Agendas & Minutes


March 25, 2008

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
MARCH 25, 2008

 


Agenda

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

2.    Discussion and decision regarding agenda items.

3.    Public Comment: Action may not be taken on matters considered during this period until specifically included on an agenda as an action item (NRS 241.020 (2)(C)(3).

4.    Advisory Board reports.

5.    Discussion and decision regarding Independence Day Celebration contract with Zambelli contract for fireworks in the amount of $25,000 to be held on July 5, 2008.  Laurayne Murray

6.    Discussion only regarding Nye Communities Coalition (NCC) Youth Organization presentation regarding the dangers of underage drinking.  Don Rust/Nikki Greb/Ella Dunn/Cynthia Darrow

7.    Discussion and decision regarding Sixth Annual Cinco de Mayo at Petrack Park on May 4, 2008.  Laurayne Murray/Paula Glidden or Kelly Buffi

8.    Discussion and decision regarding approval to acquire a used fire truck for an amount not to exceed $130,000, subject to inspection.   Scott Lewis

9.    Discussion and decision regarding selection of Fall Festival Beer Vendor Lottery.  Bob Irving

10.    Discussion and decision regarding Bid #2008-02 for service truck for Building & Grounds.  Town Manager/Matt Luis

11.    Discussion and decision regarding designation of Fiscal Year 2008 External Auditor Resolution #2008-05.  Town Manager

12.    Discussion and decision regarding Resolution #2008-06 authorizing the total credit limit for Bank of America credit card account to be increased from $15,000 to $50,000.  Town Manager



13.    Consent Agenda Items:

a.    Action – approval of Town Vouchers
b.    Action – approval of Town Board meeting minutes of February 26, 2008.
c.    Action – approval of Town Board meeting minutes of March 11, 2008.
d.    Action – approval of Incorporation Advisory Board recommendation to accept resignations of Billy Toller and Bob Irving and accepting the appointment of Al Balloqui and John Shea as members.
e.    Action – approval of Public Lands Advisory board members, Noel Smithers, Marvin Minnick, and alternate member Dorothy Smithers

14.    Future meetings/workshops; date, time and location.

15.    Adjournment.


A quorum of Nye County Commissioners may be present at any Town Board meeting but they will not take any formal action.

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

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

 


Minutes


PRESENT:                    ABSENT:
Laurayne Murray                Dan Sprouse
John McDonald                Don Rust
Nicole Shupp
Michael Sullivan
Carl Joerger, Attorney

1.    Call to order, Pledge of Allegiance, and Welcome.
Chairman Murray called the meeting to order and led in the pledge of allegiance.

2.    Discussion and decision regarding agenda items.
There were no adjustments to the agenda

3.    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).
Dave Stevens commented about the March 11, 2008 closed session.   Mr. Stevens said he felt there was a conflict of interest and ethics.  Mr. Stevens said there was a breech of loyalty.  Dave Stevens asked if anybody could justify going to the closed meeting and that the meeting should have been held in open public forum.  John McDonald responded that the newspaper article referred to was grossly in error. The reporter, or someone, assumed it was a meeting to discuss the collective bargaining agreement with the fire department.  That was incorrect and was never a matter of the discussion.  Mr. Joerger can verify that it was on a routine personnel matter.  

Mr. Stevens said it should have been an open meeting not a closed meeting.  Laurayne Murray stated that employees of any organization are entitled to privacy of their personnel discussions and are entitled to a closed session.  Mrs. Murray said that personnel issues are private matters and not public matters.  

Dave Stevens said that Mrs. Murray had a conflict of interest.  Laurayne Murray stated that her first call was to the Town Attorney.  Only those in the meeting know what the content of the meeting was.  The material was reviewed with the Commission on Ethics and determined there was no conflict with her attendance at that meeting.
 

Pahrump Town Board Meeting
March 25, 2008

4.    Advisory Board reports.

John McDonald reported that the Veteran’s Memorial Advisory Board is making progress on determining the recognition to provide to those people that contribute to the Veteran’s Memorial.  .  Mr. McDonald said they are working on changes to their organization.  


5.    Discussion and decision regarding Independence Day Celebration contract with Zambelli contract for fireworks in the amount of $25,000 to be held on July 5, 2008.  Laurayne Murray

Chairman Murray noted that this was carried over from the last meeting as there were questions regarding the services to be contracted with Zambelli versus those services that would be provided by the Town.  

John O’Brien explained that he has been shooting the show for seventeen years as a volunteer.  Nevada Law required changes in the way insurance policies were kept and the policies to protect the community.  Mr. O’Brien stated that all this time he has shot the shows at no cost to the Town and took offence at a comment made at the last meeting.  

