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WE'RE GONNA GO AHEAD AND CALL THE SOUTHERN EDWARDS PLATEAU HABITAT CONSERVATION COORDINATING COMMITTEE TO ORDER.
IT IS 2:00 PM UH, CAN I GET ROLL CALL PLEASE? MR. NINO? PRESENT, MR. GARCIA? MR. FLORES? PRESENT.
MR. BROCK PRESENT, CHAIR RAMIREZ.
[Public Comments ]
SIGNED IN TO SPEAK FOR PUBLIC COMMENT? NO.[Briefing and Possible Action on the following items ]
TAKE THE FIRST ITEM ON THE AGENDA.GOOD AFTERNOON, LOGAN SPARROW, POLICY ADMINISTRATOR.
AGENDA ITEM NUMBER ONE IS DISCUSSION AND POSSIBLE ACTION ON SS C P H C P APPLICATION 23 DASH 0 0 6.
THIS PROJECT IS LOCATED WITHIN NORTHWESTERN BEAR COUNTY, GENERALLY AT 14 8 26 BANDERA ROAD AND IS 1.96 ACRES IN SIZE.
UH, THE APPLICANT IS CONSIDERING THE FUTURE DEVELOPMENT OF THE PROPERTY AND HAVE, UH, AND WISH TO ENROLL IN THE S A P H C P TO MITIGATE IMPACTS, UH, FROM THE COVERED SPECIES.
UH, IN TOTAL, UH, THE ENTIRE 1.96 ACRES IS LOCATED IN CAR ZONES THREE AND FOUR.
UH, IF APPROVED, THAT WOULD MERIT A $1,960 FEE WITH AN ADDITIONAL $196 PLAN ADMINISTRATION FEE.
STAFF DOES RECOMMEND APPROVAL.
UH, JUST TO POINT OUT OR CLARIFY, I KNOW WE'VE SHARED WITH THIS COMMITTEE IN THE PAST THAT WE ARE RUNNING A LITTLE LOW ON KARST CREDITS.
UH, BECAUSE THESE, UH, THIS PROPERTY IS ENTIRELY IN CAR ZONES THREE AND FOUR, THOSE DON'T ACTUALLY GET DEDUCTED FROM THE BALANCE ONLY CAR ZONES ONE AND TWO DO, BUT WE DO CHARGE THE SAME FEE, UH, FOR THE, UH, FOR THE COVERAGE.
SO, AGAIN, STAFF DOES RECOMMEND APPROVAL.
DO I HAVE ANY QUESTIONS ON THIS ITEM? I'LL LOOK TO MY LEFT.
ANY QUESTIONS? I'LL LOOK TO MY RIGHT.
DO WE HAVE ANYBODY ON THE WEBEX YET? NO.
DO WE HAVE A MOTION FOR THIS ITEM? NO.
I HAVE A MOTION BY, UM, RUDY NINO.
CAN I GET ITEM NUMBER TWO PRESENTED, PLEASE? YES.
AGENDA ITEM NUMBER TWO IS BRIEFING AN ACTION TO ESTABLISH FINES ASSOCIATED WITH A BREACH OF CONTRACT, UH, FOR AN APPROVED PARTICIPATION AGREEMENT.
UH, IN THE LAST MONTH, UH, STAFF HAVE BEEN NOTIFIED OF TWO PROPERTIES THAT HAVE ENROLLED IN THE S C P H C P AND HAVE SUBSEQUENTLY BREACHED THE TERMS OF THOSE PARTICIPATION AGREEMENTS, SPECIFICALLY RELATED TO CLEARING OF VEGETATION WITHIN THE BREEDING SEASON.
FOR GOLDEN CHIEF WARBLER, UH, IN THE EVENT OF A BREACH, SS C P H C P STAFF ARE REQUIRED TO, WITHIN FIVE DAYS, NOTIFY THE N ENROLLEE.
UH, THAT HAS HAPPENED ALREADY IN BOTH CASES.
UH, AS PART OF THAT NOTIFICATION, WE STATE THAT THE PROGRAM ADMINISTRATOR WILL PREPARE, UH, AN IMPACT ASSESSMENT TO DETERMINE THE PENALTY ASSOCIATED WITH THAT BREACH OF THE CONTRACT.
UH, WHAT WE WANT TO DO TODAY IS WE WANT TO SET THOSE FEES IN STONE.
UH, WE WANT TO BE OPEN AND TRANSPARENT WITH THE COSTS ASSOCIATED WITH BREACHING THE TERMS OF THAT PARTICIPATION AGREEMENT.
UH, WHILE I'LL READ THEM IN INDIVIDUALLY, THEY ARE ALL DOUBLE THE MITIGATION FEE.
SO IF FOR GOLDEN CHEEK WARBLER OR BLACK CAP RIO, UH, DIRECT IMPACT, THE MITIGATION FEE IS 8,000 AN ACRE.
WE ARE PROPOSING 16,000 AN ACRE FOR THE FEE.
UH, INDIRECT, UH, INDIRECT, UH, WOULD BE 2000 PER ACRE.
THE, THAT'S THE MITIGATION FEE.
