Agendas & Minutes


February 8, 2005

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
FEBRUARY 8, 2005

 


Agenda

1.    Call to order

A.    Pledge of allegiance
B.    Welcome

2.    Discussion 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 (NRS 241.020(2)(C)(3)).

5.    “Good New” regarding people, events, awards, celebrations or occasions that reflects positively for those within the community.

6.    Presentation of waste water treatment district planning report.  Tri-Core/Town Manager

7.    Discussion, action and decision regarding Pahrump-A-Pum-Pum Christmas Festival.  Corky Johnson/Town Manager

8.    Discussion, action and decision regarding approval to fund up to $1,500 for the 5th Annual Pahrump Town Clean Up scheduled for May 7, 2005for advertisement and miscellaneous items needed for the event.  Jeanna Howard/Patricia Cox

9.    Discussion, action and decision regarding the establishment of a paper recycling program for the Town office as an initial test of utilization.  Jeanna Howard/John Shea

10.    Discussion, action and decision regarding electrical needs for the fall festival and related matters.  Coni Rockwood/Town Manager

11.    Third reading of Pahrump Town Ordinance #46 – Prohibiting the incorporation of any area of the Town of Pahrump that does not include the entire area of the Town and Discussion, action and decision of same PTO #46.  

12.    Discussion, action and decision regarding Resolution #2005-05   Requiring a vote of all residents of the Town of Pahrump to consider incorporation.  Richard Billman

13.    Town Manager’s Report

14.    Advisory Board Reports

15.    Discussion, action and decision regarding $500 grant to fund food and entertainment for 3rd Annual Earth Day, April 23, 2005.  Jeanna Howard/John Pawlak

16.    Discussion, action and decision regarding community center policy effective date.  Jeanna Howard/Town Manager

17.    Consent Agenda Items:

A.    Action – approval of Town vouchers
B.    Action – approval of Town Board meeting minutes of January 11, 2005
C.    Action – approval of County 72-Hour liquor License – Starlight Children’s Foundation – April 23, 2005 at Spring Mountain Motorsports Ranch

18.    Discussion, action and decision regarding closure of meeting, pursuant to NRS 241.030(2) and 288.220(1-4) for purposes of conferring with the Town’s management representatives regarding labor negotiations, issues and other personnel matters.

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

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

21.    Adjournment


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

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
Jeanna Howard
Paul Willis
Laurayne Murray

CALL TO ORDER

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

DISCUSSION REGARDING AGENDA ITEMS

There were no changes to the agenda items at this time.  

ANNOUNCEMENTS

In the absence of Ed Bishop, Laurayne Murray announced the following:

The Board of equalization will meet on February 9 and 10 from 9:00 a.m. until 5:00 p.m. in Room B;
Pahrump Regional Planning Commission will meet February 9 at 6:00 p.m. in the Hall;
Sheriff Tony DeMeo will hold his open forum on February 13, from 1:00 p.m. until 3:00 p.m. in the Hall;
Nye County Board of Commissioners are scheduled to hold their second meeting of the month in Pahrump on February 15, beginning at 8:30 a.m. in the Hall;
The County Commissioners have scheduled a workshop for February 16, also to begin at 8:30 a.m. in the Hall;
Fairgrounds Advisory Board is scheduled to meet on February 16 at 7:00 p.m. in Room A;
Nye County Safety Committee will meet on February 17, beginning at 9:00 a.m. in Room B;
The Pahrump Town Clean-Up is scheduled for Saturday, May 7.  Volunteers are needed to help on the committees to organize the event.  The first meeting is scheduled for February 10, 250 North Highway 160 at 5:30 p.m.  For more information contact Patricia Cox at 209-4390.


Pahrump Town Board Meeting
February 8, 2005

Richard Billman announced that Ed Bishop is home from the hospital and wish him a speedy recovery.  

Jim Petell asked if the meeting on February 16 was the strategic work plan.  Commissioner Cox replied it is not and from the audience gave the dates of other Commissioner workshops.  

Mr. Petell announced the February 16 Town meeting concerning the growth of Pahrump for Town staff at 1:30 and the Town Board at 6:30 p.m. at the Town Office.

Jim Petell announced that on February 14 at the VFW on Homestead the Nye County Well Owners will meet at 6:30 p.m.

Mr. Petell announced that there are 10 Bill Draft Requests (BDRs) that Assemblyman Rod Sherer has requested.  Jim Petell stated that he received the list from Mr. Sherer and the note stated that several are not filed as of yet.  Mr. Petell added that Sunrise City is not one of them, although they have until February 17 to submit.  

Sally Devlin thanked all those that attended the Ms. Senior Pahrump Fashion Show fundraiser.

Ms. Devlin announced that the Pahrump Arts Council will meet at 1:00 p.m. at the Library on February 12.  Another announcement for the Arts Council by Ms. Devlin was that the Fiber Arts Show is scheduled for February 18 – 20 at the Community Center.

Sally Devlin announced that February 16 the Toastmasters meet and added that she won the “Tall Tales” contest.  

Charlie Anzalone commented that when he attends Commissioner Meetings that no Town Board members are present except Laurayne Murray.  Mr. Anzalone said he felt there should be more participation from the Town Board members.  

Mr. Anzalone announced that on February 13 at 2:00 p.m. the Nevada State County Music Association is having a get together at the Moose Lodge.  

