Open Letter #15

OPEN LETTER #15 TO THE COMMUNITY FROM A TOWN BOARD MEMBER

Here is the Open Letter #15.  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.  All information is reviewed by several entities to ensure there are no NRS violations. 

Thanks to the Voters -  The vote tally is in and the people have spoken.  Congratulations to all those elected (or re-elected) to office and for those not elected (or re-elected) I want to say thanks for the efforts.  Voting is what makes our country great as we choose those to lead us and to make other decisions through referendums and ballot questions. 

I especially want to thank the 49.2% of Pahrump voters that voted to retain the Town Board as your local government. However, the 50.8% speaks for us all and we graciously accept the results. 

Regardless of anything that you read or hear differently from this Open Letter, I want you to have the FACTS, not assumptions, innuendos, or mere guesses. 

So, what does the vote of November 6^th mean and where do we go from here with the Town Board?  Well, NRS 269.022speaks for itself.  It states: “If the board of county commissioners determines that the best interests of the town are no longer served by a town board form of government, it may order the question to be put on the ballot at the next general election.  If the majority of persons voting favor discontinuance of the town board form of government, the town board shall cease to function at the end of the terms of office of the incumbent members of the town board, and the government of the town and all of its assets and liabilities shall revert to the board of county commissioners.” 

That means the Pahrump Town Board will cease to function effective at midnight on December 31, 2014 and the Nye County Commissioners will assume that responsibility on January 1, 2015.  This two-year transition period can make the transition from local government to county government beneficial to employees of all town functions.   It will also aid the commissioners in determining what is needed and what is not.  They must find a way to retain proper management of the Parks, the Cemetery, the Swimming Pool, and the Fire Department or remove them from operation. 

The normal terms of office for Mr. Mike Darby and Ms. Vicky Parker will end on December 31, 2012.  The terms of office for Ms. Amy Riches and Mr. Bill Dolan begin on January 1, 2013 and they should have their oaths of office administered by the Nye County Clerk (Ms. Sam Merlino) sometime in December 2012.  Unfortunately, their 4-year terms of office will be reduced to 2-years because of the vote to “discontinue the Pahrump Town Board” and their terms will now end on December 31, 2014.  This date is also the scheduled end of the 4-year terms of office of Dr. Tom Waters and Mr. Harley Kulkin.  This date will also include the term of whoever is selected to fill the vacant seat of Ms. Carolene Endersby. 

So, the Town Board has two years to convince the voters that they want to do what is best for Pahrump.  
All Town Board members are Pahrumpians and I believe they feel as I do and will continue to do what we believe is in the best interest of Pahrump.  We still want to hear from the public for the two remaining years and, after that, we encourage everyone to work with the Board of County Commissioners as they manage and oversee Pahrump’s town functions and resources. 

The Town Board form of government for the Town of Pahrump began in 1984 and, after 30 years, will cease to exist at the end of 2014. 

Until the end of December 2014, I will continue to write Open Letters to the Community as a member of the Pahrump Town Board in order to respond to questions and concerns of our residents. 

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

Open Letter #14

OPEN LETTER #14 TO THE COMMUNITY FROM A TOWN BOARD MEMBER

Here is the Open Letter #14.  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.  All information is reviewed by several entities to ensure there are no NRS violations. 

The Pahrump Town Board – YOUR Local Government -  I speak with many people in Pahrump and receive even more calls and e-mail messages.  Most believe keeping our Town Board is viable and necessary for local government and others offer suggestions and recommendations as to how we (the Town Board) can become more effective.  I must admit that I had some of the same suggestions and recommendations before I was elected to serve on the Town Board.  I did not understand the impact or the restrictions of the Nevada Open Meeting Laws (OML) NRS 241.  I have received the following suggestions, questions, and recommendations from well-meaning citizens.  

1.  Question: Why doesn’t the Town Board hold a Town Hall type meeting and answer questions of the public and tell us why you vote the way you do?  That way we would understand why you do what you do. 
     Answer: According to NRS 241 - OML, all meetings with a quorum of Town Board members (3 or more) must be agendized with specific agenda items.  If less than a quorum meets (2 or 1) we also violate the OML if we publicize how we would vote except in an agendized Open Meeting. 

2.  Question: Why can’t the Town Board members hold a “closed door” meeting and go over the questionable items so you appear more united when you face the public? 
     Answer: Again, I must refer you to the OML.  Closed door meetings (Closed Sessions) can only be utilized for the following issues: Personnel related issues, Appointment of a person to public office, Attorney-client privilege communications, and Labor issues. 

3.  Question: Why can’t each Town Board member explain their views on all matters which are of concern to the citizens and how they would vote on them in Open Letters to the Community? 
     Answer: Again, I must refer you to the OML.  However, I often explain rationale AFTER a vote has been taken on an issue.  That is acceptable as long as I only give my reasons and not those of other Town Board members.  I will continue to use the Open Letter to explain issues when citizens still require clarification. 

4.  Question: Why can’t you just do what you need to do and say what you need to say to get the job done in public or at other public meetings? 
     Answer: Again, I must refer you to the OML.  Violation of the OML has serious consequences.  This is the reason the Board of County Commissioners, the Pahrump Town Board, and all Advisory Boards always attempt to comply with Nevada law. 

5.  Question: Isn’t there a duplication of government functions (double layer of government) by having a Town Board and the County Commissioners? 
     Answer: Not at all.  This would ignore how the Town Board and County Commissioners have operated since the creation of the Town Board in 1984.  The county code was changed to recognize that the county laws and regulations will apply only if the town has not enacted measures covering the same subject matter.  This means that the county controls only what the town does not.  There is no double layer and no duplication of functions. 

The Open Meeting Law is there for a very valid reason.  Each of us must avoid decisions which are made in “back rooms” or in “closed meetings.”  All decisions related to the “people’s business” must be decided in an open forum, thus, the Open Meeting Law. 

