Agendas & Minutes


January 11, 2005 - PTO #46

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
JANUARY 11, 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 News” regarding people, events, awards, celebrations or occasions that reflects positively for those within the community.

6.    Discussion, action and decision regarding request for a $500 grant from State Tourism Room Tax Fund for the Pahrump Arts Council.  Loretta Lindell

7.    Town Manager’s Report

8.    Advisory Board Reports

9.    Discussion, action and decision regarding approval of advisory board memberships.  Town Board

10.    Discussion, action and decision regarding possible re-creation of Parks and Recreation Advisory Board and matters related thereto.  Ed Bishop

11.    Appointment of Advisory Board Liaison positions.  Chairman

12.    Discussion, action and decision regarding Town Board Policy.  Town Board

13.    Discussion, action and decision regarding appointment of members to the Pahrump Valley Airport Master Plan and Environmental Baseline Study Technical Advisory Committee and request a letter be sent to the County Commissioners to allow County employees to serve on the Technical Advisory Committee.  Charlie Gronda



14.    Discussion, action and decision regarding Resolution to Nye County Commissioners for recommendation of an EDEN (Economic Development of Esmeralda and Nye) representative and recommendation to fill vacancy.  Town Board

15.    Discussion, action and decision regarding acceptance of water right bid.  Town Manager

16.    Discussion, action and decision regarding request for permission to proceed with refurbishment of 1989 E-One Hush Engine - $120,000.  Fire Chief

17.    Discussion, action and decision regarding Resolution #2005-01 authorizing issuance of $375,000 debt for purchase of elevated fire equipment apparatus.  Town Manager

18.    First Reading of Pahrump Town Ordinance #47 authorizing business license inspection fees.  Town Manager

19.    First Reading 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.

20.    Discussion, action and decision regarding Town Board Retreat.  Town Board

21.    Discussion, action and decision regarding Community Center Policy requiring cashiers checks/money orders for deposits.  Ed Bishop

22.    Discussion, action and decision regarding Southern Nevada Rabbit Breeders Association proposal to use and/or rent Kellogg Road Fire Station (#3).  Chad Broadhead

23.    Consent Agenda Items:

A.    Action – approval of Town vouchers
B.    Action – approval of Town Board meeting minutes of December 14, 2004

24.    Closed session for attorney-client communication.

25.    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

 


 

FIRSTREADING PAHRUMP TOWNORDINANCE #46 – PROHIBITING THE INCORPORATION OF ANY AREA OF THE TOWN OF PAHRUMP THAT DOES NOT INCLUDE THE ENTIRE AREA OF THE TOWN

 

Ed Bishop read the title as follows: 

 

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

 

TITLE:            AN ORDINANCE PROVINDING 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 AND PRIOR ORDINANCES; SEVERABILITY; EFFECTIVE DATE; AND OTHER MATTERS PROPERLY RELATING THERETO.

 

Jeanna Howard would respectfully request that the audience receive copies of the ordinance to become informed.  Ms. Howard stated that the Town Board is not voting on supporting or taking away their option to change their level of government, or scope of township.  Jeanna Howard noted that this is the first reading and a vote will come into play following the third reading. 

 

Dave Richards commented that he asked that this ordinance be drafted and provided input into its language.  Mr. Richards stated he thinks this is an appropriate reaction to the effort underway to incorporate a portion of the Town that includes the heart of the Town of Pahrump.  Mr. Richards said he felt this to be a reasonable response to an effort to acquire almost all of the Town’s properties.  If the incorporation is successful all of the Town’s properties that are contained within the incorporated area boundaries are subject to condemnation and eminent domain.  Dave Richards stated that if the City of Sunrise is successful in making the Town of Pahrump go away, as quoted in the newspaper, he is not sure there will be any eminent domain process if there is no Board to represent the Town, there is no one to offer a fair market value for the property under question.  Mr. Richards said he thinks the residents need to understand what properties would be included.  Dave Richards noted that there are approximately 19 properties that the Town owns that will be included in the boundaries of the incorporated area.  Mr. Richards said he warned members of the Board previously about this.  Mr. Richards pointed out that the Nye County/Pahrump Fairgrounds and Recreation Complex would also be included.  Dave Richards said he has worked hard at getting funding through PETT for development of the fairgrounds.  That property is subject to condemnation and eminent domain.  Mr. Richards named the other properties affected.  Dave Richards said it was an outrage that the Town should stand by and let an incorporation effort be attempted that would take the Town’s property and suggest that the Town of Pahrump should just “go away.”  Dave Richards said he is not going to go away and hoped that the Board considers this ordinance seriously.  Mr. Richards said there will be comments about whether it is constitutional or legal or meaningless.  Dave Richards suggested that the Town Board let the attorneys decide and that the Board take a stand against the incorporation by doing that with this ordinance.  Mr. Richards said this appears to be the only legal recourse available.  However, there is political recourse.  Dave Richards stated that this will make a statement to everyone that the Town Board is viable and not going to lie down and let this incorporation take place and rob the residence of the Town of Pahrump and their properties.

 

Jeanna Howard asked Cristina Hinds to look into whether a portion of the community is incorporated that the Pahrump Township disappears and would it be engulfed into the County.  Ms. Howard clarified that she was referring to Pahrump, the government itself.  Jeanna Howard declared that she would take no action for or against incorporation based on the fact that it is up to the constituents to decide. 

 

Richard Billman pointed out that the current incorporation effort does not involve the citizens of the community. It is being attempted by doing the “end around approach” and going directly to the legislature.  Mr. Billman said he understands that if they are successful in this incorporation it will take place in a few short months, and as early as July, 2005.  Richard Billman stated that the Town would not have any say in the matter. 

 

Jeanna Howard continued that she will declare that if it is proven and fact that the community does not have a say in the change of the government she will then fight against it.  Ms. Howard said it is up to the community to decide.  Jeanna Howard stated she does not support a resolution that stops this constituency from changing their level of government, or format of government. 

 

Ed Bishop said it was his personal opinion that when the Town Board was elected they were elected to protect, defend, create, establish, and improve the community.  Mr. Bishop said he believes the Town Board needs to take an active anti-incorporation stance on this issue because they are not including the whole community.  Ed Bishop stated that if this incorporation succeeds, they are destroying the community that he was elected to help protect.  Ed Bishop stated he is absolutely against this incorporation effort in the back door way they are trying to put it through. 

 

Paul Willis stated he wholehearted supports this ordinance and applauds Dave Richards for taking a stand on it.  Mr. Willis said he believes that the Town Board is entrusted with the trust of the Town of Pahrump and feels is a hostile act that is perpetrated on the Town.  Paul Willis noted a select few that may get to vote and the rest have to stand by and let the destiny of the rest of the community be determined by them.  Mr. Willis stated that he supports this ordinance and hopes everybody else does.  Paul Willis explained that this has been before the vote of everyone before and has been turned down.  If they want to try again they should do it the right way.  Mr. Willis said the Town Board is entrusted to defend the Town of Pahrump and its constituents and citizens.

 

Jeanna Howard agreed with Mr. Willis in one regard.  If the constituency says they are for the ordinance and wants this ordinance is place it is her job to support that consensus.  Ms. Howard stated that based on that, she would support the ordinance.  Ms. Howard said she does not want people supporting incorporation because they have issues with the Town Board and want to see it dissolved and/or against it because they have issues with the County government.  Jeanna Howard said she is angered because people are saying the voice should only be the people in the incorporation area.  Ms. Howard explained that the incorporation impacts the outlying area also. 

 

Paul Willis said it is a challenge for the Town Board that they have thrown down the gauntlet and it is for the Town Board to rise to the occasion.  It is time for the Town Board to step up. 

