Agendas & Minutes


January 12, 2010

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
JANUARY 12, 2010
 

 


Agenda



1.    Call to Order and Pledge of Allegiance.

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

3.    Discussion and possible decision regarding election of Town Board Chairman, Vice Chairman and Clerk.  (Action)

4.    Presentation of awards to Branding winners from Pahrump Tourism and Convention Council and Town of Pahrump.  (Non-Action)

5.    Presentation  and briefing by State Senator John Lee, Chairman Government Affairs Committee.  (Non-Action)


6.    Advisory Board Reports, from Advisory Board Chairpersons and/or Town Board Liaisons on the status of Advisory Boards. (Non-Action)

7.    Town Manager Report. (Non-Action)

8.    Town Board Member’s Comments. (Non-Action)

9.    Discussion and possible decision on directing staff to send a letter to the Nevada Public Utilities Commission objecting to the Utilities Inc. rate increase and all matters related thereto. (Action)

10.    Discussion and possible approval of the purchasing of Omni (Organic Compost) 244 cubic yards at $22.10 per yard and Gypsum 313 bags (40 lbs.) at $2.68 per bag for Honeysuckle and Petrack Parks, not to exceed $6,500.00.  (Action)

11.    Discussion and possible decision of ratifying the costs for emergency repairs to Pahrump Valley Fire & Rescue tower ladder 2 in the amount not to exceed $25,000. (Action)

12.    Discussion and possible decision on amending Pahrump Town Ordinance #29 (PTO #29 - Town of Pahrump providing for a fire department and amendments as approved) and providing for other matters properly relating thereto.  (Action)

13.    Discussion and possible decision on Approval to Transfer Ambulance Fund Delinquent Accounts for August - December, 2009 for Further Collection and Related Accounting Adjustments. (Action)

14.    Discussion and possible decision Consent agenda items: (Action)

a.    Action – approval of Town vouchers
b.    Action – approval of Town Board meeting minutes of December 8, 2009
c.    Action – approval of resignation of Paula Gibson from Fall Festival Arts & Crafts Sub-committee.
d.    Action – approval of Mr. C. Beer and Mr. R. Baker to the Pahrump Veteran’s Memorial Advisory Board to serve a two year term.

15.    Future Meetings/Workshops: Date, Time and Location. (Action)

16.    Public Comment. Action may not be taken on matters considered during this period until specifically included on an agenda as an action item – NRS241.020 (2)(C)(3). (Non-Action)

17.    Adjournment.


A quorum of Advisory Board members may be present at any Town Board meeting but they will not take any formal action.

Any member of the public who wishes to speak during public comment or on an agenda item, at the appropriate time, will be limited to three (03) minutes.

Any member of the public who is disabled and requires accommodations or assistance at this meeting is requested to notify the Pahrump Town Office in writing, or call 775-727-5107 prior to the meeting.  Assisted listening devices are available at Town board meetings upon request.

This notice and agenda has been posted on or before 9:00 a.m. on the third working day before the meeting at the following locations:
 
PAHRUMP TOWN OFFICE, COMMUNITY CENTER, TOWN ANNEX, COUNTY COMPLEX, FLOYD’S ACE HARDWARE, CHAMBER OF COMMERCE




 

 


Minutes


PRESENT:
    Town Board:    Nicole Shupp
              Bill Dolan
              Vicky Parker
              Frank Maurizio
              Mike Darby
    Staff:        Bill Kohbarger
            Bret Meich, Attorney
            Michael Sullivan
            Matt Luis
               
1.    Call to Order and Pledge of Allegiance.
Chairman Nicole Shupp called the meeting to order and led in the pledge of allegiance.

2.    Discussion and possible decision regarding moving the order of, or deleting an agenda item(s). (Action)
Vicky Parker motioned to move Item #10 (Discussion and possible approval of the purchasing of Omni (Organic Compost) 244 cubic yards at $22.10 per yard and Gypsum 313 bags (40 lbs.) at $2.68 per bag for Honeysuckle and Petrack Parks, not to exceed $6,500.00.) to follow Item #2.  Bill Dolan seconded the motion.

Vote passed 5 – 0.

3.    Discussion and possible decision regarding election of Town Board Chairman, Vice Chairman and Clerk.  (Action)
Mike Darby made a (motion) nomination for Chairman, Frank Maurizio.  Frank Maurizio seconded the motion.

Vote failed 2 - 3. Bill Dolan, Vicky Parker and Nicole Shupp voted nay.

Vicky Parker motioned to nominate Nicole Shupp as Chair.  Bill Dolan seconded.

Vote passed 3 – 2.  Mike Darby and Frank Maurizio voted nay.

Vicky Parker motioned to nominate Bill Dolan as Vice Chair.  Bill Dolan seconded.

