Agendas & Minutes


January 24, 2006

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
January 24, 2006

 


Agenda

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

2.    Discussion and decision regarding agenda items.

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

4.    Discussion and decision regarding the transfer of three (3) Chief Tecopa Cemetery plots to the Pahrump Valley Museum and Historical Society.  Harry Ford/Town Manager

5.    Discussion and decision regarding a proposal from Civil Wise Services for Calvada Unit 14 boundary certification. Town Attorney/Town Manager

6.    Discussion and decision regarding proposals for collection of delinquent ambulance service accounts. Fire Chief/Town Manager

7.    Discussion and decision regarding PVFRS staffing proposals. Fire Chief/Town Manager

8.    Discussion and decision regarding an ordinance to restrict the residences of sex offenders. Paul Willis/Town Manager

9.    Town Manager’s report

10.    Advisory Board reports

11.    Consent Agenda Items

A.    Action - approval of Town vouchers.
B.    Action - approval of Town Board meeting minutes of December 13, 2005.
C.    Action - approval of Town Board meeting minutes of January 10, 2006.
D.    Action – approval of Advisory Board memberships for 2006
E.    Action – approval of 72 hour liquor permits for United Way of Pioneer Territories; and Pahrump Valley Chamber of Commerce for 2006.

12.    Adjournment

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

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

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

 


Minutes

PRESENT:                    ABSENT:
Richard Billman
Laurayne Murray
Ron Johnson
Paul Willis
Ed Bishop

CALL TO ORDER

The meeting was called to order at 7:04pm and the Pledge of Allegiance was recited. Welcome was made to all in attendance.

DISCUSSION, ACTION AND DECISION REGARDING AGENDA ITEMS
Item # 7 was removed.

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)

Sally announced that Fiber Arts will be displaying items on February 16th, 17th and 18th. It is a free event at the Community Center.  She also announced the Miss Senior Pahrump's Fashion Show on February 25th with ticket prices of $15.00.  The Show will be at the Saddlewest Casino at 1:00pm. Clothing will be used our own local shops.

Larry Baker (Secretary/Treasurer of the Well Owners Association) announced that the Well Owners will be inactive for the next three to four months due to non-participation; however the Citizen Action Committee will remain active indefinitely.






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January 24, 2006

DISCUSSION AND DECISION REGARDING THE TRANSFER OF THREE (3) CHIEF TECOPA CEMETERY PLOTS TO THE PAHRUMP VALLEY MUSEUM AND HISTORICAL SOCIETY  

Harry Ford requested that three lots be reserved at the Chief Tecopa Cemetery.  This request was in order to provide proper burial of two of the Younts family members which were believed to be buried in the 1800's.
This property today is known today as the Mountain Falls Community. His associate, Don Hendrix has made contact with an organization that would x-ray the grounds in attempt to discover any remains to be transferred to the Chief Tecopa Cemetery.

Paul Willis moved to approve transferal of three plots at the Chief Tecopa Cemetery plot to the Museum and Historical Society and wave any labor expenses associated with the burial at the Cemetery.

Ms. Laurayne Murray Seconded

Motion carried 5.0

DISCUSSION AND DECISION REGARDING A PROPOSAL FROM CIVIL WISE SERVICES FOR CALVADA UNIT 14 BOUNDARY CERTIFICATION

Mr. Richards said that he had received the judges determination for certifying the validity of the boundaries of the Calvada Unit 14 which required services to be completed within 120 days.  He stated that Civilwise indicated that their cost would not exceed $7,500 to perform the services.  Mr. Richards recommended that the board engage them to certification of the unit not to exceed $7,500 with the conditions that the contract included a provision of liquidated damages of $300.00 a day if they were not able to provide it within the 120 days time frame as required by the judge.  

Ed Bishop made a motion to engage Civilwise Services to certify the boundaries on Calvada Unit 14, at a cost not to exceed $7,500 and with the condition that the contractor includes a provision for a $300.00 a day penalty for days exceeding the 120 day time frame.

Mr. Billman seconded

Sally Devlin asked the board why the survey had not been done earlier and expressed frustration in trying to obtain a map of the boundaries of the town for years.
Pahrump Town Board Meeting    -3-
January 24, 2006

Mr. Richards stated the survey had not been done earlier because they believed that the survey on the Calvada Unit 14 was complete and that there was not any more work required.

