Agendas & Minutes


October 14, 2008

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUNITY CENTER
150 N. HWY. 160
Tuesday – 7:00 P.M.
October 14, 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 contract with Armstrong-Teasdale for service as the Town’s Attorney of record.  Town Board

7.    Third  Reading and Discussion and decision for amendment to Pahrump Town Ordinance 32 – Room Tax – increasing rates from 9% to 11% with the 2% designated for Economic Development.  Town Board/Town Manager

8.    Discussion and decision regarding review and possible approval of awarding the winning Request For Proposal (RFP) for the Fire Station #5 Kitchen Remodel.  Town Manager/Matt Luis

9.    Discussion and possible action and decision regarding grant requests for Pahrump Arts Council.  Laurayne Murray/Loretta Lindell

10.    Discussion and decision regarding Town Board approving a request to submit Land Use Application to Nye County Planning Department for Conditional Use Permit for Pahrump Arts Recreational Complex (PARC) project.  Zoning approval will permit completion of Environmental Assessment Report (E.A.)  Town Manager/Al Balloqui

11.    Discussion and decision regarding “next steps”/response to the Incorporation Advisory Board Report brought back from September 23, 2008 meeting.  Town Manager/Laurayne Murray

12.    Discussion and decision regarding possible solution to address citizen concerns regarding vagrancy in public parks interfering with citizen access to use facilities.   Laurayne Murray

13.    Discussion and decision pertaining to the Town’s Amusement Contract.  Bill Dolan

14.    Discussion and decision regarding Ordinance adopting Codification and content.   Laurayne Murray

15.    Discussion and decision letter to Nye County School District regarding Silver Rider support/MOU request.  Laurayne Murray

16.    Discussion and decision regarding approval of changing the job title and job description for the “Enforcement Ordinance Officer” to the “Community Business and Development Services Manager.”  Town Manager

17.    Discussion and decision regarding review and discussion on placing a permanent item on the Town’s agenda, which states “Board Member Comments.”   Bill Dolan

18.    Discussion and decision regarding selection of Town Board member for the Regional Planning Commission to replace outgoing Town Board Member.  Town Manager

19.    Town Manager’s Report

20.    Consent agenda items:

a.    Action – approval of Town vouchers
b.    Action – approval of Town Board meeting minutes of September 23, 2008,
 
21.    Future Meetings/Workshops: Date, Time and Location.

22.     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


PRESENT:
Laurayne Murray
Nicole Shupp
Don Rust
Bill Dolan
Rick Campbell, Attorney

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

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

2.    Discussion and decision regarding agenda items.

Bill Kohbarger asked that Item #7 be tabled indefinitely.

Bill Dolan motioned to table Item #7 indefinitely.  Nicole Shupp seconded the motion.

Vote passed 4 – 0.

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).

David Fraser, Executive Director of the Nevada League of Cities was introduced by the Town Manager.  Mr. Fraser explained the NLC including elected officials training and thanked the Town Board for their representation at the conference.  

Ed Maznicki talked about the services provided by SCORE for small businesses.

Caroline Endersby announced that all citizens were invited to an organizational meeting for the League of Women Voters Chapter being formed.  The meeting will be held on October 22, at 5:30 p.m. at the Job Connect Offices.

4.    Advisory Board Reports

Bill Dolan announced that the Pahrump Veteran’s Memorial Advisory Board will be meeting on October 16 at the Town Annex at 7:00 p.m.
Bob Irving gave an update on the Fall Festival events.
Al Balloqui announced that the Public Lands Advisory Board will meet on November 5th and will have open discussions regarding a grant received for 400 hours of landscaping and design work.  Nicole Shupp announced there will be a Jeep Tour of the Last Chance Park on Saturday, October 18, at 8:00 a.m.

5.    Announcements and “Good News”.

Don Rust announced that Legal Aid Services are now available through No To Abuse.
Bill Kohbarger announced that his is working with NDOT and they will be cleaning up Highway 160 and will be doing it on a bi-monthly basis and will help with removal of illegal signage.
Bill Dolan announced he Mrs. Shupp had been to Nellis Air Force Base and saw their 140 acre solar power area.
Art Jones announced thanked the Fall Festival Parade committee and those that participated in the parade.
Laurayne Murray announced that Senator Harry Reid will hold a Town Hall meeting on October 15, at the Community Center at 10:00 a.m. and will be touring the site for Great Basin College.
Mrs. Murray announced that former Town Board member Ron Johnson had passed away and sent sympathies to his family.

6.    Discussion and decision regarding contract with Armstrong-Teasdale for service as the Town’s Attorney of record.  Town Board

Bill Kohbarger introduced Armstrong-Teasdale representative, Rick Campbell.  Laurayne Murray noted that comments were made previously regarding clarifications and modifications to the language in the contract.  One of the questions pertained to rollover of hours from a previous month.  Mrs. Murray asked if the rollover was cumulative.  Mr. Campbell replied they are cumulative.  Mrs. Murray clarified that there would be no expiration on the rollover time. It was questioned whether the letter of agreement was suitable rather than a contract.  

