PROCEEDINGS OF THE BOARD OF SLCMSHCP TRUSTEES,
IN AND FOR THE COUNTY OF LINCOLN, STATE OF NEVADA
June 21, 2010
Paul Mathews, Chair
#1-CALL TO ORDER/ROLL CALL/INVOCATION/PLEDGE OF ALLEGIANCE
Chairwoman Ronda Hornbeck called the meeting to order at 11:08. Clerk Lisa Lloyd called the roll.
Paul Mathews, Chair
Bill Lloyd, Vice Chair
Lisa C. Lloyd, Clerk
There is a quorum present and the agenda was posted on 6-14-10 to comply with the open meeting law.
#2-ORDINANCE FOR COLLECTION PROCEDURES
Ken Dixon presented an ordinance to require collection of habitat mitigation fees for any land disturbance within the boundaries of the Southeastern Lincoln County Conservation Habitat Plan General Improvement District. The Desert Tortoise fee is $550 per acre for any development south of the northernmost point of any critical habitat in the SLCHCP area and $250 per acre for any development north of that point. With the exception of any desert tortoise fee applicable for Union Pacific Railroad Company is $550. per acre. Ronda read the ordinance by title. Paul made a motion to set the public hearing for July 19 at 11:00 a.m.; seconded by Bill. All voted in favor.
#3-IMPLEMENTING AND MONITORING COMMITTEE
Ken presented an update on the first meeting that took place on June 8, 2010. All of the committees had representatives at the meeting. The committee recommended extension of Ken’s contract through the end of December as the Interim Facilitator. When this contract expires, the board may want to hire another contractor on a part-time basis. It is possible that BLT and Sithe Global will be in the midst of their project by that time. Deborah Shaffer, Ronda Hornbeck, and Keith Larson are the three voting members of this committee. Ronda advised that all three of these people voted to approve Ken’s contract in the approximate amount of $10,000. Two contracts were presented, but one was quite a bit higher. Ken commented that the appointment of technical advisor was discussed as well as possible funding of the HCP through other avenues. Fish & Wildlife has resources that might possibly provide interim funding. The LC Land Act states that funding will be available for planning of the HCP. Ronda has requested inclusion of language that will provide for funding for the
implementation of the HCP; Senator Reid is in support of this. The annual work plan was discussed at this meeting and will be discussed in further detail at the July 13 HCP meeting.
#4-INTERIM PLAN FACILITATOR CONTRACT
Tommy stressed that a contract isn’t needed. Tommy believes the facilitator should go to the Planning Department, where it should’ve been in the first place. Any time a permit is sought, it has to go through the Building and Planning Departments. The funding for this contract could be saved for next year’s budget, Tommy said. Ronda advised that the funding for this doesn’t come out of the General Fund. Clint and Cory are working to implement this and their wages would come out of this fund as opposed to the General Fund, Tommy said. The $10,000 could be used to fund Cory and Clint. Paul reminded the Board of the need for an interim facilitator in order to get the plan up and running. Paul feels the learning curve is too steep to transfer to another set of people at this point. It is beneficial to have Ken, who aided with the creation, work on this. Clint Wertz commented that he finds it hard to believe that he and Cory will not be impacted by this. The “rubber hits the road” when someone wants to develop and pull a permit. Clint feels they have been kept out of the loop and he suggested that at some point the Board needs to make sure this is integrated with current County functions. Ronda commented that she is concerned that Clint says he’s been kept out of the loop when all of the HCP meetings were open to the public; neither has attended. Clint has implemented endangered species ordinances and regulations. Clint feels there is disconnect as to how this will function. Clint asked at what point he and Cory will be included. What is the plan for handing this off? Ronda responded that they are working to get this off the ground at this point. When Ronda spoke with Clint he advised her that he didn’t have time to take care of this. Bill agrees with Tommy and commented the money should be used in the Building/Planning Departments to take care of this work. An interlocal, reimbursement agreement would be needed. Ronda commented that it will be a setback from this point until the end of the year. Clint stated that he is concerned about the handoff. Tommy feels that this should be turned over to the B/P Departments right now at the beginning. Ken advised he doesn’t think this should ever be handed off. The facilitator of this will be a full time job and it should be a stand alone department. There will be a tremendous amount of work once things get up and running. Ken doesn’t want to stay on after the interim work is completed; this is the work that must be completed prior to the first of the year. Ronda advised there are meetings with UPRR, BLM, and F&W that require the presence of the facilitator. This is going to be very involved and require a great deal of time. This will be more involvement and will take away from Clint’s office. Clint hopes that a professional with the right degree and credentials will be hired to fill this position when the time comes. The annual work plan will be worked on at the next IMC meeting. Paul suggested that the facilitating committee make recommendations on how we get to the point of issuing permits and what levels the Planning/Building Departments need to be involved in the implementing process. Clint commented that he and Cory need to know how they’ll be impacted down the road and what type of information they will have to consider in the near future. Phyllis Robistow asked who will be responsible for the grants and suggested that a plan needs to be put together to let employees know how this will happen. Tommy made a motion to deny a facilitator contract and to turn this over to the Planning Department; seconded by Bill. Ed asked if this has been fully vetted in the private sector. John Crosthwait said that he hates to see this turned over to Clint or Cory’s office; they’re already buried with work. Vaughn Higbee commented that the HCP is nothing more than a way to extort money from developers and people who are working to do things on the ground. This goes back to the issue with tortoises, which completely wiped out ranching in southern LC and Clark County. Vaughn asked the Board to check on the amount of money in the fund. Vaughn further said a system has been created to override County ordinances. This HCP will take the place of what County ordinances should be doing; this is the Federal Government’s fault as well as the people who have initiated the endangered species act. They are telling LC that unless we do this, nothing will happen. Vaughn is vehemently opposed to the HCP. Ronda responded that she wishes it was that easy. If the County told them all to just go
away, none of the developers would be able to proceed and Caliente wouldn’t be able to do flood control. Vaughn said the Federal Government has overstepped their bounds and we are now being held hostage. Ronda stated there is nothing we can do about it now; there is an HCP in place and the future holds a difficult road. Bill, Tommy, and Ed are in favor. Ronda and Paul are opposed. Motion carries 3-2. This will go back to the monitoring committee.
#5-INTERTECH SERVICES CORP. CONTRACT
Ken asked that this be postponed to the next meeting. No action is taken.
Ronda called for public comment. Phyllis commented that a facilitator is needed so that the County knows where we’ve been and where we’re going. A knowledgeable facilitator is necessary to get the plan in place.
There being no further business for the Board to attend to, Ronda adjourned the meeting at 11:47.