Ms. Devlin said that the map would assist in establishing jurisdiction issues for others in community. She felt that since action was underway to establish boundaries at this location that we make provisions to conduct a survey on the entire Town of Pahrump. She suggested that the issue go on the agenda for the next Town Board meeting.

Motion carried 5.0   

DISCUSSION AND DECISION REGARDING PROPOSALS FOR COLLECTION OF DELINQUENT AMBULANCE SERVICE ACCOUNTS

Mr. Richards said he had the proposals for the collection of the delinquent accounts, however due to time constraints and other issues involved they had not be acted upon.  His desire was to engage with an alternative collection agency in order to maximize collections.

Mr. Richards requested approval to request proposals for the subject services.

Mr. Bishop motioned that we give the town manager approval to request proposals for collection of delinquent ambulance service accounts.

Mr. Billman Seconded

Voted

Motion carried 5.0

DISCUSSION AND DECISION REGRDING AN ORDINANCE TO RESTRICT THE RESIDENCES OF SEX OFFENDERS

Mr. Willis as well as Attorney Len Smith thought that this issue should be carefully reviewed by Mr. Smith and assistance of Sheriff Demeo.  The town attorney stated that they were preparing information this up coming week.  Mr. Smith stated that he would like to have the proposed ordinance first reading by our next meeting for examination and review.



Pahrump Town Board Meeting    -4-
January 24, 2006

Tony Demeo said in his review of statutes that have been enacted in other jurisdictions throughout the country he discovered several challenges such as briefs being filed in Ohio in the supreme court to challenge the ordinance.
Sheriff Demeo said he would work with Town Board to construct ordinances that would address the concerns of the town and protect as best as we can the rights of

All people. He too believed that we should take more time in it’s preparation before its first reading in maybe two meeting from now.

In agreement Attorney Len Smith reported that he had discovered citation for these kinds of space related ordinances that out of 32 tested 31 have been struck down and one was in appeal.  The 8th circuit court in Ohio in reference to their Sexual orientation ordinance in Nov. 2005 showed clear signs of opposition with the Supreme Court, by the Advocates on Behalf of Sexual Offenders.

Citizen Mack Frank said locations named in the ordinance were vague and he did not agree with the idea of this ordinance.   His concern was would there be any space at all for the offenders to live after ordinances were in place.
Mr. Frank thought it was unfair and unconstitutional according to the 14th amendment, the Equal Protection Clause, for us to prohibit offenders from living in the Town of Pahrump. He also stated that this type of ordinance would be forcing landlords to the take the responsibility and liability of insuring that prospective tenants were not offenders.

William Beck stated that since these types of ordinances are being challenged and over turned that we need to take more time.  He pointed out that because of the Nye County School District busing policy of not busing a child within two miles of a school, that this would still call for children to cross boundaries and locations in which offenders would be allowed to live.

Mr. Smith said that this present information was only an example and that a draft of an ordinance would be created that would not be the exact definitions that would end up in the final ordinance.

Ray Robert said that a data base system would be finalized in approximately two weeks that would allow the Nye County Sheriffs’ department as well as citizens to do research by zip codes and discover the where abouts of offenders residing in Pahrump, Beaty or Armagosa areas.  He stated that surrounding counties and police departments were listing their tiers two and three on their web sites by the hundred blocks.  He also stated that in the month of July when Senate bill 341 takes effect the provision of the NRS would be putting offenders on the site by address.   He was waiting the opportunity that will allow the sheriff’s office to do the same.
Pahrump Town Board Meeting    -5-
January 24, 2006

Kathy Studebaker read results from her studies and gave facts and statistics.  Her studies gave percentages and a count of how many serial child molesters have in his life time, the percentage of invents that are not reported.   

Linda Rhodes was in favor of the ordinance and said that she was a part of a group of citizens which were prepared to stand up for the children of Pahrump. She believed that the predators should leave town and/or serve time away from the community.

Shawn Rhodes said we needed someone that would represent special needs children, and cover not only schools, libraries but Boy Scouts as well.
 