Chuck Patti commented on the comment made by Mr. Anzalone concerning the Town Board attending County Commissioner meetings.  Mr. Patti stated that if more than two attend that they will be in violation of the Open Meeting Laws.  

PUBLIC COMMENT

Andy Alberti commented on his concerns regarding the Economic Development Advisory Board and noted that the advisory board has not met since September of 2004.  Mr. Alberti said that at that time they were advised that consultant was hired for $15,000 to advise the Town on matters of how to attract businesses to Pahrump.  Andy Alberti said there has not been a meeting since
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February 8, 2005

then and he has no idea if the advisory board still exists or if the Town Board has decided to recruit businesses.  Mr. Alberti stated that he read some information in the newspaper about the Town doing a mailing.  Andy Alberti asked that he be given the courtesy from the Board to receive a notice that there is no Economic Development Advisory Board.  

Mr. Alberti commented that he has heard that the rabbit show was of the understanding that he could have his show.  Whatever took place with the Town Board sounds like a travesty has been done to him. Andy Alberti stated that we need to be able to rely on the Town Board in that when they say they are going to do something, the people need to understand that it will be done.  Mr. Alberti said he hopes his situation improves in his relationship with the Town Board.

Dave Richards responded to Mr. Alberti comments about the Economic Development Advisory Board.  Mr. Richards stated it was correct that the last time they met was in September.  Dave Richards stated that two attempts were made to schedule a meeting.  Mr. Richards noted that one meeting was attended only by him.  Dave Richards said that he brought the proposal to the Town Board that he hoped the Economic Development Board would consider and make a recommendation for.  Mr. Richards stated that he did contact the Chairman of the advisory board prior to bringing the proposals from MAP to the Town Board.  Dave Richards said the Chairman said that Mr. Richards should go ahead and that the Town Board should consider the recommendations.  Dave Richards said he did not make it a practice to contact each advisory board member but made every attempt to contact and work through the Chairman of that Board.  

Richard Billman commented that the Economic Development Board is still in existence.  

George Gingell commented that in regards to advisory boards, why are people appointed when they are on the Sunrise City thing that is trying to gut the town with regard to the people working for the Town.  Mr. Gingell said that being on the Public Lands Advisory Board that they are trying to work for the Town of Pahrump, not the Town of Sunrise.  

Jim Petell commented on an article that appeared in the Pahrump Valley Times on February 4 in the opinion section.  Mr. Petell stated that it depicts the Town Board as idiots and referred to other comments made in the article.

Mr. Petell commented that the war has begun on the development of the Pahrump Valley and the war is against the Indians, the area near the Hafen Elementary School.  It was depicted on a news channel that the forms have never been signed in 1957, and showed a letter written by Mr. Tim Hafen describing that the land should not belong to the owners any longer and should be on the disposable list of the Pahrump Valley.  

J. D. Sinyard asked what transpired about the rabbit show.  Mr. Sinyard said he went to the rabbit show and found that the people are very nice.  J. D. Sinyard noted that they spend quite a bit of money, but many did not show up.  Mr. Sinyard said it is shameful for what the Town did to

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February 8, 2005

those people.  J. D. Sinyard said the Board should reimburse them for their money for advertisement and they deserve an apology.  

Fred Jones commented that he appeared previously regarding the way the Board handled a particular situation regarding an ordinance that was ill advised and directed at a particular group; the ordinance being regarding the community center.  Fred Jones noted that at the end of the meeting it was determined that the issue would be resolved and the group was going to be able to use the building.  Mr. Jones stated that one Board member made a motion to forget about the previous policy and allow them to use this hall for shows.  Fred Jones said the Board has given a revisit on the community center and they would again have it on the agenda on January 25.  At that time, Mr. Jones stated that Ms. Howard indicated to disregard the policy and let them in.  The following meeting, Mr. Jones said there was a vote without discussion from the populous as the figured it was a done deal.  At the time of the vote, 2 members of the Board voted no to changing the policy and in effect exposing the Board and the Town to litigation that is unnecessary.  Fred Jones said he would like to find out from Ms. Howard why this action was taken.  Mr. Billman reminded Mr. Jones that this was public comment and comments from the Board are not required.  Fred Jones stated that from a moral issue and an ethical issue he feels that Ms. Howard should step down from the Town Board.  

Sally Devlin commented on her wish list to the Town the first two items were that the Legislature realign all of the Counties and Pahrump will become Mercury County and be the County Seat.  They will put all the deficit counties together.  The second item was that Pahrump get boundary maps.  Ms. Devlin provided information to be copied for the Board.  Sally Devlin pointed out that Pahrump is 93% of Valley Electric, 86% of Nye County and Pahrump is supporting Tonopah.  Ms. Devlin reported the number to reach Rod Sherer at the Legislature is 800-992-0973 and support this effort.  

Larry Baker commented that he reviewed and compared the charter for the Sunrise City and the Henderson, Nevada charter finds that it is almost identical.

“GOOD NEWS”

There was no good news to report at this time.

PRESENTATION OF WASTE WATER TREATMENT DISTRICT PLANNING REPORT

Dave Richards introduced Mr. Randall of Tri-Core to make his presentation.

