Agendas & Minutes


February 26, 2008

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
February 26, 2008

 


Agenda

1.    Call to Order, Pledge of Allegiance, and Welcome.

2.    Discussion and decision regarding agenda items.

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.

5.    Discussion and decision closure of meeting pursuant to NRS241.031 to consider the character, alleged misconduct, professional competence, or physical or mental health of Donald Shupp.

6.    Closed meeting pursuant to NRS 241.031

7.    Discussion and possible decision on issues presented in the Closed Meeting

8.    Discussion and decision regarding Resolution 2008 -04 accepting and approving the 2007/08 Town audit and supplemental materials.  Finance Director/Town Manager

9.    Discussion and decision regarding request for $2,700 for advertising to promote Earth Day and Town Clean-up April 19, 2008.  Dan Sprouse/John Pawlak

10.    Discussion and decision to accept the resignation of David Patten from the Parks and Recreation Advisory Board and to accept Jeff Stacey as a regular member and Ken Causey as alternate member.  Nicole Shupp/Matt Luis

11.    Discussion and decision regarding breaking the Memorandum of Understanding with Nye County and creation a Pahrump Town Ordinance to ensure Pahrump Valley Fire Rescue Service (PVFRS) is the lead agency for FIRE/EMS/HAZMAT within the boundaries of the Unincorporated Town of Pahrump and other matters relative to PVFRS.  Dan Sprouse

12.    Discussion and decision regarding request for up to $2,500 grant from Room Tax for the First Annual Blue Grass Festival to be held in March.  Dan Schinhofen/Laurayne Murray

13.    Discussion and decision regarding Death Valley Junction sign lease renewal at $100.00 per month from Room Tax.  Paula Glidden/Laurayne Murray

14.    Discussion and decision regarding request for up to $2,500 for Pahrump Valley High School Rodeo from Room Tax.  Ron Williams/Laurayne Murray

15.    Discussion and decision regarding request for up to $5,200 for Professional Bullriders Rodeo event May 3, 2008 at McCullough Arena.  Steven Lee/Laurayne Murray

16.    Discussion and decision regarding Independence Day Celebration 1) Zambelli proposal requested by Town Board, accept, reject or modify; and 2) Freedom Festival event, solicit bids or offers.  Laurayne Murray

17.    Discussion and decision regarding appointment of Michael Sullivan to serve concurrently as Finance Director and Interim Town Manager for a limited period of time and to provide incremental compensation.  Michael Sullivan

18.    Future meetings/workshops; date, time and location.

19.    Consent Agenda Items

a.    Action - approval of Town vouchers.
b.    Action - approval of Special Town Board meeting minutes of February 5, 2008.
c.    Action – approval of Town Board meeting minutes of February 12, 2008.
d.    Action - approval of 72 hour Liquor Permit for May 3, 2008 for Artesia Owners Association for Cinco de Mayo and Octoberfest on October 2nd, 2008 at the Artesia Community Center.  

20.    Adjournment

A quorum of Nye County Commissioners may be present at any Town Board meeting but they will not take any formal action.

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.

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

 


Minutes


PRESENT:
Laurayne Murray
John McDonald
Don Rust
Nicole Shupp
Dan Sprouse
Carl Joerger, Attorney
Michael Sullivan

Call to Order, Pledge of Allegiance, and Welcome

Chairman Laurayne Murray called the meeting to order and led in the Pledge of Allegiance.

Discussion and decision regarding agenda items

Mr. Sullivan asked that Item #8 concerning the Town audit be postponed until Dan McArthur arrives.  There were no objections to this request.

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).

John Shea of Pahrump Valley Disposal updated the Board on the status of the recycling program and the expansion requested by the Board to investigate and bring back a more detailed budget and program description.  Mr. Shea noted that there have been meetings with the Engineer for a scope of work and how to proceed.  The County expressed interest in the Town’s program and how they can get involved.  The scope of the project has now expanded.  Engineers have been given new information and will come back with a broader scope.  

Dave Stevens commented on the increase in his garbage pick up bill since the recycling program was discussed.

Dave Richards thanked the community for their support of him as Town Manager.



Pahrump Town Board Meeting
February 26, 2008

Advisory Board reports

John McDonald reported that the Pahrump Veteran’s Memorial Advisory Board is working on several changes to their Board and will be coming to the Town Board at a later date.  They are struggling with levels and method of recognition for people who are contributing.  

Dan Sprouse reported that there is an agenda item coming later regarding the Earth Day event from the Nuclear Waste and Environmental Advisory Board.

Discussion and decision closure of meeting pursuant to NRS241.031 to consider the character, alleged misconduct, professional competence, or physical or mental health of Donald Shupp

John McDonald motioned to close the meeting as stated.  Dan Sprouse seconded the motion.

Vote passed 5 – 0.

Nicole Shupp announced that she would not be attending the closed meeting due her relationship with the person named.

Dan Sprouse stated that he would attend the closed session but would abstain from voting on any motions.

Closed meeting pursuant to NRS 241.031

Closed session
Laurayne Murray reconvened the meeting.