There were some callers who stated that we should disband the Town Board form of government and allow the County Commissioners to function as Pahrump’s local government.  My reply is: The Commissioners are county government and the Town Board is local government.  I then ask this question, “If you are displeased with the State Governor, should we consider relinquishing operation of the state government to the two U.S. Senators or the U.S. Congressional members?”  They all answer “NO.”  The reason for that explanation is the diversity of each job responsibility.  The same explanation applies to our Commissioners.  Even if all five Commissioners lived in Pahrump, their responsibilities must still be devoted to the entire county.  For those who forget, Nye County is the third largest county in the United States and the County Commissioners can’t ignore the rest of the county and show partially or favoritism for the Town of Pahrump.  That is why we need a local government.  If you are displeased with the members of your local government, vote for someone else at the next election.  I would never consider “throwing out the baby with the bath water.” 

I have stated openly that I have never (and will never) belittle or speak negatively about our Board of County Commissioners in their positions as commissioners, and I will not criticize them for doing the jobs to which they were elected just because I may have chosen another option.  However, they were not elected to manage the Town of Pahrump and I would not ask them to assume that responsibility.  I will state again that the Town Board has responsibility for the Parks, the Cemetery, the Swimming Pool, and the Fire Department.  These areas are local functions best reserved for the Town and local government. 

I was also asked if I wanted to retain the Pahrump Town Board to assure my continued position on the Town Board.  Here is the Nevada Law in its entirety.  “NRS 269.022 - Discontinuance of elected town board: Procedure.  If the board of county commissioners determines that the best interests of the town are no longer served by a town board form of government, it may order the question to be put on the ballot at the next general election.  If the majority of persons voting favor discontinuance of the town board form of government, the town board shall cease to function at the end of the terms of office of the incumbent members of the town board, and the government of the town and all of its assets and liabilities shall revert to the board of county commissioners.”  (Italics added for emphasis).  As you can see, your vote in November has NO impact on my term of office.  My term of office, according to NRS 269.022, ends on December 31, 2014.  However, I will continue to ask that you retain control of your Local Government by electing experienced citizens to serve your Local Government as members of your Town Board.  I would hope that you clearly understand the impact if your elected Town Board becomes an Advisory Board under the Board of County Commissioners.  It is up to you to stand up for yourselves and chart the direction which you choose for Pahrump.  If you choose to reduce your Town Board to ONLY an “advisory board”, you will have LOST your option to control or participate in decisions within our community.  We would then be governed by the Nye County Commissioners … NOT by any local Town Board. 

In a unique way, the Pahrump Town Board, Nye County Commissioners, and members of the State Legislature could be compared to the human body.  Each part of the body has a specific function and without each body part the body itself suffers.  If any disease is found, we have the option to 'heal' it.  In "government", however, we have the right and option to vote, and by doing so, we are attempting to "heal" or address the needs of our community.  (Few people shoot themselves inthe foot just because they have a "headache"!)  Let us address our needs through the proper channels without "shooting ourselves in the foot" which would destroy our local government! 

Again, to retain control of your local government beyond December 31, 2014, Remember to vote NO in November when you see the BALLOT QUESTION, “Shall the Pahrump elected town board form of government be discontinued?”  Vote “NO” so you can retain your local government. 

Therefore, I encourage each of you to retain your local government by voting “NO” to the above question. 

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

Open Letter #13

OPEN LETTER #13 TO THE COMMUNITY FROM A TOWN BOARD MEMBER

Here is the Open Letter #13.  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.  All information is reviewed by several entities to ensure there are no NRS violations. 

The Pahrump Town Board Vs. The Nye County Commissioners  
 I thought that would get your attention.  J   

However, if you know me at all, then you know that I have never (and will never) belittle or speak negatively about our Board of County Commissioners in their positions as commissioners.  I will always attempt to clarify some of their actions if I disagree with them but I will not criticize our County Commissioners for doing the jobs they were elected to do just because I may have chosen to do it differently.  I have discussed issues with each of our Commissioners and I appreciate their perspectives.  With that said, I will continue to discuss or provide logical or factual information to our commissioners as long as it is beneficial to the County of Nye, the Town of Pahrump, our community and its progress, and my commitment to you specifically as a Town Board member. 

So, this Open Letter is not to “bash” the Board of Nye County Commissioners (BoCC).  It is merely to speak “openly” to only ONE Commissioner in his position away from the Board of County Commissioners.  I will speak to Dan Schinhofen about some of his statements in his weekly Pahrump Mirror Newspaper column entitled, “Ramblings of a Madman.”  I hope to clarify some of the mis-information or slanted information he has printed in his column about the Pahrump Town Board. Although I read his column, I do not respond because, as the title indicates, it really is the ‘ramblings of a madman’ and should not be taken seriously.  It seems evident that other Town Board members feel the same way since I’ve seen no response to his ‘slanted’ information that he prints as fact.  However, since some of our residents actually believe some of the ramblings, I felt I should attempt to set the record straight.  No, I have no intention of writing a column to offset his column and this will probably be the last Open Letter about anything in his column.  Please remember that he has stated that his column is controversial … a ploy often used by individuals to gain a “following” based on radical or twisted statements which insights prejudices.  And, controversial it is.  However, when he chooses to bash the decisions of the members of the Pahrump Town Board without knowing specific information regarding our research or asking us why we voted a certain way, he unleashes an assumption that he “knows all” and we (the Town Board) do not. 

Dan Schinhofen also mixes fact with fiction to make his points more believable.  His political views are well known and everyone has a right to their political opinions.  I must applaud him for managing to state most of the historical facts correctly from our ‘Founding Fathers.”  Unfortunately, in his column, he has views from A to Z and sometimes he crosses the line into the “twilight zone” where fiction is reality only in his mind.  Let me give you some examples from his August 2, and August 23, 2012 columns.  I will summarize his statements as I understand them since I do not plan to reprint his column. 

