Agendas & Minutes


June 28, 2005

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
JUNE 28, 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 Town participation in first annual Pahrump Senior Olympics, November 10th-13th by sponsoring horseshoes and croquet events.  Town Manager

6.    Discussion, action and decision regarding proposed 2004-05 year end budget augmentations – Resolution #2005-31. Finance Director/Town Manager

7.    Discussion, action and decision regarding reappointment of Town Board liaisons to various boards and commissions. Richard Billman

8.    Discussion, action and decision regarding disposition of Town property adjacent to Nye County School District bus facility. Deborah Wescoatt

9.    Discussion, action and decision regarding acceptance of back hoe bid from Blaine Equipment and purchase in the amount of $95,518. Buildings & Grounds Director/ Town Manager

10.    Discussion, action and decision regarding proposed America West Development Agreement. Town Attorney/Town Manager

11.    Discussion, action and decision regarding Town Clerk duties as defined in the Town Board policy. Town Manager

12.    Discussion, action and decision regarding request to Nye County Board of Commissioners to consider tax abatements in exchange for water rights on behalf of the Town as part of any developer’s agreement – Resolution #2005-32. Town Attorney/Town Manager

13.    Discussion, action and decision regarding creating a fulltime position to facilitate Fire Safety Inspections, Burn Citations, and Ambulance Billing. Town Manager
 
14.    Town Manager’s Report

15.    Advisory Board Reports

16.    Consent Agenda Items:

A.    Action – approval of Town vouchers
B.    Action – approval of Special Town Board meeting minutes of  June 10th
C.    Action – approval of Town Board meeting minutes of June 14th

17.    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:                        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

 Item 8 was removed from the agenda.

ANNOUNCEMENTS

Laurayne Murray announced the following:

-Pahrump Regional Planning Commission will be meeting in the Community Center on Wednesday, June 29th at 6pm

-The Emergency Management and Homeland Security Advisory Board will be meeting at the Town Annex, on Wednesday, June 29th at 7pm

-The Fairgrounds Advisory Board will be meeting in the Community Center on Thursday, June 30th at 7pm

-The Fall Festival Carnival Committee will be meeting at the Town Annex on Thursday, June 30th at 4:30pm

-The Pahrump Valley Kennel Club is meeting at Honeysuckle Park on Thursday, June 30th and July 7th from 9-10am

-Nye County Commissioners teleconference will be held at the Community Center on Tuesday, July 5th at 8:30am

-There will be a combined County Commissioner, Town Board, and Nye County School District meeting held at the Community Center on Wednesday, July 6th at 8:30am

-Public Lands Advisory Board will be meeting in room B of the Community Center on Wednesday, July 6th at 7pm

-Nuclear Waste and Environmental Advisory Board will be meeting in room A of the Community Center on Thursday, July 7th at 7pm

-The Tourism Advisory Board will be meeting at the Town Annex on Thursday, July 7th at 8am

-The Fall Festival Arts and Crafts Committee will be meeting in the Town Annex on Friday, July 8th at 1pm

Dave Richards announced that the joint meeting of the Town Board and the Board of Commissioners will be held at 10am on June 30th at the Board of Commissioners conference room.

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)

Art Jones stated that he noticed that the Town was paying a private company to put on the fire works show, and wanted to know if any money was going to go to the Fire Fighters or Ambulance Department.  

Dave Richards stated that no money will be given to the Fire or Ambulance Department.

Chairman Billman reminded the audience that they could not talk on an action item until the item came up in the meeting.

DISCUSSION, ACTION AND DECISION REGARDING TOWN PARTICIPATION IN FIRST ANNUAL PAHRUMP SENIOR OLYMPICS, NOVEMBER 10th-13th BY SPONSORING HORSESHOES AND CROQUET EVENTS- TOWN MANAGER

Dave Richards explained that the first annual Pahrump Senior Olympics will be held November 10th through the 13th and that they want the Town to sponsor it by providing a place to have horseshoes and croquet events.  He also stated that Matt Luis has volunteered to facilitate those events.

