Agendas & Minutes


May 10, 2005

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
MAY 10, 2005

 


Agenda

1.    Call to order

A.    Pledge of allegiance
B.    Welcome

2.    Discussion, action and decision regarding agenda items.  

3.    Announcements.

4.    Public Comment (Acton may not be taken on matters considered during this period until specifically included on an agenda as an action item (NRS241.020(2)(C)(3).

5.    Presentation by Sunrise Hospital.  Sunrise Hospital/Richard Billman

6.    Presentation and possible Discussion, action and decision by U. S. Metronets concerning fiber optic facilities and no cost assessment.  Scott Crowley/Town Manager

7.    Second reading of amendment to Pahrump Town Ordinance #3 – Brothel Ordinance.  Town Attorney/Ed Bishop/Paul Willis

8.    Second reading of Pahrump Town Ordinance #49 – Repealing PTO #41.  Town Attorney/Paul Willis/Ed Bishop

9.    Discussion, action and decision regarding Proclamation of week of May 15-21, 2005 as EMS Week.  Paula Glidden/Laurayne Murray

10.    Discussion, action and decision regarding purchase of vehicle for Building and Grounds department for $20,400.   Matt Luis/Town Manager

11.    Discussion, action and decision regarding approval to advertise for open Maintenance II position in Building and Grounds.  Matt Luis/Town Manager

12.    Discussion, action and decision regarding funding up to $1,000 from Economic Development Room Tax budget to sponsor Pahrump/Nye County Economic Development Planning Conference.  Patricia Cox/Laurayne Murray

13.    Discussion, action and decision regarding sponsorship and approval to hold 4th Annual 4th of July fundraiser at Petrack Park for the three day event.  Jeanna Howard/Laurayne Murray

14.    Discussion, action and decision regarding Resolution #2005-20 – A resolution to request Nye County Commissioners to create a fire district and approve a referendum for a tax levy for fire department operations.   Fire Chief/Town Manager

15.    Discussion, action and decision regarding delinquent ambulance accounts collection agency agreements.  Fire Chief/Town Manager

16.    Discussion, action and decision regarding Management Assistance Partnership (MAP) assistance letter.  Town Manager

17.    Discussion, action and decision regarding Town’s operation of public cemetery/Chief Tecopa Cemetery.  Town Attorney/Town Manager

A.    Resolution #2005-19 asking Nye County to accept a Quitclaim Deed taking the cemetery back; and
B.    Adoption of Pahrump Town Ordinance #50 repealing PTO #39  - Cemetery Ordinance.

18.    Discussion, action and decision regarding Resolution #2005-21 – Requesting Nye County Board of Commissioners require water rights as a condition of any developer agreement.  Town Manager

19.    Town Manager’s Report

20.    Advisory Board Reports

21.    Consent Agenda Items:

A.    Action – approval of Town vouchers
B.    Action – approval of Special Town Board meeting of April 21, 2005
C.    Action – approval of Town Board meeting minutes of April 26, 2005

22.    Adjournment.

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

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

 


Minutes

The Pledge of Allegiance recited

Chairman Billman: Thank you all for coming this evening, there are a few movements, of an items on the agenda.  I am going to move Item #5 will switch places with item #4. We are pulling item #6, item #8, item #14, and item #15.  Cristina is that Mr. Richards?

Mr. Richards:  yes that’s the extent of the changes.  

Chairman Billman:    The first agenda item is a presentation by Sunrise Hospital Debbie if you’re, just come up to the podium.

Debbie:  I’m sorry Chairman Billman: were we going to have announcements or did you move back to a.

Chairman Billman: Oh sorry, give me one second, skip the announcements, go ahead Laurie.

Laurie:        The Pahrump Regional Planning Meeting from May 11th has been rescheduled to May 25th the Special Tourism Advisory Board Meeting is scheduled for May 13th at 8 am in room A.  Fall Festival Vendor Committee will meet on Friday May 13th at 9 am in the town Annex.  Sheriff County DeMeo open forum is schedule for May 15th is cancelled.  The Nye County Commissioner will hold their next meeting on Monday May 16th beginning at 8:30 am in the Community Center.  This will also include our State Mandated Final Budget Hearing.  The Commissioners will meet on Tuesday, May 17th at 8:30 am in the Community Center.  This will consider Planning Issues.  Nye County Impact Advisory Board will meet at 6:30 pm on Monday, May 16th in room B.  Fall Festival Entertainment Committee will meet on Tuesday, May 17th at 6 pm in the Annex.  Fall Festival Parade Committee will meet at 5 pm on Wednesday, May 18th in the Annex.  The Fair Grounds Advisory Board will meet on Wednesday, May 18th at 7 pm in room A.  Pahrump Fire and Rescue Service Advisory Board will meet on Wednesday, May 18th at 6 pm in room B.  Nye County Safety Committee meeting is scheduled for Thursday, May 19th at 10 am in room B.  Fall Festival Arts and Crafts Committee will meet on Thursday, May 19th at 1 pm in the Annex.  And the Town Board is scheduled to hold their Final Budget Public Hearing on Thursday, May 19th at 7 pm in the Hall.  

Chairman Billman:      Thank you very much, any further announcements from anyone in the audience?

Audience Member (Sally):    Thank you very much the 3rd Thursday this month is the Arts Council as always in the Library at the Senior Center at 7 pm and there will be refreshments served.  One of the things that we are looking for is talent.  I think that each and every member in this audience has talent so if you want to participate in the talent show which will be June 24th please call 727-1501 and talk to Ruth.  And then come and audition cause we are trying to get it going and if you remember last year it was such fun and we had such great talent, whether it’s you or your kids.  The other thing I have to announce is the Nuclear Regulatory Commission sent me three sets of their key technical issues reviewing Yucca Mountain that DOE is doing.  And I have done the first set and if anybody would like to look at these 400 plus pages and read them I will be happy to work with you on them.  And there isn’t anything they don’t talk about and it’s suppose to be science but it isn’t.   That’s about it, thank you.

Chairman Billman:    Thanks Sally, are there any other announcements?  

Mr. Chairman would you like me to do the presentation now or under Public comment?  It’s up to you.

Chairman:    Let’s go ahead and do it now.