Bill Dolan motioned to accept the contract with Armstrong-Teasdale for services as Town Attorney.  Nicole Shupp seconded the motion.

Dave Stevens asked if the contract was month to month.  Laurayne Murray pointed out that the contract can be terminated by either party with one month written notice.

Vote passed 4 – 0.

7.    Third  Reading and Discussion and decision for amendment to Pahrump Town Ordinance 32 – Room Tax – increasing rates from 9% to 11% with the 2% designated for Economic Development.  Town Board/Town Manager

This item was tabled indefinitely as stated above.

8.    Discussion and decision regarding review and possible approval of awarding the winning Request For Proposal (RFP) for the Fire Station #5 Kitchen Remodel.  Town Manager/Matt Luis

Town Manager said he agreed with the recommendation by Matt Luis.  

Don Rust motioned to accept the bid of The Eyserbeck Company to perform the work at Fire Station #5 as submitted and recommended by staff.  Bill Dolan seconded the motion.

Bob Irving commented about the possibility of future growth.  Mrs. Shupp explained that this is to make those using the facility comfortable at this time.  The Town cannot afford to hire more personnel at this time to justify an expansion.  Sean Brooks asked if there has to be a full remodel at this time and provide for a few amenities and to look at the future to an expansion.  Bill Dolan added that this is the minimum at this time and may have to be torn down and do a rebuild in the future. Dave Stevens commented that we should back our fire department.
Vicky Parker said she was unsure a kitchen will make it habitable.

Bill Dolan asked if there was a timeframe.  Matt Luis replied that they are ready to start after pulling permits.  It can be completed in 15 days.  Construction should begin the end of next week.

Laurayne Murray disclosed that one of the applicants of the RFP is a member of the Regional Planning Commission as is she.  Mrs. Murray stated she has had no conversation regarding the bid and have nothing to gain by voting on this item.  She will be voting.

Vote passed 4 – 0.  

9.    Discussion and possible action and decision regarding grant requests for Pahrump Arts Council.  Laurayne Murray/Loretta Lindell

Loretta Lindell, volunteer grants writer for the Pahrump Arts Council (PAC) explained that they have done all that is requested through the Tourism Advisory Board grant process.  This request will cover three PAC events; Missoula Children’s Theater, the Nevada Arts Council Touring Exhibit, and the Community Choir Winter Concert.

Bill Dolan asked about information provided in the backup outlining the PAC funding requests.  It was explained that the letter outlined all of their events (12) and at this time they are only asking for the funds to cover three events and not all $40,000 as stated in the letter.  There was discussion regarding concerns for this funding.  Laurayne Murray explained the budget process and how monies are dispersed from receipts for each project.  

Don Rust motioned to approve the request for the three items on the agenda; Missoula Children’s Theater, $3,000; Nevada Arts Council Touring Exhibit,$350; and the Community Choir Winter Concert, $1,500; for a total of $4,850 from an amount already budgeted for this fiscal year from Room Tax.  Bill Dolan seconded the motion.

Bill Kohbarger asked how many people outside Pahrump come to these events.  Loretta Lindell responded that approximately 20% depending on the event.  This is not a tourism related organization.  Mrs. Lindell noted they are an Arts related organization and feels strongly that they are an important part of the community.  

Dave Stevens, Rodney Commacho commented that people from outside Pahrump attend the Missoula Children’s play as well as their other events, and apologized for the confusion of the addition of the letter to the backup.  Bill Dolan asked if there is a charge for attending the events.  Mr. Commacho replied a fee is not charged for all events.  Allison Salmon commented that she strongly encouraged the Board to support these programs.  Bill Dolan said the Town must be frugal in these times.  

Mrs. Murray noted that the Town is not the only source of funds, that PAC does get grants and Town money is used as matching funds.  Mrs. Murray clarified that these funds come from the State Room Tax fund, not the Tourism Room Tax Fund.

Don Rust added to his motion that the three items would be paid for from the State Room Tax fund for $4850.  Bill Dolan seconded.

Vote passed 3 – 1.  Nicole Shupp voted nay.

10.    Discussion and decision regarding Town Board approving a request to submit Land Use Application to Nye County Planning Department for Conditional Use Permit for Pahrump Arts Recreational Complex (PARC) project.  Zoning approval will permit completion of Environmental Assessment Report (E.A.)  Town Manager/Al Balloqui

Al Balloqui, Economic Director for the Town of Pahrump, asked the Town Board be allowed to submit the zoning application and the Conditional Use Permit to the County Planning Department to have the Pahrump Arts and Recreational Complex (PARC) zoned.  This is part of the Environmental Assessment process necessary to complete to free up $700,000 in grants received from HUD.  