 

Tonya Metaska commented that she was in favor of the Town Ordinance #46.  Ms. Metaska said she commends the Town Manager for bringing this to the Town Board.  Tonya Metaska said she hopes all the Board will vote for it and do it as soon as possible.  Ms. Metaska explained as it was explained to her that if a Bill is submitted in the legislature it is out of the hands of the community except for those that live in Sunrise City.  It is very important for this Town Board to make their opinion known to the State Assemblyman (Rod Sherer), and everyone in the audience that is opposed to this particular form of incorporation known to Rod Sherer, it will be on the way to stopping the whole process.  Tonya Metaska noted that in the middle of February there are no more Bill Drafts, making the window of opportunity one month.  Ms. Metaska explained that she has started a petition that is modeled after the wording in Ordinance #46. 

 

Jeanna Howard suggested that any correspondence include the Senators in the distribution. 

 

Harley Kulkin commented that he spoke with Mr. Lorrin Peterson who is involved with the corporation effort and asked him if the people will be allowed to vote.  Mr. Kulkin said he was assured the people will be able to vote on whether or not to incorporate, but the facts seem to be different.  It seems they prefer to have the charter passed through the legislature.  Mr. Kulkin said there are studies being done on financial issues and has not yet been provided.  Mr. Kulkin said he was refused a copy of the incorporation charter.  Harley Kulkin stated that the Ordinance may good if you live in the area.  Mr. Kulkin expressed his concerns regarding incorporation and his plans for the future.  Harley Kulkin said the Board should invite Rod Sherer to speak on the subject as Mr. Kulkin said there is no Bill Draft Request (BDR) put in. 

 

Jeanna Howard commented that Rod Sherer has assured the community that he will not sponsor the BDR unless he knows the people have a vote.  It comes down to interpretation on what can be voted on.  Ms. Howard noted that it took several efforts to get a copy of the incorporation charter.  Jeanna Howard asked that the charter be posted on the Town website for access. 

 

Paul Willis stated that the incorporation effort is putting a lot of pressure on Rod Sherer to further their can so the Town Board should do the same. 

 

Yvonne Smith commented that she applauded the Board for agreeing with the way people voted previously when this issue was on the ballot.  Ms. Smith said if this is going to be done it should be done for the entire Town. 

 

Jim Petell commented that he understands that when E.A. Collins came to build Mountain Falls, his backdrop was to create Sunrise City. 

 

Jeanna Howard added that there will be public meeting outside the Town Board to address this matter on specific information to allow people to evaluate it accurately. 

 

Jim Petell named some people he felt were involved in the incorporation effort.  Mr. Petell said he talked to a legislative attorney, Tom Lyden, and was told the BDR will go through the legislature, the legislature will vote it in and the 13,000 people have a vote.  The rest of the Town will be gone and so will the Town Board.  Mr. Petell said the Town Board should support the effort and find out who is behind the skullduggery as it will take the heart of Pahrump and the County will take over the rest. 

 

Jeanna Howard said she would like to challenge the people behind the incorporation effort that are not being presented in the forefront.  Ms. Howard said she knows no more than who is involved with this effort than the public does, although it has been eluded to that there are some heavy hitters involved.  Ms. Howard said she challenges those people to come out and testify to whatever it is and the reason is and that they support it.

 

George Gingell said he supports the Town Manager on the Ordinance to gut the Town.  Mr. Gingell commented that the boundary goes down the center of his road and asked if he goes to the County for one half and the City for the other.  George Gingell commented on the taxes that have been paid for Town services.

 

George Metaska commented that he would like to urge everyone to help get the petition out and get signatures so they may be passed on to the legislature. 

 

Dave Richards noted that in the interest of communication and correct information the Town Board was provided back up consisting of five pages of opinion and research from the Town Attorney.  There is no other information for her to research.  Mr. Richards stated that if there are questions regarding the process and the eventual impact on the Town of Pahrump, it is contained in the backup.  There is other backup which included documentation of the impact that the incorporation would have on the Town of Pahrump.  This information is public and is not confidential and available to the public.  Dave Richards said he is pretty confident that the information that was provided, and was used as a basis for drafting the ordinance.  The ordinance is factual and lays out the effects on the Town of Pahrump quite accurately.  There is little left to discuss other than the properties that will be taken from the Town.  The information will not be on the website but can be picked up at the Town Office. 

 

Jeanna Howard asked why is cannot be on the website.  Mr. Richards said he would talk with the webmaster.

 

 

 

 


Minutes

PRESENT:
Richard Billman
Jeanna Howard
Ed Bishop
Laurayne Murray
Paul Willis

CALL TO ORDER

Chairman Richard Billman called the meeting to order, led the pledge of allegiance and welcomed those in attendance.

DISCUSSION REGARDING AGENDA ITEMS

Richard Billman asked that Item #18 (First Reading of Pahrump Town Ordinance #47 authorizing business license inspection fees) be removed.

There were no objections.

ANNOUNCEMENTS

Ed Bishop announced the following:

Pahrump Regional Planning Commission will meet at 6:00 p.m. on January 12 in the Hall;
Fall Festival Parade Committee will meet at 5:30 p.m. January 12 in the Town Annex;
Nevada Department of Transportation will hold a public hearing on January 14 form 5:00 p.m. until 9:00 p.m. in the Hall;
Nye County Commissioners will meet in Pahrump on January 18 at 8:30 a.m. in the Community Center Hall;
Nye County Commissioners will hold a budget workshop on January 20 at 8:30 a.m. in Room B;
Fall Festival Rodeo Committee will meet on January 20 at 7:00 p.m. in the Town Shop.



Pahrump Town Board Meeting
January 11, 2005

Jim Petell announced that there will be a Fairgrounds Advisory Board meeting on January 19 at 7:00 p.m. in Room A.  Mr. Petell also announced a Nye County Capital Impacts Advisory Committee meeting would be held January 13, at 1:30 p.m. at the Library.

Richard Billman announced that there would be a Nevada League of Cities (NLC) meeting at 3:00 p.m. in the North Las Vegas City Hall on January 13.  There is a general meeting of the NLC on January 14 at McCarran Airport at 8:00 a.m.

PUBLIC COMMENT

Fred Jones commented on the issue regarding use of the community center and scheduling issues.  Mr. Jones said the concern was that the group has liability issues for judges for a previously scheduled event.  Richard Billman asked if he has been notified that a commitment was not to be honored.  Mr. Jones stated that he has been told by the President of the association that their last show would be January although they have scheduled shows through May.  Mr. Jones said he has a copy of an email of when the center was requested dated September 27, followed up by an email on November 16, that there was confirmation for January and February with the other three months in a bit of a quandary.  Fred Jones stated he has emails from judges noting that if the February show is cancelled the fees will still have to be paid for.  

Ed Bishop responded that at the last meeting the community center policy was changed to no longer allow animals in the community center.  This was not just the rabbit club and included the dog people as well.  Mr. Bishop said that it was set that the last rabbit show would be the one in January as part of the new policy.  Jeanna Howard commented that the submission of requests for utilization of the center from any organization has not been a matter of approval or disapproval.  

Mr. Jones stated that the Town website calendar indicates that the center is scheduled.  There was discussion regarding organizations and the number of scheduled events by using Saturday for numerous events.  Fred Jones said he did not have that information.  

Richard Billman explained that there can be no action at this time as this is not an agenda item and this should be placed on a future agenda by someone from the organization.  

Tanya Metaska asked if this would be the appropriate time to address agenda item #19.  Mr. Billman said she should address this at the time the agenda item is heard.

