GINA B. GOOD / PVT Pahrump Town Board members Mike Darby and Frank Maurizio confer during Tuesday's meeting. Darby was the only member to vote against the trash ordinance. GINA B. GOOD / PVT Residents line up to speak during Tuesday night's Pahrump Town Board meeting. Advertisement

The people came; they spoke; they did not prevail.

Tuesday night, more than 200 people showed up for the Pahrump Town Board meeting. Most were concerned about the amended Pahrump Town Ordinance No. 43, regarding trash pickup and disposal.

During discussion of the item, the town attorney revealed state law stipulates trash must be hauled to the dump every seven days, not every 21 days as was previously written in the proposed amended ordinance.

In order not to be charged for trash collection by Pahrump Valley Disposal, residents must prove compliance by obtaining receipts at the dump when they self-haul.

There was no discussion by board members after dozens of people stood in line to wait their turn to comment on the ordinance.

The board did not debate the validity of the many misgivings voiced by residents concerning everything from the wording of the amended ordinance to the onerous procedures necessary to comply with the letter of the new law.

Not one member explained the administrative process of presenting the receipts to Pahrump Valley Disposal. Board Chairman Nicole Shupp simply called for the vote and the ordinance was approved 4-1. Mike Darby was the sole member voting against passage of the ordinance.

While a small number of residents seemed stunned about the apparent disregard shown for their opinions, many were fighting mad.

"We give up our time to come to these meetings, too," someone in the audience said loudly.

About 175 attendees immediately left the meeting in protest of the abrupt vote that gave no consideration or credence to the lengthy appeals by residents.

Shouts of "recall" were heard as people stood to leave, even though most had come to voice their opinions on two other ordinances on the agenda.

One stunned woman shouted a question to the board, "You did this to the town?"

Another attendee told board members, "You don't represent us," and someone asked, "Why did we have a meeting?"

During public comment, it was evident residents had studied every line of the 20-page document that audience member Bruce Kelly called a "mini-novel."

Amy Richards appealed to the board, saying, "These are difficult economic times and most people live paycheck to paycheck.

"Seniors have to choose between food and medicine. Mandatory trash pick up is repulsive," said Richards.

Board member Vicky Parker answered by saying, "There is nothing in this ordinance that forces you to pay for trash pickup as long as you remove your trash to the dump."

John Koenig got an enthusiastic round of applause at the public podium when he said, "What it says is not what I am hearing it means. You don't have to pay if you can prove you go to the dump every seven days. Pahrump Valley Disposal can bill you and then a citizen has to prove they hauled."

A woman who lives in Pahrump Valley Estates stated, "I think this ordinance belongs in the trash. Every day I see people dump on BLM land or on land owned by people who own property and don't live here. Who's going to clean that up?"

She added that homeowners in her area don't want garbage trucks ruining their dirt roads and making ruts that hinder residents' access in and out of their property when it rains.

"What about handicapped people?" she continued, describing a woman whose trash she hauls to the dump because the woman is not physically able to haul it herself. "She doesn't generate much trash so I combine hers with mine. Am I supposed to get a receipt for her, too, so she doesn't get charged? If you think I am going to stop taking her trash to the dump, you are wrong. Come and get me; you know where I live."

"This ordinance addresses some issues, but it was proposed to protect the trash company," said Butch Clendenon. "It isn't to protect the public. It's an attempt to do the right things, but there are huge shortfalls in it.

"What really bothers me," he continued, "is it says the county commissioners can impose dumping fees onto the franchisee, and then those fees can be passed on to us."

Jeff Weist voiced what became a familiar theme from attendees.

"Why do we need more laws?" he asked. "We have enough damn laws in this country."

He then went on to pose a question: "What exactly is garbage?

"I've had a Dodge Ram sitting in my yard for five years. I have been thinking of letting my chickens live in it. Now it becomes a chicken coop, so it's no longer trash. If a neighbor comes over to my house and says I have trash in my yard and asks me to get rid of it, I will get rid of it ... as long as it's not my Dodge chicken coop."

Another gentleman at the podium said, "We do have some problems with trash in our county. I live next to Ma and Pa Kettle. My opinion is to form an advisory committee to decide what is garbage. The ordinance isn't detailed enough."

Bruce Kelly took offense at language in the ordinance that spoke of price increases tied into the consumer price index. The more he read, the more complex the language became. The faster he read, the more the audience laughed and clapped. However, Kelly was serious when he told the board, "You cannot do this. It's going to create problems."

A number of those in the audience spoke about recycling and composting, including Robert Riley, a 13-year resident of Pahrump.

"We have never used a garbage service," Riley said. "We recycle and compost, plus we live on a dirt road and don't want big garbage trucks using it. This ordinance shows we are guilty until proven innocent.

Kathy Iverson said, "I am a single, unemployed woman. I don't need another bill. I have very little garbage. My scraps go to my animals. I generate one bag of garbage a week, if that."

Seventeen-year Pahrump resident Larry Sanford said, "I have a pickup truck. We live alone in a 3,000-square-foot house, and my wife composts the garbage for the garden. I go to the dump once every four or five weeks. We keep our trash in the garage where nobody sees it and then we take it to the dump.

"This is not right. We should not be guilty until proven innocent. I've seen places with all kinds of trash in the yard. I've seen old lumber with rats running through it in certain areas. The county laws and existing CC&Rs need to be enforced."

Norma Jean Opatik said, "You keep saying the intent of this ordinance is to clean up areas of the town. The real intent is to ensure the financial viability of Pahrump Valley Disposal."

"What happened to our rights as citizens when we have to prove we don't need a garbage bill?" said Jody Kelly. "What happened to our rights as citizens?"

Bill Richards said, "One of the reasons for getting a receipt from the dump is to prove I did not dump my trash in the desert and to prove that I did not commit a crime."

Judith Holmgren said the wording in the ordinance was taken from other towns. "This wheel doesn't fit the axel. If you are going to put an ordinance into affect, make it specifically for this town. Then you wouldn't need everyone in town to come down here and tell you it's a faulty ordinance."

Realtor Brenda Shrock said the ordinance refers to electricity being turned on in a residence as proof that a home must subscribe to trash collection.

She said when people are selling their homes, even though they aren't living in the house, the electricity has to be on to run the landscape irrigation systems, lights, air conditioning and security systems -- but that property would not generate garbage.

George Casman said he knew in Clark County a resident only needs a receipt from the dump every quarter, and added "You can still have the power on."

"This reminds me of something really petty," said Christina Stern. "Like getting upset with a neighbor who doesn't mow his lawn. Something is wrong with the United States today. Stay out of other people's business and keep to your own side of the street. What's wrong with the ordinance we have? Why are we changing it?"

Dave Stevens contributed his opinion, saying, "Lawyers are writing all this stuff up. No wonder it confuses everybody."

When Town Manager Bill Kohbarger was able to get a word in, he said the town had been sued and the court ordered changes be made to the ordinance governing garbage pickup.

Kelly Withers noted, "Billing first and then making people prove they self-haul is a bunch of BS. I am not going to pay for a service I don't get. You are taking away my right as an American citizen to say who I want or don't want to do business with. You are not going to tell me I have to pay a garbage company when I don't want it."

Karen Letourneau spoke about being a legally handicapped entrepreneur. "After listening to this crap for the last 45 minutes, I am going to start a dump company and you can pay me." She added, "We have ordinances above our eyeballs."

Don Cox commented, "There is a monopoly being built here, and I think you need to put a stop to it."