Nye County communities for Town Board members to review the Comprehensive Economic Development Strategy (CEDS) document. She needs input returned as soon as possible in order to pursue federal funds.
Al Balloqui responded that the CEDS document has been circulated and submitted comments to EDEN.
Robert Smith commented on the Town boundaries.
Ron Savage commented regarding the Town mission statement.

4.    Advisory Board Reports, from Advisory Board Chairpersons and/or Town Board Liaisons on the status of Advisory Boards. (Non-Action)
Al Balloqui, Public Lands Advisory Board, has changed meeting dates.  There will be meetings to design Last Chance Park.
Bob Irving, Fall Festival Committee, announced their meeting time change, sponsorship is needed and the 2009 theme is “Celebrations.”

5.    Discussion and possible decision pertaining to a Request from Pahrump Valley Disposal for a Rate Reduction and All Matters Related Thereto. (Action)
John Shea, owner Pahrump Valley Disposal (PVD), explained he is asking for approval to decrease rates for trash pickup.  Having raised prices last May due to the rise in fuel prices, at this time those prices have decreased.  

Pahrump Town Board Meeting
February 10, 2009

Bill Dolan commended PVD for asking for a decrease in these economic times.

Bill Dolan motioned to accept the proposal from PVD for the rate reduction of 1.55%.  Vicky Parker seconded the motion.

Tom Zacharo, Art Jones, Dave Stevens, Bill Dawson and Don Rust commented.

Vote passed 5 – 0.  

6.    Discussion and possible decision regarding adding a Standing Item to the Town Board Agenda Entitled: Action – Board Members Comments. (Action)
Bill Dolan explained that having this item on an agenda is not a violation of the Open Meeting Law per George Taylor of the Attorney General’s office, as he was informed previously.

Bill Dolan motioned to add a standing item to the agenda which would read “Town Board Members’ Agenda, Town Board Member’s Comments, followed by actions cannot be taken on matters considered during this period until specifically included on an agenda item as an action item under NRS 241.020.2C3.  

Bill Kohbarger suggested this be noted as a Non-Action item.  Attorney Brett Meich agreed to the change.  

Bill Dolan amended the motion to remove from action may to the end replacing with “Non-Action” items.  Frank Maurizio seconded the motion.

Vote passed 5 – 0.

7.    Second Reading of Ordinance #43: An Amendment to Ordinance No. 43 of the Unincorporated Town of Pahrump, to Revise and Restate the Town’s Regulation Concerning the Collection, Transportation, Deposit, and Disposal of Solid Waste and Recyclables, and Providing for Other Matters Properly Relating Thereto. (Non-Action)
Vicky Parker stated she has been receiving phone calls pertaining to “mandatory paid trash removal”.  Mrs. Parker explained that there is exclusion on page 10 of the ordinance.

Vicky Parker read the ordinance title.

Bill Kohbarger commented on Section 43.60 regarding Valley Electric Association.

Mike Darby asked for rewording on page 17.  Bill Kohbarger said that can be looked at.  The Board will be voting on this ordinance at the first meeting in March.


Pahrump Town Board Meeting
February 10, 2009

Nicole Shupp explained the publishing process.  The title and detailed summary will be published in the Pahrump Valley Times and the Pahrump Mirror on February 19 or 20, 2009.  The Board will have final adoption of the ordinance on the March 10 agenda.  At this hearing the Board should debate the merits of the proposed ordinance, making changes deemed appropriate. The Board may then adopt the ordinance either as written or amended.  Following the adoption of the ordinance, it must be signed by the chairman and attested to by the Town Clerk.  The ordinance should be published in full in the newspapers on March 18 and 25.  The ordinance would become effective and enforceable on April 10, 2009.