Yvonne Smith commented that the Town should be more involved to support children activities and asked that the Town Board reconsider their decision.  Ms. Smith said they have done a lot to clean up after the shows and even washed down walls.  Jeanna Howard asked where rabbit shows have been held prior to the community center.  Yvonne Smith replied that they have not had any locally other than Harvest Festival.  Many people raise rabbits in their garages.  
Pahrump Town Board Meeting
January 11, 2005

Chad Broadhead, President of Southern Nevada Rabbit Breeders Association, stated he brought the issue to the Board last month after being notified through the newspaper that they could no longer have their shows at the community center.  Mr. Broadhead said he asked that the Board work with this group until the fairgrounds were built.  It was voted no at that time.  Chad Broadhead commented that with the response from the members, if the community center cannot be used, the club will have to fold as the shows cannot be held outdoors.  Mr. Broadhead asked that the community center be used until the fairgrounds is built or find an alternate building.  This will be addressed further on an agenda item later in the meeting.  A facility is needed that allows for handicap access.  To attend shows in Las Vegas would cost thousands of dollars to rent a building in Las Vegas.  Jeanna Howard noted that Mr. Broadhead said he spoke with members of the 4-H regarding using their facility and asked who he spoke with.  Chad Broadhead replied that he spoke to Debbie and that he is the 4-H leader for the rabbits and cavys.  Mr. Broadhead stated that the 4-H building is not large enough and will not hold their shows.  

Richard Billman suggested that an action item be placed on the next agenda concerning the cleaning and use of the building at that time.  Mr. Broadhead expressed concerns regarding judges and the cost associated with them.  Chad Broadhead asked if there could be some meeting before the next Town Board meeting to hear this so that use of a building can be discussed.  

Jim Petell asked about three water trucks that the Town uses for auction and asked what the status is of those trucks.  

Lisa Holleman announced that there has been a Sri Lanka Tsunami Relief project and collected many goods just over the weekend.  Any donations will be accepted and will go directly to two churches that are on that island and go directly to the people.  

“GOOD NEWS”

Ed Bishop stated that the previous comment from Lisa Holleman fits under this agenda item.  

DISCUSSION, ACTION AND DECISION REGARDING REQUEST FOR A $500 GRANT FROM STATE TOURISM ROOM TAX FUND FOR THE PAHRUMP ARTS COUNCIL

Loretta Lindell noted that a letter was supplied for back up and pointed out that this is a request for funds already budgeted and is not a new request for a grant.

Ed Bishop asked if the funds are being sought to secure the services of a local accounting firm to set up the books and training and technical support has been hired.  Ms. Lindell replied that it has been and the money has been spent.  There is an agreement with the accounting firm.  Mr.

Pahrump Town Board Meeting
January 11, 2005

Bishop asked if they have started work yet.  Loretta Lindell responded that they have programmed the computer.  

Laurayne Murray asked if bids were taken on doing this work or if they select an individual firm.  Ms. Murray said at a previous job she used this software and used the tutorial to train herself.  Technical support can be purchased through the Quick Books Company for one-third of the price with accounting services as well.  Loretta Lindell stated they understood that the person providing the service is the only trained representative in the local area.  Laurayne Murray said the training comes with the software at a very reasonable price.  Ms. Lindell noted that this is Quick Books for non-profits.  

Ed Bishop Motioned to deny the request for $500.  Paul Willis seconded the motion for discussion.  

Ed Bishop explained his reasoning is that the Board took a pro active step of denying another Board reimbursement funds for money spent without asking the Board first before spending money.  Mr. Bishop said he does not feel that the Board can tell another Board that it is okay.  Ed Bishop stated that if advisory boards want to spend money that they must have permission before spending the money.  

Paul Willis asked the Town Manager to send a memo to all the advisory boards to remind them that they must get approval from the Town Board before spending any money.  

Jeanna Howard noted that the advisory boards do not spend money as they do not have that authority.  Ms. Howard concurred that some organizations need to not expense funds prior to coming to the Town Board.  

Paul Willis said that a letter will be a reminder to the advisory boards on what the position of the Town Board will be.  Ed Bishop added that there are times when the time frame will not allow for a timely request.  

Dave Richards commented that the time to send the memo to the advisory boards might have given them an opportunity to react to a new policy that the Town Board has adopted, which is that they will not approve any expenditures if the Town Board has not approved the expenditure beforehand.  Mr. Richards said he did not agree with the Town Board’s action at the last meeting and does not agree with the Town Board action going to take place tonight.  Dave Richards said he would appreciate the opportunity to notify the boards that this is the policy the Town Board is going to adopt.  Mr. Richards explained that in this case there is $2,000 budgeted for contingency expense of which they are asking $500, leaving a balance of $1,500 for the remaining six months of the year.  Dave Richards stated that there are funds available and he feels the Boards policy, as proposed, is reasonable, but would ask that the advisory boards be given an opportunity to respond.  

Pahrump Town Board Meeting
January 11, 2005

Jeanna Howard asked what Mr. Richards recommendation would be.  Dave Richards replied that his recommendation would be to approve the request.  

Ed Bishop stated that the new policy was passed in November and asked why a memo was not sent to the advisory boards in December or January.  Mr. Richards responded that there was no thought to do so.  Mr. Bishop asked if the Board needed to specify that there was a policy change and a memo needs to be sent.  Dave Richards stated that at the time the action was taken, it was not a policy decision.  It was handled on a situational basis.  Mr. Richards added that if he had identified it as a policy that the Board was going to take in the future, he would have initiated a memo to the advisory boards.

Loretta Lindell pointed out that the Pahrump Arts Council is not an advisory board of the Town.  

Vote failed 1 – 4.  Ed Bishop voted in favor of the motion.

Richard Billman confirmed with Mr. Richards that the advisory boards would be notified.

Jeanna Howard asked that this group come to the Town Board in the future before items are expensed.  

Dave Richards suggested another motion be made to approve the request if so desired by the Board.

Paul Willis Motioned to approve the request.  Laurayne Murray seconded the motion.

Paul Willis commented that he would like to give fair warning of what the policy is and he feels the need to tighten up the ship.  

Jeanna Howard clarified that the Pahrump Arts Council is not an advisory board.  Ms Howard said she concurs with the policy and the advisory boards have no authority to spend money anyway.  

Laurayne Murray asked who has the authority to spend the State Room Tax funds.  Jeanna Howard replied the Town Board.  Ms. Murray clarified that this is not a change in policy to limit councils, advisory boards or committees from making expenditures as they are not authorized to make expenditures anyway.  Ms. Howard agreed.  Laurayne Murray clarified that it is not a change in policy that if someone wants to spend this money they must go to the Town Board before signing a contract to spend that money.  Ms. Murray commented that the purchase of the software was an excellent purchase but feels it an unreasonable price to pay for the service.  

Vote passed 4 – 1.  Ed Bishop voted nay.
Pahrump Town Board Meeting
January 11, 2005

TOWN MANAGERS REPORT

Dave Richards noted that he has given the Board a note for requests for budget suggestions.  The budget process is scheduled to begin soon with staff and suggestions from the Town Board are needed regarding programs and services and capital improvements that the Board might suggest for the coming year, or for years to come.  Mr. Richards said it is easier to put the budget together with the suggestions than to wait until the work sessions and find that something was not included.  Dave Richards noted that suggestions can be emailed to him or provide them by hard copy or by a phone call.  

Jeanna Howard request that the Board consider the Fall Festival and the balance of money that are in the Fall Festival account, and how they would like to see some of the money allocated toward the fairgrounds project and parks and recreation as voted on by the Town Board.  Ms. Howard stated it is at a point now that some of the money should begin to be allocated.  Ms. Howard noted that the account would not be exhausted as there is still the annual function.  