Patricia Cox:    Mr. Chairman and Board Members my name is Patricia Cox and I have good news this evening and I wanted to share with everyone.  We had our 5th Annual Pahrump Town clean-up this pass week-end and I am proud to say that we had 271 volunteers and we cleaned 61 miles of section line roads.  This endeavor made a huge impact on cleaning our community and you can see the difference on what one day has done.  It would not have been possible to have such a successful event if it was not for everyone working together as a team.  We started at 7 o’clock in the morning and was done by 1:30 pm.  I would like to thank everyone and all the individuals, the community members, sponsors and the volunteers, clubs and organizations and if you would indulge me in a few minutes we have some certificates for the kids from the Town of Pahrump to recognize these individuals.  I would like to call out the name of the individuals and please have you come to the front of the room and Commissioner Kenish Trumble will present you with the certificate and if it wasn’t for these individuals putting together their time and effort it wouldn’t have been a huge success.  For the first and I know it was late notice for getting a hold of everyone but if the representative could come forward please.  The 4-H Club, The Pahrump Amateur Repeat Radio Club, The Nye Co-Compliance Officer, Pahrump Chamber of Commerce, Nye County Sheriff’s Office, The Dust Devils, Nye County Hazpat Emergency Service, Pahrump’s Elk’s Lodge, The Garden Club, Well-Owners and please stay up here for a minute Barbara, Well-Owners Association, Juvenile Probation, Boy Scouts of America – Troop 748, Pahrump Valley Rotary, Pahrump Quilters, Valley Electric Association, Tops, The Rock Hounds, Public Works Sign Department, Public Land of Southern Nevada, the individuals that help came out representing different county facilities was David Swanson and Susan Morf from Natural Resources and Federal Facilities, from our Regional Planning Commission, Charlie DuPre Warner and Sheldon Base.  From the Town of Pahrump, vice-chairman Ed Bishop, Lauryne Murray, Dave Richards, Town Manager, Ann Mueller, Charlie Elezon, June Wisplis, John Davis, Mark Zimmerman, the McMertal family, Silma McGlouphlin, the Warner family,  I know both of you are here,  come up here, Carol Anthem, Lorinda Rhodes, Jean Shaw, Sally Devlin, John Paulick, Cora Bishop, Cookie Westphal, Ron Devay, Celine Ward, and the Committee that worked on this which would not have been possible without their helped was John Shay, Bill Garlo, Pat Garlo, Earlene Heard, Dean Black, Bart Erwrt, Beth Rupp, Deanann Sapano, Barbara Taylor, June Westbrook, Peggy Warner, and David Cox and then the sponsors that we had was ENDOT, just to let everyone know ENDOT donated 2000 trash bags, 200 vests, and if it wasn’t for their participation that wouldn’t been possible.  Pahrump Valley disposal they had their trucks running all day long picking up their trash and John Shay donated that time from his business to have those trucks out there.  Albertson’s donated the water, Smith’s donated water, WalMarts donated donuts, and John Shay from Pahrump Valley Disposal, and Impressions also helped on advertising for the event.  There’s a special award, there’s two special awards I want to give out this evening, and if it wasn’t for everyone working together it wouldn’t have made this possible.  But there’s two people or one organization and one person I wanted to especially recognize, the first one it to the Elk’s Club, they had over 21 volunteers come out and clean-up the road side that day and I thought that was huge to have that many people to get together as a team and so that (applauds), and the second award goes to an individual that when she found out we were doing this event really put her heart and soul into cleaning-up a certain area and she got her group together of four went out and picked the biggest task possible and she cleaned up with her committee of our team of four and picked up over 20 yards of trash and a bin, and that award goes to Barbara Taylor from our Co-Compliance Officer.  The other thing I wanted to say was I want to give special thanks to two individuals, they put in hours and time and resources to make this event run smoothly and successful.  I know I could count on them to follow through on whatever their tasks were they are a great contribution to our community and to have them involved I can’t say enough on how grateful I am and that to Mr. Bill Garlo and John Shay, both of them are not here today but Mr. Garlo is sick and Mr. Shay is out of town.  I just want to recognize what a great team they were being part of it and knowing I could count on them.  Thank you everyone for being involve.

Chairman:      Thank you very much, thank you all for helping.  

Let’s give special recognition to the chairperson of the committee who organized all of this work and made it happen again with such success, Patricia Cox, thank you very much.

