Agendas & Minutes


May 13, 2008

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 NORTH HIGHWAY 160
TUESDAY – 7:00 P.M.
MAY 13, 2008

 


Agenda

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

2.    Discussion and decision regarding agenda items.

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

4.    Advisory Board Reports

5.    Announcements and “Good News”.

6.    Discussion and decision regarding the Desert Tortoise Habitat Conservation Plan.  Michael Sullivan/MaryEllen Giampoli

7.    Discussion and decision regarding water rights acquisitions.  Michael Sullivan

8.    Discussion and decision regarding awarding lottery for the July 4th Freedom Festival.  Laurayne Murray

9.    Discussion and decision regarding award of Bid #2008-03 for TV Tower Replacement construction bid.   Michael Sullivan/Matt Luis

10.    Discussion and decision regarding Resolution #2008-07 for PAVED Grant Application.  Michael Sullivan

11.    Discussion and decision regarding Resolution #2008-08 for Pahrump Arts Council Grant Application.  Michael Sullivan

12.    Discussion and decision regarding approval of conceptual plan for PARC.  Al Balloqui.

13.    Consent agenda items:

a.    Action – approval of Town vouchers
b.    Action – approval of Town Board meeting minutes of April 22, 2008.
c.    Action – approval of Jacob Skinner as a member of the
Incorporation Advisory Board

14.    Adjournment.


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

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

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

 


Minutes


PRESENT:                        ABSENT;
Laurayne Murray                Dan Sprouse
John McDonald
Don Rust
Nicole Shupp
Michael Sullivan, Interim Town Manager
Carl Joerger, Attorney
    
1.    Call to Order, Pledge of Allegiance, and Welcome.

Chairman Murray called the meeting to order and led in the pledge of allegiance.

2.    Discussion and decision regarding agenda items.

Mrs. Murray received a request that Item #11 (Discussion and decision regarding Resolution #2008-08 for Pahrump Arts Council Grant Application) be moved up in the agenda.  There were no objections to this request.

3.    Public Comment.

Steven Lee provided an update of the May 3 Professional Bull Riders event.  Mr. Lee reported that the PBR was happy with the event and would be looking into doing it as an annual event.

4.    Advisory Board Reports

Don Rust reported that the Incorporation Advisory Board met and are on their way to completing a feasibility study for presentation to the Town Board by July 2.  It will be on the agenda for the July 8 Town Board meeting agenda.  

John McDonald reported that the Arena Advisory Board will be holding a workshop toward the end of the month to review and possibly revise their constitution and by-laws.

Al Balloqui reported that on behalf of the Incorporation Advisory Board he provided a copy of the proposed informational brochure and requested the Board’s input.  

Michael Sullivan asked if there was a deadline.  Mr. Balloqui asked for approval this evening.  Mr. Rust pointed out that it was not on the agenda.  Mr. Sullivan said he did not feel consent was needed.  He asked that the Board submit their comments by tomorrow so it can go to print.  Bids were collected and all are within the range suggested.

5.    Announcements and “Good News”.

Phil Huff of the Pahrump Valley Museum announced that the Pahrump Museum and the Daughters of the American Revolution and the Nevada Civil War Historical Society, along with the Town of Pahrump and the Tourism Advisory Board will sponsor, on May 17, at Petrack Park, a Civil War encampment and battle reenactment.  Demonstrations will take place including a mock battle with uniformed soldiers.

Laurayne Murray announced that on May 23 and 24, the Art N Sol event sponsored by the Pahrump Arts Council will held at the Pahrump Nugget.

Patricia Cox presented awards for participation in the recent Town Clean Up.  Awards went to Cub Scout Pack #808 and Girl Scouts Troup #216, Pahrump Valley Rotary and the Pahrump Valley High School Football Team.

Laurayne Murray presented certificates of achievement to the Special Olympics basketball team and coaches.





6.    Discussion and decision regarding the Desert Tortoise Habitat Conservation Plan.  Michael Sullivan/MaryEllen Giampoli

Mary Darling (for MaryEllen Giampoli) presented the information regarding the evolution of the Desert Tortoise Habitat Conservation Plan (DTHCP).  Ms. Darling is a Tortoise Biologist working in Nye County since 1992 and wrote the Landfill HCP for Nye County.  Ms. Darling noted that they would be attending the Nye County Commissioner’s meeting on May 20 (19) when the County will decide whether to accept the HCP as written with the 125 acre and 0.5 acre trigger.  USFWS is now proposing all Blue Zones to pay $250 per acre of actual disturbance.  The Red Zone is $550 per acre.  The White Zone has no fee.  

John McDonald referred to the PARC project.  It was determined that the land is in the White Zone with no fees.  

