Open Letter #4

OPEN LETTER #4 TO THE COMMUNITY FROM A TOWN BOARD MEMBER

As stated in previous Open Letters, the information below is provided because there are many in the community who have no information, some information, or erroneous information about several issues.  

I will continue to select two or three topics once or twice each month merely to enlighten or inform.  I will also accept topics from you for future “Open Letters.”  Feel free to contact me at twaters@pahrumpnv.org or 775-764-0949. 

As a DISCLAIMER, please understand that I speak ONLY for myself as a Town Board member and will provide accurate information as I see it through my research.  Please check my facts and feel free to provide corrected data if you believe I am in error.  You are also free to ask other Town Board members or members of the community if they agree with me or have a different view point.  All information is reviewed by several entities to ensure there are no NRS violations. 

1. The Documents of Freedom  -
I want to say from the start that I plan to insert several articles about the United States of America, the country I swore an oath to serve.  This is the country of my birth and I love her and I will continue to serve her.  Yes, I served over 32 years on active duty in the Air Force, served as a Senior NCO and as a Senior Officer, and completed prestigious leadership schools such as the Air Command and Staff College, Marine Corps Command and Staff College, and Air War College but still did not know that there were TWO Civil Wars fought here in less than 200 years.  Then I listened to Mr. Phillip Hider and my eyes were opened to the Documents of Freedom.  This is merely Part 1 of some of the history I learned from this dedicated patriot who loves America as much as I do. 

Let me explain what I meant about the TWO Civil Wars.  I learned in school that we fought the Revolutionary War in the 1700’s to gain freedom from Great Britain.  I was taught that the American patriots fought the British soldiers and finally won our freedom.  That is NOT true.  It was British subjects fighting British soldiers and that denotes a Civil War.  Not so Revolutionary after all unless we want to change the title of the “War Between the States” (North and South) to Revolutionary War #2.  I still like the title Revolutionary War because I am stubborn but at least now I can explain the difference. 

I was ignorant about so much of our Documents of Freedom.  Ignorance is gone once you know and accept the education.  It is stupidity to refuse to be educated.  I have read the “Declaration of Independence” many times in my lifetime without ever realizing that I had the title all wrong.  It is really The Unanimous Declaration of the Thirteen United States of America.  When we use the incorrect title of “Declaration of Independence”, so much information about our beginning is bypassed through the use of this incorrect title.  The actual declaring of the separation from the British Monarchy is only a very small part of the unanimous declaration.  It is far more than just word play on the titles.  I am thankful that I am no longer ignorant about this. 

We are extremely fortunate that our Founding Fathers insisted on a written constitution to guarantee the freedom of the people.  How many nations have written constitutions that have lasted over 100 years?  I’ll give you a hint, only ONE and you live here.  Here are other Documents of Freedom that you should study and understand to understand the United States of America.  1) Magna Carta, 2) The Mayflower Compact, 3) The Unanimous Declaration of the Thirteen United States of America, 4) The Constitution, 5) The federalist Papers, 6) The Bill of Rights. 

I’ll end this as Part 1 of the Documents of Freedom with the following questions to see how well we have been taught in our public and private school systems.  Please study them so we can discuss them more when I present Part 2 in my next report. 
               1. What form of government do we have in the United States? 
               2. What is the supreme law of the land? 
               3. How many Articles are in the U.S. Constitution? 
               4. What are the Branches of Government? 
               5. What is the Bill of Rights?
               6. From where are the U.S. citizens rights derived? 
               7. How many rights are enumerated in the Bill of Rights?
               8. How many amendments are there to the U.S. Constitution? 
               9. What is the 1^st amendment? 
               10. What is the 2^nd amendment? 
               11. What is the 3^rd amendment? 

As we go through life, how will you know when your rights are being taken away if you don’t know what they are?  You hear many people loudly state, “I know my Rights!”  But do they?  Do you? 