Chairman:      Are there any further announcements?  Debbie

Debbie:    First of all I want to thank the Board and Chairman for allowing me to come today and members of the community, thank you for showing up.  My name is Debbie Estes and I’m the outreach coordinator for Sunrise Hospital.  I’ve been coming to this town for five months, coming every month to the Senior Citizen Center, primarily talking about health issues.  In the back of the room there was a hand-out, some of you have them some of you don’t.  In the hand-out it gives you information primarily when I first talked to your chairman about coming to talk to the board and to the town I wanted to talk to you about stroke.  At Sunrise we are becoming the only stroke center in Southern Nevada.  And we are doing great things but we cannot help you if you have a stroke if you don’t know how to recognize it.  And that was my alteria motive to come here today is to tell you that.  But then last month I attended focus 40 luncheon and that’s where I learned about your new hospital coming.  So our job or my job at Sunrise is to help you in this small town keep your patients in this town as long as you possibly can.  And then when you do need help to open the door where you can go into the Sunrise Hospital.  So on this hand-out it gives you some information that I learned from this meeting that I went to about your hospital.  You are becoming a critical access hospital, I’m very familiar about the critical access hospital and that will meet your initial need here in this town.  So I am very proud that you’re going to have that.  You are also going to have capability to do CTs and MRIs.  So you can take care of strokes here in your own town initially.  And then if you need help with that you can transfer them into a stroke center.  Listed on this hand-out is some information about how people are dying in Nevada.  I went to Washington DC and lobbied and these are the latest stroke statistics for our area.  Heart disease and strokes are the number killers of people in this community.  You know in this state of Nevada, 60% of our communities are over-weight.  Over-weight and high blood pressure go hand-in-hand and they will inevitably you will die of a heart attack or stroke if you don’t take care of it.  You are fortunate in this town; you have a great EMS system here that works very closely with Mercy Air.  You are one of the few rural communities that have a helicopter in your back door.  I have personally talked to flight members on how to take care of a stroke patient and what we are doing at Sunrise.  So you are very fortunate here that you do have that capability.  Listed on your hand-out tell you about the two basic kinds of strokes, there are two kinds.  You have a bleeding kind and you have a clot kind.  Eight years ago there was a medicine that was released to you for the clot kind; it was never available prior to eight years ago.  Here in Southern Nevada, we are doing in Southern Nevada what we did in my home town of Texas eight years ago.  We are behind the scenes in our community but now with us becoming a stroke center we have neurologists that are available in-house 24/7, and when you hit our door you do not go to emergency room you by-pass that and go straight to cat-scan if you have not had one done.  Listed in that hand-out it tells you how to recognize and how to take care of a stroke center.  When you open your hospital doors, hopefully in February there is a whole lot of things you have to do to take care of a stroke patient.  And we call it the seven Ds of stroke survival for any hospital to take care of a stroke patient you must do all of the seven things and have them in place, a lot of that you already have, because you have a great EMS and you have Mercy Air.  There’s an easy way to recognize a stroke because there are wonderful things, no longer do you have to be paralyzed from a stroke any longer, but you first have to recognize the signs and symptoms.  It’s called the Cincinnati pre-hospitalized stroke scale it’s a three step process.  If you’re wondering if your partner or your spouse or your friend is having a stroke ask them to do three things, any one of the three that are abnormal you maybe having a stroke; so simple just asked them to smile and show me your teeth, anybody that’s having a stroke is going to have drooping on one side.  Another way is to do the arm drift test, a normal person can stand and hold their arms out at a ninety degree angles and hold it for ten seconds.  Somebody having a stroke won’t be able to raise their arm at all or when they do it lowers down.  And that’s called the arm drift.  And the third one is just ask them to repeat something, what is your name, where do you live?  Any changes in their speech they maybe having a stroke.  You don’t have to have all three that are abnormal any one of the three maybe having a stroke.  Your job is to recognize it, call 911, your EMS system they are aware of it, your flight crew, they are aware of it.  If the EMS calls the flight crew when then get to you they will do another assessment different from that and when you reach our hospital if you get to us within three hours we can give that medicine I.V. which will totally reverse the clot, dissolve the clot.  It’s hard to get to Las Vegas in three hours, right.  New things, last year August 2004 a treatment came out call mechanical embolictomy, we thread a wire through your femora artery just like a heart path, we can actually go into the brain get the clot and come back out.  We’re doing that up to twelve hours after your stroke that way you don’t have to be paralyzed.  So we are doing great things at Sunrise and you are fortunate here it is only 63 miles.  So your job is to recognize it.  If you recognize it call 911 and they’ll get you to the closest place that can take care of your needs.  Last page on that hand-out they talk about mobile certification courses, when you do open your door to via hospital, you’ve opened your door a lot of education needs that you have to have, so we do all of these courses.  I travel around 24 cities over a four state area we take education on the road.  When you get ready to open your door and train your staff we’re there for you all you have to do is call.  So chairman and board Sunrise is there for you we are happy about you opening your hospital and will be eager to help you meet whatever needs you have.  That’s all I have.  

Chairman:    Thank you very much Debbie, thank you.  Let me see item #7 oh, sorry I put 4, public comment.  Action may not be taken on matters considered during this period until specifically included on an agenda as an action item.  I would appreciate it if the language we watch and I will gavel you and asked that you leave if you can’t control your language.  Please no attacks on any other individuals just state whatever case you have.  And please do it in three minutes if you can.  State your name first and begin.

Arthur Jones:    My name is Arthur Jones concern citizen.  I liked behalf of Sunrise, as some of you know my wife had a stroke on January the 8th and I got up to Sunrise and right away Sunrise went to work on her and after that she have no problems communicating, talking or the whole nine yards so anytime you even feel like you have a stroke coming on.  Thank God for Sunrise.  Now the other one I want to speak on is that my military captain pass department of disable military veterans of the State of Nevada couple a week-ends ago we had our convention up in Laughlin with the Disable American Veterans and also the Women’s Auxiliary.  I want you to know that Mrs. Opal Jones, she was voted in as the department Commander of the Woman’s Auxiliary of the State of Nevada.  This is the first time that you every had a Commander of the Auxiliary in Nye County and I just want Tom to know about it.  Thank you.

Tim Hafen:    Good evening, Chairman, members of the Board my name is Tim Hafen and I come tonight to oppose the proposed Amendment to Pahrump Town Ordinance #3.  I keep asking myself why would anyone propose changing the Town Brothel Ordinance to allow Brothels within the town boundaries.  It’s a good one, it’s been tested in court but lately it been a lot of questions and statements about the money lots of money perhaps that the town is losing in taxes because the Brothel are not in the town.  Now Nye County tax rate.

Sally:    Order Mr. Chairman you’re talking on an Agenda Item.

Chairman:    No, no he isn’t, excuse me he is not speaking on an Agenda Item.  It is merely a reading tonight it is not an agenda item, so.  It is not Sally.  Thank you.

Sally:    It’s an action item

Chairman:    Sally even if it is let me say, let me talk anyway.  It is not an action item.  Speak now.  

Tim Hafen:    The Nye County tax rate that we all pay is $3.35 point 7 cents per $100 of the access evaluation, that’s the tax rate of Nye County.  The access evaluation is 35% of market value.  If the market value of a business is $3 million let’s say then the access value is 35% of that then that equals $1, 050, 000 just slightly more than $1 million dollars.  Now the town portion of that $3.35 point 7 cent is 22.8 cents that’s what the town gets for $100 of access valuation from the advor tax each year - so that tax on that $3 million business at the town rate of 22.8 cents would bring in the town $2,394 for the year.  Now my figures can, I say that anyone can check these and if I make a mistake I’ll be glad to change it but the 22.8% is about 8.5% of the total Nye County tax rate of the $3.35.  So I got the amount of the property tax of one of the bigger Brothels here in Nye County paid last year, and this is public record, it public information but the town portion of that large Brothel, the town portion of their property taxes would have been $4,590.  That’s for the whole year.  The total Brothel licensing fees paid by the seven Brothels in Nye County totaled about $130,000.  And I believe that something like half maybe a little less than half of that goes to the town.  But that wouldn’t change whether the Brothels inside the town or outside the town you’d still get your share of the licensing fee.  Now last year this same Brothel paid less than $25,000 in sales taxes.  I don’t know what share of the sales taxes the town receives but it isn’t much, of the total state sale taxes.  So I just think that my opinion to sale the town people out for those poultry few thousands of dollars is just not like the way I’d like to see it.  Now the Amendment proposed make would permissible within the town boundaries would make Brothels permissible within the town boundaries right now they are flat outlawed - period.  So if anybody can dispute my numbers I would like to see that or see them published if there’s more income to the town I am certainly under that, you know - I’d like to see that.