Discussion and possible decision on issues presented in the Closed Meeting

John McDonald motioned to support the decision of the Fire Chief to terminate Mr. Shupp.  Don Rust seconded the motion.

Carl Joerger suggested amending the motion to state that the Board is finding the actions of the Fire Chief in terminating Mr. Shupp were reasonable.

John McDonald amended his motion to show that the actions of the Fire Chief were reasonable under the circumstances.  Don Rust amended his second as well.

Vote passed 3 – 0 – 2.  Nicole Shupp and Dan Sprouse abstained.
Pahrump Town Board Meeting
February 26, 2008

Discussion and decision regarding request for $2,700 for advertising to promote Earth Day and Town Clean-up April 19, 2008  Dan Sprouse/John Pawlak

John Pawlak, Nuclear Waste and Environmental Advisory Board member, spoke regarding the history of the Earth Day event and the Town Clean Up.  The Earth Day event is scheduled for April 19th at Honeysuckle Park and is sponsored by the Nuclear Waste and Environmental Advisory Board, and the Clean Up is headed by former Nye County Commissioner, Patricia Cox and supported by Pahrump Valley Disposal.  Mr. Pawlak noted that the Chamber of Commerce is participating and will be taking calls for registration of the clean up crews as they have in the past.  Mr. Pawlak explained that they are requesting a larger amount of monies due to the growth of the events that will make the Town more attractive to visitors and residents of the valley.  The money will be used for newspaper advertisements for approximately $2700 with ads appearing in local monthly magazines and through posters and flyers.  This will also include money for Earth Day entertainment.  Donations are currently being accepted to help defray any additional costs.  He thanked the Board for any and all support whether it be monetary support or working with the Town Clean up.  

John McDonald asked which fund this would come from.  Chairman Murray said it would come from the State Room Tax Fund.

Dan Sprouse thanked John Pawlak for all his involvement in the community.  

Dan Sprouse motioned to approve up to $2,700 for advertising for Earth Day/Town Clean Up from State Room Tax fund.  Nicole Shupp seconded the motion.

Vote passed 5 – 0.  

Discussion and decision to accept the resignation of David Patten from the Parks and Recreation Advisory Board and to accept Jeff Stacey as a regular member and Ken Causey as alternate member    Nicole Shupp/Matt Luis

Nicole Shupp motioned to accept the resignation of David Patten from the Parks and Recreation Advisory board and to accept Jeff Stacey as a member and Ken Causey as an alternate.  Dan Sprouse seconded the motion.

Vote passed 5 – 0.

Chairman Murray asked the Board to consider Items 12, 13, 14, and 15 as a consent item as they are all recommendations to spend monies from the Room Tax Fund.  All items have been supported by the Tourism Advisory Board.  

Pahrump Town Board Meeting
February 26, 2008

John McDonald requested that Item #15 be considered separately.  

Discussion and decision regarding request for up to $2,500 grant from Room Tax for the First Annual Blue Grass Festival to be held in March   Dan Schinhofen/Laurayne Murray

Discussion and decision regarding Death Valley Junction sign lease renewal at $100.00 per month from Room Tax      Paula Glidden/Laurayne Murray

Discussion and decision regarding request for up to $2,500 for Pahrump Valley High School Rodeo from Room Tax       Ron Williams/Laurayne Murray

Paula Glidden, Tourism Advisory Board Chairman, explained that these items will be handled from room tax money.  The first annual Blue Grass Festival is requesting $2500 for advertising.  

The next item is regarding the sign at Death Valley Junction which is on private property and is currently used for advertising.  The Town has total control of the sign.

The third item is regarding the Pahrump Valley High School Rodeo which is asking for $2500 and has been previously funded every year.

John McDonald asked who sponsors the Blue Grass Festival.  Ms. Glidden replied that it is a private event that is finding sponsorship throughout the community on its own.  The Tourism Advisory Board debated this project as they do not normally fund private events.  Paula Glidden explained that the Tourism Board looked at the event and decided the event could bring dollars into the Town and could be expanded over the years.  This is seed money and they are hoping this event will fund itself in the future.  John McDonald clarified that this is a for profit event and he has a problem with that.  Mr. McDonald said it would be setting a precedence and others may come to the Town for financial assistance for starting a business.  Paula Glidden said the Tourism board discussed this and felt they needed to be proactive.  This is one event that could build in size very quickly.  

Mr. McDonald asked if the event is expected to be well attended, why advertise it.  Paula Glidden responded that they would like to help the event coordinator.  John McDonald pointed out that he has no back up for this item and no information on the sponsor.  Paula Glidden said the coordinator was Mr. Schinhofen and he is also the promoter.  Mr. McDonald stated there was no budget or description other than a memorandum from Ms. Glidden stating the Tourism Board had approved this request.  Paula Glidden explained that Mr. Schinhofen filed all the grant request information and apologized that the information was not presented for the Board’s back up.  


