Agendas & Minutes


November 13, 2008

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 N. HWY. 160
THURSDAY – 7:00 P.M.
November 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 Town acquiring two (2) abandoned trailers and set them up near Petrack Park for our homeless, one for girls and one for boys, and charge a small fee for use.  Town Manager/Glenn Heesacker

7.    Discussion and decision regarding possible solution to address citizen concerns regarding vagrancy in public parks interfering with citizen access to use facilities and review of possible Pahrump Town Ordinance to be prepared for public hearings.  Laurayne Murray

8.    Discussion and decision regarding Town marquee postings.   Don Rust

9.    Discussion and decision regarding Catastrophic Leave Policy.  Town Manager

10.    Discussion and decision regarding review of Town Manager Job Description.  Town Manager

11.    Discussion and decision regarding Goals and Objectives #1, #2, and #4.  Town Manager

12.    Consent agenda items:

a.    Action – approval of Town vouchers
b.    Action – approval of Town Board meeting minutes of October 28, 200
c.    Action - authorize signing committee to approve accounts payables for canceled meetings, November 25, and December 23.
.
13.    Future Meetings/Workshops: Date, Time and Location.

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, TOWN ANNEX, COMMUNITY CENTER, COUNTY COMPLEX, FLOYD’S ACE HARDWARE AND CHAMBER OF COMMERCE

 


Minutes

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 N. HWY. 160
THURSDAY – 7:00 P.M.
November 13, 2008

MINUTES

PRESENT:
Laurayne Murray
Nicole Shupp
Don Rust
Bill Dolan (via phone)
Kirby Colson, Attorney

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

2.    Discussion and decision regarding agenda items.
No changes to the agenda were requested

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).
Mike Darby commented on the vagrancy issue.  
Mr. Thomas explained the Drivers Alert program, updating their progress in the community.
Don Rust asked that staff get the word to candidates to take campaign signs down.

4.    Advisory Board Reports
Jim Scott, Pahrump Veterans Memorial Advisory Board Secretary, reported on the progress of the columbarium project at the Chief Tecopa Cemetery.  They have gone out for quotes and will be back before the board at a later date to provide more information.

Al Balloqui reported for the Public Lands Advisory Board on the Last Chance Park meeting with consultants.  Their next meeting will be on December 3, 2008 at 7:00 p.m.  A special meeting will be held on December 11, 2008 from 10 a.m. until 3 pm. to bring in sponsors and contributors.  Mr. Balloqui asked for Town Board and citizen participation.

Laurayne Murray reported that the Tourism Advisory Board is continuing to work on revamping the procedure for grant applications.  They will be bringing something to the Board in December or January.

5.    Announcements and “Good News”.
Bill Kohbarger announced that Kirby Colson is representing Armstrong-Teasdale at this meeting.
Vicky Parker announced the United Way Cheers for Volunteers will be held November 14, at the Pahrump Nugget.  
Laurayne Murray announced information concerning the Pow Wow to be held November 21-22, at Petrack Park.
Janet Errett announced that Nevada Department of Transportation (NDOT) will be holding a meeting regarding a bus service for Pahrump and noted that a bus will be available to for the public to attend this meeting.  Bill Kohbarger said he is collecting letters of support and will be testifying at this meeting as well.

Laurayne Murray welcomed the newly elected Town Board members in attendance, Mike Darby and Vicky Parker.  

6.    Discussion and decision regarding the Town acquiring two (2) abandoned trailers and set them up near Petrack Park for our homeless, one for girls and one for boys, and charge a small fee for use.  Town Manager/Glenn Heesacker
Don Rust asked that this item be held until later if Mr. Heesacker arrives.  There were no objections.

7.    Discussion and decision regarding possible solution to address citizen concerns regarding vagrancy in public parks interfering with citizen access to use facilities and review of possible Pahrump Town Ordinance to be prepared for public hearings.  Laurayne Murray
Kirby Colson reviewed the amended wording for two ordinances; one setting what can be done in a park and the other describes the context of soliciting.  Mr. Colson noted that these are sensitive topics to the courts.  These ordinances do not intend to limit freedom of speech and freedom to assemble in parks.   Mr. Colson stated that they have tried to remain constitutionally correct and to only prohibit conduct that is of concern.  