Richard Billman agreed that this was a serious problem, however; since the ordinance was not easy to obtain and that more thought and preparation time was needed.  Mr. Billman said that there was no need for a motion.

TOWN MANAGER’S REPORT
The Senior Center
Mr. Richards and Mr. Sullivan were appointed to the County Committee to research the issues concerning the Senior Center and were now awaiting a second meeting in which solutions will be discussed.  The county asked that the Town Board contribute $10,000 to pay delinquent payroll taxes that the center owes.
 
The MAP CEO additional course for local businesses was denied due to their fixed cost.  There is a possibility that a grant may be obtained to cover the additional expense for the classes and if that grant is not obtained the issue will most likely be added to the agenda for reconsideration.

Ambulance services
David Rencher met with Mr. Richards and received a copy of the draft agreement for Ambulance services with the hospital. We are awaiting a response for another meeting.   We expect that this issue will be an item for the next Town Board meeting.  Rates are presently $11.00 per mile which can be increased up to $18.00 per mile.

Patricia Cox contacted Mr. Richards to say that she will be carrying
the issue for potential County wide sales tax for fire and law enforcement.
Half percent sales tax of which one quarter percent is anticipated to generate about one point two million dollars. Eighty percent of which will go to the town for fire and ambulance services.  The fire chief is preparing a proposal for services that would be funded for about $960,000 a year.  A proposal will be forwarded to the Board prior to the Board of County Commissioners for their review.
Pahrump Town Board Meeting    -6-
January 24, 2006

Engine Number One fire truck was a good decision on the Town Board’s part, as the restoration and mechanical problems had been corrected and the engine is now functioning without problems.  

Fair Grounds project is underway; however there have been some delays because of our dealings with other agencies that need approval.  The water permit has been one issue which has not been satisified because of time lost during the State Engineering Department office relocating.  Civilwise was asked to do follow up on
the matter, the town has paid the fee that was required so we have completed all that is necessary to obtain the permit.  The Nye County Public Works returned comments on the application for the street construction and they are being reviewed with Civilwise and the Fair Grounds Board to determine an appropriate course of action.

Metro Nets feasibility is continuing and there is nothing to report on the community workshops that were conducted January 18th and 19th, we do know that a number of people did attend those meetings.

State Route number 160 clean up will commence in February with the cooperation of the Forestry Service which coordinates inmate Services.
 
Metro Nets Commissioner Hollis has worked diligently with NDot Engineering and County staff to assist in the matter of the issue of the flooding at the community center and the Town Board office.  Insurance funds are available to cover expense for installation of one trench drain as suggested by Dave Fanning of Nye County Public Works; however, there is not an estimate for the opening along Basin street which is expected to be more than $20,000 dollars.  More discussion is needed and once a budget is obtained the issue will be who should share in the cost of it.

Jim Riggs
Needed confirmation of what he had read in our local news papers which mentioned an increase in the Sales Tax and the plan to contract a person with Economic Development to assist in bringing business into the Pahrump area.  

Mr. Richards said that the contract was between Nye County and Economic Development directory.

Mr. Riggs suggested that instead of looking at a increase in sales tax, that the town concentrate more on bringing and supporting more businesses locally, thus enabling our cash flow dollars to remain here instead of Clark County.   He stated that he was against sales tax increase and he would be one that would fight against it.
Pahrump Town Board Meeting    -7-
January 24, 2006

Ed Bishop replied that the County Commissioners meeting would be one week from today that this issue may be brought up at that time.

ADVISORY BOARD REPORT

Nothing to report

CONSENT AGENDA ITEMS

Mr. Bishop made a motion to approve Consent Agenda Items A through E

Seconded by Mr. Billman

Vote passed 4.1 with Laurayne Murray voting Nay

ADJOURNMENT

Richard Billman adjourned the meeting


Respectfully Submitted,


Town Board Clerk

cc:    Town Clerk                    
    Nye County Treasurer                
    Town Board                    
    Nye County Planning            
    Nye County Commissioners            
                Nye County Clerk                       
                Leonard Smith
              Dan McArthur                                                                   


/amb

 


Backup

There is no backup posted for this meeting.