Pahrump Town Board Meeting
February 26, 2008

Michael Sullivan stated that the back up information can be provided to Mr. McDonald.  Laurayne Murray said that the grant package has been included for previous requests and the letter indicates that they did do the required request information for Tourism.  This event will bring tourism to Pahrump from outside the area which will be putting money back into the room tax fund, Mrs. Murray explained.  

Michael Sullivan added that from a profit standpoint that an agreement with Tourism was made for in kind exchange with the coordinators publication.  Mr. Sullivan said Mr. Schinhofen is open to having some of the profit going into the community.   The recipients of the funds do have to report back on the event and how profits are used in the community.  

Mr. McDonald asked if this is going to be done with every promoter that comes into town and promises to fill hotel rooms.  John McDonald said he felt the Board would be setting precedence as the Town would be paying for operating expenses of these people.  Mr. McDonald said if it was for a non profit, he would have no problem.   

Paula Glidden responded that this is where Tourism needs to broaden their scope.  The festival is an event that will bring in people from other areas and spend their dollars in Pahrump.  

John McDonald said he had no copy of a contract or anything to support or justify spending $2,500.  Ms. Glidden apologized that the information was not available for the backup.  Paula Glidden explained that Mr. Sullivan has prepared a Memorandum of Understanding that will help future for profit entities to track their dollars better and how the money will reenter the community.  

Laurayne Murray noted that the information is available and that all grant request information had been provided and was reviewed by the Tourism Advisory Board and approved by them.  Ms. Glidden stated that there is a banner that they will be required to use and post so there is general knowledge that the Town of Pahrump is a sponsor of the event.  Mr. Schinhofen will be providing the Town with a page in his magazine for future events.  It is also required they do a sign for advertising their event.  Michael Sullivan noted that the Tourism Board will be bringing a package before the Board in the near future.  

Dan Sprouse stated that he agreed with Mr. McDonald in that the influx of requests if the precedence is set which will have to be filtered by the Tourism Advisory Board.  Mr. Sprouse explained that he does not spend taxpayers’ dollars without reason so all the information needs to be present with requests.  

Paula Glidden explained some the ways the Room Tax money will be generated from this event.  
Pahrump Town Board Meeting
February 26, 2008

Don Rust stated that this is not precedence as this Board and others have supported for profit events.  This is a new event.  The Board needs to review everything that is presented.  Ms. Glidden explained that they have refused support to various groups that have not fit the criteria.

Don Rust motioned to approve Item #12 (Discussion and decision regarding request for up to $2,500 for the First Annual blue Grass Festival to be held in March) for up to $2,500: Item #13 (Death Valley Junction sign lease renewal at $100 per month from Room Tax) for up to $1,200 for a one year lease; and Item #14 (request for up to $2,500 for Pahrump Valley High School rodeo from Room Tax) up to $2,500 for these three items to come from Room Tax funds.  Nicole Shupp seconded the motion.   

Michael Sullivan noted that the lease for the Death Valley Junction sign is not up until October, however the Tourism Advisory Board would like to enhance that existing sign and the Tourism Board wanted some direction from the Board that the sign will continue there.  

Bob Irving commented that the Blue Grass Festivals grow every year and it will bring culture to the community.

Rodney Camacho commented that the Pahrump Arts Council is also sponsoring the Blue Grass Festival.  Mr. Camacho stated it will grow each year.  The Pahrump Arts Council fully supports this event.

Patricia Cox commented that her neighbor has this type of festival each year at her house and between 75 to 125 show up for this at her house coming from all over.  Mrs. Cox said this event could bring success.

Dan Sprouse asked if Mr. Rust would modify his motion to reflect a request from the Town Board for items requested from Mr. McDonald, such as a budget.  Mr. Rust asked if the supporting documents from the grant request include a budget.  Ms. Glidden replied yes.  Don Rust stated he sees no need to amend his motion but would like to see the documentation.  Mr. Sullivan said he would send it out to the Board.

Vote Item #12 passed 4 – 1.   John McDonald voted nay.
Vote Items #13 and #14 passed 5 – 0.

Discussion and decision regarding request for up to $5,200 for Professional Bull riders Rodeo event May 3, 2008 at McCullough Arena        Steven Lee/Laurayne Murray

Paula Glidden presented addition back up showing where this money is going to be spent.  
Pahrump Town Board Meeting
February 26, 2008

Nicole Shupp motioned to accept additional back up.  Dan Sprouse seconded the motion.

Vote passed 5 – 0.

Paula Glidden explained that the request is for funding advertising for the Professional Bull riders Rodeo (PBR) event coming to Town.  This is an item that the Tourism Advisory Board struggled with.  They are in support of this item as they understand the economic drive that could come to Pahrump.  Her feelings are that this would be a growing event.  The advisory board felt it was big enough and important enough to fund this event up to the $5,200 as requested.  The money will be used for advertising on the Highway stations and rodeo events.  Sponsorship requests for this event originally were turned down, however they could support advertising.  Pahrump is being advertised on the PBR website.  

