Agendas & Minutes


July 26, 2005

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
JULY 26, 2005

 


Agenda

1.    Call to order     
A.    Pledge of allegiance
B.    Welcome

2.    Discussion, action and decision 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 (NRS241.020(2)(C)(3).

5.    Discussion, action and decision regarding approval and filing of a Capital Improvement Plan, Indebtedness Report, and Debt Management Policy with the State Department of Taxation and Nye County Debt Commission-Resolution #2005-34. Finance Director/Town Manager

6.    Discussion, action and decision regarding Town Manager’s annual performance review and related matters. Town Manager/Richard Billman

7.    Discussion, action and decision directing Town staff to research issues related to restricting the places of residence of convicted pedophiles and sex offenders and drafting an ordinance related to same. Paul Willis

8.    Discussion, action and decision regarding Resolution # 2005-35-Enforcement Officer upgrade to fulltime status. 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 July 12, 2005

12.    Adjournment


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

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

 


Minutes

PAHRUMP TOWN BOARD MEETING

BOB RUUD COMMUNITY CENTER

150 NORTH HIGHWAY 160

TUESDAY – 7:00 P.M.

July 26, 2005

 

MINUTES

 

PRESENT:                                                                  ABSENT:

Richard Billman                                                         

Laurayne Murray                                                      

Ron Johnson

Ed Bishop

Paul Willis

 

CALL TO ORDER

 

Chairman Richard Billman called the meeting to order and led in the Pledge of Allegiance.  Mr. Billman welcomed all those in attendance.

 

DISCUSSION, ACTION AND DECISION REGARDING AGENDA ITEMS

 

Nothing was changed or removed from the agenda.

 ANNOUNCEMENTS

 

Laurayne Murray read the announcements.

 

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).

 

There was no public comment.

 

DISCUSSION, ACTION AND DECISION REGARDING APPROVAL AND FILING OF A CAPITAL IMPROVEMENT PLAN, INDEBTEDNESS REPORT, AND DEBT MANAGEMENT POLICY WITH THE STATE DEPARTMENT OF TAXATION AND NYE COUNTY DEBT COMMISSION-RESOLUTION #2005-34. FINANCE DIRECTOR/TOWN MANAGER

Dave Richards stated that the resolution, which he recommended the Board approve, will allow them to file the appropriate documents with the State Department of Taxation and the Nye County Debt Commission.  Dave stated that the documents to be filed are the Indebtedness Report, Debt Management Policy and Capital Improvement Plan for 2006.

 

Paul Willis made a motion to approve resolution # 2005-34.

 

Ed Bishop seconded the motion.

 

Chairman Billman called for the vote.  Motion carried 5-0.

 

DISCUSSION, ACTION AND DECISION REGARDING TOWN MANAGER’S ANNUAL PERFORMANCE REVIEW AND RELATED MATTERS. TOWN MANAGER/RICHARD BILLMAN

Chairman Billman stated that Mr. Richards, Cristina Hinds, and he met to go over the employment evaluations that the Board was to have filled out.  He said that they did not have all of the evaluations, and they were unable to determine who the authors were of some of the evaluations.  He said there was not much to go on as far as an evaluation, and that the process was totally and completely flawed. 

 

Dave Richards explained that his employment agreement and the Town Board Policy provides for an annual performance review by the Town Board.  The Employment Agreement states that the employee and the employer shall jointly develop the performance evaluation process and criteria to be utilized.  He stated that when the review meeting was conducted it was apparent that something was a miss.  He said that one of the most troublesome developments was the confusion that arose over two evaluations that were faxed to the Town’s attorney.  He said they were not able to determine who the authors were.  Dave said to his knowledge only two evaluations had been confirmed as authentic evaluations conducted by current Town Board members, one may belong to a current Town Board member, one may have been completed by a previous Town Board member.  One evaluation from a current Town Board member is missing, and it was confirmed that one current Town Board member did not submit an evaluation.  He stated that the process is a mess, he is very frustrated, and requests that the Town Board consider filing a complaint with the Ethics Commission regarding the potential that former Town Board members were solicited to submit evaluations.  He stated that one former Town Board member was allowed to participate in the evaluation process.  He said that he would like to know what happened to Mr. Johnson’s evaluation, and he asked that the current evaluations be collected and considered null and void, and that they be returned to the Town Manager because they are confidential documents.  He asked for a new evaluation to take place and said that it was necessary to indicate that only current Town Board members should participate in the evaluation process, although he has never had to indicate that before.  He also asked that the evaluations be completed and returned to Chairman Billman within one week, so that they can conduct the evaluation. 

