Saturday, May 03, 2003
Copyright © Las Vegas Review-Journal
County policy would delay Rhodes vote
By FRANK GEARY
REVIEW-JOURNAL
 Developer Jim Rhodes, shown in a photograph from a TV ad, is trying to convince the public that his developing near Red Rock Canyon National Conservation Area is good for the community. Photo by Jeff Scheid.
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Developer Jim Rhodes hit a roadblock Friday in his race against politicians determined to stifle development on his 2,400 acres next to scenic Red Rock Canyon.
Clark County officials told Rhodes that development plans he wanted processed and voted on by the County Commission within weeks will take county administrators closer to a year to scrutinize before going to a commission vote.
Meanwhile, Rhodes this week launched a public-relations campaign aimed at winning support for his development, and County Manager Thom Reilly on Friday said former Commissioner Erin Kenny is misinterpreting the county's ethics rules if she continues lobbying commissioners on behalf of Rhodes.
Rhodes on Wednesday filed with the county four separate land-use applications for development of his property that he argued weren't subject to the county's yearlong "major projects" process.
Lengthier procedures are required by the county for developments of 700 or more acres, but Rhodes in his land-use applications divided his property into distinct parcels of less than 700 acres.
"The four applications were filed by four different companies, all of which have Jim Rhodes as president," said Barbara Ginoulias, assistant director of the county's Comprehensive Planning Department. "It certainly gives the appearance that this is under one developer and is one development."
Rhodes' attorney Steve Morris in a prepared statement distributed Friday said Planning Department administrators don't have the authority to prevent the county Planning Commission and County Commission from considering a development proposal.
County planners determined Rhodes' proposed Hidden Hills development is subject to the county's major-projects process because of the acreage involved and the fact that the area is far from existing water and sewer lines, major roads and other infrastructure, Ginoulias said.
Other large developments, such as Summerlin and Southern Highlands, were subject to the lengthier development process even though they were located closer to existing infrastructure than Rhodes' project.
California-based John Laing Homes initiated the same county procedures last year before withdrawing its development plans for the site Rhodes purchased for $53.8 million in March.
With the state Legislature and County Commission considering regulations this month that would severely limit his development plans, Rhodes this week took his fight to the public.
Through television and newspaper ads, an internet Web site and personal appearances, Rhodes is trying to convince the public that developing the land east of the Red Rock Canyon National Conservation Area is good for the community.
By calling a phone number listed on the television ads, or through the Web site, www.redrockissues.org, members of the public can schedule a tour of the scarred mining property Rhodes wants to develop.
"I took these ads out to set the record straight," Rhodes said in a prepared statement.
Also, Reilly said Kenny is misinterpreting the county's 5-year-old ethics policies if she believes she can continue lobbying sitting commissioners on behalf of Rhodes, her client and longtime political supporter.
Ethics policies prohibit former commissioners for one year from lobbying sitting commissioners or county staff on issues that had come before the former commission.
Kenny, according to an affidavit from Commissioner Mark James, started lobbying James on Rhodes' development plans the day after James replaced Kenny on the commission in January.
Kenny couldn't be reached for comment Friday, but Reilly said Kenny has said publicly she didn't violate the the ethics rules because Rhodes' development plans never came before her while on the commission.
Reilly said Kenny is mistaken. The commission late last year considered at least two issues aimed directly at preventing development on the land Rhodes later purchased.
"If the question is `Did this issue appear before the last County Commission?', I think it did on several occasions," Reilly said. "The ethics policy doesn't say you had to vote on it. It talks about items that came before the board."
The commission on Tuesday is scheduled to discuss convening its defunct Ethics Task Force. Commissioners Bruce Woodbury and Rory Reid want the task force to recommend ways to strengthen the rules by gapping loopholes and establishing penalties for violations.
Both commissioners said they want a blanket ban that would prevent former commissioners from lobbying sitting commissioners on any issues for a year after they leave office.