Rich Randall explained that there is ongoing work being done for Nye County as it concerns waste water planning.  Mr. Randall noted that the County is in the process of developing a Capital Improvement Programs for all of the public works issues that provide concerns for infrastructure and the generating of impact fees for future growth.  Mr. Randall said they are
Pahrump Town Board Meeting
February 8, 2005

looking at waste water issues and considering creating a public entity to be in charge of waste water in the Pahrump Valley.  

Mr. Randal provided a brief overview of those plans and provided charts/maps.  Rich Randall noted that his charge is to consider technical and economic feasibility of constructing regional waste water facilities; and to also look into the feasibility and the steps for creating a sewer district and finding an entity that would be responsible for those facilities.  

The charts provided a display of water wells, location of the current private utility areas, proposed trunk lines for a single regional facility, and formulation of a potential service area.

Mr. Randall talked about discharge of the affluent waste water and the beneficial use and that aerial photography will be available soon.  Rich Randall stated that they will be looking at trunk lines coming from the current water facilities that would hook up to a single facility which would then be included in the CIP for future impact fees to fund the project.    

Rich Randall stated that they held three public meeting at three different locations asking for public input regarding issues and concerns might be for creating a sanitary district.  The results will be presented to the Nye County Board.  This meeting is also part of fulfilling their obligations of presenting to the public bodies the concepts.  Mr. Randall said he would like to return on a future date to present in more detail what is involved with a district concept.  It would involve setting up a new entity that initially is initiated by the County and a Board appointed by the County.  It would then become its own entity and functions as its own district and then becomes responsible for its own waste water and acquisition of existing facilities and construct new facilities for waste water.  

Paul Willis stated that Tri-Core has looked into conventional and traditional methods and asked if any unconventional methods have been looked into, such as individual waste treatments.  Mr. Randall replied that the impact on lots that can have either their own systems; if they are existing lots and they meet the criteria with regard to size, they fall outside the purview of the district.  The lots may be impacted if there is a known ground water contamination problem and the State could require them to come off septic, then the district may become involved.  Mr. Randall noted that the target area is where homes are being built at densities of such that they require sewer collection and treatment.  Mr. Willis asked what that the cost of building a big system or to replace individual systems would cost.  Rich Randall replied that it would not be an option for the smaller sized lots.

Laurayne Murray confirmed that Mr. Randall stated they would be doing the technical and economic feasibility for constructing the facilities and did share the technical issues.  Ms. Murray asked if this will be a consideration when getting to the economic feasibility phase.  Laurayne Murray stated that the Town would be interested in knowing not just what the cost would be to build system but what would the end user cost be.  Ms. Murray asked would the comparison of

Pahrump Town Board Meeting
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end user cost on a central system versus an end user cost on installing individual alternate type systems using the affluent water be included in the study.  

Jeanna Howard asked what the policy that would be mandated to the citizens of the community to hook into the system.  Ms. Howard asked how will it be enforced and have people comply to hood up.  Rich Randall responded that Tri-Core are the technicians and do not set the policies.  From past experience in other communities as in one instance if you have a septic and it is working, then it is a non issue.  If it fails and must be replaced and you are located within so many feet of a sewer line hook up, you could be required to hook up.  Mr. Randall said that their concern is the main lines.  The lines that run to the individual homes would be built during the construction of a subdivision or it would be constructed by an area that has decided to create a Local Improvement District (LID) and assess each so much per lot.  

Richard Billman asked if Tri-Core will be involved in the development of an ordinance for the County.  Mr. Randall replied that he is only involved with the technical aspect and the creation of a district.  Rich Randall said it is not likely to have an impact on existing septic tank owners.

Sally Devlin asked how many Town Board members attended the other public meetings.  Ms. Howard replied that she attended the first one and also saw their presentation on Channel 41.  Sally Devlin also commented that there were 8 people that attended the hearing at the Middle School presentation ant that she believes the number of lots is being undercounted and estimates there are 80,000.  

Ms. Devlin commented that the owner septic idea should be looked into as people should be allowed to do what they want with their own land, especially anything over ½ acre.  

Sally Devlin also commented that the impact fees imposed on Bullhead City was $7,200 per parcel.  Ms. Devlin stated that this would terrorize the people in this community.  Ms. Devlin pointed out that the way they did the sewerage in Henderson, as recommended by Tim Hafen, was a total failure.  There are 26 different types of soils in Pahrump and Pahrump soil makes 27.  Ms. Devlin acknowledged that Tri-Core did an excellent presentation.  Sally Devlin added that Pahrump should not have to worry about a Municipal District for at least ten to 25 years.  

Ed Maznicky asked what will be done with the waste water after it has been treated.  Rich Randall replied that one of the reasons for considering regional treatment and collection treatment is beneficial use.  Mr. Randall stated he has worked in a number of communities in this arena and reported that the first reuse of affluent is irrigation for areas such as parks, golf courses, green belt areas, etc.  Rich Randall pointed out that even in other communities; the utilization of waste water is only about 30%.  In this community, the same would apply by using at the fairgrounds, parks and golf courses, but there would not be enough demand to use all that is generate.  Mr. Randall pointed out that the County’s water resources report indicate that water is going to be a prime commodity for this valley.  Beneficial use in terms of augmentation of the water supply would be something that should be considered.  Rich Randall noted that this valley
Pahrump Town Board Meeting
February 8, 2005

is dependent on ground water from the mountains and in order to put the water where it can be used it makes sense to collect the sewerage and treat it for beneficial use that would protect the ground water and convey it to the areas to be used for ground water recharge.  The approach is to take the water and put it back into the ground and become part of the water supply.  Mr. Maznicky expressed his concern with regard to the Las Vegas Water District dumping excess into the lake.  Ed Maznicky asked what the intention is regarding excess in Pahrump.  Mr. Randall replied it would be to augment ground water.

