Agendas & Minutes

September 28, 2004 - Closed Session

TUESDAY – 7:00 P.M.
SEPTEMBER 28, 2004



There is no agenda posted for this meeting.



Pahrump Town Board Meeting
September 28, 2004
Closed session

Cristina Hinds – We don’t have the back up?  Okay, we’ll table it then.

Jeanna Howard – Who does have the back up.  Anybody in ????

Cristina Hinds – I have the back up.

Jeanna Howard – I assumed you ??????

Cristina Hinds – What I want to talk to you about, I talked to Dave.  I don’t recall now if this was Dave, your idea or it was my idea.  If it’s my idea and you like it.  If you like it it’s my idea, if you don’t it’s Dave’s.  I think we started talking about it when I was talking about the traffic ordinance that you just spoke of.  (inaudible).  Why doesn’t the Town draft it’s own set of traffic regulations which you can do under the NRS.  The benefit is that it doesn’t cost the Town anything because we don’t enforce it.  It’s up to Sheriff DeMeo to enforce it.  The trick though is getting the Sheriff, in an interoffice memo, should tell the deputies to write the citations on the Town ordinance as opposed to the NRS.  Here is the thing, and I don’t know how to approach it.  He got more money collected on the Town ordinances.  Because right now we have nothing.  I talked to him on the phone and he said that it depends.  Do you know how to find out?  I couldn’t find out first of all how much money the Town gets from citations that are written under our ordinances.  That I don’t know.  I don’t know if its $10,000 or $5,000……..inaudible.  There is something that happened with the prior Sheriff he didn’t bill us for 3 years.   It was illegal for him, for us to pay the money for the 911 service.  By statute we couldn’t pay cause it was too late.  We didn’t pay it so I understand that they never have written anything under the Town ordinances.  

Someone said they thought were holding the (inaudible).

Dave Richards – No

There was a short moment when this person and Dave Richards exchanged information.

Cristina Hinds – I just simply said it’s illegal under the statute.  Can you have your attorney send something showing how we can pay this.  (The next sentence was not clear.)  But I don’t know how you want to proceed with, you know, approaching.  We can do one of two things, either go before the County.

Paula Glidden – Why would we ……Sheriff DeMeo to write it under the Town.

Cristina Hinds – The only way it would is if we gave him more money than he is getting if he works under the NRS.  

Unknown – It’s perfect (the rest was not clear)
Cristina Hinds – I don’t know what he gets.  I don’t know if it’s a 70-30 split, I don’t know if its.  I don’t know what it is and I’m not really sure….  If you guys even think it’s a good idea.  It’s good to me.  I think it doesn’t cost us anything.  I mean……….  So I don’t know if you want to proceed for County Commission or I don’ know if someone knows the Sheriff and just call him directly and just ask him or ………

Richard Billman – I can call and ask him whether or not sincerely.

Cristina Hinds – I think he should be

Richard Billman – I mean even if he knows.

Cristina Hinds –  No, no.  We have nobody outside my facility nobody else knows.  

Jeanna Howard – A friend of mine was in the Justice Court and does the collection on citations, I’m sure that he knows.  

Cristina Hinds -  That would seem like what we wanted ……

Jeanna Howard - …..bring it back to us.  No problem.  No, not Tony, I’m going to call the Justice Court Clerk that does all the collections.  I can bring it back to you guys and then ….

Cristina Hinds – Okay.

Jeanna Howard – Is that it?

Cristina Hinds – Yeah.  Yeah it is.






Paula Glidden
Richard Billman
Ed Bishop
Jeanna Howard
Cristina Hinds, Attorney


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


There were no changes to the agenda under this item.


Ed Bishop announced the following:

Fall Festival will be held October 1 through October 3; Carnival, Rodeo Parade, Entertainment, Contests, deep pit barbeque and more;
Public Lands Advisory Board is scheduled to meet October 6 at 7:00 p.m. in Room B;
Nuclear Waste and Environmental Advisory Board will meet on October 7 at 7:00 p.m. in Room A;
Tourism Advisory Board will meet on October 7 at 8:00 a.m. in the Town Annex;
Guns and Hoses Blood Drive, October 8 from 4:00 p.m. until 8:00 p.m. and October 9 from 8:00 a.m. until 4:00 p.m. at the Community Center;
Beatty is holding their Centennial Celebration on the weekend of October 16 with a parade, antique autos, pet parade, floats, marching bands, etc.  

Harley Kulkin announced that he spoke with Assemblyman Rod Sherer regarding government entities buying water rights.  Mr. Kulkin reported that Mr. Sherer has prepared a bill draft request.  Harley Kulkin stated that he would be making a presentation before the legislature early next year.  Mr. Kulkin requested help for the Town in any way possible.  

Pahrump Town Board Meeting
September 28, 2004

Patricia Cox announced that the pre agenda workshop for the coming Saturday will be cancelled due to the parade.  The County Commissioners meeting is October 5 in Tonopah and there will be a video conference at the Community Center.  


There was no public comment at this time.


Chief Scott Lewis announced that the Pahrump Valley Fire-Rescue Service (PVFRS) received a grant from Wal-Mart in the amount of $1,750.  The funds are to be used exclusively for the purchase of fire equipment for the Pahrump Valley Fire Department.  

Chief Lewis also announced that Engine 2 that was received through PETT funds of the Nye County Commissioners in cooperation with the Town Board.  The vehicle arrived on Sunday and crews have been placing equipment on the apparatus.  Scott Lewis was proud to announce that the Engine 2 would be seen in the upcoming Fall Festival parade.  

Bob Swidell announced that a 280 acre package was put together by Senators Reid and Ensign for the Community College Campus.  Mr. Swidell noted it took much effort to make it happen on the part of Senator Reid. Bob Swidell asked that the Town Board provide a letter recognizing both Senators for their efforts.  Paula Glidden thanked the members of the Task Force that worked on this accomplishment.  

