Agendas & Minutes


March 10, 2009

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
March 10, 2009
DRAFT AGENDA

 


Agenda


1.    Call to Order and Pledge of Allegiance.

2.    Discussion and possible decision regarding moving the order of or deleting an agenda item(s). (Action)

3.    Advisory Board Reports, from Advisory Board Chairpersons and/or Town Board Liaisons on the status of Advisory Boards. (Non-Action)

4.    Discussion and possible decision regarding approval of Tina ? and Dwight Lilly to the Fall Festival Finance Sub-Committee.  (Action)

5.    Discussion and possible decision regarding approval of Robert Adams to the Public Lands Advisory Board. (Action)

6.    Discussion and possible decision regarding approval of Resolution #2009-02 concerning Rules for Town Board meetings.  (Action)

7.    Discussion and possible decision regarding the approval of Pahrump Town Ordinance #43 (Solid Waste and Recycling Franchise Ordinance) a) as written; b) or with changes as discussed: with an effective date after publication. (Action)

8.    Discussion and possible decision regarding the approval of Pahrump Town Ordinance #62 (An ordinance enacting criminal misdemeanor offenses for disorderly conduct and enumerating prohibited acts, penalties for violation, and other matters properly relating thereto) a)as written; b) with changes as discussed: with an effective date after publication.  (Action)

9.    Discussion and possible decision regarding the approval of Pahrump Town Ordinance #63 (An ordinance enacting criminal misdemeanor offenses on park property and enumerating prohibited acts, penalties for violation, and other matters properly relating thereto.) a)as written; b) with changes as discussed with an effective date after publication.  (Action)

10.    Discussion and possible Town Manager Report. (Non-Action)

11.    Town Board Member’s Comments. (Non-Action)

12.    Consent agenda items:

a.    Action – approval of Town vouchers
b.    Action – approval of Town Board meeting minutes of February 24, 2009
c.    Action – approval of Ambulance Write Offs December 2009 – February 2009.
d.    Action – approval of resignation of Al Balloqui from the Incorporation Advisory Board.

13.    Future Meetings/Workshops: Date, Time and Location. (Non-Action)

14.    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).

15.    Adjournment.


A quorum of Advisory Board members may be present at any Town Board meeting but they will not take any formal action.

Any member of the public who wishes to speak during public comment or on an agenda item, at the appropriate time, will be limited to three (03) minutes.

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.

This notice and agenda has been posted on or before 9:00 a.m. on the third working day before the meeting at the following locations:
1)    PAHRUMP TOWN OFFICE
2)    COMMUNITY CENTER
3)    COUNTY COMPLEX
4)    FLOYD’S ACE HARDWARE
5)    CHAMBER OF COMMERCE


 

 


Minutes


PRESENT:
Nicole Shupp
Bill Dolan
Vicky Parker
Frank Maurizio
Mike Darby
Brent Meich, Attorney

1.    Call to Order and Pledge of Allegiance.
Chairman Nicole Shupp called the meeting to order and lead in the pledge of allegiance.
Bob Baker with United Way presented the Town and Matt Luis with plaques of appreciation with regards to support for United Way Cinco de Mayo events.

2.    Discussion and possible decision regarding moving the order of or deleting an agenda item(s). (Action)
Mike Darby motioned to move Item #19 (Public Comment) back to the front of the agenda.  Bill Dolan seconded the motion.

Mrs. Shupp moved the item to be heard before Item #3.

Vote passed 3 - 2.  Nicole Shupp and Vicky Parker voted nay.

2.5    Public Comment.
Paula Elefante asked if someone from the Town would provide information on the Freedom Festival fireworks display plan.
Tom Waters announced that the VITA tax assistance program is doing well.  Mr. Waters also announced the Prostrate Cancer Support Group meetings.
Harley Kulkin commented on the Fall Festival.
Judith Holmgren commented on PTO #43 regarding a law suit.  Brent Meich noted that there will be no comment on ongoing litigation matters.
Butch Borasky gave a brief overview of his testimony at the State Legislature.
Art Jones commented on a personal issue.
Charlie Gronda commented regarding concerns with the County and the need for incorporation.
Pat Kirby commented about living in Pahrump.

3.    Advisory Board Reports, from Advisory Board Chairpersons and/or Town Board Liaisons on the status of Advisory Boards. (Non-Action)
Pahrump Town Board Meeting
March 10, 2009

Bill Dolan reported that the Pahrump Veteran’s Memorial Advisory Board last meeting was canceled and the Fall Festival Executive Board was moving forward.

4.    Discussion and possible decision regarding approval of Tina Rieger and Dwight Lily to the Fall Festival Finance Sub-Committee.  (Action)
Bill Dolan motioned to seat Tina Rieger and Dwight Lilly to the Fall Festival Finance Committee.  Vicky Parker seconded the motion.

Vote passed 5 – 0.

