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Friday, August 31, 2007

IVGID board turns down beach proposal, 3-2




ENLARGE
Amid a chorus of boos, Incline Village General Improvement District Board Chair Bea Epstein seconded Trustee Bob Wolf's motion Wednesday to put the proposed beach access resolution to a vote.

Wolf and Epstein weathered further jeers from the 200 plus crowd at the Chateau when they voted to adopt the proposal, which would have allowed owners of 427 parcels in Incline Village and Crystal Bay without access to private IVGID beaches to apply to become "sponsored" guests of those with IVGID beach access.

"Because I believe in the work that has been done, I'm going to second the motion," Epstein said Wednesday. "We're here for discussion, ladies and gentlemen, and we are a democratic process."

The proposal wasn't adopted, however, as trustees John Bohn, Gene Brockman and Chuck Weinberger voted it down, all but terminating the working group assigned to devise a solution and seemingly relaunching the issue toward litigation.

Wednesday's split decision seemed to satisfy most of the packed Chateau crowd, as applause, sighs of relief and comments such as "let's go to the beach" followed Weinberger's final vote, which gave naysayers the 3-2 advantage.

A show of hands at the meeting showed that, of the more than 200 citizens present Wednesday, about six were from Crystal Bay. Those numbers were represented in the public comment portion, as all but two speakers of the near 30 who spoke were for the proposal's adoption.

Many who spoke against the proposal spoke loudly, using litigation and the original 1968 deed language as ammunition, drawing loud cheers and applause from the crowd.

"This is not a compromise. All you're doing is conceding a surrender to a few special interest groups," said Incline resident Diane Higgins. "If you want all your friends to (have beach access), move to Incline. (Beach access) was the whole reason we chose to buy in Incline."

Incline resident Alvin Bakst agreed.

"It's easier to threaten the board with a lawsuit. Who's going to clean it up? It will be us. Who are they going to sue? It will be us," Bakst told the board. "If you (approve) this, you're opening up a Pandora's box. If they're going to sue, let them sue us. At the very worst, they will win.

"Don't knuckle in because of the threat of the lawsuit."

The beach access portion of Wednesday's Board of Trustees meeting began with Incline resident Chuck Otto's presentation of the proposal. Otto, along with Incline resident Andy Wolf and Crystal Bay residents Steven Kroll and Frank Wright, and Brockman, Epstein and IVGID General Manager Bill Horn, were part of the working group assigned by the IVGID board on June 27 to devise the proposal. Horn acted as group facilitator, while Epstein and Brockman provided input and suggestions over the course of eight group meetings.

If approved, the proposal would have allowed Incline residents with beach access the option to become a "sponsor" to citizens without beach access, Otto said Wednesday. The "sponsored" then would have to pay $150 to gain yearly beach access, with the opportunity to buy up to five additional passes, at one-fifth the total price, for family members.

Of the more than 8,000 parcels in Incline Village/Crystal Bay, 427 do not have beach access, Otto said. Of that number, 165 are in Crystal Bay, 132 reside in "Washoe County No. 1" (formerly Crystal Bay General Improvement District) and 130 are sprinkled about Lakeshore Drive and its side streets in Incline Village.

"We are delighted to present a proposal ... a resolution that might be satisfactory enough for a final resolution," Otto said Wednesday, adding that the proposal's goal was to avoid litigation and unify the community.

But not many people bought into the idea. Many said if a vote was to be made, it should come from Incline Village and Crystal Bay residents, not the board.

"You would be selling an asset of ours," Incline resident Tom Bruno told the board. "And you'd be selling us down the river if you do this. This should come to a vote from the Incline Village people."

Crystal Bay resident Jan Ellis was one of the few non-beach access citizens in the crowd. If Crystal Bay residents aren't allowed beach access, they shouldn't have to pay for other IVGID fees, Ellis said.

"It's so hard to feel the hate and animosity from this crowd. It breaks my heart," Ellis said. "What makes (Crystal Bay) feel connected as a community is because it's connected to Incline Village. I think the idea of avoiding litigation is honorable.

"I really would like to say I want to opt out of the fees for the (Recreation) Center and other fees. I feel hatred from this crowd; I don't feel I belong."

Other speakers against the proposal made statements that the IVGID board and its members could face litigation if they adopt the resolution. Some citizens also said board members could jeopardize their chances for re-election in 2008 if they vote for the proposal.

"Lawsuits are driven by money. There's always going to be someone who's going to file a lawsuit," said Incline resident Bob Sendall. "I think you've weakened considerably if you adopt this."

After public comment, the trustees voiced their opinions.

"I don't feel the board has the power to vote on this motion," Bohn said. "I think (the proposal) is a transparent attempt to run around the deed restriction. A vote in favor would just be appeasement, and appeasement doesn't work in the face of aggression."

Weinberger said if a solution is to be approved, it needs to be long-term, something he said the proposed resolution didn't satisfy.

Wolf and Epstein shared similar views, saying the resolution deserved to go to vote to honor the working group's effort.

Brockman said he might agree with the proposal if some clauses were changed and it was rewritten.

In other news, board members approved the next phases of two public works projects.

The first was to award a contract in the amount of $44,875.75 to Cruz Excavating, Inc., of Incline Village, for the Anne Vorderbruggen building best management practice project. The project will install concrete valley gutter along the edges of the administrative building's parking lots and three drop inlets.

Board members also approved the next phase of the new parks storage building project, which was to allow IVGID staff to enter into a professional consulting services agreement with BJG Architecture and Engineering, totaling $59,500, for architectural and engineering design and bid services for the building.

The approval also allowed staff to enter into a professional consulting services agreement with Lumos and Associates, totaling $22,100, for surveying, geotechnical and civil site design services.

The project is designed to replace the existing parks storage trailer with a 5,305 square-foot, two-story building. It will remain in the same location, next to the Donald W. Reynolds Community Non-profit Center.


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