Laurayne Murray asked about a 0.5 acre trigger.  It was explained that someone would have to be disturbing more than ½ an acre to have it counted in the 125 acre allotment.  Chairman Murray asked what would happen if there is no HCP.  Mary Darling replied that according to a letter dated May 8, USFWS threatens legal action.  

Public Comment:

?    Dave Stevens commented that the environmentalists have gone too far.

?    Jacob Skinner asked what happens to the fees that are collected.  Mary Darling replied that the fees would be used locally to collecting seed, education the public, and rehabilitating lands never to be developed.  

?    Tim Hafen commented that the Board should understand that the County will be looking at this Plan next week.  Mr. Hafen stated there is still a lot of work to be done on this HCP.  In order to qualify as a Low Effect HCP only 125 acres can be disturbed.  It was said that a larger developer can go to USFWS, however he received a letter that indicates you cannot do that.  
?    Larky White commented that he hoped the Board would consider this plan carefully and it sounds like a bullying tactic by USFWS.   

?    John McDonald wondered about contacting the Congressional delegation concerning this.  If the USFWS is getting pressure from environmentalists it must be coming through them

7.    Discussion and decision regarding water rights acquisitions.  Michael Sullivan

Michael Sullivan explained there are two separate requests.  The first for consideration by the Board is to acquire up to 100 acre feet of water rights.  The amount tendered so far is less than 100 acre feet at $12,000 per acre foot.  The allocation would be designated for the Kellogg Park site which will need approximately 5 acres for each acre of turf.  Mr. Sullivan explained that the second part of the recommendation would be subsequent and parallel to the approval by the State Engineer to secure some long term tax exempt financing to make a long term asset with a long term payment of the debt service by future growth in the community to support the park.
Michael Sullivan noted that there has been a standing approval of the Town Manager to acquire water rights up to $13,500 per acre foot.  With the market changing the current offer by this family is $12,000 per acre foot.  

A second part of the motion would allow for the starting of the process of doing the exempt financing taking approximately three and five months.  Research has been done and the review shows them in good standing.  A plan for financing will be brought back to a future meeting.  The tax exempt financing has been used in the past to acquire fire equipment.  

Don Rust asked if the taxes and financing can be used for any purpose.  Michael Sullivan replied that the dedication of the financing would be for this purpose when the notes are issued.  Mr. Sullivan noted that taxes on financing could be used for any purpose.

John McDonald clarified that the plan is to use the water rights as the collateral.  Mr. Sullivan explained that there are other options which will be brought back to the Board.

Laurayne Murray asked if we are to obtain the financing it would be dedicated for the purchase of water rights or for the Kellogg Park.  If the Town is able to obtain a pipeline for affluent water from a near by source could it go for the cost of developing the pipeline.  Mr. Sullivan said this payment would be to acquire these water rights  Mr. Sullivan noted that there is one other acquisition which is being worked on that has been approved, but has not gone to escrow yet.  Mr. Sullivan said he would bring back options for consideration in an upcoming meeting.  

John McDonald said his preference would be to limit the fund for restrictive use of water rights, not necessarily for a particular site.  Michael Sullivan explained that when transferring water rights you have to move them to a certain destination.  The financing will be definitive to the purchase of water rights.  

Don Rust motioned to begin acquisition of up to 100 acre feet of water at a price of $12,000 per acre foot funded by medium term financing and direct the Town Manager to have Armstrong-Teasdale prepare the necessary documents and related submittals as required by the State Engineer to transfer the shares to the Town’s ownership and to commence the process to secure tax exempt financing sufficient to cover the purchase price and related acquisition costs with the Town’s fiscal advisors, of J and A Consulting Group, LLC.   John McDonald seconded the motion.

Motion  passed 4 – 0.



Michael Sullivan pointed out that there was a second part to the acquisition.  Mr. Sullivan explained that this would be a request to purchase 17 acre feet of water rights, not to exceed $165,000 plus related legal and engineering costs. These, if acquired, will be used at various locations, and will complete an analysis of what is available at exiting park sites. John McDonald asked if the cost per acre foot is known.  Mr. Sullivan replied that it is a variety of prices.  Once completely assembled, Mr. Sullivan said he would provide a chart.

Don Rust Motioned to begin the purchase of 17 acre feet of water rights for a total cost not to exceed $165,000 plus related legal and engineering costs using Nye County General Fund Capital Projects money.   Nicole Shupp seconded the motion.

Motion  passed 4 – 0.  

8.    Discussion and decision regarding awarding lottery for the July 4th Freedom Festival.  Laurayne Murray

Laurayne Murray updated the Board that on Wednesday morning the Chamber of Commerce is proposing a coalition to take over the event.  They are willing to bring together various charitable organizations, assign responsibilities, making sure the event is scheduled and prepare for at least a 2 day Freedom Festival on Friday and Saturday.  One piece is Mullco Entertainment and will follow on questions previously presented by the Board.  James (Jim) Mulleague explained that they have been putting together an entertainment package.  