8.    Discussion and possible decision that the Town of Pahrump requests that the Nye County Board of Commissioners move forward with the process for obtaining a Section 10 Permit associated with the Accepted Draft Low-effect Habitat Conservation Plan (HCP) for the Desert Tortoise.  (Action)
Al Balloqui stated that his HCP is most crucial issue affecting the valley in his opinion with regard to our future economic growth.  Mr. Balloqui introduced Jolene Hayworth of JH Resources.  Ms. Hayworth was the preparer of the plan which was passed by the County July, 2008.  Ms. Hayworth explained how the plan was developed, and how it would affect our community.  

Vicky Parker asked if there were limitations on the number of acres in the plan.  Jolene Hayworth noted that the current plan is referred to a short term plan, and acreage has not been set.  Fish and Wildlife Service has offered a number.  There was further discussion regarding the Fairgrounds project.

Vicky Parker motioned that the Board ask the County to proceed with hiring someone to write the justification letter.  Bill Dolan seconded the motion.

Dan Schinhofen noted that it may not be something the Town would do as Ms. Hayworth has all the background, justification, etc.  Mr. Schinhofen said Ms. Hayworth would be the best person to move this forward.  Vicky Parker said she would feel more comfortable asking the county to move forward.  

Mike Darby asked what the impact would be to the Town.  Jolene Hayworth explained the Town could not move forward with the fairgrounds or any commercial or residential properties cannot do so with obtaining a permit, which would be expensive.  There was more discussion regarding moving forward with projects.

Al Balloqui, Nancy Lord, Jeff Weiss, Donald Cox, Mary Balloqui, Lynn Jones and Dave Stevens commented.   Nicole Shupp repeated the motion “to approve sending a letter to the Nye County Board of Commissioners to move forward with the process for obtaining this permit.”

Vote passed 4 – 1.  Mike Darby voted nay.

Pahrump Town Board Meeting
February 10, 2009

9.    Discussion and possible decision regarding moving forward on two recommended ordinances pertaining to vagrancy in public parks.  (Action)
Bill Dolan asked if the comments sent from the Sheriff’s office have been addressed in the proposed ordinance. Bill Kohbarger replied they were.  Vicky Parker noted concern with rights of citizens having alcoholic beverages in the park.  Mrs. Parker said she would support the adoption of the first ordinance, not the one prohibiting alcoholic beverages on Town property.  Attorney Brett Meich noted there were options to choose either “make unlawful the consumption of or possession of liquor” or “possess any glass container on park property”; or strike altogether.  The ordinance can be amended.  Nicole Shupp supported the no glass policy, and Vicky Parker agreed.  Mike Darby asked about the legal definition of a vagrant.  Brett Meich noted vagrant is only used as a reference.  One ordinance relates to park property and the other for aggressive solicitation.  The definition of vagrant is not listed in either ordinance.  Brett Meich asked that staff be directed to publish a summary.  A summary should be published on February 20 in both newspapers.  Review and place on the March 10 agenda.  The ordinance may be adopted at that time or amended on March 10.  If adopted on March 10, the ordinance will be published in full on March 18 and 25 effective April 10, 2009.  

Vicky Parker motioned to go forward and publish on dates above.  Frank Maurizio seconded the motion.

There was public comment from Bill Dawson, Jeff Wiest, Bob Irving, Paula Elefante, Harold Grimald(sp), Nancy Lord, Donald Cox, John Koenig, Bob Miller, Robert Smith, Bruce Calley, Neil Huff , Rolf Kause and Donna Cox.

Vote passed 4 – 1.  Mike Darby voted nay.

10.    Discussion and possible decision regarding spending up to $25,000.00 to Repair the Irrigation Well Located at Honeysuckle Park and All Matters Related Thereto.  (Action)
Bill Kohbarger advised the Board regarding an issue concerning a failed well and the cost to repair one hole.  Additional holes may cost up to $4,000 per hole.  Bill Dolan asked how many holes there are.  Matt Luis noted that very seldom is there more than one.  Mr. Luis added that there will be three bids for this project.

Bill Dolan motioned to set aside $24,000 for the repair of pump in Honeysuckle Park.  Frank Maurizio seconded the motion.

