Open Letter #5

LETTER TO THE EDITOR – OPEN LETTER #5 TO THE COMMUNITY FROM A TOWN BOARD MEMBER

We’ll begin the New Year 2012 with Open Letter #5.  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 Request for Proposal (RFP) Training Module for Local Businesses -
Most of us agree that if the Town of Pahrump has a contract to offer through the RFP process, a “local” business should be selected as long as they are competitive and qualified.  To ensure that local businesses (bidders) are competitive, I wanted to offer an RFP training program to our Local Businesses that were interested.  I quickly learned that if the Town provided the training and then selected a Local Business that had attended the training, it would be a “Conflict of Interest” situation.  By placing the training module here for all to use, there is no conflict of interest.  So, please use this the next time you (as a business) prepare a response to an RFP request.  You should also be familiar with all applicable Nevada Revised Statues (NRS)

Request for Proposals (RFP) are a structured process by which a local government prepare bid documents to acquire equipment or professional services.  RFPs are issued at the early stage in a procurement process, where an invitation is presented for suppliers, often through a bidding process, to submit a proposal on a specific service.  These RFPs are published in the legal documents section of pertinent newspapers (that has a general circulation within the county wherein the local government) and/or in trade journals covering the industry in which the bidder operates. The RFP can also be distributed to a list of qualified potential bidders that have already been contacted and prequalified as eligible by the local government.

RFPs are primarily associated with government agencies, since their responsibility to get equipment and consulting talent under the most beneficial circumstances possible is closely monitored by the press and tax watchdogs not to mention mandated by NRS: Chapter 332 – Purchasing: Local Governments.

"Qualified" is a key word in answering or preparing any RFP.  A qualification frequently depends on follow-up investigation on the part of the hopeful bidder, and careful wording of the original RFP.  If bidders have questions, they should definitely call the local government representative and ask.

The RFP may dictate, to varying degrees, the exact structure and format of the supplier's response.  Effective RFPs typically reflect the strategy and short/long-term business objectives, providing detailed insight upon which suppliers will be able to offer a matching perspective.

In principle, an RFP: 

• informs suppliers that an organization is looking to procure and encourages them to make their best effort. 
• requires the company to specify what it proposes to purchase.  If the requirements analysis has been prepared properly, it can be incorporated quite easily into the Request document. 
• alerts suppliers that the selection process is competitive. 
• allows for wide distribution and response. 
• ensures that suppliers respond factually to the identified requirements. 
• is generally expected to follow a structured evaluation and selection procedure, so that an organization can demonstrate impartiality - a crucial factor in public sector procurements. 

Here are two “links” to websites that will guide anyone through writing an effective response to an RFP request.  Follow them carefully.  http://www.ehow.com/how_8453891_write-effective-response-rfp.html  and http://www.answers.com/search?q=rfp.

Remember too that bids selected are from the “lowest responsive and responsible bidder.” (NRS 322.065) Selection may also be made by (or impacted by) the Bidder’s “Responsibility” where experience is one of six crucial elements. (NRS 322-085)

The following two NRS’ are very important to know when submitting a bid.

NRS 332.065 Award of contract for which bids have been advertised or requested: Lowest responsive and responsible bidder; preference given to recycled products; reawarding contract.

1.      When a governing body or its authorized representative has advertised for or requested bids in letting a contract, the governing body or its authorized representative must, except as otherwise provided in subsection 2, award the contract to the lowest responsive and responsible bidder. The lowest responsive and responsible bidder may be judged on the basis of:

(a)    Price;

(b)   Conformance to specifications;

(c)    Qualifications;

(d)   Past performance;

(e)    Performance or delivery date;

(f)    Quality and utility of services, supplies, materials or equipment offered and the adaptability of those services, supplies, materials or equipment to the required purpose of the contract;

(g)   The best interests of the public; and

(h)   Such other criteria as may be set forth by the governing body or its authorized representative in the advertisement or request for bids, as applicable, which pertains to the contract.

 NRS 332.085 Determination of bidder’s responsibility.  In determining the responsibility of any bidder, the governing body or its authorized representative:

1.      Shall consider the possession of and limit on any required license of the bidder; and

2.      May consider the:

(a)    Financial responsibility of the bidder;

(b)   Experience of the bidder;

(c)    Adequacy of the equipment of the bidder;

(d)   Past performance of the bidder;

(e)    Performance or delivery date; and

(f)    Ability of the bidder to perform the contract. 

(Added to NRS by 1975, 1537; A 1983, 914; 2001, 1316; 2003, 619)

It is my hope that all local businesses will use this information to ensure they are ready to be competitive in the RFP bidding process.  I will continue to say, “Remove the emotion and put your best foot forward.”