Bill Dolan motioned to request the submission of the land use application to Nye County Planning Department for the Conditional Use Permit (CUP) for the PARC project.  Nicole Shupp seconded the motion.

Laurayne Murray disclosed that she is a member of the RPC this vote is for the approval of the application, not on the CPU.  This is not a member of the Board voting two times on the same item, which is illegal.  She will be voting on the request for the application.

Vote passed 4 – 0.

11.    Discussion and decision regarding “next steps”/response to the Incorporation Advisory Board Report brought back from September 23, 2008 meeting.  Town Manager/Laurayne Murray

Bill Kohbarger explained that the proposal from University of Reno was received after the backup went out.  Mr. Kohbarger noted that the proposal was emailed to the Board members.  He and Al Balloqui met with Buddy Borden and said he would like to start as soon as possible. The process will take 4 to 6 months to complete.  Bill Kohbarger asked for permission to seek funding from the County.  It has been indicated by Mrs. Eastly that the County would fund the project.  

Laurayne Murray asked Rick Campbell if the County Commissioners will require bidding for this work to be accomplished or can the Town Board select UNR and request the County to pay it.    Bill Dolan noted that Commissioner Borasky had suggested UNR at a previous meeting. Rick Campbell will get clarity on this.

Don Rust motioned to forward the RFP to the County Commissioners asking that they fund this as submitted by UNR, and if they are not going to fund it they need to let us know why.  Nicole Shupp seconded the motion.

Dave Steven commented.

Vote passed 4 – 0.

12.    Discussion and decision regarding possible solution to address citizen concerns regarding vagrancy in public parks interfering with citizen access to use facilities.   Laurayne Murray

Laurayne Murray asked that the Board begin discussion on a policy or ordinance for a solution to the above problem.  Mrs. Murray said she receives calls from residents that cannot use the facilities due to the people living at the park.  The Sheriff said there is nothing they can do.  Pahrump Town Ordinance #42 is not enforceable as written as indicated by former Town attorneys.  Mrs. Murray asked that discussion begin to come up with ideas for legal regulations to enable people to use the parks, Petrack Park in particular.  Don Rust asked how many complaints are being received.  Mrs. Murray said it is mostly Petrack Park complaints and receives at least one complaint a week and sometimes more and described some of the problems.  Don Rust asked that the Attorney prepare an opinion, or draft a new proposed ordinance that would be constitutional and would address the issue and would be enforceable.  Mrs. Murray said her conversation with the Sheriff’s Department were they were ready , willing and able to enforce anything the Town has that would be enforceable.  Nicole Shupp said she does not take her children to the park for the reason being discussed.  Mrs. Shupp said she is not sure this should be brought up at this time.  Bill Dolan asked when the ordinance was last updated.  Mr. Dolan said we do not want to get into legal issues.  

Mrs. Murray said park hours could be established unless permitted.  There can be regulations regarding public intoxication which can be enforced.  The problem is not getting better; it is getting worse.  

Don Rust motioned to task Mr. Campbell with Armstrong-Teasdale with developing and presenting to the Town Board at the November (13) meeting, a draft ordinance that he recommends and being constitutional and enforceable regarding park usage and people that are involved with it.  Bill Dolan seconded the motion.

Bob Irving and John Koenig commented.  

Vote passed 3 – 1.  Nicole Shupp voted nay.

13.    Discussion and decision pertaining to the Town’s Amusement Contract.  Bill Dolan

Bill Dolan asked that a paragraph be placed in contracts using the parks regarding that a list of workers be provided 30 days or no later than 2 weeks prior to the event so the Sheriff’s office can run background checks on the workers.  There was an incident at Fall Festival with a carnival employee.  Michael Sullivan said he has been working to draft an amusement agreement with the current carnival provider.  Bill Dolan asked that Nye County be included to provide input.  

Bill Dolan motioned to direct staff to draft language through our Attorney for large events, getting appropriate language from the Sheriff and other jurisdictions, to have names of workers submitted two to four weeks in advance so they can be checked against NCIC (National Crime Information Center) for criminal backgrounds.  Nicole Shupp seconded the motion.

Mr. Dolan added that this would apply not only to one particular company, but all contracts coming to Pahrump for an event.

Vote passed 4 – 0.

14.    Discussion and decision regarding Ordinance adopting Codification and content.   Laurayne Murray

Laurayne Murray noted that the codification was completed and in order for it to become official, the Board must have an ordinance accepting and adopting passed.  Municipal Code Corporation has provided a sample ordinance.  Upon approval, this information can be placed on disk and on the Town’s website.  