5.    Discussion and possible decision regarding approval of Robert Adams to the Public Lands Advisory Board. (Action)
Vicky Parker motioned that Robert Adams be appointed to the Public Lands Advisory Board.  Bill Dolan seconded the motion.

Vote passed 5 – 0.

6.    Discussion and possible decision regarding approval of Don Rust to the Incorporation Advisory Board. (Action)
Frank Maurizio motioned to approve Don Rust to the Incorporation Advisory Board.  Bill Dolan seconded the motion.

Vote passed 5 – 0.

7.    Discussion and possible decision regarding review and approval of material to go into the Comprehensive Development Strategy Document (CEDS). (Action)
Vicky Parker announced that she would abstain from voting on this item, as well as Item #8, as she is a member of PAVED as it could appear as a conflict of interest.  Bill Dolan announced that he would be abstaining on the same items for the same reason.

Al Balloqui explained that the CEDS document, which is prepared by EDEN for the County, is a “wish list” for each Nye County community that submits items for inclusion in the document for things that could provide federal grants for that project.  

Paula Elefante explained this document is required by the Department of Commerce, Economic Development Administration.  It is a County document approved by the Commissioners.  This document allows for the County to pursue federal funding for items covered in the document.  Ms. Elefante noted some of the items requested by the Town would not make it on the CEDS list.  Paula Elefante stated that it is not a PAVED document and Town Board members are eligible to vote on this matter.

Frank Maurizio asked about items listed for approval in the Town of Pahrump item requests.  Mr. Balloqui responded to the questions.
Pahrump Town Board Meeting
March 10, 2009

Mike Darby asked which items would not make it on the list.  Paula Elefante replied that item numbers 2, 3, 7 would not be included; 10, 11 and 12 were very good, and 13 should be looked at for a feasibility study.  Ms. Elefante noted that it would be the County committee that will look at the items for approval.  If items are not in the CEDS document, funding may not be available.  This is not a PAVED action and that Mr. Dolan and Mrs. Parker do have the right to vote on this matter.

Item died for lack of a motion.

8.    Discussion and possible decision regarding review and approval of PAVED’s Quarterly Report (4th Quarter- 2008). (Action)
Frank Maurizio motioned to table this item until the next meeting.  Mike Darby seconded the motion.

Vote failed 2 – 2 – 1.  Nicole Shupp and Bill Dolan voted nay.  Vicky Parker abstained.

Motioned failed for lack of quorum vote.

The attorney advised that this item be heard at this meeting.

Frank Maurizio motioned to table until the next meeting due to lack of information on the backup.  Mike Darby seconded the motion.

Vote passed 5 – 0.

9.    Discussion and possible decision regarding approval of Resolution #2009-02 A Resolution to Establish Policy and Guidelines for Rules of Procedure at Pahrump Town Board Meetings (Action)
Vicky Parker suggested that #6 be changed to include “Town Employees” following “toward the Board, etc.  This would include anybody in the audience as well.  Bret Meich agreed that this could be added.

Bill Dolan suggested adding that the Board begin using comment cards as the Nye County Commission uses at their meetings, for people that want to speak on an agenda item.  Mr. Dolan asked that signage be made that speakers identify themselves, any organization they belong to, and/or place of residence.  The attorney suggested that an item concerning this be placed on another agenda so the public is properly noticed.  

Vicky Parker motioned to adopt Resolution #2009-02, establishing policy and guidelines for rules of procedure at Pahrump Town Board meetings with the addition to #6 of Town Employees.  

Motion died for lack of second.


Pahrump Town Board Meeting
March 10, 2009

Bill Dolan motioned to table this item to allow staff to do proper research and bring it back when properly ready with changes as noted.  Vicky Parker seconded the motion.

Nicole Shupp allowed ten minutes for public comment.  Vicky Parker read the Resolution.

Those commenting were: Rosemary Garrity, Rodney Comacho, Donald Cox, Dwight Lilly, Ron Savage, Pearl West, Patty Garrison, Patty Patterson
Bill Kohbarger called a Point of order as the CEDS document was brought up.  

Public comment continued with Norma Jean Opatik, John Koenig, Butch Clindenon, Wayne Holt, Donna Cox, Kelly Withers, Jeff Weist, Pat Kirby, Dave Stevens and Larry Sanford speaking.  

Vote passed 5 – 0.

10.    Discussion and possible decision regarding approval of Resolution #2009-03 designating Daniel McArthur as the Town’s External Auditor for Fiscal Year 2009-2010 and approving the proposed audit engagement letter. (Action)
Bill Kohbarger explained that this is a regular yearly resolution by the Town Board to approve the Town’s external auditor.

Vicky Parker motioned to approve Resolution #2009-03 designating Daniel McArthur as the Town’s External Auditor for fiscal year 2009-2010 and approving the proposed audit engagement letter. Bill Dolan seconded the motion.  

