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