2. The Pahrump NV Vacation Destination (aka Theme Park) Part 2 -
There continues to be some very good questions coming forward about the Pahrump Vacation Destination.  Also, there are seriously flawed assumptions along with some seriously erroneous information being spread to the public.  I hope I clarified much of that information in my previous Letter #3.  In this letter I plan to be brief on why I (and I hope others) will wait to review the upcoming information before making any decision. 

For people who know me know that I am a Christian and an Ordained Elder in my church who believes in prayer before making decisions.  This in NO way is meant to belittle anyone that chooses to believe differently from me.  As a Military Veteran, I support the right of every citizen to freedom of religion and to believe (or not believe) as they choose.  I merely want to state that I use the Christian Bible as my foundation.  Using The Living Bible and the following scriptures, you or I can respond to any project, question, or dilemma.  Proverbs 18: 13, 15, & 17 which state:
13: - “What a shame --- yes, how stupid --- to decide before knowing the facts.” 
15: - “The intelligent man is always open to new ideas.  In fact, he looks for them.” 
17: - “Any story sounds true until someone tells the other side and sets the record straight.” 

The Vacation Destination should remain a topic of discussion by all of us.  My recommendation to everyone continues to be, “Let’s wait until we receive all the information before making a final decision that could affect all of us. 

3. Open Meeting Law (OML) Violations in Pahrump -
The latest Report on OML violations from the Nevada Attorney General’s (AG) Office is IN.  The report on the SIX violations filed by a Town resident to the AG’s office concludes with this statement, “Based on these facts, we do not believe any correction is required.  The Board has acknowledged its mistakes and has taken steps to ensure no further violations occur.  We are closing our files on these matters.”  The ‘corrective steps’ were in place prior to the OML filings by the resident.  These costly filings could have been avoided by a clear understanding of the OML as was explained to the resident in an OML presentation prior to the filing. 

I mentioned in my Open Letter #3 that each filing costs the Town money (approximately $500 each) to prepare a legal defense for the Town entity.  For that reason we encourage filing if there is a clear OML violation but we discourage frivolous filings because it wastes the assets of the Town.  As stated above, there were recently SIX violations filed by a Town resident to the AG’s office with a finding that “we do not believe any correction is required.”  The cost to the Town to prepare the defense was approximately $3,000.  If they had been upheld by the AG, it would have been a valid submittal and the offenders could have received a monetary fine.  However, since there were no “valid” violations found, it is considered frivolous and a waste of Town funds. 

Between years 2000 and 2011 the AG’s Office reviewed fifteen (15) complaints regarding the Pahrump Town Board.  That is at a cost to the Town of approximately $7,500 with NO valid violations.  Also, of the 15 perceived violations submitted, NONE were valid complaints.  A recent change to the Open Meeting Law states the AG’s Office can now access a monetary fine of $500.00 or more for valid OML violations.  Since there were NO fines assessed for the latest SIX complaints, the AG’s office is concluding that there were no valid violations.  Remember too that the last ten complaints were filed by only two Pahrump residents. 

So, my fellow Pahrumpians, I would hope that all residents that believe there has been an OML violation by a Town Board or Advisory Board member would request an interpretation from the Town Manager prior to submission to the AG’s office.  Some residents already follow this procedure because finding out if it is a valid or frivolous complaint could save the Town’s monetary assets for more important matters. 

Dr. Tom Waters
Pahrump Town Board
twaters@pahrumpnv.org
775-764-0949

Open Letter #3

TO THE COMMUNITY FROM A TOWN BOARD MEMBER

As stated in Letters #1 & 2, the information below is provided because there are many in the community who has no information, some information, or erroneous information about several issues.  I will continue to select two or three topics once or twice each month merely to enlighten or inform.  I will also accept topics from you for future “Open Letters.”  Feel free to contact me at twaters@pahrumpnv.org or 775-764-0949. 

Please understand that I speak ONLY for myself as a Town Board member and will provide accurate information as I see it through my research.  Please check my facts (if you doubt them) and feel free to provide corrected data if you believe I am in error.  You are also free to ask other Town Board members or members of the community if they agree with me or have a different view point. 

