Agendas & Minutes


March 8, 2005

TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
MARCH 8, 2005

 


Agenda

There is no agenda posted for this meeting.

 


Minutes


PRESENT:
Richard Billman
Ed Bishop
Laurayne Murray
Paul Willis
Cristina Hinds, Attorney

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 REGARDING AGENDA ITEMS

Richard Billman asked that Item #31 (Discussion, action and decision regarding review of NRS 332.025 – Approval of expenditures by Town Board) be removed.

Paul Willis asked that Item #15 (Discussion, action and decision regarding Town Manager’s report concerning PVFRS Task Force recommendations) be removed.

There were no objections to these requests.

ANNOUNCEMENTS

Ed Bishop announced the following:

    Pahrump Regional Planning Commission will meet March 9 at 6:00 p.m. in the Hall;
    The Aviation Technical Advisory Board will meet March 10 at 10:00 a.m. in the Hall;
Mike McGuiness will be in Pahrump for a Town Hall Meeting on March 12 at 9:00 a.m. in Room B.  Assemblyman Rod Sherer should also be in attendance;
Regional Transportation Committee is scheduled to meet at 6:00 p.m. on March 14, in Room A;
Nye County Commissioners will hold their second meeting of the month in Amargosa on March 15 at 8:30 a.m.  There will be no teleconferencing at the Community Center for this meeting;
The Commissioners are scheduled to meet at 8:30 a.m. on March 16 for a PETT workshop in the Hall;
Fall Festival Parade Committee will meet on March 16 at 5:30 p.m. in the Town Annex;
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March 8, 2005

Nye County will hold a public forum concerning the Calvada Eye on March 16 at 6:00 p.m. in Room B;
Fairgrounds Advisory Board is scheduled to meet on March 16 at 7:00 p.m. in Room A;
Emergency Management and Homeland Security Advisory Board will meet at 7:00 p.m. on March 16 in the Annex;
Nye County Safety Committee will meet on March 17 at 10:00 a.m. in Room B;
Fall Festival Arts and Crafts Committee is scheduled to meet on March 17 at 7:00 p.m. in the Annex.

Jim Petell announced the following:

Nye County School District Board of Trustees will meet at 9:00 a.m. on March 11 at their District Office;
    Valley Electric Association Directors will meet at 9:00 a.m. on March 24;
Valley Electric Association will hold its annual meeting on March 25 in the Community Center.  Registration will begin at 6:00 p.m. and the meeting will begin at 7:00 p.m.

Sally Devlin announced that the Historical Society will meet at 6:30 p.m. on March 10 at the Museum on Basin Road.  

Ms. Devlin also announced that the Toastmasters will now be meeting the Pahrump Auto Mall at 6:30 on the first and third Wednesdays of each month.  

Laurence Baker announced that the Nye County Well Owners Association will meet on March 14 at 6:30 p.m. at the VFW on Homestead.  

PUBLIC COMMENT

Jim Petell commented on information regarding the Calvada Eye project, TriCore impact fees, and waste water and sewer district formation.  Mr. Petell also commented on the Desert Utilities application to the Public Utilities Commission.  

“GOOD NEWS”

Ed Bishop congratulated the Pahrump Valley High School Girls Basketball Team for winning the State 3A title for the second year in a row.  

DISCUSSION, ACTION AND DECISION REGARDING DEVELOPER AGREEMENTS FROM BEAZER HOMES, AND CONCORDIA PLEASANT VALLEY RECOMMENDATION TO NYE COUNTY BOARD OF COUNTY COMMISSIONERS



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Mr. Jon Field, representing various developers within the community of Pahrump said he was here to represent Delmar and Concordia in connection with their approved subdivision for 830 homes on 220 acres between Homestead Road and Oakridge, Kellogg and Thousandaire; also representing Beazer Homes for their approved subdivision for 586 homes on 170 acres near Squaw Valley and Mickey Street.  Jon Field proposed a discussion regarding their proposed development agreements with respect to Fire and Park issues. Mr. Field pointed out that the developers are aware that they share the mutual interest in creating a safe and secure and sustainable growth in the community.  Jon Field stated that they have made a heavy investment with the acquisition of land and development costs.  It is imperative to protect the investment and have built communities that have parks and other amenities that provide for fire and police services and to be sure the schools are not overly impacted.  Without these services they would lose money on their investment by not being able to sell their homes.  Mr. Field pointed out that two developers cannot solve all the existing problems that the community is now facing from the sins of the past.  The developers can pay their share and collectively contribute to the impacts and together grow out of the existing problems that the Town and County are facing.  Jon Field noted that this discussion concerns the development agreement to address things the Town has a stake in such as parks and fire department.  

Mr. Field reported that they have already met with representatives of the public services, Planning department, and will be going before the County Commissioners.  The process is, since the subdivisions approved, they have 120 days since submitting the development agreement to work out the aspect of the development agreement with the public services that will be impacted.  Jon Field pointed out that the development agreement was formulated based on initial meetings with representatives of those public services.  Attempts have been made to address the needs discussed in the development agreements.  Mr. Field said he was present to address the Town’s comments and work toward resolving the issues that face those public services.  

Jon Field stated that in order for the Board to better appreciate their impacts they need to put the Pleasant Valley (Concordia Delmar subdivision) and the Tesora (Beazer Homes subdivision) into context.  Mr. Field noted that relative to certain other developments that have already been approved and others that are coming, much larger developments, they are smaller and their impacts are much less than those larger developments.  Jon Field stated that Pleasant Valley is only one-tenth the size of Mountain Falls and Tesora is even smaller than Pleasant Valley.  Their subdivisions cannot be expected to solve all the problems of the past, but are expecting to pay their fair share and are attempting to do so in the development agreements.  Mr. Field noted that they are the first to come before the Board so he anticipates there is much talk of what will be presented in the development agreements and how they will help solve some of problems the community is facing.  Jon Field asked the Board to realize that they are just two developers among many that will be before the Board in the future.  Mr. Field pointed out that his firm is representing many of the developers and is interested is forming a strong relationship with the Town Board and work to address the problems in a straight forward manner.  