Don Rust asked if the Sheriff reviewed the ordinances.  Mr. Kohbarger responded that it is coming to the Town Board to get comments and concerns before forwarding to necessary individuals.  Mr. Rust noted that he would like to seek comments from the Sheriff.  Nicole Shupp expressed the same concern.  The Town Manager asked for the Board’s approval before taking to the Sheriff.  

Nicole Shupp questioned Section 2, Prohibited Acts (a) referring to liquor in the park.  Mrs. Murray explained that permitting can be done for specific occasions.  There was discussion regarding when permitting would be necessary.  Mr. Colson noted that there are previsions for social or group events, the Town Manager or designate can issue a permit.  Mrs. Shupp suggested removing (a).  Laurayne Murray reminded the Board that this is for discussion and not a hearing.  Changes can be made before hearings begin.

Chairman Murray noted that it was requested that the repeal of a previous ordinance be added.  Mr. Colson said it would be added.  

John Koenig commented regarding permits, sleeping and solicitation in the parks.  
Mike Darby commented that the Nevada Revised Statutes prohibit the Town Board from passing ordinances regarding the consumption of alcohol.  Mr. Darby asked if overnight events would require permits for staying at the park.  
Jeff Bobeck commented that he agreed with Mrs. Shupp.  
Dave Stevens commented that he agreed with Mrs. Murray about getting something done at the parks.  If property was declared private, something could be done.
Donald Cox commented that if someone gets drunk in a park, the police can do their job and an ordinance is not needed.
Mike Darby commented that people were being registered for the election that used the park as their address and asked if there was any legal recourse for this.  Kirby Colson replied that there is no recourse and is almost certain they cannot use the address of the park as their home.  The homeless have no legal right to use it as their address, but is not sure if it is illegal to use on a voter registration.  Don Rust noted that it is a way to count people.  It would be an issue with the County Clerk as it is not a legal address.  
Janet Errett commented that the park, as it is now, is useless to families and youth groups and supports the ordinance.  
Donald Cox confirmed that the Town of Pahrump owns the park and as citizens, the citizens own the parks.
Laurayne Murray confirmed that it is a public park.  Policy and procedures are is use for other facilities at this time and they are public facilities.  Mr. Cox explained how Clark County controls drinking in the parks.  There was further discussion concerning the park facility.  Nicole Shupp pointed out that there is a large problem with enforcement.

Don Rust motioned to have the attorneys draft something that is definitive and takes into account all that has been discussed and present it again for review so there is a review prior to the meeting.  If approved for further action, it can go to the Sheriff for review.  

Kirby Colson stated that there would not have to be any changes except adding the provision repealing the prior ordinance, and to take out the provision regarding alcohol and suggest it be left in for part of the discussion at the hearings.  

Nicole Shupp seconded the motion.

Vote passed 4 – 0.  

8.    Discussion and decision regarding Town marquee postings Policy and Procedures.   Don Rust
Don Rust noted that after talking with staff, there is no policy or procedure for using the marquee.  
Mr. Rust proposed that a policy and procedure be established.  

Kenny Bent asked about the possibility of putting in a digital marquee.  Don Rust replied that informal quotes were in excess of $50,000.  Laurayne Murray directed Mr. Bent to talk to Michael Sullivan regarding this and the subject is part of the budget discussion for the Tourism Advisory Board.  Ms. Westphal explained that events on Town property are placed on the marquee as space allows.  If room is available, off site events for organizations can be placed on the marquee by request.

Don Rust motioned that staff develop a policy and procedures for review by the Town Board at the next Town Board meeting for use of the marquee.  Nicole Shupp seconded the motion.

Vote passed 4 – 0.

9.    Discussion and decision regarding Catastrophic Leave Policy.  Town Manager
Bill Kohbarger explained that the proposed policy was borrowed from another city.  This will complete the personnel manual if approved by the Board.  

Laurayne Murray asked if staff participated in development of the proposed policy.  Mr. Kohbarger said they were and received no objections.  

Nicole Shupp motioned to approve the Catastrophic Leave Policy as written.  Don Rust seconded the motion.  

Vote passed 4 – 0.

10.    Discussion and decision regarding review of Town Manager Job Description.  Town Manager
Bill Kohbarger stated that he put together a comprehensive job description and has been reviewed by CHARM and Human Resources Department.  Don Rust stated he was not in favor of $25,000 discretionary spending authority.  Mr. Kohbarger replied that it gives him up to $25,000 to spend in these economic times.  Anything over that amount would require two unofficial bids.  Mr. Kohbarger added that he understands fiscal responsibility.