Richard Billman noted that this is a huge project and it is one that the Town looks forward to seeing Mr. Randall back with more answers.  

DISCUSSION, ACTION AND DECISION REGARDING PAHRUMP-A-PUM-PUM CHRISTMAS FESTIVAL

Corky Johnson, member of the Pahrump Tourism Advisory Board, explained that she formulated a plan for a unique thing for the Town of Pahrump.  Ms. Johnson noted that there is only on Pahrump and suggested a Pahrump-A-Pum-Pum Christmas Festival.  Ms. Johns reviewed her back up information which outlined the plan for an annual activity with the entire community invited to join in, under the sponsorship of the Town, local businesses, Chamber of Commerce, service organizations, schools, churches, and spirited citizens.  Corky Johnson the intention is to accomplish bringing the people of Pahrump together and establishing sense of community pride in providing an environment for local residents and begin the Christmas season bringing tourist dollars to the community.  Ms. Johnson proposed the festival would be held the weekend after the Thanksgiving weekend (December 2-4, 2005) and it would be held hopefully in the Community Center.  Corky Johnson stated that there are issues currently trying to be resolved or a thought of the County’s “duck pond” area (Calvada Eye) may be an alternate possibility.  Some of the events over the weekend might include a parade of lights commencing at the Community Center for hot drinks and desserts, entertainment, festival of trees or wreaths which could be auctioned off following the event on Sunday, craft area, readers nook, bake sale, pictures with Santa, a play, local performers, decorate the trees for judging and announcement winners.  Other events could be hayrides, logo and lyric contest, shirts with logo sold as souvenirs, a Christmas in July luncheon for planning.  Ms. Johnson noted that the primary cost for the event would be developing a mailing list and an advertising budget.  Other expenses would be the luncheon, volunteer shirts, supplies for treat bags (possible donations), stipend for Santa, prizes for parade contestants and tree/wreath winners.  Ms. Johnson suggested that between $5,000 and $7,000 would be able to start the project.  

Richard Billman clarified that it would be the weekend following Thanksgiving.  Corky Johnson said the weekend after that is preferred.  

Paul Willis complimented Ms. Johnson for thinking outside the box and is a worthwhile endeavor.

Pahrump Town Board Meeting
February 8, 2005

Paul Willis Motioned to approve the Pahrump-A-Pum-Pum Christmas Festival budget as stated in the back up.  Laurayne Murray seconded the motion.  

Dave Richards noted that a funding source had not been considered for this expenditure.  Mr. Richards said he had anticipated this item coming back to the Board if approved and then designate what fund to appropriate this from.  Ms. Murray noted that it is tentatively in the budget for the Tourism Advisory Board.  Richard Billman clarified that it would be coming from the Room Tax – Tourism funds.  Ms. Johnson agreed.

Paul Willis asked if the Tourism Advisory Board had approved this.  Corky Johnson responded that this was brought before the Tourism Advisory Board a while ago and the paperwork had gone to the Town Board last year.  Ms. Johnson explained that other things took precedence so this was tabled until this time.  

Ms. Johnson noted that a date must be settled for the event and the weekend requested is already scheduled for a blood drive.  Corky Johnson said she has tried to contact those people and have not received a response yet to see if they can change location or date.  Ms. Johnson did advise that the Thanksgiving weekend was free for the Community Center.  Corky Johnson said she would do more research on the “duck pond” area to see if it is serviceable.  Ms. Johnson pointed out that they will need funding before they can do anything.

Vote passed 4 – 0.

Cristina Hinds recommended that a separate motion be made if the Board chooses to require a statement of expenses at the next available Town Board meeting after the festival.  

Paul Willis Motioned the recommendation proposed by Ms. Hinds.  Laurayne Murray seconded the motion.

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION REGARDING APPROVAL TO FUND UP TO $1,500 FOR THE 5TH ANNUAL PAHRUMP TOWN CLEAN-UP SCHEDULED FOR MAY 7, 2005 FOR ADVERTISEMENT AND MISCELLANEOUS ITEMS NEEDED FOR THE EVENT

Patricia Cox presented that it is now time again to plan for the annual town clean up and asked the Board if there were no objections to her taking the lead and run the event.  Ms. Cox noted that it would be the fifth annual clean up event.  Last year, Ms. Cox reported that the clean up consisted of 88 miles and 282 volunteers.  Nevada Department of Transportation has committed to supplying trash bags, vests are available from last year and there are banners and T-shirts left over to be used.  The expenses that anticipated for this project will be advertisement.  There has been cooperation with Pahrump Valley Disposal for collection.  There has been conversation
Pahrump Town Board Meeting
February 8, 2005

regarding having this in conjunction with Haz-Mat for the collection of items such as old batteries, paint, etc.  These items will be placed in separate containers.

Jeanna Howard Motioned to approve $1,500 for the funding of the Pahrump Annual Clean Up.  Paul Willis seconded the motion.