John McDonald stated his feelings for this event are the same as previously expressed for the Blue Grass festival because it is a for profit event.  Paula Glidden responded that their advisory board felt they did not want to be the ones that did not help.  They felt the Tourism Board should be pro-active.  Banners will be up announcing that there is sponsorship from the Town of Pahrump as well as in the radio advertisements.  

Laurayne Murray explained that the grant application was reviewed the promoter’s ads and found that they were not doing radio in Las Vegas because of the expense.  The Tourism Board felt this was important and provided the event promoter with a package from the Chamber of Commerce for advertising on radio stations to reach a larger audience to bring attention to Pahrump.  

Don Rust stated that you have to spend money to make money.  There is a need to spend money for the Town to make money and the merchants within it.

Karen Spalding commented that it will be a fun packed weekend.  Cinco de Mayo will be held that weekend as well as the Biz Expo.  The Cinco de Mayo will be mentioning the rodeo in its advertising, therefore stretching the dollar.  The rodeo had to get permission to use the arena from the Arena Advisory Board.  They charge a fee for the arena so the Town will be getting a percentage of their profit from the Arena.  Michael Sullivan confirmed that there is a 20% for commercial entities.  John McDonald noted that it is 20% of their admissions whether they make a profit or not.  Mr. McDonald stated that the promoter assures that he will fill the arena.  

Don Rust motioned to approve this item up to $5,200 from Room Tax funds.  Dan Sprouse seconded the motion.

Rodney Camacho commented that this will include Spanish advertisement.
Pahrump Town Board Meeting
February 26, 2008

Vote passed 4 – l.  John McDonald voted nay.

Discussion and decision regarding Resolution 2008-04 accepting and approving the 2007/08 Town audit and supplemental materials    Finance Director/Town Manager

Dan McArthur, Independent Auditor, reported that he performed an audit of the financial information of the Town ending June 30, 2007.  Mr. McArthur noted that he has provided an audit report noting a clean opinion meaning financial statements fairly present the activity of the Town of Pahrump.  Mr. McArthur added that on page 111 of the report is a letter relating to his examination of Nevada Revised Statutes and the Town’s compliance of those financial items.  On that page there are references to the NRS.  His examination did not find any area that required notation.  Dan McArthur said he found no non compliance issues with regard to financial compliance.  

Mr. McArthur continued to address the audit report noting some numbers in the financial statement in several different funds.  All the summaries of funds can be found on page 13 of the audit report.  Dan McArthur pointed out some special items that he wanted to clarify for the Board.  

Dan McArthur explained his Management Comments letter.  This is a statement that stays with the Town.  Mr. McArthur noted three items that need attention for improvement.  The items noted are those which the Town needs to work on.  The first is the ambulance capital budget.  His concern is to insure that there is a proper budget in place.  Mr. McArthur recommended that a ten (10) year plan be put in place for replacement of ambulance equipment.  The status is that there is the imposition of the fire service impact fees and the Town is still working on the ten year plan.  Dan McArthur said he would like to see some work done on this.  Mr. McArthur talked about the bad debt write off policy.  This was discussed last year but was not implemented due to changes in staffing.  There were also comments on segregation of duties.  This, he said, is a control mechanism that auditors look at to make sure the same person or persons are taking care of the same transactions from start to finish.  Suggestions were made about separation of duties concerning billings, bank reconciliations, making deposits, etc.  Addition persons will be needed to help implement this, Mr. McArthur noted.  This will be followed up on.

Dan McArthur stated that he feels the Town is in a good financial position right now and feels things are moving along well.

Don Rust motioned to approve Resolution #2008-04 approving the external audit for fiscal year 2006/2007 as presented by Mr. McArthur.  Nicole Shupp seconded the motion.  


Pahrump Town Board Meeting
February 26, 2008

John McDonald pointed out that the resolution reads the audit was completed in accord with general accepted accounting principles.  Mr. McDonald suggested the wording should be “accepted auditing standards.”  Mr. McArthur agreed that it should say “auditing standard.”  

Don Rust modified his motion to correct the wording as stated.  Nicole Shupp modified her second.

Vote passed 5 – 0.

Discussion and decision regarding breaking the Memorandum of Understanding with Nye County and creation a Pahrump Town Ordinance to ensure Pahrump Valley Fire Rescue Service (PVFRS) is the lead agency for FIRE/EMS/HAZMAT within the boundaries of the Unincorporated Town of Pahrump and other matters relative to PVFRS.     Dan Sprouse

Dan Sprouse noted that the Board of County Commissioners (BOCC) voted to eliminate the Mutual Aid Agreement.  Mr. Sprouse explained the mutual aid agreement allowed Pahrump Valley Fire-Rescue Service (PVFRS) automatic mutual aid meaning in the event of a motor vehicle accident north of the Town of Pahrump boundaries, into Nye County, PVFRS would be automatically dispatched for any incident.  This agreement was broken by the BOCC and there is a question of why.  Mr. Sprouse explained more about the agreement and how it worked with the Nye County Emergency Services (NCES).  It was determined that the skill level of those was not par with the PVFRS staff causing liability issues.  Dan Sprouse noted that there has been a massing of equipment within the Town of Pahrump by NCES.  Mr. Sprouse said he has been unable to get an answer regarding this.  Dan Sprouse feels that with the breaking of the mutual aid agreement has indicated that anything north of the Town boundary will be serviced by NCES and not PVFRS.  PVFRS would be sent by request by way of a mutual aid basis, not as a primary 911 response.  There was more explanation on how this impacts the Town of Pahrump.

