Agendas & Minutes


May 11, 2004 - Closed Session

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
MAY 11, 2004

 


Agenda

1.    Call to order.

A.    Pledge of allegiance
B.    Welcome

2.    Discussion regarding agenda items.

3.    Announcements.

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

5.    “Good News” regarding people, events, awards, celebrations or occasions that reflects positively for those within the community

6.    Presentation of Awards.

7.    Discussion, action and decision regarding action to correct transfer of money from Capital Projects Fund to the Enterprise Fund.   Dan McArthur

8.    Discussion, action and decision regarding action to correct placement of the Courtyard donation and into which fund it should be placed.  Dan McArthur

9.    Discussion, action and decision regarding the Department of Taxation plan of corrective action for the June 2003 audit.  Dan McArthur.  

10.    Discussion, action and decision regarding the Town of Pahrump to be a presenter of Miss Pahrump Pageant through $1,000 grant, enabling the youth an opportunity for personal growth and improvement.   Debra Bowman/Pamela Larmouth

11.    Discussion, action and decision regarding possible Town Board position, relating to the proposed zoning ordinance.   Charlotte LeVar

12.    Discussion, action and decision regarding Resolution 2004-02 concerning Tortoise and Endangered Species Act to Nye County.  Town Board

13.    Discussion, action and decision regarding using an internet service, Accurint, a collection assistant to help skip trace for EMS accounts to aid in collections.  Toni Glines/DeeDee Koumrian

14.    Discussion, action and decision regarding RSVP Volunteer Program to assist in obtaining volunteers to answer phones and man the burn desk.  Laura Cherry/Pearl Dearborn



15.    Discussion, action and decision regarding the imposition of an additional tax or a fixed flat fee for the sale of all fireworks sold within Nye County.  It is the intent that this additional tax/fee be imposed by the Nye County Commissioners to be allocated to the individual fire rescue service that is responsible for services in each particular area (Tonopah, Beatty, Amargosa, Pahrump, etc.).  Jeanna Howard
 
16.    First reading of third amendment to Pahrump Town Ordinance #35 –  Business License Ordinance repealing permissive inclusion of social security numbers for applicants and increasing business license fee from $40.00 to $50.00.  Town Board

17.    Town Manager’s Report.   

18.    Advisory Board Reports.

19.    Discussion, action and decision regarding membership to the Nuclear Waste and Environmental Advisory Board.  Jeanna Howard

20.    Discussion, action and decision regarding going to bid for water rights for fairgrounds.

21.    Discussion, action and decision regarding computer program for Fall Festival Vendor Committee usage for $1,500.  Town Board

22.    Discussion, action and decision regarding ITG business link and webmaster agreement.  Town Manager

23.    Discussion, action and decision regarding request to County for twelve chairs for Nye County Commissioners, Regional Planning Commissioners, and Town Board.  Town Board

24.    Third reading and discussion, action and decision regarding repeal of Pahrump Town Ordinance #20 – Street Numbering.  Town Board

25.    Consent Agenda Items:

A.    Action – approval of Town vouchers.
B.    Action – approval of Special Town Board meeting minutes of April 24, 2004
C.    Action – approval of regular Town Board meeting minutes of April 27, 2004.  

26.    Discussion, action and decision regarding closure of meeting pursuant to NRS 241.030 and 241.033 and 288.220(1-4) and 241-015.2(b)(2) for purposes of conferring with Town’s legal counsel.

27.    Closed meeting pursuant to NRS 241.030, NRS 241.015(b)(2) and NRS 288.220(4).

28.    Discussion, action and decision regarding matters discussed in closed session.

29.    Adjournment.

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

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.

 


 

AGENDA ADDENDUM

 

 

 

Discussion, action and decision regarding Bid #2004-04 – Fire Hose.   Chief Lewis

 

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

 

 

 


Minutes

CLOSED SESSION MINUTES

PRESENT:
Paula Glidden
Richard Billman
Charlotte LeVar
Jeanna Howard
Ed Bishop
Cristina Hinds, Attorney
Dave Richards, Town Manager

Cristina Hinds explained that the purpose of this meeting is to confer matters with legal counsel.  Ms. Hinds explained that due to some sort of motorcycle accident someone is alleging that the Town is at fault.  The allegation is that there was some sort of load that was improperly secured by a chain that came out and as he was riding his motorcycle and caused him to fall off of his bike.  The fire department reenacted the scenario and found that it not have possibly happened the way the cyclist said it did.  The gentle man is asking for approximately $1,500.  Cristina Hinds said that if it was sent to the insurance company they would charge $2,000, which in her mind does not seem to be the best course of action.  The action was filed in small claims court.  Ms. Hinds stated that another option is to pay her to defend the action which is scheduled for next month.  The third option Ms. Hinds explained is to contact the gentleman and do a cost benefit analysis and see what happens.  

Dave Richards explained that something fell off the fire truck; the gentleman ran over it with his motorcycle and damaged it.  That is what he is alleging.  It is unknown if it was going to a fire scene or coming back and no police report filed.  

Charlotte LeVar asked how do we know we are at fault.  Cristina Hinds replied that we are not at fault.  Ms. Hinds said she does not think the Town is at fault and she stated that Chief Lewis does not think the Town is at fault.  

Paula Glidden commented that it is strictly a money issues.  

Cristina Hinds said she does not recommend going to the insurance company as it seems to be the most expensive course of action.  

Jeanna Howard asked if it went to small claims.  Cristina Hinds clarified that he filed as a small claims action.  


Pahrump Town Board Meeting (Closed Session)
May 11, 2004

Richard Billman suggested that they send the Town Manager to small claims court where the man can present his case and the Town can present the defense and let the judge decide.  

Jeanna Howard suggested also including someone from Fire-Rescue that was involved in the incident.  

Richard Billman suggested that we take the Chief or whoever would be most knowledgeable to go with the Town Manager to small claims court.

Each Board Member said they would be present to back up the Town Manager.  

Richard Billman said that the worst that can happen is small claims court is the man will win the full judgment or the judge will grant him a partial judgment.  

Cristina Hinds agreed that all the actions are less than the two thousand to pay the insurance company.  

There was a consensus to handle it in small claims court by the Town Manager.  

Jeanna Howard asked if Jeff Pettigoff had contacted Ms. Hinds for an update and report concerning a discussion.  Ms. Howard noted that she has received two emails concerning information that was suppose to remain confidential from the last meeting with Jeff Pettigoff and that someone has a copy of the settlement document.  Ed Bishop said he received it also. 

 


 

 

PRESENT:
Paula Glidden
Richard Billman
Charlotte LeVar
Jeanna Howard
Ed Bishop

CALL TO ORDER

Chairman Paula Glidden called the meeting to order and led in the pledge of allegiance.  Ms. Glidden welcomed Mr. Bishop to the Board and those in attendance.  

