Agendas & Minutes


June 22, 2004

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
JUNE 22, 2004

 


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 $4,700 for Building and Grounds department to build a 40’x 18’ pad with metal awning.

7.    Discussion, action and decision regarding approval to let bids for television transmitter/translators.  Town Manager

8.    Discussion, action and decision regarding enacting an ordinance relating to off-road vehicles trespassing on private property.  Jeanna Howard

9.    Discussion, action and decision regarding audit services engagement letter.  Town Manager

10.    Discussion, action and decision regarding advertising for Business License enforcement contractor.  Town Manager

11.    Town Manager’s Report.

12.    Advisory Board Reports.

13.    Discussion, action and decision regarding PVFRS task force issues.  Town Manager

14.    Discussion, action and decision regarding attendance to State Land Use Planning Advisory Council meeting, June 30, 2004 in Reno.  Jim Petell

15.    Discussion, action and decision regarding combining Public Lands and Parks and Recreation Advisory Boards.  Town Board

16.    Discussion, action, decision regarding Tourism allocation of $15,000 for stage, technical support, and promotion for Fall Festival Entertainment.  Jeanna Howard

17.    Second reading of Pahrump Town Ordinance – PTO #45 – Portions of the Uniform Fire Code concerning fires, hazardous materials, and explosions.

18.    Discussion, action and decision regarding $14,000 from State Room Tax fund for Fall Festival Entertainment to offset expenses.  Jeanna Howard

19.    Discussion, action and decision regarding “Citizen of the Month Award”.  Jeanna Howard

20.    Consent Agenda Items:

A.    Action – approval of Town vouchers.
B.    Action – approval of Special Town Board meeting of May 24, 2004.
C.    Action – approval of Town Board meeting of June 8, 2004.
D.    Action – approval of ambulance billing write offs.

21.    Discussion, action and decision regarding closure of meeting pursuant to NRS 241.030 and 241.033 and 288.220(1-4) and 241-015.2(b)(2) for purposes of conferring with Town’s management team regarding International Association of Fire Fighters negotiations.

22.    Closed meeting pursuant to NRS 241.030, NRS 241.015(b)(2) and NRS 288.220(4).

23.    Discussion, action and decision regarding IAFF as discussed in closed session.  Town Board

24.    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

PRESENT:
Paula Glidden
Richard Billman
Charlotte LeVar
Jeanna Howard
Ed Bishop
Cristina Hinds, Attorney

CALL TO ORDER

Chairman Paula Glidden called the meeting to order and led in the pledge of allegiance.  Ms. Glidden welcomed all those attending this meeting.

DISCUSSION REGARDING AGENDA ITEMS

Paula Glidden asked that items #21, 22, and 23, be removed from the agenda.  These items all pertain to a closed session and there will be no closed session.  

There were no objections to this change.

ANNOUNCEMENTS

Charlotte LeVar announced the following:

    There will be a Special Town Board Workshop on June 24, at 6:00 p.m. concerning
    Water resources;
    Fall Festival Carnival Committee will meet June 25, at 4:30 p.m. in the Annex;
    A Guns and Hoses Blood Drive will be held June 25 from 4:00 p.m. until 8:00 p.m.
    And on June 26 from 8:00 a.m. until 4:00 p.m. in the Community Center;
    Parks and Recreation Advisory Board will meet on June 28 at 6:00 p.m. in the Annex;
Nuclear Waste and Environmental Advisory Board is scheduled to meet July 1 at 7:00 p.m. in Room A;
The Firefighter’s Freedom Festival will be held July 3 and 4 commencing with a fireworks display at dusk on July 4;
The Pahrump Town Office will be closed July 5 in observance of Independence Day;
Economic Development Advisory Board is scheduled to meet on July 7 at 7:00 p.m. in Room A;
Fall Festival Entertainment Committee will meet on July 7 at 6:00 p.m. in the annex:
Pahrump Town Board Meeting
June 22, 2004

Tourism Advisory Board will meet on July 8 at 8:00 a.m. in the Annex;
Sheriff Tony DeMeo will hold his open forum on July 11 at 1:00 p.m. in the Hall;
Fall Festival Executive Committee is scheduled to meet on July 12 at 6:30 p.m. in the Annex.

Sally Devlin thanked the people of Pahrump for its continued support of the Friends of the Library Book Room.  

Ms. Devlin announced that there will be a meeting for members of the Pahrump Arts Council from 7:00 p.m. until 8:00 p.m. June 25 at The Donut Shop to meet Mr. Diamond.  On Saturday, June 26, there is a performance of Mr. Diamond.  The cost is $10.00.  

Bill King announced that the Nye County Federal Impact Advisory Board that fourteen people will be going to Carlsbad, New Mexico to meet with many people in an economic development fact finding mission and delivering the sisterhood resolution that was approved by the Town previously.  

PUBLIC COMMENT

Paul Willis commented regarding an article in the Pahrump Valley Times concerning Charlotte LeVar and said how proud the Republican Party is for the work she has done for the Town of Pahrump and the Republican Party.  

Mary Paksvan also commented on the editorial in the newspaper and noted that the article was extremely vindictive, mean spirited and nasty and expressed her support for Mrs. LeVar.

Ron Smith commented on the article as well and indicated that Mr. McMurdo wants to continue the back biting methods. Mr. Smith also expressed his support for Charlotte LeVar.

Mike McInerney commented that he is a friend of Doug McMurdo.  Mr. McInerney stated that he feels that Mrs. LeVar has done an outstanding job on the Town Board.  Mike McInerney said that Charlotte LeVar is the only one that keeps view of the overall picture of the Town.  

Jim Petell commented that Charlotte LeVar is the Liaison to the Public Lands Advisory Board and said she is a woman that speaks up for her self and does what she has to do to get things done.  Mr. Petell stated that the fire department should agree to serve the public in any capacity in any way they can and we should support them.  