Let’s begin with the August 2^nd column.  Dan Schinhofen stated that the Town has made NO progress on the Fairgrounds without mentioning the progress that has been made such as the approval to proceed with the soccer fields.  Again, he insinuates that he knows more than anyone else without checking with the people in charge of the progress.  I would ask that he check with Mr. Bill Kohbarger (the Town Manager) or Mr. Matt Luis (the Town’s Building & Grounds Manager) before stating erroneous information as fact.  Personally, I always check with a Commissioner or Mr. Dave Fanning before I state anything about Blagg Road to ensure I report information accurately. 

Then, he stated that the Town Board raised property taxes two years in a row without explaining the details.  I shall provide you the facts.  The state of Nevada reviews the tax situation state-wide.  Then, the state makes recommendations of the “tax rate” needed to maintain the SAME LEVEL of services.  This tax rate can ONLY be raised if the county, city, or town has not reached their maximum allowable rate.  Since the Town of Pahrump had NOT reached the maximum allowable rate, we had to make a decision to maintain the SAME LEVEL of services or reduce the level of services.  Please remember that the Town of Pahrump has responsibility ONLY for the Parks (including the Fairgrounds), the Cemetery, the Swimming Pool, and the Fire Department.  Yes, we could have kept the same tax rate and closed one or two of the parks or fired some Fire Department personnel; however, we chose instead to provide the SAME LEVEL of services to the citizens of Pahrump by accepting the state-recommended tax rate.  Of course you can ask Dan Schinhofen if the county is already at the maximum allowable tax rate and has nowhere else to go.  As I stated, the Town of Pahrump is NOT at our maximum rate because we chose to accept the state-recommended tax rate and maintain the SAME LEVEL of services. 

Now, let’s look at the August 23^rd column.  Again, Dan Schinhofen displays “selective amnesia” when he stated that “The Town Board could have come to the County Commission and asked for the question (of Incorporation) to be put on the ballot,” when this was actually done in 2011.  According to the Board of County Commissioners (BoCC) Agenda dated January 11, 2011, under Other Business, item number 32a., quoted here for accuracy:

OTHER BUSINESS
32 Town Boards/Town Advisory Boards
a. Action – Discussion, deliberation, and possible decision on placing an Advisory Question on the November 2012 General Election asking the voters of the Town of Pahrump whether they wish the Town of Pahrump to be Incorporated. 

According to Dan Schinhofen during the January 2011 meeting, he stated that the District Attorney told him that the BoCC had NO authority to place Incorporation of the Town of Pahrump on the ballot.  I guess we shouldn’t remind him of that but maybe he should review BoCC agendas and meeting minutes before writing his column. 

The NRS is clear that the BoCC can only place removal of an elected Town Board on the ballot if they “determine” that the Town Board form of government is no longer beneficial to the Town.  He made that determination in July 2012 and pushed to place it on the ballot and then attempted to tie it to an Incorporation effort.  Whether you are ‘for’ or ‘against’ Incorporation for Pahrump, just state the facts and tell the truth.  Then, in his column, he takes a “leap into the twilight zone” by condoning and supporting a poorly written Town Ordinance which violated Nevada State Law where repealing this ordinance had absolutely nothing to do with Incorporation.  It was merely a poorly crafted and poorly written ordinance that violated Nevada Law and should have never been passed. The Town Board had the responsibility and authority to repeal it.  

When or if you read his column, you can readily and easily see that it truly is the “Ramblings of a Madman.” 

Since Commissioner Schinhofen is the person who initially PUSHED for the BoCC to take over the Town’s Local Government, his ramblings in his column is all I will mention.  He clearly insinuates that he could run the local government better when your elected Town Board becomes an Advisory Board under the Board of County Commissioners.  Please remember that the Pahrump Town Board is YOUR local government and you need people on the Board to represent your best interests in an honest and ethical manner.  I will continue to ask that you retain control of your Local Government by electing experienced citizens to serve your Local Government as members of your Town Board.  It is up to you to take a positive stand for yourselves and the direction which you choose for Pahrump. 

Please know that your vote in November has NO impact on my term of office.  My term of office, according to Nevada Law, ends on December 31, 2014.  However, to retain control of your local government beyond that date: Remember to vote NO in November when you see the BALLOT QUESTION, “Shall the Pahrump elected town board form of government be discontinued?”  Vote “NO” so you can retain your local government. 

If you choose to reduce your Town Board to ONLY an “advisory board”, you will have LOST your option to control or participate in decisions within our community.  We would then be governed by the Nye County Commissioners … NOT by your local Town Board.  Therefore, I encourage each of you to retain your local government by voting “NO” to the above question. 

Dr. Tom Waters
Pahrump Town Boardt
775-764-0949
waters@pahrumpnv.org

Open Letter #12

OPEN LETTER #12 TO THE COMMUNITY FROM A TOWN BOARD MEMBER

Here is the Open Letter #12.  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.  All information is reviewed by several entities to ensure there are no NRS violations. 

The Pahrump Town Board Candidates Should Have Untarnished Past Records -
You have a lot to think about as you go to the polls in November.  I ask that you learn about the candidates and vote for the people that you believe will be best in the office they seek.  Of course, my primary interest in this Open Letter is the Pahrump Town Board.  We have FOUR candidates and, regardless of rumors, innuendos, and false accusations, only THREE have an untarnished past record from my research.  One does have a tarnished past record.  That is, if the article in the Pahrump Mirror Newspaper, (August 16, 2012 by Belinda Hendrickson entitled “Maurizio ethics complaint costs town”) is correct and I have no reason to doubt it since I have many of the same documents she uses in her article and they are readily available on the Internet. 