Debbie Malance, representing the Public Lands Alliance of Southern Nevada, explained that this group’s mission is to promote and work toward the establishment of recreational sites and to insure the responsible use and maintenance of our natural resources.  This would include cultural, heritage resources and recreational resources of public lands within southern Nevada.  This group is currently working on the refurbishing of the Indian kilns in Wheeler Wells.  They are also having a trash pick up day. Trash is being dumped around trees recently planed by Bureau of Land Management on Gamebird and they have asked for it to be cleaned up. This is will be an ongoing clean up and they are asking for public support in this matter.  The first clean up is planned for November 6, 8:00 a.m. until 12:00 p.m.

Victoria Balint, Workforce Development Director for the Rural Nevada Job Connection Community One Stop, stated that this project has been in the works for approximately 5 years.  Ms. Balint has been funded with less than $2 million and is coming to fruition.  The Nevada Job Connect One Stop is the creation, development, and implementation of a single, cost effective central campus like setting to be used as a public resource center for work force training and employment opportunities.  The recently purchased Calvada Eye will become the designated the Nevada Job Connect One Stop Community Center location for the rural communities.  Thanks

Pahrump Town Board Meeting
September 28, 2004

are extended to the Nye County Board of County Commissioners for their support.  Ms. Balint can be contacted at 727-8113.  

Ms. Balint stated that the Pahrump Valley Chamber of Commerce, in appreciation to the Community of Pahrump would like to invite the community to “Party in the Parking Lot” on October 15 from 5:00 p.m. until 10:00 p.m.  This is held in conjunction with Budweiser.  

Tim Gold announced that the PVFRS collected almost $18,000 for Muscular Dystrophy Association through its volunteers in the community and those from the fire department.  Mr. Gold announced volunteers Ron Feldshaw, Dustin Knudson, Bill Kirkland, Carla Hanley, Crystal Perez, Alex Snow, Jeff Mooseman, Don Schupp, Ron Partridge, Georgia Partridge, Jack Jenkins, Karen Murphy and Cora Bishop.  Mr. Gold read a plaque that was presented in this effort.  

Stan Goldsby, Progressive Choices, announced that their “We Do Care” spaghetti dinner fundraiser will be held October 10 beginning at 4:00 p.m. at the Community Center.  The money will be used in Pahrump for recreation programs.  

Jeanna Howard stated that the Fall Festival Entertainment Committee selected Lil Miss and Lil Master which will be the mascots.  They were between the ages of 4 and 6 years old.  The winners will be announced at Fall Festival on Friday, October 1 at 6:30 p.m.  

Ms. Howard said that the first pumper/tender funded by Nye County via PETT funds was received and will be used in the parade for Town Board members and Nye County Commissioners.  


Ed Bishop read the title as follows:


Richard Billman Motioned to approve the third amendment to Pahrump Town Ordinance #32.  Ed Bishop seconded the motion.

Vote passed 4 – 0.

Pahrump Town Board Meeting
September 28, 2004


Ed Bishop read the title as follows:


Cristina Hinds explained that this is not Ordinance #46, but is an amendment to Ordinance #14.  This was a clerical error and is an amendment to an already existing traffic code.  

Richard Billman Motioned to approve the first amendment to Pahrump Town Ordinance #14.  Ed Bishop seconded the motion.  

Art Jones asked when the effective date is on this ordinance and what the real meaning of this ordinance is.  

Cristina Hinds replied that it will require Sheriff DeMeo to enforce as the Town does not have independent authority to enforce it.  It will be effective after it is signed by the Town Board and implemented.  

Paula Glidden explained that prior to this the Sheriff had no ordinance to go by and now they do.  

Dan Park commented that there are still 50 to 150 trucks per day on Malibou Street.  Mr. Park asked when the final reading is for this ordinance.  Paula Glidden replied that tonight is the final reading.  

Mr. Park asked if there will be signs going up on Malibou.  Dave Richards stated that the County Road Department will be placing signs and he will contact them to get the signs up as quickly as possible.  

Jeanna Howard explained that because the Town has no authority of enforcement and now complaints are in violation of the law.  

Vote passed 4 – 0.


Pahrump Town Board Meeting
September 28, 2004

Paula Glidden stated that the packet received by the Board was a result of deadline set for today at noon.  Ms. Glidden said it was her opinion that the Board should not take a vote on this tonight.  Paula Glidden suggested that a special meeting be called if necessary to make a decision.  

Richard Billman suggested that the Board send all nine names to the Governor with recommendations made by the Town Board members individually to be sent along.  Paula Glidden reminded Mr. Billman that the Town Board, by resolution, can send up to three names t the Governor.  Mr. Billman said he knows of three which he could recommend.  Paula Glidden said that she is opposed to sending all the names as the Governor needs some direction from the Board.  

Mr. Billman Motioned that the Town Board send three names up to the Governor’s Office with recommendation to fill the vacant spot. (There was no second to the motion.)

Paula Glidden asked for clarification that each individual Board member would send three names.  Mr. Billman agreed.

Cristina Hinds pointed out that there is a prior resolution, not drafted by this Town Board, that the Town Board would choose up to three names as a whole.  Ms. Hinds said that the Board must select those three names from those that applied.  The Board may select up to three names but no more than three.  

Ed Bishop suggested that the same be done as on prior occasions.  Mr. Bishop said that each Board member should go through the letters and each member pick their top three.  Two of the Board members then get together with the lists of the top three and compare them to see if they contain three matching names and bring it back at the next meeting and decide which three to send at that time.

Richard Billman withdrew his prior motion.

Ed Bishop Motioned that the Board members individually go through the applications, each one pick their top three.  Then two members of the Board, Richard Billman and Jeanna Howard, review the lists from all Board members and see if there are three names that compare.  At the next meeting they can bring back three names and the Board will vote whether to send those names to the Governor.  Mr. Bishop added that the three names be picked no later than Friday, October 1.  