Vote passed 3 – 2.  Mike Darby and Frank Maurizio voted nay.

Bill Dolan nominated Vicky Parker for Clerk.  Vicky Parker seconded.

Vote passed 5 – 0.  

4.    Presentation of awards to Branding winners from Pahrump Tourism and Convention Council and Town of Pahrump.  (Non-Action)
Vicky Parker, Pahrump Tourism and Convention Council Liaison read the names of the branding contest winners.  
        First Place – Tisha Dotters            Sunny Days with Western Ways
        Second Place – Marilynn Bumgardner    A Little Antique But Very Unique
        Third Place – Robyn & Jordon Wichael    The Diamond of the West

The Honorable Mentions were also announced.

5.    Presentation and briefing by State Senator John Lee, Chairman Government Affairs Committee.  (Non-Action)
State Senator John Lee, Chairman of the State Government Affairs Committee for Southern Nevada.  He is Chairman of a committee overseeing local governments, water districts, and things that affect the way business here is run.  Senator Lee stated that many communities are getting bigger and he will start paying more attention to them.  Pahrump is becoming a serious growth area and the legislature needs to be able to understand what is going on in the community.

Senator Lee said he knows a lot about Pahrump, having done work at the Middle School and others.  He said he knows the people that live here are very patriotic people and hard working.  He also said he has seen the many changes taking place.  

His reason for coming was to find out the thoughts and feelings of the City Council (Town Board).  Senator John Lee acknowledged Pahrump’s representation in Carson City; Ed Goedhart, Mike McGuiness, and the League of Cities.  The Town must bring things to the State; they do not reach to get things. If there is something important to the Town we must bring important things to him so they can be heard.  

The State level does three things, educate, medicate and incarcerate.  Senator Lee noted that things are tight at the legislature and will be having a special session to help keep the State afloat.  They are working on home rule changes.  There are things that will be tested in the community.  Charter committees were discussed.  He also encouraged everyone to answer their Census questions as it will bring dollars into Nevada.  It could also bring another Congressional seat to Nevada, all based on Census numbers. It is important that Nye County be present during the selection of districts.  Pahrump could also end up with another Assembly seat, based on population.  Pahrump should keep an eye on the redistricting.  

The Senator said he understands the passion of Pahrump.  He asked the Board if there was anything the Board had concerns with.  He said he understands about the mineral rights and oil wells.  The State refuses to give up those dollars.  We must keep the State afloat and once past this position the cuts that were made were sunseted and they will be returned.  

Mike Darby said he enjoyed the fact that the Senator gave him his card and asked about some of the 501 things that went through during the legislative session.  Mr. Darby said he will email comments and questions regarding the 501 things directly to the Senator.  Frank Maurizio thanked the Senator for coming.  Senator Lee noted that Mr. Maurizio asked about some Federal issues that the State cannot control.  Mike Darby noted it was unusual that a Democrat is involved with gun rights issues. Senator Lee talked about a shooting range and will support it if it comes before him. Bill Dolan said he would keep in touch regarding future issues and thanked the Senator for his presentation.  Vicky Parker also thanked the Senator and invited him back.

6.    Advisory Board Reports, from Advisory Board Chairpersons and/or Town Board Liaisons on the status of Advisory Boards. (Non-Action)
Frank Maurizio reported that the Parks and Recreation Advisory Board had their meeting on December 21; the Incorporation Advisory Board discussed the coming feasibility study at their last meeting.

Bill Dolan reported that the Fall Festival Executive Board will be meeting on January 18.  Also, the Pahrump Veteran’s Memorial Board will be meeting at the cemetery with the new members.

Vicky Parker reported that the Tourism Board would be meeting on Thursday, at 7:00 a.m. at the Annex.  

7.    Town Manager Report. (Non-Action)
Bill Kohbarger announced that there will be a special Town Board meeting held on January 19, at 7:00 p.m. at the Community Center to discuss the Incorporation feasibility study report.

Vicky Parker asked if a representative from EPS will be attending.  Mr. Kohbarger said Mr. Berkson would be attending to answer any question the Board may have.

Mr. Kohbarger asked if Dan Rodriquez of the Pahrump Chamber could speak.  There were no objections from the Board.

Mr. Rodriquez announced that a Chamber event will take place the week of October 14 – 17 at Petrack Park called Pahrump Heritage Days.  The goal is to see this become the future of the Fall Festival.  There will be a carnival with Davis Amusements, potential Rodeo events, events leading up to the event include a western hoe down and country music festival, a sidewalk sale that the Chamber members will put on.  It is confirmed.  He hoped that the Town Board would consider that to be the event to replace the Fall Festival from the past.  Many non-profits have expressed interest. The name is Pahrump Heritage Days and Wild West Extravaganza. They are looking for the support of the Town.  