After reading Ms. Hendrickson’s article, one must ask themselves this question.  Is it possible that Mr. Frank Maurizio makes the attacks on others in hopes no one will “look at the skeletons in his closet?”  In addition to all the information in the article, please remember that I stated in one of my previous Open Letters to the Citizens (Open Letter #3-October 2011), that Mr. Frank Maurizio cost the Town of Pahrump approximately $3,000 when he submitted a frivolous Open Meeting Law violation complaint against three Pahrump Town Board members that had no merit according to the Nevada Attorney General’s office.  He writes many Letters to the Editor and sends out many email messages but I can’t remember any message from him about himself or the material contained in the Pahrump Mirror newspaper article.  On his radio program, he criticizes many people with mere innuendos and no officially documented evidence.  Let’s reiterate the documented evidence that he does not want to talk about.  We can start with the Nevada Commission of Ethic’s opinion #09-40C that is easily located on the web at http://ethics.nv.gov/Ncoe%20Website/PANEL%20DETERMINATIONS/2009/2009.10.26%20PD%20Maurizio%2009-40C.TD.pdf. 

Let’s see, according to Ms. Hendrickson’s article, he cost the Town $5,350 for an ethics violation in 2010.  He gave protected attorney-client privileged documents to his attorney who then tried to introduce the documents into evidence with the Nevada Ethics Commission that the Commission refused to accept.  The commission’s findings were that Mr. Maurizio had violated two provisions of the Nevada Revised Statues for which he agreed to pay a fine of $1,000 and attend an ethics training program.  Also, in September 2009, he was fined $2,500 by the Nevada Private Investigators Licensing Board because his website described him as a licensed private investigator when he had no such license. 

We all know that he was appointed to the Pahrump Town Board in 2008 by Nevada Governor James Gibbons to fill a vacancy which amounted to a 2-year term of office.  According to available documents, he falsified his application to the Governor’s Office when he stated in his résumé that he had a B.S. Degree in Elementary Education from the University of Phoenix.  I personally contacted Mr. Maurizio about this information and he confirmed that he made an unintentional error on his résumé.  In essence, he did not have a B.S. Degree from the University of Phoenix at the time of his application.  Since he, and only he, is fully responsible for all information on documents submitted for his application this makes this candidate, according to my dictionary, either incompetent, dishonest, or unethical.  Personally I like Mr. Maurizio and I mean him no “ill will” but we all must face that old adage, “people who live in glass houses shouldn't throw stones.” 

So, of the three remaining candidates, who is qualified to serve on the Pahrump Town Board?  As citizens willing to serve their community, I say ALL THREE are qualified to serve.  However, if you want experience to be a factor, there are only TWO with Town Board experience.  That is Vicky Parker (the current Chairman) and Bill Dolan (former Vice-Chairman).  I speak from experience when I say that service on the Pahrump Town Board brings a “steep learning curve” and I wish I had had the experience of either Vicky Parker or Bill Dolan when I took my seat as a novice in January 2011.  My background as a senior Air Force NCO, senior Air Force officer, a college director of education, and high school (and middle school) administrator does not compensate for the experience needed to be a Town Board member. 

So, I personally recommend for YOUR Town Board the two candidates with experience, VICKY PARKER and BILL DOLAN. 

Please remember that the Pahrump Town Board is YOUR local government and you need people on the Board to represent your best interests in an honest and ethical manner.  I will continue to ask that you retain control of your Local Government by electing experienced citizens to serve as your Local Government as members of your Town Board.  It is up to you to take a positive stand for your local government. 

Lastly, Remember to vote NO when you see the BALLOT QUESTION, “Shall the Pahrump elected town board form of government be discontinued?”  Retain your local government. 

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

Open Letter #11

OPEN LETTER #11 TO THE COMMUNITY FROM A TOWN BOARD MEMBER

Here is the Open Letter #11.  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.  All information is reviewed by several entities to ensure there are no NRS violations. 

The Question – An Elected Town Board or an Appointed Advisory Board -
Between now and November 2012, you will hear a lot on BOTH sides of this argument.  In the end, I believe we will retain the Elected Town Board by a LARGE margin because, even if you disagree with select Town Board members, you don’t throw out the Baby with the Bath Water.  Or, as we would say in this Western Town, “Don’t shoot yourself in the foot.”  If you didn’t have an elected Town Board, ask yourself, “Am I satisfied with everything the Board of County Commissioners is doing for the county?”  If your answer is no, I ask, “Why would you want them to have complete control of your Town’s assets and funding?”  And, if you answered yes, the question remains, “Why would you want them to have complete control of your Town’s assets and funding?  BOTTOM LINE: Retain control of your Local Government by electing your Local Government in the form of your Town Board. 

In 1984, the citizens of Pahrump decided that they wanted their own elected officials handling the affairs of the Town as the Local Government.  In 1984, the population was much smaller than it is today.  Since 1984, the population has increased over 60% and we expect the population of Pahrump to continue to increase.  Remember that the Town of Pahrump has over 37,000 residents and, as a population center, is over 80% of Nye County.  For that basic reason, we (as a Town) have earned the right to have our own elected officials as our Local Government instead of as an Advisory Board appointed by the Board of County Commissioners to serve “at the pleasure” of the county commissioners. 

In an article in the Mirror (August 9, 2012) by Caitlyn May (Laws force advisory board to dissolve) the matter is being handled by the county commissioners.  The article begins with, “The Manhattan Advisory Board is no more ….”  The article concludes with, “Manhattan, operating under an advisory board status, is not responsible for writing its own ordinances or its overall finances.  Those responsibilities, because of the town’s advisory board status, fall to Nye County.  Earlier this year, the commission agreed to place on the general election ballot, a question as to whether or not the Pahrump Town Board should be dissolved.  In the event that the voters decide to do away with the elected town board form of government for Pahrump, the town would revert to an advisory board status, similar to Manhattan.” 

Please know that the Town Board has responsibility ONLY for the Cemetery, the Parks, the Swimming Pool, and the Fire Department.  This also includes Town property.  We also maintain budgetary and financial controls to maintain these areas.  All other areas of the Town are the responsibility of the Board of County Commissioners.  I have worked with each of the Commissioners and will not speak “ill” of any of them.  