With regard to the contract, Mr. O’Brien explained, he has taken care of the security, equipment, room and board for those who shoot the show, all transportation, at no expense to the Town.  The Town of Pahrump, the last few years, has only paid for product and shared in the cost of the insurance policy.
Last year the show cost was $57,200 with the Town paying $25,000.  Mr. O’Brien explained how this happens.  In response to a question of what the Town will be receiving, John O’Brien said he does not know until he picks out the fireworks and choreographs the music, how long the show will be.  The probability of the show being more than 20 minutes is good.  

Mr. O’Brien commented that a July 4th show is not shot for less than $35,000, although there are exceptions made for the community.  John O’Brien asked for $25,000 for assistance for this year’s Freedom Festival on fireworks.

John McDonald asked what the length of the show is for the program of shells previously presented by Zambelli.  John O’Brien replied he did not know and would not know until it is choreographed to music.  Zambelli provides a generic list of product without the choreographed show.  Mr. McDonald asked if the program provided equivalent to what was provided last year.  Mr. O’Brien replied that it is only a small part of what the Town had last year.  Mr. McDonald asked if

Pahrump Town Board Meeting
March 25, 2008

the show John O’Brien is planning to produce is a show equivalent to last year.  John O’Brien replied that he gave the Town over $25,000 last year.  He said he could not guarantee what he can get this year for the same amount or less.  Mr. O’Brien said the Town will get a $25,000 show and more.  

Carl Joerger asked if the contract with Zambelli is the same contract with the same information as provided in previous years.  Mr. O’Brien said it was.

John Mc Donald motioned to accept the proposal made by Mr. O’Brien for a fireworks display on July 5th, 2008.  Nicole Shupp seconded the motion.

Eva Scharf commented that she was pleasantly surprised at the great show in Pahrump.

Bob Irving commented that he was in full support of what John O’Brien is doing.  Mr. Irving said he has heard comments about whey have the fireworks on July 5th.  Bob Irving reminded people that the event is called the Freedom Fest and could fall on any day of the weekend around July 4th.  
    
Ron Daviou said he was the one who asked why the 5th and not the 4th.  He reminded all that the holiday was July 4th whatever day it happened to fall on.

Art Jones commented that the fireworks get better and better each year and John O’Brien does a great job with regards to safety.  

Vote passed 3 – 0

6.    Discussion only regarding Nye Communities Coalition (NCC) Youth Organization presentation regarding the dangers of underage drinking.  Don Rust/Nikki Greb/Ella Dunn/Cynthia Darrow

NCC Youth Organization, Nikki Greb and Cynthia Darrow provided a power point presentation entitled Take It Back.  This presentation provided much information and contained a lot of research regarding availability to youths with regard to under age drinking problems within the community.  Marketing, accessibility, and accidents statistics were included in their research.  The presentation included suggestions on how public events where alcohol is available could be restricted.

Laurayne Murray thanked the students for their work in obtaining their research data and information and including it into their presentation


Pahrump Town Board Meeting
March 25, 2008

7.    Discussion and decision regarding Sixth Annual Cinco de Mayo at Petrack Park on May 4, 2008.  Laurayne Murray/Paula Glidden or Kelly Buffi

Laurayne Murray explained that the Annual Cinco de Mayo event has been funded on an annual basis by the Tourism Advisory Board.  Mrs. Murray reported that this year it was determined that part of the grant is for the cultural event which comes from the Room Tax Fund and part is for advertising which will com from the normal Tourism Room Tax Fund.  

Chairman Murray noted that the whole amount previously came from the Room Tax Fund and this year the cost will be shared between the State Room Tax Fund for entertainment and the Tourism Room Tax Fund for advertising.

John McDonald motioned to approve the request for $3000 from the State Room Tax Fund for entertainment and $2000 from the Town Room Tax Fund for advertising.  Nicole Shupp seconded the motion.

Vote passed 3 – 0.  

8.    Discussion and decision regarding approval to acquire a used fire truck for an amount not to exceed $130,000, subject to inspection.   Scott Lewis

Chief Scott Lewis explained the Town has the opportunity to replace a twenty-six year old engine that did not pass its UL certification.  Research has been done over the past year to locate an apparatus to fit specific needs in Pahrump which would include a 1000 gallon water tank, 1500 gallon per minute pump.  Recently, they found an apparatus which is nine years old servicing a department in Delaware.  To further consider this piece of equipment, a 10% deposit is needed.  The total purchase price is $100,000 and Chief Lewis has recommended the purchase expenditure not to exceed $130,000 in the event the inspection is favorable.  This would allow for the transfer to Pahrump, have any inspection or service work done on the equipment and any modifications that might be required to meet the current fleet.  