Chairman:    Thank you Mr. Hafen, we need to move on.

Mr. Hafen:    One second, what if a person were to build a building under the guides of a large family restaurant and then without any further permission from the county the building opened as a nude bar; and then it turned into a Brothel, how would you stop that?  Or since it would be permissive with the new Amendment could you defend a law suit for not allowing a license transfer into town, I don’t think so, thank you.  

Chairman:    Thank you Mr. Hafen.  

Mrs. Wisdom:        Good evening Mr. Chairman, town members and audience I’m Jane Wisdom and I’m here to state my residence or disapproval for changing this Ordinance #3.  I’ve talked too many of the residences here; no one could understand why Mr. Willis or Mr. Bishop would want to change this Ordinance.  As it stands now Ordinances pass I can assure you that within one hour the Gentlemen’s White Castle bar on Homestead and 160 would be a Brothel, it already has a red light.  So I’m telling you to be very careful, please don’t do this.  Also I don’t think anyone has thought of the cost to the county if this change.  The Sheriff’s department would have their hands full with pimps and street walkers and men that have been rolled for their money that we don’t have now.  We would have if this passes and like you to be very very careful about this.  These two worlds don’t have to merge.  It works as it is and everybody liked it but Joe Richards and again I ask you why are you doing this.  The people don’t want it you were elected or you were appointed to the seat to do the business of the people not your personal business and I ask you Mr. Willis what is in this for you, a nice cash bonus, free sex or what?

Chairman:    That is precisely what I’m asking you not to do.

Stephanie Charbeno:    Good evening, I’m Stephanie Charbeno.  The Pahrump Town Ordinance #3 prohibits Brothels within the Town of Pahrump.  This was originally put into place for a good reason.  To keep Brothels out of our town.  You are trying to remove this Ordinance stating that it is unnecessary, nothing will change, you’re losing millions in tax revenue.  After speaking to many officials, researching documents, and putting together the facts, you’re giving the public half truths.  The master plan which supposedly designates the Brothel area is unclear and can be amended and changed.  Removing this ordinance will open the door for any Brothel to move into our town.  To state that nothing will change is untrue.  This is a family community, I’m proud to live in it and I want to keep it that way.  Why would you remove an ordinance that’s protecting our town?  How can you in good conscience sale out a town for your own personal agendas?  I ask you to please vote no on this item.  Thank you.

Peggy Warner:    Mr. Chairman, Board members my name is Peggy Warner.  I am opposed to the repeal or the amendment to this ordinance.  The ordinance has worked for the town of Pahrump, we have co-existed together the residence and the Brothels, it has not broken and I don’t see any reason we should fix it.  The board in my opinion is passing it on up the line to the county when this is our town we should be responsible for what we do in this town.  I agree with all the speakers ahead of me with what they have said and I urge you do not amend this ordinance.  

Mr. Chairman:        Thank you

Keith Markley:    My name is Keith Markley, I just want to just say that I appreciate it, I had the opportunity of speaking with you, Mr. Willis on this matter and I appreciate that cause that help me to come to some understanding that the intention here and the idea I think is good and I think most people would agree with the idea of increasing revenue in the town, but I’m just concern, and I believe that is a good idea, but I still remain concern after researching this myself that it does open the possibility to Brothels being in some undesirable places in our community.  It just opens that possibility in a greater measure and so I just feel like this isn’t the time or this isn’t the way to go about increasing the revenue, however I believe that there probably is a way to go about increasing the revenue with that island that’s been a little exempted from some of the revenue that could come into the town.  I’m sure there would be another way to do it without allowing the Brothels the possibility of coming in such as if there were a Brothel ordinance in place that the county has firmly established regulating exactly where they can be and where they couldn’t be that would probably put a lot of people at rest.  I just want to suggest that this isn’t the time.  Or maybe we could find a way to bring the revenue in without opening the door for the Brothels to relocate or to move into places that may not be desirable in town.  I so I just want to encourage you guys to maybe look into again and I hope that you won’t pass it as it is and cause I feel like short term revenue boost if Brothels come into certain places in town could have a long term revenue decrease I feel and other businesses will not willing to locate here so on and so forth.  So I just to encourage you guys to maybe look at another way to do this.  I think you’d find a lot more peace along that way in the process.  Thank you for your consideration.

Chairman:    Thank you very much

#1014-Sally Devlin:    Mr. Chairman, Members of the Board my name is Sally Devlin and I wasn’t going to talk on the Brothel but since it’s up I remember when they were reviewing the SOP law, remember Pat and the Brothels contributed 5.4 million because they have heavily paid employees who also live here and pay taxes.  But that not the point I want to make, I just want to say I don’t think that you can do anything on this and I’d certainly would personally challenge it because there is no boundary map and remember my middle name is Sally Map Devlin.  We have no boundary map in the entire state it is in the legislature and until we have been bounded by local positioning we have no boundaries.  So be awfully careful on that, what are the town boundaries, we don’t know.  Now it maybe only a few feet off or a few hundred feet off but they have not been done and they would have to be done the entire state has to be done.  So that’s enough on that.  Remember it’s illegal to talk about boundaries when you have none.  I brought something tonight and I’m so glad that Pat is here because this is almost the tenth anniversary of the Pahrump Medical Center’s opening and here’s the original documentation when it open in August 1995.  And here’s what we were going to get, and the reason that I’m here, is we get nothing from you Pat and I want to request that the Town Board write a letter to the Commissioners and get an accounting on this corrupt Medical Center.  We have well over $2 million into it, it has not been paid off, what happened to the $700 thousand that under the Reed, Got and so on.  Now you might want to put it on as an agenda item for next time and get direction on this I’ll be happy to give you the literature because we were promised the moon and you know what we got.  I wish we have gotten cream cheese but we certainly didn’t so that is my request and I have the information for you.