Dan LeVar commented that the Town is on the right track in creating a tax district and it should be placed on the ballot and let the people vote on the issue.  Mr. LeVar commented about the editorial by Doug McMurdo by saying you have to pity him and understand.

Charlotte LeVar thanked the Pahrump Valley Times for spelling her name right.
Pahrump Town Board Meeting
June 22, 2004

Bill Green commented on the editorial as well by saying Mr. McMurdo is a coward.  Mr. Green said it is sad what has become of our community.  
Mary Paksvan commented that the Greater Las Vegas Realtors Association is selling teddy bears for the purpose of buying phone calling cards for the troops in Iraq and Saudi Arabia.  The bears can be gotten by calling most any realtor in the area.  

Ron Smith commented on the county zoning ordinance which allows four residents per acre.  This places a strain on infrastructure.  The Town should vigorously petition the County to compensate this town and residents of Pahrump for emergency services, roads, etc.  Currently, the Pahrump tax rate is higher than the majority of Las Vegas.  

“GOOD NEWS’ REGARDING PEOPLE, EVENTS, AWARRDS, CELEBRATIONS OR OCCASIONS THAT REFLECTS POSITIVELY FOR THOSE WITHIN THE COMMUNITY

Charlotte LeVar announced that the Review Journal reported that the Senate Panel endorsed a bill to donate a piece of federal property for an American Legion Post and memorial park in Pahrump.  This is a 4.5 acre plot of land on Highway 160.  This was approved by a voice vote of the Energy and Natural Resources Committee on June 16 and will proceed to the Senate at this point.  

Ed Bishop announced that the Bureau of Land Management opened its new fire station on Carpenter Canyon Road on June 19 with five full time employees stationed at the new facility.  

Charlotte LeVar noted that the joint Nye County Town Boards meeting will not be hosted by Gabbs.  Mrs. LeVar suggested that Pahrump host the next meeting and with no objections a date will be selected and scheduled.  

Paula Glidden commented that she and Ms. Howard met with a developer that will be building in the Mountain Falls area and the developer assured them that they assured them that they will be stepping up to the place with regards to fire-rescue services.  

DISCUSSION, ACTION AND DECISION REGARDING $4,700 FOR BUILDING AND GROUNDS DEPARTMENT TO BUILD A 40’ X 18’ PAD WITH METAL AWNING

Dave Richards said this is self explanatory as the Building and Grounds department is asking for $4,700 that was budgeted in their Capital Outlay to construct a 40’x18’ cement pad with a metal awning which allow for a place to do mechanical work and other buildings and grounds functions that are currently difficult due to the wind and the sun.  Mr. Richards stated it was his recommendation to approve this appropriation.

Jeanna Howard Motioned to approve the $4,700 for Buildings and Grounds allocated for a 40’ pad extension.  Ed Bishop seconded the motion.  
Pahrump Town Board Meeting
June 22, 2004

Vote passed 5 – 0.

DISCUSSION, ACTION AND DECISION REGARDING APPROVAL TO LET BIDS FOR TELEVISION TRANSMITTER/TRANSLATORS

Dave Richards explained that he is asking for authority only to advertise for bids to acquire and install transmitter/translator equipment for the television facility.  It is anticipated that this equipment will cost approximately $10,000 for each translator/transmitter and are looking at purchasing two.  Mr. Richards noted that there are funds budgeted in the Television Capital Fund.  Dave Richards recommended that the Board authorize letting bids.  

Richard Billman Motioned to authorize the advertising of letting bids for the transmitters.  Jeanna Howard seconded the motion.  

Sally Devlin asked if the bids can include equipment so other television stations can lease from the Town.  Ms. Devlin said Pahrump should be able to make money off the transmitter.  

Jeanna Howard replied that the Town is required to provide this service to the community for access to the media and is only a repeater from the Las Vegas stations.  

Ms. Devlin asked if there was room for expansion.  Ms. Howard replied after we build the covered swimming pool.  

Charlie Gronda gave a history of the television transmitter.  Mr. Gronda noted that we have been providing this service for many years to the stations in Las Vegas and have never charged them a penny for the advertising they do.  The cost to maintain the facility is approximately $15,000 per year without repairs as the electricity is very costly.  Charlie Gronda said his personal feeling is that the stations using the equipment should be paying for it as they are being paid for the advertisement.  The commercial stations should pay their fair share.  

Vote passed 5 – 0.

DISCUSSION, ACTIONA ND DECISION REGARDING ENACTING AN ORDINANCE RELATING TO OFF-ROAD VEHICLES TRESPASSING ON PRIVATE PROPERTY

Jeanna Howard clarified that this item was to be a discussion, action and decision for a possible public forum for the people to discuss a possible ordinance.  

Richard Billman noted that the Board members received a petition from a neighborhood and said that he too lives in an area where there has been a track set up for all terrain vehicles (ATV) which stirs up a lot of dust.  There is not state law that prohibits people from riding on their own property.  

Pahrump Town Board Meeting
June 22, 2004

Jeanna Howard said that the County is working issues with the Environmental Protection Agency related to dust and this will have some sort of factor on some level.  Ms. Howard noted that she has received some information regarding ordinances from Clark County which do not apply to Nye County or Pahrump.  

Charlotte LeVar Motioned to enact an ordinance relating to off-road vehicles trespassing on private land.  Jeanna Howard seconded the motion for discussion.

Mary Dixon commented that she wrote the letter and obtained the signatures on the petition sent to the Town Board.  Mrs. Dixon noted that this problem is occurring throughout the valley and not in just one neighborhood.  Mary Dixon stated that the dust and the noise, even if on private property, cannot be contained to that property.  Mrs. Dixon said she has commented on this issue at the County Commissioner’s meeting as well.  