Scott Lewis asked the Town Board for consideration to proceed with the 10% deposit.  The deposit is totally refundable if an agreement is not reached after the inspection, minus any travel costs associated with it.  The dealer is making the travel arrangements and hotel stay in Delaware.  The vehicle will be made available for the Chief to inspect and review service records.  

John McDonald asked how many miles were on the vehicle.  Chief Lewis replied that it has a stainless steel body with 46,000 miles on the truck.  The truck it will be replacing has over 117,000 miles currently.  
Pahrump Town Board Meeting
March 25, 2008

Laurayne Murray asked staff what funding this purchase would come from.  Michael Sullivan responded that it would come from the General Fund.  Mr.
Sullivan explained that the anticipated delivery could be close to the start of the new fiscal year.  It could be budgeted for on the new 2008/09 budget year.  Michael Sullivan noted that there are sufficient funds available in both funds.  

Scott Lewis added that they are anticipating with travel arrangements it could possibly be coming from the new fiscal year funds.

John McDonald motioned to approve $130,000 as requested by Chief Lewis for the purchase of the fire engine subject to his inspection and approve the $10,000 deposit.  Nicole Shupp seconded the motion.

Dave Stevens commented that it should be tested before purchasing.

Vote passed 3 – 0.

Chief Lewis thanked the Board and said he would have a full report for the first meeting in April.

John McDonald stated that he received a request from Don Rust who wished to have a nay vote recorded for the Zambelli fireworks motion and the fire engine purchase.  Mr. McDonald noted that the Town Board has no procedure for recording a vote in a members’ absence.  Mr. Rust asked that the record show he was opposed to both the Zambelli contract and the purchase of the fire engine.  Mr. McDonald said that the reason for this decision by Mr. Rust was that there were not sufficient funds to purchase a fire engine or to hire the crew necessary to man the fire engine.  The reason for voting against the Zambelli contract was that it was too non-specific.  

9.    Discussion and decision regarding selection of Fall Festival Beer Vendor Lottery.  Bob Irving

Bob Irving stated that he was sorry to have to bring this up after the presentation by NCC YO.  He said he appreciated the time and efforts put into their project.

Mr. Irving reminded the Board that the beer vendors for 2008 were selected last year.  Due to two of the participants dropping out for next year, two of the vendors were moved up to this year.  The beer gardens for 2008 will go to the Veterans’ of Foreign Wars (V.F. W.), the Pahrump Pow Wow and the Disabled American Veterans (DAV).  The beer gardens for 2009 will be Kiwanis Club, Southern Nye County AREA, Inc. (Amateur Radio Members), and Rural Communities Workforce Solutions of Nevada.  
Pahrump Town Board Meeting
March 25, 2008

Bob Irving added that if anyone is interested in the beer gardens for next year, the drawing for positions or locations will be held at the Fall Festival Executive Board meeting on April 7 at 3:00 p.m. at the Town Annex.

Laurayne Murray asked if the vendors will be entering into a contract.  Bill Irving replied they will be entering into a contact as soon as they show authorization that they have their beer license in hand.  

Laurayne Murray asked if any further action was needed by the Town Board.  Michael Sullivan suggested that memorializing the action would be more of a comfort to him.

John McDonald motioned to accept the selections as reported by the Chairman of the Fall Festival advisory board.  Nicole Shupp seconded the motion.  

Stacey Smith, Director of Nye Communities Coalition, commented that there are some things that can be done so adults can consume alcohol in a responsible manner, yet no access to youth.  Ms. Smith said she will work with Mr. Irving on this matter.  Ms. Smith informed the Board that wrist bands can be purchased for very little through NCC and can secure grant funds for the purchase.  They can also train the servers to increase the safety and fun for everybody.  

Laurayne Murray said she would like to see, as the vendors enter into their contracts, that a resolution be created for the Board in support of the cooperation with NCC to implement things to assist with control of the alcohol by adults.  A resolution would be a public statement by the Board to what NCC is doing.  

Laurayne Murray asked staff to put together some language for a resolution to bring back to the Board.  Michael Sullivan agreed and will work with Carl Joerger to put together a resolution.  Mr. Sullivan noted that the way things were handled in the past are changing and recommended an Memorandum of Understanding (MOU) with the vendors which will probably be met with some reluctance.  The Town will give the vendors time to reconsider if they choose.  

Vote passed 3 – 0.