Ms. Howard asked Dave Richards where he felt this funding would come from.  Mr. Richards noted that last year funding was $3,000 from Economic Development Room Tax Fund.  Richard Billman asked if that was appropriate.  Dave Richards said he believed so.  

Patricia Cox added that a committee meeting has been scheduled for Thursday, February 10.  After the committee meets, Ms. Cox said she would bring a budget back to the Town Board to explain where the expenses will be going.  

Paul Willis expressed his concern regarding a letter received from a visitor citing how appalled they were at the debris on the road from Las Vegas to Pahrump.  

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION REGARDING THE ESTABLISHMENT OF A PAPER RECYCLING PROGRAM FOR THE TOWN OFFICE AS AN INITIAL TEST OF UTILIZATION

John Shea explained that this item was brought to the Town Board previously and discussion took place regarding beginning implementation of a paper recycling program for the Community Center and the Town Office.  Mr. Shea said he did some calculating and proposed that Pahrump Valley Disposal put out a couple of containers, monitor and collect the contents.  Mr. Shea projected that one container be placed at the Community Center and one at the Town Office to see how the program goes.  Mr. Shea noted that this is an introduction to a more full fledged program which is still being worked on for implementation.  This would continue on as the program developed beyond this initial stage.  

Jeanna Howard thanked Mr. Shea for his patience in getting this program off the ground.  Ms. Howard noted how much paper just the Community Center meetings would generate into this effort.  Jeanna Howard explained that John Shea would be collecting on a regular basis and then sending a check to the Town.  Ms. Howard noted that current projections indicate the current rate per ton is $35; a projection of $175 per month.   Although this does not seem like much at this time, Ms. Howard stated she hoped the rest of the community would participate as well.  

Jeanna Howard Motioned to adopt the initial recycling program with Mr. John Shea/Pahrump Valley Disposal to be implemented as soon as possible.  Laurayne Murray seconded the motion.  


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February 8, 2005

Paul Willis said he has ideas of expanding this with the cooperation of the post office and schools.  Mr. Shea responded that it would be the direction he would like to see.  The expansion of materials will also expand as time progresses.  This is just the beginning.  The easy part is collecting, the hard part is getting it prepared and shipped off.  

Mike McInerney said he encouraged the Board to approve this concept as he is surprised how much of the landfill has been used up.  Dave Richards commented that the program would extend the life of the landfill by 3 or 4 years and believes this to be an excellent program.

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION REGARDING ELECTRICAL NEEDS FOR THE FALL FETIVAL AND RELATED MATTERS

Coni Rockwood, Fall Festival Board, explained that she is requesting electrical needs again for Petrack Park.  Last year the Board approved 54 outlets which allowed for not overloading the existing electrical service and supply the needs needed for the vendors.  Ms. Rockwood stated that she is asked that this be done again.  Coni Rockwood explained that last year the Town rented the outlets because of time constraints.  Ms. Rockwood said this year she is asking that the Town purchase these outlets so they can be used each year for Fall Festival and other events.  Ms. Rockwood noted that all the information has been supplied in the back up material on quotes and prices.  Coni Rockwood recommended that the Town purchase 54 plates, outlets and the supplies to cover them for safety in the amount of $7,329.22.  

Jeanna Howard Motioned to approve $7,329.22 for electrical needs for Fall Festival for electrical plugs.

Coni Rockwood explained that the generator and the research on a pedestal are still in process.  That information is not complete at this time.  

Richard Billman seconded the motion.

Jeanna Howard asked Dave Richards if the funds would be coming from Buildings and Grounds or Fall Festival funds.  Mr. Richards noted that it is his recommendation that the money come from Fall Festival.  

Ms. Howard added that to her motion.  Richard Billman seconded the motion.

Vote passed 4 – 0.  




Pahrump Town Board Meeting
February 8, 2005

THIRD READING OF PAHRUMP TOWN ORDINANCE #46 – PROHIBITING THE INCORPORATION OF ANY AREA OF THE TOWN OF PAHRUMP THAT DOES NOT INCLUDE THE ENTIRE AREA OF THE TOWN AND DISCUSSION, ACTION AND DECISION OF SAME PTO #46.

Laurayne Murray read the following:

SUMMARY: PAHRUMP, NEVADA INCORPORATION ORDINANCE, INCLUDING ALL MATTERS PROPERLY RELATING THERETO.

TITLE:    AN ORDINANCE PROVIDING THAT IF PETITION FOR INCORPORATION OF ANY AREA WITHIN THE UNINCORPORATED TOWN OF PAHRUMP IS FILED, SAID PETITION SHALL INCLUDE THE ENTIRE AREA OF THE TOWN; PENALTIES; REPEAL OF CONFLICTING ANY  PRIOR ORDINANCES; SEVERABILITY; EFFECTIVE DATE; AND OTHER MATTERS PROPERLY RELATING THERETO.

Paul Willis Motioned that PTO #46 be amended as follows:  Title: An Ordinance providing that if any petition for incorporation of any area within the unincorporated Town of Pahrump said petition shall include the entire area of the Town and must be placed on the ballot in a manner as to afford the opportunity of every eligible voter in the unincorporated Town of Pahrump a vote upon the in the general election immediately following the ratification or certification of the said petition by the proper authority; penalties; repeal of conflicting any prior ordinances; severability; effective date; and other matters properly relating thereto.