Chairman:    Thank you Sally.

1078- Ron Kerns:    Good evening my name is Ron Kerns and I’m a three year resident of Pahrump but an old time Nevadian and my state for over 30 years, I say the north part of the state.  I’m a little embarrassed I’ve never been to the Town Board.  I’ve been to Pahrump when it was the Rebel gas station many times.  I would like to explain that should this ordinance #3 should this Brothel amendment be amended I stand to make several thousands of dollars, should this be done.  And I would like to explain to the town board why I would make several thousands dollars.  See I own two copies of an investigative reported book a journal, Las Vegas Journal called Nye County Brothel Wars.  And it was why this ordinance was enacted.  Should this ordinance be altered, these books will become quite valuable because you are going to reopen Nye County Brothel Wars, 1972, of which by the way the last person arrested was released from Federal prison in 1999 under Mr. Hafid he must be turning in his boots because he live in this community when arson, corruption and fire the pie is who owns the Brothel closest to Nye County line.  This ordinance was passed it was meant to protect Angel’s Ranch in Lakewood Wells.  The F.B.I. six years into the investigation of the Chicken Ranch upheld the right of the Chicken Ranch to be there.  People need to know how it was created.  The fact that one of the Sheriffs at the time burnt down the first Chicken Ranch it was an error in surveying but never the less opened up the gate to corruption that we know.  If you allow Brothels in Pahrump you will reopen the battle of the Brothel owners, who owns the biggest Brothel closest to Las Vegas controls Las Vegas’ business.  It is by no error that the Gentlemen’s Club is located at the entrance on 160.  The Chicken Ranch and Sherry’s they will have an out and out war.  Only instead of using graph, suspected murder, F.B.I. investigations they will us a barrage of money and attorneys and it will be a war of Brothels in your face.  And my two books that document this will become priceless.  Thank you very much.  

Thank you

1174- George Gingell:    George Gingell, I’m kind of against this, I don’t have nothing against the Brothels but I don’t think they belong in the town itself because the master plan says that it is only two over there and if you come in and amend the master plan to put them in industrial parks well you’ll have them right across the street from this building and the park.  And I don’t see where that would help any other businesses coming in.  That’s about all I have to
say.

Chairman:    Thanks George

1198 – Charles Dupre:    Mr. Chairman, members of the board Charles Dupre resident and member of Pahrump Regional Planning Commission.  What I have to say this evening is my opinion and my opinion only.  I’ll offer comments because I matters that appear in the news paper are apparently furnished by Mr. Willis and that’s what prompted me to be here this evening.  Nothing that I say should be construed as affecting the opinion of the Pahrump Regional Planning Commission of any of its members.  I primarily concerned with the hurtles that the master plan and the zoning ordinance would appear to create - to Barr or to prevent a Brothel or another Brothel from being established within the town limits; Where this ordinance to be amended or repealed.  In order for a Brothel to exist within the town limits of Pahrump if this ordinance is repealed would require an application for a major amendment to the master plan and an application to a zoning change.  In order to pass an application for a major amendment requires twelve people to consider that - the seven members of the Pahrump Regional Planning Commissioners and the five County Commissioners.  Even if all seven of the Pahrump Regional Planning Commissioners vote in the negative to approve such an amendment all it takes is four members of the Board of County Commissioners to pass it.  I’m not suggesting that any of the five present sitting members would ever approve such a major amendment, but today is today and tomorrow is tomorrow.  When you’ll never know who will be sitting in the seat.  At the present time we have an absolute prohibition against prostitution within the town of Pahrump.  It’s an absolute Barr.  The Pahrump Regional Planning Commission cannot entertain in fact the Planning Department wouldn’t need it, would not even accept anything related to the potential approval of such a change.  So when you consider this, consider it carefully not only what the previous speaker just said but also the fact that these hurtles are not insurmountable.  Thank you.

Chairman:    Thank you

1287- Norma O’Padick:      Hi my name is Norma Jean O’Padick; I’m a resident here in Pahrump.  I’m really opposed to the repeal of PTO-3 and basically because the issue here has been stated is that this is for a revenue, primarily for a revenue purpose here for the town of Pahrump.  And I think that we would be better served as a community if you’re looking to improve revenue why don’t we try to attract businesses, like Home Depot, Lowell’s, Wal-Mart was good, why can’t we go after those types of revenue sources as opposed to repealing an ordinance that’s really been working.  And that just my thought, I think that we could be better serve than offering incentives towards other companies to come into Pahrump.  

Chairman:    Thank you very much.

1331 – Lonny Biggs:    Good evening my name is Lonny Biggs and I would really like to take this opportunity to encourage those of you who are in a position to make decisions like this to think beyond the immediate result of what it is you are trying to accomplish.  I, with my children, I’m forever telling them not to make decisions as an adolescent that will affect their adulthood.  And just as the lady got through saying I believe that if we will be firm in the way this community is to develop that in the future there will be financial gain that will bless and benefit everybody.  But if we cough out literally and go against something that is absurd the idea that we would think to bring this back into the city where we won’t be able to control it, we say that we are but the very idea that we’re discussing it right now indicates that there will be problems in the future.  So I encourage you to think about the long term and what Pahrump can offer the citizens of this community if we stay true to a focus plan to develop a neighborhood and a community to benefit our people here and our children.  Thank you very much.

Chairman:    Thank you

1376 – John Gundacker:     Good evening and thank you for the opportunity to share, my name is John Gundacker.  As I listen to the different things that’s been stated regarding the ordinance, regarding the Brothel, my main concern is not to compromise moral values for money.  And I think moral values in a community are more important than money.  And if Hafen figures were even anywhere close to me the compromise moral values for such a value of so little doesn’t really seem to be much.  I can’t help to think that someone is going to develop a community where families are going to live what kind of home builder have the best interest of our community at hand would  build a community around such an establishment such as that.  And it wouldn’t be a place where we would want our sons or daughters to fill out a job application and so if it is by the changing of this ordinance is a way of just accessing just one less loop hole and then just have to walk cross over or work through in order to bring, even if its just one Brothel into the city limits I think, just that one is one too many.  And I would just ask you to consider in your own hearts, in your own minds where is your moral value standard; and I think we need to exercise a high level of integrity within this community if we want to help the community for our families to grow up in and to be proud to be residents in.  So thank you very much.