10.    Discussion and decision regarding Bid #2008-02 for service truck for Building & Grounds.  Town Manager/Matt Luis

Matt Luis explained that he went out to bid as approved by the Board for a service truck for Building & Grounds.  Mr. Luis recommended purchasing the truck from Carson City.
Pahrump Town Board Meeting
March 25, 2008

John McDonald pointed out that there were no bids in the provided back up, only the bid information.  Laurayne agreed.  

Matt Luis stated that three bids were received and the Carson City Dodge Chrysler is the recommended bid.  Laurayne Murray explained that none of the bids were placed in the back up and cannot justify the selection.  

Michael Sullivan added that the decision was made on price that meet all of the requirements.  Mr. Sullivan suggested the Board can approve based on Mr. Luis’ recommendation based on the price as the variance was substantial, or we can table the Board’s decision to bring it back in April.  Michael Sullivan asked Mr. Joerger if he agreed that the prices are usually held for 30 days.  

John McDonald asked if this was the low bid.  Michael Sullivan said it was the low bid and met all the specifications.  Matt Luis added that there were 3 bids received; one did not equal the requirements asked for.  Mr. Luis said he called both companies for verification.  Carson City Dodge Chrysler was the one that matched the bid with the lowest of all the bids received.  

John McDonald asked if a bid was received from a local company.  Mr. Luis said he did, but the Carson City bid was much better.  

John McDonald motioned to accept the bid from Carson  City Dodge Chrysler as the most reasonable and responsible bid and approve purchase of the truck which is a 2008 Dodge Ram Heavy Duty 3500 with utility box truck as requested under RFP 2008-02 not to exceed $36,842 from General Fund, Building and Grounds Capital Outlay.  Nicole Shupp seconded the motion.

Art Jones commented that the bid was done and the price could go up if the Board waited for paperwork.  

Dave Stevens commented that he agreed to get the truck.  John McDonald clarified that the motion is to get the truck.

Vote passed 3 – 0.

11.    Discussion and decision regarding designation of Fiscal Year 2008 External Auditor Resolution #2008-05.  Town Manager

Michael Sullivan explained that the Town is required each year by the Department of Taxation to designate out external auditor for the next fiscal year

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March 25, 2008

and to notify them by the end of March.  At this same time we usually approve the engagement letter.  Mr. Sullivan noted in a memo that Dan McArthur has served
the community well and because of the Town’s relationship under the NRS’s with Nye County it is more efficient and reasonable that the Town retain Mr. McArthur.  His fees are very reasonable as well.  Michael Sullivan asked that the Board approve Dan McArthur as the external auditor for the fiscal year ending June 30, 2008 and approve the execution of his engagement letter.  The funds are budgeted in the General Fund and are appropriated.

Nicole Shupp read the Resolution 2008-05 due to the absence of Town Clerk Don Rust.

“A RESOLUTION DESIGNATING DANIEL C. McARTHUR LTD AS THE TOWN’S EXTERNAL AUDITOR OF THE FISCAL YEAR 2007-2008 AND APPROVING THE PROPOSED AUDIT ENGAGEMENT LETTER.”

John McDonald motioned to accept Resolution 2008-05 designating Daniel C. McArthur LTD as the Town’s external auditor for Fiscal Year 2007-2008 and approve the proposed audit engagement letter.  Nicole Shupp seconded the motion.

Vote passed 3 – 0.

12.    Discussion and decision regarding Resolution #2008-06 authorizing the total credit limit for Bank of America credit card account to be increased from $15,000 to $50,000.  Town Manager

Michael Sullivan stated that with the current interim situation authorized credit limits for the three department heads are to be $5,000.  When trying to implement that change it was found that 1996 was the last time a contractual arrangement was made with Bank of America.  This allows for a cap of total outstanding receivable to be $15,000.  There are three things that need to be accomplished.  One is that the Town would like to achieve higher levels for the managers to have the credit approval as agreed to by the Board.  Secondly, Mr. Sullivan explained, that due to the way cycle works it was discovered that the accounts payable process by Nye County, even though the credit card balances should be restored month to month, there is a two month lag before the payment is posted to Bank of America.  This does not allow for recycling the credit limit.  The third issue is that the number of transactions is large, but the amount being charged is small amounts.  Michael Sullivan noted that some of the credit authorization to purchase cards rather than have small checks issued for purchases that they do every day.  Currently, there are cards with small amounts for non managers for convenience and efficiency for making travel arrangement, registrations, etc.  Mr.
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March 25, 2008

Sullivan said he is pursuing looking into obtaining purchasing cards for employees that make daily small item purchases to expedite payments.  Each of the caps are monitored by management and the limits are set by card.  