DISCUSSION REGARDING AGENDA ITEMS

Paula Glidden asked that Item #21 ( Discussion, action and decision regarding computer program for Fall Festival Vendor Committee usage for $1,500) be removed as well as Item #15 (Discussion, action and decision regarding the imposition of an additional tax or a fixed flat fee for the sale of all fireworks sold within Nye County) be tabled until the next meeting.  There were no other changes to the agenda.  

Ed Bishop pointed out that there is confusion over agenda item numbers.  It was determined that that the Board had the correct agenda in their back up books and was posted.  

ANNOUNCEMENTS

Roberta Olinger, Nye Communities Coalition, announced that they have been awarded up to $128,000 by the Nevada Bureau of Alcohol and Drug Abuse which will be distributed locally to non profits for substance abuse prevention.  The money comes from the Nevada State Incentive Grant and is a Federal Block Grant which is intended to fund alcohol and drug prevention programs for youth ages 12-25.  Ms. Olinger welcomed any local community non profit to contact her regarding distribution of these funds.  Contact the Nye Communities Coalition office for information at 764-7097 or nyecc.org.  

Sally Devlin announced many things beginning with a Nevada Department of Transportation (NDOT) conference to be held in Las Vegas September 19, 4:00 p.m. to 7:00 p.m. at a location to be announced.  This is regarding widening Highway 160 to six lanes and nothing for the two lane areas.  Ms. Devlin suggested that someone from the Town attend this meeting.  

Pahrump Town Board Meeting
May 11, 2004

Ms. Devlin announced that there will be meeting regarding fugitive dust on May 25, from 9:00 a.m. until noon at Wulfy’s.  Reservations are required.  

Sally Devlin announced that there is a meeting scheduled for May 20 at 9:30 a.m., concerning getting funded grant writing for non profits to be held at the Clark County Library on Flamingo.

Ms. Devlin announced that there will be a meeting May 13 regarding Taxation: Local Government Taxes and Finances at the Grant Sawyer Building beginning at 9:30 a.m.

Sally Devlin announced there will be a meeting of the Pahrump Arts Council on May 20, at 7:00 p.m. at the School District Office.

Ms. Devlin invited everyone to attend on May 18 to Hafen School as the Arts Council has been teaching dance to the children and will take place at 7:00 p.m.

Sally Devlin announced that the Winery is holding a free variety show on June 5.  

Charlotte LeVar announced the following:

    Emergency Services Advisory Board will meet May 12 at 7:00 p.m. in the Town Annex;
    Fall Festival Entertainment Committee will meet May 13 at 6:00 p.m. in the Annex;
    Fairgrounds Advisory Board will meet on May 13 at 7:00 p.m. in Room A;
Commissioners Cox and Trummell will hold their pre agenda workshop on May 15, at 2:30 p.m. in Room B;
Sheriff DeMeo will hold his open forum on May 16 at 1:00 p.m. in the Hall;
The Nye County Commissioners will meet on Monday, May 17, for their second meeting of the month and the final budget hearing for the next fiscal year beginning at 8:30 a.m. in the Hall;
There will be a Special Meeting of the Town Board on May 18 at 7:00 p.m. in the Hall for a presentation by Consensus Planning regarding the new draft of the zoning ordinance.  There will be discussion but no decisions will be made at this meeting;
Fall Festival Parade Committee will meet on May 20 at Noon in the Annex;
The Regional Planning Commission will hold a special public hearing on May 21, at 6:00 p.m. in the Hall;
The Town Board will hold a special meting on May 24, from 6:00 p.m. until 9:00 p.m. to answer questions obtained at the April 24 meeting concerning fire and ambulance;
Parks and Recreation Advisory Board will meet on May 24, at 6:00 p.m. in the Town Annex.

Jeanna Howard announced that there will be a welcoming home gathering for three men, including Sergeant Gary Ripoza that will be returning from Iraq.  These men have been there for more than sixteen months.   The gathering will take place June 19 at 7:00 p.m. at the Town Hall Bar located on Mesquite Street.  The public is welcome.
Pahrump Town Board Meeting
May 11, 2004

Cristina Hinds explained the difference in the agendas.

PUBLIC COMMENT

Sally Devlin commented that she is very disturbed that there is no covered swimming pool or plans for one in this town.  Ms. Devlin said that he was told that Mr. Beaver was working on this.  Sally Devlin said this is unacceptable.  Ms. Devlin said she would like a twenty-four hour, seven day a week covered pool and Jacuzzi for everyone in this town.  Ms. Devlin said that having attended the budget hearings there is $50,000 left over this year and $30,000 form last year and there is $100,000 missing from the pot as this is a special district.  Sally Devlin said she is addressing Paula Glidden as Chair and offered her help to get a committee together to get the entire town involved as to where the pool should be and get it going.  Ms. Devlin said she is tired of spending tax money and getting nothing for it.  Spending the funds on an automatic dispenser for chemicals is spending the money unwisely Sally Devlin said.  Ms. Devlin stated we need a full time Olympic size covered pool and Jacuzzi no only for the seniors but something for our kids to do all year round.  

“GOOD NEWS” REGARDING PEOPLE, EVENTS, AWARDS CELEBRATIONS OR OCCASIONS THAT REFLECTS POSITIVELY FOR THOSE WITHIN THE COMMUNITY

Patricia Cox announced that the Town Clean- Up Day held on May 1 was a huge success and thanked the Town Board, Town Manger, Assistant Town Manager all participated.  Mrs. Cox said there were 379 volunteers and covered 90 miles of road sides and 200 cubic feet of trash.  

Charlotte LeVar thanked Patricia Cox who spearheaded this event.  

PRESENTATION OF AWARDS

Paula Glidden presented Mark Waite from the Pahrump Valley Times and Pahrump Valley View with a certificate.  It was announced recently that Mr. Waite is leaving Pahrump for Malaysia.  

Jeanna Howard presented a plaque to Hollis Harris and the Hollis Family for their contributions to the community and the land donation for the new hospital.  

DISCUSSION, ACTION AND DECISION REGARDING BID #2004-04 – FIRE HOSE

Chief Scott Lewis explained the bids received for the fire hose.  Chief Lewis recommended approval of the lower bid of $17,864 in consideration of the $10,000 from an USDA grand with the balance of the money coming from the Capital Project fund in the Fire General Fund.  

Richard Billman Motioned to accept according to the Chief’s recommendations.  Jeanna Howard seconded the motion.
Pahrump Town Board Meeting
May 11, 2004

Vote passed 5 – 0.

DISCUSSION, ACTION AND DECISION REGARDING ACTION TO CORRECT TRANSER OF MONEY FROM CAPITAL PROJECTS FUND TO THE ENTERPRISE FUND

Dave Richards explained that Mr. McArthur is present to answer any questions the Board may have.  Mr. Richards said he will be doing the presentation.