Chief Scott Lewis explained that the breaking of the agreement took place while he was out of town and did not have the opportunity to address this with Nye County or the Town.   By breaking the MOU are opening an opportunity for themselves to have service within the Town.  PVFRS has long been recognized as the authority having jurisdiction and that has not changed.  By breaking the MOU the process has been broken for mutual aid and the mechanism has been fragmented.  The area of concern is Johnnie, as they are serviced by Pahrump as they pay their taxes to Pahrump.  It is the understanding of the Chief that PVFRS may not be dispatched to calls north of Pahrump.  


Pahrump Town Board Meeting
February 26, 2008

Scott Lewis said he would have liked to have had the opportunity to discuss this with Nye County as the issues have been identified that prohibited them from responding to other incidents.  Chief Lewis stated that a misunderstanding is the key.  

Nicole Shupp asked if the MOU only affects the area north of Johnnie.  Chief Lewis explained that the Town of Pahrump has always been responsible for the Town and the mutual aid agreement defined the parameters between the two entities.  NCES was the logistical support for incidents.  The agreement recognized PVFRS as having jurisdiction.  In the event either agency required the assistance of the other it explained how that would occur and the liabilities involved.  Mrs. Shupp asked if the Town should be afraid that Nye County will be taking over the 911 service in Pahrump.  Chief Lewis replied that there has been comments made that they have the options of running services or self dispatching on certain issues.  Nicole Shupp asked if communication is strained between the two entities.  Mr. Lewis noted that hey have been strained for many years, even prior to his arrival.  Mrs. Shupp responded that the communication problem needs to be fixed and working together would be a benefit and a sit down between entities needs to occur.   Chief Lewis explained that attempts have been made and the meetings identified the issues.  It is not within the Town’s authority to change their situation with regard to credentials, training, etc.   The breaking of the MOU is an example of the breakdown in communications.  The process has been fragmented.

Don Rust stated that it is his opinion that the County forced fire and rescue on Pahrump years ago due to a loss of money, now it is very successful.  They do not want to cooperate with the current fire and rescue.  This is one way to show their non-cooperativeness.  

Mrs. Shupp said we should be looking ahead and not in the past.  Don Rust said he does not see any barriers on the Town side.

Chief Lewis noted that being an incident commander is his responsibility and he cannot bring just anyone on to a fire because the responsibility becomes his and the Town’s.  

There was more discussion on how PVFRS is responsible for certification of his staff and recognition by other agencies.   Dispatching was discussed also, as well as issues concerning the County’s presence in Pahrump.  Credentials were explained and roles and responsibilities.  

Laurayne Murray asked about the Town’s responsibility and liability and how it relates to NRS 269.  If there are incidents, should the Town allow response from an unrecognized agency would the Town be liable or the sheriff’s dispatch be liable.  Carl Joerger replied he does not see how the Town could be liable if the Sheriff’s dispatch does not send the call to PVFRS.  Laurayne Murray commented on the NRS and explained that the Town is the recognized authority and is something the Town provides for.  Multiple agency
Pahrump Town Board Meeting
February 26, 2008

responding to incidents becomes complicated.  Carl Joerger noted that the ambulance service is a bit different than fire protection.  Mrs. Murray pointed out that the Town has an ordinance with regards to other ambulance services.  Carl Joerger stated, due to his research, there may be a serious problem with regards to fire protection.  Mr. Joerger said he will need to look further into the issue in more detail.  With the County wanting to break the agreement with the Town, Carl Joerger said, does not know what their motivation is.  There may be a declaratory relief action by the County or the Town in State Court to declare what the rights are.  

Nicole Shupp asked if it is the ambulance side or the fire side making money.  Mr. Joerger clarified that it is the ambulance side making money.  

Don Rust noted that the Town of Pahrump has previously gone to the County for a subsidy, but the Town has not asked for a subsidy for several years.  

Laurayne Murray asked if there is any type of action necessary from the Board, other than to reach out to the County to understand what they are attempting to accomplish, and If there is an issue about jurisdiction or authority it will then have to be addressed.  Carl Joerger responded that we have not yet seen the Sheriff’s office cut off the 911 calls to PVFRS.  Unless that happens there is no reason to go to court at this time.  