Cristina Hinds asked if that is the same day they will be sent to the Governor.  Mr. Bishop said they will not be sent to the Governor until after the next Town Board meeting.  

Jeanna Howard seconded the motion.

Pahrump Town Board Meeting
September 28, 2004

Paula Glidden stated that it worked well in the past and it would work again this time.  

Vote passed 4 – 0.


Dave Richards explained that Resolution #2004-13 was prepared accepting the Hafen Family donation of water rights to the Town of Pahrump for use at the Pahrump/Nye County Fairgrounds.  It is his recommendation that the Town Board approve this resolution accepting the donation of 10 acre feet of valley floor rights from permit # 58956.  

Richard Billman Motioned to accept Resolution #2004-13.  Ed Bishop seconded the motion.

Paula Glidden said she felt this to be a great effort on the Hafen Family’s part and hoped that the rest of the people that have those water rights will know that the Town will be happy to accept any and all.  

Lou Holveck added that this is the first thing that is an absolute positive for the project.  This donation is essential to begin moving the project forward.  This donation will allow the Fairgrounds Advisory Board to proceed with an application to the State for a well to get water to that project so that the construction portion of the project may begin.  Negotiations are taking place with entities for additional water rights for the fairgrounds project.  It will require approximately 250 acre feet for the development of the project.  Seventy acre feet are needed to do the first portion of the project.  

Jeanna Howard noted that in the letter sent to the Town by Mr. Hafen there was a challenge to others.

Ed Bishop read the letter from Mr. Hafen from August 23, 2004.  

Ed Bishop thanked the Hafen Family for this donation.  It is a great start and pointed out that staff is actively working on contacting people that own water rights throughout the valley to see if they would donate or sell at a reasonable price.  The Town is working hard to find water rights.

Bill Green thanked Mr. Hafen also.  Mr. Green said that the Town has donated giving money up for water rights for this project.  Bill Green asked what the amount of money was set aside for water rights and where does this money sit as no water rights have been bought.  

Dave Richards replied that at the moment it has been allocated to the Fairgrounds for projects like water rights and also includes engineering for the project.  

Pahrump Town Board Meeting
September 28, 2004

Richard Billman stated that the money is still in the funds.  Mr. Billman said no work can begin until the well is drilled to control dust.  

Jeanna Howard noted that Mr. Green was correct that there has been allocation of funds for this project but have not moved forward due to obstacles and challenges.  However they still hear about the allocations of funds.  

Bill Green said there is still work being done in other areas and wondered why this project has not moved forward.  Mr. Green asked if the fairgrounds is at a standstill because of the water.  

Paula Glidden replied that it is a Catch 22 and the Town cannot move forward until there are some water rights are available.

Lou Holveck stated that money has been allocated, but very little has been spent.  The money is in the Town and County funds to do some of this work.  There is no reason to haul in water and try to cut in roads until the plans were at a certain point and until there was some water so they could go forward.  

Vote passed 4- 0.


Dave Richards explained that there are two proposals supplied to the Town Board, one from Douglas Grisham a Civil/Consulting Engineer and one from Civilwise Services for engineering at the Pahrump/Nye County Fairgrounds.  Mr. Richards noted the scope of services (1 – 8).  Both firms had an opportunity to bid on these same eight services.  Civilwise has a quote for $16,600 and it includes Item #8 which includes water rights transfer and the Grisham proposal does not include water rights transfer services.  Resource Concepts was asked to quote only on the water rights transfer which ranges from $600 - $800.  This amount would have to be added to the Grisham quote bringing that total to $18,300.  Dave Richards stated that the Civilwise proposal meets the request for services from the Fairgrounds Advisory Board.  It recommended that the Town Board approve the quote from Civilwise Services for the services noted at a cost of $16,600.  

Richard Billman Motioned to approve Civilwise Services quote.  Ed Bishop seconded the motion.

Jeanna Howard asked if these proposals went through the Fairgrounds Advisory Board.  Dave Richards replied that Fairgrounds Advisory Board requested that Civilwise Services perform these services and as it turned out the quotes met what they had requested.  

Vote passed 4 – 0.
Pahrump Town Board Meeting
September 28, 2004


Dave Richards noted that there is a quote from Swendseid and Stern for Bond Counsel Services.  Mr. Richards explained that the fees for services range from $4,000 to $5,000.  There would be additional expenses for travel and miscellaneous expenses.  These services are required for accomplishing the lease purchase of the ladder truck.  Dave Richards recommended that the Town Board approve the quote for services as presented.

Richard Billman Motioned to approve the proposal of Bond Counsel Services Agreement.  Ed Bishop seconded the motion.  

Vote passed 4 – 0.  


Dave Richards noted that the Town Board has a first amendment to the amended and restated development agreement with Mountain Falls.  It involves the Town of Pahrump to the extent that five acres of property that has been designated for Town use will be exchanged for $700,000 to be used for fire and ambulance equipment.  Mr. Richards stated that the representatives from Lyon Homes were present to answer questions from the Board.  Dave Richards said the extent of the amendment is included in sections 1, 2, and 3.  

Richard Billman commented that the Town was not a party to any prior agreements, therefore, an amendment to an agreement that the Town is not a party to seem to be a bit of a stretch.  

Cristina Hinds stated that there is in the backup a letter from the Nye County Board of Commissioners dated August 13, 2004 stating that “based on discussions between W. L. H. and the Township of Pahrump the Town has elected to waive the right to acquire the fire station parcel.”  Ms. Hinds noted that apparently Mountain Falls has already agreed with the County Commissioners to give the Town a parcel of land.  If the Board would choose to accept the money, the Town would get the money in lieu of the existing property.  Cristina Hinds asked if this was correct.  