John McDonald said he was hesitant to approve this amount of increase in the credit card limits.  Mr. McDonald noted that the Town has been cited by Dan McArthur, and he is concerned about the internal controls and noting that controls are weak in the county.  John McDonald said he was trying to see how raising limits would work to improve financial controls, or how the weakness is in financial controls. Mr. McDonald said he would be more comfortable if he had an approval or opinion from Dan McArthur that this is a wise move.  John McDonald said he understands what the problem is.  This large of an increase makes him nervous.  Mr. McDonald said he would not be nervous if something could be provided by Dan McArthur that his opinion the internal control weaknesses he cited do not make it too risky to have this much of a credit limit.  John McDonald said our internal financial controls are not very good and this much money out there makes him nervous and would prefer an opinion from Mr. McArthur.  

Michael Sullivan said that Mr. McArthur’s opinions regarding internal controls were not in this area, nor was it in the area of accounts payable.  It was in the area of accounts receivable.  Mr. Sullivan said he would be happy to have Dan McArthur review the request.  Michael Sullivan said it is not an uncommon practice in all the modern communities.  And although the amount appears to be tripling the current amount is an amount set in 1996.  Mr. Sullivan explained that each card does not get the use of the $50,000.  Limits have been set at $5000 for department heads and $2000 for the administrative staff that does work with purchases.  The others would be set at $1000.  Looking at two months, the total would be $40,000.  The amount is two cycles to get a payment from Nye County.  This is about the method of payment, not the authorization to purchase.  Mr. Sullivan explained that cards can be more traceable and contain merchant identification codes for safety.  

There was discussion concerning using the cards and the amounts used and the current ceiling on cards.  

Chairman Murray clarified that the proposal is to raise limits for the Town Manager, Finance Director, Building and Grounds Manager, and Fire Chief will be $5,000 each totaling $20,000 and it is being asked to put another $30,000 of available cash to everyone else.  Mrs. Murray said she has some concerns about having that amount on cards.  Laurayne Murray asked if the issue was the need for a higher limit that put just the department heads up to $5,000 and $10,000 for

Pahrump Town Board Meeting
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the Town Manager and if other departments need funding at a lower level, they would need to be identified.  Laurayne Murray stated she felt the amount was a bit
excessive but would prefer it stay under the authorization of management.  Michael Sullivan explained how the available limit is affected on a particular card user.  Laurayne Murray clarified how the limit on the account versus the limit on the card would work.  There was more discussion on the levels per cards and the people who have cards.  

John McDonald motioned to table this item until the next meeting and ask Mr. Sullivan to contact Dan McArthur for an opinion.  Nicole Shupp seconded the motion.

Vote passed 3 – 0.

13.    Consent Agenda Items:

a.    Action – approval of Town Vouchers
b.    Action – approval of Town Board meeting minutes of February 26, 2008.
c.    Action – approval of Town Board meeting minutes of March 11, 2008.
d.    Action – approval of Incorporation Advisory Board recommendation to accept resignations of Billy Toller and Bob Irving and accepting the appointment of Al Balloqui and John Shea as members.
e.    Action – approval of Public Lands Advisory board members, Noel Smithers, Marvin Minnick, and alternate member Dorothy Smithers

John McDonald motioned to accept the consent agenda items a through e.  Nicole Shupp seconded the motion.

Vote passed 3 – 0.

14.    Future meetings/workshops; date, time and location.

Laurayne Murray reminded the Board that budget workshops are scheduled for Thursday evening and Friday afternoon.  The Wednesday Budget meeting is being cancelled so meetings will begin on Thursday, March 27, at 7:00 p.m.  The meeting for Friday, March 28, at 1:00 p.m. will occur if needed.  

Michael Sullivan pointed out that the meeting for Friday is already posted for 7:00 p.m.  If the meeting would happen at 1:00 p.m. Dan Sprouse would have to leave by 2:00 p.m.  The meeting would have to start earlier.  Mr. Sullivan was concerned about the posting for the meeting which says 7:00 p.m. all three days.
Laurayne Murray explained that to have a meeting on Friday other than at 7:00 p.m. as posted, a notice would have had to be posted by 9:00 a.m. today.  It was
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Mrs. Murray’s opinion that the meetings would have to be scheduled as posted at this time.  Nicole Shupp suggested getting the meeting done on Thursday.  

It was agreed that the first meeting would be Thursday at 7:00 p.m.  If a meeting would be necessary on Friday, it will be announced at the Thursday meeting.

15.    Adjournment.

The meeting was adjourned at 8:50 p.m.


Respectfully submitted,








/cw


 

 


Backup

There is no backup posted for this meeting.