Bob Ferrier from Nevada Senior Games explained what the Senior Games were, and described some previous games that had taken place in other cities in Nevada.  At the Pahrump games he hopes to have basketball, cycling, croquet, road race, walking, pistol shooting, poker, pinochle, power lifting, bowing, horseshoes, golf, dance, track and field, and tennis.  He requested that the Town make a proclamation declaring November 10th-13th 2005 as Pahrump Senior Olympic Days, to be able to list the Town of Pahrump as one their participating sponsor’s, and for the

Town to donate the horseshoe pits and lawn space for croquet and waive the deposit fees for park use.

Ed Bishop made a motion to approve Mr. Ferrier’s requests.

Laurayne Murray Seconded the motion.

Ron Johnson asked Mr. Ferrier what the term “senior” meant.

Mr. Ferrier stated that anyone 50 or older could participate.  

Art Jones commented that he thought that the senior games would be a good thing for the seniors here in the Valley.

Chairman Billman called for the vote, it carried 5-0.

DISCUSSION, ACTION AND DECISION REGARDING PROPOSED 2004-05 YEAR END BUDGET AUGMENTATIONS – RESOLUTION #2005-31- FINANCE DIRECTOR/TOWN MANAGER

Dave Richards stated that there were several items proposed for the 2005 budget and that the state required augmentation for the year end 2005 budget.

Paul Willis stated that the Board had already approved those items.

Laurayne Murray moved to approve resolution #2005-31.

Paul Willis seconded the motion.

Chairman Billman called for the vote, it carried 5-0.

DISCUSSION, ACTION AND DECISION REGARDING REAPPOINTMENT OF TOWN BOARD LIAISONS TO VARIOUS BOARDS AND COMMISSIONS- RICHARD BILLMAN

Chairman Billman went over the liaison changes to various advisory boards.  

Ron Johnson was appointed to be the liaison to the Emergency Management & Homeland Security Advisory Board, Nye County Joint Town Board / Yucca Mountain Advisory Committee, and Nye County Federal Impact Advisory Board.  

Ed Bishop and Laurayne Murray were appointed to the voucher committee.

Ron Johnson had no problem with the appointment.



DISCUSSION, ACTION AND DECISION REGARDING ACCEPTANCE OF BACK HOE BID FROM BLAINE EQUIPMENT AND PURCHASE IN THE AMOUNT OF $95,518. BUILDINGS & GROUNDS DIRECTOR - TOWN MANAGER

Dave Richards stated that they had received three bids for the back hoe and they decided to go with the bid from Blaine Equipment that was for a John Deere 410G back hoe at $95,518.  They felt this was the best because it exceeded their expectations, and it is what was desired by Buildings and Grounds.

Ron Johnson moved to accept the bid for Blaine Equipment Company, John Deere 410G.

Ed Bishop seconded the motion.  

Robert Smith commented that you could find a back hoe on the internet for much cheaper, and felt it would be unwise for the Town to spend so much money, when they could find one of equal value at a better price.

Ron Johnson expressed the essential need the Town has for a back hoe.

Robert Smith did not feel that the price for the back hoe was reasonable.  

Paul Willis stated that by law they had to bid for the back hoe, and that they have to choose from the bids they got.

Robert Smith continued to disagree with the bid price.

Chairman Billman explained that State statutes require them to go out to bid.

After a bit more discussion Chairman Billman called for the vote.  It carried 5-0.

DISCUSSION, ACTION AND DECISION REGARDING PROPOSED AMERICA WEST DEVELOPMENT AGREEMENT-TOWN ATTORNEY/TOWN MANAGER

Dave Richards stated that the Town Board had considered the amendment at the previous meeting and it was tabled so the Town’s Attorney could review it.  He said it is the Town Attorney’s opinion that the discussion be limited to the Fire Department impact only.  He suggested that they do that.  The proposal from the developer was to donate $15,000 for use in the provision of fire services and $200 per roof top.  Dave stated that the terms are to be negotiated between the Town Board and the Developer.

Paul Willis asked if they could recommend sending it back to the Board of Commissioners for further consideration.

Cristina Hinds said she thought that it is going to be placed on the Board of County Commissioner’s next agenda.  She guessed that the Commissioners would take action on the matter whether or not the Board took action.