John McDonald Motioned to accept additional documentation.  Nicole Shupp seconded the motion.

Motion passed 4 – 0.


Don Rust Motioned that the Board permit Mullco Productions to work with the Pahrump Chamber of Commerce to coordinate any activities that will occur assuming the Chamber takes over the function and proceed from that point.  Nicole Shupp seconded the motion.

Laurayne Murray asked that the proceeds are used in Pahrump for charitable organizations as in the past.

Don Rust included in the motion that any funds received (proceeds after expenses) is allocated to local charities.  Nicole Shupp seconded the amendment of the motion.

Motion  passed 4 – 0.

9.    Discussion and decision regarding award of Bid #2008-03 for TV Tower Replacement construction bid.   Michael Sullivan/Matt Luis

Michael Sullivan explained that the issues wit POOL/PACT have been worked out and will have to work out bonding with the awarded bidder and securing an inspector and project manager for making sure it is done to code and specifications.  Don Rust clarified that it is not the low bid but the approved by POOL/PACT.  Mr. Sullivan agreed that it is the lowest complete bid.  Mr. Rust asked when it would be expected to be finished.  Mr. Sullivan said he would check as materials and equipment would have to be ordered.  

John McDonald said it was his understanding it would return to analog broadcasting.  

Don Rust Motioned that the bid be accepted from GWR Technology, Inc. for $227,154.00 plus permits to replace the tower and all equipment required to go with it.  Nicole Shupp seconded the motion.  

Motion passed 4 – 0.

10.    Discussion and decision regarding Resolution #2008-07 for PAVED Grant Application.  Michael Sullivan

Don Rust read the Resolution title.  

Michael Sullivan explained that this is similar to the PAC request, to be a co-applicant with PAVED.  The funding will be coming from a USDA grant and should be granted at 100%.  Al Balloqui was present to answer questions from the Board.

Don Rust Motioned to approve Resolution #2008-07 as presented.  Nicole Shupp seconded the motion.

Motion passed 4 – 0.

11.    Discussion and decision regarding Resolution #2008-08 for Pahrump Arts Council Grant Application.  Michael Sullivan

Loretta Lindell, Principal Volunteer Grant Writer for the Pahrump Arts Council (PAC), explained an opportunity for a grant presented to the Pahrump Arts Council and by association to the Town of Pahrump.  Mrs. Lindell stated Geneil White is a volunteer for PAC and had offered her service to PAC and has proposed a grant to the Nevada Arts Council, Arts and Education Program.  

Loretta Lindell provided information about Dick Senior known as the keeper of the Wheeler Well.  Mrs. Lindell explained that although PAC is a federally tax exempt 501C3, the state license plate grand funds must be administered by a government agency; that is where the Town comes in.
John McDonald motioned to adopt Resolution #2008-08 after deleting the second and third paragraphs in the body of the resolution and that the Town support this program.  Don Rust seconded the motion.

Don Rust read the title of Resolution #2008-08.  

Motion passed 4 – 0.  

12.    Discussion and decision regarding approval of conceptual plan for PARC.  Al Balloqui.

Al Balloqui explained that the master plan has been received from LARC.  Mr. Balloqui said he has been visiting with other Advisory boards for input.  The plan was available at the BizExpo recently where they asked for questions from the public.  There will be two more public meetings for June 4 and for comments, suggestions, and recommendations.  Mr. Balloqui said he was asking that the Board accept the concept of the master plan and allow for making corrections as needed.

Don Rust Motioned to approve the conceptual plan for PARC subject to public comment.  John McDonald seconded the motion.  

Motion  passed 4 – 0.  


13.    Consent agenda items:

a.    Action – approval of Town vouchers
b.    Action – approval of Town Board meeting minutes of April 22, 2008.
c.    Action – approval of Jacob Skinner as a member of the Incorporation Advisory Board

John McDonald Motioned to accept the consent agenda items a, b, and c.  Don Rust seconded the motion.

Motion passed 4 – 0.

Michael Sullivan clarified with the Board that they are giving direction to Staff, that if the Chamber sends us something stating they would be taking over the Freedom Festival, the reservation will be transferred to the Chamber and they will work with Mr. Mulleague.  

Laurayne Murray explained there was no agenda item concerning future meetings.  She reminded that there is a budget meeting scheduled for Thursday, May 15, at 7:00 p.m.  

Mrs. Murray noted that the selection panel for Town Manager has progressed through the panel review and they are in the process of doing background checks with some individuals.

14.    Adjournment.
    
    The meeting was adjourned at 8:35 p.m.



Respectfully submitted,



Don Rust, Clerk
Pahrump Town Board


DR/cw
 

 


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