Mr. Richards said he has Resolution 2004-04 to correct a transfer which was made in April of 2003.  Dave Richards explained that funds were transferred in the amount of $100,000 from the Capital Projects Fund to the Ambulance Fund and the Nevada Department of Taxation has objected to that transaction and has required a corrective action transferring the funds from the Ambulance Fund back to the Capital Projects Fund.  This resolution will accomplish that.  

Charlotte LeVar Motioned to adopt the Resolution #2004-04.  Richard Billman seconded the motion.  

Vote passed 5 – 0.  

DISCUSSION, ACTION AND DECISION REGARDING ACTION TO CORRECT PLACEMENT OF THE COURTYARD DONATION AND INTO WHICH FUND IT SHOULD BE PLACED

Dave Richards stated that there is Resolution 2004-05 which states that on June 24, 2003, the Town Board accepted a payment in lieu of taxes from Pahrump Courtyard Associates in the amount of $100,000 to be used at the fire department or do whatever the Town can do with it as stated in the minutes of that meeting.  The allocation of the payment was never formally approved by the Town Board.  Mr. Richards noted that there was no motion in the minutes and by the Town Board and it was administratively allocated to the fire department Capital Projects Fund.  According to the Town Auditor it should have been allocated to the Town General Fund before allocation to any other fund.  Dave Richards said he is asked that the Board approve this resolution and by approving the resolution the Town Board will approve the corrective action of transferring $100,000 from the Fire Department Capital Projects fund to the Town General Fund.  It has been left open for the Town Board to take at another meeting action.

Charlotte LeVar Motioned to adopt the Resolution #2004-05.  Richard Billman seconded the motion.

Jeanna Howard asked Paula Glidden if she had worked with the Courtyard Apartments for the $100,000 donation.  Ms. Glidden agreed.  Ms. Howard asked if Paula Glidden clarify their intention for this money.  Paula Glidden replied that in speaking with Mr. Roope, his intention

Pahrump Town Board Meeting
May 11, 2004

was for it to be used for the fire department.  Ms. Glidden suggested that it be cleared up at another meeting.  

Allen Parker, Rural Nevada Development Corporation (RNDC) explained that he was involved with the building of the facilities in Pahrump, one being the Courtyard Apartments and the other Palm Terrace which is senior housing.  Mr. Parker noted that he was present during the formal presentation was made for $100,000 on behalf of RNDC the not for profit partner in the building of these complexes.  In a ceremonial check, in the memo area it was stated for fire service impact fees and presented to Chief Scott Lewis.  Mr. Parker said he does not think there was any difference of opinion at that time in terms of where these funds were eventually to be earmarked to.  Allan Parker said he finds it curious that six months later this discussion is taking place when all along, knowing the status of fire rescue service and the need for funds.  

Paula Glidden asked Dan McArthur to address his concerns.

Dan McArthur explained that in his review of the minutes it was indicated that at the meeting it was indicated the money could be used for fire or any other general use of the Town.  In reading the minutes Mr. McArthur said he found no formal action by the Town Board specifically saying to place it in this fund or in another and the statement was made for any other general use by the Town.  Dan McArthur stated that in his mind it creates a potential problem that the Board did not take action.  This is formally to make sure to the Department of Taxation questioned the ambulance transfer.  This is putting the funds in a general category giving the Board the option at any time to take a vote to move the money to the fire funds.  There is no reason it cannot be in the fire fund it is just that it has not been formally placed there by the Board.  Mr. McArthur said he reviewed the cancelled check which had no notation on the check that it was related to fire.  

Jeanna Howard asked that when a donation is received by the Town Board the Board must act upon where this money should go.  This was not done at the time because it was not quite clear enough in the minutes to what it was allocated for.  Mr. McArthur agreed that to be correct.  Dan McArthur had asked if there was a document from the donor specifically stating it has to be used for this purpose.  Jeanna Howard said the resolution prepared by staff is to place the funds in the General Fund and then to allocate it back to whatever the need be.  Ms. Howard said she would like to see it allocated in the resolution for what the intention of the donor which was for fire and rescue and it is not in the resolution as such.  Ms. Howard said she has learned that it must be made clear in the receipt of donations and where they are designated to go.  

Vote passed 5 – 0.

DISCUSSION ACTION AND DECISION REGARDING THE DEPARTMENT OF TAXATION PLAN OF CORRECTIVE ACTION FOR THE JUNE 2003 AUDIT

Dave Richards explained that Resolution #2004-06 is for the Town Board consideration to approve the plan of corrective action for the June 2003 audit.  Mr. Richards said this is not
Pahrump Town Board Meeting
May 11, 2004

correcting the audit as it might imply.  It is actually responding to the exceptions that Mr. McArthur noted in his audit and the administration with Mr. McArthur created this corrective action plan as required by the Department of Taxation.  The issues are noted in the back up and it is the recommendation that the Board approve the corrective plan of action as proposed in this resolution.  

Richard Billman Motioned to adopt Resolution #2004-06.  Ed Bishop seconded the motion.  

Vote passed 5 – 0.

DISCUSSION, ACTION AND DECISION REGARDING THE TOWN OF PAHRUMP TO BE A PRESENTER OF MISS PAHRUMP PAGEANT THROUGH $1,000 GRANT, ENABLING THE YOUTH AN OPPORTUNITY FOR PERSONAL GROWTH AND IMPROVEMENT

Debra Bowman presented the history of the Miss Pahrump Pageant and what it stands for.  Mrs. Bowman introduced the current Miss Pahrump, Amanda Kunzi.  

Pamela Larmouth explained that this is not a beauty contest it is a scholarship pageant and helps each young woman to understand that they are a part of a greater whole. Ms. Larmouth explained that Miss Pahrump is a goodwill ambassador for the Town of Pahrump and represents the community by participating in parades and activities around the area and in the State. Pamela Larmouth noted that they are supported by many local businesses and residents and is asking the Board support this effort by supplying a $1,000 grant to help this pageant.

Richard Billman asked what fund this money would come from.  Dave Richards replied that he thinks it would be Tourism.  Jeanna Howard noted that it has come from Tourism in previous years and does impact as they attend many tourism events representing the community.  

Richard Billman Motioned to grant to the Miss Pahrump Pageant $1,000.  Jeanna Howard seconded the motion.  

Dave Richard recommended that the motion include that the appropriation would come from the Tourism fund.

Richard Billman added this to his motion.  Jeanna Howard seconded the addition.

John Espana commented that he would like to know if there are any requirements of the young ladies scholastically.  Debra Bowman responded that the participants must hold a 2.0 to participate.  

Terry Nelson commented that addition promotional items should be provided for the Miss Pahrump as to let the community know they are available for business openings and other things.  
Pahrump Town Board Meeting
May 11, 2004

Vote passed 5 – 0.  