I appreciate what they do.  They do what they need to do for the entire county of Nye of which we are proud to be a part.  However, as the titles state, they are County Government, not LOCAL Government. 

Use your Vote to elect people you want on your Town Board and also use that opportunity and KEEP your Town Board as your local form of government.  If you elect a Town Board member and realize it was a mistake, you can always vote them out of office at the next election. 

You will hear from some theorists, naysayers, and complainers that this is all about Incorporation.  You might also hear that the Martians are coming to take over this planet.  If you hear either one, these are merely unfounded theories and created distractions that should remain in the minds of the beholder. 

I stated to the Commissioners that I would like to see this issue of the elected Town Board ON the ballot in November if the petitions receive the required number of signatures.  According to the District Attorney, the petitions (the voice of the people) did NOT have the required number of signatures but the Commissioners used their authority to place the issue on the ballot anyway.  The commissioners have the authority to place the issue on the ballot but they can’t vote for you.  It is now up to you, the citizens of Pahrump, to vote in November.  Since there were not enough petition signatures to place this item on the ballot, what makes any reasonable person think the signatures will “magically” appear to in the form of votes?  We need to show the vocal minority that they do NOT speak for the entire 37,000 plus residents of Pahrump.  Again, I welcome the voice of the people today and will welcome it again in November. 

BOTTOM LINE: Retain control of your Local Government by electing your Local Government as members of your Town Board.  The citizens felt strongly about it in 1984 and, after 28 years, this is NOT the time to revert to a Town in its infancy.  It is now up to you to take a positive stand for your local government. 

Remember to vote NO when you see the BALLOT QUESTION, “Shall the Pahrump elected town board form of government be discontinued?” 

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

OPEN LETTER #10

OPEN LETTER #10 TO THE COMMUNITY FROM A TOWN BOARD MEMBER

Here is the Open Letter #10.  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.  All information is reviewed by several entities to ensure there are no NRS violations. 

1. The Procedures to Create or Repeal a Pahrump Town Ordinance (PTO) -
For those people that keep repeating the worn out "sound-bite" that the Town Board exceeded their authority in repealing the PTO #46 I ask ONLY that they READ the ordinance instead of repeating what they hear.  The Ordinance clearly states that "It shall be unlawful for any person, group of persons, entity, or corporation to file a petition ...”  These same people agree that they have a Constitutional Right to file a petition for whatever reason they please ... and I agree.  So, why would the Town Board have the authority to take that Constitutional Right away in an ordinance?  

In 2005, the then Town Board chose to restrict the rights of any future Town Board.  That is unlawful.  Also, in stating how individual Town citizens could implement (or not implement) a vote for Incorporation, the PTO (as written) also violated Nevada Law which also made the PTO unenforceable.  I was asked why we didn’t allow a judge to determine that it was a BAD ordinance.  Please understand that the State has established procedures to create and/or repeal any PTO and those procedures work and were followed by the Town Board.  There was (and is) no need to ask the Commissioners, a Judge, a Court, or the Governor to do what we have the authority and the obligation to do for the Town of Pahrump. 

Again, just READ the ordinance and anyone can see that it was a BAD ordinance.  This was NOT about Incorporation, it was merely a BAD “poorly written and poorly crafted” ordinance.  I was asked why we (the Town Board) didn’t ‘table it” when the citizens demanded just that.  I say again, postponing the rescinding of a BAD ordinance is not why we were elected.  It was to “take care of the Peoples’ Business” and that is what we did.  

2. The BoCC Vote to Dissolve the Town Board -
I personally spoke to several people who had signed the petition to place this item on the ballot in November.  Everyone that I spoke to of those who signed the petition had complaints about the Town Board that are clearly outside the authority of the Town Board.  First mentioned was that the roads are in bad shape.  Next were the impact fees that "drive businesses away."  I replied that the Commissioners, not the Town Board, were responsible for these items.  The reply was "I was NOT aware of that."  

Please know that the Town Board has responsibility for the Cemetery, the Parks, the Swimming Pool, and the Fire Department.  We have the responsibility and authority to create PTO's (Pahrump Town Ordinances) in those areas.  Whatever we have the responsibility and authority to create, we have same responsibility and authority to repeal.  The courts at all levels continue to uphold that premise.  We are also responsible for the budget to control those four areas of responsibility. 

All citizens have the ability to contact any Town Board member at any time to state your views on any agenda item that comes before the Town Board.  Use your Vote to elect people you want on your Town Board and also use that opportunity and KEEP your Town Board form of government. 

I stated to the Commissioners that I would like to see this issue ON the ballot in November if the petitions receive the required number of signatures.  According to the District Attorney, the petitions (the voice of the people) did NOT have the required number of signatures but the Commissioners used their authority to place the issue on the ballot anyway.  Again, I welcome the voice of the people now and will welcome it again in November. 

We can always fill the chambers to slant the view on any particular item and make it “appear” that the entire populace has that viewpoint.  Unfortunately, many people are afraid to go "to the Town Board or Commissioners meetings" because they are afraid of the threats and bullying tactics that are used.  Some that are present are afraid to speak up for the same reasons.  I wish we, as Pahrumpians, could find a way to discuss issues without the fearful atmosphere created when people choose to use those tactics. 