Terry Connelly, William Lyon Homes representative, explained that the current development agreement that is under the Mountain Falls community provides that the Town of Pahrump will receive a five acre parcel for a fire service.  This agreement provides that if the Town wants to dispose of the property at some point they can as long as the use would be compatible with adjacent use within the Mountain Falls community.  Mr. Connelly said that the Town does get the five acres and that from meetings with several people there was a desire to not take the five acres and looking for facilities in lieu of the land.  Terry Connelly stated that this is what everybody came up with after discussions.  
Pahrump Town Board Meeting
September 28, 2004

Richard Billman question Mr. Connelly’s statement about what everybody came up with.  Mr. Billman asked who was involved in these discussions.  Terry Connelly replied that there were meetings with Jeanna Howard, Paula Glidden and Dave Richards which were informal meetings and the fire department and a couple other people.  Mr. Connelly stated that they were approached to see what the plan was for the property and give a brief description.

Jeanna Howard asked who approached Mr. Connelly and for clarification the meeting he had was with Mr. Richards and Ms. Glidden.  Ms. Howard stated that she was there for about three and a half minutes and was not part of the meeting.  Jeanna Howard clarified that she was not privy to all of the conversation.  Ms. Howard said that the Town Board has been told that the Town came to William Lyon Homes to start negotiations or conversations.  Jeanna Howard asked who it was that came to him on behalf of the Town.  Mr. Connelly replied that it was possibly a combination of everybody being curious to find out who William Lyon Homes was and what was going to happen with Mountain Falls.  Terry Connelly said they were doing a “road show” of calling people and making appointments and introducing themselves.  Mr. Connelly said he is unsure if the Town Board called them to specifically negotiate on this.  Terry Connelly said it was his intent and desire to find out what the Town Board would want to do with the property as they were in the process of doing site planning.  The property is in a location that would depend on what it would be used for as it would make a difference what would be next to it.  

Jeanna Howard noted that for clarification as William Lyon Homes was contacting everybody, someone was contacted from the Town of Pahrump.  Mr. Connelly agreed with that.

Terry Connelly stated that a lot of work has been being done on Mountain Falls concerning redesign work on some of the original plans.  Mr. Connelly said it was their understanding that it sounds like the Town would be interested, or was interested after discussions, not to take the property and William Lyon Homes would provide these facilities.  Mr. Connelly looked at it as a win, win situation for everybody.  There would be more flexibility for the Town in being able to use the funds at their discretion rather than doing it through an impact fee which is much more restrictive.  It also gets the funds to the Town four to five years earlier than it would be under an impact fee.  Terry Connelly stated it would be a good opportunity for the Town to get a lot of the facilities in the short term without restrictions.  

Richard Billman stated that this is substantially less money.  Mr. Billman noted to Mr. Connelly that the County would be setting the impact fees and not the Town.  Terry Connelly agreed.  Richard Billman said that the idea that the Town can make an agreement with William Lyons Homes to waive the County’s impact fees is something for the Attorney to look into.  Mr. Billman stated that he believes that the Town cannot waive the County’s impact fees.  Terry Connelly said he is not asking the Town to waive the County fees.  Mr. Connelly stated that there was much discussion of what this structure would be.  Terry Connelly posed the question “is Mountain Falls acquiring this from the Town or is it some other structure.”   Mr. Connelly stated that it seems the most efficient way to have this structure would be to buy it from the Town and
Pahrump Town Board Meeting
September 28, 2004

values that were derived would be for fulfilling some the facilities that the Town was looking for.  Terry Connelly stated that that is why it is set up as a County amendment that the County Commission would have to vote on and agree to whether it would be subject to the impact fees or the status of what William Lyon Homes would be looking for in the provisions.

Jeanna Howard stated that she believes it is complicated and would like to clarify all the information.  Ms. Howard asked if the Town has, through the County’s arrangement, through the development agreement with William Lyon Homes to allocate a certain amount of land to the Town of Pahrump; William Lyon Homes has now met with Town staff and a Board member regarding freeing up the availability of funds.  Jeanna Howard stated that in lieu of the parcel or acreage set aside for the Town they would give the Town $700,000.  Ms. Howard wanted clarification that the money was in lieu of the land.  Jeanna Howard said that the Town Board could not possibly vote on this item the way it is on the agenda.  Ms. Howard explained that it is an amendment to something that the Town has no relationship with as stated by Mr. Billman.  Ms. Howard said that there could be a recommendation, if the Board would choose to venture in that direction, to the County.  

Ms. Howard asked if Mr. Connelly is requesting that the Town send a message, resolution, vote or direction to the County in that if William Lyon Homes gives funds in lieu of the land and that we want them to not impact them on this.  Terry Connelly replied that they are looking for the Town Board as an advisory to the County Commissioners to give a recommendation, denial, or whatever to the Commissioners.  Mr. Connelly stated that they recognize that the Town is not the legal body to approve or disapprove this agreement.  This is from an advisory standpoint that they are putting this in front of the Town Board as result of some discussions for an official and formal discussion on what William Lyon Homes is proposing with the County.  

Jeanna Howard asked that outside of in lieu of giving the Town cash instead of the land, what William Lyon Homes is asking for from the Town Board on a recommendation level to the County.  Terry Connelly replied that from the Town Board level they are not asking for anything except a vote.  

Richard Billman said he would feel better if he did not have the letter of August 13 to the County Commissioners stating based on discussions the Township of Pahrump Town, the Town has elected to waive its right to acquire fire station parcel in exchange for the payment of $700,000.  Mr. Billman stated that this was an untrue statement.  The County pulled an agenda item when they found out that the Town did not have such a meeting.  Another letter was submitted to the Town saying essentially the same thing.  Mr. Billman pointed out that there are other developers in the community.  Richard Billman said we are asking the County to make a special arrangement.  Terry Connelly replied that he apologized for not understanding the submittal process and there was a snafu on their part as they had committed, following their meeting, to follow up in writing summarizing the discussion points at the Town Board level.  The subsequent letter was written in September following word from Dave Richards that there was still a submittal to be done with the Town Board.
Pahrump Town Board Meeting
September 28, 2004

Terry Connelly apologized for offending anyone for leaving the Town Board out as it was not the intent.  Having met with a few people and the Town Manager and discussed some numbers that were agreed upon.  Mr. Connelly said he thought it would be formalized in a Town Board meeting which they did not understand still required separate from that submitted to the County.  Mr. Connelly said that the comment regarding other developers that William Lyon Homes has an approved development agreement.  The others do not have it.  Terry Connelly said he has not seen it done this way and it is unusual to have a third party to an agreement that is not a signer on the agreement.  