DISCUSSION, ACTION AND DECISION REGARDING POSSIBLE TOWN BOARD POSITION, RELATING TO THE PROPOSED ZONING ORDINANCE

Charlotte LeVar said she was sorry she wrote this item.

Charlotte LeVar Motioned to ask the Commissioners and the Regional Planning Commission (RPC) for an extension regarding the zoning in order to make a recommendation from the Town Board.

Mrs. LeVar said she realizes there is a vote from the Town Board on the RPC.  Charlotte LeVar said there is a lot of discussion that has gone on and this Town Board has never had any type of say as far as the zoning is concerned. Mrs. LeVar said that is what concerns her.  As far as taking a stand, Mrs. LeVar said, as something as important as this which is about to take place in the community, whether for or against it, or if we can make recommendations.  It is getting very, very close and she realizes there is another meeting next week.  Mrs. LeVar said she brought this to the table in order to open it up for discussion.  

Richard Billman seconded the motion for purposes of discussion.  

Richard Billman said he has a great deal of concern over some of the issues as many people have made comments.  Mr. Billman said he feels it to be an extremely large work.  Mr. Billman noted that there will be a meeting on May 18 and said what concerns him most is that to get a zoning ordinance passed but not one that is as picky as some of the items that he has seen in the current draft.  Richard Billman said he has concerns but is in favor of zoning.  

Paula Glidden said she does not feel this is where the Board should go.  Mrs. Glidden said that it is done through the RPC and the Commissioners.  Paula Glidden said we had a year and a half to debate this and have gone down that road for TriCore and does not believe this to be a place for the Town to step in now and say we do not want this.  Mrs. Glidden said there are reasons that TriCore has put together through their own reasons for the zoning ordinance.  Paula Glidden asked why the Board is debating this at a Town Board meeting when it should be done through the TriCore forum at best.  

Charlotte LeVar asked if she could clarify.  Mrs. LeVar said she has no problem with the idea of zoning.  Zoning is a must.  Charlotte LeVar stated that in the present form of the zoning, the way it stands, it is very constrictive.  It is like adopting everyone’s CC&R’s (Codes, Covenants and Restrictions).  Mrs. LeVar said she is not sure if we should be tightening the noose around people’s necks.   

Paula Glidden said this is not the forum for this debate.  Mrs. Glidden said it is not the Town’s issue.  
Pahrump Town Board Meeting
May 11, 2004

Ed Bishop asked that if it is not the elected and appointed leaders of the Town’s position to take a stand or position for or against or otherwise, then who’s forum is it.    Mr. Bishop said Mrs. Glidden mentioned the number one reason given by TriCore was because people want zoning.  Ed Bishop said that in the last week he has been receiving comment with a ratio of ten to one for people who do not want this ordinance.  They may not object to zoning but they do not want this ordinance.  

John Espana said that the poll by TriCore it was his understanding that the 400 people contacted was not a fair poll.  Mr. Espana agreed with Mr. Bishop’s comment that for one that wants it there are 10 that do not.  

Charles Yates commented that he had a statement to read.  Mr. Yates said that the Town and the Commissioners may have talked to TriCore regarding zoning, but the people have not.  

Paula Glidden asked why the people had not responded.  Mr. Yates said he never saw the notices.

Janie Yates explained that she could not get out last year due to medical difficulties and did not know anything about the zoning until three months ago.  Mrs. Yates read the statement for Charles Yates.  In it she referred to the TriCore telephone poll and that zoning or the word zoning was never a part of the poll.  Mrs. Yates asked how the poll accurately reflects a person’s view about zoning.  Janie Yates said that a few well written ordinances should be placed county wide in place of a 200 pages of a restrictive book to avoid cutting the waste in time and red tape, and paperwork.  Other issues include signs, junk yards, trash and abandoned autos and non-conforming.  Janie Yates said that Mr. Talbert of TriCore said that the master plan is a guide and zoning the teeth.  Mrs. Yates asked why any official would want to bite the people.  Janie Yates referred to page 174 of the draft.  

June Frye commented that the County paid $1.9 million for TriCore.  Mrs. Frye asked how the County is going to pay for all the people to come out to fine the people.  There will have to be harsh fines June Frye stated and the people cannot afford that.  Mrs. Frye said even some of the most beautiful homes in the valley have many things they are going to get fined on.  The way it is now there is no grandfathering.  June Frye said there are just so many problems with the ordinance why so much money would be spent on this project.  Surely there are people locally with brains enough to put his together.  Mrs. Frye said this is too fast and too much.  Mrs. Frye said this needs to be put on the ballot for the vote of the people.  June Frye commented that if it is not put on the ballot what are they afraid of.  

Jeanna Howard asked June Frye if she had a list of concerns or questions.  Mrs. Frye said that they have plenty of information.  Janie Yates said there is a website with most of their documentation on the website http://members.tripod.com\pahrumpliving.  Mrs. Yates asked for the Town and County to show the people how this ordinance will be enforced and what departments will need to be made, and the payroll that will have to be paid and estimate of what
Pahrump Town Board Meeting
May 11, 2004

this might cost.  Ms. Howard reminded Mrs. Yates that the Town Board is meeting with the TriCore people on Tuesday, May 18 at 7:00 p.m.  Janie Yates asked if it would be responsible for anyone to adopt a plan without knowing the impact and the cost first.  Richard Billman replied that he felt there is some distance to go before getting there.  Janie Yates again suggested that the item should be placed on the ballot for a vote to allow all the people to speak.  Jeanna Howard commended the group for it meeting and that it was very well organized and in control.  Janie Yates said she received a communication from Jim Talbert saying that they gave out misinformation.  

Lawrence Baker commented that he does not believe in the zoning and that the Town Board should not support any resolution to the County Commission approving this zoning.  It is not required by Nevada Revised Statutes 278 and only the master plan is necessary which has been voted on and in place.  

Walt Kuver commented on whether the issue of zoning is a good idea.  Mr. Kuver said that after working on the master plan and zoning ordinance for fifteen months it definitely is necessary.  Mr. Kuver said there must be an immediate mechanism to control explosive growth that Pahrump is going through.  Walt Kuver said there are over 34,000 vacant lots in Town currently.  Research has been done regarding water resources and identified twelve large parcels of land that have full agricultural water rights which totals 4200 acres and could yield 15,000 to 20,000 more houses under a planned unit development agreement.  Mr. Kuver said we need to get the zoning regulations in place to control what happens with new development.  Walt Kuver stated he was present at the RAZ (Residents Against Zoning) meeting and feels there was some partial information but there was some very good points made that had been overlooked so far in the ordinance which need to be brought into the process and debated.  It will be hard to make a recommendation without facts and misinformation.  More information will be made available next week to help the Board understand why it is in the ordinance and where it is based on.  Mr. Kuver asked for rational behavior, a positive debate based on facts, stay away from emotions that always tend to be raised.