 

Chairman Billman said that he concurred, and asked if Mr. Richards had any blank evaluation forms.

 

Dave stated that blank forms had been provided in the backup.

 

Chairman Billman asked for the evaluations to be placed in a sealed envelope, with their name on the outside and placed in his box.  Richard asked Dave if that would be alright.

 

Dave Richards stated that his box is not secure, but if he took his key out that would be fine with him. 

 

Chairman Billman stated that he would take his key out of his box until he had received all of the evaluations. 

 

Laurayne Murray stated that she was concerned about how all the confusion was created.  She asked Mr. Richards why she was not contacted.

 

Dave Richards stated that he did not want to talk to her.

 

Laurayne Murray said that he might have wanted to, because she did the fax.

 

Dave replied saying that he didn’t want to talk to her.

 

Laurayne Murray stated that if he had called her regarding his concerns or questions they might have been solved.  She said that she faxed the documents to Cristina’s office, and that the cover letter explained what was included.  She said that Cristina called her after she had received it to verify where they were from.  She stated that she explained to Cristina who the authors were of both of the faxed appraisals. 

 

Dave Richards explained that when the Town Attorney, Chairman of the Board, and he met, the authors of those two evaluations were unknown. 

 

Laurayne Murray stated that the standard HR practice is that if you are looking at the time frame for an appraisal that the participants are the people who were involved during that time frame.  She stated that she didn’t understand that that was unknown because in the minutes it indicates the Town Board during the appraisal period June 2004-June 2005.  She said that there were individuals that served as Town Board members for as much as 7 or 9 months out of the 12 month period.  She said that she feels that it is invaluable for an individual that interacted with Mr. Richards for that long to participate; in order to get a true, honest, and complete evaluation of his performance.

         

Chairman Billman interrupted Mrs. Murray and said that was not what she stated in the minutes.  Richard read from the minutes from the May 24th meeting.  “Laurayne Murray:  The Town policy and the Town Manager contract and agreement and everything says specifically that the Town Board, meaning the entire Town Board creates a performance evaluation.  The evaluations are distributed to the Board and then the Town Chairperson of the Town Board is responsible for actually conducting the summary results of the performance appraisals with the Town Manager.  And it is spelled out kind of clearly in all of these.”  “Laurayne Murray:  Yeah, I was actually reading the Town Board policy.  We also have the Town Manager policy, we have the Town Manager employment agreement, and we also have the Town of Pahrump personnel policy manual which applies to Dave as an employee of the Town and us as the employer.  And they are all pretty much the same.  So basically they all boil down to distributing the evaluation forms to the entire Board.  The entire Board makes the evaluations and then a composite or summary of the results is delivered to the Town Manager through the Town Board Chairperson.” Richard said that was not what Laurayne was saying now.

 

Chairman Billman said that he received an e-mail from Cristina stating that she said, “Please be advised I have spoken to Laurayne, apparently she solicited performance evaluations from prior Board members Jeanna Howard, Charlotte LeVar, and Paula Glidden.  She stated that she did this because when the motion was discussed these members were on the Board during the time frame referenced.  The evaluation was submitted with Laurayne’s from one of the former Board members, author unknown, and the other two did not submit evaluations.”  Richard stated that Laurayne did not contact Charlotte LeVar, that when Charlotte LeVar was contacted she submitted an evaluation.  He said that he cannot conceive of anyone in HR soliciting the opinion of a Board member or an employee who left in the middle of the term for questions unknown.  That it is not proper procedure at all. 

 

Laurayne Murray said that she only contacted the Board Members that were on the Board during the time period that they established for the evaluation.

 

Chairman Billman asked where Mrs. LeVar was, and that Mrs. LeVar stated that she was never contacted by Mrs. Murray.

 

Laurayne Murray explained that she did call and leave her a message and she never got back to her.  She then referred to page 37 of the May 24 minutes, “The Town Board during June 2004-June 2005.” 

 

Chairman Billman stated that he found this situation totally and completely out of line. 

 

Laurayne Murray explained that the minutes specifically substantiate what was discussed; the process does indicate that the evaluations will be distributed to the entire board.  She also stated that Chairman Billman indicated that Crisitna Hinds was collecting the evaluations. 