John McDonald noted that the MOU on page 12 states that Nye County and/or Town of Pahrump shall by Resolution give notice of termination of participation in this agreement and shall maintain a certified copy of such with Nye County and the Town of Pahrump and this agreement shall automatically terminate 20 days after such filing of a Resolution.  Mr. McDonald asked if this part of the Resolution has been complied with.  Chief Lewis said they did at the BOCC meeting.  Laurayne Murray asked if a certified copy had been filed with the Town.  Dan Sprouse stated that he has not seen one.  Mrs. Murray explained that it is understood that the BOCC passed a Resolution with an effective date 20 days after the passing.  John McDonald said he saw that everyone at the Town was surprised to see this on the County agenda with no attempt to notify the Town of this action.   Mr. McDonald stated he finds it hard to believe that the County would have the funding to duplicate services which we already have in Pahrump instead of reinforcing their services in the rest of the County.  

Chief Lewis responded that this was not solicited from Town to have the County build forces in Pahrump or to erect new facilities or to add new apparatus.  The Town never requested this.  

Don Rust suggested that Dan Sprouse, Chief Scott Lewis and Mr. Joerger meet with the Sheriff to find out what his position is in this issue.  Then do whatever is necessary to meet with someone from the County to resolve the matter without further action.  Carl Joerger said he felt if he was brought into it, they would bring their attorneys.  Mr. Rust
Pahrump Town Board Meeting
February 26, 2008

then suggested that Mr. Sprouse and Chief Lewis meet with Sheriff DeMeo to get his position and get it in writing.  Chief Lewis suggested also including the Interim Town Manager.  Mr. Rust agreed and suggested bringing anyone they felt necessary.  Don Rust said he would like something from Sheriff DeMeo formally stating his position and what he intends to do given the breaking of the MOU.  Laurayne Murray added that based on Sheriff DeMeo’s answer there may be something for the attorney.  

Chief Lewis stated that most of the concerns he has been fielding are the requests for the Highway north of Johnnie between Highway 95 and Johnnie.   The concerns are from citizens that they will not get the level of response coming to their emergencies.  Scott Lewis said the Town should be able to reassure the citizens that if we are dispatched, the PVFRS will do their best to respond to those incidents.  If not dispatched we will not know and not be in a position to respond.  It is important that the dispatching mechanisms are maintained to the best of our ability.  Don Rust said that would be a reason to meet with the Sheriff.  

Laurayne Murray explained that no motion would be necessary, as the meeting would not constitute any actions through this meeting.  Mrs. Murray stated that she has had meetings with the Sheriff on this issue when the dispatch came out not to send PVFRS which was several months ago.  This was worked through, a memo sent to dispatch, and worked with the Chief and was calling PVFRS on a regular basis.  The Chief, Mrs. Murray, a Commissioner and Brent Jones have worked out the issues.  There was an agreement after the meetings to return on track.  The dissolution of the mutual aid agreement came as a surprise to everybody.  Mr. Rust said he hoped the meeting would result in asking the Sheriff to make a public announcement that this will not affect, as far as he knows, any aspect of emergency calls by PVFRS.  Laurayne Murray requested that the Sheriff specifically state his Dispatch will be dispatching PVFRS as the recognized, certified authority.  

Chairman Murray said, with regards to an ordinance, clarity may be required from Mr. Joerger as to whether that is something we can appropriately do.  Mr. Joerger asked that any action be decided after the meeting and if need be he will draft an ordinance.  

Laurayne Murray explained that without a motion, there seems to be interest in public comment on this issue.

Bob Irving commented that he agreed with Chief Lewis on many things he stated, but regarding the mutual aid, most departments come in automatically when needed.  Mr. Irving said he knows that more firefighters are needed, but feels more volunteers are needed as well.  



Pahrump Town Board Meeting
February 26, 2008

Chief Lewis explained that when talking about PVFRS services the rescue and hazmat are synonymous with the fire side.  They are not separate and district.  There are two sides to the department, fire and EMS.  Fire includes technical rescue and hazmat.  

Dave Stevens commented that he cannot imagine anyone going against the fire department.  Mr. Stevens suggested calling everyone involved into a meeting.  

Vickie Parker commented that there seems to be a disjoint between the Town of Pahrump and Nye County.  This is an example of why we need to incorporate to get from beneath the thumb of Nye County.  The Town needs to be able to control its own destiny and not react to the County.

Don Rust responded that even if the Town incorporates there is still the basic problem outside the Town boundary.  

Laurayne Murray summarized that the Board will wait for word on the arrangement of the meeting or a report if unable to accomplish a meeting.  

Discussion and decision regarding Independence Day Celebration 1) Zambelli proposal requested by Town Board, accept, reject or modify; and 2) Freedom Festival event, solicit bids or offers.      Laurayne Murray

Chairman Murray explained that several months ago the Board asked that Zambelli come back with information regarding what would be possible for the budgeted $25,000, if the celebration were to be held on July 4 on a proposal dated January 28, 2008.  Mrs. Murray noted that in the proposal indicates the show they would produce for $25,000 is a twelve minute show on July 4th. Our past shows have been approximately 28 minutes.  Laurayne Murray read the proposal and its conditions. Laurayne Murray explained to the Board that Pahrump historically established as having the largest display in Nevada which brings in many people to Pahrump for the town show.  Mrs. Murray said she felt a twelve minute show would not hold to the Town’s tradition and it is an expense significantly higher than the amount budgeted.  The Town’s consideration would be to have the show on July 5th and have the entire show as in previous years.  