Al Parker commented that he thinks not only Pahrump, but all of Nye County needs to be looked at for the future.  Mr. Parker gave some statistics from the State Demographers Office regarding population.  Mr. Parker noted within ten years Pahrump will be as large as Carson City.  Al Parker said you have to plan for growth as it will grow.  To attract businesses to come to Nye County you will not only need a master plan, you will also have to have some zoning.  Mr. Parker stated that you cannot have economic development and not have zoning.  Mr. Parker said you need to have all the facts and what is in the ordinance and how it will affect us.  The ordinance needs to be understood in a larger context.  Mr. Parker explained that we need to plan for the growth or the growth will manage us.  Al Parker said he feels that TriCore has not finished its work yet.  Mr. Parker suggested bringing all of the concerns as a community to the Town Board and address it through TriCore and see what the final plans and recommendations are going to be, and look at the future of this Town.  

Pahrump Town Board Meeting
May 11, 2004

David Bernard asked why the Town Board had no say in what the Commissioners are doing.  

Paula Glidden said there have been on going discussions and this is not being voted on next week.  This is a step and a phase the Board is going through.  Ms. Glidden suggested Mr. Bernard attend the meetings.  Mr. Bernard said he has been attending and why is the Town Board and the Commissioners not working together.  Paula Glidden noted that the County is paying the bill and the Town Board has been invited to participate in some of their meetings.  

Jeanna Howard explained that the meeting on May 18 is showing how the County Commissioners and TriCore are having the Town Board and the constituents the opportunity to give their input.  

Mary Paskvan stated that she has been involved with the steering committee on the master plan.  The master plan has been a year and a half process.  Ms. Paskvan said that over a year was spent on the master plan and only five months on the zoning ordinance.  The draft of the zoning ordinance is out Mary Paskvan noted and it is the one that the Commissioners will be voting on at the May 17 meeting.  Ms. Paskvan said she has a problem with County ordinances that are only enforced in Pahrump.  Mary Paskvan said she is not against zoning but is against something so restrictive that tells her where on her two and a half acres she can place her house and what color she has to paint it.  Ms. Paskvan said she did not buy in a CC&R community but does not want her house to look like everyone else’s.  Mary Paskvan said she has a problem with an ordinance that tells people that have bought property here and improved it that they cannot stay on it in their RV without paying a bribe to get a conditional use permit to spend the winter on property they paid for.  The ordinance needs a lot more work.  

Joe Cris commented that he is very emotional about the ordinance and feels the ordinance should be placed on the ballot and put to a vote of people to decide.  

Casey Cris commented that she raises American Miniature Horses and moved here from Las Vegas because of the zoning.  Mrs. Cris stated that some of the restrictions in the current draft are even more restrictive than in Las Vegas.  There are many issues that need to be addressed.  There are many things that need to be looked at.  

Paula Glidden said she will only take a couple more comments as she feels this is not the forum for this debate although she appreciates the comments.  

Terry Nelson commented that she has seen an unapproved pre zoned maps.  Owning two – five acre parcels and according to the map she will no longer be five acres.  Mrs. Nelson said she is not for zoning.  

June Frye asked if someone said there is nothing on the Commissioner’s meeting for Monday, May 17.  Paula Glidden said there is a special meeting on zoning and is not sure about what is on

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the Commissioner’s agenda.  Mrs. Frye said there are items on the agenda concerning zoning issues on May 17.  

Lawrence Baker commented that a County Commissioner told a citizen that he is for the zoning and is going to vote for it.  

Henry Neth commented that there is a lot of speculation and anxiety concerning the zoning ordinance.  Mr. Neth thanked all those who supported the ordinance in their comments and those that opposed the ordinance by getting involved.  Henry Neth said that any ordinance that is out there now is a draft.  Until the County Commissioners have a public hearing on June 15 the public has an opportunity to make comments on the final version of the ordinance.  At the public hearing for the RPC the public will be allowed to voice their concerns and opinions and talk about what changes they would like to see.  Mr. Neth said he believes that TriCore will do everything they can within the law to appease all concerns regarding zoning.  Henry Neth encouraged the public to be constructive in their criticism of the ordinance.  Mr. Neth addressed the grandfathering issue.  

George Gingell commented that they are trying to put cookie cutter ordinances in to cover the entire place when it should not be done.  Mr. Gingell said he feels the realtors here are trying to push this ordinance too fast and not give enough time for the people to give input.  

Jeanna Howard commented that many of the issues brought up tonight are interesting and explained that TriCore will be present on May 18 to discuss this issue.  Ms. Howard stated that many of the issues have already been addressed.  Jeanna Howard encouraged the public to attend that meeting.  

Charlotte LeVar withdrew her motion and Richard withdrew his second.

Charlotte LeVar Motioned to have this item repeated on the agenda for the first meeting in June.  Ed Bishop seconded the motion.  

Vote passed 5 – 0.

DISCUSSION, ACTION AND DECISION REGARDING RESOLUTION 2004-02 CONCERNING TORTOISE AND ENDANGERED SPECIES ACT TO NYE COUNTY

Dave Richards explained that Resolution 2004-02 was placed back on the agenda and has been thoroughly researched by the Town’s Attorney and has been found to be legal and in compliance.  Mr. Richards said he is confidant that the resolution accomplishes what the Town wants to do which is try to provide some relief to the residents who have development proposals by reducing the cost of the prosecution of residents, reduced cost per acre for mitigation, and consulting costs feeding the permitting process to reduce the cost of future BLM land conveyances and to encourage development.  Dave Richards made a suggestion that in the first “whereas” the words
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following numbers be removed and delete the list following as it is not required for this resolution.  Mr. Richards recommended that this resolution be approved asking that the Town Board encourages Nye County to apply for an incidental 10A permit for the reasons listed.  

Richard Billman Motioned to accept Resolution #2004-02 as recommended by Mr. Richards.  Charlotte LeVar seconded the motion.

Vote passed 5 – 0.

Charlotte LeVar asked if there has been a recommendation after is passes on where people can go to get a permit.   Cristina Hinds replied they would have to go before Nye County and thinks that after drafting this resolution she found out that Nye County decided to go forward with the process.  

DISCUSSION, ACTION AND DECISION REGARDING USING AN INTERNET SERVICE, ACCURINT, A COLLECTION ASSISTANT TO HELP SKIP TRACE FOR EMS ACCUNTS TO AID IN COLLECTIONS

Toni Glines and Dee Dee Koumrian explained that they would like approval of the Board to use Accurint to aid in collections.  Toni Glines stated that they are an internet service which will allow them to locate addresses.  The service allows the billing department to go online and enter a social security number or name and it will locate the most current address and phone number so they can resend the bills thereby sending fewer accounts to collections.  Mrs. Glines explained that there are so many billings going to collections currently as they do not have the time to look for addresses.  This will allow them to access information easier.  Toni Glines explained that there is a contract to be signed which says we must abide by their rules and policy on the internet.  The cost is twenty-five cents each time there is a successful search.  Billing is done monthly and if the service is not used there is no charge.  There are no monthly or annual fees.