Henry Neth commented that this is becoming an issue.  Mr. Neth noted that the County Commissioners are in the process of building a Mutual Order of Understanding (MOU) with the EPA as it pertains to fugitive dust in the Pahrump valley.  Henry Neth explained that when drafting an ordinance the County is trying to make them as user friendly as possible.  The EPA has stated that most of the dust created is from disturbed lots and gravel roads.  Mr. Neth stated that as it pertains to ATVs, it is a tough issue.  Henry Neth said he would support the Town Board in drafting an ordinance that would not allow ATVs to ride on property that they do not own.  Also, if riding on their own property they must be made aware of the fugitive dust issue. An ordinance at the Town level would assist the County Commissioners.  Henry Neth stated that he supports the Town drafting an ordinance that would deal with dust created by ATVs on property they do not own and creating dust on property they do own.  

Richard Billman stated that we are alright with the people riding on other people’s property.  The problem lies with people riding on their own property.  Mr. Billman said we have no ordinances to cover it.  

Mr. Neth replied that the problem is with both situations.  Henry Neth said people need to be made aware of property rights, the rights of the people to use the land as they wish.  A fine line is establishing which is the problem, the noise or the dust, is it how affects the quality of life of those who live around it.  Mr. Neth asked that you do not mess his right to go out and ride on public land.  

Ed Bishop asked about the road right of ways.  Mr. Neth replied that they are not allowed on the County right of ways.  Ed Bishop said nobody is stopping them and asked if the County was going to deal with that.  Henry Neth suggested talking to Sheriff about it.  Mr. Bishop asked if there is an ordinance to prohibit riding on right of ways.  Mr. Neth replied yes.  

Ron Smith commented that the item says trespassing on private property and nothing about using your own property.  Mr. Smith said the motion should be amended to include all vehicles.  
Pahrump Town Board Meeting
June 22, 2004

Bill Green asked if the local sheriffs are citing people based state law.  Richard Billman replied that they can.  Mr. Green asked why we continuously make more laws when there are already laws on the books.  

Ron Partridge commented that in Nevada, if a trespasser comes on your land with the intent of vandalism, you can shoot him.  So why have a law banning ATVs on private property.  

Sally Devlin stated that dust is a federal law and state law.  Ms. Devlin said one of the most important thing to know about dust is there are diseases from dust.  Pahrump is now invaded with valley fever which is the fungus in dust.  

Dan LeVar commented that he also has problems with dirt being dumped and the kids are using it as a track.  Mr. LeVar said he is a strong supporter of enforcement with regards to dust.  

Paula Glidden said she agrees that who needs more laws but in this case anything the Town can do to move it up to the County level so they can continue the MOU with the state the Town should.  Ms. Glidden stated that we all need to be conscience of each other.  

Charlotte LeVar commented that kids are using private property for short cuts and saw one child have an accident.  

Ed Bishop agreed that there is a problem and there are laws and the Sheriff cannot enforce the laws we have now.  What makes us think that he will enforce another law?  More laws that cannot be enforced will not do any good.  Mr. Bishop stated that we need to push for enforcement of the laws we already have.  

Charlotte LeVar added that she has called the Sheriff’s office in the past and was told that Pahrump does not have anything on the books and that he could not help.  The Sheriff’s department did send a car and found the children and the problem stopped for a while.  

Paula Glidden said that we cannot expect the Sheriff to go after things that we do not have locally.  Ms. Glidden said as cumbersome as some laws the repeat offender would start to understand after a while.  

Jeanna Howard asked the Board to consider a revision of the motion for the Town Board to entertain a public hearing for public input before we request Council to go and form an ordinance.  

Chuck Patti asked for clarification that the Sheriff does not want to enforce the state law after taking an oath of office to uphold the United States Constitution, the Constitution of the State of Nevada and its laws.  


Pahrump Town Board Meeting
June 22, 2004

Charlotte LeVar clarified that it was a while back and would not be able to reply verbatim.  Mrs. LeVar said the Town could contact the Sheriff’s department again.  

Richard Billman agreed that Ms. Howard’s idea has some merit if the Board were to have a meeting and include the Sheriff and inform him of an enforcement problem.  

Mary Dixon commented that the Sheriff was called approximately two weeks ago and was told that they cannot do anything as there is nothing in the County ordinances or the Pahrump Town Ordinances with regards to private property.  

Jeanna Howard explained that if the opportunity arises the motion would include the Sheriff being in attendance at this public hearing.  

Ed Bishop pointed out for the people that Sheriff DeMeo has an open forum on July 11 at 1:00 p.m. and encouraged them to show up.  

Ron Partridge commented that the Sheriff’s office does respond to unlicensed vehicles and ATVs driving on the roads or on the shoulders.  However, they are usually not found when the deputies arrive.  

Charlotte LeVar rescinded her motion, and Jeanna Howard removed her second.

Jeanna Howard Motioned that the Town Board hold a public hearing with the Nye County Sheriff Tony DeMeo to discuss the possible creation of an ordinance addressing off road vehicles.   Richard Billman seconded the motion.  

Vote passed 5 – 0.  

DISCUSSION, ACTION AND DECISION REGARDING AUDIT SERVICES ENGAGEMENT LETTER

Dave Richards explained that there is a proposal from Dan McArthur to conduct audit services and to provide ongoing financial consulting services.  Mr. Richards noted that there is an engagement letter included for 2003 and 2004.  The letter indicates and audit fee not to exceed $14,000 and out of pocket expenses not to exceed $300 for audit services.  There is a proposal for the ongoing consulting services which indicated in the past the Town has not exceeded $4,000 for those services.  Dave Richards recommended that the Town Board approve the proposed letter of engagement with Daniel P. McArthur Ltd., with an audit fee not to exceed $14,000 and out of pocket expenses not to exceed $300 with ongoing consulting services as indicated in the proposal.  

Jeanna Howard Motioned to approve the recommendation from staff.  Ed Bishop seconded the motion.  
Pahrump Town Board Meeting
June 22, 2004

Paula Glidden asked if any other requests were put out or is this an ongoing thing.  Mr. Richards replied that the Town did not request bids but could do so if the Board requests.  Dave Richards said the Town did previously approve having Mr. McArthur as our auditor for this next year in compliance with the State in the letter of intent.  