Paul Willis asked if it would be alright to send it back to the Commission with some recommendations to ask them to revisit it.  He moved to recommend to the Board of Commissioners to amend, revise, or renegotiate the America West Development Agreement to include the Town of Pahrump’s proposal of $1,000 per unit, ¾ acre foot of water rights per three acres being developed, 5 acres dedicated for a fire station, or other Town facilities at the Town’s discretion, and $750,000 for construction of a fire station and or public facilities at the Town’s discretion.  

Ron Johnson stated that with whatever money they get he hopes that they maintain the same or similar language that was used with the $15,000 offer which stated for the Town’s sole and discretionary use and provision of fire service and so on.  He said that he was concerned about not having the ability to site fire stations in the future and they need to be more scientific about that.

Paul Willis explained that whether or not the Commissioners approve it, they have to send a message from this Town that they can’t have things hoisted upon them.  

Ed Bishop seconded the motion.

Mark Dunford from American West Homes explained that it is important to understand the process that is taking place.  He said that they could have developed the property under the old development agreement.  They amended the agreement, and are here to negotiate with the Town fire department impact mitigation.  He stated that he feels the offer is fair, and that it is higher then the Tischler study recommended.  He believes that a fire station site was already provided by William Lyon Company.  

Paul Willis commented that everyone wants to dovetail everything with the old development and William Lyon Homes, but each individual development agreement needs to be negotiated individually.  He also stated that the original Mountain Falls agreement had a turn key fire station, land for the sheriff’s department, two school sites, and now it’s one school site next to a sewer plant.  He cannot accept the offer.  He also wants a statement to the County Commissioners to let them know that they need more consideration involved with developer agreements.

Chairman Billman also stated that he felt it is less than what the Town should get.  He is not sure that what the Town is asking is entirely reasonable, but he wants the County Commission to know that they need to be asked before entering into the agreements.

Mike McInerney stated that he was concerned whether there would be fire hydrants, water mains, and water storage tanks.  He said there needs to be some form of fire protection.  

George Gingell asked where the people are going to come from to service that area, when they are already strained to the max.  He thinks the developers should come up with some money to hire some people to help service that area.  

Chairman Billman explained that not all the houses are going to be built at once, and that they won’t get all the money at once either.  

Commissioner Patricia Cox stated that the developer agreement had been signed over 5 years ago, and that they are including the Town of Pahrump’s input.  He said that it seems that they are going down a road in the dark with no lights on.

Ron Johnson commented that all of this seems very confusing, and that they need some sort of checklist to help them stay on track and on top of the issues.  

Chairman Billman stated that the offer is the same as it was last time Mr. Dunford came to the Board.  He asked Mr. Dunford if he had the authority to negotiate or is it take it or leave it.

Mark Dunford replied saying that he would need to talk to his partners before doing anything.  He also said that he to feels like he is going down the road with no lights on.  He said that they are trying to be fair in their offer, and feel that it is fair, and if they do not accept his offer he is going to go back to the County and negotiate something with them.  

Discussion continued for a while.

Cristina Hinds suggested that the Town form a committee of two people, and perhaps the Town Manager, to meet with Mr. Dunford in the event that the County doesn’t take action on it.  She said the committee could be prepared with their recommendations in case they go forward, or have the ability to negotiate if they don’t.

Paul Willis asked Cristina Hinds and Dave Richards if they knew when the Board was compelled to enter into this agreement.

Neither of them knew.  

Dave Richards said the first time they were notified of the agreement was last meeting, although they were suppose to come to an agreement by the 2nd meeting in June.  

Bob Swadell stated that he was the one who negotiated the original Mountain Falls agreement, and that development agreements cannot pay for past sins.  He also said that the NRS limits the amount of things that can happen with development agreements, because many communities try to load all their problems on the developer.  He wants everybody to get reasonable.  

Toni Glines asked the board if the building would stop if they didn’t come to an agreement tonight.  She said if it won’t, they needed to come to some kind of agreement.

Mark Dunford again stated that he wanted to be fair with the Town, and wanted the Town to be fair with him.

Robert Smith stated that he thinks that Paul is right, they should shut this thing down.  He said, all they want is to make their money and run away.  

Paul Willis stated that he was not here shut anything down, he is just here set a precedent.

Patti Chipman asked if the Town is going to be responsible for parks.

Chairman Billman stated that they are precluded from discussing parks.

Ron Johnson stated that he was concerned about the possibility of being able to sit down with the right parties and work this out.  