Richard Billman recalled that the Board voted to allocate the money 50-50 between the two entities.  Jeanna Howard said he was correct but the matter of how much needs to be allocated.  Ms. Howard said she believes it is not the Board’s intention to exhaust the account on an annual basis as operating funds are needed.  

Dave Richards reported that the Town’s resolution concerning prohibiting truck traffic in Calvada Unit #1 was tabled by the County Commissioners pending further review.  Mr. Richards stated that he discussed with one of the Commissioners their intent in this matter.  The reply was that they would hold discussions between the County Road staff and the Town Manager and Commissioners to devise a plan for truck traffic in the Town and not just in the Calvada Unit #1.  This will delay taking any action and given the condition of roads following the recent rain there is suspected deterioration of the roads in the future.  Mr. Richards stated that when this issue was brought forward by the people on Malibou Street it was stated that this is not an issue the Town Board should become involved in.  Dave Richards said he feels it is a Town responsibility and that the Town Board and its Administration can serve as an advocate for the Town residents to the County Commissioners.  Mr. Richards said the Town needs to take every opportunity to represent the Town’s residents even if not a direct responsibility of the Town.  

Dave Richards reported that there are several economic development projects underway.  MAP has completed the inventory phase of their project and has submitted a proposal for marketing of Pahrump by direct mailing.  In addition, they have submitted a proposal to assist local manufacturers in developing strategies for growth.  Mr. Richards said he has hoped MAP would make a presentation to the Economic Development Advisory Board but have not been able to arrange a meeting with them.  If a meeting cannot be scheduled in January, Mr. Richards stated he would come directly to the Town Board and ask for its consideration of the MAP proposals.  


Pahrump Town Board Meeting
January 11, 2005

These issues were discussed with the new County’s economic development director and
discussed these issues briefly.  The proposals were taken and hope that the Town can work in coordination with the County.

Dave Richards reported that the employee insurance committee met to discuss concerns about current health care coverage and the potential renewal with the current provider.  Mr. Richards noted there were very few negative comments about the current provider.  Dave Richards said they will probably be proposing to renew with that provider pending comments from the firefighters bargaining unit and further comments from other employees.  Richard Billman confirmed that the current provider is Sierra.  

ADVISORY BOARD REPORTS

Jeanna Howard reported that the Nuclear Waste and Environmental Advisory Board will hold its Annual Earth Day on April 21 at Honeysuckle Park.

Ms. Howard reported that the Fall Festival Executive Committee elected its officers; Coni Rockwood, Chairman; Pat Marzaline, Vice Chair; Bonnie Solie as Recording Secretary, non-voting member.  Things are beginning to happen for Fall Festival 2005.  Contracts are being looked at.

Jeanna Howard reported that the Regional Planning Commission, as usual, has the same type of agenda items such as zone change requests.  Ms. Howard asked that any input, concerns or considerations from the public can be addressed by attending the RPC meeting.  

DISCUSSION, ACTION AND DECISION REGARDING APPROVAL OF ADVISORY BOARD MEMBERSHIPS

Paul Willis Motioned to accept the members of the Advisory Boards as presented to the Board.  Ed Bishop seconded the motion.  (List attached to minutes)

Laurayne Murray noted a copy of a request by someone interested in being on the Arena Advisory Board was included in the back up.  Dave Richard noted that the person was not approved by the Arena Committee.  

Vote passed 5 – 0.

DISCUSSION, ACTIONA ND DECISION REGARDING POSSIBLE RE-CREATION OF PARKS AND RECREATION ADVISORY BOARD AND MATTERS RELATED THERETO


Pahrump Town Board Meeting
January 11, 2005

Ed Bishop noted that in November the Town Board disbanded the Parks and Recreation Advisory Board due to their inactiveness.  Mr. Bishop stated that since that time he has talked with members of the several members of the community and to Matt Luis who is the head of Buildings and Grounds and feels that the advisory board needs to be re-created.  

Ed Bishop recommended that a new board be created with five (5) voting members plus two (2) alternates; a Town Board liaison and the head of Buildings and Grounds, Matt Luis, be non voting members; to advertise for positions in the Pahrump Valley Times on February 2 and 4 with a cut off date of February 7, 2005; interviews will be held on February 12 by Matt Luis and the Board liaison; recommendations for membership will be presented to the Town Board for approval at the February 22, Town Board meeting.

Mr. Bishop stated that he has talked with the Town Manager and feel that the projects currently going on can be handled by Mr. Richards and Mr. Luis.  The upcoming projects, Ed Bishop said, he feels will need a parks and recreation board and Mr. Luis agrees.  Mr. Bishop noted that it would be 5 to 6 months before this would be a really active board and would rather start now than to wait until it is really needed.  

Ed Bishop Motioned to create a new Parks and Recreation Advisory Board as outlined above.  Jeanna Howard seconded the motion for discussion.  

Jeanna Howard said she hoped that this is not done again, that is dissolving and re-implementing for whatever reason.  Ms. Howard explained that Bill King stated that there was ample activity taking place within the previous advisory board.  Ms Howard asked for a show of hands of those in the audience that are interested in this board.  There were three responses.  Jeanna Howard said she received two phone calls of people that are also interested and hopes that those interested do become involved.  

Mr. Bishop stated that Mr. King is only one of several people that he heard from concerning the advisory board and it started him thinking about re-creating the board.  At the time Mr. King spoke, he said he knew of 30 people that were interested.  

Richard Billman noted that the parks and recreation board in North Las Vegas is extremely active and less concerned with the facilities and more concerned with organizing events, which is an important part of the community.  This can be an important part of this community as programs for children and programs for older people are needed.  Also need, Mr. Billman stated, are the facilities.

Bill Gurch commented that a gentleman was asking about rabbits and why the Town Board cannot do something for him.  

Ed Bishop replied that it is something that can be looked into as a new board.

Pahrump Town Board Meeting
January 11, 2005

Vote passed 5 – 0.

APPOINTMENT OF ADVISORY BOARD LIAISON POSITIONS

Richard Billman asked that this item be heard following Item #14.  There were no objections to this change.

DISCUSSION, ACTION AND DECISION REGARDING TOWN BOARD POLICY

Cristina Hinds explained that the requested changes made at the last meeting have been placed in the Town Policy.  Richard Billman asked if she finds the changes satisfactory legally.  Ms. Hinds replied she did.  

Paul Willis asked if the italicized areas of the policy are to be deleted.  Cristina Hinds explained that the words in brackets [ ] are items to be removed, the items in italics is the new and additional language.  

Paul Willis said he expressed objection to item E of the policy the last time and his sentiments have increased.  Mr. Willis said he does not have the desire or need for a liaison between the Town Manager.  Paul Willis stated he does not want anybody else evaluating the Town Manager’s performance on his behalf.  Mr. Willis asked that all of item E be deleted from the policy as he cannot support this policy with the wording as it is.  

Jeanna Howard commented that she concurred with Mr. Willis, although not for the same reasons.  Ms. Howard said she has confidence in the Town Board members to represent her in a communicative level with the Town Manager.  Jeanna Howard still has concerns about lack of communication with the Town Manager and other Board members and there may be a Board member that would like a little interaction and another that would like more.  If there could be a fine tuning of a collective voice in relationship to the Town Manager it would be great.  Ms. Howard stated that having two people represent the Town Board with the Town Manager is an opening to a nightmare.

Ed Bishop Motioned to adopt the Pahrump Town Board 2004 Policy with the following changes:  Item E – Liaisons – keeping everything in italics from above “liaison to the Town Manager to the bottom.  The first paragraph under E should remain as it deals with the advisory boards.  Paul Willis seconded the motion.

