Agendas & Minutes


September 9, 2008

PAHRUMP TOWN BOARD MEETING
BOB RUUD COMMUMITY CENTER
400 N. HWY. 160
Tuesday – 7:00 P.M.
September 9, 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 Desert Research Institute conducting a mail in survey in Pahrump.  Laurayne Murray/Asako Stone Ph.D.

7.    Discussion and decision regarding pilot test of Drivers Alert Supplemental Stop Sign.  Town Manager/Vaughn Thomas

8.    Discussion and decision regarding full cooperation with a Complete Count Committee for Census 2010   Laurayne Murray/Oscar Reconco

9.    First Reading 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

10.    Discussion and decision regarding school speed zones.  Town Manager

11.    Discussion and decision regarding Resolution 2008-16 approving a request to Nye County to file an Application for a Right-of-Way for the access road to the new Pahrump Airport.  Town Manager

12.    Discussion and decision regarding Town Attorney search and proposals received from two firms that specialize in local government activity.  Town Manager

13.    Discussion and decision regarding names of applicants to be sent to Governor Gibbons for consideration to fill the open position on the Town Board to replace Dan Sprouse effective after September 23, 2008.  Town Board

14.    Appointment of Advisory Board Liaisons.  Laurayne Murray

15.    Discussion and decision regarding naming of Town Board members (member & alternate) to sit on the Nevada League of Cities Board of Directors.  Town Manager

16.    Discussion and decision regarding naming of Town of Pahrump member to sit on POOL/PACT Executive Board.  Town Manager

17.    Discussion and decision requesting voting rights for the POOL/PACT Executive Board. Town Manager

18.    Discussion and decision regarding “next steps”/response to the Incorporation Advisory Board Report.  Laurayne Murray

19.    Discussion and decision regarding Town Board/Town Manager 2008-2009 Goals and Objectives.  Town Manager

20.    Town Manager’s Report

21.    Consent agenda items:

a.    Action – approval of Town vouchers
b.    Action – approval PVFRS Ambulance revenue Report and write offs March 2008 – May 2008.
c.    Action – approval of Town Board meeting minutes of August 26, 2008,

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

23.     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
Dan Sprouse
Bill Dolan

Call to Order, Pledge of Allegiance, and Welcome

Chairman Murray called the meeting to order at 7:03 p.m. and led in the pledge of allegiance.

Discussion and decision regarding agenda items

Dan Sprouse asked that Item #18 be moved to #6 and delete Item #6 as the presenter had canceled.
    Mr. Sprouse asked that Item #10 follow new Item #6. These are presentation items.

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).

Dave Stevens commented on the sound system and Tom Waters spoke about the proper way to say the Pledge of Allegiance.

Advisory Board Reports

    Bob Irving reported that the Fall Festival is 3 weeks away and all is set to go.    

Announcements and “Good News”

Laurayne Murray announced the Drug Court Dinner on September 12; the Rotary $10,000 event is September 13; the Wild West Extravaganza is September 19 – 21.
Oscar Reconco announced the Wellness Option Forum on September 13.

Discussion and decision regarding Desert Research Institute conducting a mail in survey in Pahrump   Laurayne Murray/Asako Stone PhD
This Item was deleted



Discussion and decision regarding pilot test of Drivers Alert Supplemental Stop Sign.  Town Manager/Vaughn Thomas

Vaughn Thomas and Bill Thomas, representing the United States Department of Transportation explained the project Drivers Alert which has been approved for testing in Nye County; already approved in Beatty and Tonopah.  He has been working with Nye County Public Works and Samson Yao.  The County has suggested placing a sign at Charleston Park and Barney with Town Board approval.  Mr. Thomas explained how the project would work and stated it would depend on Congressional funding.

Board members asked questions regarding when the project would begin and who would be responsible for the upkeep, and where the signs would be placed.  Dan Sprouse suggested copies of the information be given to the Nye County Sheriff (NCSO) and Pahrump Valley Fire-Rescue Service (PVFRS).  Vaughn Thomas stated data would be under the supervision of the University of Nevada, Reno.  

Don Rust motioned to support the pilot test of the Drivers Alert Supplemental Stop Sign project.  Dan Sprouse seconded the motion.

Mike Darby, Dave Stevens, Art Jones, and Lynn Jones asked questions and commented on this item.  

Vote passed 5 – 0.  