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Mr. Field said that Concordia will pay X for their impacts, Beazer will pay Y for their impacts and future developers will pay from A to Z for their impacts.  Collectively all the money coming through in the development agreements will, in the aggregate, solve some of the problems the Town is facing.  Impact fee legislation is very limited when your existing levels of threshold service is very low.  You can only charge impacts relative to your existing levels of services.  Jon Field stated that development agreements can kick start the whole system as they will infuse directly to those public services in cash and other resources that will help raise the threshold level of those services and then the impact fees can kick in which will allow sustainable growth as in other communities.  Mr. Field said he was here to discuss the specifics in the proposed development agreement and that we all share a vested interest in the parks and fire department service, not two developers can solve the problems of the past, and we all know that they can pay their fair share even though they are only one-tenth the size of certain developments already seen.  

Mr. Field referred the Board to Section 6 (Open Space, Parks and Public Facilities) of the development agreement provided as backup; lists the services the Town Board would be interested in are addressed.  Jon Field pointed out that the developers are attempting to work together so they can collectively contribute to the parks and the fire department and although the development separate document they are to be take collectively.  The subdivisions as approved have certain parks they have included in the subdivisions; certain amenities such as walking trails, gazebos, jogging parks, open fields for sports, etc. are already provided for in the subdivision.  Beazer is providing over three times the required park space.  The developers are giving parks that will not be private parks, although they will be privately maintained by Homeowners Associations of the subdivisions the parks will be open for the public.  Parks are being added to the community in that essence.  Concordia and Delmar are also providing for parks within their subdivisions at the levels required by the development standards.   Mr. Field said that in addition to parks, representatives of the Town said that money was needed to help in the maintenance of the existing parks.  Jon Field stated that impact fees cannot help with maintenance; you can only build facilities with them or acquire land, etc.  Mr. Field said he knows the Town is strapped for cash to maintain the existing parks.  Concordia, Delmar and Beazer have decided to maintain their own parks within their subdivisions, but at the same time they will be contributing cash on a per home basis to the Town to do with what they want.  The Town can do whatever they want with the money.  Jon Field said it works out to a considerable amount relative to the small nature of the subdivisions.  Mr. Field said they are proposing $50 per household at this point.  He also said that $50 per household will work out if looking at the Delmar and Concordia subdivisions to approximately $41,500 directly to the Town coffers to maintain parks.  Beazer will provide approximately $30,000 for their project as well.  Jon Field said they feel they are paying more than they feel they are impacting.  With all the other contributions the Town will be receiving through other development agreements with others should provide decent amount of sums to develop and maintain the parks.  

With regard to the fire department, Mr. Field stated that it is understood that at the Kellogg station, a living quarters is needed for the fire department.  The developers would like to buy a
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modular structure that has living quarters.  They will also pave the area in front.  At the same time they will contribute cash per household directly to the Town.  The expected amount is $200 per home totally over $160,000 which is a considerable amount of money they would be giving relative to their small subdivisions.  Comparing that to what other development agreements the Town will realize that these three developers are giving more than their share relative to their less than one-tenth size development.  

Richard Billman stated that his concern would be that Mr. Field keeps referring to the Town but the agreements refer to the County and the County has nothing to do with parks and fire service.  Jon Field said that is something they want to address.  The agreement is between the developers and the County but they would like to have it so the funds would flow directly to the Town.  This section of the agreement will have to be revised Mr. Field commented.  They are currently in the 120 days period to revise the sections of the agreement.  Jon Field said they are working with the fire department and attorney to work out a structure or framework where the money can flow directly to the Town so it does not have to go to the County first.  The agreement language says County because those are the interested parties.  The issue of parks and fire came up after the agreement was drafted and they are currently working on that issue.  

Richard Billman commented that he also had a concern regarding traffic signals in the area which the Town has nothing to do with.  Mr. Billman expressed his concerns regarding traffic signals at Thousandaire and Homestead.  Mr. Field said they are working with the public works department.  They are working on the traffic impacts.  Jon Field commented that they would like to focus on the development agreement with respect to the parks and fire department as that is what they are here for this day.  The traffic impacts are being addressed by the developers as they build out.

Paul Willis commented that according to the backup each development was on 170 acres.  Mr. Willis asked that the acreage be verified.  Mr. Field replied that Beazer is on 170 and Concordia Delmar is on 220 acres.  Mr. Willis asked how many homes were planned for each development.  Jon Field replied that for Delmar Concordia will be 830 homes and Beazer will 586 homes.  Paul Willis said the Mr. Field kept referring to the development that were approved in the past and pointed out that to this day no agreements have passed through the Town Board and only passed through the Commissioners.  Mr. Willis noted that Mr. Field referred to Mountain Falls as an example that his developments are one-tenth the size of that.  Paul Willis pointed out that the Mountain Falls agreement is very anemic compared to what it was when starting out.  Mr. Willis stated that the Town has more concerns than just the immediate concerns of parks and fire.  Paul Willis said the Town has a vested interest in the schools and law enforcement as well. Mr. Willis stated that the offers seen to those sources are real anemic also.  Paul Willis commented that if the developers were responsible for providing the services as discussed with the money amount they are offering they would not have the resources to man the services.  Mr. Willis stated that he feels that $200 per roof top is not adequate.  Paul Willis said he has a problem with the wording that each park will be provided or will have access to.  His experiences of the past said that after a year or two those spaced were built on and no longer available.  Having access to ownership
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may be public but will be owned privately.  Mr. Willis had problems with ambiguous words such as access to an open space.  

Jon Field responded that when access is stated and proving open spaces is stated they cannot take away the open spaces because their tentative map was approved with a certain amount of park space.  The developer cannot go back later and build on that park space.  The park space must remain park space.  Beazer is providing over three times the amount required by the development standards.  With respect concerning the $200 for fire, Mr. Field noted that $200,000 will not solve the Town’s problems but they are two small subdivisions relative to what is coming and what has already been approved.  These developments should be considered in a sea of other developers that are coming and all collectively contributing money Jon Field added.  With regard to the school board, these developments will be responsible for only 400 students across all grade levels.  They will be providing $1.2 million to the school in the $1,600 impact fee and $900,000 for Beazer totaling $2.1 million for 400 students.  This is a considerable amount of money to go to the impact on the school system.  Mr. Field said that there are others coming so they will be collectively pooling a lot of money.  