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

Open Letter #8

OPEN LETTER #8 TO THE COMMUNITY FROM A TOWN BOARD MEMBER

Here is the Open Letter #8.  As stated in previous Open Letters, 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 more 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.  You can also read my Blog at http://tomwatersthoughts.blogspot.com/

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 Pahrump Town Manager and the 2009 Gun Issue -
When I arrived here in 2008 after 10 years in Germany as a school teacher and school administrator for DoDEA, I started to attend Town Board meetings.  I found that I was quite interested in the “workings of the Town government.”  After a few meetings, one of the things I saw on the agenda was the fact that guns (weapons) would not be allowed in Town Buildings.  It was item #12 on the January 27, 2009 Town Board agenda that stated, “Discussion and decision regarding barring firearms on Town owned property, in Town owned buildings, and at Town sponsored events.   Town Manager” 

As a gun owner and an ardent supporter of the 2^nd Amendment to the US Constitution, I was concerned about this issue.  However, I also support the fact that “firearms” are legally barred from hospitals, schools, federal buildings, etc., and I don’t hear many complaints from the public about that.  So, I didn’t have a complaint about this item on the agenda.  However, I saw the “united” resistance from the community and was pleased to see it removed from the agenda without a vote.  That should have ended the discussion but it didn’t. 

When people tell me that they “do not like our Town Manager, Bill Kohbarger” I ask “Why not?”  The response I receive 99% of the time begins with “He tried to take our guns away.”  Most people listen when I tell them that what they heard is NOT the true story and I appreciate the fact that they listen to my explanation.  Also, most people admit that the negative comments they repeat are comments they heard from someone else but never really experienced it themselves.  Please remember too that the Town Manager can NOT vote on any agenda item.  Here is the “rest of the story” as Paul Harvey would say. 

What most people don’t know is that the agenda item in January 2009 was requested and sponsored by a Town Board member, not the Town Manager.  One of the Town Manager’s “unwritten” responsibilities is to “take the heat” for the elected (or appointed) Town Board members and that is exactly what he did.  When the question was asked at the Town Board meeting, “Who placed this item on the agenda?” he stepped up and said, “I did.”  That was an honest answer because the Town Manager places all items on the agenda usually at the request of a Town Board member or a citizen.  When the request comes from a Town Board member (his supervisor) it becomes more of a demand than a request and is placed on the agenda … unless it violates an NRS or federal law.  I want to repeat, ONLY the Town Board members can vote on agenda items, NOT the Town Manager. 

If you personally speak to the Town Manager you will find that he has no problem with guns or the use of guns.  Nor does he blame guns for people using them in an incorrect fashion - murder, shooting sprees, etc…  The Town Manager himself owns six guns (5-hand guns and 1-rifle).  He was taught gun safety by his father, a law enforcement officer and learned how to properly handle guns at a very young age.  Since the age of seven, he would go shooting with his father on a regular basis.  He has in turn taught his young son gun safety and how to properly handle a weapon.  Another fact that is sometime overlooked is that the Town Manager was a Law Enforcement officer in the State of Ohio, for nearly eight years, before becoming a Manager.  During his law enforcement career he participated in 40 hours of training each year as part of his on-going training.  So, stop by his office and get to know him before making a decision about him.  You might just be surprised that you may find him “very likable” and have NO reason to dislike him. 

However, if you don’t like the Town Manager for another factual reason, that is between you and the Town Manager.  And, for those that keep stating that “he tried to take our guns away”, I hope you understand after reading this statement in my Open Letter that that statement is just “NOT THE TRUTH.” 

2. The Town Board Candidates for 2012 -
When I talk about Town Board Candidates, I am NOT speaking to Bill Dolan, Frank Maurizio, Vicky Parker, or Don Rust (in alphabetical order) because they have all been in, or in Vicky Parker’s case, is still in, the HOT seat and understand what it is to have 1/5^th of a vote on any issue before this Public Body.  Some candidates state boldly what they will do as soon as they are elected.  The fact of the matter is your vote is useless unless you can convince at least two other members to vote for the issue you’re interested in moving forward.  If you discuss the issue with two other TB members prior to the Open Meeting, you are violating the Open Meeting Law (OML) and could be fined and/or recommended for removal from office by the State Attorney General. 

Please remember that as a Town Board member, your “goal” is to do whatever you can in the best interest of Pahrump and its citizens.  You learn the “best interest” by listening to the voting public and not merely the “special interest” groups.  There are over 37,000 people in Pahrump so listen to as many as you can. 

As always, be careful of what you wish for because you just might get it.  Yes, as a voting resident of Pahrump I already know who I will support for the Pahrump Town Board but, to all Town Board candidates, I thank you for your support to the Town of Pahrump and I wish you the very best in your efforts. 

3. My Personal Farewell to Ace Hardware -
I was one of the people that really hated to hear that Ace Hardware would close.  I understand the economy (I have a BS Degree in Economics) and I also understand competition.  This is NOT a negative statement about Home Depot and I selfishly wanted to keep them both.  Ace wasn’t the only casualty of the growth of our Town but, as a historic fixture in the community, it was like losing a member of the family. 

I went to Ace as often as I could because I loved visiting a real Hardware Store that had so much more.  I know things cost a little more that the “BIG” store but I felt I wanted to “do my part” for our community.  I also went there for the friendly atmosphere and the extremely knowledgeable Ace employees.  Whether I needed to build something or fix something, I needed expert guidance and I would get it if I went to Ace.  When I needed a “thigamagig” that went on the “gismo” that operated my lights or the water system, I found the parts I needed at Ace … along with the expertise on how to install it.  For a “real” example, I had a serious water leak at my house.   The water company told me that since it was on the “other side” of the meter, it was MY responsibility.  As a novice, I tried an easy “workaround” fix that kept leaking.  Then, I went to Ace for real advice and was told how to make a proper repair.  It was more work than I wanted to put in but was told that, “if you want it done right, this is what you need to do.”  I followed that advice and felt comfortable that all the parts I would need would be available at Ace and they were.  The final repair is still repaired today.  That is only one of the many stories that I hear from neighbors and friends around town.  We all miss Ace Hardware in Pahrump. 

I will close this segment of this Open Letter by saying, “THANKS ACE” (and our neighbors and friends that worked there) for being there when we needed you and we will miss you. 