Richard Billman stated that the County impact fees are approximately $1,600 per roof and is a considerable difference between that and the $700,000.  Terry Connelly said the Board would want to look at what is made up of those impact fees.  Mr. Connelly stated that there are several things that will come to light as the County gets through further on it adequate policies.  With impact fees there are approximately eight types of things that impact fees can be legally used for.  Those include such things as sewer treatment facility, water treatment facility, drainage facilities, storm water facilities, fire station, police station, and schools will have a separate impact fee.  Mountain Falls community is a stand alone community and will be providing all of the things mentioned.  Mr. Connelly said they are building their own $7 million sewer system and providing all their own storm drainage, etc.  Many of the costs in the $1,600 impact fee for communities outside of something you would normally find are already being provided by William Lyon Homes.  The impact on the community from those standpoints of qualified items for an impact fee has already been considered.   Mr. Billman stated that to be somewhat true but that does not suppose that your people are going to forever remain inside their wall of their community and will never drive on our streets and never utilize our ambulance or fire department.  Mr. Connelly said that is why they have looked at the remaining public health and safety issues for funding and the key is what the impact would be upon the community, not what the communities needs are.  Terry Connelly said there is a fine line of understanding of what your operating budget and shortfalls are from needs that cannot be paid from impact fees.  You cannot pay for a fire truck.  You cannot pay for an ambulance.  Those are not allowed under impact fees, Mr. Connelly stated.  What is needed is a Capital Improvement for facilities.  The structure on doing this was felt to be a good opportunity for the Town to be able to get those funds and have more discretion on how to use it and use it for things needed up front.  If the Town Board does not want to do it, it fine stated Terry Connelly.  Mr. Connelly said what they will find is that the discretionary ability of how to use the funds will be limited under an impact fee.  You will not be able to buy vehicles.  Terry Connelly explained that developer agreement throughout Nevada are typically negotiated with municipalities with provisions for specific things such as the five acres to get something outside the more restrictive impact fee.  The value of the five acres would be credited back to Mountain Falls against an impact fee.  This was an opportunity to get the Town some immediate needs.  If looking at this all the way through, $700,000 for a fire station, Mr. Connelly asked if Mountain Falls community will be putting more of a demand on the Town than a fire station.  It may put a demand on the operating results or operating budgets of departments.  Mr. Connelly noted that that is made up in taxes.  Terry Connelly continued that it is a fine line, and the Town must be careful in what it is asking for.  
Pahrump Town Board Meeting
September 28, 2004

To waive this and go with an impact fee will handcuff the Town on what the funds can be used for.  The operating funds could be realized from the $700,000.  

Jeanna Howard noted that this conversation and the way the item is on the agenda she feels it is not feasible for the Town to do anything at this time.  Ms. Howard stated that this will be setting precedence as the Town has no authority to make any decision on impact fees, whether it be imposing them, waiving them or trading for them.  Jeanna Howard said that this scenario has turned into the latest conspiracy theory in this community.  There are allegations flying everywhere of who is doing what with whom.  Most of it is absolute fallacies.    Ms. Howard said she was concerned that there is an understanding between William Lyon Homes and the Town Board is that if the market value for the five acres is $200,000 just to use a figure, and William Lyon Homes is going to give the Town $700,000 for that.  This Board might want to consider that.  If William Lyon Homes is asking the Town Board to send direction to, or an opinion to the County to waive any and all, whatever it may be, the Board has no authority to do that.  

Mr. Connelly said he was not asking the Board to act from having authority to do that.  Terry Connelly said he would assume that the County Commission would take it into account in making their decision.  Mr. Connelly stated that the County Commission will be looking at this as a stand alone document.  Mr. Connelly said that whether or not he comes to the Town Board and acquire the five acre parcel for whatever price, he did not know if that will make an impact on the Commissioners as to whether they believe this is an appropriate amount or not.  They will be taking their own approach as to what is a proper impact fee for the Mountain Falls community.  

Jeanna Howard asked if this is placed on the agenda properly and it is agreed that the Town will give up the five acres for $700,000 and then Mr. Connelly puts something on the County agenda, they would say that this has nothing to do with the County.  Ms. Howard asked if William Lyon Homes would then change their offer to the Town or ever reconsider it.  Mr. Connelly replied that it would go back to the whole purpose of the project giving up five acres as a way to help mitigate the impact.  Terry Connelly replied that the transaction is as a result of what it was projected when the development agreement was approved for its impact within the community.  Ms. Howard noted that she talked with other communities where William Lyon Homes had done developments they are community friendly and do appreciate what they are doing.  Ms. Howard explained that because this would be setting precedence and this is why this topic is so sensitive to everyone at this time.  Mr. Connelly said the setting of the precedence would be that they are the only project at this time with a development agreement.  Terry Connelly pointed out that the setting of the precedence would be that the Town Board should be negotiating these things in the future development agreements to the level of service and expectations that the Town needs that are outside of the impact fee structure.   Ms. Howard stated that this dialogue is to get the information as it has been confusing.   