Mr. Willis agreed that they are not expecting these developers to pay for everybody else but they still need the coverage for their development and needs to be provided by them.  Paul Willis said they are the first tip of a flood that is about to hit Pahrump.  Mr. Willis commented that the Town will be setting precedence with this agreement.  If precedence is set where the Town is taking a beating, the Town will get thrashed.  The Town does not want to be in a position of setting precedence that the Town is behind the eight ball to start with.  Mr. Willis said that was his reason for being aggressive with this.  All these things are amendable but are amendable to the developer’s satisfaction and to State and Federal law.   Paul Willis said it is unfair to refer to other agreements or what has happened in the past.  The reason for being here is because of what has happened in the past and the Town does not want to set a dangerous precedence.  

Laurayne Murray asked regarding a statement that parks would be open to public access to any resident of Pahrump.  Ms. Murray said that is confusing to her because the language in the agreement states it is for the use of the residents of the planned community and jogging and walking paths and other apparatus designed to serve the residents of the planned community.  Ms. Murray said to her that it sounds exclusive which is acceptable to her if they are going to build it, supply it and operate and maintain it and does not have any impact on the community.  Laurayne Murray said the developer is going to pay for the whole thing and they would give the Town money to support developing parks surrounding the area so the people living in the planned community can also come out to the public parks and use them.  Ms. Murray said it does not sound like the language includes public access.  Ms. Murray commented on the fire station saying that she recommends Mr. Field do his homework on the Kellogg station because putting in living quarters is not the solution for the fire station.  Ms. Murray explained that the building itself is not useable due to lack of air conditioning, plumbing, heating and does not meet OSHA standards.  Lauryane Murray said it is a nice offer and there has been discussions concerning how to make the facility usable and adding living quarters will not make it workable.  Ms.
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Murray explained some of the recommendations of the PVFRS Task Force which proposed a plan to have a fire station at Homestead and Gamebird which would cover the Mountain Falls development.  The developments being discussed today are in a whole different neighborhood Ms. Murray stated.   The PVFRS Task Force plan has placed an $800,000 price tag on the Kellegg station.  Laurayne Murray agreed there will be other developments in the area who will be contributing and even if these developments being discussed today contributed half the cost and the others contribute half it is a more reasonable amount of money.  

Mr. Field responded to the park issue stating that it is primarily served for their community but it is not a gated community and will not be restricting people.  They will be maintained by the homeowners association but they are open space as required as part of the development standards.  Ms. Murray suggested the language should read that it is designed to serve the residents of the community and take out the word planned.  Jon Fields agreed and thanked Ms. Murray for clarifying the issues.  

Ed Bishop referred to the development agreement which states that the parks will be open and the public will have access.  Mr. Bishop asked if there was any guarantee that once the development is completed that the homeowners association cannot vote to not let the public use them anymore.  Jon Field replied that as drafted there is no provision concerning that.  That is something that should be addressed.  Mr. Field said he does not want to negotiate openly but he does want to hear what the concerns are from the Board.  

Mr. Bishop noted that the agreement refers to the County with regard to the fire station.  Ed Bishop noted that $200 on the issuance of the building permit for each residence in the planned community to the Nye County Fire Department for the sole and discretionary provisions of fire services to the County.  Mr. Bishop commented that if they are going to build in Pahrump and give money to the County, what would happen if they decide they need a new fire truck in Round Mountain more than in Pahrump.  Mr. Field replied that the language was improperly drafted and they want to change it.  

Ed Bishop said he also had a concern regarding the fire station in that a modular structure for $25,000 is inadequate.  Jon Field said they have done some research and will go back and reevaluate that.  

Mr. Field commented that by hearing the comments of the Board some issues have been flushed out.  Jon Field said he proposes that they go back to the drawing board and come back to the Board in a couple of weeks.  Mr. Field said he would confer further with Mr. Richards and see what can be addressed.  

Richard Billman said he felt happy that they were talking with the Board as it is more than others have done.


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Lauryane Murray added that she appreciates the negotiation being done with the County and that they excluded themselves from any future ordinances that might occur with the County but not from the Town.  

Paul Willis noted that Mr. Field was the first victim and added that the fees will be absorbed by the developers and will be passed on to the consumer.  Mr. Willis said he appreciated them coming to the Board and starting the dialogue as he is annoyed with the County Commissioners that the Town needs to get with them more  to let them know what the Town needs and to  have the voices of the Board heard.  

Jon Field commented that he is listening to what is happening as the Town goes through the growing pains and hope not to put the Town in the same positions they have been in the past.

Cristina Hinds asked if Mr. Field knew the date of the 120 day modification period expires.  Jon Field said he did not but would inform Ms. Hinds at her office.

Chuck Patti commented that he has not read the contract and only listened to the terms and has a problem with the term “per roof.”  Mr. Patti commented that a $25 million school is build to accommodate approximately 1600 students.  The developers say they will be bringing in approximately 400 students which is 25% and $2 million will not cover the 25% of $25 million.  

George Gingell commented that the developers are trying to low ball everything and they would not get away with this being passed in Las Vegas.  

Lawrence Baker commented that Las Vegas ended up with 4000 units in a proposed 8000 plan due to being impacted with $2000 per living unit.  Clark County has a sliding scale based on the size of the development and feels that is what is needed here.  Mr. Baker said he would not accept anything less than $500 per living residence of any facility in the valley.

Jim Petell commented on the figures presented by the developers and asked how many employees will that cover.  

DISCUSSION, ACTION AND DECISION REGARDING NYE COUNTY SCHOOL DISTRICT REQUEST TO ACQUIRE TOWN PROPERTY

Cameron McRae, Director of Transportation for the Nye County School District (NCSD) introduced Debbie Wescoatt, President of the NCSD Board of Trustees.  Mr. McRae explained that per the direction of the School Board the Town staff was approached with an inquiry as to whether the current property adjacent to the school district’s facility on Woodchips would be available for the NCSD to acquire to expand the existing bus maintenance facility and to allow for the movement of some other maintenance facilities from the community of Pahrump to that location.  Cameron McRae pointed out that the property where the bus facility is now located was a tax property that the Town purchased from the tax role and then allowed the NCSD to buy
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in 200/2001.  Mr. McRae noted that the balance of the five acres is contiguous to the south of the current bus facility.  Cameron McRae explained that with the growth of the student population and schools in Pahrump the District finds itself in the need for additional space.  The basic infrastructure is in place and a million dollar facility where approximately 50 bus routes are operated from every day.  The land totals approximately 5 acres and the NCSD would like to acquire the property for its growth.  