Richard Billman said he has used Accurint for approximately three or four years he does not have any super objections but feels they are thinking they will be getting much more out of Accurint than they will.  The addresses they provide are usually not as current as the address the billing department might have.  Mr. Billman said they get their information from the credit bureau.  Mr. Billman said that Accurint will always find an address.  Richard Billman said a skip tracing service such as this is time consuming.  

Toni Glines said they have a thirty day trial and by doing this it will allow them to see if it is helpful or not.  

Jeanna Howard asked if there was a company that Mr. Billman might recommend.  Richard Billman said they are all alike but he is using Accurint in his business.  Mrs. Glines responded that they have checked into other companies but found them to be more expensive.  

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Ms. Howard commended the billing department for its due diligence and asked that they report on the success of the usage.  

Jeanna Howard Motioned to approve the billing department’s utilization of Accurint.  Richard Billman seconded the motion.

Paula Glidden asked if this is for approval for full time or for the thirty day period.  Charlotte LeVar suggested she would prefer seeing it as a trial basis only to see if it can be successful.  Toni Glines explained that by taking it with the 30 day trial if it appears to be working well they can go right into the system and would not have to resubmit and reapply.  If the 30 day is done, you are cut off after 30 days and must reapply.  It would require filling out the contract twice.  

Paula Glidden clarified that after the 30 day trial the Town can say no if it is not worth it.  Jeanna Howard noted that there is no cost if it succeeds or not according to the contract.  

Jeanna Howard asked Dave Richard why this is on the agenda.  Mr. Richards explained that it is because of it being a contract.  

Lawrence Baker commented that he is experienced in skip tracing and bounty hunting and found that ATT cross reference file to be the best source of information.  Richard Billman explained that it is much more expensive now.  Mr. Billman said he feels you would never get the return from it.  

Ms. Howard noted how transient health care is here.  

Vote passed 5 – 0.  

DISCUSSION, ACTION AND DECISION REGARDING RSVP VOLUNTEER PROGRAM TO ASSIST IN OBTAINING VOLUNTEERS TO ANSWER PHONES AND MAN THE BURN DESK

Pearl Lemioux (Dearborn) explained she recently attended a volunteer fair to recruit volunteers for the Fire department for several areas.  Ms. Lemioux stated that one of the areas of concern was the burn desk.  There are twelve shifts of four hours each for people to man to allow residents to call in for burn permits on days burning is allowed.  These volunteers record on a computer these calls.  Currently, there are five people filling the twelve.  At the volunteer fair, Ms. Lemioux met Laura Cherry and felt that her program could be of value to the Town of Pahrump in the fire department and the Town office.  

Laura Cherry, Project Director for the Retired and Senior Volunteer Program (RSVP) which is a federally funded program under the Corporation for National and Community Service.  Ms. Cherry said the program is for retired or seniors over the age of 55.  The biggest benefit that RSVP can offer to the Town and especially the fire department is that any volunteer 55 an older
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who signs up with the RSVP program has insurance liability for them.  This service is free to the volunteer and free to the Town.  There are three types of insurance, accidental death and injury, personal liability and supplemental auto and is available to any volunteer who works at least one hour every ninety days.  Current volunteers can sign up with the program.  Additional benefits are given to those that sign up through the RSVP sponsor, Catholic Charities, and offer a $10 a month car allowance and some additional benefits.  If this program is to begin with the Town, Ms. Cherry noted that there is a Memorandum of Understanding (MOU) that will be signed and basically says the Town will provide training for any volunteer in their position and will not use the volunteer to replace a paid person and will keep RSVP informed of what is going on with the volunteer should they have an accident or be dismissed.  RSVP will then agree to carry all of the liability insurance on the volunteer, aid in recruitment, provide an orientation for the volunteers.  Currently there is an MOU with the Nye County School District and work with the Library as well as with Hospice.  This program covers all of Southern Nevada and there is a similar agreement with the City of Las Vegas, City of North Las Vegas, Henderson, and Overton.  Laura Cherry explained that it is usually a three year agreement but may be ended by either party.  This will be a way to allow for some additional benefits for volunteers.

Jeanna Howard asked for more information on the liability insurance.  Ms. Cherry explained that it replaces workman’s compensation.  It releases the Town from Liability.  There is supplemental auto that covers the volunteer while driving back and forth to their volunteer work.   Jeanna Howard asked what the Town receives.  Laura Cherry said they will help with reimbursement for the travel costs for those volunteers that need it.  There is no direct money given to the Town.  Many of the agencies RSVP works with have done away with the workman’s compensation for the volunteers as all their members would be covered under RSVP.  

Richard Billman Motioned to accept RSVP volunteer program conditional on the acceptance by Counsel.  Jeanna Howard seconded the motion.   

Charlotte LeVar asked if the volunteers could be used for more than the burn desk.  Pearl Lemioux replied it could even be utilized outside the fire department and could be used for the Town of Pahrump.  Ms. Cherry replied that once the agreement is signed, any volunteer for the Town of Pahrump could be on this program if they are 55 or over.  

Vote passed 5 – 0.

FIRST READING OF THIRD AMENDMENT TO PAHRUMP TOWN ORDINANCE #35 – BUSINESS LICENSE ORDINANCE REPEALING PERMISSIVE INCLUSIONS OF SOCIAL SECURITY NUMBERS FOR APPLICANTS AND INCREASING BUSINESS LICENSE FEE FROM $40 TO $50

Charlotte LeVar read the title of this amendment to the ordinance.  


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Charlotte LeVar asked if there is still a clause in the permit for businesses not doing $10,000 or more being exempt.  Cristina Hinds replied that the remainder of the ordinance remains the same.  

TOWN MANAGER’S REPORT

Dave Richards reported that he met with Duvera Financial Services who specialize in collections.  This meeting was regarding the ambulance accounts to discuss the potential of them placing a value on those accounts.  Mr. Richards said it was a worth while meeting.  There has been no follow up to their request for a list of accounts that he had asked for samples from accounts we may want them to consider to purchase.  This will be followed up on at a later date.  Once a report is received from Mr. Duvera on what he feels the accounts are valued at, a report will be prepared for the Board.  This would be a one time revenue account.  

Mr. Richards reported that labor negotiations continue.  There was a meeting on May 7 with little negotiations being discussed at that time as there were other matters to be resolved.  There are three other potential dates, one in May and two in June for negotiations.  

