Agendas & Minutes


September 26, 2006

PAHRUMP TOWN BOARD MEETING
** TOWN OFFICE CONFERENCE ROOM **
400 N. HIGHWAY 160
TUESDAY – 7:00 P.M.
September 26, 2006

 


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.    First reading of PTO #53 amending PTO #42 concerning use of alcohol in the parks.  Town Manager

6.    First reading of PTO #54 regarding English Language and Patriot Reaffirmation. Michael Miraglia

7.    First reading of PTO #58 establishing a Town of Pahrump law enforcement department. Richard Billman

8.    Second reading of PTO # 55 regarding nuisance noise. Michael Miraglia

9.    Second reading of PTO #56 regarding hazardous structure abatement. Fire Chief/Town Manager

10.    Discussion and decision regarding authorization to request proposals for Town TV translator replacements. Matt Luis/Town Manager

11.    Discussion and decision regarding engagement of Daniel C. McCarthur, LTD, CPA to conduct a Pahrump Valley Disposal franchise fee audit. Town Manager

12.     Consent Agenda Items

A.    Action - approval of Town vouchers.
B.    Action - approval of Town Board minutes of August 19, 2006.
C.    Action - approval of Town Board minutes of September 12, 2006.
D.    Action - approval of 72 Hour Permit for Elks Lodge #2796, November 15-17, 2006 at the Ruud Center for State Elks Association mid term convention.

13.     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 writing, 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
    Richard Billman                     Michael Miraglia
    Ron Johnson
    Paul Willis
    Laurayne Murray            
 
Call to Order, Pledge of Allegiance, and Welcome.
  Chairman Billman called the meeting to order at 7:00 pm.

Discussion and decision regarding agenda items.

Mr. Billman deleted items 5 & 6.

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).

Vicky Parker said PTO # 54, the English language issue, promotes a negative image of Pahrump and is embarrassing to have on public record.  She said the item is racist, unenforceable and disgusting.

Allen Lichtenstein, General Counsel of the American Civil Liberties Union (ACLU) stated PTO #54 is poorly written and legally contains many items that the courts have ruled unconstitutional.  Mr. Lichtenstein promised the ACLU will challenge the ordinance in federal court.

Lawrence Baker stated that the English language is the only language that should be spoken in the United States and that he supports PTO #54.

Tammy Florres said people should be allowed to speak any language.  She disagreed with the backup provided, stating that Hispanics are not the only immigrants and immigrants are not the only sex offenders and criminals.  She said immigrants work hard and do the work Americans refuse to do.

William Gorley spoke against the noise ordinance (PTO # 55), stating it was too broad and vague.  He asked what “loud and continuous noise” was and which authority would make that determination.


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September 26, 2006
                       
Melinda Gorley said she specifically chose a neighborhood that allowed agricultural animals.  She said if kennels and dogs were the reason for the ordinance, it should be stated that kennels and dogs were the problem, and not penalize everyone.

John Heckett questioned how the noise abatement ordinance (PTO # 55) would be enforced and who would conduct investigations.  He suggested problems also arise from one neighbor harassing another.

Vicky Parker questioned how Section E of PTO #55 would be enforced, which limits construction noise to the property line.

Mr. Willis explained that there are three readings of an ordinance before it is voted on.  He said the readings are for the public to discuss the agenda item in open forum and for the Town Board to gather information from the public.

Lawrence Baker suggested that PTO #55 is unenforceable.

Art Jones stated he approved of PTO #54, adding that it was important for residents to learn the English language.  He said 26 other states had successfully adopted similar ordinances.

Halinda Steele spoke against PTO #55, stating her dogs and peacocks were her first line of defense against intruders.  She expressed concern about being cited for the security they provide.

Wally Wood spoke against PTO #55, stating his donkeys make noise and the sheriff’s office has more important issues to pursue.

Billy Toler cautioned the Town Board to consider carefully before approving the proposed ordinances.

Casaundra Florres objected to the negative characterization of Hispanics related to PTO # 54.

John Heckett said he interpreted PTO #54 to read that government forms would be available in English only.  He added that the ordinance contained a lot of negative wording.

Annette Fuentes suggested the federal government should be encouraged to enforce and revise immigration laws.


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September 26, 2006

Cecilia Alvarado-Sallee, Nye Communities Coalition, announced that they had been chosen by the Community Anti-Drug Coaliton, out of thousands of programs, to advance to Phase II and compete for Coalition of the Year.  She said the prize provides training for drug and alcohol abuse prevention.  Ms. Alvarado-Sallee also presented the Southern Nye County Community Services Directory, adding it was available at various offices.

Advisory Board reports

None

First reading of PTO #53 amending PTO #42 concerning use of alcohol in the parks.  
Clerk conducted first reading.

First reading of PTO #54 regarding English Language and Patriot Reaffirmation.
Deleted

First reading of PTO #58 establishing a Town of Pahrump law enforcement department.
Deleted

Second reading of PTO # 55 regarding nuisance noise.
Clerk conducted second reading.

Second reading of PTO #56 regarding hazardous structure abatement.
Clerk conducted second reading.

Discussion and decision regarding authorization to request proposals for Town TV translator replacements.

Mr. Richards stated that one of the Town’s transmitters had been replaced with a state-of-the-art, digitally compatible unit.  He explained that two additional units were now experiencing problems.  Mr. Richards recommended that they be replaced along with two more units in order to comply with FCC’s 2008 deadline that all our equipment be digitally compatible.

Mr. Willis moved to approve Requests for Proposals for replacement of the TV translators.  

Ms. Murray seconded.

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September 26, 2006

Motion carried 4/0.

Discussion and decision regarding engagement of Daniel C. McArthur, LTD, CPA to conduct a Pahrump Valley Disposal franchise fee audit.

Mr. Richards made a request for approval of the engagement letter to conduct a franchise fee audit for Pahrump Valley Disposal in regard to their franchise agreement with the Town of Pahrump.  The fees for service are not to exceed $6,000.00.  

Mr. Willis motioned to approve the engagement letter with Daniel C. McArthur, LTD, CPA to conduct a Pahrump Valley Disposal franchise fee audit not to exceed $6000.00.

Ms. Murray seconded the motion.

Motion carried 4/0

 Consent Agenda Items

A.    Action - approval of Town vouchers.
B.    Action - approval of Town Board minutes of August 19, 2006.
C.    Action - approval of Town Board minutes of September 12, 2006.
D.    Action - approval of 72 Hour Permit for Elks Lodge #2796, November 15-17, 2006 at the Ruud Center for State Elks Association mid term convention.

Mr. Willis motioned to approve agenda action items A-D.

Mr. Billman seconded the motion.

Motion carried 4/0

Discussion and decision regarding closed session to discuss pending          litigation.

Mr. Willis motioned to close the session to discuss pending litigation.

Ms. Murray seconded the motion.

Motion carried 4/0

Closed session to discuss pending litigation.  

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September 26, 2006


Discussion and decision regarding pending litigation.  

Ms. Murray moved to give the authority to settle and close the case regarding the Skateboard Park with a figure not to exceed one hundred and one thousand five hundred dollars ($101,500.00).

Mr. Willis seconded the motion.

Motion carried 4/0


      Adjournment
     
     The meeting was adjourned at 8:11 p.m.

     Respectfully submitted,


     Paul Willis
     Town Clerk
     
     CC:       Town Board
       Nye County Treasurer
   Town Board
   Nye County Commissioners
   Nye County Planning
   Nye County Clerk
   Dan McArthur
 
 
     /al

 


Backup

There is no backup posted for this meeting.