2. The Documents of Freedom  -
For those who read my last “Open Letter” just how important the Documents of Freedom really are.  Although I read a lot and felt I understood our government, it wasn’t until I listened to Mr. Phillip Hider that my eyes were opened to the Documents of Freedom.  This is Part 2 of some of the history I learned from this dedicated patriot who loves America as much as I do.  It is my hope that his lectures on the Documents of Freedom will be requested by our educators at all levels and taught to our students.  Even with my doctorate of education degree and my time as a teacher and school administrator, I was ignorant on what our “Founding Fathers” meant by their words in the Documents of Freedom.  I am no longer ignorant and that is my goal for each of you.  Ignorance is gone once you know and accept the education provided.  It is sheer stupidity to refuse to be educated. 

In my last Open Letter I spoke of the TWO Civil Wars fought in this country.  If you missed it, please go back and read my previous letter.  I also left some test questions and I hope you were able to answer them all with no problems.  I will repeat the questions in this Open Letter and also provide the answers.  Let’s see how many “A” students we have in Pahrump. 

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?  This is also a question I asked in my last Open Letter.  I’m sure you know the answer now because there is only ONE and you live here.  Here are other Documents of Freedom that you should study and understand to better 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 2 of the Documents of Freedom with the following questions with the answers provided to see how well we have been taught in our public and private school systems.  Please study them so you can discuss them with students or adults that need to know more about the United States of America.   

            1. What form of government do we have in the United States?  CONSTITUTIONAL REPUBLIC.  

            2. What is the supreme law of the land?  THE U.S. CONSTITUTION.  

            3. How many Articles are in the U.S. Constitution?  SEVEN (7).  

            4. What are the Branches of Government?  THE EXECUTIVE BRANCH (The President) / THE LEGISLATIVE BRANCH (The Congress which includes the Senate and the House of Representatives.)  / THE JUDICIAL BRANCH (The U.S. Supreme Court)  

            5. What is the Bill of Rights?  THE FIRST TEN AMENDMENTS TO THE CONSTITUTION.  

            6. From where are the U.S. citizens rights derived?  FROM OUR CREATOR.  

            7. How many rights are enumerated in the Bill of Rights?  GO AHEAD AND COUNT THEM.  THERE ARE A NOMINAL TWO DOZEN DEPENDING OUR HOW YOU READ THE TEXT OF THE BILL OF RIGHTS.  REMEMBER THAT OUR RIGHTS COME FROM OUR CREATOR.  

            8. How many amendments are there to the U.S. Constitution?  TWENTY SEVEN (27).  

            9. What is the 1^st amendment?  ENSURES THE FIVE BASIC FREEDOMS: FREDOM OF RELIGION, FREEDOM OF SPEECH, FREEDOM OF THE PRESS, FREEDOM TO ASSEMBLE, AND FREEDOM TO PETITION THE GOVERNMENT TO REMEDY GRIEVANCES.  

            10. What is the 2^nd amendment?  PROTECTS THE RIGHT TO BEAR ARMS.  

            11. What is the 3^rd amendment?  ENSURES PRIVATE CITIZENS THAT THEY CANNOT BE FORCED TO HOUSE SOLDIERS DURING PEACETIME. 

Please go ahead and study the other seven Amendments.  They were put in place because these were situations imposed upon them by the British Government and they wanted to ensure that this “New Government” was a government OF the people. 

I will present more of what I learned from Mr. Phillip Hider in my Open Letter #6.  Please remember that as we go through life we need to ask ourselves this question, “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? 

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

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

Open Letter #1 to Community

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 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. 

1. Water Rights -
Please look at the chart below.  It shows that the Town did indeed utilize the funds provided by the County to purchase water rights.  It is also shows that the water rights purchased were transferred to Kellogg Park (Point of Diversion) in order for the Town to show “beneficial use” of the water rights purchased.  As everyone should know there is no well on the Fairgrounds property, therefore we cannot place the water rights on that piece of property.  That is where the “use them or lose them” rule comes into play also known as “beneficial use” and that is why the Town’s “water guy” had the purchased water rights transferred to Kellogg Park property.  The Town owns two wells at the Kellogg property and the Town can show “beneficial use”.  Therefore, the Town and/or Town Manager did not lose the $1.1 million given to the Town by the County.  The funds were correctly spent, the chart was provided to the BOCC, and all is well in the Town of Pahrump.  Refer questions to anyone on the Town Board or the Town Manager. 