Paul Willis Motioned to make provisions for the Nye County School system to acquire property from the Town of Pahrump adjacent to the bus yard.  Ed Bishop seconded the motion.

Paul Willis asked what the intentions of the NCSD were and said he expected them to ask that the property be donated to them.  Debbie Wescoatt said that the School Board would gladly accept that.  Mr. Willis said he would like to open up that dialogue.  Mr. Willis said that there are some things that the Town wants that the NCSD has.  Paul Willis said he was approached to propose that since the Town has a shortage of green spaces that a deal could be worked out that the Town would have access to parks and playgrounds during the summer and weekends that belong to the school district and that an agreement can be worked out for access to them.  Mr. Willis said he wanted to amend his motion.

Mr. Willis stated that the Board did not get a legal opinion on donating the land.  Paul Willis said he assumed the property would be appraised and then donate it to the school district with future considerations.

Richard Billman stated that if there were to be future considerations that those be indelibly in writing.  

Ed Bishop said to be more specific on things that the NCSD has that the Town needs would be ball fields at the high school, soccer field at Hafen Elementary, and basketball courts.  Mr. Bishop added that the Town is jammed for ball fields.  There are more leagues and players than there are fields.  If the Town could use fields at the schools and have access to the playgrounds to take pressure off existing parks and their equipment are the things he would be interested in talking about.  

Cameron McRae stated that in his position he is unable to speak about the policy of the District but would allow the President to do so.  

Debbie Wescoatt stated that should the Town of Pahrump like to negotiate that if something was put in writing that it can be placed on the NCSD Board’s agenda and have that discussion.  

Ed Bishop said he would be interested in doing something like that but it would take a couple weeks to prepare.  Richard Billman said he would like to see Matt Luis (Building and Grounds Manager) involved.  Mr. Bishop agreed and suggested that an opinion from Ms. Hinds would be necessary.  
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Paul Willis said he would want to have the community look kindly on the Town Board that we care about our kids in the schools.  The money is needed but we want to build the community as well.

Debbie Wescoatt stated that as one School District Board member to the Town Board she would have to say that she would have to have a letter from the Town of Pahrump stating their intentions and place it on the School Board agenda for discussion and get back to the Town.

Ed Bishop withdrew his second to the motion.  

Paul Willis amended his Motion to gift the School Board those parcels of land described in the agenda item contingent on the Town Board coming up with an agreement palatable with the School Board and the Town Board.  And that we will bring to the next School District meeting on approval.  Ed Bishop seconded the motion.

Debbie Wescoatt said the Town should be aware that there are seven people on the School Board and they may not all have the same consideration because they do have insurance issues and up keep and maintenance.  Paul Willis stated that the gift of the land will be a good enough enticement, maybe.  And if not, we are not any further back than we are now.  

Ed Bishop said if they say no we can bring it back to the Town Board and do it again.

Ed Bishop clarified the motion by stating that it is contingent on an agreement between the Town and the School Board that is acceptable to both for the Town to have use of school properties.  The letter will be drafted and taken to their next meeting.   Ms. Wescoatt noted that their next meeting is March 24 in Beatty.  Laurayne Murray noted that the next Town Board meeting is March 22 and the letter should be presented and discussed by the Board for a vote whether it is acceptable or not as an offer on our side.  Debbie Wescoatt stated that the meeting will be video conferenced at the School District Office so if the Board wanted to make a presentation they would be welcome to.  

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION RGARDING ACCEPTANCE OF RESIGNATION OF JEANNA HOWARD

Ed Bishop Motioned to accept the resignation.

Laurayne Murray said she does not believe the resignation has been presented to the Board.  Richard Billman said the Board did not get one, but, none the less, the Board still has to acknowledge it.  

Paul Willis seconded the motion.  
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Vote passed 4 – 0.

ELECTION FOR REPLACING VACANT POSITION(S) ON THE TOWN BOARD

Laurayne Murray nominated Ed Bishop for Vice Chairman.  Paul Willis seconded the nomination.  

Vote passed 3 – 0 – 1.  Ed Bishop abstained.

Ed Bishop nominated Paul Willis for the Clerk position.  

Paul Willis declined the position.

Ed Bishop withdrew his nomination.

Ed Bishop nominated Laurayne Murray for the Clerk position.  Paul Willis seconded the motion.

Vote passed 3 – 0 – 1.  Laurayne Murray abstained.

DISCUSSION, ACTION AND DECISION REGARDING TOWN BOARD MEMBER REPLACEMENT

Richard Billman said the Board needs to notice the newspaper and suggested that all applications submitted by April 1.  This will allow the Board time to review the applications before the April 12 meeting.  

Paul Willis clarified that the Town Board has a resolution on how these are processed.  Richard Billman said they do.  The normal process would be to send up to three names to the Governor and the Governor then chooses one of the three.  

Ed Bishop Motioned to advertise for the vacancy on the Town Board in the local newspaper: all applications to be submitted no later than 5:00 p.m. April 1, 2005.  A committee of two consisting of Paul Willis and Laurayne Murray to review the application and have them bring forward the best three or four to the first Town Board meeting in April.  Richard Billman seconded the motion.  

Vote passed 4 – 0.

Cristina Hinds referred to Item #7 regarding the property for the NCSD and noted that it would be on their April meeting due to when the School District back up is due.  It will be on the next available School Board agenda.  


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APPOINTMENT OF LIAISON PROSITIONS LEFT VACANT BY RESIGNED TOWN BOARD MEMBER

Richard Billman noted that he will be replacing liaisons positions that are now left open.  These positions will be reshuffled when a fifth board member has been assigned.  

Emergency Management and Homeland Security Advisory Board – Paul Willis
Fall Festival    - Paul Willis
PVFRS Advisory Board – Laurayne Murray
Regional Planning Commission – Lauryane Murray is recommended (must be appointed by the County Commission
Nye County Federal Impact Advisory Board – Ed Bishop

All agreed to these changes.

UPDATE OF 5TH ANNUAL PAHRUMP CLEAN UP

Patricia Cox presented an update and time schedule for the upcoming Pahrump Clean up day on May 7, 2005.  Ms. Cox explained that when letters are sent to the organizations they would like to include the Town logo or use the Town stationary.  