WE'RE PROPOSING 4,000 AN ACRE FOR THE VIOLATION.
AND THEN FOR BOTH CAR ZONES, 1, 2, 3, AND FOUR, RATHER THAN A THOUSAND AN ACRE TO ENROLL, JUST LIKE THE ITEM WE JUST LOOKED AT, WE'RE PROPOSING 2000 AN ACRE.
SHOULD THERE BE A BREACH OF THAT CONTRACT? THE FEES ASSOCIATED OR COLLECTED WOULD GO INTO THE LAND ACQUISITION FUND.
AGAIN, THE PURPOSE OF THE S C P H C P IS TO AUTHORIZE A CERTAIN AMOUNT OF TAKE.
WE COLLECT THE MONEY, WE GO OUT, WE CAN ESTABLISH OTHER PRESERVES THAT ARE SAVED IN PERPETUITY.
UH, STAFF DOES RECOMMEND APPROVAL OF THE FINE SCHEDULE, UH, DETAILED, UH, IN THIS PRESENTATION.
DO I HAVE ANY, DO I HAVE ANY QUESTIONS ON THIS ITEM? AND I'LL LOOK TO MY LEFT.
UH, WE HAVE A QUESTION HERE FROM BOB BROCK.
I'VE GOT ONE QUESTION, UM, IS, UNDER THE ENDANGERED SPECIES ACT, THERE'S OBVIOUSLY
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FINES AND PENALTIES ASSOCIATED WITH THAT.I WAS WONDERING, BECAUSE WE'RE CALLING THIS A BREACH FEE, IS THAT DIFFERENT FROM THE PENALTIES THAT WOULD BE ASSESSED UNDER THE FISH WILDLIFE ACT? YOU WANNA ANSWER THAT ONE? IT IT, IT IS CERTAINLY DIFFERENT.
SO WE, WE DO NOT ASSESS FEES FOR FEDERAL POLICY.
WE'RE TALKING ONLY ABOUT THE FEES ASSOCIATED WITH PARTICIPATION IN OUR S E P H C P.
UM, IF YOU WANNA, JENNY, IF THERE'S ANYTHING YOU WANT TO ADD TO THAT, YOU'RE MORE THAN WELCOME TO.
I THINK THAT'S CLARIFICATION OF, YEAH.
DO YOU WANNA COME? YES, JUST JUST TO, JUST TO REPEAT THAT.
THE H C P REGULATIONS AND FINES ARE SEPARATE FROM THE FEDERAL FINES.
WE DO NOT HAVE THE AUTHORITY TO ASSESS FEDERAL FINES OR TO ENFORCE THOSE FEDERAL LAWS.
WE CAN ENFORCE THE REGULATIONS ESTABLISHED BY OUR A C P OR H C P ONLY.
YEAH, I WAS JUST CURIOUS IF MAYBE THERE HAVE TO BE A MAX ON IT BASED ON WHAT THOSE CAPS ARE WITHIN FEDERAL LAW.
SO, YOU KNOW, VERY, SO WE, WE HAVE MET WITH US FISH AND WILDLIFE REGARDING THESE BREACHES.
WE HAVE, WE'VE, UH, DEMONSTRATED TO THEM WHAT WE ARE PROPOSING HERE TODAY, DOUBLING THE FINES.
UM, CERTAINLY US FISH AND WILDLIFE DOES NOT WEIGH IN ON WHAT FINES SHOULD OR SHOULD NOT BE FOR THE H C P, UH, BUT THEY WERE, UH, SUPPORTIVE OF THE MOTION, UH, THAT I THINK DEMONSTRATES THAT WE TAKE OUR PERMIT SERIOUSLY, UH, AND, AND WE WILL TAKE VIOLATIONS OF OUR PERMIT.
AND, HI, THIS IS JOSEPH HARNEY, CITY TURNS OFFICE.
JUST TO KIND OF CLARIFY THAT, TE IT'S NOT A FINE, TECHNICALLY IT'S ADMINISTRATIVE PENALTY.
THERE'S SOME, THERE IS SOME KIND OF LINES THERE.
AND SO THIS WOULD ESSENTIALLY BE AS PART OF THE, THE AGREEMENT, YOU KNOW, THIS IS WHAT THE PARTIES AGREE TO, UM, TO ENTER INTO THE, THE PLAN AND, AND, YOU KNOW, MOVE FORWARD.
IT'S WOULDN'T BE NECESSARILY A, A, A FINE AS WE COMMONLY KNOW IT.
YEAH, I JUST WANTED TO MAKE SURE WE WEREN'T GETTING OURSELVES IN TROUBLE.
ANY OTHER QUESTIONS DOWN HERE? YES, I HAVE.
WHAT IS OUR RECOURSE, UM, SHOULD THE PARTICIPANT NOT BE ABLE TO PAY? SO WE, AS PART OF THE PARTICIPATION AGREEMENT, WE, UH, CERTAINLY CAN SUBJECT THEM TO FINES.