8.    Town Board Member’s Comments. (Non-Action)
Vicky Parker asked that an agenda item for Announcements be placed back on the agenda.  Mr. Kohbarger said he would consult with Council and be placed on an agenda for approval by the Board.

Frank Maurizio asked Mr. Rodriquez if the event could bring back the pit barbeque.

9.    Discussion and possible decision on directing staff to send a letter to the Nevada Public Utilities Commission objecting to the Utilities Inc. rate increase and all matters related thereto. (Action)
Vicky Parker stated that she feels the rate increase by Utilities, Inc. of 78% is egregious and would like the Town Board to direct the Town Manager to send a letter, file a protest or whatever is most appropriate with the Public Utilities Commission that the Town feels 78% is ridiculous.  

Bret Meich, Town Attorney, suggested options the Board may consider. First, the Town may petition to intervene as a party and if granted by the PUC it would give the Town status to appear at all meetings, present evidence with expert testimony.  The deadline for this is January 27.  The deadline also applies to the Town’s notice to be a “Commenter”, to make formal comments and also for the Town to provide written comments.  Mr. Meich said another option is that the Town can appear for the public and voice the Town’s position.  Mrs. Parker asked for an opinion of which would be the best alternative of the three choices.  Mr. Meich explained that petitioning to becoming an intervener would give the most latitude to challenge the evidence, but would be more costly for the Town.  Being a Commenter would allow the Town to submit its position several times. Just submitting written comments would allow a single opportunity to present the Town’s position on the tariff increase.  Bret Meich recommended noticing to become a commenter by the January 27 deadline.  

Vicky Parker motioned that Mr. Kohbarger and legal staff work on making the Town a commenter so the Town can meet the January 27 deadline.  Bill Dolan seconded the motion.

Mike Darby had concerns with the Town taking action against a private entity.  Mr. Meich replied the Town would be making its position known and challenge any evidence supporting the tariff increase.  Mr. Darby suggested that individuals express their feelings and questions the involvement of a government entity getting involved.  

Comments from the public were heard from Bob Irving, Harley Kulkin, Stan Goldsby, Bruce Calley, John Koenig, Dave Stevens and George Gingell.  

Vicky Parker asked that a request for a public hearing in Pahrump be made to the Public Utilities Commission and wished that it be added to her motion.  Bill Dolan seconded the addition.

Mr. Dolan recommended that staff find out the date of the meetings and encourage the Town Manager, Town Attorneys and any Board member to attend the meeting in Las Vegas.  Bret Meich noted that to be present at every meeting the Town would have to be an Intervener rather than a commenter as some meetings are closed to the public.

Vote passed 5 – 0.

10.    Discussion and possible approval of the purchasing of Omni (Organic Compost) 244 cubic yards at $22.10 per yard and Gypsum 313 bags (40 lbs.) at $2.68 per bag for Honeysuckle and Petrack Parks, not to exceed $6,500.00.  (Action)
Mike Darby said Mr. Luis was going to present more information.  Bill Stieve of Gro-well was introduced by Matt Luis to answer questions from the Board.
Vicky Parker noted that instead of spending money, it was suggested the Town should use manure.  Her problem is that this is used where children play and asked Mr. Stieve how safe his product would be.  Mr. Stieve explained that Omni is a biosolid which is sewer sludge that is composted and explained how this process takes place. Mike Darby asked about a tumbling process such as the in a plant nearby.  Bill Stieve noted that if it is properly processed it can be a viable product.  Mr. Stieve noted problems with a product from Amargosa where Boron levels were quite high. Omni will last longer in the soil than manure.  Mr. Darby said he would have to get a Boron level report for the product for comparison.

Bill Dolan motioned to approve the purchase of the Omni Organic Compost, 244 cubic yards at $22.10 per yard and Gypsum, 313 bags, 40 pounds each at $2.68 per bag for Honeysuckle Park and Petrack Park not to exceed $6,500.  Vicky Parker seconded the motion.

Vote passed 3 – 2.  Mike Darby and Frank Maurizio voted nay.

11.    Discussion and possible decision of ratifying the costs for emergency repairs to Pahrump Valley Fire & Rescue tower ladder 2 in the amount not to exceed $25,000. (Action)
Frank Maurizio asked for clarification of an email regarding this apparatus.  Chief Scott Lewis explained the difference of the two companies referred to concerning Advantage Fire Apparatus.  There was dialogue regarding the tower ladder concerning the refurbished equipment and the email received.  Chief Lewis informed the Board of the sequence of events.  

Bill Dolan motioned to approve the cost for the emergency repairs completed on fire rescue ladder 1 (not 2) in the amount not to exceed $25,000.  Vicky Parker seconded the motion.  

Public comments were heard from Donna Cox, Harley Kulkin, Harold Grimauld, Dave Stevens, Bruce Calley, Mike Davis, George Gingell, Art Jones, and Bob Irving.