Laurayne Murray expressed her concern regarding concerns of the other Board members.  Ms. Murray said she is not reading the same into the relationship.  There is nothing in the language to prohibit any member of the Town Board from interacting with the Town Manager at any level at any time.  Ms. Murray said she does not have a concern that it would be interfering or undermining the ability of any Board member to go to the Town Manager at any time.  Laurayne Murray said she does have concern with the formal process for establishing goals and objectives,
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and for measuring performance and providing performance evaluation feedback to the Town Manager from the Town Board.  Ms. Murray said this creates two people that can do that clerical work.  They do not evaluate the Town Manager because the evaluations go to the Town Board for review and approval.  Laurayne Murray stated that it puts in place a procedure that is currently lacking and could be beneficial.  Ms. Murray said it would be her preference to have clear direction and understanding of what performance is acceptable and not acceptable.  

Richard Billman said it was his perception that it would remove from five members and place into the hands of two directing of the Town Manager.  Those two would be acting on behalf of the five Board members.  Mr. Billman said he has voiced that concern.  

Laurayne Murray noted that the original language did state that the two would be acting on behalf of the Board and there was a concerned voice; however that language was taken out.  Ms. Murray explained that it appears that these two would meet on a regular basis to establish documentation for; performance evaluations; objectives and measurements; performance review in relation to the Board as a liaison, not a representative on behalf of the Board.  

Richard Billman stated that those are the obligations of the Town Board.  Ms. Murray said they are not currently being done at all.  Mr. Billman said that would be something for the Board to address as a Board.  

Jeanna Howard recommended as her personal opinion that the Board has gone from a body of five that keeps transitioning with a requisition of chartering the Town Manager with responsibilities which the Town Board has failed.  Ms. Howard stated that this Board has not chartered the Town Manager with any direction other than through independent conversations or dialogue.  Jeanna Howard recommended following the County Commission lead to pursue regular personnel meeting with their employee in closed session, open session.  Ms. Howard recommended that for accountability purposes that if there is to be no dialogue with the Town Manager in a level of directional matter, the Board needs to question its own existence.  Jeanna Howard asked if the Board would consider bi-annual retreats with the Town Manager to pursue directions with the Town Manager.  

Richard Billman noted that there is a motion on the floor.  Ms. Howard said she felt this is part of this agenda as it is part of the policy that is being addressed at this time.  Mr. Billman pointed out that the Board is adopting or not adopting the policy.  Ms. Howard asked if within the policy can there be things added or delete things.  

Dave Richards stated that he had two comments to make regarding the policy.  Mr. Richards said that under Item G (page 3) states that members of the public that wish to place items on the agenda must have a sponsor from the Town Board.  Mr. Richards asked that the Town Manager be included as a sponsor for any public person placing an item on the agenda.  In this case the agenda item would state both the member of the public and the sponsoring Town Board member or Town Manager.  There was some time taken to clarify the policy.
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Cristina Hinds explained that there is a place for the Town Manager to place items on the agenda.  Item G refers to members of the public placing items on the agenda.  

Paul Willis withdrew his second to the motion.

Mr. Richards noted that he had other issues to address as well with regard to the liaison to the Town Manager.  Dave Richards pointed out that a copy of NRS 288.220 was included in the back up and that sentence 4 enables a governing body to meet with its management representative without holding an open or public meeting.  This is an NRS which has not been utilized.  Dave Richards stated that if the Town Board is willing to use this NRS to talk about operational issues and communication, in that it will improve communications with the Town Board, there can be a meeting every meeting if the Board wishes.  

Jeanna Howard asked what the drama has been related going into closed session.  Ms. Howard noted that it was her understanding was that the only option was that it had to be posted in an NRS form with the terminology by statute which had to say to go into closed session due to potential misconduct, etc.  Jeanna Howard said she always felt that to be a problem.  Ms. Howard complimented Mr. Richards for presenting this and appreciates that he has been trying to find some resolve to where it is not offensive and accusatory to conduct business.  For clarification, Jeanna Howard stated that there is an NRS that will allow for terminology to be placed on the agenda to formulate an agenda item to allow a closed session without alluding to misconduct.  Mr. Richards added or competency or mental health.  Dave Richards noted that this is not something that needs to be in the Town Board policy.  

Cristina Hinds said there were two different issues; what is going on with the Town which does not require any notice; performance problems would fall under this section of NRS 288.  

Ed Bishop asked Ms. Hinds if the Board goes into a meeting with Mr. Richards to discuss what is going on in the Town, that’s okay.  Mr. Bishop added if the Board goes into a meeting to discuss with Mr. Richards and a deliberation of what the Board would like to go on, then the line is crossed and it must be on the agenda.  Mr. Hinds agreed with Mr. Bishop.  Mr. Bishop noted that it would be a face to face Town Manager’s Reports.  Ms. Hinds agreed that it is all it can be.  

Laurayne Murray said it could not be appear to be performance evaluation or goals and objectives, or project issues or concerns.  Cristina Hinds said that issues of concern would have to be on a different agenda.  

Dave Richards pointed out that there is a provision in his contract that calls for an annual performance evaluation.  Mr. Richards stated his anniversary date is January 19.  Due to the fact that no evaluation has taken place in the past 11 months and 3 weeks is not the Town Board’s fault.  It is not time to do an evaluation.  Dave Richards added that there is a form provided to the Town Attorney and will be provided to the Town Board for comments, adjust and amend as

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necessary.  Mr. Richards said he then would like to have and performance evaluation conducted by the Town Board.

Jeanna Howard asked if based on his policy, is Mr. Richards making more now than he was then and that even though a performance evaluation has not taken place, there has been a salary increase.

Ed Bishop noted that this issue is not related to this policy at this time.

Dave Richards asked for permission to address the evaluation because it is part of this policy discussion.  Mr. Richards noted that it is to create a performance evaluation and to distribute the evaluations to the Board and to meet with the Town Manager to discuss the evaluation and make recommendations for pay increases if appropriate under the Town Manager’s contract.  Dave Richards asked that the provision in this policy relating to that be approved as it is necessary.  The motion was to delete that section in the policy.  Mr. Richards suggested that there is no need for liaisons to meet once a month with the Town Manager to discuss projects, issues, questions and concerns (#5).  Dave Richards added that the entire Board can meet every meeting if they like, closed session, to discuss projects, issues, questions and concerns as long as it is not related to his professional competency or mental health.  Mr. Richards stated he has no objections is doing that.  Dave Richards asked that the Board approve that portion of the policy.  Mr. Richards pointed out that items 1 – 4 are necessary in the policy for his success and the success of the Town Board as well.  Dave Richards stated that he has asked the Board for goals and objectives since the first week he began as Town Manager.  The meetings with Beller and Associates were less than productive, Mr. Richards stated; which was his effort to get the Town Board to develop goals and objectives for the Town Manager.  It did not happen.  

Paul Willis said it would make him comfortable to be involved in creating the performance evaluation.  

Laurayne Murray said her point is she would like to see the function of the liaisons being the clerical preparation of documents, etc.  If there is a better way, she would be open to it.    Ms. Murray said she does not want it totally removed either but does not want it limiting any participation by any Board member in how the relationship with the employee can be better managed.

Cristina proposed a whole new section be proposed to the policy.