WE'VE ALREADY ISSUED STOP WORK ORDERS, AND WE DO MAKE IT VERY CLEAR IN OUR LETTER THAT IF YOU FAIL TO AGREE TO WHAT WE PROPOSE AS THAT CURATIVE PROCESS, YOU CAN BE EXPELLED FROM THE PROGRAM.
UH, IF YOU ARE EXPELLED FROM THE PROGRAM, YOU FORFEIT YOUR ENROLLMENT FEE.
AND AT THAT POINT IN TIME, YOUR ONLY OPTION MOVING FORWARD IS TO CONSULT DIRECTLY WITH US FISH AND WILDLIFE.
SO THEN WE, THE, THE, THE PLAN HAS THE, THE AUTHORITY TO STOP EVERYTHING ON THAT UNTIL THEY GET BACK IN COMPLIANCE OR PAY THE FINE.
SO WHAT, WHAT THE, THE BREACH LETTERS, NOTIFICATION OF BREACH LETTERS THAT WERE SENT OUT DID A NUMBER OF THINGS.
THEY SAID, NUMBER ONE, YOU'RE IN VIOLATION.
NUMBER TWO, WE'RE GOING TO COME UP WITH A PROPOSED PENALTY.
NUMBER THREE, UH, AS A REMINDER, YOU ARE NOT ALLOWED TO DO ANY CLEARING CONSTRUCTION ACTIVITY, ET CETERA DURING THE BREEDING SEASON.
AND YOU ARE NOT ALLOWED TO PROCEED UNTIL THAT BREEDING SEASON IS, IS OVER, OR ELSE WE HAVE GIVEN YOU WR GIVEN YOU WRITTEN PERMISSION TO PROCEED WITH THAT DEVELOPMENT.
AND IF THEY DON'T AGREE TO THOSE, THEY COULD BE EXPELLED FROM THE PROGRAM AND, AND THEN HAVE TO CONSULT WITH THE SERVICE MOVING FORWARD.
AND I THINK WE HAVE ANOTHER QUESTION HERE FROM MR. FLORES.
SO MY QUESTION IS, UM, IS THIS A STANDARD FEE THAT WE'RE ASSESSING? UH, HAS THIS BEEN ASSESSED BEFORE IN THE PAST? SO WHAT, UH, FOR LIKE THE 16,000? SO WHAT, WHAT WE'RE DOING IS WE'RE ACTUALLY DOING WHAT DEVELOPMENT SERVICES DOES FOR A LOT OF OTHER FEES.
SO YOU DO CERTAIN WORK WITHOUT A PERMIT, WE WILL DOUBLE FEE YOU ASSOCIATED WHEN, WHEN YOU DO COME IN TO OBTAIN THAT PERMIT.
THAT WAS THE UNDERLYING STRATEGY.
THIS IS A METHODOLOGY THAT'S BEEN USED BY THE DEPARTMENT FOR YEAR, DECADES.
UH, AND WE ARE APPLYING THAT SAME METHODOLOGY HERE.
BUT IN ORDER FOR US TO IMPLEMENT THAT THROUGH THE PLAN, WE HAVE TO, IT HAS TO COME THROUGH THE COORDINATING COMMITTEE TO BE ADOPTED.
THE, I I THINK WHAT'S IMPORTANT TO REMEMBER HERE IS WHEN YOU, WHEN AN N ENROLLEE CHOOSES TO PARTICIPATE IN THE S C P H C P, THEY'RE ACCEPTING THAT COVERAGE WITH CERTAIN CONDITIONS.
AND CERTAINLY ONE OF THOSE CONDITIONS IS WE RESERVE THE RIGHT TO ASSESS PENALTIES IF YOU VIOLATE OUR PARTICIPATION AGREEMENT.
WE DON'T THINK IT IS ADMINISTRATIVELY EFFICIENT TO NEGOTIATE PENALTIES FOR EACH AND EVERY INDIVIDUAL VIOLATION.
LET'S SET 'EM IN STONE AND LET'S COMMUNICATE THAT AHEAD OF TIME.
AND DO I HAVE ANY QUESTIONS TO MY RIGHT? AND I KNOW HOMER HAS JOINED.
I BELIEVE THAT WAS AROUND 2 0 4 0 5.
UM, HOMER, DO YOU HAVE ANY QUESTIONS ONLINE? NO, I DO NOT.
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THERE'S NO FURTHER QUESTIONS.DO I HAVE A MOTION FOR THIS ITEM? I MOVE TO APPROVE AND I'LL SECOND, I HAVE A MOTION TO APPROVE BY BOB BROCK AND A SECOND BY KEN GLARY.
[Approval of Minutes ]
ON THE AGENDA IS OUR MINUTES.DO WE HAVE ANY PROPOSED CHANGES TO THOSE MINUTES OR ADOPTION? A MOTION? ANY MOTIONS? UM, I'LL MAKE A MOTION TO APPROVE AS WRITTEN.
SECOND, WE HAVE A MOTION BY KEN GLARY AND A SECOND BY BOB BROCK.
IT IS TWO 11 AND OUR MEETING IS ADJOURNED.
THANK YOU EVERYONE FOR PARTICIPATING AND COMING OUT IN THE RAIN.