Discussion and decision regarding full cooperation with a Complete Count Committee for Census 2010   Laurayne Murray/Oscar Reconco

    Bill Kohbarger announced that Cookie Westphal will be the staff member participating in    the Census 2010.

Oscar Reconco, United States Department of Commerce U. S. Census Bureau, presented information regarding the Census 2010 and to bring awareness to the community and stressed the importance of the Census.  Mr. Reconco requested assistance in forming a Complete Count Committee in Pahrump and suggested a committee of between 15 and 35 people.  Having the correct count in the Census means more funding for the community.  

Bill Dolan motioned to fully cooperate with the Complete Count Committee for Census 2010 and offer the volunteer work for Ms. Westphal from the Town and any support the Town can give her.  Dan Sprouse seconded the motion.


Lynn Jones commented on the how foreclosures would affect the count and Dave Stevens said he finds no fault with the program but was afraid of information and privacy issues.  Mr.

Reconco explained that the Census only asks 10 questions and will provide an opportunity for jobs during the census count.  For every person not answering the questions the Town will be losing $300 per person per year.  

Vote passed 5 – 0.

Discussion and decision regarding “next steps”/response to the Incorporation Advisory Board Report    Laurayne Murray

Bill Verbeck of the Incorporation Advisory Board explained that three recommendations were made in the previously presented Feasibility Study; to bring incorporation to a vote, preparing a Charter for a City, or to hire a consultant to do an independent study to see if Pahrump is ready for Incorporation.  The Advisory Board encouraged the Town Board to consider bringing on a consultant in the field of County and State financing and Nevada Revised Statutes as they pertain to Incorporation.  The Advisory Board is intact and is willing to assist with continued research and study.

Bill Kohbarger reported that the International City Manager’s Association (ICMA) advised to seek help from University of Nevada/Reno or Las Vegas (UNR or UNLV).  UNR has people who have done these studies in the past.

Dan Sprouse said he would support hiring a consultant in this matter.

Don Rust motioned to retain the Incorporation Advisory Board to develop information for a Charter and ask staff to ask for a proposal from the UNR to have them submit a proposal for forming an independent study regarding incorporation, and to find out what kind of deadline and cost would be involved.  Dan Sprouse seconded the motion.

Dave Stevens, Bob Irving, Art Jones commented on this item.  Nye County Commissioner Butch Borasky explained that when the matter was before the Board of County Commissioners (BoCC), Commissioner Joni Eastly stated that Nye County would help with funding for a study if they went through UNR.

Vote passed 5 – 0.

First Reading 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

    Don Rust read the title of Pahrump Town Ordinance 32 – Room Tax.

Discussion and decision regarding school speed zones.  Town Manager

Bill Kohbarger stated a study was done concerning this issue.  A meeting was held with Commissioner Borasky and Nye County School District (NCSD).  A letter was provided by the NCSD and Cameron McRae which indicates that the school bus stops change every year, making it difficult to create speed zones for bus stops.  Mr. Kohbarger indicated that the only way to control the speed in bus zones is stating every road in Pahrump would be 15 mph.  Students and parents are being educated on this issue.  Mr. McRae, Director of Transportation for NCSD, confirmed what the Town Manager stated.

Dan Sprouse asked if anything is being done with regard to safety for the children.  Mr. McRae stated that education of the motoring public would help along with parent participation at bus stops.  

Laurayne Murray said she would like to keep looking for a solution.  Mrs. Murray noted that there is currently an issue concerning speed limits everywhere in Pahrump and the Board will have to take some action in the near future regarding establishing speed limit postings so that they are enforceable.  

Bill Dolan asked Mr. McRae if he had worked with NCSO or Nevada Highway Patrol (NHP) and news media to put something forward with public service advertisement.  Mr. McRae said he received a quote from Channel 41 last year but never went forward due to production problems  Mr. McRae explained other programs that were available regarding education on this subject such as Safety Routs to School program.  

Dan Sprouse stated that he would rather be pro active rather than reactive to the problem.  Don Rust commented that there is a need for education and awareness, and there are two problems; one with drivers and the other with enforcement of existing laws.

Dan Sprouse motioned to direct staff to meet with County officials to see where we can start with possibly putting together a public safety announcement with a joint venture between the Town, County, School District, Sheriff’s Office and the State to get some funding from them.  Bill Dolan seconded the motion.

Commissioner Borasky recommended a public awareness campaign or an advisory board consisting of someone from the Town, County, NVSO, and NCSD.  Crossing guards would be another consideration.  Speed limits are going to be discussed at the BoCC meeting on September 16th proposing a consultant be used to tell Pahrump whether we need speed limits or not.  