 

Chairman Billman stated that he was collecting the evaluations.

 

Ron Johnson asked Cristina if she received two faxed evaluations with no names on them, and if she questioned that.

 

Cristina Hinds said no.

 

Ron Johnson explained that there was a process that was put together and would have worked well other than the fact that everything started to go backwards. 

 

Cristina Hinds explained that she received a fax coversheet from Mrs. Murray, but the two evaluations were unsigned.  She said she knew it was from Mrs. Murray.

 

Ron Johnson asked all of the Board members if they had received a memo or fax from Cristina Hinds asking them to submit their finished evaluation of the Town Manager to her.

 

All the board members responded no.

 

Ron Johnson stated that he received a memorandum about following through with the process, that he did that and handed his evaluation into Cristina personally.  He mentioned that it was strange that he was the only one on the Board who got a memorandum.  He asked Cristina if she sent a memo or e-mail to the Board members asking them to submit their evaluations to her.

 

Cristina Hinds said not that she remembered.

 

Ron Johnson then asked if Cristina could explain what happened to his evaluation.  He said that he understood that one member of her staff spilt coffee on it and then instantly threw it away. 

 

Cristina told Ron that that was what her staff member told her.

 

Ron Johnson said that he asked Cristina to send his coffee stained evaluation back to him, and that she asked him how he would like her to send it to him.  He replied that through the mail would be fine.  He stated that he never received it, and how could he have if it had been thrown away.

 

Cristina Hinds stated that she called Ron and left him a message on his voice mail.  That she talked to him, then talked to Susana and then called him right back and left him a message.

 

Ron Johnson asked Laurayne how she took it upon herself to fax not only her evaluation but someone else’s.  He said that he thought she shouldn’t have even been able to see someone else’s evaluation. 

 

Cristina Hinds stated that under the open meeting law, because Mrs. Murray is an elected official she has to receive notice if there is some type of misconduct or wrong doing prior to the meeting.  She said that she was not asked to send that out and she didn’t send it out.

 

Ron Johnson asked if it was possible that some of the people at the meeting have a right to hear what happened.

 

Cristina Hinds replied saying the public cannot be in violation of the open meeting law.  That it would be a crime for the board regardless of what the public would or would not like to hear if Mrs. Murray files a complaint…

 

Chuck Patti stated that the Board works for the public, and he wanted to hear what was going on.  He said he didn’t care what the Attorney said about open meeting, that it was an open meeting.

 

Cristina Hinds said she wasn’t suggesting that it not occur, just that it be noticed.      

 

Laurayne Murray stated that she didn’t have any problem answering the process questions.  She said she specifically wanted to pin down the evaluation time period and to specify the members of the Town Board during that evaluation time period who would be the evaluators. 

 

Ron Johnson stated that Laurayne Murray made the decision to have former Board members participate, without asking the Chairman of the Board.

 

Laurayne Murray explained that the evaluations according to the policy are to be distributed to the entire Board.  She said there isn’t any confidentiality involved in the fact that all the Board members are entitled to all the evaluations from the entire Board.  She stated that the time period to be evaluated, the individuals who were participating Town Board members during that evaluation period, and the distribution of the evaluations are all addressed in the policy and the minutes. 

 

Dave Richards stated that his employment agreement clearly states that the employee and the employer shall jointly develop the performance evaluation process and the criteria to be utilized.  Dave said there is no dispute that Mrs. Murray made the comment, “so the Town Board during June 2004 and June 2005”, however it is clear no one else on the Board understood that other former Town Board members were going to be solicited for their comments.  Dave said that he didn’t understand that or agree to it.  He said that his contract clearly states that he is going to agree to the evaluation process, and that he and the Board are going to do it together.  He said that this has never happened to him in 19 years of being evaluated, and believed that this has never happened to any other City Manager or Town Manager in this Country.  He said to suggest that it is a normal state of affairs to do in the private sector is totally untrue. 

 

Paul Willis said that to hisrecollectionthere wasn’t any resolution appointing any member to designate them as the person to go around collecting former Town Board members evaluations, the Board didn’t take a vote to put somebody in charge of getting former Town Board member’s evaluations.  He said the Board never appointed or directed anybody to do such things.