Ms. Cox stated she needs a letter from the Town for donations as there are commitments from local stores that a letter is needed for.  The Chamber of Commerce is helping to organize volunteers and is the contact number.  

The time of the event will be from 7:00 a.m. until 4:00 p.m. on May 7, and will be home based at the Pahrump Annex Building.  The clean up will be covering 90 miles of Pahrump roads.  

DISCUSSION, ACTION AND DECISION REGADING DATE FOR QUARTERLY MEETING OF NYE COUNTY BOARD OF COUNTY COMMISSIONERS AND PAHRUMP TOWN BOARD

County Commissioner Patricia Cox pointed out that this was discussed a while back.  Dave Richards has sent out emails requesting suggestions for items to be discussed.  Ms. Cox asked that a meeting be set up the fourth week in March to begin dialogue to address issues and have more input on where the needs are.  

Dave Richards said he spoke with Mr. Maher regarding a potential date that could continue and quarterly meeting were discussed.  Mr. Richards noted that their discussions included the hopes that the meeting would be conducted during the day but no time was suggested.



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Patricia Cox suggested March 31 at 10:00 a.m.  Ms. Murray explained that the two liaisons are Paul Willis and Laurayne Murray and each quarter the members would rotate so each quarter there would be a different two members.  Ms. Cox noted that there are only two members from each board so the meeting need not be posted and there should be no quorum issues.  The location decided upon was at the Commissioner’s office for the meeting.

DISCUSSION, ACTION AND DECISION REGARDING RESOLUTION #2005-10 – APPPROVING APPLICATION FOR AND ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM GRANT FOR PAHSE II, ENVIRONMENTAL ASSESSMENT FOR THE (NEW) PAHRUMP VALLEY AIRPORT

Charlie Gronda, Volunteer Airport Planning Director, explained that in August 2003, the Town received a grant for Phase I of the planning of the airport.  Mr. Gronda noted that we are now going for the second phase.  Phase I is still in the works, Mr. Gronda stated, but it may take a year or two to get the Phase II grant approved through the Federal Aviation Administration (FAA).

Charlie Gronda read Resolution 2005-10 as follows:

A RESOLUTION APPROVING THE APPLICATION FOR AND ACCEPTANCE OF A FEDERAL AVIATION ADMINISTRATION AIRPORT IMPROVEMENT PROGRAM GRANT FOR PHASE II, ENVIRONMENTAL ASSESSMENT, FOR THE NEW PAHRUMP VALLEY AIRPORT.

Mr. Gronda stated that this is only a planning grant and is not to build an airport.

Charlie Gronda continued:
    
    Whereas, the Town of Pahrump is submitting an application for an FAA Airport Improvement Program grant for Phase II, Environmental Assessment, for the new Pahrump Valley Airport totaling $500,000.  The FAA Airport Improvement Program grant request will be for $475,000 (95% of total project).
Whereas, Charles Gronda will remain as a volunteer on the project and provide in-kind services for the Town’s local matching share for the grant.

Mr. Gronda stated that it would be for the $25,000.  The Town will not have to put any money into this grant.  

Continuing with the resolution, Mr. Gronda read:

    Now, therefore bit it resolved:
    Section 1.    That the Town Board authorized the submittal and acceptance of the FAA Airport Improvement Program grant.
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Section 2.    That the Town Board does hereby authorize David Richards, Town Manager, to sign any documents required to apply for and accept the FAA Airport Improvement Program grant on behalf of the Town of Pahrump.

Ed Bishop asked Mr. Gronda to confirm that this will not cost the Town any money.  Charlie Gronda replied that is correct.  Mr. Gronda said he is volunteering his time and expenses to do this project for as long as he lives.  

Ed Bishop Motioned to accept the resolution for discussion.  Laurayne Murray seconded the motion.

Art Jones asked who is the sponsor and the Town ended up being the sponsor previously.  Charlie Gronda replied that the Town is the sponsor.  Mr. Jones asked about the $25,000.  Mr. Billman explained that the $25,000 is Mr. Gronda’s salary which he is donating.  Laurayne Murray added that it is an in-kind contribution meaning he is providing services instead of money.  Art Jones said he was asking the question to Mr. Gronda, not Ms. Murray.  Laurayne Murray explained that she thought the questions were being asked of the Board and she is the liaison to the Airport Technical Advisory Board and does have information concerning it.  Mr. Jones replied to Ms. Murray that Mr. Gronda can speak for himself.

Charlie Gronda explained that the $25,000 is a figure and is not actual money but in paperwork.  Mr. Gronda stated that he keeps a time sheet and documents all that he does in this capacity.  This grant will not come into effect until the grant is received.  

Art Jones stated that in the grant application on page 12, item 30, states “assure that no person shall,…… be excluded from participating in any activity conducted…..” on the building of the airport which is federal money.  Mr. Jones noted that no one from the Town was asked to be on this committee for the airport.  Charlie Gronda responded that the committee is a technical board with people that have backgrounds that can help the people to know what to look for and things that might come up that may interfere with what they are doing.  Mr. Gronda said this is not a catch all committee.  

Cristina Hinds stated that when this first came about, Mr. Gronda signed a contract in that he agreed that he would never accept compensation for this task.  

Vote passed 4 – 0.  

SECOND READING OF REVISED PAHRUMP TOWN ORDINANCE #46 – PROHIBITING THE INCORPORATION OF ANY AREA OF THE TOWN OF PAHRUMP THAT DOES NOT INCLUDE THE ENTIRE AREA OF THE TOWN.



Pahrump Town Board Meeting
March 8, 2005

Laurayne Murray read the title of the proposed ordinance:

AN ORDINANCE PROVDING THAT IF PETITION FOR INCORPORATIONO OF ANY AREA WITHIN THE UNINCORPORATED TOWN OF PAHRUMP IS FILED, SAID PETITION SHALL INCLUDE THE ENTIRE AREA OF THE TOWN AND MUST BE PLACED ON THE BALLOT IN A MANNER AS TO AFFORD THE OPPORTUNITY OF EVERY ELIGIBLE VOTER IN THE UNINCORPORATED TOWN OF PAHRUMP A VOTE IN THE GENERAL ELECTION IMMEDIATELY FOLLOWING THE RATIFICATION OR CERTIFICATION OF THE SAID PETITION BY THE PROPER AUTHORITY; PENAL TIES; REPEAL OF CONFLICTING AND PRIOR ORDINANCES; SEVERABILITY; EFFECTIVE DATE; AND OTHER MATTERS PROPERLY RELATING THERETO.