Cristina Hinds explained that no one knows if the County is going to proceed without the Town.  She recommended that the Town go ahead with their first motion if they so choose to, and to make a second motion to set up two board members and the Town Manager to meet with the developer, and the Board would have ask the County to agree to pass this matter for two weeks until the second meeting in July.  She recommended that the Board make some sort of recommendation in case the County proceeds without letting them attempt to negotiate any further.

Mark Dunford asked if they could stick to the agendized item.

Laurayne Murray explained that the item said discussion action and decision regarding the proposal, and that they could make any decision regarding the proposal.  

Chairman Billman asked for the motion to be repeated.
           
Paul Willis stated, “We recommend to the Board of Commissioners to amend, revise, or renegotiate the America West Development Agreement to include the Town of Pahrump’s proposal of $1,000 per unit, ¾ acre foot of water rights per three acres being developed, 5 acres dedicated for a fire station, or other Town facilities at the Town’s discretion, and $750,000 for construction of a fire station and or public facilities at the Town’s discretion.”

Chairman Billman called for the vote, it carried 4-1, with Laurayne Murray voting no.

Ron Johnson moved to involve two Town Board members and two County Commissioners, possibly the Town Manager, and Mr. Dunford and whoever he would want to bring with him and work it out.

Paul Willis seconded the motion.  He stated that he is under no illusions that the County Commissioners are going to pass the proposal that he recommended.  

Chairman Billman called for the vote, it carried 5-0.

Chairman Billman appointed Ron Johnson and Paul Willis to serve on the Committee.  

DISCUSSION, ACTION AND DECISION REGARDING TOWN CLERK DUTIES AS DEFINED IN THE TOWN BOARD POLICY- TOWN MANAGER

Dave Richards explained that over the last six weeks the preparation of the agenda has been some what confusing because of a board member’s involvement with it.  He didn’t know that person was responsible for the agenda.  In the Pahrump Town Board Policy manual it states the Town Clerk responsibilities include posting the agenda, carrying items tabled to the next agenda, taking the minutes, keeping them in a place where the public can view them, sending copies of the agenda and the minutes to the County Clerk, keeping a record of all ordinances and resolutions, responsibility for correspondence of the Board, assuming the duties of liaison to the administrative department, and the Town Clerk or designee is responsible for carrying out all duties at the request of the Board.  

Dave Richards went on to say that when the policy was approved and the duties were defined for the Town Clerk, he mistakenly thought that it was an administrative position.  However that is not the case.  The executive assistant is responsible for those duties.  It is the responsibility of the Town Clerk to have oversight over those duties, and he feels that is unnecessary.  He talked with the Town Clerk, and they disagreed on that.  

Dave Richards explained that there might have been a time when they needed the Town Clerk to do those duties because there was no one to help at the administrative level with those duties.  He clarified that it is the Town Manager’s duty to oversee those duties, and he does not feel that the Town Clerk needs to be involved with it.  He feels the Board is a policy-making Board, and that they are not responsible for daily duties.  He recommended that the Board amend the Town Board policy to reduce the duties or eliminate them entirely.

Paul Willis agreed that at some time they might have needed the Clerk to carry out those duties, but now he thinks staff would be better suited to carry them out.  He moved to amend the Town Board Policy section 1, deleting items 1-6, and replacing them with item 1 The Town Clerk shall read announcements and propose ordinances at Town Board meetings.

Ron Johnson seconded the motion.

Cristina Hinds stated that NRS 269.019 State statutes need to be added to the Town Clerks duties because it is mandatory.  

Paul Willis amended his motion to reflect the State statutes in NRS 269.  

Ron Johnson amended his second.

Laurayne Murray explained that she and Mr. Richards did have a conversation and she agreed with what he said.  She agrees that it is the Town Manager’s responsibility to oversee the duties discussed.  She does think it is important to keep in items 5 and 6, and the NRS 269 would cover that.  

Chairman Billman called for the vote, it carried 5-0.              