As I did in Letter #2, and because I am still an optimistic about Pahrump’s future, I’d like to begin this Letter to the Community with a quote from Helen Keller.  She stated; “No pessimist ever discovered the secret of the stars, or sailed to an unchartered land, or opened a new doorway for the human spirit.”  Let’s open that doorway together. 

1. The Detention Center (CCA Nevada Southern Detention Center) -
In less than a year, CCA Nevada Southern Detention Center has made a substantial and positive impact on the economy and the community of Pahrump, Nevada.  The facility currently sustains a workforce of 234 paid employees, of which an overwhelming majority live in Pahrump.  In fact, 138 employees (58%) were hired directly from Pahrump and 203 (86%) of the current staff reside in Pahrump. 

During 2011, CCA will pay Nevada Southern employees more than $16-million in salaries, approximately $1-million for utilities, and more than $700-thousand in property taxes.  Actually, from January to June 2011, the Detention Center generated more than $6.4-million dollars in employee payroll with much of that going directly back to the community in the form of housing, taxes, utilities, gas, child care, and other services.

As a partner in the community, donations to non-profits and fundraisers continue to grow.  Among the local organizations that have benefited from direct donations of money and time from the Detention Center are: Boys and Girls Club, Town of Pahrump, Great Basin College, Nye County Sheriff’s Office, Miss Pahrump Pageant, VFW Post, Acoustic Grass Music Festival, Police Unity Tour, American Cancer Society Poker Run, and the League of Women Voters. 

Since CCA employees are members of the community, you won’t recognize them as CCA employees unless you know them personally.  That is because they are not permitted to wear their uniforms outside of official work duties or travel to and from the facility.  It should also be noted that 30% of CCA’s workforce are veterans. 

To learn more about the Detention Center, you can visit their website at www.cca.com or www.ccacommunities.com .  You can even contact their Public Information Officer, LeeAnn Archulela, at 775-751-4504-4504. I also invite you to meet with Warden Rushing who is also very proud of CCA’s contribution to the Pahrump community as a good neighbor.  

2. The Pahrump NV Vacation Destination (aka Theme Park) -
There are some very good questions coming forward about the Pahrump Vacation Destination.  Also, there are seriously flawed assumptions along with some seriously erroneous information being spread to the public.  I hope to respond to erroneous and flawed information but want our citizens to continue to question our government on decisions that are made that affect them. 

First and foremost, this is a VACATION DESTINATION and unless you plan to vacation in Pahrump, you would only attend the events that interested you.  However, the hope is that the funds raised by tourist participation would interest you.  These funds coming from the “tourists” that do attend the events would go to help our community.  Secondly, although there are many false assumptions, the room tax money can only be used for tourism, not for buildings, roads, streets, or teachers.  The room tax money was placed there by tourists who visited our town and no Pahrump taxpayers put one penny there unless you rented a room or RV spot in Pahrump. 

The Vacation Destination should be a topic of discussion by residents and a unique vacation experience for visitors to our Town.  Although the “Think Tank” attraction was discussed at length in the proposed Contour Final Report, it is merely one of the several attractions proposed.  Please remember too that this is a first proposal and not the final determination for Adventure Springs.  The iconic observation tower will be tied to the unique spirit of Pahrump.  This Vacation Destination, if approved as is, would host:

1. Adventure Springs Lake – This would include a lake area of about 8.5 acres with walkways, landscape and desert landscape of about 6 acres.
2. Visitor Center Including Reservations Center – Approximately 2,000 square feet (sq ft). 
3. Iconic Tower – Observation tower with café / bar at base, flex rooms for small parties and events.  Approximately 6,300 sq ft over six stories. 
4. Reservation and Reception Center for Think Tank Attraction – Minimum of about 2,500 sq ft with likely expansion with other elements for more casual visitor experiences including simulators, games, and rides to about 4,000 sq ft indoors. 
5. Cinema – Five (5) screen cinema with a total of 590 seats.  Two theaters with 80 seats each, two with 100 seats each and one theater with 130 seats. 
6. Family Entertainment Center – Indoor areas of approximately 33,000 sq ft and outdoor areas in the range of 160,000 sq ft including go-kart tracks and miniature golf for a total of 4 to 5 acres. 
7. Target Golf Shooting Range – The 3-story driving platform, gallery and bar / restaurant is about 5,000 sq ft and the range takes up about an additional 8 acres. 
8. Event Space – Flexible for many types of events.  This area would be prepped and ready to accommodate any type of event, which could range from BMX competitions to Renaissance Festivals. 
9. Retail, Dining and Entertainment District – This could house the Chamber of Commerce or other public offices. 
10. Parking – The initial plan would be about 7 acres for 700 cars and also some parking for buses. 