 

Ron Johnson made a motion that the Town Board file a complaint with the Ethics Commission, this matter be fully investigated by the Town Board to determine who submitted evaluations, why former Town Board member’s comments were solicited, and apparently one former Town Board member was allowed to participate in the process.  Determine what happened to the evaluation that is missing.  Declare the existing evaluations null and void.  Collect all evaluations submitted to date and any copies of same and return them to the Town Manager.  Current Town Board members only should complete new evaluations and submit them to the Town Board Chairperson alone within one week for completion of the review and objective setting process.

 

Paul Willis seconded the motion. 

 

Chairman Billman stated that the evaluations be placed in an envelope, sealed, with the board member name on the outside of the envelope, and that the evaluations be placed in his box. 

 

Cristina Hinds asked if Chairman Billman will be filling out the complaint with the Ethics Commission.

 

Kathryn Longhouser asked why the Board doesn’t sign their evaluations for the Town Manager. 

 

Chairman Billman stated that he agreed, and that everyone should sign their evaluations.

 

Chuck Patti said that he spent 30 years in management in various HR companies and has been involved in many evaluations.  He said getting a prior supervisor to do an evaluation never happened.  He also said that any evaluation that he did, he signed himself and took responsibility for it.   

 

Jeff Bobeck said that before the Town Board considers filing an ethics complaint against any individuals, the officials in question should be notified of any impropriety. 

 

Deborah Wescoatt, President of the Nye County School Board of Trustees, said that in ten years of evaluating superintendents they have never asked former Board members for their input.  She also said that in those 10 years those evaluations have been kept confidential and only the chairman has had the evaluations.  She said she was concerned about why the Town Attorney had them, and why the Town Attorney allowed her staff to destroy a document that is confidential without the Town Board Chairman’s permission.

 

Laurence Baker said that he has 28 plus years in military experience and he wrote many evaluations and had many evaluations written on him.  He said that he has never heard of a situation like the one they are dealing with now. 

 

Art Jones, concerned citizen said that he has lived in Pahrump for 13 years and has only missed 5 meetings over those years.  He said this is the first time he has ever heard of anyone soliciting a past Town Board member.  He said that the Town has a decent Town Manager and that the Board needs to do whatever they have to do to keep him here.  He also said that when the evaluations are finished they should be turned in to a certain place at a certain time. 

 

Paul Willis asked Mr. Johnson to amend his motion to include proper notification to the proper parties in accordance to NRS.

 

Ron Johnson amended his motion to include that.

 

Paul Willis amended his second.

 

Chairman Billman called for the vote.  Motion carried 5-0.  

  

DISCUSSION, ACTION AND DECISION DIRECTING TOWN STAFF TO RESEARCH ISSUES RELATED TO RESTRICTING THE PLACES OF RESIDENCE OF CONVICTED PEDOPHILES AND SEX OFFENDERS AND DRAFTING AN ORDINANCE RELATED TO SAME. PAUL WILLIS

Paul Willis stated that he has looked at some other Town ordinances, and in order to protect the future, the Town should put restrictions on where pedophiles and sex offenders can live, so convicted offenders will not be allowed live too close to schools, daycares, playgrounds, and other areas where children congregate.  He stated that other communities have enacted similar regulations and he directed the Town Manager and Staff to make or develop an ordinance to restrict where pedophiles or sex offenders can live. 

 

Chairman Billman asked if they should be talking to Sheriff DeMeo.

 

Dave Richards stated that he would need to be included in any discussions when they start to do the research.

 

Ron Johnson stated that maybe they should look at some model packages that are out there, and then modify it to meet the Towns needs. 

 

Paul Willis stated that he would get the Sheriff’s input.  According to statistics, Paul said that a child has a 25% chance of being molested by a sex offender.  He also asked if the National Sex Offenders website could be linked to the Town’s website.  Paul made a motion to direct the Town Manager and Staff to craft an ordinance restricting pedophiles and sex offenders on where they can live.         

 

Ed Bishop seconded the motion.

 

Dave Richards asked if he could get back up from Paul, showing what other communities have done. 

 

Chairman Billman called for the vote.  Motion carried 5-0.

 

DISCUSSION, ACTION AND DECISION REGARDING RESOLUTION # 2005-35-ENFORCEMENT OFFICER UPGRADE TO FULLTIME STATUS. TOWN MANAGER

Dave Richards stated that there is plenty of enforcement work for the enforcement officer to do.  He said that the staff is working over time, while he can only work 19 hours a week.  He recommended that the Board approve upgrading the position to full time status.  Dave mentioned that by upgrading the position the enforcement officer would receive benefits.  He also said that the enforcement officer is currently being paid $12 per hour, and that he would like to continue that.  He also stated that within the resolution it asks for Mr. Fleeman to continue as the enforcement officer.