Mike McInerney said he talked with Mr. McArthur several times regarding the budget.  Mr. McInerney pointed out that Dan McArthur audits the County as well as the Town and would like the Board to renew this contract.  

Vote passed 5 – 0.  

DISCUSSION, ACTION AND DECISION REGARDING ADVERTISING FOR BUSINESS LICENSE ENFORCEMENT CONTRACTOR

Dave Richards explained that this is a request to approve advertising for a new contractual position.  The time will be split between administration and enforcement.  It is anticipated that the Town would be providing no less than 25 hours per week of enforcement and administrative assistance at a cost not to exceed $12,000 annually.  Mr. Richards said that a full job description will be provided to the Town Board prior to approval of any contract for services.  There are sufficient funds to cover this expense in the Business License fund.  Dave Richards pointed out that the Business License ordinance has been a major issue and the Town is attempting to address it with the addition of this position.  

Charlotte LeVar Motioned that on recommendation of staff.  Richard Billman seconded the motion.  

Ed Bishop asked Mr. Richards to what extent this person is going to enforce the Business License ordinance and what are they going to enforce.  

Dave Richards replied they will require that businesses get a business license to operate legally within the Town of Pahrump.  

Mr. Bishop said it was his understanding that it is a misdemeanor offence not to comply.  Mr. Richards said that was correct.  Ed Bishop asked if this person is going to have the legal authority to issue citations and fines.  Dave Richards responded that he would anticipate that they will be, yes.  Mr. Bishop asked if the individuals still choose not to comply, will the enforcement person have the legal authority to issue a cease and desist order and shut down the business.  Mr. Richards said the Town will have to do that in court.  

Charlotte LeVar stated that it is a contractual position.  Mrs. LeVar said we are trying to put some teeth into what we already have and sees no reason not to try it for one year to see where it goes.  Charlotte LeVar said this is a good idea and that the business owners that are paying for business license fees would benefit.  
Pahrump Town Board Meeting
June 22, 2004

Richard Billman asked Cristina Hinds to what extent the Town has the authority to compel a business pay.

Cristina Hinds replied that currently the ordinance is not tailored for this type of thing.  The ordinance would have to be amended to put specific guidelines in it with a model citation program.  The current ordinance does not have anything but it can be added to.  

Richard Billman said he believes it will take some time to get someone onboard.  Mr. Billman said it seems to him that it would be prudent to have in place an ordinance that is enforceable for anyone who does not abide by the ordinance.  Mr. Billman said we can go ahead with this but would, for the next agenda, have an ordinance that Ms. Hinds would have ready for us.  

Jeanna Howard said that would allow for the job description to be revised appropriately.  To bring it back to the Board all inclusive would make the Board more comfortable.  

Ed Bishop pointed out for the Board for their consideration that as a previous Town Board member he spent over one year trying to rewrite the business license ordinance.  The team included the business license clerk, interim Town Manager and himself.  At that time, approximately ten drafts of that ordinance were created and the Attorney at that time advised that none of them were enforceable.  Mr. Bishop said he feels that a rewrite of the ordinance is impossible in two weeks.  

Richard Billman pointed out that the Las Vegas business license ordinance has been enforced for years and sees no reason we cannot copy that ordinance instead of reinventing the wheel.  

Jeanna Howard said that people with licenses and those without that are doing things that are quite questionable and receiving many complaints related to children and when this is implemented the Board will be able to take action.  Ms. Howard said she supports this issue just as long as we see the ordinance and the verbiage with the job description.  Jeanna Howard said she is anxious to move forward with this.  

Mike McInerney commented that the issue of enforcement has been around since day one and there has been no solution to it.  If enforcement means we are going to enforce somebody to get a Pahrump piece of paper that is pretty stupid.  

George Gingell commented that the enforcement is a good idea if the Board hires somebody from Pahrump, Nye County or the State of Nevada.  

Paula Glidden noted that the business license is a hot issue but without it we have no control.  Ms. Glidden said she likes the idea that businesses must produce legal documents that show who and what they are to get the license.  It also gives the Town the validity to insure the people are who and what they say they are.  Paula Glidden said she wishes there was someplace to complain to with a complaint against a business.  Ms. Glidden said she would like to have device that can
Pahrump Town Board Meeting
June 22, 2004

be utilized and expand upon.  The point is having something in place that gives the Town some teeth for some good.  

Ron Smith commented that the business licenses were sold to residents of Pahrump through the thought that the Town would hold people responsible for bad deeds.  This has not been done.  Mr. Smith asked if the Town was using the business license money to create a bigger bureaucracy or to benefit the people.  Mr. Smith noted that one case was taken to court and it was decided by the court that the Town has no jurisdiction to enforce this ordinance.  Ron Smith stated that the business license is just another fleecing of the businesses to create more bureaucracy.  

Bill Green commented that to get a Town business license you have to get a many legal forms.  Mr. Green asked what is the Town doing hiring somebody.  There are state and federal laws that the police force can use.  Bill Green said a deputy will still be required to issue a citation.  

Paula Glidden said this is the first attempt at looking at enforcement.  

Jeanna Howard asked if it made sense that we have been collecting fees from businesses just to have somebody paid to collect fees.  Ms. Howard said she supports this solely because with the ten dollars per business being raised we will have somebody that will physically be going with the aid of the sheriff or filing small claims.  There are many businesses that are doing things they should not be in this community.  

Mike McInerney commented that based on a 25 hours per week, based on a 50 week year and enforcement officer would be paid $9.60 an hour with no benefits.  Mr. McInerney stated if the Board thinks that this person will assist in protecting the health and welfare of the Town, good luck.  