Also to be added to the Ordinance:  Whereas, the Town Board of the unincorporated Town of Pahrump has found that any move to incorporate within the Town without affording the opportunity of the entire population of the Town of Pahrump to vote upon with substantially disenfranchise the majority of the citizens in the affected areas.  

Richard Billman seconded the motion for discussion.

Jeanna Howard asked Cristina Hinds what was the reason for section 46.180 (Repeal of this ordinance) which states the Town Board waives the right to repeal this Ordinance.  

Paul Willis responded that the section referred to cites to Nevada Revised Statues (NRS).  NRS 295.085 is an instrument giving the towns and counties how they are set up by petition and going to the County Commissioners and getting it placed on a ballot.  NRS 295.125, the applicable part, is that it does not take the right to waive as a Town and puts it back into the hands of the people so they may repeal the ordinance they would have to file a petition and take it through the same process and giving the people a chance to vote on it.  



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Richard Billman asked if this Ordinance is amended must it go back and start with a first reading again.  Cristina Hinds said not if he was only amending the title and not the substance.  Mr. Billman noted that he is amending the substance as well.  

Paul Willis noted that the rest of his motion was to be placed on the February 22, agenda for the First Reading of the Ordinance as amended.  

Richard Billman stated that the motion to amend changes the Ordinance.  Dave Richards explained that only title is being amended and not the body of the Ordinance.  Paul Willis asked if adding the "whereas" does not change the Ordinance.  Mr. Richards said if there is an addition of a "whereas" he feels that it must be done over: without the "whereas" it can be done at this time.  Mr. Willis said he wants the "whereas" added just to clarify it.  

Debbie Westcott called a Point of Order.  Ms. Westcott pointed out that the paperwork needs to be placed out for the public to read.  It was not placed as part of the public’s back up.  Paul Willis provided a copy of his changes to the public.  

Richard Billman asked Ms. Hinds if he was correct that if passing the motion it would change the proposed Ordinance and would have to come back.  Ms. Hinds agreed and would require three readings and a publication.

Chuck Patti commented that he has a problem with the Ordinance within the first "whereas" which states “in a county whose population is less than 100,000 or more.”  Mr. Patti asked if Pahrump had 3 million people it would still take effect.  Richard Billman noted that it was taken from the NRS and his fight would be with the State.  

Tanya Metaksa commented that she has been circulating a petition says the idea behind the ordinance and that she supports it, but thinks it would be a good idea to get it passed sooner rather than later.  Each time it is taken up, it is changed.  Ms. Metaksa said it would be a good idea to get it passed because the immediate threat is the Legislature as they have to get their Bills in by the middle of this month.  It would be nice for the Town of Pahrump to be on record; or is that what agenda item #12 is supposed to do.  Richard Billman said that was his intention.  Ms. Metaksa noted that nearly 300 people signed her petition and it is in the Assemblyman’s hand.  

Sally Devlin commented that she was living in Reno when these NRS’s and everything in the State at that time says 100,000 or more instead of less.   Mr. Devlin said this should have been corrected many years ago, but the legislatures do not now how to read.  

Vote passed 4 – 0.  

DISCUSSION, ACTION AND DECISION REGARDING RESOLUTION #2005-05 – REQUIRING A VOTE OF ALL RESIDENTS OF THE TOWN OF PAHRUMP TO CONSIDER INCORPORTATION
Pahrump Town Board Meeting
February 8, 2005

Richard Billman read the following:

“A RESOLUTION REQUIRING A PETITION AND VOTE OF THE ELECTORS OF THE TOWN OF PAHRUMP TO CONSIDER ANY INCORPORATION”

Mr. Billman commented that the ordinance being looked at did not address his main concern, which is that everybody in the valley should have a say in whether or not there is an incorporation that involves the removal of property that currently belongs to the Town and would possibly belong somewhere else at some other point.  Richard Billman explained that it is a resolution which, if passed, would go to our legislature and they would know what the feeling of the Town Board is on this subject.  A resolution does not have the effect of law, but Mr. Billman said the ordinance will not have the contention or force of law as far as the legislature goes.  A Town ordinance is not going to trump whatever the legislature wants to do.  Richard Billman said he does not believe the legislature is going to, in the face of a Town that does not want it, place something like this in our laps.  Mr. Billman explained that the resolution states that the people of Pahrump and the Town Board wish any incorporation within the Pahrump Valley to be accomplished by the vote of the people.  

Paul Willis Motioned to approve Resolution 2005-05 requiring the vote of all the residents of Pahrump to consider incorporation and to send it to our representatives and legislators as soon as possible.  Jeanna Howard seconded the motion.

Dave Richards commented that this resolution has his full support.  

Larry Baker commented that he was in touch with the Legislative Council and found that there has been nothing submitted from the committee to incorporate Sunrise City as of this date.  Mr. Bake said he was informed that the deadline has passed for receiving information; the only way to get it on a BDR at this time would be by presentation of Mr. Rod Sherer or Mr. McGuiness.  

Chuck Patti commented that he understands the meaning behind this but the people must understand that Nevada is not a “home rule” state.  Mr. Patti noted that the constitution Article 8 section 8 says at the pleasure of the Legislature they can do this regardless of the Town’s resolution.  

Vote passed 4 – 0.