Chief Lewis explained there is a very extensive maintenance plan on all of the department apparatus due to testing by the State to get certification.  That is how it was determined that there was in issue on this piece of apparatus.

Vote passed 4 – 1.  Frank Maurizio voted nay.

12.    Discussion and possible decision on amending Pahrump Town Ordinance #29 (PTO #29 - Town of Pahrump providing for a fire department and amendments as approved) and providing for other matters properly relating thereto.  (Action)
Mrs. Shupp explained that this was tabled from the December meeting to bring back a redline copy for review.

Mike Darby said there changes to the ordinance in the redline version he did not agree with.  Mr. Darby suggested having public workshops on the ordinance.  He felt it was more than housekeeping. Frank Maurizio said he gave his objections at the last meeting and they still stand. He stated he provided another version of the ordinance. Bill Dolan commented that he has not seen anything from Mr. Maurizio.  

Vicky Parker motioned to amend PTO #29 as provided in the back up.  Bill Dolan seconded the motion.

Mr. Kohbarger explained that the motion should be to publish the PTO.  After publication it will be brought back for approval by the Board.

Vicky Parker amended her motion to publish the title and brief summary.  Bill Dolan amended his second.

Public comments were heard from Bob Irving, Donna Cox, Bruce Calley, and Dave Stevens.

There was discussion with Vicky Parker, Bret Meich, Mike Darby, Bill Kohbarger, and Tim Murray, IAFF Representative concerning the Assistant Chief position, billing, and membership.

Vote passed 3 – 2.  Mike Darby and Frank Maurizio voted nay.

13.    Discussion and possible decision on Approval to Transfer Ambulance Fund Delinquent Accounts for August - December, 2009 for Further Collection and Related Accounting Adjustments. (Action)
Vicky Parker motioned to approve the transfer of delinquent accounts for August through December 2009 for future collection and related accounting adjustments.  Frank Maurizio seconded the motion.

Vote passed 5 – 0.

14.    Discussion and possible decision Consent agenda items: (Action)

a.    Action – approval of Town vouchers
b.    Action – approval of Town Board meeting minutes of December 8, 2009
c.    Action – approval of resignation of Paula Gibson from Fall Festival Arts & Crafts Sub-committee.
d.    Action – approval of Mr. C. Beer and Mr. R. Baker to the Pahrump Veteran’s Memorial Advisory Board to serve a two year term.

Bill Dolan motioned to approve consent agenda items 14 a – d.  Frank Maurizio seconded the motion.

Vote passed 5 – 0.
15.    Future Meetings/Workshops: Date, Time and Location. (Action)
There will be a Special Town Board meeting on the Incorporation Feasibility Study on January 19 at 7:00 p.m. at the Community Center.

16.    Public Comment. Action may not be taken on matters considered during this period until specifically included on an agenda as an action item – NRS241.020 (2)(C)(3). (Non-Action)

Louie DeCanio commented on the mistrust of elected officials.  His concern is with the County Clerk and the way elections are handled.
Harley Kulkin commented that he feels intimidated and harassed by having the Sheriff’s department at the Town Board meetings.
Carolene Endersby Chair of the Steering Committee for Nevada Public Policy Center extended an invitation to the community to participate.
Phil Huff commented on allowing Dan Rodriguez to comment under the Town Manager’s Report agenda item and relayed information regarding the Fall Festival Request for Proposals, noting that the Chamber has no intention of responding to the RFP.
Tom Waters announced information regarding the VITA tax preparation program and provided information regarding his prostate cancer support group meetings.
John Koenig announced that RPC will be discussing a distance requirement for the detention facility at their meeting on Wednesday.  Mr. Koenig also commented on the placement of Public Comment on the Commissioners agenda.
Stan Goldsby invited the Town Board to attend the Youth Mission on Sunday to recognize the Town Board.
Butch Harper talked about his patch program and a program to help children with cleft pallet problems. He will be opening a bank account for donations he has received.
George Gingell commented on his disagreement with comments made by Harley Kulkin regarding harassment.
Sandra Darby commented that our government is not a democracy, it is a republic.
Art Jones commented about fire department and security. Mr. Jones said the deputies being present does not intimidate him and is glad they are here.
Shirley Matson commented on the security at Town Board meetings and feels that the deputies should be seated or have a special area.
Harold Grimauld commented that Bruce Calley did not get his money for his branding ideas.
Donna Cox commented about the police presence at the meetings.
Fred Holm commented on intimidation
Dave Stevens also commented on the police presence.

17.    Adjournment
Meeting adjourned at approximately 9:00 p.m.

Respectfully submitted,



Vicky Parker, Clerk
Pahrump Town Board                                        /cw
 

 


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