Charlie Gronda asked what the original date is on the business license ordinance.  Mr. Gronda said he was on the Town Board in 1997 and it was in effect before that.  During this time the fee was lowered from $50 to $40.  It is now back to $50.  Charlie Gronda said this is needed to keep track of businesses.  Currently the State is now watching over things in Pahrump.  Mr. Gronda agreed with the idea of doing this for one year to find out what the hidden costs might be such as legal fees.  

Clarice Shirley commented that she has two business licenses.  Ms. Shirley stated that when this business license was started it was to protect against shoddy workmanship.  Ms. Shirley noted that her licenses are for an RV park and a bar where shoddy workmanship is not a problem.  Clarice Shirley said that if other agencies involved cannot enforce their laws she feels the Town will not be able to enforce it.  Ms. Shirley said she does not mind giving the Town of Pahrump $100 per year as a donation to do business, but feels that people that do not donate their fee should have their hands slapped.  Hiring people to enforce this has not made it work.  Those people with criminal intent can fake whatever they need to make the system work.  
Pahrump Town Board Meeting
June 22, 2004

Ron Smith asked Mr. Richards if this item is about the hiring of someone to enforce people to purchase a license if they do not have one.  Dave Richards replied that that is correct.  Mr. Smith asked if Ms. Howard said that this is the same person to take care of complaints.  

Jeanna Howard replied that if it be that person specifically doing it or engaging the proper people to do it she would have to wait until the Town Manager provides a job description.  There would be direct involvement however.  

Ron Smith asked if the enforcement person would be prosecuting the bad contractors and so on.  

Dave Richards replied that to be correct.  

Ms. Howard stated that when the job description comes back to the table they will then have the specifics.  Jeanna Howard said she would not support this if the person is not in some sort of enforcement capacity.  

Ron Smith said the person hired would have to meet many state regulations for police work and enforcement.  Mr. Smith asked if even with the sunset clause which has not yet been added to the motion does that mean you will raise business taxes again.  There was no reply.  

Vote passed 4 – l.  Ed Bishop voted nay.

Dave Richards clarified that at this point the Town is only advertising the position, not hiring anyone.  Richard Billman noted that he has yet to find anything that is enforceable.  Jeanna Howard stated that the Board has asked that the ordinance and the position to come back to the table.  

Richard Billman asked that it be placed on the next agenda.

TOWN MANAGER’S REPORT

Dave Richards reported that the fire and ambulance negotiations continue with the IAFF.  Mr. Richards noted that the meeting scheduled for June 18 did not happen.  That was the reason for canceling the closed session for today’s meeting.  

Mr. Richards reported that a recent action by the Town Board to approve a new health care provider has enrollment underway at this time.  

Dave Richards stated that the Town office mold investigation is coming to a close.  Some money has to be spent to save a lot in mold mitigation.  Results indicate that there is minimal mold in only one isolated area that needs to be addressed.  All other mold is considered to be in normal amounts.  The cost for mitigation will be several hundred dollars rather than $20,000.  We must go forward with other construction that needs to be completed for any flood damage that
Pahrump Town Board Meeting
June 22, 2004

occurred.  Mr. Richards said we are looking getting some suggestions from an engineering firm to redesign the driveway on the approach to the parking lot so we can avoid further flooding.  A report will be available as soon as we get one.

Mr. Richards noted that a follow up meeting on August 10 with the County Commissioners and the School District Board at 1:00 p.m.  

Dave Richards reported there has been much discussion concerning the Commissioners retiring the hospital debt and initiating a tax district and the Town Board only needs to ask them to do that.  It has been suggested they will do so.   After talking with the Department of Taxation and with the Town auditor and found there to be questions as to how much that money that would generate and whether it can actually be done.  Mr. Richards stated that the Town Attorney is reviewing the relevant NRS and will have a report as soon as possible.  

Charlotte LeVar asked Mr. Richards about discussion concerning the Abaris Report and the suggestion of training for the billing clerks and Financial Director.  Mrs. LeVar asked Mr. Richards to look into this to assure that the Town is at the peak of its performance, and to check into classes for these people.  Dave Richards replied that there should be ongoing training for the ambulance billing clerks and will report on that to indicate what training has been conducted and what is available.  

ADVISORY BOARD REPORTS

Ed Bishop reported that he attended an EDEN meeting on June 10.  Mr. Bishop stated that EDEN elected Bill Wall as Chairman.  Mr. Wall is from Amargosa.  Vice Chair is George McKorkel for Esmeralda County.  The Executive Director is working on sending to all the communities a top three list on what is needed for economic development.  At their next meeting they will be asking the Board to identify three goals out of the economic development strategy document and have them accomplished in three months.  Another item EDEN is working on is a Compact Disc (CD) that will provide a presentation of Nye and Esmeralda County to promote economic development site re-locaters.  

Richard Billman reported that the webpage is doing fine and the webmaster has a couple of small issues.  

Paula Glidden said that she has discussed with Mr. Richards that there will be a joint meeting of all the advisory boards in mid-July so the Board can review their goals and objectives are and how that relates to what the Town is looking at and doing.  

DISCUSSION ACTION AND DECISION REGARDING PVFRS TASK FORCE ISSUES

Dave Richards stated that he has several recommendations to make to the Town Board regarding the PVFR task force.   Mr. Richards explained that at the last meeting the Board set a deadline of
Pahrump Town Board Meeting
June 22, 2004

June 18 for applications for the participation with this task force.  Dave Richards recommended that the Board extend the deadline to July 5.  A number of applications were received and would like an opportunity for more people to reply as Mr. Richards feels that adequate publication has not been made.  Dave Richards said he would not like to be accused or criticized for trying to limit the number of people on this committee.  Dave Richards asked for the opportunity to continue to advertise and set a deadline of July 5.  The letters of interest will then be presented to the Board in a manner not yet determined.  Mr. Richards suggested that the Town Board determine how that should happen.  Dave Richards also suggested that on July 13 the Board could be able to approve members to the task force.  With a July 13 appointment, the task force could reasonably meet no later than August 2 and asked that the Town Board consider setting that as a deadline for that task force to meet.  It is Mr. Richards’ recommendation if the task force meets by August 2; they will have 3 months to meet if the Town Boards would set a deadline of November 9 for a report to the Town Board.  Dave Richards said that should be sufficient parameters for the task force to meet without influence from the Town Board.  The task force will have three months to meet