When you think of the Think Tank experience, think of the Treasure Island experience in Las Vegas.  The tank explosions would be on the same order as the Treasure Island ship cannon fire, all artificial.

Since it takes people to manage and operate the events, this would also include jobs for local residents with salaries that range from low to moderate. 

So, instead of saying that “it won’t work in Pahrump” why not listen to the entire proposal and study the potential.  Mr. Vince Hedges “appears” more knowledgeable than most people I have spoken to.  He continues to keep an “open mind” while still questioning the entire project.  I would hope that we would all follow his example since we all want something that will bring tourist dollars to Pahrump. 

3. Open Meeting Law (OML) Violations in Pahrump -
I had been informed that Open Meeting Law (OML) violations were rampant in the Town of Pahrump.  Since I believe in researching all topics before I state my opinion, I contacted Mr. George Taylor (Nevada Senior Deputy Attorney General in charge of Open Meeting Law violations) for the latest documented information.  While it is true that each filing costs the Town money (approximately $500 each) to prepare a legal defense for the Town entity, we encourage filing if there is a clear OML violation but we discourage frivolous filings because it wastes the assets of the Town.  As an example, there were recently SIX violations filed by a Town resident.  The cost to the Town to prepare the defense is approximate $3,000.  If they are upheld, it was a valid submittal.  If no violation is found, it was frivolous and a waste of Town funds. 

Here is the information I received from Mr. Taylor:

Between years 2000 and 2011 the AG’s Office reviewed fifteen (15) complaints regarding the Pahrump Town Board. 

AG file No. 2000-020, Closed 6/2/2000 - Complaint withdrawn. 

AG file No. 2000-027, Closing Letter, no complaint had been stated 8/31/2000. 

AG file No. 2001-060, no violation was found. 

AG file No. 2003-040, no violation was found. 

AG file No. 2004-060, even though the notes to this case states the Board refused to cooperate with this office.  We issued a warning in AG File No. 2004-060 based on an inconclusive investigation) 

AG file No. 2005-029, – Inconclusive investigation; Warning Letter issued 2/14/2006 / Reopened in 2007. 

AG file No. 2005-029, In 2007 we found a violation and issued a warning. 

AG file No. 2010-003 and 2010-004, – no violation was found. 

AG file No. 2010-032 thru 2010-036, – we found a violation and issued a warning. 

AG file No. 2011-027 and 2011-028, are still pending.  (There are three complaints on each file for a cost of $3,000.) 

According to Mr. Taylor, “Overall, the volume of complaints statewide remains steady, averaging 45 to 60 complaints a year.  I can’t detect a rise in complaints for any individual local government, city or county.” 

So, my fellow Pahrumpians, in my review of the OML information from the AG’s office about the Town of Pahrump for complaints filed between the years 2000 and 2011, I don’t see a trend of rampant submissions of OML violations.  It is definitely NOT wide-spread, especially when the last ten complaints have been filed by the same two Pahrump residents.  Also, of the suspected violations submitted, most were NOT valid complaints and others received a warning letter because they were minor.  A recent change to the Open Meeting Law states the AG’s Office can now access a monetary fine of $500.00 or more for valid OML violations.  We’ll have to wait and see what the six pending investigations yield but my “best guess” is that there were NO violations. 

Dr. Tom Waters
Pahrump Town Board
twaters@pahrumpnv.org
775-764-0949