4. The Political Signs Once Again  -
Did you know that the Political Signs you see all over the landscape are protected by law?  Well, they are.  And, it is that time of the year again when you will see a lot of Political Signs.  They will be there prior to the Primary Elections that begin with Early Voting on May 26, 2012 and end on Primary Election Day, June 12, 2012.  For those candidates that do NOT proceed to the General Election in November 2012, they have 30 days after the Primary Elections to remove their signs.  Those that are successful and proceed to the General Election in November may leave their signs up until 30 days after the General Election.  (From my experience, I would recommend to those that are successful in the Primary to take the signs down anyway because the summer heat will also take its toll on the signs that are left up).  Just remember that it is the sign owner’s decision to leave them up or take them down, NOT YOUR decision so, “leave the signs alone.” 

We, as Americans, have a powerful constitutionally protected tool called the VOTE.  There is no need to destroy a sign merely because you don’t agree with a person running for an office.  Merely vote for the candidate of your choice.  Also, please know that destruction of a Political Sign is a violation of Nevada Law and could be costly in addition to having a negative impact on your future. 

The Nevada Law Statute we have is under malicious mischief-injury to property.  NRS 206.310.  Punishment is based on the value of the property as set out in NRS 193.155.  Less than $25 is a fine of not more than $500, while $25-$249 is a misdemeanor, and $250-$4,999 is a gross misdemeanor but above $5000 is a felony.  If there were multiple instances the District Attorney would try to aggregate them to determine the value and, hence, the punishment. 

Remember to use your VOTE and leave the signs alone. 

Lastly, please know that it is unlawful to place political signs on state, county, or town property or on private property without written permission of the owner. 

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

Open Letter #7

OPEN LETTER #7 TO THE COMMUNITY FROM A TOWN BOARD MEMBER

Here is the Open Letter #7.  As stated in previous Open Letters, 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 more 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.  You can also read my Blog at http://tomwatersthoughts.blogspot.com/

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 View of Pahrump from a Citizen’s Perspective -  

My Personal Overview of Pahrump, NV, in the Past Ten Years by Jackie Wondra. 

What's really going on in Pahrump, Nevada, as the township goes through growing spurts?  Are neighbors helping neighbors?  Are the citizens working together for the "better cause" of the community?  Are we part of the problem or part of the solution?  What can we do as Pahrumpians residing in Nye County to put a positive spin on our Pahrump Community? 

My husband and I decided to "bloom where we were planted" when we retired in 2000.  Our first day in Pahrump, NV, was July 17, 2000, and it was 117 degrees outside when we got out of our truck.  The positive side of that experience was there are fans, mister misties, shade, and air-conditioners.  We learned to adapt to the times and the places. 

Together we began to offer our volunteer services at the Oasis Outreach & Worship Center on Second Street in Pahrump.  They had a Food Ministry available to the community.  My husband became the treasurer and I became the clerk/secretary.  Shortly after our involvement with the Food Ministry, we became involved with the Nye Community Coalition.  We offered our building for the newly formed Community Outreach Committee in November, 2008, to meet the second Wednesday of each month.  From that committee, three sub-committees were formed--Homeless Committee (now known as economically disadvantaged), Working Poor Committee, and the System Change Committee (which formed a Transportation Committee).  More volunteers came on-board to provide services to the Pahrump Community. 

The Community Outreach Meetings involve the Community Chest Facilitator, Shaun Griffith who comes to us from Virginia City, NV.  There are representation, donations, and contributions from Joy Divine Interfaith Ministry, Hope Fellowship Church, Pahrump Valley United Methodist Church, Nevada Outreach, No To Abuse, Faith Fellowship church, Salvation Army, Central Valley Baptist, Staff from the Nye Community Coalition, St. Martin's Church, Pahrump Hospice, Helping Hands for Jesus, Pahrump SDA Church, Homeless Liaison Representation, Toys for Tots, Pahrump Town Board representatives, Nye County Commissioners, Ameri-Corp, Director of Welfare Department, Heritage Church, School Counselors, Stepping Stones Counseling, Cup of Faith Books and Gifts, PRIP INC, Kiwanis, Aktion Club, Job Connection, Pahrump Food for Thought, SHIP (State Health Insurance Assistance Program), Great Basin College, Oasis Outreach, Hope Counseling Services, Sheriff's Auxiliary, Probation Representation, Southern Nevada Federal Detention Center, KNYE Radio, Channel 30, Channel 45, Tomasinos, Irene's, Terrible’s Lakeside, Wulfy’s, and many new businesses I have yet to learn about. 

My personal overview of the township of Pahrump, Nevada, is it is a personable community where people and businesses help each other.  Some are on the giving end and some are on the receiving end. 

We have seven food banks providing services for the community.  The Nye County Coalition has printed a directory for connections for anyone needing assistance when an emergency arises.  We have working committees continuing to find ways to meet the needs of the community.  The infrastructure of the community improves as funds are committed.  Many organizations are now offering LUNCH AND LEARN WORKSHOPS, with no fees, so a variety of skills can be learned.  The faith-based organizations pool their resources as emergencies arise. 

Presently, the Holiday Task Force has organized a Free Spring Community Picnic on April 7th at Petrack Park with numerous fun activities for the entire family.  Plans will continue for future Community Thanksgiving and Christmas Dinners. 

The Pahrump Community offers numerous support groups for families and individuals needing help--AA, NA, EA, Hospice, etc.  Our local newspapers list the many support groups available.  There are creative arts groups and hobby groups a person can belong to.  Volunteers are always needed in the schools and at the local library. 

I am looking forward to the day when Pahrump has a shuttle van or mini-bus service available on Highway 160, Highway 372, and the main cross streets.  Getting around in Pahrump without a car has its challenges.  My husband and I had to part with our second vehicle.  However, bicycles work; walking works; car pooling works; sharing rides works; and there is always the local taxi.  Owning and running a personal car has become a real challenge with the price of gas.  I am for trying another way to get around the community, so having a bus ticket would help. 

All in all, my overview of Pahrump is a positive one.  We continue to strive to volunteer to solve the problems and not be the contributors to the problems.  We continue to feel the growing pains of our community; but it is a great community and worth taking care of. 