Mr. Richards explained that he has a proposal from Research and Polling, Inc. for a community needs assessment.  They have indicated they will be able to provide the results of the survey in a timely manner and in a time frame that will allow the task force to review the results and include the needs assessment in their report and in making their decisions.  The objectives of the polling company are to assess with what adult residents feel are the biggest issues facing their community, determine what Town services are needed, measure their awareness levels for the level of fire and ambulance services that they would like to have, assess what residents would be willing to pay more than they currently do for additional fire and ambulance services, and among those who would be willing to pay more, test higher fees for additional fire and ambulance services, and among those not willing to pay for additional fire and ambulance services, assess the reasons underlying their unwillingness to pay more.  Mr. Richards suggested that if there are other questions the Board would like to include they can be added.  Adding additional questions would have to be done quickly in order for the company to set up their software.  The elements of their proposal include designing the survey instrument, generating a random sample of adult residents in the Town, conduct 400 telephone interviews among adult residents in the Town.  Mr. Richards noted that the Board should all agree and that number is a statistically significant number of random samples above which the results will be significant.  This will test within a 95% value of validity.  Dave Richards explained that if you go beyond 400 random samples, it will not make any difference.  There will still be a 95% degree of accuracy.  Mr. Richards stated that regardless of outcome of the survey, everyone needs to understand that it is only 400 people that they will survey.  Good or bad, regardless of which side of the issue you stand on, the Board needs to understand going in that it is 400 people that will be surveyed.  The study will also include computer setup and programming, code open-ended responses, data entry of results, generate computer printouts, a written report and the presentation of key findings all to be done for $14,000.  


Pahrump Town Board Meeting
June 22, 2004

Dave Richards said it was recommended that the Board accept the proposal from Survey and Polling, Inc. for the survey proposed, approve the deadline extension to July 5, make task force appointments on July 13, suggest a first meeting of the task force no later than August 2 and require a recommendation to the Town Board no later than November 9.  

Richard Billman Motioned to accept the recommendations of Mr. Richards.  Jeanna Howard seconded the motion.

Ed Bishop commented that he feels 400 people is enough to be polled.  Mr. Bishop said he did not think that 400 were enough when the zoning poll was done.  Ed Bishop stated that 400 phone calls is not a representative of 30,000 people.  Mr. Bishop asked why the Town would use a company from New Mexico.  

Dave Richards replied that this a group that he was familiar with and originally he asked for a quote for budget purposes.  

Mr. Bishop asked about an item in the proposal stated the cost includes all costs except travel.  Ed Bishop asked if the Board wanted a presentation that the Town would have to pay expenses from Albuquerque to Pahrump.  Dave Richards replied that to be correct.  Mr. Bishop stated that would add an additional $1200 to the cost.  Mr. Richards said it would not exceed $1200.

Paula Glidden responded to the number 400 in that it is a statistical polling company that does this all the time.  Ms. Glidden said we need to start trusting a business that knows how to conduct these polls.  

Sally Devlin commented that everyone has been polled to death.  Ms. Devlin said that she is not adverse to polls.  What she is adverse to is the way questions are asked.  Ms. Devlin stated she sees no reason to go outside the Town to hire people when each voter should receive a poll.  Sally Devlin agreed with Mr. Bishop that 400 is not enough to poll and will not call for the night workers.  Ms. Devlin suggested using the voter registration list to use for the polling.  

Richard Billman commented on other polls.  

Paula Glidden said her job is to direct with the information she receives. Ms. Glidden also noted that polls are statistical elements and does not understand that people cannot understand that these polls are based on statistical answers.  The questions are open ended and keep the emotion out it.

Sally Devlin asked if there will be meetings held with the task force on the questions just mentioned.  Will the Town Board hold meetings so opinion can come in to prepare for the questions Ms. Devlin asked.  


Pahrump Town Board Meeting
June 22, 2004

Paula Glidden said it is not the Town Board’s job.  Mr. Richards will be working with the group based on the poll results.  Ms. Glidden said she is sure there will be input for questions.  

Chuck Patti commented that he was representing a company called We Mail based in Pahrump.  Mr. Patti said he can provide telephone polling or direct mail polling or both.  Chuck Patti said for telephone polling they use a database of registered voters.  There are approximately 13,000 registered voters in Pahrump.  Everyone on the list would be called that has a telephone although many on the voters list do not list a phone number.  With duplicate voters in a household the number polled would be cut to approximately 6,000.  Mr. Patti said he would provide the phone calling himself.  Mr. Patti stated that from the 6,000 calls you would get an approximate 9% of the people that would answer.  Chuck Patti pointed out that 9% of 6,000 would give you approximately 540 people and provide the Town with the data that would come from that.  The Town would only be charged for the actual number of calls which would amount to approximately $600 based on ten cents per call.  All the other work would be free of charge.  

Mr. Patti continued by explaining his direct mail business.  Chuck Patti said the Town would provide the printed material that is mailed out.  We Mail would pick up the mail, address it and take it to the post office for mailing.  According to the post office there are approximately 16,000 addresses in Pahrump.  The charge for doing that would be $3,436.  The number may be revised upward because of the growth.  The printed material would have to meet postal requirements.  The surveys could be mailed back to the Town or to the business.  The compiling of the data is not within the quote.  

Paula Glidden asked how the Town Board trusts a person living in Pahrump.  Mr. Patti said that was a fair question.  The Town prints up the material at approximately $1,500.  The Town gives Mr. Patti the printed material he takes it to the post office and shows a receipt for postage and the day it got mailed out.  Paula Glidden said that Mr. Patti might want to volunteer to do this survey.  The money talked about is for postage Chuck Patti replied.  