The employee health care policy renewal review is on going.   Mr. Richards noted that May 24 is the deadline for proposals.  A date has been set to meet with one agent has been set.

Dave Richards noted that the final budget hearing is scheduled for May 20 and public comment is encouraged at that time.

Mr. Richards reported that the skate board park closure is continuing.  The general contractor has submitted a request for final payment and is under review by the Town Attorney.  An invoice has been requested and was given a letter.  There are issues with the bonding company and with the contractor and what might be the final total.  

Dave Richards reported that an estimate has been received for mold remediation from the July 2003 flooding of the Town Office.  The estimate was proposed at approximately $5,000.  

Mr. Richards noted that the taxation workshop with Carole Vilardo has been cancelled and another date has been proposed and found to be in conflict with another meeting.  Dave Richards said he would be in contact with Ms. Vilardo concerning another time or date.   Jeanna Howard proposed moving the Fall Festival meeting to accommodate Ms. Vilardo and to please consider that as an option.  

Dave Richards stated that the strategic planning workshop with Beller and Associates was held April 28.  May 5 was the deadline for submission of email mission statements.  As of May 11, not everyone had responded.  A draft mission statement will be prepared from those submissions for the Town Board to approve.  More meeting will be set up with the Town Board and town staff to set objectives based on the mission statement.  
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Mr. Richards reported having a meeting with the television stations in Las Vegas on April 30.  It was determined that only two stations need new translators that may cost approximately $10,000 each.  There are sufficient funds to cover this expense in the Television Fund and the station engineers stated that digital facilities will not be required until 85% of the valley is digital capable.  The Federal Communications Commission has let the 2006 deadline float and it is anticipated another 10 years of analog service.  Dave Richards said it is in our best interest, if the Board feels it is to the best interest to the community, that the two new translators will accomplish this at minimal cost.  When the specifics are known regarding the station needs Mr. Richards said he would provide the Board with a report.

Dave Richards reported that he met with the Janssens concerning the purchase of the cemetery and compiled a list of materials and documents they requested.  Currently, the Town Attorney is reviewing the NRS and other restrictions that may apply to the sale of the cemetery.  Mr. Richards noted that when reviewing the materials there was a revertor clause that returns the operations to the county if the Town desires to terminate cemetery operations.  Dave Richards said he does not want to spend a lot of time with perspective buyers or those that may want to acquire the cemetery if the Town Board is certain it wants out of the cemetery business.  

Mr. Richards reported that he received a call regarding weed abatement of tumble weeds.  Dave Richards said he visited a couple of residents and found they have real issues.  The problem is one that needs to be taken seriously.  The issue concerns elderly people that do not have the capacity to clean their yards as a result of negligence of the property owners across the street.  There are issues concerning the Town being able to pass a weed abatement ordinance or whether the Town can enforce the uniform fire code.  Mr. Richards said everyone is claiming no responsibility for this.  Someone needs to step up and make the property owners that are generating the tumble weeds responsible.  Dave Richards promised those residents that he would find a way to address those problems.  Mr. Richards said he will do whatever he can to see this issue is resolved.  

ADVISORY BOARD REPORTS

Paula Glidden reported that the Tourism Board worked on the Rural Round Up and did a great job representing the Town.  

Ms. Glidden reported that the Fairgrounds Advisory Board is moving forward in a direction planning progress on the fairgrounds.

Paula Glidden stated that the Emergency Services Advisory Board is still compiling the emergency disaster plan.  

Jeanna Howard read a resolution from the City of Carlsbad, New Mexico that was received by the Nuclear Waste and Environmental Advisory Board concerning the sisterhood of the two locations.  
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DISCUSSION, ACTION AND DECISION REGARDING MEMBERSHIP TO THE NUCLEAR WASTE AND ENVIRONMENTAL ADVISORY BOARD.

Jeanna Howard Motioned to approve Dave Swanson to the Nuclear Waste and Environmental Advisory Board. Richard Billman seconded the motion.  

Vote passed 5 – 0.  

DISCUSSION, ACTION AND DECISION REGARDING GOING TO BID FOR WATER RIGHTS FOR FAIRGROUNDS  

Dave Richards stated that a sample bid has been prepared for 30 plus acre feet of valley floor water rights from the Pahrump Basin.  Mr. Richards explained that the deadline for bids is on or before May 28, 2004 by 5:00 p.m.  Additional requirement which the Town Board may approve at its discretion, a $50.00 non refundable administrative fee in the form of a cashiers check or money order, all bids will remain open until August 8, 2004 and must be submitted with a $2,500 refundable deposit as a show of good faith also in a cashiers check or money order.  Once the bid is awarded and both parties sign a contract all bidders shall be refunded the entire amount of their deposit.  If any bidder withdraws their bid prior to the town obtaining a valid contract, the bidder shall forfeit the $2,500 deposit.  Bid may be awarded at the June 8 Pahrump Town Board meeting.  Mr. Richards said it was the recommendation to the Board to approve this bid.

Ed Bishop Motioned to approve the Invitation to Bid.  Charlotte LeVar seconded the motion.  

Charlotte LeVar asked who will be monitoring the process.  Mrs. LeVar said she understood that there were water rights that the Town had gone out for previously and Mr. Richards was not part of the community at that time and asked Dave Richards why those were lost.  Dave Richards explained that the bid received was entangled in some sort of defunct corporation.  It was difficult to get someone to respond to correspondence or attempts at contact.  As time passed, and efforts rebuffed or ignored a letter by mail came saying the offer had been withdrawn.  Mrs. LeVar asked who is going to take the responsibility of staying on top of this issue.  Dave Richards replied that he would accept that responsibility.  

Tim Hafen said it was difficult to understand the motion as read by the Town Manager of 30 plus acre feet.  Mr. Hafen said he would prefer the Board change the amount to read 75 to 100 acre feet as that is what the fairgrounds will need ultimately.  Tim Hafen suggested that the motion be amended to say up to 75 acre feet or whatever the Board decides depending on budgetary constraints and the decision of the Board to be final.  Mr. Hafen said the Fairgrounds Advisory Board may have to massage their budget and change some of the priorities in the budget to get the water rights now and do some of the other improvements at a later time.  

Jeanna Howard said she favors Mr. Hafen’s suggestion.  

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Tim Hafen said with this solicitation the Town will be able to find a source of water rights in an amount the Town can afford.  This will be a window of opportunity that the Town will not see again.  

Charlotte LeVar withdrew her second.

Ed Bishop amended his motion to accept the Invitation to Bid with the change of 30 plus acre feet to read up to 100 acre feet of valley floor water rights contingent on budgetary concerns and considerations.  Charlotte LeVar seconded the motion.

Dale Schutte commented that he urges the Board to go for the maximum amount that can be gotten now as there may not be another chance.

Vote passed 5 – 0.

