Agendas & Minutes

July 8, 2008

Bob Ruud Community Center
150 N. HWY. 160
Tuesday – 7:00 P.M.
July 8, 2008



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.    Advisory Board Reports

5.    Announcements and “Good News”.

6.    Discussion and decision regarding job description and requirements for Administrative Director (currently Office Manager).  Dan Sprouse/Chief Scott Lewis

7.    Presentation, discussion and decision regarding proposed formation of a General Improvement District (GID) for flood control; Resolution 2008-14 from the Town Board to the Board of County Commissioners regarding a GID formation.  Town Manager/SamsonYao

8.    Town Manager’s Report: (verbal)

9.    Consent agenda items:

a.    Action – approval of Town vouchers

b.    Action – approval of Town Board meeting minutes of June 24, 2008.

10.    Future Meetings/Workshops: Date, Time and Location.

11.     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 writhing, or call 775-727-5107 prior to the meeting.  Assisted listening devices are available at Town board meetings upon request.






Laurayne Murray

Don Rust

Nicole Shupp

Dan Sprouse

Bill Kohbarger, Town Manager


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


Chairman Laurayne Murray called the meeting to order and led in the pledge of allegiance. 

Mrs. Murray welcomed new Town Manager, Bill Kohbarger to Pahrump.


  1. Discussion and decision regarding agenda items.


Dan Sprouse asked that Item #6 be held until Chief Lewis arrives.  There were no objections from the Board.


  1. Public Comment.


John Pawlak, Secretary of the Nuclear Waste & Environmental Advisory Board, reported that the Department of Energy sent the Final Supplements of the Environmental Impact Statements for the Yucca Mountain project.  Mr. Pawlak said he has taken them to the Community Library for reference and asked for the Board’s approval to have them there for the public to review.  Chairman Murray noted that no action can be taken, but if anyone opposes this they will let him know.


Dave Stevens welcomed Nicole Shupp back after her absence.  Mr. Stevens stated that he read about Mr. McDonald’s resignation in the newspaper.  He commented on the handling of the charges by the Ethics Commission.  Mr. Stevens said he felt Mrs. Murray should resign from the Town Board. 


Jan Braxton commented on the activities put on by her son at the 4th of July celebration at Petrack Park.  She said the Chamber did not provide the items requested. 


Art Jones referred to comments made earlier by Mr. Stevens and said he tries to be liberal but the person he was referring to got the Town Attorney involved.  Mr. Jones stated that if you


Pahrump Town Board Meeting

July 8, 2008


cannot handle the job and get the job done they should get their hat and walk.  Mr. Jones commented that Mr. McDonald resigned under pressure but does not know what that was.

Mr. Jones referred to someone being a member of the black caucus in Chicago. 


Chairman Laurayne Murray read a letter she received from Mr. John McDonald regarding his resignation..  (See attached)


  1. Advisory Board Reports


Dan Sprouse announced the resignation of Dave Swanson of the Nuclear Waste and Environmental Advisory Board.  Mr. Sprouse noted that advertising for vacant positions will be addressed in the near future.


Laurayne Murray reported that the Tourism Advisory Board postponed their monthly meeting until July 17 and will update at the next meeting.


  1. Announcements and “Good News”.


Vicky Parker announced the Blue Butterfly Coffee House fundraising event for the Nathan Adelson Hospice will be held July 12 at the Nugget Casino. 


Laurayne Murray announced that the Guns and Hoses Blood Drive would be held this Friday and Saturday at the Community Center.


Laurayne Murray reminded everyone of the Movies in the Park at Honeysuckle Park on Saturday nights.


  1. Discussion and decision regarding job description and requirements for Administrative Director (currently Office Manager).  Dan Sprouse/Chief Scott Lewis


Laurayne Murray announced that she will not be abstaining on this item.  Her disclosure statement is attached.


Chief Scott Lewis explained that this item is a housekeeping issue.  During the budget session, the restructuring of the Pahrump Valley Fire-Rescue Service (PVFRS) from an operational and administrative perspective was discussed.  Chief Lewis said this is an administrative position and not a union position.  Scott Lewis noted that Toni Glines will take this position.  The funds are already budgeted. 


Don Rust asked if this will be an incretion of duties and non-competitive.  Chief Lewis replied that was correct.



Pahrump Town Board Meeting

July 8, 2008


Dan Sprouse motioned to accept the revised job description and requirements for the Administrative Director as presented by Fire Chief Scott Lewis.  Don Rust seconded the motion.


Dave Stevens commented about an emergency generator.  Mrs. Murray suggested Mr. Stevens see Chief Lewis for an update regarding this matter.


Art Jones asked about the job description item that states “other duties as assigned and/or required.”  Mr. Jones asked who would be the person that would be asking that other duties be performed.  Art Jones asked that the item be more specific.  Chairman Murray explained that the wording is standard on all job descriptions within the County and Town. 