Jeanna Howard asked Mr. Patti about references he made concerning the Town Board raising taxes.  Chuck Patti explained that the Town went from 21 cents to 22.8 cents as indicated in the Town budget.  

Mike McInerney commented on the raising of the ad valorum taxes each year.  Mr. McInerney commented on the proposal as it concerns the statistical collection of data and the telephonic responses.  Mike McInerney stated that he does not want the best fire rescue service in Pahrump that money can buy.  Mr. McInerney said he does want the best fire department in the Town of Pahrump and the best ambulance service in the Town of Pahrump that the Town can afford.   Mike McInerney said he would prefer the Town Board make the determination of the services and requirements the Town needs.  Mr. McInerney he would like the survey to reflect words to include the ad valorum tax paying residents be the ones to say how much more they are willing to pay for services.  Mike McInerney asked how fees will be tested.  Will fees be imposed and then see if they work?
Pahrump Town Board Meeting
June 22, 2004

Dave Richards explained that the polling company will test how much more people are willing to pay.  Mr. Richards said the people would be suggesting a price that someone might be willing to pay.  Dave Richards noted that he did not design the questions but does understand what test means.  

Mr. McInerney asked if the 400 telephone interviews come from the sample of adult residents.  Mike McInerney asked if the polling company would be testing 2000 names and then test 400 of those randomly.  

(Jeanna Howard left the stage.)

Charlotte LeVar stated that if the Board does not understand the exact terminology on these questions how will the people be able to respond.  Mrs. LeVar said she does not know how to test higher fees.  

Dave Richards explained that these are not questions they will be asking directly and these suggestions are the areas they will be asking questions in.  

Charlotte LeVar asked about how the questions will be asked and would they be in lay mans language.  

Paula Glidden noted that each of the areas listed in the proposal may bring on five specific questions.  

Richard Billman said the pollsters are very careful at aiming the question at the audience they are questioning.  

Charlotte LeVar asked if they use the same questions for everyone.  Paula Glidden replied that everybody takes the same survey.  

Bill Green asked if this is voted on tonight, does the Board know what questions will be asked by the polling company.  Paula Glidden replied that the Board is voting on having a polling group with the questions reviewed by the Board and Mr. Richards as time permits.  The Committee will be able to look at the poll as soon as they walk into a committee session.  Mr. Green asked who the 400 people were that were polled for the zoning questions.  Bill Green said he has not been able to find on person that took the poll.  

Charlie Gronda asked if it was important that this decision be made at this meeting.  Mr. Gronda suggested that the Task Force look at the survey.  Dave Richards noted that the results would not be available in time to use them.  

Jane Snow asked who will be formatting the questions.  Paula Glidden replied that the polling company and Dave Richards would discuss the issues and what we are looking for.  
Pahrump Town Board Meeting
June 22, 2004

Mike McInerney commented that he felt this item was not on the agenda properly and called a point of order.  Mr. McInerney noted that the agenda item on refers to PVFRS issues and nothing about the polling company.  

Paula Glidden said her understanding is that it is a tool for the task force.  

Vote passed 3 – 1.   Ed Bishop voted nay and Jeanna Howard was absent for the vote.

Charlotte LeVar said she realizes that the application or letters of interest are coming into Mr. Richards.

Charlotte LeVar Motioned that the entire Town Board receive a copy of every one of the letters.  At that point in time, the Town Board make a decision on who each feels should be on that and dwindle them down to ten.  Mrs. LeVar said she would like to see Dave Richards and Ed Bishop on the final selection of the final seven.  Ed Bishop seconded the motion.  

Richard Billman said he though one of the things that the Board wanted to do was to eliminate the political aspect of this task force.  Paula Glidden agreed and noted that there could be more than one hundred letters and it has to be scaled down in some manner.  

Charlotte LeVar said there are already guidelines set and they will be in writing with the packet.  Those guidelines would indicate no personnel, no fire personnel and so forth as stated before.  

Richard Billman said he supposed incorrectly that the Town staff was going to choose.  

Dave Richards said he anticipated that the Town Board would make the selection based on all the applications.  Mr. Richards said he did not think it was appropriate for Town staff to suggest who should be on the committee to any extent.  

Paula Glidden outlined the process for everyone.  The final list will be given to Mr. Richards for notification.  

Bill Green called a point of order and asked what was being voted on.

Paula Glidden explained that Charlotte LeVar had made a motion regarding the Task Force.  

Vote passed 4 – 0.  Jeanna Howard was still absent.

Paula Glidden asked that a date be placed on the letter as to when they must be in.

Charlotte LeVar said that the Town Board would have the letters in their boxes by the afternoon of July 6, and have them back to the office by July 8.  

Pahrump Town Board Meeting
June 22, 2004

DISCUSSION, ACTION AND DECISION REGARDING ATTENDANCE TO STATE LAND USE PLANNING ADVISORY COUNCIL MEETING, JUNE 30, 2004 IN RENO

Ed Bishop Motioned to approve use of the town car including the gas and food at the accepted rate and two nights hotel at $55 per night for Mr. Petell to attend this seminar.  Charlotte LeVar seconded the motion.  

Vote passed 4 – 0.  

DISCUSSION, ACTIONAND DECISION REGARDING COMBINING PUBLIC LANDS AND PARKS AND RECREATION ADVISORY BOARDS

Charlotte LeVar explained that because there is a problem with people joining the Public Lands Advisory Board and when there is not a quorum, they cannot meet.  By joining the Public Lands Advisory Board and Parks and Recreation Advisory Board it would accomplish a great deal more even it meant splitting off into a committee or subcommittee.  Mrs. LeVar said she and Mr. Petell have discussed this and they do not have a problem with this.  

Charlotte LeVar Motioned to combine Public Lands and Parks and Recreation Advisory Boards.  Richard Billman seconded the motion.  