Dave Stevens, Bob Irving, and Bruce Calley commented.

Vote passed 5 – 0.

11.    Discussion and possible decision regarding spending $8,300.00 for Marker Stones for Chief Tecopa Cemetery and All Maters Related Thereto.  (Action)
Pahrump Town Board Meeting
February 10, 2009

Bill Dolan asked if this is funded in the current budget.  Matt Luis replied that it was. Vicky Parker asked what fund it would come from.  Matt Luis replied it would come from the cemetery fund.

Bill Dolan motioned to authorize $8,300 from the current budget for the Cemetery as set aside designated for marker stones for Chief Tecopa Cemetery and have Matt Luis take action.  Frank Maurizio seconded the motion.

Gordy Jones asked if the Chief Tecopa Cemetery was a Veterans Cemetery.  Matt Luis explained that the veterans is a section of the Chief Tecopa Cemetery

Vote passed 5 – 0.

12.    Discussion and possible decision regarding a recommendation by the Pahrump Tourism Advisory Board to Accept the Resignation of Mr. Chuck Baker from the PTAB.  (Action)
Vicky Parker motioned to accept the resignation of Mr. Chuck Baker from the Pahrump Tourism Advisory Board.  Bill Dolan seconded the motion.

Vote passed 5 – 0.

13.    Discussion and possible decision to approve a Recommendation from the Pahrump Tourism Advisory Board to Deny a Grant Request for $3,000.00 to the Pahrump Arts Council for the “Missoula Children’s Theater “Robin Hood” Production”, from the Tourism Room Tax Fund.
Bill Kohbarger explained that this request was denied by the Tourism Advisory Board.  The Pahrump Arts Council is now coming to the Board for approval.  Mr. Kohbarger explained it was denied for just reasons.

Bill Dolan motioned to deny request for $3,000 for PAC.  Vicky Parker seconded the motion.

Vicky Parker explained some reasons for the denial by the advisory board.  

The following people commented on this item; Don Rust, Loretta Lindell, Maria Hurst, Anna Rose Hurst, Rodney Camacho, Dave Stevens, Sean Brooks, Donna Cox, Paula Elefante and Jeff Wiest.

Bill Dolan asked for the reasons this was denied.  Bill Kohbarger said, as Mrs. Parker explained and, it was not a tourism event.  Bill Dolan explained that this will be covered in the new policy that the Tourism Board is working on.  Mr. Dolan also addressed again that the budget numbers do not add up.  Mr. Kohbarger noted that the budget was also discussed at the Tourism meeting.

Vote failed 1 – 4.  Vicky Parker voted aye.

Bill Dolan motioned to approve based on public comments, $500 for this event to come from Tourism Advisory Board Funds (Tourism Room Tax).  Mike Darby seconded the motion.

Pahrump Town Board Meeting
February 10, 2009

Rodney Camacho thanked the Board for their consideration, and they will continue fundraising.  Donna Cox commented about raising the amount.  Dave Stevens also commented.

Vote passed 5 – 0.  

14.    Town Manager Report. (Non-Action)
No report given.

15.    Consent agenda items:

a.    Action – approval of Town vouchers
b.    Action – approval of Town Board meeting minutes of January 27, 2009
c.    Action – approval of Town Board closed meeting minutes of January 27, 2009.
d.    Action – approval of 72 Hour Liquor License for Our Lady of the Valley Catholic Church for 2009 scheduled events.

Bill Dolan motioned to approve consent agenda items a – d as provided.  Frank Maurizio seconded the motion.

Vote passed 5 – 0.

16.    Future Meetings/Workshops: Date, Time and Location. (Non-Action)
None

17.     Adjournment.
Meeting adjourned approximately 8:52 p.m.

Respectfully submitted,


Vicky Parker, Clerk
Pahrump Town Board


/cow

 


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PDF Backup Agenda February 10, 2009 3MB