 

Ron Johnson moved to approve resolution # 2005-35.

 

Laurayne Murray seconded the motion.

 

Paul Willis stated that he had some concerns that he expressed to Mr. Richards, one being that after a business is notified and given a code violation it needs to be followed up on so that when they got cleaned up that they got let off the hook. 

 

Dave Richards stated that his concerns will be addressed.

 

Chairman Billman called for the vote.  Motion carried 5-0.

 

TOWN MANAGER’S REPORT

Dave Richards went over several items from his report.  He stated that there are two open positions in the Fire and Ambulance Service.  He said that they have gone through a selection process, and at the next Town Board meeting he will bring potential candidates for approval. 

 

The EMS- Homeland Security Advisory Board has a draft comprehensive emergency response plan prepared.  They will be asking the Board to attend a workshop where the plan will be discussed. 

 

Ron Johnson stated that the members of the Emergency Management and Homeland Security Advisory Board (Sharon Wehrly, Mike Sullivan, Warren Pawliuk, Steve Maison, Ron Daviau) are doing excellent work. 

 

Dave Richards mentioned that he has asked the Fire Chief to provide written comments to the Advisory Board.  He said that after everyone feels comfortable with it, the workshops will be conducted. 

 

The Tender that was involved in the accident in May, may be replaced through the Emergency Declaration.  Specifications are ready to advertise, but the County Emergences Director thinks that the truck could be replaced through the Emergency Declaration.  Dave stated they will try to do that because it would save the Town a lot of money. 

 

The delivery date on the truck that is being worked on in Phoenix has been pushed back to the end of August, and the ladder truck delivery date has been pushed back to November or December.  Dave stated that everything is proceeding as planned. 

 

The joint Board of Commissioners and Town Board meeting is scheduled for July 28th.

 

The trust property that was discussed with the Board of County Commissioners and denied now has new life.  Dave stated that he was asked to prepare a plan for use of the property if it is transferred. 

 

MAP Economic Development projects are underway.  Dave stated that he has experienced some spin off benefits from having MAP involved in economic development.  He stated that he got a call today from a small manufacturer who indicated that he had spoken with our MAP representatives about locating in Henderson or the Vegas Valley, and they directed him to Dave’s office.  Dave stated that he is still waiting for the brochure to be completed for Town Board approval.

 

MetroNets Staff has called and a meeting is set for July 27th and August 5th.      

 

A pool inspection was completed and it went very well.  The locker room floors needed to be painted and some training records needed to be submitted.  Dave stated that it had been a good summer at the pool. 

 

Dave mentioned that a Youth Program is underway in conjunction with the Boy’s and Girl’s Club of American.  He mentioned to Ed Bishop that he might want to be involved with the project. 

 

Dave stated that he attended The Los Alamos Energy Communities Alliance meeting.  He stated that it was very useful and hoped to attend other alliance meetings.     

   

ADVISORY BOARD REPORTS

 

There were none.

 

CONSENT AGENDA ITEMS:

  1. Action-approval of Town vouchers
  2. Action-approval of Town Board meeting minutes of July 12, 2005

 

Ed Bishop made a motion to approve the consent agenda items A and B.

 

Laurayne Murray seconded the motion.

 

Kathryn Longhouser stated that the Town is paying $9,000 for Pahrump Valley Chamber matching grants for the Nevada Magazine and Tourism.  She asked if the Board had seen the magazine.  She stated that it looks like the nifty nickel.  She asked if the Board could request it to have more articles about Pahrump in it.   

 

Dave Richards stated that the Tourism Board reviews whatever advertising is proposed and makes a recommendation to the Board.  He said that he could take comments back to them and suggest that changes be made.

 

Chairman Billman called for the vote.  Motion carried 5-0.

 

ADJOURNMENT

 

Richard Billman adjourned the meeting.

 

Respectfully submitted,

 

Laurayne Murray, Clerk

 

cc:           Town Clerk                                                                            

            Cristina Hinds

Nye County Treasurer                                                            

Dan McArthur                                               

Town Board                                                   

            Nye County Planning                        

            Nye County Commissioners                          

            Nye County Clerk      /jp

 


Backup

There is no backup posted for this meeting.