Sean Brooks brought new information forward to add to his previous information regarding bus stops on Highways 160 and 372.  Cameron McRae reported that there are no stops on Highway 372 at this time.  Removing stops on Highway 160 have logistical issues that prohibit moving those stop off of the highway.  

Frank Maurizio, E. Romppanen, Tom Waters, Dave Stevens, Bob Irving, and Gordy Jones commented on the issue.  

    Vote passed 4 – 0.  Mr. Dolan was absent for the vote.

Discussion and decision regarding Resolution 2008-16 approving a request to Nye County to file an Application for a Right-of-Way for the access road to the new Pahrump Airport   Town Manager

    Don Rust read Resolution #2008-16 title.

Don Rust motioned to approve Resolution #2008-16 as presented.  Nicole Shupp seconded the motion.

Vote passed 5 – 0.  

Discussion and decision regarding Town Attorney search and proposals received from two firms that specialize in local government activity.  Town Manager

Bill Kohbarger noted that information was presented in the Board backup regarding the two firms that responded to his inquiries.  One firm is from Northern Nevada, the other firm from Las Vegas has been working with the Town of Pahrump on specific matters.  Mr. Kohbarger said he has been unable to contact Mr. Joerger and requested that the Board move forward with choosing one of the two firms that have experience in local government issues.

Dan Sprouse noted that previous work has been done through Armstrong-Teasdale but expressed concerns about the cost of Professional Services.  Bill Kohbarger said he feels it is cost saving for the Town and recommended Option #2 of $7,000 per month.  Dan Sprouse stated he would like to have someone present at Town Board meetings and asked if there is additional cost to have them present.  Mr. Kohbarger replied that Mr. Campbell said there would be no additional costs associated with attending meetings.  Both firms are set up for video conferencing if necessary.  Dan Sprouse asked that Mr. Campbell put in writing that he would attend meetings.  

Laurayne Murray explained the contract with Mr. Joerger requires a written 30 day notice.  Mr. Kohbarger said he felt the contract was ended when Carl Joerger stated on the record his 30 day notice and has submitted a bill to the Town stating “final bill”.  Mrs. Murray noted that it is a contract with an attorney.  

Don Rust called a Point of Order.  Mr. Rust stated that the former attorney issued his resignation publicly.  Laurayne Murray noted that Mr. Rust was stating an opinion.  Mrs.
Murray said she was advising the Board, that in order to be compliant with the written contract, it states written notice and suggested the Town should provide the written notice and would like to comply with the contract to assure that it does not come back later.  

Bill Dolan asked if the resignation of Mr. Joerger was given on the record, once the minutes are accepted, could the Town issue a letter to him dated the date of the last meeting and acceptance of his final bill then he would not be able to come back at the Town.  Mr. Kohbarger stated that to be correct.  

Laurayne Murray asked that a motion and action be acted on because at the last meeting there was a motion to accept the resignation and it did not receive a second.  The Board took no action at that time to accept the resignation.  

Bill Dolan motioned that when minutes of the last meeting are approved we accept Mr. Joerger’s resignation and staff be directed to send him a letter dated the date of the last meeting along with all documentation with verbal resignation on the record and a copy of his final bill stating that his last day is (blank).  Don Rust seconded the motion.  (Effective date to be September 25, 2008)

Dan Sprouse pointed out that the way the agenda item was stated can this agenda item be included in the motion.  Laurayne Murray noted that this is where we would like to have legal advice.  The agenda item does not indicate anything about the cancellation of an existing contract and stated for the record that such action would be being taken outside the agendized item in violation of the Open Meeting Law.  

Bill Dolan withdrew his motion and Don Rust withdrew his second.

Bill Dolan motioned to move forward in selecting a new law firm of Armstrong-Teasdale with Option #2 and include in the motion that the Board has been advised that they have no problem coming out and will be added in the contract.  Dan Sprouse seconded the motion.  

Chairman Laurayne Murray stated that the contract will be brought to the Board for final action.  Mrs. Murray asked for an agenda item for Board action to cancel the existing contract.

Art Jones, Lynn Jones and Dave Stevens commented.

Bill Dolan restated his motion that the Board enter into a contractual agreement with Armstrong-Teasdale on Option #2 as proposed to include language that they have no problem coming to the Town Board meetings at no charge.