Dan Sprouse pointed out that there was another condition regarding the location of the display and he felt confident that the firing site traditionally used, if used by another company would not have the familiarization with PVFRS and would refuse to fire at the current site.  

John McDonald asked what day of the week is July 5th.  Mrs. Murray replied it is a Saturday.  


Pahrump Town Board Meeting
February 26, 2008

Carl Joerger noted that the contract has a jurisdiction clause and that litigation would take place in Pennsylvania.  Laurayne Murray noted that we would benefit by using our own pyrotechnic person who contracts with Zambelli.  Mr. McDonald asked if John O’Brien would be available on July 5th if the display was moved.  Mrs. Murray said Mr. O’Brien has made himself available to do it on July 5th.  

John McDonald motioned to reject the contract offer from Zambelli and that we move the fireworks celebration to Saturday, July 5th and solicit a proposal from John O’Brien.  Dan Sprouse seconded the motion.

Vote passed 4 – l.  Don Rust voted nay.

Laurayne Murray explained that the second part of the agenda item is the Freedom Festival event.  It was noted that the Freedom Festival weekend has been previously put on by the Firefighters Association and then by the IAFF and will no longer be sponsoring the event.  It was rumored that the Fall Festival may be interested in putting on the event but it appears they are not going to do so.  Petrack Park is still reserved for the Town of Pahrump.  Mrs. Murray suggested that the Town may want to advertise for an organization that would like to take on the event in order to have something in the park for the weekend as a fundraiser.  

Bob Irving, Chairman of the Fall Festival Committee, stated that the Fall Festival Board voted against working with the Freedom Festival.  Mr. Irving stated that he has a couple members of his Board that would be interested in working with the Town with regards to vendors.  Bob Irving asked that he be allowed to check with them and get back to the Town Board at their next meeting.  

Mrs. Murray asked if something should go out to let the community know that there may be a possible opening for a fundraising event.  Mr. Irving was given until the next meeting to respond to his request.
Discussion and decision regarding appointment of Michael Sullivan to serve concurrently as Finance Director and Interim Town Manager for a limited period of time and to provide incremental compensation.           Michael Sullivan

Michael Sullivan explained that at the time the Board appointed him as Interim Town Manager, neither side was prepared.  Mr. Sullivan said he felt the conversation was incomplete and he felt there should be some agreement to the term and compensation for the position.  He said he has communicated his thoughts with the Board members and is hoping to come to a mutual arrangement.

Don Rust asked what amount he was putting in for a weekly supplement.  Mr. Sullivan said he asked for $1,500.  Mr. Rust asked if this amount was not budgeted and is this amount that would be being paid to the previous Town Manager.  Michael Sullivan
Pahrump Town Board Meeting
February 26, 2008

explained that it is budgeted as part of the compensation budgeted for the Town Manager position.  Severance packages are provided under acceptable accounting principles to be a compensated balance reserved as part of the assets and liabilities.  The period would be compensated from the current budget.  

Don Rust noted that the contract shows the employer as the Chairman of the Town Board.  Mr. Rust explained that the Chairman is the Chairman of the Town Board, not the Town Manager.  The Town Board is the employer of the Town Manager.  The Chairman is a representative of the Town Board.  

Carl Joerger explained that the employer is the Town of Pahrump, If a letter needed to be sent, it would have to go to someone and the Chairman is listed.  Mr. Rust said it is a matter of semantics.  

Laurayne Murray explained that the action of the Town Board on February 5th was to accept the resignation of the Town Manager and the effective date of that was February 29th.  The motion that was made did not identify and Interim Town Manager but rather that the department heads will report, for the fire department and building and grounds, to the Town Board with the same approval and authority of the Town Manager; and Mr. Sullivan was approved as authority over the administrative staff with signature approval up to $5,000.  Mrs. Murray said her question with Mr. Sullivan was regarding the effective date with her preference being effective with the passage of the Employment Agreement which is February 26.  Mrs. Murray noted that her second issue was that the original term of the agreement would be from February 26 for a period of thirteen weeks and the extension agreement would be on a month to month basis rather than and additional thirteen weeks.  The third item of concern was that based on the rational established when agreeing on the compensation plan, various titles were and when an incremental increase in position occurred a differential from one level to the next level would occur.  The differential is based on authority.  Laurayne Murray noted that they are looking at an increase of $1500 per week or $78,000 per year is doubling the base salary.  Chairman Murray proposed to have a reasonable differential.  Mrs. Murray stated her concern is that Mr. Sullivan has taken over added responsibilities for some time and has been doing more beyond his normal job in the realm of the Town Manager.  She believes he should be compensated for that, but in the structure of the organization, she would like the delegation of the department heads to move on some items without being required to go through an extra level of approval.  Laurayne Murray stated that Mr. Sullivan has taken on a lot and will be taking on much more and deserves compensation for that.  She would like to insure delegation is there also.  