Vote passed 4 – 0.


  1. Presentation, discussion and decision regarding proposed formation of a General Improvement District (GID) for flood control; Resolution 2008-14 from the Town Board to the Board of County Commissioners regarding a GID formation.  Town Manager/Samson Yao


Don Rust read Resolution 2008-14 title.


Samson Yao introduced the County consultant who introduced a Pahrump Regional Flood Control District Plan.  Mr. Yao noted that the County has been working on this plan.  Previously, a consultant was hired and their plan has been scrutinized by a new consultant. A more elaborate General Improvement District (GID) plan has been prepared for the Town Board and through this resolution would be giving consent to Nye County to go forward with the formation of a GID.  Information being presented is the surface plan and the costs to the people.


Don Rust motioned to accept additional information.  Dan Sprouse seconded the motion.


Vote passed 4 – 0.


Don Allison said this study was prepared and set up to form a GID as required in Nevada Revised Statute (NRS) 308 which explains what is needed to set up a District.  Mr. Allison stated that the plan is to protect Pahrump from a FEMA 100 year storm. 


Zoraida Radona presented information about previous flooding in the Pahrump Valley and the effects it had on the community.


Don Allison pointed out the projects proposed from a map, which is also in the back up.  Projects were rated as “Good”, “Better”, and “Best”.  Many of the detention basins are on

Pahrump Town Board Meeting

July 8, 2008


Bureau of Land Management (BLM) land and they will be contacted to ask for the rights of the property for free to build the detention basins.  Mr. Allison explained the system of the channels across the Valley.  Don Allison also responded to concerns about the GID.  The projected cost is approximately $160 million over 4 or 5 years.  The vision to pay is by parcel in the $15 to $20 per parcel; starting out at the lower end.   The next phase is to take the channels on the East side under Highway 160.  The Army Corp of Engineers (ACOE) has been involved with the project as well and they are proceeding with obtaining Federal approval. 


Don Rust clarified that the cost would be $20 to $30 per parcel per owner.  Don Allison said it is $20 per month per parcel.  Mr. Rust asked “for how long.”  Mr. Allison stated 20 years and is in the planning process.  All will be fine tuned later. 


Dan Sprouse pointed out that Pahrump depends on the aquifers for its water supply and asked how the channels will affect the water levels.  Mr. Allison replied that the man made channels are earth lined channels, 3 – 5 foot deep, and scraped out from existing soils.  Samson Yao noted that the water would be able to be captured from the mountains rather than going to the dry lake going to California.  The Wheeler Wash dams may be used as a recreational facility such as for fishing.  Don Allison noted that the detention basins are designed to store water for a long time and slowly let the water out.  The design was to provide water into the aquifers. 


Don Rust asked what role the ACOE plays in this.  Mr. Allison replied that they are interested in large regional flood control projects.  They heard about the Wheeler Wash and are interested in doing dams.  They would fund 50% of the project.  The project being $40 million, projecting that $20 million would be from Congress through the ACOE and $20 million would be the local share. 


Samson Yao explained that the Wheeler Wash study has been ongoing for many years covering 92 square miles of water shed.  The ACOE has done a cost benefit and they believe the cost ratio can justify the project.  The last study done could not carry on due to lack of funding.  This can only be done in Pahrump with a GID. 


Mr. Rust asked what would happen if the Town Board did not pass the Resolution.    Mr. Yao explained that the BOCC would still have to approve the surface plan before approving the GID.  The resolution would be a consent for the BOCC to go ahead.  If not approved, there is still time to decide later. The BOCC can have a majority vote and proceed with a GID. 


Laurayne Murray asked for clarification on the cost of whether it was cost per acre or parcel.  Don Allison noted that it would be decided when the GID is formed as to the costs.  They looked at an affordable plan.  Mr. Allison pointed out that eventually the need for flood insurance would no longer be necessary.  It was stated that when new parcels are developed, the cost would decrease. 

Pahrump Town Board Meeting

July 8, 2008


There was discussion regarding how the GID money would be used with regard to administration, maintenance, etc. of the project.


Laurayne Murray asked if a District were created by the BOCC would there be a voting seat on the district for a Town Board member and would it be a negotiation to place the GID with the City if Pahrump incorporated.  Samson Yao responded that if the Town were incorporated it would depend on the ordinances.  The GID would be representing the citizens of Pahrump.  Mr. Yao said he would have to check with counsel on how it would be determined.  Samson Yao said that the District would have the ultimate power with regard to flood control.  It is easier to create a GID than it is to incorporate a Town.


Mrs. Murray said she understands the need for the plan and all the work that has gone into preparing it and it would benefit all of the citizens.  Chairman Murray said she is hesitant at this point to approve the creation of the GID without having the plan approved or the ordinance putting it in place.  Once the approval is given, the wording of the ordinance goes to the BOCC. 