DISCUSSION, ACTION AND DECISION REGARDING ITG BUSINESS LINK AND WEBMASTER AGREEMENT

Dave Richards explained that this agreement was the result of a meeting he had with Mr. DeMasi of ITG Enterprises.  It was discussed what ways could be used to utilize the website to generate revenue for the Town and felt this was a very creative idea.  Mr. Richards said what we will do is provide the licensed businesses with a link to our webpage.  The link and webpage will be designed and maintained by ITG Enterprises and in exchange for allowing them to do this the Town will be generating $20 per year for the link and $40 for the webpage.  At the moment, Mr. Richards stated there are approximately 1700 businesses listed.  It is not anticipated that each business will participate but it is expected to generate approximately $20,000 the first year and hope every year after that.  The funds will be used for the business license enforcement program and not for any other purpose.  Dave Richards said that the agreement being proposed is for a five year period to provide stability for this service and to make the service more efficient.  This will be an exclusive agreement with ITG.  It is in the best interest of the Town that there be tenure and stability as there is a good deal of revenue at stake.  Mr. Richards said there are a number of issues that the agreement addresses that are of interest to the Town Board in that ITG will pay the Town of Pahrump payments collected the previous month.  There will be an itemized listing of each account shall accompany each payment.  ITG will allow the Town to do a yearly audit if the Town deems necessary.  Mr. Richards covered some of the other issues in the agreement.  The agreement allows for the Town to approve the contents of all sites.  Dave Richards said he feels this is a win, win situation for the Town and the businesses and ITG.  

Richard Billman Motioned to approve the contract with ITG as presented by Mr. Richards.  Ed Bishop seconded the motion.  

Richard Billman asked Ms. Hinds if she has reviewed the contract and asked if she was comfortable with it.  Cristina Hinds said she drafted this contract and pointed out that there is a
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mistake in number 2, Purpose; web link should read webpage, or website.  Ms. Hinds noted that under 6(B), under Towns Duties, ITG asked that in the business license renewals the Town will include the options be mailed with those renewals.  

Jeanna Howard commented that since we are not enforcing the business license now, just because a business has a license we cannot testify to the validity of the business.  Ms. Howard asked if we have a very broad spectrum of types of businesses in the community, is this a blanket offer that anyone with a business license can utilize or may there be a time when a specific type of business that the Town does not want to have on the Town of Pahrump’s website.  Would this be a concern at some point?  When we have this link is this an endorsement of some type?  Will these links be monitored for accountability?  Are there any protective measures?

Cristina Hinds replied that this is much like the “West Side of Charlie” contract and in the ITG contract it states the Town has the right to approve of each contract with the other parties.  

Richard Billman noted that business licenses do not mean they are above board and it simply means that the business is licensed to do any and all legal business.  When Mr. Billman discussed the links with Mr. DeMasi it was something that the Town could make some money from and at the same time businesses in Pahrump would want to license their business.  

Jeanna Howard asked if this is a common practice among governmental websites to engage.  Mr. Richards replied that it is not necessarily common for Towns or Cities to include this, but would not say it is unheard of.  Dave Richards said that normally it would appear on the Chamber of Commerce site.  Jeanna Howard asked if because a bar or sexually oriented business has a business license how does the Town say no to a link on a website without getting into trouble.  Is there a potential of the Town running into this problem?  

Patricia DeMasi responded that the Town of Pahrump reserves the rights to refuse the service.  This is part of the terms and conditions agreed upon.  

Ed Bishop asked Cristina Hinds about state law concerning where certain businesses can advertise and would those laws be applicable to our website.  Cristina Hinds replied that those businesses referred to do not hold business licenses with the Town.  Ms. Hinds said she does not think the Town can issue a blanket statement allowing some people to have links and some not as there could be some first amendment issues involved.  Cristina Hinds said there could be language regarding the non endorsement and also the Town can reserve the right to allow it to conform to community standards.  The advertising provisions would apply.

Richard Billman added that the situation does arise in Clark County and what happens when you click on the particular sight, for instance topless bars; it announces an adult oriented website.  Mr. Billman noted that the businesses do exist, are present and are legal enterprises.  


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Jeanna Howard added that a five year contract seems a little long.  Ms. Howard said her preference would be to shorten the contract.  

Dave Richards said he believes that five years to be a reasonable amount of time for the Town website and for ITG to develop the program and for both to determine if it will be successful or not.  Mr. Richards said he would hesitate to make it shorter and allow the opportunity to come in after ITG has done a good deal of work in setting the program up and someone else reaps the benefits.  Richard Billman asked Cristina Hines if she has a cancellation clause in the contract.  Dave Richards responded there is a cancellation clause.  Jeanna Howard asked if the relationship with ITG prior to this has been month to month.  Patricia DeMasi replied that it was true.  Jeanna Howard confirmed that the Town is going from a month to month contract into a five year contract.  Cristina Hinds replied that it was true.  Dave Richards indicated that it was his recommendation to make this a long term contract and not ITG recommendation.  Jeanna Howard asked what the out clause is.  Cristina Hinds replied that it is generally the same as any contract.  If there was a breech of contract, for example that ITG did not do what they were suppose to do like pay the Town timely, or if they did not abide by the contract that the Board approved or if they created different contracts, any tem violated would be cause for termination of the contract.  If they were not in breech the Town would be in a five year contract and would not provide for a lot of ways to get out of the contract.  

Paula Glidden asked that in the cancellation contract which states the Board would have an open meeting to decide severing of the contract is there a 60 day limitation or can it be done in one meeting as it is written.  Cristina Hinds said it was originally set up to be informally resolved by the Town Manager.  Ms. Hinds noted that ITG wanted different cancellation provisions.  They wanted more protection and settled for much less than originally asked for.  The cancellation could be made as the Board votes whether it is 60 day, 30 days or immediately.  Paula Glidden said she would like to see it written in the contract a time limit.  Cristina Hinds confirmed that Ms. Glidden wanted to include “after the Town Board, if they find or decide to terminate ITG they shall give 60 days notice, or will that meeting constitute 60 days notice”.

Mr. Billman added that it will benefit the Town as it is a website and if terminated immediately the Town would be without a website.  

Cristina Hinds asked that the motion be withdrawn and add the changes to the contract as discussed; the cancellation provision, (section 6B) that makes it clear that hard copies will be sent with renewals, and adding the language webpage in addition to link and website (section 2).

Richard Billman amended his motion to comply with the above changes.  Ed Bishop seconded the amendment to the motion.  

Vote passed 5 – 0.  


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DISCUSSION, ACTION AND DECISION REGARDING REQUEST TO COUNTY FOR TWELVE CHAIRS FOR NYE COUNTY COMMISSIONERS, REGIONAL PLANNING COMMISSION AND TOWN BOARD

Jeanna Howard explained that one of the RPC Co

 


Backup

There is no backup posted for this meeting.