There was no public comment for this item.

FIRST READING OF PAHRUMP TOWN ORDINANCE #47 – ADOPTION OF INTERNATIONAL AND UNIFORM FIRE CODE – ORDINANCE #47

Laurayne Murray read the following:

AN ORDINANCE ADOPTING THE 1997 UNIFORM FIRE CODE AND THE 2003 INTERNATIONAL FIRE CODE; SEVERABILITY; EFFECTIVE DATE; AND OTHER MATTERS PROPERLY RELATING THERETO.

There was no public comment for this item.

FIRST R4EADING OF PAHRUMP TOWN ORDINANCE #48 – CREATING FIRE INSPECTIONS FOR BUSINESSES

Ms. Murray read the following title.

AN ORDINANCE CREATING FIRE INSPECTIONS FOR EVERY BUSINESS LOCATION; PENALTIES; REPEAL OF CONFLICTING AND PRIOR ORDIANCES; SERVERABILITY; EFFECTIVE DATE; AND OTHER MATTERS PROPERLY RELATING THERETO.

There was no public comment at this time.

DISCUSSION, ACTION AND DECISION REGARDING MUTUAL AID AGREEMENT WITH NYE COUNTY FOR FIRE, EMS AND HAZARDOUS MATERIALS

Dave Richards explained that this is an agreement between the Town and Nye County for fire, EMS and hazardous materials.  This has been discussed with the appropriate departments at the
Pahrump Town Board Meeting
March 8, 2005

County level.  Mr. Richards asked that the Town Board take action by approving this agreement; the action will be forwarded to the County Commissioners to see if they will respond.

Laurayne Murray Motioned to approve the mutual aid agreement with Nye County for fire, EMS, and hazardous materials.  Ed Bishop seconded the motion.

Vote passed 4 – 0.

TOWN MANAGER’S REPORT

Dave Richards reported that related to Item #15 of the agenda (removed) that an opinion has been requested of the State Tax Commission regarding the revenue that would be generated by the subject NRS (NRS 269.255) and Mr. Ambrose has agreed to request an interpretation from the Attorney General’s office.  Mr. Richards noted that the Town is unable make that request although he is.  Dave Richards said since the time of the request he has received an opinion from the Town Attorney that rather than clarifying, the Nevada tax law is convoluted.  Mr. Richards said there seemed to be a number of approaches to determining the taxes that would be generated.  This will be a task beneficial for all public officials in the Town of Pahrump once it is accomplished.  

Mr. Richards reported that there are at least two proposals from other collection agencies that he will be forwarding a recommendation to the Board at the next Town Board meeting.

Dave Richards reported that the ISO rating action plan draft has been prepared and expect to bring it to the Town Board in April.  

Mr. Richards reported that we are still waiting for the rapid response vehicles to be delivered.  It is believed they will be delivered in March.  The ambulance purchased with federal appropriation by Senator Reid through the County has been delivered.  Dave Richards encouraged the Board to stop by and see the apparatus to see what $100,000 will buy.  

Dave Richards reported that budget preparations for 2005/2006 have begun.  The dates for the Town Board workshops are March 28 – 30, beginning at 6:00 p.m.  

Laurayne Murray asked Mr. Richards about the RV Park ordinance.  Mr. Richards said that there remains to be some questions that prohibit the Town from enforcing it at this point.  The original ordinance did what we thought we wanted it to do, upon enforcement there were some questions asked and we are unsure of the right answer at this point.  Ms. Murray asked if it was a legal issue and is Ms. Hinds working on it.  Dave Richards replied that it is a legal issue.  

Ed Bishop pointed out an item that indicates a potential to impose a ¼% sales tax being researched and is a County wide tax and will require the County Commissioners to approve.  Mr.

Pahrump Town Board Meeting
March 8, 2005

Bishop asked that this item be discussed at the joint meeting scheduled for March 30.  Mr. Richards replied that it does require the Town Board to direct or request that it be imposed.  

ADVISORY BOARD REPORTS

Jim Petell, Public Lands Advisory Board, reported that the Last Chance Park recreation area some of the points are being disseminated in a fashion that makes the park into a 10,000 acre park.  Mr. Petell reported that the park initially 640 acres per MaryEllen Giampolia’s recommendation to the Town.  In addition, each year following, 640 acres will be asked from the Bureau of Land Management to be included into the park.  The park will entertain a cowboy action shooters range for the public.  Other items of continuing work for this advisory board are the veteran’s cemetery and possible clean up of the shooting range on Bell Vista every six months.  

Ed Bishop reported that the Tourism Advisory Board met and has started to work on their budget for next year.  Presentations were heard concerning the Pahrump Social Pow Wow, Pahrump Invitational Bull Riders Only Rodeo regarding requests for funding.  Those requests should be on the next Town Board agenda.  There was discussion regarding a request to attend the Rural Round Up in West Wendover, Nevada, April 13-15.

Paul Willis reported that the Nuclear Waste and Environmental Advisory Board is continuing their work on the Earth Day event.  

Sally Devlin stated it was an utter disgrace that the Nuclear Waste Board is doing Earth Day.

Richard Billman called a point of order.  This is not an advisory board report and the agenda item states.  

DISCUSSION, ACTION AND DECISION REGARDING LETTER OF RECOMMENDATION FROM PAHRUMP TOURISM ADVISORY BOARD TO FUND UP TO $2,000 TOTAL TO SEND TOURISM ADVISORY BOAD MEMBERS TO THE ANNUAL NEVADA COMMISSION ON TOURISM RURAL ROUND UP TO BE HELD APRIL 13 – 15, 2005 IN WEST WENDOVER, NEVADA

Karen Spalding noted that an expense summary has been provided in the back up material.  The amount is a preliminary amount of $1,482.66 if everyone would choose to attend.   Ms. Spalding stated that member Riley Young expenses are being paid by Saddle West.  Karen Spalding gave a history of the attendance in the past and how they network with others by attending this event in the past.  The Rural Round Up was held in Pahrump last year.  Karen Spalding asked that the Board approve the Tourism Board attending this conference.  