Paula Glidden said she has been trying to get the boards to work together for months and years and feels this is a great thing.  Charlotte LeVar said there is work being done to obtain some land and it would be detrimental if lost.  

Jim Petell said they are going forward with plans to get the land, however the process does take time.  Mr. Petell said that when his item was placed on the agenda he conducted conversations with Bill Green of Parks and Recreation and asked that they be allowed the time to discuss this further with the advisory board members of both boards.  

Paula Glidden pointed out that the Town Board does have the ability to make changes to advisory boards as they see needed.  

Bill Green commented that the Town Board liaison does not come to the Parks and Recreation meeting.  Mr. Green said he feels that the combining of the two boards is because Parks and Recreation has the money.  Bill Green explained that there are things that Parks and Recreation would like to do.  

Paula Glidden asked how many people were on the Parks and Recreation Board at this time.  Bill Green responded that there are five members currently.  Mr. Green continued that he feels this change is because they have money.  Bill Green suggested that the Town get as much Bureau of Land Management land as possible around Pahrump before it becomes a developer’s paradise.  Paula Glidden asked if Parks and Recreation were having regular meetings.  Bill Green
Pahrump Town Board Meeting
June 22, 2004

responded that they meet every month.  Mr. Green noted that there was a special meeting called by the Town Manager on June 15 and he did not show for the meeting.  Bill Green asked that no decision be made by the Town Board until the Parks and Recreation Advisory Board meets on June 28 so this may be discussed with the entire advisory board.  

Bill King said it was his understanding that the job of an advisory board is to do the leg work and make recommendations to the Town Board.  Mr. King asked that the Town Board make the proposal to the advisory board so they may discuss it and then bring a recommendation back to the Town Board.  

Charlotte LeVar pointed out that the money issue was never a thought concerning this.  

Paula Glidden said she thought this was already discussed by the advisory boards and now shines a different light.

Vote failed 0 – 4.  All voted against this motion.  Jeanna Howard was not present.

DISCUSSION, ACTION AND DECISION REGARDING TOURISM ALLOCATION OF $15,000 FOR STAGE, TECHNICAL SUPPORT, AND PROMOTION FOR FALL FESWTIVAL ENTERTAINMENT

Charlotte LeVar explained that Tourism Advisory Board had an allocation of $15,000 for a permanent stage that the community will own rather than continual renting and reconstruction year after year.  Mrs. LeVar noted that Tourism did give the allocation of $15,000

Charlotte LeVar Motioned that Tourism Advisory Board approved $15,000 for a stage, technical support and promotion for Fall Festival.  Richard Billman seconded the motion.

Vote passed 4 – 0.  

SECOND READING OF PAHRUMPO TOWN ORDINANCE – PTO #45 – PORTIONS OF THE UNIFORM FIRE CODE CONCERNING FIRES, HAZARDOUS MATERIALS AND EXPLOSIONS

Charlotte LeVar read the title for this ordinance.  

There was not discussion on this item.

DISCUSSION, ACTION AND DECISION REGARDING $14,000 FROM STATE ROOM TAX FUND FOR FALL FESWTIVAL ENTERTAINMENT TO OFFSET EXPENSES

Charlotte LeVar explained that $3,000 has been allocated for Fall Festival and Ms. Howard is asking for $14,000 from the State Room Tax Fund.  This funding will offset expenses to help
Pahrump Town Board Meeting
June 22, 2004

produce a show and entertainment and the contests for Fall Festival.  The Entertainment Committee will require ribbons and prizes which some have been donated from businesses within the community.  The Entertainment Committee would like to bring in top rated acts for its Saturday night entertainment at Fall Festival.  The Committee will still be requesting donations to help offset the expenses as it has in the past.  Because entertainment is free and there is no admission funding is needed to help cover the expenses.  

Charlotte LeVar Motioned to give the Fall Festival Entertainment Committee $14,000 from the State Room Tax Fund.  Richard Billman seconded the motion.  

Paula Glidden noted that this amount was included in the Entertainment Committee budget.  Last year the Fall Festival was kept to a very tight budget but the Entertainment Committee feels that it needs to expand their product.  

Vote passed 4 – 0.  

DISCUSSION, ACTION AND DECISION REGARDING “CITIZEN OF THE MONTH AWARD”

Cookie Westphal explained that this was previously been brought to the Town Board and has been left behind due to more important issues with the Town.  A meeting was held with the Town Office staff for recommendations on forming a committee to address the process of choosing a Citizen of the Month.  Ms. Westphal explained that a proposal will be ready for the next meeting and it was recommended by Ms. Howard that this item be tabled until the next meeting.

CONSENT AGENDA ITEMS

Action – approval of Town vouchers

Richard Billman Motioned to accept the Town vouchers.  Ed Bishop seconded the motion.

Vote passed 4 – 0.

Action – approval of Special Town Board meeting of May 24, 2004

Richard Billman Motioned to accept the minutes of the Special Town Board meeting of May 24, 2004.  Ed Bishop seconded the motion.

Vote passed 4 – 0.



Pahrump Town Board Meeting
June 22, 2004

Action – approval of Town Board meeting of June 8, 2004

Richard Billman Motioned to accept the minutes of Town Board meeting of June 8, 2004.  Ed Bishop seconded the motion.

Vote passed 4 – 0.

Action – approval of ambulance billing write offs

Richard Billman Motioned to accept the ambulance billing write offs.  Ed Bishop seconded the motion.  Ed Bishop seconded the motion.

Vote passed 4 – 0.

ADJOURNMENT

Paula Glidden called for adjournment.



Respectfully submitted,



Charlotte LeVar, Clerk

cc:    Town Clerk                    
    Nye County Treasurer                
    Town Board                    
    Nye County Planning            
    Nye County Commissioners            
            Nye County Clerk                       
            Cristina Hinds
            Dan McArthur                                                                   
/cw

 


Backup

There is no backup posted for this meeting.