Ed Bishop Motioned to approve the Pahrump Town Board 2004 Policy with the following changes: under item E, Liaisons, everything from the second, third, fourth and fifth paragraphs be removed from this section: that we create a new section that would be Section O to include items 1 – 4 under the current Town Manager Liaison description and would include the last paragraph. The heading to be Town Manager Evaluations: this would include creating a performance evaluation, distribute the evaluation to the Board, meet with the Town Manager to
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discuss the evaluations, make recommendations for pay increases as appropriate; and the paragraph that stated nothing in this section prohibits the majority of the Board members meeting with the Town Manager.  (Item O)  Under Item G, 3rd paragraph, add or Town Manager.  Jeanna Howard seconded the motion.

Bill Gursh commented that it is apparent that the Town Manager is not reporting to anybody.  Mr. Gursh added that as a public official he has to be accountable to somebody; if not, can him.  Richard Billman noted that this is an effort to establish more communication between the Board and staff.  

Vote passed 5 – 0.

DISCUSSION, ACTION AND DECISION REGARDING APPOINTMENT OF MEMBERS TO THE PAHRUMP VALLEY AIRPORT MASTER PLAN AND ENVIRONMENTAL BASELINE STUDY TECHNICAL ADVISORY COMMITTEE AND REQUEST A LETTER BE SENT TO THE COUNTY COMMISSIONERS TO ALOW COUNTY EMPOLYEES TO SERVE ON THE TECHNICAL ADVISORY COMMITTEE

Charlie Gronda explained that the Town received a grand for an airport planning study.  Included in the grant was the requirement that an Airport Technical Advisory Committee be formed.  Mr. Gronda requested that the following people be included on this committee: Laurayne Murray, Town Board; David Richards, Town Manager; Michael Sullivan, Town Finance Director; Patricia Cox, Nye County Commissioner; Samson Yao, Nye County Public Works Director; Ron Williams, Nye County Planning Director; Dr. James Marble, Nye County Director of Natural Resources; Bat Masterson, Regional Planning Commission; Darrel Baldwin, Calvada Airport Representative; Henry Neth, Private Pilot; Rob Roberts, Rotary Club; Steve Balint, Chamber of Commerce; Bill Matheson, Valley Electric Association; Allan Parker, Pahrump Valley Community Action Team; Anna Wharton, Bureau of Land Management; Elisha Novak, Federal Aviation Administration; Trent Moyers, Nevada Department of Transportation; and Charlie Gronda, Volunteer Airport Planning Director.

Richard Billman asked if these people have been asked.  Mr. Gronda replied that they had and the only changes may be with representatives at the State and Federal level.  If changed are made to those assigned, Mr. Gronda said he would bring it back to the Board as all meeting will be run in accordance with the Open Meeting Law and all meeting will be open to the public.

Charlie Gronda noted that there will be four public hearing associated with this committee as listed in the grant process.  

Richard Billman asked if the agenda item deals with the advisory committee at this time.  Mr. Gronda agreed and includes the letter of permission from the County to use County employees.

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(Jeanna Howard left the building at this time.)

Paul Willis Motioned to approve.  Ed Bishop seconded for discussion.

Ed Bishop asked how long the study period was to last.  Mr. Gronda replied that this process began one and a half years ago with the receipt of the grant.  Charlie Gronda noted that approximately $60,000 has been used from the grant and anticipate this project will go on another two years.  Mr. Bishop pointed out that the grant states that the committee will meet four or five times during the study period but does not state how long the study period is.  Charlie Gronda said he is unsure of how often they may meet with the committee providing information to Aries Consultants.  The package will come before the Town Board upon completion.

Paul Willis asked if any other resources will be utilized other than what is outlined in the contract and to fulfill the requirements of the grant.  Charlie Gronda agreed.  

Art Jones commented that his close acquaintances use helicopters to bring business to Pahrump; the Town is going to end up paying some money for this project; the Town was hoodwinked once before; and it looks like it is going to happen again.  Mr. Jones noted that the good ol boys want a place for their toys.  Art Jones asked if those from the County will be paid.  Paul Willis replied that it would be the pleasure of the County Commissioners if they would be paid or not.

Charlie Gronda added that the County needs to be included and have included all those with pertinent information for this project and others.  

Robert Smith commented that he lives in the area of the proposed airport and will not allow an airport at this proposed site.  

Yvonne Smith commented that she lives in the area also and does not recall any questionnaire regarding how they felt about planes flying over.  Richard Billman responded that this airport project is still in the early stages and believes that residents all over the valley will be contacted at a future date for an opinion.  

Charlie Gronda noted that all the meetings will be open to the public as well as the public hearings where the community will be allowed to comment.  The process needs to begin so that there will be answers for the questions when the public hearings are held.  Mr. Gronda noted that there are no houses within 2.5 – 3 miles of the area being looked at.  

Jim Petell asked how many negatives were on the charts from the Master Plan open houses concerning the placement of an airport.  Mr. Gronda said that only a handful had an opinion.  

Jim Petell stated that there was no inquiry about the area being an airport.  Mr. Petell spoke of concerns regarding water run off.  Jim Petell suggested asking Aries Consultants if it is even feasible to put an airport in the location due to it being a dry lake bed.  
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Jim Petell stated for the record that he does not thing Henry Neth should be appointed to this committee as he has not done a thing for the community as a pilot.  Mr. Petell suggested using someone that knows how to fly and who will do the right thing for the community.  

Art Jones commented that he thought an ad was to have gone out for membership on this committee.  Laurayne Murray replied that it was discussed for other committees, not this particular committee.  

Mr. Gronda noted that the site is in a high area and not in a flood area.  The lake bed is approximately 5 – 6 miles south of the proposed site and one approximately 10 miles north.

Vote passed 4 – 0.  Jeanna Howard was not present for the vote.

DISCUSSION, ACTION AND DECISION REGARDING RESOLUTION TO NYE COUNTY COMMISSIONERS FOR RECOMMENDATION OF AN EDEN (ECONOMIC DEVELOPMENT FOR ESMERALDA AND NYE) RESPRESENTATIVE AND RECOMMENDATION TO FILL VACANCY

Ed Bishop stated he requested this item be placed on the agenda.  Mr. Bishop explained that when EDEN was first set up and the Town became a member of EDEN, the liaison and voting member was a Town Board member.  Ed Bishop noted that at the expiration of the Town Board member’s term they allowed that person who is now a private citizen to remain as voting representative of the Town.  Mr. Bishop pointed out that during the two years this person remained on EDEN; the Town Board never received a report about EDEN.  Ed Bishop commented that if the Town is going to support and actively be a member of the economic development group he feels the Town needs a representative that has voting authority and can and will bring reports back to the Board.  

Ed Bishop Motioned that the Town Board adopt Resolution #2005-03.  Laurayne Murray seconded the motion.  

Vote passed 4 – 0.  Jeanna Howard was still absent for this vote.

Mr. Bishop pointed out that the liaison to EDEN, because it is a County wide and multi county group, is appointed by the County Commission.  Ed Bishop noted that a recommendation needs to be sent regarding the liaison be sent to the County Commission for a vote.  Mr. Bishop requested that he be made the liaison.  

Laurayne Murray Motioned to send a recommendation to the County Commissioners with this Resolution to nominate Ed Bishop as the Town Board representative to EDEN.  Paul Willis seconded the motion.


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Dave Richards asked if there was a recommendation for an alternate.  Ed Bishop recommended Laurayne Murray.  Mr. Richards asked that it be included in the motion.

Laurayne Murray restated the Motion that the Town send a recommendation to the County Commissioners, along with Resolution #2005-03, to have Ed Bishop be the Town Board representative to EDEN and Laurayne Murray as the alternate.  Richard Billman seconded the motion.

Vote passed 4 – 0.  Jeanna Howard was absent for this vote.

Ed Bishop asked that Commissioner Cox (in attendance) have this item placed on the earliest possible agenda and to let Mr. Bishop know when that will be.