Laurayne Murray stated that she felt that $5,000 discretionary limit is sufficient.  Spending $25,000 should be placed on an agenda for public input.  An emergency would be an exception.  Mrs. Murray commented on number 14 of the job description regarding proper staffing levels.  Mrs. Murray asked that the exception of Department Heads be added and would like it to be consistent in items 14 and 15. Chairman Murray asked that item 21 regarding town owned vehicles be explained.  Mr. Kohbarger explained it would be for the exception already established by the Town Board for the Town Manager and Fire Chief.  There was discussion regarding clarification of the language.  Laurayne Murray suggested it state; “the Town Manager will insure the policy pertaining to maintenance, operation and use of the Town Board vehicles, including exceptions pertaining to Town owned vehicles already established by the Town Board”, as opposed to set policy.  Mr. Kohbarger said he could add “except for the exceptions already created by the Town Board Policy.”  

Bill Dolan added that he was fine with changes made to item 21 and stated he was fine with the dollar amount already in item 13.  

Don Rust motioned to approve the Town Manager position description with the revision to Item #13 to $5,000 for discretionary without prior Town Board approval.  Mr. Rust included the grammatical error on Item #21.  

There was no second to the motion at this time.

Bill Kohbarger clarified that the motion included changing all the numbers in Item #13 to $5,000, Item #14 would include “with the exception of Department Heads; Item #21 should read as stated earlier (grammar change).  Mr. Rust agreed with the clarification of the motion as stated by Mr. Kohbarger.  

Nicole Shupp seconded the motion.

Laurayne Murray asked that Item #13 read may instead of shall with regard to hiring Contract labor.  Mr. Rust agreed with this change to be added to the motion.  Mrs. Shupp agreed to the amendment.

Mike Darby commented on his copy of the backup.  John Koenig commented regarding spending limits and contract labor.  Dave Stevens commented on discretionary spending.

Mrs. Murray commented that the intention of the job description was to replace the Town Manager Policy.  An agenda item should be placed on the next agenda repealing the Town Manger Policy.  

It was made clear to Mr. Dolan that the motion was to change all spending limits on Item #13 to $5,000.

Vote passed 3 – 1.  Bill Dolan voted nay.

11.    Discussion and decision regarding Goals and Objectives #1, #2, and #4.  Town Manager
Town Manager Kohbarger explained that a letter from Commissioner Borasky was added to Goal #1, Goal #2 has been completed, and Goal #4 has been completed and asked for the Board’s approval to close these items from his Goals and Objectives.

Mr. Rust read the letter from Mr. Borasky to the public.  Don Rust commented that he agreed that the Town Manager is doing a great job working on communication with the County.  

Laurayne Murray asked that the name on Item #2 be corrected (Oscar Reconco).  Mrs. Murray stated that the Town Board took action to establish a community census commission to oversee the community participation.  Chairman Murray asked how this is being handled and noted that the accomplishment will be achieved in 2010.  Mr. Kohbarger explained that Ms. Westphal will be responsible for submitting reports to the Town Manager. Mrs. Murray asked that this Goal be left open until concluded.  Mr. Kohbarger asked for a motion to change the “finish” date for this Objective.  

Don Rust motioned to approve this agenda item keeping Goal and Objective #2 open with a change of date provided by Mr. Kohbarger.  Nicole Shupp seconded the motion.

Vote passed 4 – 0.

 
12.    Consent agenda items:

a.    Action – approval of Town vouchers
b.    Action – approval of Town Board meeting minutes of November 13, 2008
c.    Action - authorize signing committee to approve accounts payables for canceled meetings, November 25, and December 23.

Mr. Rust asked who the signing committee would be.  Chairman Murray explained that the committee is part of the Town Board Policy and states that “there will be two Town Board members that will rotate quarterly and those people will be responsible for making sure the vouchers are signed by the deadline.  It is the responsibility of the Vice Chair to notify people it is their turn to be on the signing committee and keep it rotating.”

Don Rust motioned to approve consent agenda items a, b, and c as presented.  Nicole Shupp seconded the motion.  

Vote passed 4 – 0.

13.    Future Meetings/Workshops: Date, Time and Location.
Next meeting scheduled for Thursday, December 11, 2008.

14.     Adjournment.
Meeting adjourned at approximately 8:32 p.m.

Respectfully submitted,


Don Rust, Clerk
 

 


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