ATTORNEYS AT LAW RENO OFFICE
MARK E. AMODEI xxxx@kkbrf.com 775.824.3003
KUMMER KAEMPFER BONNER RENSHAW & FERRARIO
LAS VEGAS OFFICE
3800 Howard Hughes Parkway
Seventh Floor
Las Vegas. NV 89169.
Tel: 702.792.7000
Fax: 702.796.7181
SUMMERLIN OFFICE
3426 Cliff Shadows Parkway
Suite 160
Las Vegas, NV 89129
Tel: 702.693.4200
Fax: 702.939.8457
RENO OFFICE 5585 Kietzke Lane Reno, NV
89511 Tel: 775.852.3900 Fax: 775.852.3982
CARSON CITY OFFICE 510 W. Fourth Street
Carson City, NV 89703 Tel: 776.882.1311 Fax: 775.882.0267
July 13, 2007
Mark H. Gunderson, Esq. 5345 Kietzke Lane, Suite 200 Reno, NV 89511
Re: Cordevista
Dear Mark:
Thanks for the update on the protocols you have advised Storey County Staff and appointed and elected officials to follow on the remainder of the consideration process for the Cordevista project.
From the perspective of one who has participated in development matters in Storey County, starting with contract representation of the County, similar to your present position, during the approval and development agreement process for the Tahoe-Reno Industrial Center, and continuing through several zone change and master plan amendment submittals with the most recent being the Painted Rock Project, I am at a bit of a loss for a rational basis for what has been a wholesale departure in procedure for the Cordevista Project.
You see Mark, I have never, in. any Nevada jurisdiction, much less in Storey County, experienced a requirement that counsel be present for all discussions between staff and an applicant. Additionally, I can tell you that I have never been or had a client be told by staff in Storey County that they are not to discuss, meet with or assist an applicant in the application process unless they want to jeopardize their employment.
I did not, in the course of the Painted Rock or other planning matters experience a situation where the attributed source of these anomalies was a Commissioner who, according to the Recorder's Office documents owned a beneficial interest in a competing project at the time this air of hostility was being promulgated within the staff and the community. It is all the more interesting when one recalls the relative lack of community concern over growth during the recent Painted Rock approval process.
What is clear is that the Cordevista application
has been and continues to be treated in a manner that is significantly
different than the historical and recent practices in the County. I have
enclosed for your review, my first correspondence with Storey County on
this subject. To
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date, that correspondence remains unanswered. What is particularly disturbing about this circumstance is the fact that the apparent source of this "special" scrutiny is a Commissioner who has significant and as yet undisclosed ties to a potentially competing project in the same market area.
As I'm sure you can appreciate, it is important that the record at the Planning Commission level be complete in terms of the facts and circumstances relevant to the evaluation of the subject application. It is my hope that any additional disclosures you deem prudent and/or appropriate for purposes of clarifying the circumstances outlined above will be set forth on the record on July 19, or in written correspondence prior to that date.
Thank you for your assistance and consideration.
Cordially,
KUMMER KAEMPFER BONNER RENSHAW & FERRARIO
Mark E. Amodei
MEA/la
Enclosure
Cc:. Doug Walling, Chairman, Storey County Planning Commission
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ATTORNEYS AT LAW
RENO OFFICE
MARK E. AMODEI xxxx@kkbrf.com 776.824.3003
KUMMER KAEMPFER BONNER RENSHAW & FERRARIO
LAS VEGAS OFFICE
3800 Howard Hughes Parkway
Seventh Floor
Las Vegas,NV 89169
Tel: 702.792.7000
Fax: 702.796.7181
SUMMERLIN OFFICE
3425 Cliff Shadows Parkway
Suite 150
Las Vegas. NV 89129
Tel: 702.693.4260
Fax: 702.939.8457
RENO OFFICE 5685 Kietzke Lane
Reno, NV 89511 Tel: 775.852.3900
Fax: 775.852.3982
CARSON CITY OFFICE 510 W. Fourth Street
Carson City, NV 89703 Tel: 775.882.1311
Fax: 775.882.0257
September 21, 2006
Pat Whitten, Director Administration and
Budgets
STOREY COUNTY
P.O. Box 176
Virginia City, NV 89440
Re: Storey County/Blake Smith
Dear Pat:
As you know, this firm represents Blake Smith with respect to his ongoing evaluation of the development potential for his Storey County real estate holdings. My recollection is that our communications and informal discussions with you and the County staff, and elected and appointed County officials have been ongoing for over a year now.
I am writing at this juncture to request additional information regarding an advisement that was provided at your meeting with Mr. Smith last Friday, September 15th. I am unsure as to the specific content of the advisement and as to the specific source of same, however, Mr. Smith has indicated that issues involve recalls of County Commissioners, local initiative petitions, and requirements for public votes on any project proposals were all set forth. I have taken the liberty of having a member of our firm, Matt Griffin, initiate research into the appropriate Storey County Ordinances and Nevada Revised Statutes to ascertain the existence of any present law on the local or state level in support of what appear to be rather pointed and specific threats at a particular land owner. I can tell you preliminarily that I am aware of no instance in the history of your jurisdiction that planning and zoning matters were abandoned by the Planning Commission and County Commission in favor of an approval election.
Such a proposal is particularly
interesting in the context of the record of accomplishment of your planning
process beginning with the TRIO approval some years ago. Since that time
your Planning Commission, Staff, and County Commission has done a responsible
job of protecting the myriad of public interests of Storey County. Indeed,
the relatively recent approvals of continuing significant development proposals,
both industrial and mixed use within TRIC, and on parcels that were initially
within TRIC, are indicative of a process that appears to be working well
for Storey County. In short, a proposal, if such a proposal in fact exists
from within the County staff or a County elected official, to treat Mr.
Smith's potential future development applications in a different manner
than applications involving parcels within TRIC is under consideration,
we'd like to be advised of the source of the proposal and the contents
of
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the same. Our intent in making such a request is to be able to responsibly evaluate the same and be involved in any future discussions.
I am aware of the general provisions regarding ballot initiatives and recalls and will provide you with a copy of our research. must admit, however, to some confusion regarding the apparent negative and perhaps even threatening focus on one landowner, whose development track record in Western Nevada is universally considered to be excellent, in the context of the present significant and ongoing commitment to development within TRIO in both the mixed use and industrial contexts. It is my hope that I am either mistaken in my confusion, or that your can provide the appropriate information to indicate the basis and source for a proposed departure from Storey 'County's traditional and historical processes in this regard.
Kindly advise.
Cordially,
KUMMER KAEMPFER BONNER RENSHAW & FERRARIO
Mark E. Amodei
MEA/Ia
cc: Harrold Swafford, Esq. Chris MacKenzie,
Esq. Blake Smith
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