Pahrump Town Board Meeting
September 28, 2004

Jeanna Howard said she does not see how the Town Board could take any action related to a first amendment to a development agreement that the Board has no legal tie to.  Ms. Howard noted that a recommendation would make sense.  Terry Connelly said that a recommendation is what he is looking for.  Mr. Connelly stated that the precedence is that this is the very first development agreement and the only development agreement that the Town has.  You are now negotiating all the future development agreements, Terry Connelly stated.  The precedence is not being set for the other developers.  The County is beginning with the Town Board’s assistance the development agreements and adequate facilities program and ordinances.  The adequate facilities program is designed to come up with a capital improvement plant that establishes needs.  Those needs will be based on the impact of development not based on the operational needs and budgets of any agencies.  Mr. Connelly said it is important to remember as you consider this recommendation, the timing of how funds come and their use.  There is much discretion that can be done in a development agreement that way.  Terry Connelly stated that builders are not going to do all that is necessary and pay the impact fees also.  Mr. Connelly stated that William Lyon Homes would not be doing this in lieu of impact fees.  They would be giving the Town the property and over the next several years, when enough funds are collected to build a fire station, you will have the property.  It depends on how the Town finances things.  

Cristina Hinds addressed the issue of the item being agendized properly.  Ms. Hinds said she respectfully disagreed with Ms. Howard as the back up with the way it is stated on the agenda gives the public adequate notice of what is being considered.  Jeanna Howard confirmed that in order to send a recommendation to the County that it is adgendized properly.  Ms. Hinds replied it was.  

There was a point of order from the audience.  Paula Glidden responded that this item was in discussion and questions were being asked.  

Ed Bishop Motioned that the Town Board send a recommendation to the County Commission not to accept this amendment to the development agreement.  Richard Billman seconded the motion.  

Paula Glidden stated that there was talk in generalities and specifics and how this would help the Town of Pahrump.  Ms. Glidden said that until she attended the Commissioner’s meeting she heard nothing regarding impact fees.  Paula Glidden commented that it was not in any discussion with Mr. Connelly.  

Terry Connelly stated that he left the meeting with a different opinion. Mr. Connelly admitted that he does not know many businesses or companies that will hand over $700,000.  Ms. Glidden explained that she sat in at the meeting, and is all for development, but did not hear impact fees mentioned at the meeting.  

Dave Richards reiterated what Ms. Glidden said.  Mr. Richards said if there was an implication in the correspondence that the discussion involved $700,000 in lieu of impact fees that someone
Pahrump Town Board Meeting
September 28, 2004

misunderstood the discussion.  Mr. Richards explained that he was present at the meeting and participated in the discussion and there was never any discussion of getting the money in lieu of impact fees.  Dave Richards said they were not even discussed because the Town has no authority in the area of impact fees and the County has that control.  Mr. Richards noted that the amendment does suggest that there was an agreement on the part of the Town to give up impact fees for the specified amount of money.  Dave Richards stated that that did not happen; impact fees were not talked about.  

Laura Billman commented that she would urge the Town Board to vote against this amendment.  Ms. Billman said she did not know what was going on and felt that someone was not telling the truth.  Laura Billman noted that the current development agreement that is in place states “land plus impact fees.”  Ms. Billman said William Lyon Homes has no choice currently but to give the Town the land and the impact fees.  If this is the case the Town would not have to give them any money for the land.  The agreement says and, not and/or.  Ms. Billman noted that the land could be worth $1.2 right now comparing the pricing to that of the Artesia development and Mr. Connelly is offering $700,000.  William Lyon Homes is asking the Town to sell out the five acres for $700,000, waive impact fees, except for $259 per roof top, when impact fees will probably be in place within the next six months when the Town will receive a whole lot more than $700.000 spread out over two years, Ms. Billman explained.  She also stated that impact fees must be used in the area that is impacted within five years.  Laura Billman commented that this is nonsense.  

Harley Kulkin commented that the back up does not stated what William Lyon Homes is required to do.  They are stated that they would like to do certain things.  Mr. Kulkin said it is obvious that they are proposing an agreement to change an agreement that they agreed to in past times.  Harley Kulkin explained that they did a development agreement with the County and that the County cannot come and change their minds.  Mr. Kulkin noted that William Lyon Homes is offering the Town $900,000, and not in a lump sum, so that they can collect interest on the money.  Harley Kulkin stated that any proposal they make is in their interest as they are interested in making money.  Mr. Kulkin commented on the development of the five acres and that it can earn up to $100,000 per lot with 4 lots per acre totaling 20 lots.  Harley Kulkin noted that there seems to be confusion about the impact fees and pointed out that they agreed to the impact fee for the schools.  Harley Kulkin thanked Ed Bishop for his motion.

Charlie Anzalone commented that Mr. Connelly is out for himself, not for the Town, and the Board allowed him too much time to make is case.  

Paula Elefante commented that she remembered when the original agreement came about when Mountain Falls was amending their master plan.  Ms. Elefante noted that Mr. Billman, Ms. Glidden, and Mr. Bishop, Ms. Hinds and Mr. Richards were not in attendance.  Paula Elefante said it does not surprise her that any of them are not aware of the agreement or how it came about.  Ms. Elefante explained that Geoff Smith, former Town Manager, was in attendance at some of the meeting being held when looking at reviewing with the intent to modify their master
Pahrump Town Board Meeting
September 28, 2004

plan.  Mr. Smith demanded at least five acres of land so that a fire station could be built on that site.  Mountain Falls at that time decided to set aside 5 acres of land.  Paula Elefante stated that the Town Board has a choice of either keeping the land and develop it, pay impact fees when the building is built.  Ms. Elefante asked where the Town will get its water.  There is no water for the five acres.  

Paula Glidden replied that Ms. Elefante is correct that the Town does not have the water today but may have it in the future.  Ms. Glidden, in defense of the developer, that the talk of land value and the land is not escalating the way it was and Artesia did not sell out.  There is a slow down currently.  It is impossible to cut the five acres into 20 lots.  

Bill Green commented that his biggest problem is that he does not see the outrage of someone lending the Town Board name, going behind the Board’s back, saying that the Town Board has done this.  Mr. Green stated that Terry Connelly would not name any names so someone on the Town Board was negotiating.  Somebody was doing something that the Board should have known about.  The reason people become outraged is that we are running over the 25 minute meetings that were developed for the Town Board.  