Ed Bishop Motioned to approve authorization.

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March 8, 2005

Mr. Bishop asked if the money is needed upfront or reimbursed after the event.  Karen Spalding said a certain amount is needed so it is needed up front.  Mr. Bishop confirmed that $1,482 is the amount needed.  Ms. Spalding agreed.

Ed Bishop Motioned to authorize and get the $1,500 for the Rural Round Up.  Paul Willis seconded the motion.  

Mr. Bishop asked if $1,500 would cover the expenses.  Karen Spalding replied that was the budget.  

Paul Willis asked if it included all the members of the advisory board.  Ms. Spalding replied that the list includes all current members.  Mr. Willis said he had concerns that the Open Meeting Law could be violated and they must be very careful to avoid a quorum.  Karen Spalding replied that that issue had been addressed and understands the concern.  Paul Willis asked if any of the people are members of the Chamber and is the Chamber paying any of the expenses.  Ms. Spalding said she was unsure.  Karen Spalding noted that in the past a Town Board member has also attended as well as one or two Commissioners.  Mr. Bishop replied that he had scheduling conflicts so he would be unable to attend.  Ed Bishop asked if Laurayne Murray would be interested in attending.  Ms. Murray replied that she would like to attend.  

Ed Bishop amended his Motion give them a check for $2,000 and bring back receipts and any cash left over.  Paul Willis seconded the amended motion.

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION REGARDING MEMBERSHIP TO PARKS AND RECREATION ADVISORY BOARD

Ed Bishop reported that Matt Luis and he met with the nine applicants for this advisory board.  The original motion was to put together a five member board with two alternates, Matt Luis and Ed Bishop would be non voting participants.  Mr. Bishop named the five regular members in alphabetical order:  Oscar DeMasi, Christian Johnson, Clayton Payne, Michael Poulter and Dury Thompson.  The two alternates being recommended are Audrey Gouley and Maureen Reicher.

Ed Bishop Motioned to approve those members.  Richard Billman seconded the motion.

Vote passed 4 – 0.  

DISCUSSION, ACTION AND DECISION REGARDING RESOLUTION #2005-08 TO ACCEPT AUDIT ENGAGEMENT LETTER AND APPOINT AUDITOR FOR 2005



Pahrump Town Board Meeting
March 8, 2005

Ed Bishop Motioned to approve.  Richard Billman seconded the motion.

Vote passed 4 – 0.

DISCUSSION, ACTION AND DECISION REGARDING COMMUNITY CENTER POLICY ALLOWING ANIMALS N THE CENTER – RESOLUTION #2005-09

Paul Willis Motioned to approve Resolution #2005-09.  Richard Billman seconded the motion.

Ed Bishop commented that this item has been looked approximately six times.  Paul Willis commented that this is the original.  Mr. Bishop said he has a problem with the reservation as it reads “with the exclusion of governmental agencies, the center may not be reserved for more than four events in advance.  However, another four events may be scheduled six weeks prior to the last event the group has reserved.”  Ed Bishop said he would feel more comfortable if it said that six weeks before their fourth event, or third event, they can reserve one more.  Six weeks later they can reserve one more.  Mr. Bishop said he has a problem with giving them blocks of four at a time as it shuts out too many opportunities for too many other people.  If they had four and they did it after their third meeting they would have a queue of three and Mr. Bishop said he would feel more comfortable with that.  It puts them dependent on whether someone else has picked the day or not.  It will give them six weeks advance notice.  After the third event it would give them twelve weeks to know.  

Cristina Hinds commented that as long as whoever has already booked it as long as the changed portion takes effect after the group has used it and left.

Richard Billman asked for a clarification from Ed Bishop with regard to the wording.  

Paul Willis withdrew his motion.

Ed Bishop Motioned to adopt Resolution #2005-09 with the following changes: In the paragraph with the exclusion of governmental agencies the center may not be reserved for more than four events in advance and changing the next line; however, another event may be scheduled six weeks prior to the third event that the group has reserved and they can schedule events every six weeks thereafter.  They can come in and try to schedule events.  Their scheduling would be based on a first come first serve basis.  If someone else already has it reserved for that day then somebody else has already got it.  That would give them six weeks before their, if they have four, six weeks before their third event they can apply for another event.  Richard Billman seconded the motion.

Trudi Broadhead asked if it was saying that not one group or organization can reserve the building for one day per month.  Laurayne Murray replied that they can do it for four events.  Ms. Murray clarified that they can come in and make a reservation they can reserve four events in advance.  Prior to the third event, which still gives them the fourth event, they can add one
Pahrump Town Board Meeting
March 8, 2005

more.  Ed Bishop explained that a group can come in January, reserve January, February, March and April.  Six weeks before the March event they can reserve May.  

Vote passed 3 – 1.  Laurayne Murray voted nay.  

Cristina Hinds confirmed that this does not apply to anyone already confirmed for this year.  Mr. Billman agreed.  Laurayne Murray asked if Ms. Hinds was referring to an effective date.  Ms. Hinds said she wanted to be sure this did not apply to the outstanding reservations.  Ed Bishop replied that the effective date on any new reservations would be today.  Outstanding reservations would be left.
DISCUSSION, ACTION AND DECISION REGARDING REIMBURSEMENT TO SOUTHERN NEVADA RABBIT BREEDERS ASSOCIATION

Dave Richards reported that the Rabbit Breeders Association has represented that they had a loss of $1,051.35 as a result of Town Board action related to reservations of the Community Center.  Mr. Richards stated that it is his recommendation that they be reimbursed for amount they represent they have lost.  

Paul Willis Motioned to approved reimbursement to Southern Nevada Rabbit Breeders Association in the amount of $1,051.35.  Richard Billman seconded the motion.

Ed Bishop commented that in looking at the back up provided by the Association their expenses for February were $553.35 and their income was $1,117.00.  Mr. Bishop pointed out that that indicates approximately $650.00 profit rather than a loss.  Mr. Bishop continued saying he finds it hard to compare one month to the month immediately before and only one month out of an average period.  Ed Bishop stated that he left the meeting in January assuming the Association had been told by Ms. Howard and Mr. Richards to use the community center for their next meeting.  They changed to the Nugget of their own free will.  Mr. Bishop said he was not sure what they were told by legal staff as he became ill right after that meeting.  Ed Bishop said he understood how the increase in cost for a show catalogue and the increase in postage, but it shows the group actually made money on the show.  Mr. Bishop added that if they made $600.00 he does not know how they could be asking for $1,000 that they lost.