Don Rust asked if the new Attorney has been able to review this.  Rick Campbell said he has not yet reviewed the codification.  Laurayne Murray explained the approving ordinance would go through the proper readings and notifications.  Bill Dolan suggested this item be tabled until reviewed by the Town Attorney.  

Bill Dolan motioned to table this until the Attorney can review and bring back in January.  Don Rust seconded the motion.  

Vote passed 4 – 0.

15.    Discussion and decision letter to Nye County School District regarding Silver Rider support/MOU request.  Laurayne Murray

Chairman Murray explained that a letter is needed from the Town Board to ask for Nye County School District for their support or Memorandum of Understading (MOU) of in-kind support for the Silver Rider bus service which came before the Board at a previous meeting requesting support.  

Don Rust motioned to provide a letter to the NCSD Board of Governors requesting they consider support for Silver Rider grant assistance for Pahrump bus service.  Nicole Shupp seconded the motion.

Vote passed 4 – 0.

16.    Discussion and decision regarding approval of changing the job title and job description for the “Enforcement Ordinance Officer” to the “Community Business and Development Services Manager.”  Town Manager

Bill Kohbarger explained the change of this position.  The new position will oversee economic/community development, business licensing and ordinance enforcement.  This will allow the Town to be more creative in these tough economic times.  

Laurayne Murray asked if this was for the Enforcement Ordinance Officer or the Manager as two positions were approved in the budget.  Bill Kohbarger explained that it would be the manager position which oversees staff.

Bill Dolan motioned to approve the changing of the job title and description for the Enforcement Ordinance Officer to the Community Business and Development Services Manager and direct staff to submit out for applications as soon as possible.  Nicole Shupp seconded the motion.

Vicky Parker, George Gingell and Dave Stevens commented regarding the qualifications and enforcement.

Vote passed 4 – 0.

17.    Discussion and decision regarding review and discussion on placing a permanent item on the Town’s agenda, which states “Board Member Comments.”   Bill Dolan

Board Member Dolan motioned that “Board Member Comments” be added on future agendas as in other agendas throughout the State. Nicole Shupp seconded the motion.

Mr. Rust asked if it should be placed at the beginning or end of the agenda.  Mr. Dolan replied that it made no difference as it is not an action item and would be a place to direct staff.

Laurayne Murray commented that the Nevada Revised Statute 241 (NRS) Open Meeting Law (OML), and in talking with the Attorney General Specialist on OML calls for any agenda item, actionable or not, be a clear and concise description of the item being discussed by the Board.  Board Member Comments does not qualify as there is no notification to the citizens of what topics may be brought up.  This would be a violation of the OML.  

Bill Dolan asked why it would be different from the Public Comments session.  Mrs. Murray replied that if a member of the Board wishes to comment they can do so under public comment or announcements or any agenda item on the agenda.  Members have opportunities to have items placed on the agenda to be discussed.  Bill Dolan asked who the specialist is that gave this opinion.  Mrs. Murray replied Anthony Riggerio.  

Bill Dolan withdrew his previous motion and Nicole Shupp withdrew her second.

Mr. Dolan motioned to table this item requesting that the Attorney bring back wording to the next meeting in reference to this.  Don Rust seconded the motion.

Vote passed 4 – 0.

18.    Discussion and decision regarding selection of Town Board member for the Regional Planning Commission to replace outgoing Town Board Member.  Town Manager

Bill Kohbarger explained this item as a housekeeping issue.  Mr. Kohbarger noted that there may be only two returning members in January depending on the election for Mr. Rust.  This position is very time consuming and asked that this be brought to the Board to see if someone would volunteer for this position or to wait until the December meeting.  

Mrs. Murray noted that the Town Board makes a recommendation for the RPC seat to the County Commissioners to approve that person.  Laurayne Murray outlined the demands and commitment of the position.  
It was suggested waiting until after the election to make a decision.  There was further discussion regarding this appointment.

Bill Dolan motioned to send Nicole Shupp’s name to the Board of County Commission for appointment to the Pahrump Regional Planning Commission effective January 1, 2009.  Don Rust seconded the motion.

Al Balloqui and Dave Stevens commented.

Vote passed 4 – 0.  

19.    Town Manager’s Report

It was noted that a written report will be submitted at the second meeting of each month.

Don Rust motioned to table this item.  Nicole Shupp seconded the motion.

Vote passed 4 – 0.

20.    Consent agenda items:

a.    Action – approval of Town vouchers
b.    Action – approval of Town Board meeting minutes of September 23, 2008,
 
Nicole Shupp motioned to accept the consent agenda items.  Bill Dolan seconded the motion.  

Vote passed 4 – 0.

21.    Future Meetings/Workshops: Date, Time and Location.

Next meeting scheduled for October 28.  

22.     Adjournment.

Meeting adjourned at 9:25 p.m.


Respectfully submitted,


Don Rust, Clerk

DR/cw
 

 


Backup

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