APPOINTMENT OF ADVISORY BOARD LIAISON POSITIONS

Richard Billman explained that he is making the appointments and stated that anyone that feels they do not like the position or capable of handling that position that someone else can be reappointed.    (See Attached List for appointments.)

Patricia Cox commented that at previous meetings it was discussed having two appointed liaison of the Town Board to work with two liaisons from the Commission.  Ms. Cox reported that the Commission appointed Ms. Cox and Commissioner Carver along with the Town Manager and County Manager to allow them to work closely on issues to bring back to their respective Boards.  Patricia Cox asked if Mr. Billman wished to appoint those at this time.  Cristina Hinds stated that appointments fall under this category.  

Mr. Billman appointed Laurayne Murray and Paul Willis to this Committee as well as Mr. Richards.

DISCUSSION, ACTION AND DECISION REGARDING ACCEPTANCE OF WATER RIGHT BID

Dave Richards explained that one bid was received for 10 acre feet at $2,000 for each foot.  Mr. Richards stated it was his recommendation that the Board accept the bid and authorize the Town Manager and the Town Attorney to execute any documents to accomplish that purchase.  

Ed Bishop Motioned to accept the bid as stated.  Richard Billman seconded the motion.

Richard Billman clarified that this will be a $20,000 item.

Ed Bishop asked if these water rights had been assigned to any specific location and confirmed that they would be the property of the Town to be used where deemed necessary.  Mr. Richards replied that the statement was correct.  
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Vote passed 4 – 0.  Jeanna Howard still absent at this time.

DISCUSSION, ACTION AND DECISION REGARDING REQUST FOR PERMISSION TO PROCEED WITH REFURBISHMENT OF 1989 E-ONE HUSH ENGINE - $120,000

Dave Richards explained that the engine referred to was acquired in 2003 from Clark County for $250.  Mr. Richards stated that within the last three months it has been sent out to be reviewed for refurbishment from the manufacturer.  The manufacturer provided a quote of $120,000 to refurbish this pumper and bring it up to NFPA standards.  Dave Richards said that the extent of the refurbishment is listed in the back up.  Mr. Richards said it was recommended that the Board approve the refurbishment of this engine at a cost not to exceed $120,000, delivered to our door.

Paul Willis Motioned to approve.  Ed Bishop seconded the motion for discussion.

Paul Willis asked why this was not acted upon sooner.  Dave Richards replied that there was an attempt by staff to determine the necessary repairs and an attempt to accomplish some of those repairs.  It was noted during the tour of the facilities by the PVFRS Task Force that this engine was in the possession of the Town and it was Mr. Richards’s recommendation to pursue professional refurbishment.  Dave Richards noted that there was an hones attempt by staff to make the repairs in house but appeared money better spent to have it brought up to current standards.  

(Jeanna Howard returned at this time.)

Vote passed 5 – 0.

DISCUSSION, ACTION AND DECISION REGARDING RESOLUTION #2005-01 AUTHORIZING ISSUANCE OF $375,000 DEBT FOR PURCHASE OF ELEVATED FIRE EQUIPMENT APPARATUS

Dave Richards noted that it appears that this item has been before the Board before on a number of occasions.  Mr. Richards explained that the process was outlined by the bond counsel and have not had any more meetings that were necessary for this item. Dave Richards noted that bids were accepted for financing for this vehicle.  The winning bid was from First Municipal Leasing Company with an interest rate of 4.065 for the ten year term.  The specifications were that there be no origination fee, no prepayment penalty with 10 days written notice and the note will not be collateralized by the vehicle as recommended by the bond counsel and concurrence of our Finance Director.  This debt has been previously submitted and approved by the Nevada Department of Taxation.  Mr. Richards explained that the Town will be increasing their outstanding indebtedness by $375,000 from $212,663, which represents the remaining balance of the outstanding USDA loan that is payable through the year 2011.  Dave Richards explained that the Resolution is recommended for approval with the recognition that the Town Manager and the Finance Director be authorized to execute the documents on the Town’s behalf.  
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Ed Bishop Motioned to adopt Resolution #2005-01.  Richard Billman seconded the motion.

Vote passed 4 – 0 – 1.  Laurayne Murray abstained in this vote due to lack of participation in previous meetings regarding this item.

FIRST READING 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

Ed Bishop read the title as follows:  

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

TITLE:    AN ORDINANCE PROVINDING 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 AND PRIOR ORDINANCES; SEVERABILITY; EFFECTIVE DATE; AND OTHER MATTERS PROPERLY RELATING THERETO.

Jeanna Howard would respectfully request that the audience receive copies of the ordinance to become informed.  Ms. Howard stated that the Town Board is not voting on supporting or taking away their option to change their level of government, or scope of township.  Jeanna Howard noted that this is the first reading and a vote will come into play following the third reading.  

Dave Richards commented that he asked that this ordinance be drafted and provided input into its language.  Mr. Richards stated he thinks this is an appropriate reaction to the effort underway to incorporate a portion of the Town that includes the heart of the Town of Pahrump.  Mr. Richards said he felt this to be a reasonable response to an effort to acquire almost all of the Town’s properties.  If the incorporation is successful all of the Town’s properties that are contained within the incorporated area boundaries are subject to condemnation and eminent domain.  Dave Richards stated that if the City of Sunrise is successful in making the Town of Pahrump go away, as quoted in the newspaper, he is not sure there will be any eminent domain process if there is no Board to represent the Town, there is no one to offer a fair market value for the property under question.  Mr. Richards said he thinks the residents need to understand what properties would be included.  Dave Richards noted that there are approximately 19 properties that the Town owns that will be included in the boundaries of the incorporated area.  Mr. Richards said he warned members of the Board previously about this.  Mr. Richards pointed out that the Nye County/Pahrump Fairgrounds and Recreation Complex would also be included.  Dave Richards said he has worked hard at getting funding through PETT for development of the fairgrounds.  That property is subject to condemnation and eminent domain.  Mr. Richards named the other properties affected.  Dave Richards said it was an outrage that the Town should
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stand by and let an incorporation effort be attempted that would take the Town’s property and suggest that the Town of Pahrump should just “go away.”  Dave Richards said he is not going to go away and hoped that the Board considers this ordinance seriously.  Mr. Richards said there will be comments about whether it is constitutional or legal or meaningless.  Dave Richards suggested that the Town Board let the attorneys decide and that the Board take a stand against the incorporation by doing that with this ordinance.  Mr. Richards said this appears to be the only legal recourse available.  However, there is political recourse.  Dave Richards stated that this will make a statement to everyone that the Town Board is viable and not going to lie down and let this incorporation take place and rob the residence of the Town of Pahrump and their properties.

Jeanna Howard asked Cristina Hinds to look into whether a portion of the community is incorporated that the Pahrump Township disappears and would it be engulfed into the County.  Ms. Howard clarified that she was referring to Pahrump, the government itself.  Jeanna Howard declared that she would take no action for or against incorporation based on the fact that it is up to the constituents to decide.  

Richard Billman pointed out that the current incorporation effort does not involve the citizens of the community. It is being attempted by doing the “end around approach” and going directly to the legislature.  Mr. Billman said he understands that if they are successful in this incorporation it will take place in a few short months, and as early as July, 2005.  Richard Billman stated that the Town would not have any say in the matter.  

Jeanna Howard continued that she will declare that if it is proven and fact that the community does not have a say in the change of the government she will then fight against it.  Ms. Howard said it is up to the community to decide.  Jeanna Howard stated she does not support a resolution that stops this constituency from changing their level of government, or format of government.  