Richard Billman said he firmly believes the impetus to produce a Sunrise in the Pahrump Valley got co bashed by the presentation of the proposed ordinance.  

TOWN MANAGER’S REPORT

Dave Richards reported that the budget preparation has begun; department heads are preparing their budgets.  Mr. Richards noted that to this date he has only received budget comments from
Pahrump Town Board Meeting
February 8, 2005

Mr. Willis and would request comments from the other Town Board members prior to putting the budget together it would be most beneficial.

Mr. Richards reported that the ambulance fund currently has a balance of almost $124,000.  The year began at $45,073.  Dave Richards stated it appears as though the steps taken to address the funding shortfalls, that being increasing the rates, and moving employees from the enterprise fund into the general fund was appropriate and might be having some effect.  Mr. Richards noted that there is intent to finish the year in the black and the budgeted transfer from the general fund to the ambulance might not be required for the first time.  The current balance amount is $123,851.

Dave Richards reported that as of January 11, only two Town Board signatures are required on the invoices (vouchers).  Three have been required in the past, but for future, because of the newly adopted Town Board Policy, only two signatures will be required.  

Mr. Richards reported that he will be attending the League of Nevada Cities Legislative functions February 17-18, 2005.  Dave Richards noted that he would be leaving on February 16 and will not be available for the evening meeting with Tischler & Associates, but will be participating in the afternoon with the Town Staff.  

Dave Richards reminded the Town Board that on February 16, at the Town Office, they will be meeting with Mr. Tischler to discuss growth in the community.  

Jeanna Howard noted that the Town Manager’s Report states that a ¼% sales tax is being researched.  Ms. Howard asked who was doing that.  Mr. Richards replied the Town’s Attorney is doing the research.  

ADVISORY BOARD REPORTS

Jim Petell reported that the Public Lands Advisory Board has been doing research into the Last Chance Park at Stephanie and Leslie.  Mr. Petell noted that there may be a presentation by Mary Ellen Giampoli at the next Town Board meeting to give an update and status on the condition of this park.   This was per the Town Manager and Mr. Petell’s conversation of this date.  Also being looked at is the Veteran’s Cemetery and the proposed shooting range and a possible clean up of the BLM shooting range on Bell Vista Road.  This was suggested by County Commissioner Gary Hollis working with Pahrump Valley Disposal  

Jeanna Howard reported that the Nuclear Waste and Environmental Advisory Board is following up with its plans for Earth Day.  Ms. Howard acknowledged that she is not the liaison but was there for this interest.  They are finalizing Earth Day plans which will be coming up on this agenda.


Pahrump Town Board Meeting
February 8, 2005

Ms. Howard noted that the Regional Planning Commissioner will meet tomorrow at 6:00 p.m. and would like to request that anyone with time to please attend the meeting.  

Jeanna Howard reported that the Fall Festival Executive Committee met on February 7 and went over some various general issues.  Ms. Howard noted that volunteers are always appreciated.

Laurayne Murray reported that she attended the Tourism Advisory Board meeting as a liaison on behalf of Ed Bishop.  Ms. Murray noted that the Pahrump Social Pow Wow presented their 2004 actual results and their 2005 projected expenses.  The Pow Wow is scheduled for November 18-20, 2005.  Laurayne Murray said the Tourism Advisory Board went over their fiscal year 2005 and 2006 primary budget presented by Michael Sullivan.  The funding levels after the audit for fiscal year 2004 were $487,457 which is $74,000 above what was projected.  The projected beginning fund for 2006 is $425,000 balance in that account.  Several items were discussed about the beautification project and items discussed with regard to the website and attendance at the Rural Round Up.  Ms Murray stated that the Tourism Advisory Board also implemented a new mechanism on their accounting practice to provide for recipients of Tourism funds to report their actual expenses back to them.  

Ms. Murray reported that she attended the Arena Advisory Meeting and they took an application to accept Steven Lee to replace a vacancy on their Board.  Laurayne Murray noted that the arena is booked for every weekend until June.  Ms. Murray reported that they are under discussion regarding new ticket booths for Fall Festival as well.  

Laurayne Murray reported that she also attended, on behalf of Ed Bishop, an Economic Development for Esmeralda and Nye (EDEN) workshop.  It was a working session   Ms. Murray reported that Paula Elefante is the new full time employee of EDEN and she provided information from the economic development training course she attended.  Julie Lawrence of ACS presented information regarding things going on with ACS.  The new EDEN slogan is “EDEN is alive in 2005.”

DISCUSSION, ACTION AND DECISION REGARDING $500 GRANT TO FUND FOOD AND ENTERTAINMENT FOR 3RD ANNUAL EARTH DAY, APRIL 23, 2005

Jeanna Howard explained that this is the 3rd Annual Earth Day.  This event has been privately funded in the past and the funding source has dried up.  Ms. Howard asked the Town of Pahrump to please fund $500 which there is a potential of recouping this funding through donations.  Jeanna Howard said this is an event bringing many people from Las Vegas attending this event.  

Paul Willis Motioned to approve the $500 grant to fund food and entertainment for the 3rd Annual Earth Day, April 23, 2005 to come from Room Tax.  Laurayne Murray seconded the motion.  


Pahrump Town Board Meeting
February 8, 2005

Dave Richards noted that he is unsure that the Tourism Advisory Board approved the appropriation but feels it would be appropriate.