	Application	Owner per DWR Records	Place of Use	Date	Shares Acquired	Payment	Legal & Engineer Costs	Total Cost
1	75281	PAHRUMP	KELLOGG PARK	02/05/07	5.00	$ 65,777	$16,886	$ 82,663
2	76355	PAHRUMP	KELLOGG PARK	04/07/08	8.00	$104,000	$ 4,305	$108,305
3	76588	PAHRUMP	KELLOGG PARK	11/19/07	33.50	$446,555	$11,514	$458,069
4	76649	PAHRUMP	KELLOGG PARK	12/24/07	41.50	$518,750	$13,492	$532,242
5	77078	PAHRUMP	KELLOGG PARK	11/24/08	2.00	$ 30,000	$ 3,075	$ 33,075
6	78096	PAHRUMP	KELLOGG PARK	12/09/09	3.00	$ 26,100	$ 3,574	$ 29,674
7	78097	PAHRUMP	KELLOGG PARK	12/09/09	7.88	$ 68,556	$ 3,574	$ 72,130
8	77659	PAHRUMP	KELLOGG PARK	05/18/09	2.00	$ 24,000	$ 4,669	$ 28,669
9	80153	PAHRUMP	KELLOGG PARK	09/24/07	2.00	$ 24,000	$ 1,554	$ 25,554
					104.88	$1,307,738	$62,642	$1,370,380

2.  Fire Department Volunteers -
It is not a myth that the Town’s Fire Department utilizes volunteers.  Pahrump Valley Fire Rescue Service (PVFRS) is a combination department consisting of career and volunteer members.  There are approximately 25 volunteers who provide an array of services to our community with absolutely no financial reimbursement.  The volunteers program consists of Firefighters, Paramedics, Nurses, EMTs, and administrative support staff.  Almost daily, qualified volunteers are on duty in our main fire station to respond to emergency incidents aside their career counterparts.  This approach helps us deliver high level quality service in a timely manner.  Volunteers can also be summoned to large emergency incidents through an established recall process.  This helps ensure appropriate personnel on scene and the flexibility to respond to additional calls for service.  Clearly, the volunteer spirit is alive and well at Pahrump Valley Fire Rescue.  Anyone interested in volunteering should visit the PVFRS Monday-Friday at 300 N. Hwy 160 or by telephone at 751-5658. 

3. Town Parks -
Lately, there have been comments made about the Town wasting money/funds on park signage and the development of parks.  

One of the comments indicated the Town spent money on signs that could have been done with paint and wood.  Another comment indicated the Town spent yet more money on building a park that didn’t need to be built.  Further comments were, “Put the funds in the bank for a rainy day”; “give the funds to the food pantries”; “give the funds to the Boys & Girls Club”; or “build a Homeless Shelter with the funds.” 

Well let’s talk and please allow me to explain the facts and laws pertaining to the Park Impact Fees.  

Fact #1 – The Town has Park Impact Fees which were obtained through development agreements with developers who build businesses and/or homes inside the Town of Pahrump. 

Fact #2 – The Town has only two (2) options when it comes to Park Impact Fees. 

Option 1: Spend the funds on Parks (designing, building, purchasing equipment for the Parks i.e., playground equipment, signs, gazebos, grass, backstops, water system, etc…), or

Option 2: Let the funds sit, do not spend/utilize the funds and then by Law NRS 278B.260 the Town must refund the Impact Fees back to the developers. 

As a member of the Town Board, I do not support the Town Manager returning funds to developers that have already made their profits and had an obligation to either build parks themselves or give the Town the funds to build the Parks.  An agreement was made regarding these funds that was mutually beneficial to the County/Town and the developer.   That arrangement between the County/Town and the developers granted permission to the developers to build thousands of homes in our community.  These Parks are a contribution from developers to assist the community in taking care of those prospective citizens who will be purchasing those homes and/or visiting those businesses.  This is the process known as building a community and/or community development. 

The two options outlined above are the only options allowable by law when dealing with park impact fees.  Nothing more/nothing less!  Spend the funds on PARKS or give the funds back to the developers. 

The Town currently built a new Park (Simkins), renovating two Parks (Petrack and Blosser Road) and spruced up yet another (Ian Deutch Memorial) with these Impact Fees.  Why you ask?  Because Parks make the Town look better plus it gives citizens a place to go to picnic, practice or play sports, exercise, or just enjoy the family.  And in these trying times, I can’t think of a better way to spend the Town’s money than to build, renovate or spruce up our Parks.  We need places like Parks to go to and enjoy our families and interact with others to forget about the troubles we are going through even if it is only for an hour or two or three.  I am confident that if you, as a citizen of Pahrump, go to the Park to watch our children play baseball or soccer or just have fun, it would bring a gigantic smile to your face.  As Butch Harper projects throughout our community, we do this to create “Smiles Across Pahrump” for our children and our adult citizens as well.  

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