Jackie Wondra

Retired School Teacher / Oasis Outreach Clerk / Holiday Task Force Chairperson

Secretary to Homeless Committee / Member of Nye Community Coalition

2. Detention Center Information - CCA – 2012 Top Military Friendly Employer - 

CCA has been named a 2012 Top Military-Friendly Employer” by G.I. Jobs magazine.  This is CCA’s fifth time on the list of the “Top 100 Military-Friendly Employers” in America, and this year it took the 88^th place. 

With about 10 percent of CCA’s 17,000 employees having served in the U.S. Armed Forces, CCA values its service members and the contributions they bring to the company.  CCA earned the additional honor as a “consistent performer” for being ranked on the list for at least three years. 

G.I. Jobs magazine is the leading resource for service members transitioning from military to civilian life, including a new, satisfying career path.  G.I. Jobs evaluates companies according to several factors: assets dedicated to hiring military, such as job fairs, special campaigns and other efforts; Reserve/Guard policies, percentage of new veterans hired, and internal recruitment, training and promotional programs for veterans, in addition to community outreach. 

As a partner in the Pahrump 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: Pahrump Valley Youth Activities (Formerly the 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. 

Also, they donate to Nathan Adelson Hospice, they help out with the “Trick or Treat Safe Night” that was held at the Nugget, and they helped with the Annual Easter Egg hunt by donating money, volunteers, and prizes.  They have partnered with the local fire department and auxiliary department as they participated in the “shop with a cop” that is sponsored by Wal-Mart.  They are truly partners in the Pahrump Community. 

For more information, contact the PAO (LeeAnn Archuleta) at 775-751-4504 or the Assistant PAO (Adam Gildner) at 775-751-4578.  You might also want to meet and get to know the new Warden (Charlotte Collins) and Assistant Warden (Fernando Rodriguez) at 775-751-4506.  They are new to our community but have already become supportive neighbors. 

3. Incorporation – To Incorporate or NOT to Incorporate –

After many conversations about the topic of Incorporation of the Town of Pahrump with so many of you, I decided to consolidate my response so you can read it over, think about it, and share it with your friends and acquaintances.  I hope you will read this message whether you are “for” or “against” Incorporation.  It does not matter because, as I listen to all of you, everyone has an opinion. 

Actually, this is NOT about whether or not we should Incorporate or remain Un-Incorporated, it is about the oath I took to “Support and Defend the Constitution of the United States of America against all enemies, foreign and domestic.” 

Please look at and READ the 15^th, 19^th, and the 26^th Amendments to the U.S. Constitution.  They all state the Right to Vote by United States citizens. 

I continually hear from well meaning Pahrump citizens that “WE already voted THREE times against Incorporation” or “This horse has been beaten so many times and We don’t want to vote again” or “WE are against Incorporation and WE don’t want it on the ballot.”  I have to “assume” from those comments that the We are the 52% of the people who were here during the year 2000, when the last Incorporation vote was taken and our population was 24,631.  Since that vote, our Town population has increased by 48 % (11,810) to our current population of 36,441 according to the latest census. 

I MUST ask the following question: Are those “well meaning” citizens stating that we should ignore the Constitution and deny those 48% of citizens that arrived here in the last 12 years the RIGHT to vote?  We have MANY veterans here that fought for the rights we have and yet we have citizens here that continue to shout with a loud voice that 48% of the current citizens have NO right to vote.  Let me quote from the Constitution:

15^th Amendment – SECTION 1.

The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of race, color, or previous condition of servitude. 

19^th Amendment –
The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex. 

26^th Amendment – SECTION 1.
The right of citizens of the United States, who are 18 years of age or older, to vote, shall not be denied or abridged by the United States or any state on account of age. 

The Pahrump Incorporation Advisory Board left us the groundwork to make a decision about Incorporation and, since you elected us, we must accomplish the work you elected us to do.  I continue to say at all forums that many Pahrump citizens did not have a chance to vote “yea” or “nay” for Incorporation.  If you were here for the 2000 vote and voted “yea” or “nay” for Incorporation and have or have not changed your opinion, that is okay.  However, I believe everyone is entitled to a “voice” and we should not limit the “voice” only to those residents who were here prior to the year 2000. 

Be willing to “stand-up” for what you believe but don’t deny your fellow citizens the RIGHT to vote “yea” or “nay” as you did in 2000.  Your Town Board will support you “pro” or “con” and, as much as we appreciate the phone calls, e-mails, and conversations stating your position, this is your opportunity to “step up to the plate” and involve the entire community. 

Again, this is NOT about whether or not we should Incorporate or remain Un-Incorporated, it is about allowing all citizens the RIGHT to vote to determine the future for Pahrump. 

4. The Documents of Freedom  - 

I have ceased writing about the Documents of Freedom since so many others have “taken up the torch” to educate all of us on those important documents.  For those who read my previous “Open Letters” you understand just how important the Documents of Freedom really are to our country and to me.  

That TORCH is under the title of “Founding Fathers” and I just read installment number 15 entitled “What is an American?”  by Pat Kerby.  Again, I offer thanks to Phillip Hider that my eyes were opened to the Documents of Freedom.  The other articles I have read under “Founding Defenders” were written by Phil Hider, Brian Shoemake, Pat Kerby, and Mr. Bill Carns.  It is my hope that all of you are reading their articles as well.  Please continue to share this information with family, friends, and especially our younger generation.  Help them understand the importance of these documents and how these documents helped to create and sustain the best country on earth. 

Please remember that ignorance is gone once our younger generation know and accept the education that is provided.  I wish for each of you the knowledge and education you desire.  Know that it is sheer stupidity to refuse to be educated and we are not a stupid people.  The Documents of Freedom are the educational tools we need to know our Rights and Freedoms.  As I continue to state, you hear many people loudly state, “I know my Rights!”  But do they?  Do you? 

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