DISCUSSION, ACTION AND DECISION REGARDING REQUEST TO NYE COUNTY BOARD OF COMMISSIONERS TO CONSIDER TAX ABATEMENTS IN EXCHANGE FOR WATER RIGHTS ON BEHALF OF THE TOWN AS PART OF ANY DEVELOPER’S AGREEMENT – RESOLUTION #2005-32- TOWN ATTORNEY/TOWN MANAGER

Dave Richards stated that there is a developer who would like to exchange water rights for a tax abatement and the Town Attorney told him that would be legal to do.  He said although it would take some time for the transfer of the water rights, he thinks that a developer agreement can include a provision that would allow for the tax abatement to be revoked if the transfer is not successful.  He recommended that a tax abatement of equal value to the water rights be allowed.

Paul Willis motioned to approve resolution #2005-32.

Ron Johnson seconded the motion.

Paul Willis asked about the protections of the transfer and completion of the deal.

Laurayne Murray asked if the negotiation of the value of the water rights and the amount of the tax abatements would be left to the County.

Dave Richards stated that they would have some input in that.

Chairman Billman called for the vote, it carried 5-0.

DISCUSSION, ACTION AND DECISION REGARDING CREATING A FULL TIME POSITION TO FACILITATE FIRE SAFETY INSPECTIONS, BURN CITATIONS, AND AMBULANCE BILLING- TOWN MANAGER

Dave Richards explained that this was actually for a part time position, not full time.  He stated that the position was discussed and the Fire Chief recommended an hourly rate of $7 per hour, to be paid from the General Fund / Fire and Ambulance.  He recommended that the Board approve the creation of the position requested at the wage proposed of $7 an hour.

Paul Willis made a motion to create a part time position to facilitate fire safety inspections, burn citations, and ambulance billing.  

Laurayne Murray seconded the motion.

Paul Willis amended his motion to include the $7 hourly rate.

Laurayne Murray amended her second.

Mike McInerney commented on his concern with using money from the business license fund to pay for the position, because he thought that money could only be used for business purposes.

Dave Richards explained that only the General Fund Fire and Ambulance would be used, not the business license fund.

Laurayne Murray asked if the personnel addition would be covered under the budget that was already approved, without jeopardizing the three vacancies at the Fire Department.

Dave Richards stated that that was correct.

Chairman Billman called for the vote, it carried 5-0.

TOWN MANAGER’S REPORT

Dave Richards explained that there were a number of items on the first page of his report that had delayed beyond his control, adding that the Fire Chief had been very busy.  He said those issues would be addressed as quickly as possible.  He announced that the IAFF negotiations will take place on June 30th at 10am and that there is a joint meeting with the Board of County Commissioners and Town Board representatives, also on Thursday.  He stated that repairs had begun at the Town Office, including a side walk to make access to the side door easier.  

Dave Richards discussed the progress on the MAP economic development project.  He stated that the letters had been sent out.  So far there hadn’t been a huge response, but he feels in time the responses will grow.

He stated that the auto-feed chemical system will be installed at the pool in the first week of July and its performance will be monitored.

Mr. Richards also said that they were attempting to be proactive and creative because of limited taxes and caps put on what they can collect, so were going to take advantage of every legal opportunity available to them to collect any fees that they can legally collect.

He also stated that he was not able to attend the Big Ugly Competition.

Laurayne Murray stated that she has not been able to find the searchable key words on the website, and asked if it was really there.

Dave Richards told her he would look into it.



ADVISORY BOARD REPORTS

Lawrence Baker, co-chairman of the Public Lands Advisory Board, stated that they are continuing their research on the Veterans Cemetery, they have talked to Senator Ensign to get his support on public lands issue, and they have several other projects they are taking under advisement, but would not like to talk about them because they are still in the development stage.

CONSENT AGENDA ITEMS:

A.    Action – approval of Town vouchers
B.    Action – approval of Special Town Board meeting minutes of  June 10th
C.    Action – approval of Town Board meeting minutes of June 14th

Ed Bishop moved to approve the Town Vouchers.

Laurayne Murray seconded the motion.

Chairman Billman called for the vote, it carried 5-0.

Ed Bishop moved to approve the Special Town Board meeting minutes of June 10th.

Laurayne Murray seconded the motion.

Chairman Billman called for the vote, it carried 4-0, Ed Bishop abstained from the vote.

Ed Bishop moved to approve the Town Board meeting minutes of June 14th.

Paul Willis seconded the motion.

Chairman Billman Called for the vote, it 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.