IVGID Chair and GM COLLUSION: BEACH ACCESS GIVEAWAY
To paraphrase Yogi Bera: Incline beaches are too crowed – so residents don’t go there.
So why was an agenda item placed on the IVGID Board of Trustees Consent Calendar [May 26, 2022] to give the General Manager virtually uncontrolled authority to GIVE AWAY recreational venue access? That would include THE BEACHES!
The Consent Calendar means the Trustees do not discuss the item. They just vote. And a yes is expected (consent = agree).
The agenda is created by the General Manager with input from the Chair of the Board of Trustees, Tim Callicrate.
The agenda item was written by Josh Nelson (BB&K), external legal counsel for the Board. BB&K was the legal counsel for the City of Bell, CA, the most publicized municipal fraud case in the U.S. (see Wikipedia). He is licensed by the Nevada Bar but lives in California, is not an IVGID employee, and not a property owner. His interests do not align with Incline property owners.
Perhaps the real question to ask is:
Did the GM collude with Chair Callicrate and legal counsel Josh Nelson to put an item on the consent calendar May 26, 2022 allowing the GM virtually uncontrolled authority to give away recreational venue access?
What is collusion? The legal dictionary on the web says, ”An agreement between two or more people to defraud a person of his or her rights or to obtain something that is prohibited by law.”
The Beach Deed states, “that the real property above described [beaches], and any and all improvements now and hereafter located thereon, shall be held, maintained and used by grantee it successors and assigns, only for purposes of recreation by and for the benefit of property owners and their tenants…..within the district and…as the (IVGID Board) may determine the guests of such property owners……”
The Beach Deed does not mention the General Manager, nor does it give this role any rights.
If you are a property owner, you should be insulted that your rights (beach access) are being violated by the General Manager and the Chair Tim Callicrate. Do they care that the beaches are crowded? Apparently not. Do they care that property owners want the Beach Deed respected and followed? It seems to be the answer is no. Do they care that you pay about $800 per year PLUS part of your property taxes to have these “recreational privileges”? That is questionable. Do they want to give favors to selected groups? Apparently yes.
The Resolution (Policy) that was presented as part of this agenda item was written to fool the public.
Policies must be consistent with laws. One can’t make an unlawful act legal by adopting a policy. Violating the Beach Deed is still violating the Beach Deed – which is a Contract. Government can always be sued for breach of contracts.
IVGID does not have authority to giveaway recreation venue access or anything else to private entities or non-profits or individuals . There is no “public purpose” to such giveaways. Providing complimentary or discounted access to recreation facilities is NOT a fundamental purpose of government.
Public purpose means the use of public funds, no matter the source, must primarily benefit and promote the welfare of its citizens within the community and not solely for the benefit of a specific person, interest and/or private entity. With no public purpose, such giveaways are unlawful gifts of public funds / resources. In Lyon County Nevada, the County Manager stated during a meeting Feb 3, 2005,”In most cases it is illegal for the County to waive fees because the fees are then being supported by the taxpayers of the County and could be considered a gift of public funds.” The minutes then show,” The District Attorney concurred that the County cannot waive fees.” So how in the world can Josh Nelson opine that it is ok for IVGID to waive fees?
There is NO STATUTE that says IVGID can make giveaways, donations, or provide complimentary access, discounts, etc.
IVGID has only the authority to give a discount for prompt payment of bills.
NRS 318.197 4. The board may provide for the collection of charges. Provisions may be made for, but are not limited to: (a) The granting of discounts for prompt payment of bills.
The State Parks of Nevada give veterans a $1 discount (about 10%). Why should IVGID, which requires property owners to pay $6.7 million in subsidies per year, be giving away freebies to anybody? Is this vote-buying?
The Trustees should consider this, “It [taxation] must be imposed for a public, and not for a mere private purpose. Taxation is a mode of raising revenue for public purposes only, and … when it is prostituted to objects in no way connected with the public interests or welfare, it ceases to be taxation and becomes plunder.” People ex rel. Detroit & H.R. Co. v. Salem Township Bd. (20 Mich. 452, 1870) So is the Recreation Fee really taxation – and if the GM can make uncontrolled handouts, “plunder?”
Tell your Trustees to vote NO when this item next appears on the agenda [June]. It was REMOVED from the consent calendar by one of the Trustees. But unless you take action, the collusion will be complete – and violation of your beach rights will be IVGID policy.
The author, J. Gumz, is a long-time resident and property owner of Incline Village and a registered voter.