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION REGARDING COMMUNITY CENTER POLICY EFFEECTIVE DATE

Paul Willis Motioned that the Policy not go into effect until May 10, 2005.  

Mr. Willis asked if the date was alright as Mr. Willis said he put it at that date in hopes of revisiting the ordinance and get rid of the ban on animals once and for all.

Chad Broadhead said he has been instructed that all of the show dates that they turned in after the January 11 meeting, all the dates is no longer available.  

Richard Billman seconded the motion.

Jeanna Howard explained that after a conversation with Mr. Broadhead in order to cover Mr. Broadhead’s dates May was the understanding that the ban would be implemented.  Ms. Howard thanked Mr. Willis for knowing what the conversation existed of and for knowing the date.  Jeanna Howard said she left a message with Mrs. Broadhead, following up with Dave Richards, and asked if Chad Broadhead had followed up with the dates.  Mr. Broadhead replied that he has not recently.  Mr. Broadhead stated that he did follow up on January 15 sending Ms. Westphal an email requesting all of the show dates.  The reply received from Ms. Westphal was no, Mr. Broadhead said.  Mr. Broadhead said he had the fax to prove it.  Jeanna Howard said that the dates that she discussed with Chad Broadhead were forwarded to Dave Richards and Cookie Westphal.  Ms. Howard noted that some of the dates are already tentatively booked.  Jeanna Howard said that she did not hear from Mrs. Broadhead and informed Mr. Richards that since she did not receive a response that those dates should be reserved until Mr. Broadhead confirmed them.  Ms. Howard suggested that there be a follow up to get this addressed and finalized with the bookings.  Jeanna Howard confirmed a tentative booking for May 9 so the date of May 10 works within his plan.  Chad Broadhead said he had scheduled March 5, April 2, and May 7.  Ms. Howard asked if this took care of all his shows for this year.  Mr. Broadhead replied up until May for spring, and then there are the fall shows.  Chad Broadhead said those will be addressed in May.  Paul Willis added or sooner.  

Chad Broadhead said he would like to talk about one more item.  Mr. Broadhead noted that on the January 11 meeting the Board has probably read what they agreed to do for their association and club which told them to do all their advertisement.  With the changes they had to make and redo all their mailings and what they lost in revenue, $1,051.35 due to not being able to have their show at the community center.  Chad Broadhead asked that the Town Board would pay for

Pahrump Town Board Meeting
February 8, 2005

the losses they incurred on the word from the Board that they could have their show at the community center that date.  

Cristina Hinds pointed out that this request is not on the agenda and cannot be considered at this meeting.  Jeanna Howard asked if there could be dialogue.  Ms. Hinds repeated that it is not on the agenda and this may fall under the Town Manager as it is within his pending limit.  Cristina Hinds said this is not something the Board can legally consider at this time.  

Fred Jones commented that it seems that the proposed ordinance regarding the regulations and conditions regarding the community center seem to be a dog that just does not hunt.  Mr. Jones said that one of the issues was mentioned due to scheduling.  Mr. Jones pointed out that there have been three or four organizations scheduling way in advance and part of the ordinance says only four months.  Fred Jones noted that according to the schedule that there are organizations scheduling the community center one night each week.  The organization that has been attacked with this ordinance is asking to use this room six days a year, on the weekend; hat being six days out of possible 104 weekend days.  Mr. Jones said he thinks the ordinance needs to be revisited and completely abolished.  As indicated in the last meeting by Ms. Howard that the policy should be just blown off.  

Vote passed 4 – 0.

CONSENT AGENDA ITEMS;

A.    Action – approval of Town vouchers
B.    Action – approval of Town Board meeting minutes of January 11, 2005
C.    Action – approval of 72-Hour Liquor License – Starlight Children’s Foundation – April 23, 2005 at Spring Mountain Motorsports Ranch

Paul Willis Motioned to approve the consent agenda items A, B and C.  Laurayne Murray seconded the motion.

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION REGARDING CLOSURE OF MEETING, PURSUANT TO NRS 241.030(2) AND 288.220(1-4) FOR PURPOSES OF CONFERRING WITH THE TOWN’S MANAGEMENT REPRESENTATIVES REGARDING LABOR NEGOTIATIONS, ISSUES AND OTHER PERSONNEL MATTERS

Paul Willis Motioned to close the meeting as stated above.  Richard Billman seconded the motion.

Vote passed 4 – 0.  

Pahrump Town Board Meeting
February 8, 2005

Jeanna Howard asked Ms. Hinds if the agenda item alright as Counsel.  Laurayne Murray asked who requested the agenda item.  Cristina Hinds replied that she did as there are upcoming labor negotiations.  Dave Richards commented that he feels it was agengized properly.  

CLOSED MEETING

DISCUSSION, ACTION AND DECISION REGARDING MATTERS DISCUSSED IN CLOSED SESSION

Jeanna Howard Motioned that the Town Board direct the Town Manager to continue the reimbursement for medical benefits for retirees while researching the policy and bringing it back to the Board.  Laurayne Murray seconded the motion.

Vote passed 4 – 0.

ADJOURNMENT

Richard Billman adjourned the meeting.

Respectfully submitted,


Richard Billman, Chairman
(In absence of Town Clerk)



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




/cw

 


Backup

There is no backup posted for this meeting.