Chad Broadhead responded that for that particular show they did have permission to use the community center, they were told to do their advertising and could use the facilities.  However, at the next Town Board meeting they voted it down after they already approved it.  They then had to redo their mailings and send notification two and a half weeks prior to their show.  Mr. Broadhead said they then had to rent the tent at the Nugget.  It was not the decision of the Association, but a decision of the Town Board not to change the resolution to let the Association back in.  It was a 2 – 2 tie vote.  Chad Broadhead stated that in the cost of that with the mailings and the amount of exhibitors that said they would not come to our Town to show their rabbits in a tent, we lost over half of the show.  Mr. Broadhead said they have a report for their March

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March 8, 2005

show held at the community center that shows how much more they made over the month they did at the Nugget.  That is the reason they are asking for the reimbursement.  

Laurayne Murray asked what their profit was in the March show.  Chad Broadhead replied their profit was $799.35 over and above all of their expenses.  It compared to the month prior (January).  Ms. Murray confirmed that the February show profit was $564.35.  Mr. Broadhead replied that they made a profit with the show but the expenses were more.  Chad Broadhead noted that they lost all that was accumulated before that.  It shows a profit but comparing all the months together they lost due to the change of the facility.  Laurayne Murray asked if that in January they made $1,615.00, in February they made $564 and in March they made $799.  Ms. Murray pointed out that they profited at every show.  Ms Murray asked if they are asking the Town Board to subsidize the Association for an additional $1,000.  Laurayne Murray noted that every business that comes and does a show may or may not make money and the Rabbit Breeders are one of the fortunate ones that do.  Others do not ask for the Town to subsidize their shows.  Ms. Murray said she understands the additional cost for having to hold the show at another location but she does not believe the Town should subsidize $1,000 when they are profiting off the show where ever it is held.  

Mr. Broadhead responded that it is not a true profit if the Board would look at what the group had to spend and what was lost in entry fees, etc., due to the change.  Laurayne Murray said she is looking at the numbers provided.  The income was greater than the expense; therefore, it was a profit.  

Kaylynn Hatton, Secretary for the Rabbit Breeders Association, explained that the cost of using the community center is $75 compared to the cost of the Nugget which was an additional $352 to rent the tent.  Ms. Hatton said that the extra expense for the show catalogues and flyers cost an additional $27.35 and postage an additional $37.  Kaylynn Hatton added that there was a loss of entries because people did not want to come to a tent and for the youth show was $90.25 lost and for the other shows the loss was $519.75.  Ms. Murray clarified that the information Ms. Hatton was giving was the difference between the January and February shows.  Laurayne Murray added that any business that is running shows periodically will have ups and downs in their shows.  If comparing the March show held at the community center compared to the January show there was a loss as well.  Ms. Murray asked if they wanted to be subsidized for that show as well.  Ms. Murray said she understands the difference in expenses because of the displacement, but the difference in the show income, for whatever reason that might be, you are asking the Town to supplement an existing profit by $1,000.  Ms. Hatton replied that it is not a profit.  Everything that comes into the club is for expenses only.  Nobody makes any money and nobody gets paid for their work.  The club pays for the judges, their airfare and the supplies to get things going and that is where the money goes.  Lauryane Murray said she was only looking at the numbers provided which does not take into the additional expenses.  

Chad Broadhead said that expenses due to the Town Board changes were $416.35.  Ms. Murray said she can understand that.  Mr. Broadhead stated that from the people that already entered
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March 8, 2005

their animals, money that was to be received due to the change, people scratched their entries and did not come.  The last show was slow due to people not knowing where the show was going to be held.  

Ed Bishop stated that the Secretary gave a quote on the income amount for the youth show in March.  Mr. Bishop asked if the figures were available for the A and B shows in March.  Mr. Broadhead said they do.  The youth show was $113, A show was $667.25, and the B show was $719.75.  Comparing that to the February show it was a big difference.  Mr. Bishop asked if this group is a registered non-profit organization.  Chad Broadhead said they are working on that and are being told they do not have to have the 501 status.  They do have the status for the State of Nevada saying they are a non-profitable organization and are tax exempt.  Mr. Bishop asked if they are a tax exempt organization.  Mr. Broadhead said they are.  Ed Bishop said he spoke with the Department of Taxation and they could not find this group.  Mr. Broadhead said he had the paperwork with him.  Mr. Bishop said he has a copy of the paperwork that is on file with the Town and it is strictly for business license.  It has nothing to do with being tax exempt or being a non-profit.  Ed Bishop stated that the Department of Taxation was interested to find out that there was an organization here that were selling rabbits for $300 - $500 a piece and not paying any taxes.  Chad Broadhead said that Mr. Bishop was misunderstanding.  It is not an organization selling it, it is individual people selling.  Mr. Bishop said that did not matter and explained that if you go to a swap meet, they collect sales tax that was collected from people that they sold to.  Mr. Broadhead said it is up to the individual to claim the sales tax not the group.  Ed Bishop stated it was up to the organization as he talked with the Department of Taxation regarding this.  Chad Broadhead stated that by law, for a club member to come to this town and sell a rabbit for $500, the club does not have to claim that as income to the club.  Mr. Bishop said that Mr. Broadhead may get an opportunity to explain that to the Department of Taxation.

Paul Willis commented that that for whatever reason, the action or inactions of the Town Board, caused undo financial impact on this organization.  

Richard Billman said he is kind of the opinion that a compromise of some kind is a better idea.  Mr. Billman said he would grant, in his mind, that they increased their expenses by $441.35 because of the Board’s actions.  Richard Billman stated that whether the income was attributable is a guess.  Does anyone object to that, Mr. Billman asked.

Ed Bishop replied yes.

Laurayne Murray commented that it appears to be a more substantiated claim for that amount of money ($441.35).  

Paul Willis said his contention is to make up what we caused in damages to this club by the actions or inactions of the Board.  

Vote failed 1 – 3.  Paul Willis voted aye.  
Pahrump Town Board Meeting
March 8, 2005

Richard Billman<

 


Backup

There is no backup posted for this meeting.