Ed Bishop responded to the comments by Ms. Elefante by stated that he was not on the Town Board for the last development agreement, but was on the Board when the first one was done.  Mr. Bishop said he was also on the Regional Planning Commission at the time of the first agreement.  The first agreement says that “owner shall set aside five acres of land as set forth in the specific plan to be used for the provision of a fire station” and they were going to build the fire station.  Mr. Bishop noted that the County has already released them from building a million dollar fire station on those five acres and now they want the Town to give up the five acres for $700,000 and the Town cannot buy a new fire truck for $700,000. This is ridiculous, Mr. Bishop commented.  

Paul Willis commented that he sat in on meetings when there were negotiations for the turn key fire station at Mountain Falls which included a sheriff’s substation.  Mr. Willis noted that the fire station was enlarged to meet the needs of the Town.  Paul Willis stated that the first development agreement sets precedence for all the other development agreements.  Mr. Willis stated that unless the size and scope and the eventual size of the development has changed drastically, and will never grow as planned, he does not thing that is the case.  Paul Willis said that the reason the first development agreement failed is because of the bankruptcy (Collins).  Mr. Willis agreed with Mr. Connelly that impact fees are constrictive and that is why the development agreement came about; to subsidize the other needs not available through impact fees.  Paul Willis commented that growth does not pay for itself.  Mr. Willis stated that agreements and promises were made and they were amended.  Paul Willis stated that Mr. Connelly said that they would be providing services that would be self contained.  Mr. Willis asked if that means they are going to have their own fire service and ambulance service and provide those facilities.  Paul Willis commented that the needs will be there regardless of whether the property is there or not.  Mr. Willis agreed with the motion made by Mr. Bishop.
Pahrump Town Board Meeting
September 28, 2004

Terry Connelly responded to some comments made.  Mr. Connelly clarified that there is no conspiracy.  This was something that William Lyon Homes thought would be an opportunity for both parties.  If it is not, so be it; that would be the Town Board’s decision.  Terry Connelly said that there may be some misunderstanding and explained that the original project of Mountain Falls was for 2700 acres and over 8,000 units.  There has been a material change in the project as it is now one-third of what it was in the original development agreement.  That is 900 acres.  Mr. Connelly stated that the County, in its amendment for the bank after it came out of bankruptcy when the property was sold to many different people.  The County stated that this is an amended and restated development agreement which supersedes the previous amendment.  The discussions about what was promised and what was going to happen, fire station, etc., were taken off the table because now multiple owners own the original property.  Terry Connelly noted that there is no obligation to build, or do anything, based the original Mountain Falls development agreement.  Mr. Connelly said there was a subsequent amendment done as a result of the bankruptcy that the County has approved.  

Vote passed 4 – 0.


Jeanna Howard explained that Fire Chief Scott Lewis had to leave.  Ms. Howard asked Mr. Richards if he needed any testimony to move forward on this item.  Dave Richards stated that the Chief asked him to present this item in his place.

Dave Richards stated that the requested from Chief Lewis a report on the financial impact of either or both of these standards being adopted.  Mr. Richards said that the material provided do not include the impact statement.  Dave Richards stated that he was not familiar with the incident management system standards but is familiar with NFPA standards to know that there would be significant impact on payroll expense if NFPA were to be adopted and the Town was held to those standards as standards and not guidelines.  Mr. Richards continued that if the Town were to adopt NFPA the Town would be required to have 1.5 employees per 1,000 population.  Dave Richards noted that this would be a significant impact for the Town.  Dave Richard stated that he is certain there would be other impacts as well.  Mr. Richards said that he is not suggesting that the Town not adopt NFPA, but is suggesting that the matter be deferred until another meeting and there is a full understanding of the financial impact.  Dave Richards stated it was his recommendation to delay action on this and allow the Chief to make a presentation personally.  Paula Glidden asked if this could be moved to the next meeting.  Mr. Richards recommended tabling the item.  

Pahrump Town Board Meeting
September 28, 2004

Jeanna Howard Motioned to direct staff to go out for specifications and request bids for two (2) advanced life support quick response units to replace Medics 14 and 15.  Richard Billman seconded the motion.  

Dave Richards recommended that this item be approved.

Paul Willis commented that the item should say something about an Odyssey type vehicle.  Jeanna Howard explained Odyssey is not a manufacture specification it is legal because it is not a specific model that only one manufacturer makes.  Ms. Howard stated that this item is correct as stated.

Vote passed 4 – 0.  


Dave Richards reported that there are several items on the report which the Town Board will be taking action on, or have already taken action on, tonight.  Mr. Richards stated that there will be a closed session to discuss negotiations with the firefighters tonight.  Also tonight the Town Board approved letting bids for the Odyssey type vehicles.  

Mr. Richards reported that the third reading and decision of the Room Tax Ordinance amendment was voted on tonight.

Dave Richards stated that the specifications fro the television translator equipment will be discussed later in this meeting.

Mr. Richards noted that Mr. Connelly of William Lyon Homes made his presentation.

Dave Richards reported that a meeting is scheduled with Concordia Homes.  Mr. Richards said he would like two Town Board members present for this meeting with Concordia Homes, Cristina Hinds and Dave Richards to discuss the impact of their project on the Town.  A neighborhood meeting was held and they are open to discussions on the impacts.  Discussions are being held prior to the Regional Planning Commission meeting to avoid prolonged public discussion.  Mr. Richards stated that as long as the Town Board understands that a recommendation may be brought back to the County regarding mitigation of impact of this subdivision on the Town.  Dave Richards recommended appointing two members to sit and discuss their project with them.  

Mr. Billman asked if this is the development on Homestead and Thousandaire.  Mr. Richards confirmed that it is the sod farm property.  

Jeanna Howard commented that she has been following a practice as a member of the Regional Planning Commission (RPC) not to entertain any meetings with any developers so there is no
Pahrump Town Board Meeting
September 28, 2004

perceived conflict.  Ms. Howard respectfully requested not to be included in any of these meetings as long as she is serving on the RPC.  

