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Thursday, June 11, 2009

Tahoe governing district continues beach violation probe



INCLINE VILLAGE, Nev. — Tahoe Regional Planning Agency representatives will be treated the same as emergency personnel when requesting access to district beaches, Incline Village General Improvement District General Manager Bill Horn said Wednesday.

“In the future, a TRPA official looking to perform an official TRPA duty will have to call Parks and Recreation Director Hal (Paris) or Bill Horn, and we'll make sure they can have access,” Horn said after Wednesday's IVGID Board of Trustees meeting. “I view TRPA the same as a fire person — that's the reason they are given access, to perform their duties.”

Last week, Horn announced in his General Manager's Report to the board that a “Crystal Bay resident and a TRPA representative accessed Burnt Cedar Beach on May 22, 2009, in violation of the deed access restriction. I will be working with District Staff and the TRPA Executive Director to discuss/determine what consequences there should be for this type of violation of District policy.”

The GM report can be viewed in full within the Wednesday BOT agenda packet at www.ivgid.org.

On Tuesday, Horn said he was still investigating the incident, and at Wednesday's meeting, he told the board he will continue to investigate it internally.

Earlier in the day Wednesday, TRPA spokesman Dennis Oliver said TRPA had finished its investigation, concluding a male TRPA representative and a local contractor did illegally access Burnt Cedar.

“Arrangements had not been made for these two individuals to actually access the beach,” Oliver said. “There was a lack of understanding and failure to communicate on our end.”

The two were conducting an informal consultation of potential scenic impacts regarding the color of rocks near the area, Oliver said. Oliver said the TRPA representative apologized to the Burnt Cedar kiosk attendant and supplied the attendant with a business card to prove his government status.

Oliver said the incident serves as a reminder for TRPA and IVGID to communicate better.

“We are going to just make sure our staff understands the circumstances when attempting to access IVGID facilities,” Oliver said.

Horn said he received word of TRPA's investigation via e-mail on Wednesday.

“I don't believe any consequences will go to the TRPA representative — I've worked with this particular TRPA rep before, and he always has been an exceptional person,” Horn said. “I do have problems, though, with the contractor. I'll do some more work on it (the investigation).”

Beach access lawsuits

At Wednesday's meeting, district counsel Scott Brooke updated trustees on the two federal lawsuits in litigation regarding access to Burnt Cedar, Incline and Ski beaches.

The separate lawsuits — filed last year by Crystal Bay residents Steven Kroll and Frank Wright, respectively — are nearing the end of the discovery phase.

“Both cases are moving into motion practices,” Brooke said.

He said IVGID will file motions to dismiss both cases. If the motions are denied, Brooke said he expects separate trials to ensue in the fall or winter of this year.


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