Ed Bishop said it was his personal opinion that when the Town Board was elected they were elected to protect, defend, create, establish, and improve the community.  Mr. Bishop said he believes the Town Board needs to take an active anti-incorporation stance on this issue because they are not including the whole community.  Ed Bishop stated that if this incorporation succeeds, they are destroying the community that he was elected to help protect.  Ed Bishop stated he is absolutely against this incorporation effort in the back door way they are trying to put it through.  

Paul Willis stated he wholehearted supports this ordinance and applauds Dave Richards for taking a stand on it.  Mr. Willis said he believes that the Town Board is entrusted with the trust of the Town of Pahrump and feels is a hostile act that is perpetrated on the Town.  Paul Willis noted a select few that may get to vote and the rest have to stand by and let the destiny of the rest of the community be determined by them.  Mr. Willis stated that he supports this ordinance and hopes everybody else does.  Paul Willis explained that this has been before the vote of everyone before and has been turned down.  If they want to try again they should do it the right way.  Mr.

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Willis said the Town Board is entrusted to defend the Town of Pahrump and its constituents and citizens.

Jeanna Howard agreed with Mr. Willis in one regard.  If the constituency says they are for the ordinance and wants this ordinance is place it is her job to support that consensus.  Ms. Howard stated that based on that, she would support the ordinance.  Ms. Howard said she does not want people supporting incorporation because they have issues with the Town Board and want to see it dissolved and/or against it because they have issues with the County government.  Jeanna Howard said she is angered because people are saying the voice should only be the people in the incorporation area.  Ms. Howard explained that the incorporation impacts the outlying area also.  

Paul Willis said it is a challenge for the Town Board that they have thrown down the gauntlet and it is for the Town Board to rise to the occasion.  It is time for the Town Board to step up.  

Tonya Metaska commented that she was in favor of the Town Ordinance #46.  Ms. Metaska said she commends the Town Manager for bringing this to the Town Board.  Tonya Metaska said she hopes all the Board will vote for it and do it as soon as possible.  Ms. Metaska explained as it was explained to her that if a Bill is submitted in the legislature it is out of the hands of the community except for those that live in Sunrise City.  It is very important for this Town Board to make their opinion known to the State Assemblyman (Rod Sherer), and everyone in the audience that is opposed to this particular form of incorporation known to Rod Sherer, it will be on the way to stopping the whole process.  Tonya Metaska noted that in the middle of February there are no more Bill Drafts, making the window of opportunity one month.  Ms. Metaska explained that she has started a petition that is modeled after the wording in Ordinance #46.  

Jeanna Howard suggested that any correspondence include the Senators in the distribution.  

Harley Kulkin commented that he spoke with Mr. Lorrin Peterson who is involved with the corporation effort and asked him if the people will be allowed to vote.  Mr. Kulkin said he was assured the people will be able to vote on whether or not to incorporate, but the facts seem to be different.  It seems they prefer to have the charter passed through the legislature.  Mr. Kulkin said there are studies being done on financial issues and has not yet been provided.  Mr. Kulkin said he was refused a copy of the incorporation charter.  Harley Kulkin stated that the Ordinance may good if you live in the area.  Mr. Kulkin expressed his concerns regarding incorporation and his plans for the future.  Harley Kulkin said the Board should invite Rod Sherer to speak on the subject as Mr. Kulkin said there is no Bill Draft Request (BDR) put in.  

Jeanna Howard commented that Rod Sherer has assured the community that he will not sponsor the BDR unless he knows the people have a vote.  It comes down to interpretation on what can be voted on.  Ms. Howard noted that it took several efforts to get a copy of the incorporation charter.  Jeanna Howard asked that the charter be posted on the Town website for access.  


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Paul Willis stated that the incorporation effort is putting a lot of pressure on Rod Sherer to further their can so the Town Board should do the same.  

Yvonne Smith commented that she applauded the Board for agreeing with the way people voted previously when this issue was on the ballot.  Ms. Smith said if this is going to be done it should be done for the entire Town.  

Jim Petell commented that he understands that when E.A. Collins came to build Mountain Falls, his backdrop was to create Sunrise City.  

Jeanna Howard added that there will be public meeting outside the Town Board to address this matter on specific information to allow people to evaluate it accurately.  

Jim Petell named some people he felt were involved in the incorporation effort.  Mr. Petell said he talked to a legislative attorney, Tom Lyden, and was told the BDR will go through the legislature, the legislature will vote it in and the 13,000 people have a vote.  The rest of the Town will be gone and so will the Town Board.  Mr. Petell said the Town Board should support the effort and find out who is behind the skullduggery as it will take the heart of Pahrump and the County will take over the rest.  

Jeanna Howard said she would like to challenge the people behind the incorporation effort that are not being presented in the forefront.  Ms. Howard said she knows no more than who is involved with this effort than the public does, although it has been eluded to that there are some heavy hitters involved.  Ms. Howard said she challenges those people to come out and testify to whatever it is and the reason is and that they support it.

George Gingell said he supports the Town Manager on the Ordinance to gut the Town.  Mr. Gingell commented that the boundary goes down the center of his road and asked if he goes to the County for one half and the City for the other.  George Gingell commented on the taxes that have been paid for Town services.

George Metaska commented that he would like to urge everyone to help get the petition out and get signatures so they may be passed on to the legislature.  

Dave Richards noted that in the interest of communication and correct information the Town Board was provided back up consisting of five pages of opinion and research from the Town Attorney.  There is no other information for her to research.  Mr. Richards stated that if there are questions regarding the process and the eventual impact on the Town of Pahrump, it is contained in the backup.  There is other backup which included documentation of the impact that the incorporation would have on the Town of Pahrump.  This information is public and is not confidential and available to the public.  Dave Richards said he is pretty confident that the information that was provided, and was used as a basis for drafting the ordinance.  The ordinance is factual and lays out the effects on the Town of Pahrump quite accurately.  There is little left to
Pahrump Town Board Meeting
January 11, 2005

discuss other than the properties that will be taken from the Town.  The information will not be on the website but can be picked up at the Town Office.  

Jeanna Howard asked why is cannot be on the website.  Mr. Richards said he would talk with the webmaster.  

DISCUSSION, ACTION AND DECISION REGARDING TOWN BOARD RETREAT

Jeanna Howard asked that the Board approve a Town retreat.  Ms. Howard stated she spoke with the Town Manager and he concurs that this is a good idea.  Jeanna Howard asked that this idea be revised that it would be a bi-annual retreat and written into the Town Board Policy.  This will address what was discussed about being able to talk about the Town Manager, his review, etc.   The original can be for discussion and production.  The follow up retreat could be to see what sort of resolve were brought to the issues.  

Jeanna Howard asked Mr. Richards if there is a preference of when this retreat might happen, February 5 or February 12.  Dave Richards replied that he does not have a conflict.  Mr. Howard then asked the Town Board members regarding availability for either of the dates which are both Saturday.  

Cristina Hinds asked if this would be noticed as an open meeting.  Mr. Howard replied that it would not. Ms. Hinds said she felt unsure if all the things mentioned could be accomplished.  Ms. Howard stated that she does not want to breech open meeting laws that this would be for a collective voice for dialogue with the Town Manager and any kind of action would come back to a Town Board meeting.   

Ed Bishop noted that it is a fine line between strategic planning and deliberating toward a decision.  Jeanna Howard reiterated that she would want to take no action and only ideas being developed to be brought to the agenda.  Richard Billman asked if this was discussed and that this type of meeting could be held before or after any Town Board meeting.  Cristina Hinds replied that the Board can meet with its management representative at any time.  

Ms. Howard asked if it was the opinion of the Board that there is no nee

 


Backup

There is no backup posted for this meeting.