Chairman:    Thank you very much for all of your public comments.  Believe the Board listens to those comments and hopefully acting accordingly.  On the 24th will be the final reading.  That would be the time to certainly come and voice your opinion, at that point you will be able to listen to the opinions of the Board Members and then we can move on.  Item #7

1468- Clerk:        Pahrump Town Ordinance, PTO #3, amendment to Pahrump Town Ordinance PTO 3.  An ordinance to prohibit and suppress houses of prostitution in any place, room, home, automobile, mobile home, house trailer or any other structure or place within the town of Pahrump, Nye County Nevada prohibiting the practice of prostitution at or in any place within the said town of Pahrump,  and providing a penalty for violation thereof.  

1487 - Chairman:    Thank you very much.  Item #9, Discussion, Action and Decision regarding proclamation of week of May 15th, 21st of this year as EMS week.  

1503 -  EMS:    Good evening Chair, good evening Town Board, Town Staff and public.  I very pleased to be here this evening for the Boards consideration and action on a proclamation which will designate the week of May 15th through the 21st as Emergency Medical Services week.  This is a national week in which everyone honors their EMS workers.  I am the current chair of the Pahrump Valley Fire Association Advisory Board and we are looking at several alternatives and options for the fire and emergency services which I’m sure we will be discussing in future weeks.  But at this point I think it is incumbent upon us and very important to recognize these people especially during this week for all their hard work and dedication.  Unfortunately our Board is kind of new so we hadn’t had a chance to do a whole lot but we would like to have you consider this as a proclamation and hopefully act on it to accept it and then secondarily join with us that first meeting in June to maybe do some actual recognition of such candidates.  And with the Chair’s indulgence I would like to read the proclamation:

Chairman:    Please

Thank you, Pahrump Town Board Proclamation, to designate the week of May 15th to the 21st at Emergency Medical Services Week.  Whereas emergency medical services a vital public service and where is access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury.  And whereas emergency medical services providers serves as safety net of America, in public healthcare system, and whereas the members of Pahrump Valley Fire and Rescue Emergency Medical Services team are ready to provide life saving care to those in need 24 hours of the day seven days a week.  And whereas the members of the emergency medical service system team whether career or volunteer engage in thousands of hours of specialized training and continual education to enhance their life saving skills.  And whereas the residence of Pahrump benefit daily from the knowledge and skills of the highly trained individuals.  And whereas it is appropriate to recognize the value and accomplishments of the Pahrump Valley Fire and Rescue Emergency Medical services provided by designating emergency services week and now therefore the Pahrump Town Board recognition of this event do hereby proclaim the week May 15th through the 21st 2005 as emergency medical services week.  And we do encourage the community to observe this week with the appropriate programs, ceremonies and activities.  As we say donations are welcome.  So with that I would like to hand this to the Town Board manager and have you consider it for a decision.

Chairman:    May I have a motion from the Board.  This is one of those time when it is a we’re it, so its three nothing or nothing.  

1604 – Board member:    I make a motion to approve and recommend that we have the proclamation of May 15th through 21st 2005 as EMS Week.  We do hereby proclaim.

1614 - Murray:    I second

1616 - Chairman:    Thank you Ms. Murray.  It is moved and seconded.  We call for the vote, all those in favor.  Please signify by saying ay.  Ay, no opposed.

1623- EMS:    Thank you Mr. Chairman, thank you Board and I do of course recognize Chief and all the service people that are involved in this and we’ll be back.  Thank you.

1632 - Chairman:    Thank you.  Item #10 Discussion, Action and Decision regarding the purchase of vehicle for Buildings and Grounds Department for $20,400, Mr. Richards.  

1640 – Mr. Richards:    The Buildings and Grounds Department has requesting approval purchase of 2003 F150 super cab, 8 foot XLT, 4 x 4 pick-up truck from Salt Lake County Fleet sales.  We purchased vehicles in the pass from them, we’ve been very pleased with them, we have funds budgeted to make this purchase and we’re recommending that the Town Board approve it.  

1653 - Chairman:    Sounds good to me.  Can I have a motion from the Board please.

1655- Board:    Yes, motion that we approve the purchase of a vehicle for Building and Grounds department for $20,400.

1661- Board member:        Second

1662 - Chairman:    It’s moved and second.  Thank you

1666 – BMbr:         I have a question.  I’m sorry is this replacing something or is this an addition?

1668 – Mr. Richards:    No, it’s replacing a 1990 Ford - F150 it’s in your report.  

1672 – BMbr:        Yes, I saw the asterisk on the 93 & the 94 but I wasn’t sure which one it was actually, the 90.

1674 – Mr. Richard:    The very last sentence in the report says this vehicle will replace the 1990 F150 pick-up.  

1679 – BMbr:        I thought is was an addition, that’s okay I’ll take it either way.

1680 - Chairman:    Any further questions?  Call for the question, all those in favor signify by saying ay,

1684 – BMbrs:    Ay

1686 - Chairman:    Motion carry, 3-0.  Item #11 DISCUSSION, ACTION AND DECISION regarding approval to advertise for open maintenance II position in building and grounds.  

1696 – BMbr:        Mr. Chairman I would like to make a motion to approve the funding regarding the funding up to $1000 for economic development room tax.

1703 – Chairman:    What, what what, what, what, excuse me we are advertising for an open maintenance II position.  

1708 – BMbr:        A motion to approve to advertise for an open maintenance II position in Building and Grounds.  

1712 – BMbr:        I’ll second

Chairman:    Moved and second is there any discussion regarding the item?  Mr. Richards you look like you wish to say something.

1718 – Mr. Richards:    No I really don’t, I’m waiting for it to roll.

1721 - Chairman:    Any questions from the Board?

1722 – BMbr:        It’s probably in here, you can tell me.  This is not in the agenda this is an opening that we have.  

1727 – Mr. Richards:    This is a position that’s opening due to a retirement.

1729 – BMbr:        I guess I didn’t know somebody retired, I didn’t get to go to the party.  