Don Rust clarified that the Board is making Mr. Sullivan in charge and responsible for thirteen weeks with anything exceeding 13 weeks as a week to week situation.  It is a compensation for a job for which he was not hired.  Mr. Rust felt the $1500 per week was not excessive.  
Pahrump Town Board Meeting
February 26, 2008

John McDonald said the 13 week period would equal $19,500.  Mrs. Murray agreed, but over one year period would equal $78,000 and is equal to another position.  Don Rust noted that the contract is for 13 weeks.  Michael Sullivan stated that the second 13 weeks is optional.  Don Rust stated that any additional period is optional.  Mr. Rust agreed that the contract should be corrected with anything after 13 weeks would be on a week to week basis.  

Carl Joerger stated that the parties would have to mutually agree to extend another 13 weeks.  Laurayne Murray asked if there were to be another offer something different and Mr. Sullivan does not agree would it default to what the original signature says.  As to opposed to having a battle and to discuss it up front, her proposal would be following the expiration of the 13 weeks, if additional time is needed, Mr. Rust is saying week to week and she is saying month to month.  Carl Joerger said it can be done legally and would be between the Board and Mr. Sullivan.  

Chairman Murray noted her issues were the effective date to be and the initial period of thirteen weeks and the extension period be on a month to month basis.  Laurayne Murray stated her feeling on the compensation would be half the amount requested.  

Dan Sprouse commented that the department heads, on a day to day basis are funneling things through Mr. Sullivan anyway.  He feels this is not a reporting issue but a keeping information flowing issue.  He has the confidence in the department heads with regard to keeping the Interim Town Manager informed.  

John McDonald motioned to accept the contract presented between the Town and Michael Sullivan with the following changes: that the contract be for an initial period of thirteen weeks and then renewed/continued after the thirteen weeks on a week to week basis; the second is that the contract become effective on the date it is signed (February 26th, 2008) and that the change be made as well as the termination date on the first thirteen week period and should be advanced after February 26th, 2008 and that Mr. Sullivan’s salary be supplemented by $1500 per week for the first thirteen weeks and that amount payable for each weekly extension thereafter the conclusion of the initial thirteen weeks.  Don Rust seconded the motion.

Dan Sprouse asked if the Board was modifying any of the department heads from the previous motion.  Don Rust replied there was no need to, that the Interim Town Manager will not be in charge the department heads will still have to report as before.  Dan Sprouse noted that they had given the department heads the approval authority of $5,000.  Don Rust stated the Interim Town Manager will now have the same authority that the full time Town Manager had.  If the department heads had no authority before for expenditures, they won’t have any now.  

Pahrump Town Board Meeting
February 26, 2008

John McDonald noted that there was no agenda item to deal with changes in the duties of department heads.  Don Rust said it would not be necessary as the Board will be naming Michael Sullivan to be the Interim Town Manager.  

Michael Sullivan stated he was agreeable to the month to month or week to week at the end.  Mr. Sullivan explained there was a purpose for that as there will be a transition from the new Town Manager into the duties will be different.  He feels the transition will be week to week and feels a mistake is being made.  Don Rust explained that week to week does not mean his services end when a new Town Manager is hired.  Mr. Sullivan and the Board agreed that this can be discussed when the time comes.  Michael Sullivan said he is not in agreement of the starting date.  He has been involved with making the transition and changed with the occurrence of Mr. Richards’ accident.  It changed the whole complexity and preferred that the agreement read as it does currently, beginning February 4th through the thirteen weeks.  

Dan Sprouse said his opinion is that Michael Sullivan has earned every penny of the $1500 this afternoon, and agreed with the back dating to February 4th.  

John McDonald amended his motion as to the commencement date of the agreement and the ending date will remain as presented in the contract.  Don Rust amended his second.

Laurayne Murray noted that the ending date of the contract is dated the 4th.  Can it be made that both dates be the 5th?  Mr. Sullivan suggested that they both be made the 4th, as this is probably a payroll cycle.  Mrs. Murray said to make them both in agreement with the payroll cycle.  

Vote passed 5 – 0.

Future meetings/workshops; date, time and location.

None

Consent Agenda Items

a.    Action - approval of Town vouchers.
b.    Action - approval of Special Town Board meeting minutes of February 5, 2008.
c.    Action – approval of Town Board meeting minutes of February 12, 2008.
d.    Action - approval of 72 hour Liquor Permit for May 3, 2008 for Artesia Owners Association for Cinco de Mayo and Oktoberfest on October 2nd, 2008 at the Artesia Community Center.

Pahrump Town Board Meeting
February 26, 2008

Nicole Shupp motioned to approve the consent agenda items.  John McDonald seconded the motion.

Vote passed 5 – 0.    

Adjournment

Laurayne Murray adjourned the meeting at 10:13 p.m.



Respectfully submitted,



Don Rust
Clerk of the Town Board


 

 


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PDF Backup Agenda February 26, 2008 3MB
PDF Agenda Item Request 4MB