Vote passed 5 – 0.

11.    Discussion and possible decision regarding request for permission to seek bids for the sale of one (1) 250 gallon poli-water tank that is considered excess equipment.  (Action)
Chief Lewis requested permission to sell excess equipment as stated.   Bill Dolan clarified that this is going to bid to the public.  Chief Lewis noted that it is not considered emergency equipment and anyone can bid.  

Frank Maurizio motioned to seek bids for the sale of one 250 gallon water tank considered excess equipment.  Bill Dolan seconded.

Vote passed 5 – 0.

12.    Discussion and possible decision regarding the approval of Pahrump Town Ordinance #43 (Solid Waste and Recycling Franchise Ordinance) a) as written; or b) with changes as discussed: with an effective date after publication. (Action)
Vicky Parker noted the items revised from the previous writing of the ordinance and explanation of pickup service.  Mike Darby said he discussed provisions for snow birds with Pahrump Valley Disposal (PVD).  Mr. Kohbarger explained that PVD will work with them.  Bret Meich noted the
Pahrump Town Board Meeting
March 10, 2009

provision is addressed in Section 4(a).  Mr. Meich noted that the ordinance should be amended to change 21 days to 7 days pursuant to NAC 444.622 to comply with state law.  

Vicky Parker motioned to approve PTO 43 with changes as discussed.  Bill Dolan seconded the motion.  

People speaking under public comment for this item were: Amy Richardson, John Koenig, Bonnie Cristi, Butch Klendenon, Jeff Weist, Dwight Lilly, Kenny Bend, Rosemary Garrity, Wayne Holt, Carla Perkins, Bruce Culley, Robert Riley, Pat Patterson, Larry Sanford, Harold Grimaud, Norma Jean Opatik, Jodie Kelley, Donna Cox, Bill Richards, Pat Kirby, Judith Holmgren, Brenda Shrock, George Cosman, Christina Stern, Dave Stevens, Kelly Withers, Karen Laturneau, Donald Cox, Rolf Krause, and Gordy Jones.

Vote passed 4 – 1.  Mike Darby voted nay.

13.    Discussion and possible decision regarding the approval of Pahrump Town Ordinance #62 (An ordinance enacting criminal misdemeanor offenses for disorderly conduct and enumerating prohibited acts, penalties for violation, and other matters properly relating thereto) a)as written;  or b) with changes as discussed: with an effective date after publication.  (Action)
Vicky Parker stated that she spoke with Sheriff DeMeo and Captain Becht.  They said that ordinances 62 and 63 are enforceable as written.  Mr. Kohbarger noted that additions from the Sheriff and Captain have been included.

Vicky Parker motioned to approve Pahrump Town Ordinance #62 as written.  Frank Maurizio seconded the motion.

The ordinance title was read by Clerk, Vicky Parker for the audience.

Donna Cox and Jeff Weist spoke on this item.

Vote passed 4 – 1.  Mike Darby voted nay.

14.    Discussion and possible decision regarding the approval of Pahrump Town Ordinance #63 (An ordinance enacting criminal misdemeanor offenses on park property and enumerating prohibited acts, penalties for violation, and other matters properly relating thereto.) a)as written; or b) with changes as discussed with an effective date after publication.  (Action)
Mrs. Parker noted the only change prohibits glass containers.  

Vicky Parker read the title for PTO #63.  

Mike Darby noted that there were changes in Section B, Section C, and Section D.

Vicky Parker motioned to approve PTO#63 as written.  Frank Maurizio seconded the motion.
Pahrump Town Board Meeting
March 10, 2009

Public comment was made by Jeff Weist. Donna Cox, Amy Riches, Judith Holmgren and Pearl West.

Vote passed 4 – 1.  Mike Darby voted nay.

15.    Discussion and possible Town Manager Report. (Non-Action)
Bill Kohbarger reported that the TV Tower construction will start within the next four weeks and be completed in four to six weeks.  

16.    Town Board Member’s Comments. (Non-Action)
Bill Dolan commented that he would like to see more detail included in the backup.  He also asked staff for more speediness on requested tasks.  

17.    Consent agenda items:

a.    Action – approval of Town vouchers
b.    Action – approval of Town Board meeting minutes of February 24, 2009
c.    Action – approval of resignation of Al Balloqui from the Incorporation Advisory Board and Public Lands Advisory Board.
Bill Dolan motioned to approve consent agenda items a – c.  Mike Darby seconded the motion.

Vote passed 5 – 0.

18.    Future Meetings/Workshops: Date, Time and Location. (Non-Action)
A March 20th meeting at the Legislature was discussed.  All Board members were encouraged to attend.

19.    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).
Public comments were heard earlier at this meeting. (See Item 2.5)

20.    Adjournment.
Meeting adjourned at 10:30 p.m.


Respectfully submitted,



Vicky Parker, Clerk
Pahrump Town Board


/cw
 

 


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