1730- Mr. Richards:    They haven’t yet.  We’re anticipating June retirement.  

1732 – BMbr:        Oh, okay good, thanks.

1735 - Chairman:    Ok, I will go after the question if there’s not further questions.  All those in favor signify by saying, Ay.

1739 – BMbrs:    Ay

1740 - Chairman:    The motion carries 3-0.  Item #12 DISCUSSION, ACTION AND DECISION regarding funding up to $1000 from Economic Development room tax budget to sponsor the Pahrump Nye County Economic Development Planning Conference.  

1753 – BMbr:        Mr. Chairman now I’ll make a motion to approve the funding up to $1000
from Economic Development room tax budget to sponsor the Pahrump Nye County Economic Development Planning Conference.  

1761 – Chairman:    Is there a second

1761 – BMbr:        Second

1762 - Chairman:    Moved and second are there any questions regarding the item?  No questions I would call for the vote.  All those in favor signify by saying Ay.

1771 – BMbrs:    Ay

1772- Chairman:    The motion carries 3-0.  Item #13 DISCUSSION, ACTION AND DECISION regarding sponsorship and approval to hold the 4th Annual 4th of July fund raiser at Petracek Park for the three day event.  

1786 – BMbr:        Well, I just put my name on it I don’t have the details.  Is there anybody else from the Entertainment Committee, no?  Mr. Chairman I move to sponsor and approve the, it’s actually a booth not a fundraiser at the 4th of July fundraiser at Petracek Park for the three day event.  

1802 - Chairman:    A booth?

1802 – BMbr:        Yes, a booth that the town does every year.  

1805 - Chairman:    Okay, may I have a second?

1808 – BMbr:        Second it as it agendized to for a booth or sponsorship of the, I’m clear on what we’re sponsoring.

1814 - Chairman:    Christine

1815 – Christine:    You know it doesn’t indicate - don’t believe that it was agendized properly because it doesn’t indicate what exactly the function that the town is going to do it just say fundraiser it doesn’t say that they are going to have a booth and I didn’t know that by reading the agenda

1825 -     BMbr:        What it is that every single year the town does this same thing?  We don’t fund it, it doesn’t require any funding, it’s just a sponsorship and then the money comes back to the Fall Festival Entertainment Fund and Fire Rescue.

1837 - Christine:    I don’t think its agendized properly.  I’m familiar with it.

1839 - Chairman:    Why don’t’ we just bring it back re-agendized for the 24th

1839 – BMbr:        It’s not in a rush.  I withdraw my motion and I move to table it.

1846 – BMbr:        I withdraw my second and second to withdraw.

1850 - Chairman:    Item #16 DISCUSSION, ACTION AND DECISION regarding Management, Assistance Partnership Assistance letter.  Mr. Richards.

1859 – Mr. Richards:    The Town Board has requested that the correspondence from MAP goes out to businesses in conjunction with the MAP Economic Development Project be brought to you with approval.  This is the letter that goes to the local businesses in anticipation of them participating or encouraging them to participate in the financial analysis that will benefit them.  And it’s our recommendation that you approve this letter we understand that it does promote MAP.  MAP has that as it’s one of it’s objectives with the state it pretty fairly describes MAP’s status as a non-profit organization and also their connection with other non-profit organizations within the state and Federal government.

1890 - Chairman:    Thank you Mr. Richards.  May I have a motion from the Board?

1893 – BMbr:        What was your recommendation again?
1893 – Mr. Richards:    That it be approved.

1895 – BMbr:        I make a motion to approve the letter.  (That’s all I have to do?)  

1900 - Chairman:    Second, good enough.  Discussion from the Board.  

1907 – Marie:        Mr. Chairman I understand that MAP has an objective to promote MAP and I have no problem with them taking an opportunity to do that.  I understand also that we’re
paying them significant amount of money for providing the services to the businesses.  My concern is that if I was an owner of the business and I got this letter in the mail and the first thing it talk about was how great MAP was and somewhere hidden in the middle of the third paragraph some place it says that at no cost to you, you can get service from MAP.  My preference would be that if we really want to get the business owners to read the entire letter that the marketing of MAP come after the introduction which grabs the business owner’s attention.  It says the town is picking up the tab for this analysis, there’s no cost to you.  You can create new opportunities for your business by contacting MAP.  Now that to me, if I was marketing the Town’s purpose for this letter I would want that to be the lead in paragraph.  And then follow that up with why would you chose MAP and they could put all the marketing that they want but I’m just concern that the letter would be just a waste of money and it’s going to end up in the trash can because people don’t read beyond the first paragraph.

1954 – Chairman:    I would agree with you that the third paragraph is certainly more in our interest to have as the first paragraph.  Is that something that we can change or is this.

1964 – Mr. Richards:    Well, that’s the purpose in bringing it before the Town Board, we can amend it.  We can rearrange it, to suit whatever the Town Board thinks is appropriate.

1971 – Chairman:    Ms. Marie, you want to…

1972 – Ms. Marie:    Well, we would be able to change the amendment to approve the letter with the suggested changes.  And I don’t know if I actually want to give MAP word for word what they should say in the letter.  I don’t know if we’d have to bring it back to approve it again.  But, if we just generically just say, the items that are listed in paragraph #3 which is “you as a business have an opportunity to begin to create new business to get your business analysis done for free and that you can do this by contacting MAP and here’s the reason why you should contact MAP.  And just move the initial introduction of the letter into the first paragraph highlighting the any business when they say the word this is free to you.  The town is providing this for you if we can give that feedback to MAP to put up front, that would be agreeable to me.  

2016 – Chairman:    Cristina have you

2019 – Cristina:    The same person who made the motion originally, needs to amend it to incorporate that if that’s what you wish to do.

2023 – BMbr:        I move to make a motion to move my amendment.  To her amendment as her amendment stated.  
2031 – Ms. Marie:    I amend my second.  

2033 – Chairman:    It is moved and second it.  The motion is to authorize this letter from MAP taking paragraph 3 and placing it at the beginning of the letter.  

2050 – Mr. Richards:    We understand.

2050 – Chairman:    Okay, I would call for the vote unless there are further questions.  All those in favor of the motion please signify by saying, Ay.