Vote passed 5 – 0.

Discussion and decision regarding names of applicants to be sent to Governor Gibbons for consideration to fill the open position on the Town Board to replace Dan Sprouse effective after September 23, 2008.  Town Board

Bill Kohbarger informed the Board that a letter was received from the Governor’s Office and are awaiting the names to be submitted and will follow the Town procedure.

Laurayne Murray asked that the Board submit their two names from the applications received.  Votes were tallied.  

Dan Sprouse motioned to accept applications from of James C. Scott and Janice Painter as the two top votes.

Laurayne Murray added that a letter be written to the Governor’s Office with this action and recommendation that he select the Town Board member from the list, effective after the September 23, 2008 meeting.

Don Rust seconded the motion.  

Vote passed 5 – 0.

Appointment of Advisory Board Liaisons   Laurayne Murray

Chairman Laurayne Murray made appointments effective immediately.  (See attached list)  Mrs. Murray explained that the appointments are subject to change.  

Discussion and decision regarding naming of Town Board members (member & alternate) to sit on the Nevada League of Cities Board of Directors  Town Manager

Laurayne Murray explained that the Chairman has always been the representative to the Nevada League of Cities.  No alternate was named so she named the Vice Chair as the alternate as indicated in the above named appointments.  There was no action needed.

Discussion and decision regarding naming of Town of Pahrump member to sit on POOL/PACT Executive Board   Town Manager

Bill Kohbarger explained that a replacement should be named to replace Dave Richards.  Mr. Kohbarger explained the position does not have to be an elected official and he would be glad to be named.

Bill Dolan motioned to appoint Bill Kohbarger to the POOL/PACT Executive Board.  Nicole Shupp seconded the motion.

Vote passed 5 – 0.
    
Discussion and decision requesting voting rights for the POOL/PACT Executive Board   Town Manager

Bill Kohbarger asked that the Board approve sending a letter to POOL/PACT so the Town can have voting rights on their Executive Board as a member and need a voting right.  

Dan Sprouse motioned to request Mr. Kohbarger to send a letter to POOL/PACT requesting the Town of Pahrump have voting rights.  Bill Dolan seconded the motion.

Vote passed 5 – 0.

Discussion and decision regarding Town Board/Town Manager 2008-2009 Goals and Objectives   Town Manager

Bill Kohbarger presented a list of 18 short term and 6 long term goals and objectives as discussed and approved previously by the Board, and a sample of how each goals progress will be reported.

Mr. Dolan asked why #11 has no completion date.  Mrs. Murray replied that the item is already complete.  Mrs. Murray asked that item #6 include “local Pahrump internal mass transit” in addition to the mass transit between Pahrump and Las Vegas.  

Dan Sprouse commented on #5, Kellogg Fire Station.  Mr. Kohbarger said it was discussed with Chief Lewis.  Dan Sprouse suggested rewording the item.  

Laurayne Murray summarized that Short Term #11 be deleted, added Short Term #6 to include “local”.

Don Rust motioned to accept the 2008-2009 Town Manager Goals and Objectives as amended.  Nicole Shupp seconded the motion.  

    Vote passed 5 – 0.

Town Manager’s Report

Laurayne Murray asked that a written report be emailed to the Board before the next meeting.

Consent agenda items:

a.    Action – approval of Town vouchers
b.    Action – approval PVFRS Ambulance revenue Report and write offs March 2008 – May 2008.
c.    Action – approval of Town Board meeting minutes of August 26, 2008,

       Bill Dolan asked that Item b be held for discussion.

Don Rust Motioned to accept consent agenda items a and c.  Nicole Shupp seconded the motion.

Vote passed 5 – 0.

Mr. Dolan questioned the $569, 564 outstanding and what we were doing to collect this money.  There was discussion about the collections and how they were handled.  Michael Sullivan explained that the write offs are an accumulation of 3 months.  The $569,000 is the gross billings for the three months.  

Bill Dolan motioned to accept consent agenda item b.  Dan Sprouse seconded the motion.

Vote passed 5 – 0.

Future Meetings/Workshops: Date, Time and Location

Next meeting scheduled for September 23, 2008 will be held at the Town Annex due to the Fall Festival taking over the Community Center.

Adjournment

    The meeting was adjourned at 10:00 p.m.

Respectfully submitted,



Don Rust
Town Clerk
    


 

 


Backup

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PDF Backup Agenda September 9, 2008 4MB