Paula Glidden asked that Richard Billman and Ed Bishop to serve on this committee.  Ed Bishop asked for a date and time of the meeting.  Dave Richard said he did not remember the date but that a copy of an email is in the Board’s mail boxes at the office.  

Dave Richards continued with his report.

Mr. Richards noted that the Board has received information on the process of contacting the holders of valley water rights to determine their desire to sell or donate.  Not many offers to donate have been received.  It has been established that close to 200 acre feet is available for sale depending on the price.  Richard Billman asked what the price is.  Dave Richards replied that the price ranges on average of $15,000 per acre foot.  

Dave Richards reported that Simkins Park engineering is proceeding.  One quote was received to do soils work and design for the sidewalk, basketball and bocce ball court.  This included a picnic pavilion at Simkins Park.  A special meeting of the Parks and Recreation Advisory Board is planned on Monday, October 4 when a second quote should be available.  

Mr. Richards stated that electrical box upgrades at Petrack Park for Fall Festival will be done in time for Fall Festival.  

Dave Richards reported that several meeting ago the Town Board approved the easement abandonment for property south of fire station Building 350.  This will be on the County Commissioner’s meeting in October.

Mr. Richards said a presentation made by Mr. Schmer at the last Town Board meeting regarding a bus stop bench has been followed up on and Mr. Schmer was referred to Mr. Maher.  Contact was made and Mr. Richards said he would be following up on this matter.

Dave Richards noted that he has attended a number of events as listed in his report.


Paula Glidden asked Fall Festival Publicity Chairman, John Pawlak to give a report.  Mr. Pawlak reported that the Pahrump Valley Times will have a pull out magazine in their next two editions which will list the festivities for the Fall Festival.  The Festival begins on September 30 with the carnival and early vendors will be there.  Saturday will include some big entertainment.  There will be contests Saturday as well.  There has been publicity in the Pahrump Valley Times, Nifty Nickel, Tonopah news, as well as in Laughlin and Bullhead City.  There has been advertisement on 97.1 fm station and the Highway station 98 and 99 also.  

Pahrump Town Board Meeting
September 28, 2004

John Pawlak for the Nuclear Waste and Environmental Advisory Board noted that if anyone is concerned with air quality in Pahrump you can access air quality information on the Town of Pahrump website.


John Pawlak noted that it is hoped to get as much publicity for Fall Festival as possible.  This year a package was shared with the Chamber of Commerce with their grant for the Highway stations.  Mr. Pawlak said he was asking that the Board approve a package for advertising on 97.1 in Las Vegas.  John Pawlak noted that the lesser of two packages is suggested without a live remote feed.  The package for $1,960 includes 16 – 60 second spots to run Thursday thru Saturday from 6:00 a.m. until 12:00 a.m.  There will also be 8 – 10 second Traffic/News sponsorships and another sponsorship with Lark.  

Ed Bishop motioned to approve the $1,960 publicity package for Lotus Broadcasting advertisement for Fall Festival.  Richard Billman seconded the motion.

Paula Glidden noted that this was approved by the Fall Festival Executive Board.  

Bill Green commented that these ads would begin running the week before Fall Festival.  Is this not the week before Fall Festival?  Mr. Pawlak said advertising would begin tomorrow (Wednesday).  

Vote passed 4 – 0.


Jeanna Howard said this item was brought forward via conversations with Commissioner Patricia Cox.  The conversation consisted of a recommendation that there be a meeting for initial dialogue with representation from the Town and County so they can return to their collective Boards for direction.  Ms. Howard noted that the County has approved to hire an Economic Development office while the Town Board is looking in the same direction.  This has opened up dialogue that there may be a duplication of efforts.  While the County is working on ventures for the Town of Pahrump there is not the communication level that would be hoped for so there is not a duplication of efforts.  Jeanna Howard stated that this in hopes of having dialogue to be brought back to Town Board and the Commission for direction in relation to strategic planning as it relates to infrastructure on all levels.  This would be formalizing a voice.  

Paula Glidden stated that this tried to be done approximately one year ago when two Town Board members and two Commissioners did meet.  Ms. Glidden said the County Manager and
Pahrump Town Board Meeting
September 28, 2004

the Town Manager were present as well.  Paula Glidden said it was an effective meeting and there was a consensus they would meet again.  This is the time to bring this back.

Jeanna Howard Motioned to approve to move forward with a joint meeting to come back to our respective Board for direction.  Ed Bishop seconded the motion.  

Paula Glidden asked if this would include two others.  Ms. Howard stated that management and the potential of counsel would be included.

Richard Billman asked when this would be taking place as there is a current election taking place.  Mr. Billman stated that he liked the idea and suggested that it be done early next year.  Ms. Glidden stated that if this is accepted at this meeting and then put it on the agenda for the end of November to decide who those would be attending the meetings.  Mr. Billman noted that the County would have to do the same.  Ms. Glidden said that the Town could invite the County.  

Vote passed 4 – 0.


Dave Richards explained that the Town receives a signal from Channel 10 – KLVX in Las Vegas to the Town facility.  It is broadcast on Channel 28 in Pahrump.  The translator is owned, licensed and operated by the Town.  Currently, complaints are received regarding the picture and the sound.  Mr. Richards stated that the equipment is not functioning properly and it is no longer made or supported by the manufacturer.  KLVX is supporting replacement of the translator and have agreed to fund 50% of the cost of the replacement and to assist in installing the equipment.
All contacts were provided to the Town from the KLVX station engineer. Dave Richards stated that quotes were received from Pineapple Products for $9,000 up to $14,500.  Transom quoted from $12,000 up to $12, 500 depending on the transmitter wattage.  Larcan USA quoted $15,206.50 which includes a 15% discount.  The quotes were reviewed by KLVX staff and their recomme



There is no backup posted for this meeting.