2056 – BMbrs.    Ay

2057 – Chairman:    The motion carries 3-0.  Item #17, Discussion, Action and Decision regarding the Town’s operation of the public cemetery.  Cristina.

2071 – Cristina:    Yes, I put these on, two items on the discussion resolution asking Nye County to take back the cemetery so I went ahead and prepare the Deed for Nye County.  If they wish to do that so if the Town Board wishes to ask them to take it back and then the second one is the discussion regarding the ordinance positioning 15 ordinance governing the cemetery that would remain in place.   It’s my recommendation in tow, Nye County took it back if they did.  Are there any specific questions about it -  basically when it was given the town vie Quit Claim Deed and it has to be used with purposes specifically as a cemetery if it ever ceases to be use for that purpose it must go back to Nye County.  In order to give it back to Nye County we need to include public language in there but not the same language regarding the operation of the cemetery.  

2110 – Chairman:    Ok, this is a public ordinance this is I understanding just like any other public ordinance.  Is this a reading?

2113 – Cristina:    No, I put it on for discussion first.  At the point in time I didn’t even know if the town board would even wish to give it back.  So in the event you did want to give it back it would be no need to withdraw or amend or do anything with the existing ordinances.

2124 – Chairman:    Ok, the resolution because obviously we don’t pass the ordinance.

2130 – Cristina:    The resolution would be first.  First the town board as Nye County to take it and then we would get rid of the ordinance that governs the cemetery.  But until Nye County, if and when Nye County took it back the town would need no ordinance governing the cemetery.

2139 – Chairman:    Ok, I understand.  Is there a motion from the board?  The motion should be whether to move forward with the ordinance, resolution, right – and then the ordinance.

2153 – BMbr:        Mr. Chairman I move to, - I guess you can’t disapprove the resolution because we haven’t even read it yet.  I moving to take no action on item #17.

2164 – Chairman:    Ok, well actually
2165 – BMbr:        The action would be not to move forward with it.

2169 – Chairman:    With a 3 member board that moves us along to #18.  

2177 – Cristina:    It would simply fail due to lack of a motion if there’s no motion from the board.

2179 – Chairman:    There is no motion.

2179 – BMbr:        Can I ask a question.  What precipitated us looking into it, how did we get it and is it costing us money, is it going to in the future be a potential in costing us more money, is there some reasons why we’re lock into certain prices or something.  How did we get, why did we get it and why do we need to get rid of it now?

2195 – Cristina:    I don’t why the town, I don’t know why Nye County gave it to the town I really don’t know but there are fees are set by ordinance though.  That I can tell you, ultimately why Nye County gave it to the town and why the town took it I don’t know.  

2206 – BMbr:        I understand, but what was their thinking behind it why were they giving it to us?  

2208 – Cristina:    I don’t know.

2209 -  Chairman:    They were getting rid of a hot potatoe.

2214 – Dave Richards:    The minutes of the meeting when it was transferred to the town doesn’t reflect the rationale behind the County’s motivations.  I can’t describe this.

2218 – BMbr:        Are we making money on this

2220 – D. Richards:    No it costs about $10,000 a year to, of general fund money and we can raise the fees but when we raise the fees generally it has the affect of reducing the number of sales there’s a certain amount of discretion involve when we, that people have when we have other cemeteries available.  They can bury their love ones at so it’s not necessarily given that if we raise fees you will raise revenue.  I suspect that it will always be in a position where we need subsidize to one extent or another.  The discussion I think is really is how much is it worth to the town to have it’s own cemetery.  Is $10,000 a year too much?  And apparently was too much for one town board member that’s why it’s before the town board.  

2264 – BMbr:        I have a question, a question in my mind should the town be in the cemetery business?

2270 – Chairman:    That’s what we were deciding this evening.  And currently we’re moving along.  And that one town board member was me, okay.  Discussion item #18, Discussion, action and decision regarding resolution 2005-21 requesting Nye County Board of Commissioners require water rights as a condition of any developer agreement - Mr. Richards
2291- Mr. Richards:    This seem like a good idea suggested by one of the Board of Commissioners and it’s not specific about how much water rights should be part of any developer agreement and how that calculation is done I think still needs to be determine but I think that in order to get water rights that we desperately need from the people that have them from the people who’ve driven the price up.  I think this is a reasonable way to go about getting water rights.  I would recommend you approve the resolution and we’ll forward it to the Board of Commissioners and we’ll discuss with them how much how the water rights we need should be calculated.  

2327 – Chairman:    May I have a motion before we proceed

2330 – BMbr:        Let’s do it this way, Mr. Chairman I move to accept resolution #2005-21 to request Nye County Board of Commissioners require water rights grant to the town as a condition of a de-altmer agreement.

2338 – BMbr:        I’ll second that

2339 – Chairman:    Moved and second it.  Discussion.

2346 - Public comment:  The question that I have is, isn’t something we can do directly ourselves since we participant in developer’s agreement or do we have to have the County do it, that #1.  #2 the other interesting thought I have was that we already have a town ordinance that indicates that if Nye County receives water rights that any of the water rights receive that are within the boundaries of the town of Pahrump come to the town of Pahrump.  I don’t know if ever followed up on that or got them.  

2369 – Chairman:    Any

2372 – Mr. Richards:    We’re not familiar with that ordinance.  

2373 -         I just read them, it maybe a resolution.

2373 -  Mr. Richards:    It’s my understanding the County has to enter into the developer agreement so the town’s not able to do that.

2377 -     So when we make are recommendations and the request as to parks and recreation and fire then that the water rights would be as part of that also or is this a way to make it a standing order.  

2389 – Cristina:    That’s just a courtesy so when the developers come before us.  And that formalizing what the town’s position to the County so the County knows what the town wishes.  

2394 -      This makes it a standing order.   Don’t forget.

2396 – Chairman:    Commissioner

2399 -     My is Candice Trummel, Nye County Commissioner, I glad to see that your are considering this resolution as your counsel just advised.  Nye County is the one that does enter into the developer agreement but Nye County wants your input.  I’m unsure of the town ordinance that you are referring to and I’m unsure if there is any legal standing to require that property comes to the County within the town boundaries automatically becomes town property, I not sure about standing or anything like that.  I mostly am interested on how the procedure works out

 


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