Dan Sprouse noted that when this was before the BOCC, that there were nay votes from two representatives in Pahrump and was concerned about that.  Mr. Sprouse asked if there was justification for the nay vote.  Samson Yao replied that initially all of the Commissioners were receptive to this plan. 


Don Rust commented that he has heard figures per parcel and per acre. Mr. Rust said that for 20 years citizens would be paying more money and after 20 years pay less money because flood insurance would not be needed.  But until then we would be paying for both.  Don Allison explained that of 19 basins, as each basin is completed, application can be made to get released out of the FEMA flood plan.  Samson Yao explained that the per parcel was an initial cut to figure out the worst situation.  Mr. Yao said in the end there will be a rational method that will be fair to everyone.  There was more explanation and it was stated that the final assessment would be done by an assessment engineer. 


Mr. Rust pointed out that the vote is for a known, which is the resolution based on an unknown which is the engineering and the assessor for a period of at least 20 years.  What is fair and equitable is a matter of perspective from a non-engineering standpoint.  Don Rust said he was hesitant to approve anything with such a giant unknown.  Mr. Allison replied that his firm does assessment engineering and have formed 3 districts in the past and all studies have been looked at. 


Vicky Parker commented that she understands the need for flood control but has concerns about approving something without details.  Mrs. Parker suggested tabling the item until the second meeting in August until the exact wording of the ordinance is available.  Once approved the Town would lose total control to the County.  Vicky Parker asked why 1/3rd of


Pahrump Town Board Meeting

July 8, 2008


the cost for the basins when they are on the BLM land.  Don Allison explained that the cost is for excavating and constructing the facilities. 


Mike Darby asked about standing water in the retention basins and had concerns regarding West Nile disease and is there any guarantee that they will work.  Don Allison responded that a geotechnical study was done concerning the ground and all the basins are designed where the outlet is at the bottom of the basins and are designed to flow out and not have any standing water within a day or two. 


Dave Stevens commented that due to inflation the costs will raise and cost more than $20 per month.


John Konick commented that he, as many others, are in social security and cannot afford another $20 per month.  Mr. Konick said that he pays $30 per year for flood insurance.  John Konick also commented on assessed valuations of parcels and is not fair and just for all.  John Konick noted that if the resolution is not passed tonight the BOCC would need a unanimous vote, if it is passed only a majority vote would be needed to go forward.  He said he would like to see the numbers first.


Art Jones asked if this is passed he would have to participate and pay for flood insurance as well.  Don Allison replied that he would want to keep the insurance until it goes through the FEMA process and they approve the district.


Al Balloqui commented that he would like to see the Town adopt a drainage plan and has concerns regarding assessing property, and the beltway that will happen sooner than later which would have cloverleaves which are used for flood detention basins and there will be more engineering required as they are not shown on the current map.  If the land where the basins are placed is not owned it is doubtful that the BLM would allow recreation facilities on the land.  Don Allison explained that the channel would be parallel to the beltway.


Charlie Gronda commented that he was in favor of controlling the flood water but has concerns about the GID and how the Board is formed and what will happen when it is formed.  Mr. Gronda asked if the GID Board will consist of people from Pahrump or from Nye County and will it be controlled by Nye County.  Mr. Gronda asked how will the Board be funded and who will give them the funds.  Will a vote of the people be necessary, or an act of the legislature?  Charlie Gronda noted that all GID have different rules.


Samson Yao stated that the Board has until August 12 to approve the resolution, not August 20th as previously stated.


Don Rust motioned to table the item until August 12th meeting pending more definitive information from the County Commissioners.  Dan Sprouse seconded the motion.


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July 8, 2008


Mr. Rust asked that the Board be provided with more information on funding in terms of cost per person, acre, parcel or whatever they think it will be. Also, more definitive information how they anticipate the GID will be administered. 


Vote passed 4 – 0.


  1. Town Manager’s Report: (verbal)


Bill Kohbarger gave a verbal accounting of his first six days on the job.


  1. Consent agenda items:


a.   Action – approval of Town vouchers

b.   Action – approval of Town Board meeting minutes of June 24, 2008.


Dan Sprouse motioned to approve consent agenda items 9a and 9b.  Don Rust seconded the motion.


Vote passed 4 – 0.


  1. Future Meetings/Workshops: Date, Time and Location.


Laurayne Murray pointed out that that the first meeting date in August the 12th which is Primary Election day.  Another venue is needed for that meeting if a meeting is to take place.  Mrs. Murray noted that the second meeting in September has been cancelled in the past due to Fall Festival using the facilities.


Don Rust motioned to move the August 12 meeting at 7:00 p.m. to the Annex.  Dan Sprouse seconded the motion.


Vote passed 4 – 0.


  1.  Adjournment.


Chairman Murray adjourned the meeting at 8:42 p.m.


Respectfully submitted,



Don Rust, Clerk

Pahrump Town Board





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